I

103D CONGRESS

1ST SESSION H. R. 575

To establish the National Commission on the Environment and National

Security.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1993

Mr. GILMAN introduced the following bill; which was referred jointly to the

Committees on Foreign Affairs, Armed Services, and Merchant Marine

and Fisheries

A BILL

To establish the National Commission on the Environment

and National Security.

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 ‘‘National Commission

5 on the Environment and National Security Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) new threats to the global environment, in9 cluding to the earth’s climate system, the ozone
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1 layer, biological diversity, soils, oceans, and fresh2 water resources, have arisen in recent years;

3 (2) such threats to the global environment may

4 adversely affect the health, livelihoods, and physical

5 well-being of Americans, the stability of many soci6 eties, and international peace;

7 (3) in recent years, the definition of national se8 curity of the United States has been broadened, both

9 in official White House documents and in legislation,

10 to include economic security as well as environ11 mental security;

12 (4) with the end of the Cold War, the dramatic

13 reduction of the military threat to United States in14 terests, and the new recognition in world politics of

15 the urgency of reversing global environmental deg16 radation recognized at the Earth Summit in Rio in

17 June 1992, the global environment has taken on

18 even greater importance to the United States;

19 (5) the extent and significance of such threats

20 to United States security has not been fully evalu21 ated by the Congress or the executive branch, and

22 responses to global environmental threats have not

23 yet been fully integrated into United States national

24 security policy; and
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1 (6) the United States Government currently

2 lacks a focal point for assessing the importance of

3 such new environmental threat to the national secu4 rity of the United States and their implications for

5 United States global security policy.

6 SEC. 3. ESTABLISHMENT.

7 There is established a commission to be known as the

8 National Commission on the Environment and National

9 Security (hereinafter in this Act referred to as the ‘‘Com10 mission’’).

11 SEC. 4. DUTIES OF COMMISSION.

12 (a) STUDY.—The Commission shall study the role in

13 United States national security of security against global

14 environmental threats, in light of recent global political

15 changes and the rise of new environmental threats to the

16 earth’s natural resources and vital life support systems,

17 including such threats referred to in section 2.

18 (b) REPORT.—The Commission shall submit a pre19 liminary and final report pursuant to section 8, each of

20 which shall contain—

21 (1) a detailed statement of the findings and

22 conclusions of the Commission on the matters de23 scribed in subsection (a); and

24 (2) specific recommendations with respect to—
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1 (A) ways in which the United States might

2 integrate concerns about global environmental

3 threats into its national security and foreign

4 policy;

5 (B) priority international action to respond

6 to global environmental threats and likely re7 source commitments required to support them;

8 and

9 (C) possible institutional changes in the ex10 ecutive and legislative branches of the United

11 States Government that may be needed to en12 sure that such new environmental threats re13 ceive adequate priority in the national security

14 policies and budgetary allocations of the United

15 States.

16 SEC. 5. MEMBERSHIP.

17 (a) NUMBER AND APPOINTMENT.—The Commission

18 shall be composed of 14 members, to be appointed not

19 later than 30 days after the date of the enactment of this

20 Act, as follows:

21 (1) 2 members appointed by the President.

22 (2) 3 members, 1 of whom shall be a Senator,

23 appointed by the President pro tempore of the Sen24 ate from among the recommendations made by the

25 majority leader of the Senate.
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1 (3) 3 members, 1 of whom shall be a Senator,

2 appointed by the President pro tempore of the Sen3 ate from among the recommendations made by the

4 minority leader of the Senate.

5 (4) 3 members, 1 of whom shall be a member

6 of the House of Representatives, appointed by the

7 Speaker of the House of Representatives.

8 (5) 3 members, 1 of whom shall be a member

9 of the House of Representatives, appointed by the

10 minority leader of the House of Representatives.

11 (b) ADDITIONAL QUALIFICATIONS.—The Commis12 sion members (not including the members of Congress)

13 shall be chosen from among individuals who—

14 (1) are scientists, environmental specialists, ex15 perts on national and international security, or ana16 lysts who have studied the relationship between the

17 environment and national security, and

18 (2) are not officers or employees of the United

19 States.

20 (c) POLITICAL AFFILIATION.—Not more than one21 half of the members appointed from individuals who are

22 not Members of Congress may be of the same political

23 party. With respect to members who are Members of Con24 gress, not more than one-half may be of the same political

25 party.
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1 (d) CONTINUATION OF MEMBERSHIP.—If a member

2 was appointed to the Commission as a Member of Con3 gress and the member ceases to be a Member of Congress,

4 or was appointed to the Commission because the member

5 was not an officer or employee of any government and

6 later becomes an officer or employee of a government, that

7 member may continue as a member for not longer than

8 the 60-day period beginning on the date that member

9 ceases to be a Member of Congress, or becomes such an

10 officer or employee, as the case may be.

11 (e) TERMS.—

12 (1) IN GENERAL.—Each member of the Com13 mission shall be appointed for the life of the Com14 mission.

15 (2) VACANCIES.—A vacancy in the Commission

16 shall be filled in the manner in which the original

17 appointment was made.

18 (f) BASIC PAY.—

19 (1) RATES OF PAY.—Except as provided in

20 paragraph (2), each member of the Commission

21 shall be paid at a rate not to exceed the daily equiv22 alent of the annual rate of basic pay payable for

23 level IV of the Executive Schedule under section

24 5315 of title 5, United States Code, for each day
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1 during which such member is engaged in the actual

2 performance of duties of the Commission.

3 (2) PROHIBITION OF COMPENSATION OF MEM4 BERS OF CONGRESS.—Members of the Commission

5 who are Members of Congress may not receive addi6 tional pay, allowances, or benefits by reason of their

7 service on the Commission.

8 (g) TRAVEL EXPENSES.—Each member shall receive

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

10 in accordance with sections 5702 and 5703 of title 5,

11 United States Code.

12 (h) QUORUM.—8 members of the Commission shall

13 constitute a quorum but a lesser number may hold hear14 ings.

15 (i) CHAIRPERSON.—The Chairperson of the Commis16 sion shall be elected by a majority of the members.

17 (j) MEETINGS.—The Commission shall meet at the

18 call of the Chairperson.

19 SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS

20 AND CONSULTANTS.

21 (a) DIRECTOR.—The Commission shall have a Direc22 tor who shall be appointed by the Chairperson. The Direc23 tor shall be paid at a rate not to exceed the maximum

24 rate of basic pay payable for level IV of the Executive
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1 Schedule under section 5315 of title 5, United States

2 Code.

3 (b) STAFF.—Subject to rules prescribed by the Com4 mission, the Chairperson may appoint and fix the pay of

5 additional personnel as the Chairperson considers appro6 priate.

7 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

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

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

10 United States Code, governing appointments in the com11 petitive service, and may be paid without regard to the

12 provisions of chapter 51 and subchapter III of chapter 53

13 of that title relating to classification and General Schedule

14 pay rates, except that an individual so appointed may not

15 receive pay in excess of the annual rate of basic pay pay16 able for level IV of the Executive Schedule under section

17 5315 of the title 5, United States Code.

18 (d) EXPERTS AND CONSULTANTS.—The Commission

19 may procure temporary and intermittent services under

20 section 3109(b) of title 5, United States Code, at rates

21 for individuals not to exceed the maximum annual rate

22 of basic pay payable for GS–18 of the General Schedule.

23 (e) STAFF OF FEDERAL AGENCIES.—Upon request

24 of the Commission, the head of any Federal department

25 or agency may detail, on a reimbursable basis, any of the
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1 personnel of that department or agency to the Commission

2 to assist it in carrying out its duties under this Act.

3 SEC. 7. POWERS OF COMMISSION.

4 (a) HEARINGS AND SESSIONS.—The Commission

5 may, for the purpose of carrying out this Act, hold hear6 ings, sit and act at times and places, take testimony, and

7 receive evidence as the Commission considers appropriate.

8 The Commission may administer oaths or affirmations to

9 witnesses appearing before it.

10 (b) POWERS OF MEMBERS AND AGENTS.—Any mem11 ber or agent of the Commission may, if authorized by the

12 Commission, take any action which the Commission is au13 thorized to take by this section.

14 (c) OBTAINING OFFICIAL DATA.—The Commission

15 may secure directly from any department or agency of the

16 United States information necessary to enable it to carry

17 out this Act. Upon request of the Chairperson of the Com18 mission, the head of that department or agency shall fur19 nish that information to the Commission.

20 (d) GIFTS, BEQUESTS, AND DEVISES.—The Commis21 sion may accept, use, and dispose of gifts, bequests, or

22 devises of services or property, both real and personal, for

23 the purpose of aiding or facilitating the work of the Com24 mission. Gifts, bequests, or devises of money and proceeds

25 from sales of other property received as gifts, bequests,
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1 or devises shall be deposited in the Treasury and shall be

2 available for disbursement upon order of the Commission.

3 (e) MAILS.—The Commission may use the United

4 States mails in the same manner and under the same con5 ditions as other departments and agencies of the United

6 States.

7 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

8 request of the Commission, the Administrator of General

9 Services shall provide to the Commission, on a reimburs10 able basis, the administrative support services necessary

11 for the Commission to carry out its responsibilities under

12 this Act.

13 (g) SUBPOENA POWER.—

14 (1) IN GENERAL.—The Commission may issue

15 subpoenas requiring the attendance and testimony of

16 witnesses and the production of any evidence relat17 ing to any matter under investigation by the Com18 mission. The attendance of witnesses and the pro19 duction of evidence may be required from any place

20 within the United States at any designated place of

21 hearing within the United States.

22 (2) FAILURE TO OBEY A SUBPOENA.—If a per23 son refuses to obey a subpoena issued under para24 graph (1), the Commission may apply to a United

25 States district court for an order requiring that per-
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1 son to appear before the Commission to give testi2 mony, produce evidence, or both, relating to the

3 matter under investigation. The application may be

4 made within the judicial district where the hearing

5 is conducted or where that person is found, resides,

6 or transacts business. Any failure to obey the order

7 of the court may be punished by the court as civil

8 contempt.

9 (3) SERVICE OF SUBPOENAS.—The subpoenas

10 of the Commission shall be served in the manner

11 provided for subpoenas issued by a United States

12 district court under the Federal Rules of Civil Pro13 cedure for the United States district courts.

14 (4) SERVICE OF PROCESS.—All process of any

15 court to which application is made under paragraph

16 (2) may be served in the judicial district in which

17 the person required to be served resides or may be

18 found.

19 (h) IMMUNITY.—Except as provided in this sub20 section, a person may not be excused from testifying or

21 from producing evidence pursuant to a subpoena on the

22 ground that the testimony or evidence required by the sub23 poena may tend to incriminate or subject that person to

24 criminal prosecution. A person, after having claimed the

25 privilege against self-incrimination, may not be criminally
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1 prosecuted by reason of any transaction, matter, or thing

2 which that person is compelled to testify about or produce

3 evidence relating to, except that the person may be pros4 ecuted for perjury committed during the testimony or

5 made in the evidence.

6 (i) CONTRACT AUTHORITY.—The Commission may

7 contract with and compensate government and private

8 agencies or persons for the purpose of conducting research

9 or surveys necessary to enable the Commission to carry

10 out its duties under this Act, and for other services.

11 SEC. 8. REPORTS.

12 (a) PRELIMINARY REPORT.—The Commission shall

13 submit to the President and the Congress a preliminary

14 report not later than 18 months after the date on which

15 all the members of the Commission have been appointed.

16 (b) FINAL REPORT.—The Commission shall submit

17 a final report to the President and the Congress not later

18 than 2 years after the date on which all the members of

19 the Commission have been appointed.

20 SEC. 9. TERMINATION.

21 The Commission shall terminate 60 days after sub22 mitting its final report pursuant to section 8(b).
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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

2 Amounts shall be made available to carry out this Act

3 only to the extent such amounts are made available in ad4 vance in appropriations Acts.

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