[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Senate]
[Pages S10738-S10741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES:
  S. 4038. A bill to establish the bipartisan and independent 
Commission on Global Resources, Environment, and Security, and for 
other purposes; to the Committee on Environment and Public Works.
  Mr. SARBANES. Mr. President, today I am introducing legislation to 
establish a Commission on Global Resources, Environment and Security. 
The goal of the Commission is to address one of the most serious, long-

[[Page S10739]]

term threats facing our Nation--the degradation of the earth's natural 
life support systems--and to make recommendations for a coordinated, 
comprehensive, long-range national policy and new strategies to promote 
global environmental security.
  In March 2005, more than 1,300 scientists from 95 countries around 
the world completed the largest and most comprehensive study of the 
health of the earth's ecosystems ever undertaken. Known as the 
Millennium Ecosystem Assessment, the four-year study found that the 
natural systems that support life on earth--our waters, wildlife and 
fisheries, air and lands--have been degraded more rapidly and 
extensively over the past five decades than in any comparable period of 
time in history. The result has been a substantial loss of 
biodiversity, a significant increase in atmospheric concentration of 
carbon dioxide, depletion of world fisheries and water supplies, 
excessive nutrient pollution of rivers and coastal waters, and 
increased risk of emergence of new diseases. The report also found 
that, unless substantial actions are taken in policies, institutions 
and practices in the near future to reverse the degradation, the 
pressure on the planet's ecosystems will continue to increase. In the 
next 50 years, the world population is expected to grow from 
approximately 6 billion to more than 9 billion people. Global demand 
for food is projected to increase by 70-80 percent. Energy consumption 
is projected to double by 2035 at current growth rates. Globally, as 
much as 25 percent of freshwater use and 35 percent of irrigation 
withdrawal is supplied from unsustainable sources. An estimated 7 
billion people could face water shortages.
  Experts agree that these environmental threats also have profound 
implications for our national security. According to former Secretary 
of State Colin Powell . . . ``poverty, destruction of the environment 
and despair are destroyers of people, of societies, of nations, a cause 
of instability as an unholy trinity that can destabilize countries and 
destabilize entire regions.''
  As the world's wealthiest nation, the U.S. has the responsibility and 
the unique capacity to lead the world toward a more sustainable future. 
The legislation which I am introducing today represents the important 
step in that direction. It provides for the establishment of an 
independent commission to examine the state of scientific understanding 
and current efforts to protect the global environment, to assess the 
impact of continued global environmental deterioration on U.S. 
interests, and to make recommendations to address these threats. The 
last time the Federal Government took a broad in-depth review of 
international environment and development issues was in the 1970s.
  At the launch of Millenium Ecosystem Assessment, Secretary General of 
the United Nations, Kofi Annan, stated that, ``only by understanding 
the environment and how it works, can we make the necessary decisions 
to protect it.'' The concept of such a Commission is strongly supported 
by a broad range of leading scientific and foreign policy leaders who 
have signed the ``Earth Legacy Declaration.'' They assert that: ``We 
need a national discussion on the fundamental questions of what legacy 
we will leave our children and grandchildren, and what actions we must 
take as a nation to ensure that the world we hand down to them is as 
safe, healthy, and bountiful as the one we inherited.''
  We need a new consensus and a foundation upon which to build a 
renewed U.S. commitment to protect the global environment. I hope my 
colleagues will join me in this measure to establish this Commission on 
Global Resources, Environment, and Security.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4038

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Global Resources, 
     Environment, and Security Commission Act of 2006''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) humans are placing increasing and potentially 
     unsustainable pressures on--
       (A) the Earth;
       (B) ecosystems; and
       (C) natural resources;
       (2) economic prosperity, human health, and peaceful 
     international relations depend on the continued existence 
     of--
       (A) a clean environment; and
       (B) the sustainability of natural resources and ecosystem 
     services;
       (3) increasing scarcities of natural resources and 
     environmental degradation can cause economic losses and 
     contribute to--
       (A) disease;
       (B) famine;
       (C) increased vulnerability to natural disasters;
       (D) mass migration;
       (E) disruption of trade; and
       (F) violent conflict;
       (4) those potential disasters can--
       (A) weaken all members of the international community; and
       (B) create serious threats to the national security of the 
     United States;
       (5) many scientific studies reveal that the rapid increases 
     in global population and the new global security problems 
     have, and will likely continue to have, serious impacts on 
     the United States, including--
       (A) inadequate access to sources of healthy freshwater;
       (B) loss of biodiversity;
       (C) climate change;
       (D) marine overfishing and pollution;
       (E) transboundary air pollution;
       (F) nuclear and chemical contamination;
       (G) deforestation;
       (H) invasive species migration; and
       (I) soil degradation and desertification;
       (6) the complex and interconnected nature of those problems 
     requires new forms of cooperation between--
       (A) the stakeholders of the United States; and
       (B) the United States and other countries;
       (7) according to the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.), it is the national policy of 
     the United States--
       (A) to recognize the worldwide and long-range character of 
     environmental problems; and
       (B) to lend appropriate support to initiatives, 
     resolutions, and programs designed to maximize international 
     cooperation in anticipating and preventing a decline in the 
     quality of the world environment;
       (8) the United States is in a unique position to be able to 
     share scientific and technical expertise on the world stage 
     in ways that--
       (A) benefit all persons; and
       (B) provide opportunities in the United States for--
       (i) economic growth;
       (ii) investment; and
       (iii) innovation; and
       (9) the leadership of the United States on the advancement 
     of global environmental security serves the domestic 
     interests of the United States while strengthening 
     relationships between the United States and other countries.
       (b) Purpose.--The purpose of this Act is to establish a 
     bipartisan and independent commission to make recommendations 
     for a coordinated, comprehensive, and long-range national 
     policy for new and existing strategies initiated by the 
     United States to promote global environmental security.

     SEC. 3. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``Commission on Global Resources, Environment, 
     and Security'' (referred to in this Act as the 
     ``Commission'').
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 18 
     members who are knowledgeable in matters relating to global 
     environmental security and population (including individuals 
     with experience from the Federal Government, State, and local 
     governments, academic and technical institutions, and public 
     interest organizations), of whom--
       (A) 2 members shall be appointed by the President, of whom 
     not more than 1 may be from the same political party as the 
     President;
       (B) 4 members shall be appointed by the majority leader of 
     the Senate, in consultation with the Chairpersons of--
       (i) the Committee on Environment and Public Works of the 
     Senate;
       (ii) the Committee on Foreign Relations of the Senate;
       (iii) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       (iv) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (C) 4 members shall be appointed by the minority leader of 
     the Senate, in consultation with the ranking members of--
       (i) the Committee on Environment and Public Works of the 
     Senate;
       (ii) the Committee on Foreign Relations of the Senate;
       (iii) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       (iv) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) 4 members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the 
     Chairpersons of--
       (i) the Committee on Energy and Commerce of the House of 
     Representatives;
       (ii) the Committee on International Relations of the House 
     of Representatives;
       (iii) the Committee on Resources of the House of 
     Representatives;
       (iv) the Committee on Science of the House of 
     Representatives;

[[Page S10740]]

       (v) the Committee on Homeland Security of the House of 
     Representatives; and
       (vi) the Committee on Government Reform of the House of 
     Representatives; and
       (E) 4 members shall be appointed by the minority leader of 
     the House of Representatives, in consultation with the 
     ranking members of--
       (i) the Committee on Energy and Commerce of the House of 
     Representatives;
       (ii) the Committee on International Relations of the House 
     of Representatives;
       (iii) the Committee on Resources of the House of 
     Representatives;
       (iv) the Committee on Science of the House of 
     Representatives;
       (v) the Committee on Homeland Security of the House of 
     Representatives; and
       (vi) the Committee on Government Reform of the House of 
     Representatives.
       (2) Representation of commission.--To the extent consistent 
     with paragraph (1), the membership of the Commission shall be 
     balanced by area of expertise.
       (3) Prohibition on federal government employment.--A member 
     of the Commission appointed under paragraph (1)(A) shall not 
     be an employee or former employee of the Federal Government.
       (4) Considerations for appointment.--
       (A) Background of members.--
       (i) In general.--All members of the Commission shall have 
     experience in--

       (I) State and local governments;
       (II) academic and technical institutions;
       (III) businesses and industries relating to resource and 
     economic development; or
       (IV) public interest organizations.

       (ii) Preference to individuals with interdisciplinary 
     expertise.--In appointing members to the Commission, 
     preference shall be given to individuals who have 
     interdisciplinary experience.
       (B) Political affiliation of members.--Members of the 
     Commission shall be appointed so that not more than 9 members 
     of the Commission are members of any 1 political party.
       (5) Date of appointments.--The appointment of a member of 
     the Commission shall be made not later than March 30, 2007.
       (6) Term; vacancies.--
       (A) Term.--A member of the Commission shall be appointed 
     for the life of the Commission.
       (B) Vacancies.--
       (i) In general.--A vacancy on the Commission shall be 
     filled in the same manner in which the original appointment 
     was made.
       (ii) Partial term.--A member appointed to fill a vacancy on 
     the Commission shall serve for the remainder of the term for 
     which the predecessor of the member was appointed.
       (7) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (8) Meetings.--
       (A) In general.--The Commission shall meet--
       (i) at least twice each year; or
       (ii) at the call of the Chairperson or the majority of the 
     members of the Commission.
       (B) Public access to meetings.--
       (i) In general.--Except as provided in clause (ii), each 
     meeting of the Commission shall be open to the general 
     public.
       (ii) Exception.--If a meeting of the Commission addresses a 
     matter described in section 552b(c) of title 5, United States 
     Code, the Commission may close the meeting, or a portion of 
     the meeting, to the general public.
       (9) Quorum.--A majority of voting members shall constitute 
     a quorum, but a lesser number may hold meetings.
       (10) Chairperson and vice chairperson.--
       (A) Election.--The Commission shall elect the Chairperson 
     and the Vice Chairperson of the Commission on an annual 
     basis.
       (B) Absence of the chairperson.--The Vice Chairperson shall 
     serve as the Chairperson in the absence of the Chairperson.
       (11) Voting.--The Commission shall act only on an 
     affirmative vote of a majority of the voting members of the 
     Commission.

     SEC. 4. DUTIES.

       (a) Study.--The Commission shall--
       (1) review and affirm current scientific understanding on 
     the health of the global environment and the long-term 
     availability of natural resources through the use of 
     independent, consensus-based assessments and peer reviewed 
     studies undertaken by the United States, the United Nations, 
     and any other international entity;
       (2) study the impacts of--
       (A) global and transnational environmental problems, 
     natural resource scarcity, and global population pressure on 
     the interests of the United States, including--
       (i) national security;
       (ii) public health;
       (iii) industry and trade; and
       (iv) international relations; and
       (B) the actions of the United States on global 
     environmental security;
       (3) assess--
       (A) the effectiveness of Federal and State efforts to 
     enhance global environmental security, including--
       (i) the integration of related activities;
       (ii) the interagency coordination of related activities; 
     and
       (iii) the funding of related activities;
       (B) the evolving roles of--
       (i) government;
       (ii) business; and
       (iii) nongovernmental organizations; and
       (C) the adequacy of efforts initiated by public and private 
     partnerships that strive to meet the goals of--
       (i) global environmental protection;
       (ii) natural resource sustainability; and
       (iii) economic prosperity; and
       (4) determine the progress of the United States in--
       (A) achieving relevant international goals and obligations; 
     and
       (B) meeting the challenges outlined by the scientific 
     studies described under paragraph (1).
       (b) Recommendations.--The Commission shall develop 
     recommendations for creating a coordinated, comprehensive, 
     and long-range national policy that promotes global 
     environmental security.
       (c) Report.--
       (1) In general.--By March 30, 2009, the Commission shall 
     submit to the President and Congress a report that contains--
       (A) a detailed statement of the findings and conclusions of 
     the Commission;
       (B) a summary of public comments; and
       (C) the recommendations of the Commission for such 
     legislation and administrative actions as the Commission 
     considers appropriate.
       (2) Publication of report.--Not later than 90 days before 
     submitting the final report of the Commission to the 
     President and Congress, the Commission shall publish a copy 
     of the report in the Federal Register.
       (3) Public comment.--
       (A) In general.--Before submitting the report of the 
     Commission to the President and Congress, the Commission 
     shall--
       (i) make a draft of the report available for public comment 
     for a period of not less than 60 days; and
       (ii) consider public comments relating to the draft of the 
     report.
       (B) Availability of report.--A copy of the report of the 
     Commission shall remain available for inspection--
       (i) in the offices of the Commission; and
       (ii) through electronically accessible formats and means, 
     such as the World Wide Web.
       (4) Congressional review.--
       (A) In general.--Not later than 90 days before submitting 
     the final report of the Commission to the President and 
     Congress, the Commission shall provide copies of the report 
     to the Chairpersons and ranking members of--
       (i) the Committee on Environment and Public Works of the 
     Senate;
       (ii) the Committee on Foreign Relations of the Senate;
       (iii) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       (iv) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (v) the Committee on Energy and Commerce of the House of 
     Representatives;
       (vi) the Committee on International Relations of the House 
     of Representatives;
       (vii) the Committee on Resources of the House of 
     Representatives;
       (viii) the Committee on Science of the House of 
     Representatives;
       (ix) the Committee on Homeland Security of the House of 
     Representatives; and
       (x) the Committee on Government Reform of the House of 
     Representatives.
       (B) Opportunity for comment.--Before submitting the report 
     to the President and Congress, the Commission shall provide 
     each chairperson and ranking member of a committee described 
     in subparagraph (A) with an opportunity to comment on the 
     report.

     SEC. 5. POWERS.

       (a) Hearings.--
       (1) In general.--The Commission or, at the direction of the 
     Commission, any subcommittee or member of the Commission, 
     may, for the purpose of carrying out this Act hold such 
     hearings, meet and act at such times and places, take such 
     testimony, receive such evidence, and administer such oaths 
     as the Commission or such subcommittee or members considers 
     advisable.
       (2) Notice; minutes; public availability of documents.--
       (A) Notice.--Each open meeting of the Commission shall be 
     preceded by timely public notice in the Federal Register of 
     the time, place, and subject of the meeting.
       (B) Minutes.--Minutes of each meeting shall--
       (i) be kept by the Commission; and
       (ii) contain--

       (I) a record of the individuals present;
       (II) a description of the discussion that occurred during 
     the meeting; and
       (III) copies of all statements filed during the meeting.

       (iii) Availability.--Subject to section 552 of title 5, 
     United States Code, the minutes and records of all meetings 
     and other documents made available to or prepared for the 
     Commission shall be available for public inspection and 
     copying at a single location in the offices of the 
     Commission.
       (b) Information From Federal Agencies.--
       (1) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this Act.
       (2) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the agency shall 
     provide the information to the Commission.
       (c) Establishment of Subcommittees.--
       (1) In general.--The Commission may establish 1 or more 
     subcommittees to provide staff support and otherwise assist 
     in carrying out the responsibilities of the Commission.
       (2) Political affiliation of subcommittee members.--Members 
     of a subcommittee shall

[[Page S10741]]

     be appointed so that not more than \1/2\ of the members of 
     the subcommittee are members of any 1 political party.
       (d) Establishment of Multidisciplinary Science, Economic, 
     and Technical Advisory Panel.--
       (1) In general.--To assist the Commission in carrying out 
     the duties of the Commission under this Act, the Commission 
     may establish a multidisciplinary science, economic, and 
     technical advisory panel (referred to in this Act as the 
     ``Advisory Panel'').
       (2) Composition of advisory panel.--The Advisory Panel 
     shall be composed of individuals appointed by the Commission, 
     each of whom shall have expertise in--
       (A) biological science;
       (B) marine science;
       (C) atmospheric science;
       (D) environmental toxicology;
       (E) epidemiology;
       (F) biogeochemistry;
       (G) energy and water security;
       (H) renewable energy;
       (I) social science; or
       (J) economics.
       (3) Appointment.--The members of the Advisory Panel shall 
     be appointed by a majority vote of all members of the 
     Commission.
       (4) Use of best available data.--The Advisory Panel shall 
     ensure that the scientific information considered by the 
     Commission is based on the best available data.
       (e) Contracts.--The Commission may make or enter into 
     contracts, leases, or other legal agreements to carry out 
     this Act.
       (f) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (g) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 6. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--
       (1) Non-federal employees.--A member of the Commission who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       (2) Federal employees.--A member of the Commission who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       (b) Travel Expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (c) Staff.--
       (1) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate an Executive Director and 
     such other additional personnel as are necessary to enable 
     the Commission to perform the duties of the Commission.
       (2) Confirmation of executive director.--The employment of 
     an Executive Director shall be subject to confirmation by the 
     Commission.
       (d) Experts and Consultants.--
       (1) In general.--The Commission may obtain the services of 
     experts and consultants in the private and nonprofit sectors 
     in accordance with section 3109 of title 5, United States 
     Code.
       (2) Compensation of experts and consultants.--A consultant 
     or expert described in paragraph (1) shall be compensated at 
     a rate equal to the daily equivalent of the annual rate of 
     basic pay prescribed for level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, for each 
     day (including travel time) during which the member is 
     engaged in the performance of the duties of the Commission.
       (e) Detail of Government Employees.--
       (1) Federal employees.--
       (A) In general.--At the request of the Commission, the head 
     of any Federal agency may detail, on a reimbursable or 
     nonreimbursable basis, any of the personnel of the agency to 
     the Commission to assist the Commission in carrying out the 
     duties of the Commission under this Act.
       (B) Civil service status.--The detail of an employee under 
     subparagraph (A) shall be without interruption or loss of 
     civil service status or privilege.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to carry out this 
     Act $8,500,000 for the period of fiscal years 2007 through 
     2010, to remain available until expended.

     SEC. 8. TERMINATION OF COMMISSION.

       (a) Date of Termination.--The Commission shall terminate 30 
     days after the date on which the Commission submits the 
     report of the Commission under section 4(c).
       (b) Administrative Activities Before Termination.--The 
     Commission may use the 30-day period referred to in 
     subsection (a) to--
       (1) conclude the activities of the Commission; and
       (2) provide testimony before any committee of Congress 
     concerning the report of the Commission.
       (c) Post-Commission Activities.--The members and staff of 
     the Commission, the Members of Congress, and employees of 
     Federal agencies are encouraged to--
       (1) continue the multi-stakeholder dialogue started by the 
     Commission in new forums and capacities; and
       (2) examine any institutional needs, including--
       (A) the formation of a new office;
       (B) improvements in organization;
       (C) a network; or
       (D) a caucus.

     SEC. 9. RESPONSE OF THE PRESIDENT.

       (a) In General.--Not later than 90 days after the date of 
     receipt of the report of the Commission under section 4(c), 
     the President shall submit to Congress and appropriate 
     Federal agencies a report containing a statement of proposals 
     to carry out or respond to the recommendations of the 
     Commission.
       (b) Availability of Report.--The report described in 
     subsection (a) shall be published or otherwise made 
     available, including (to the maximum extent practicable) in 
     electronically accessible formats and means, such as the 
     World Wide Web.
                                 ______