I 

108TH CONGRESS 

1ST SESSION H. R. 3616

To establish the Commission on Preemptive Foreign Policy and Military 

Planning. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2003

Mr. LARSON of Connecticut introduced the following bill; which was referred 

to the Committee on International Relations, and in addition to the Committee on Armed Services, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To establish the Commission on Preemptive Foreign Policy 

and Military Planning.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission on Pre5 emptive Foreign Policy and Military Planning Act’’. 

6 SEC. 2. ESTABLISHMENT. 

7 There is established a commission to be known as the 

8 ‘‘Commission on Preemptive Foreign Policy and Military 

9 Planning’’ (in this Act referred to as ‘‘the Commission’’). 
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1 SEC. 3. DUTIES OF THE COMMISSION. 

2 (a) IN GENERAL.—The Commission shall review the 

3 doctrine of preemption adopted by the President in the 

4 National Security Strategy of the United States of Amer5 ica of September 2002 and assess the consequences and 

6 implications of its adoption for foreign policy and military 

7 planning. 

8 (b) PARTICULAR ISSUES.—In carrying out its duties 

9 under subsection (a), the Commission shall analyze the ef10 fect of the adoption of the doctrine of preemption on—

11 (1) foreign policy in key world theaters, includ12 ing North Korea, Kashmir, Chechnya, the Taiwan 

13 Straits, Iran, Iraq, and other theaters of importance 

14 as determined by the Commission; 

15 (2) relations between the United States and na16 tions located in regions surrounding key theaters 

17 and relations among nations located in regions sur18 rounding key theaters; 

19 (3) present commitments to allies relating to 

20 mutual defense agreements, peacekeeping missions, 

21 joint military exercises, participation in international 

22 institutions, and coalition building; 

23 (4) efforts to conduct the war on terrorism in 

24 Afghanistan and elsewhere; 

25 (5) the deployment capabilities, readiness, re26 cruiting and retention rates, morale, and force struc-
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1 ture of the Armed Forces of the United States, in2 cluding the Reserve and National Guard compo3 nents, and the Coast Guard; 

4 (6) the deployability of forces in the event of a 

5 future crisis requiring—

6 (A) the defense of the United States, 

7 (B) the deterrence of aggression and coer8 cion in critical regions, 

9 (C) the swift defeat of aggression in over10 lapping major conflicts, including the possibility 

11 of regime change or occupation, while pre12 serving the option of calling for a decisive vic13 tory in one of those conflicts, and 

14 (D) the conduct of a limited number of 

15 smaller-scale contingency operations; 

16 (7) the capability of the defense manufacturing 

17 base in the United States to support the needs of 

18 the military, including—

19 (A) potential military supply deficiencies 

20 resulting from the inability of manufacturers of 

21 military supplies to respond to increased needs, 

22 and 

23 (B) the extent to which domestic manufac24 turers may face an increase in demand as a re-
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1 sult of disagreements with foreign governments 

2 over preemptive action; and 

3 (8) the accounting and budgeting structure of 

4 the Department of Defense and its ability to track, 

5 report, and project operating costs. 

6 SEC. 4. MEMBERSHIP. 

7 (a) NUMBER AND APPOINTMENT.—The Commission 

8 shall be composed of 10 members appointed as follows: 

9 (1) 3 members shall be appointed by the major10 ity leader of the Senate. 

11 (2) 3 members shall be appointed by the Speak12 er of the House of Representatives. 

13 (3) 2 members shall be appointed by the minor14 ity leader of the Senate. 

15 (4) 2 members shall be appointed by the minor16 ity leader of the House of Representatives. 

17 (b) QUALIFICATIONS.—The members shall have 

18 knowledge and expertise in matters to be studied by the 

19 Commission. 

20 (c) TERMS.—Members shall be appointed for the life 

21 of the Commission. 

22 (d) VACANCIES.—Any vacancy in the Commission 

23 shall be filled in the same manner as the original appoint24 ment. 
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1 (e) CHAIR.—The Chair of the Commission shall be 

2 designated by the Speaker of the House of Representa3 tives, after consulting with the majority leader of the Sen4 ate and the minority leaders of the House of Representa5 tives and the Senate. 

6 (f) SECURITY CLEARANCE.—The appropriate execu7 tive departments and agencies shall cooperate with the 

8 Commission in expeditiously providing to the Commission 

9 members and staff appropriate security clearances in a 

10 manner consistent with existing procedures and require11 ments, except that no person shall be provided with access 

12 to classified information under this section who would not 

13 otherwise qualify for such security clearance. 

14 (g) DEADLINE FOR APPOINTMENT.—The appoint15 ments of the members of the Commission shall be made 

16 no later than 3 months after the date of enactment of this 

17 Act. 

18 (h) BASIC PAY.—

19 (1) RATES OFPAY.—Except as provided in 

20 paragraph (2), members shall each be paid at a rate 

21 not to exceed the rate of basic pay for level IV of 

22 the Executive Schedule for each day (including trav23 el time) during which they are engaged in the actual 

24 performance of duties vested in the Commission. 
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1 (2) PROHIBITION OFCOMPENSATION OFFED2 ERAL EMPLOYEES.—Members of the Commission 

3 who are full-time officers or employees of the United 

4 States may not receive additional pay, allowances, or 

5 benefits by reason of their service on the Commis6 sion. 

7 (i) TRAVEL IN MILITARY VEHICLES.—Members and 

8 personnel for the Commission may travel on aircraft, vehi9 cles, or other conveyances of the Armed Forces of the 

10 United States when travel is necessary in the performance 

11 of a duty of the Commission except when the cost of com12 mercial transportation is less expensive. 

13 (j) TRAVEL EXPENSES.—Each member shall receive 

14 travel expenses, including per diem in lieu of subsistence, 

15 in accordance with applicable provisions under subchapter 

16 I of chapter 57 of title 5, United States Code. 

17 (k) RETIRED ANNUITANTS.—A member of the Com18 mission who is an annuitant otherwise covered by section 

19 8344 or section 8468 of title 5, United States Code, shall 

20 not be subject to the provisions of that section with respect 

21 to membership on the Commission by reason of member22 ship on the Commission. 

23 (l) QUORUM.—A majority of the members of the 

24 Commission shall constitute a quorum, but a lesser num25 ber may hold hearings. 
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1 (m) MEETINGS.—

2 (1) FIRST MEETING.—The Commission shall 

3 hold its first meeting on a date designated by the 

4 Speaker of the House of Representatives which is 

5 not later than 30 days after the date on which all 

6 members have been appointed. 

7 (2) SUBSEQUENT MEETINGS.—After the first 

8 meeting, the Commission shall meet upon the call of 

9 the Chair. 

10 SEC. 5. STAFF OF COMMISSION. 

11 (a) DIRECTOR.—The Commission shall have a Direc12 tor who shall be appointed by the Chair. The Director 

13 shall be paid a rate not to exceed the maximum rate of 

14 basic pay for GS–15 of the General Schedule. 

15 (b) ADDITIONAL STAFF.—In addition to the Direc16 tor, the Chair may appoint and fix the pay of up to 3 

17 staff members, except that any staff member appointed 

18 under this subsection shall not be paid at a rate to exceed 

19 the maximum rate of basic pay for GS–15 of the General 

20 Schedule. 

21 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

22 LAWS.—The Director and staff of the Commission may 

23 be appointed without regard to the provisions of title 5, 

24 United States Code, governing appointments in the com25 petitive service, and may be paid without regard to the 
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1 provisions of chapter 51 and subchapter III of chapter 53 

2 of that title relating to classification and General Schedule 

3 pay rates. 

4 (d) STAFF OF FEDERAL AGENCIES.—Upon the re5 quest of the Chair of the Commission, the head of any 

6 Federal department or agency may detail, without reim7 bursement, any of the personnel of that department or 

8 agency to the Commission to assist in carrying out its du9 ties under this Act. 

10 SEC. 6. POWERS OF COMMISSION. 

11 (a) HEARINGS AND SESSIONS.—The Commission 

12 may, for the purpose of carrying out this Act, hold hear13 ings, sit and act at times and places, take testimony, and 

14 receive evidence as the Commission considers appropriate. 

15 (b) POWERS OF MEMBERS AND AGENTS.—Any mem16 ber or agent of the Commission may, if authorized by the 

17 Commission, take any action which the Commission is au18 thorized to take by this section. 

19 (c) OBTAINING OFFICIAL DATA.—The Commission 

20 may secure directly from any agency of the United States 

21 information necessary to enable it to carry out this Act. 

22 Upon the request of the Chair of the Commission, the 

23 head of that department or agency shall furnish that infor24 mation to the Commission. 
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1 (d) MAILS.—The Commission may use the United 

2 States mails in the same manner and under the same con3 ditions as other departments and agencies of the United 

4 States. 

5 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon 

6 the request of the Commission, the Administrator of Gen7 eral Services shall provide to the Commission, on a reim8 bursable basis, the administrative support services nec9 essary for the Commission to carry out its responsibilities 

10 under this Act. 

11 SEC. 7. REPORT. 

12 (a) IN GENERAL.—The Commission shall transmit a 

13 final report to the President and Congress not later than 

14 6 months after the date on which the Commission first 

15 meets. 

16 (b) CONTENTS.—The final report shall contain a de17 tailed statement of the findings, conclusions, and rec18 ommendations of the Commission and shall include any 

19 estimated budgetary costs or savings the Commission ex20 pects will result from sustaining a foreign policy of pre21 emption. 

22 SEC. 8. TERMINATION. 

23 The Commission shall terminate 30 days after the 

24 date on which the Commission submits its final report to 

25 the President and Congress under section 7. 
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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this Act.

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