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104TH CONGRESS

2D SESSION S. 1681

To establish a commission to improve the policies and programs of the

Federal Government for combatting the proliferation of weapons of mass

destruction, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 17, 1996

Mr. SPECTER (for himself and Mrs. Feinstein) introduced the following bill;

which was read twice and referred to the Select Committee on Intelligence

A BILL

To establish a commission to improve the policies and programs of the Federal Government for combatting the

proliferation of weapons of mass destruction, and for

other purposes.

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 ‘‘Combatting Prolifera5 tion of Weapons of Mass Destruction Act of 1996’’.
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1 TITLE I—ASSESSMENT OF PRO2 GRAMS AND POLICIES FOR

3 COMBATTING PROLIFERA4 TION

5 SEC. 101. ESTABLISHMENT OF COMMISSION.

6 (a) ESTABLISHMENT.—There is established a com7 mission to be known as the Commission on Programs and

8 Policies for Combatting the Proliferation of Weapons of

9 Mass Destruction (hereafter in this Act referred to as the

10 ‘‘Commission’’).

11 (b) MEMBERSHIP.—The Commission shall be com12 posed of 12 members of whom—

13 (1) 6 shall be appointed by the President;

14 (2) 3 shall be appointed by the Majority Leader

15 of the Senate, in consultation with the Minority

16 Leader of the Senate; and

17 (3) 3 shall be appointed by the Speaker of the

18 House of Representatives, in consultation with the

19 Minority Leader of the House of Representatives.

20 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem21 bers shall be appointed for the life of the Commission. Any

22 vacancy in the Commission shall not affect its powers, but

23 shall be filled in the same manner as the original appoint24 ment.
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1 (d) INITIAL MEETING.—No later than 30 days after

2 the date on which all members of the Commission have

3 been appointed, the Commission shall hold its first meet4 ing.

5 (e) QUORUM.—A majority of the members of the

6 Commission shall constitute a quorum, but a lesser num7 ber of members may hold hearings.

8 (f) CHAIRMAN AND VICE CHAIRMAN.—The Commis9 sion shall select a Chairman and Vice Chairman from

10 among its members.

11 (g) MEETINGS.—The Commission shall meet at the

12 call of the Chairman.

13 SEC. 102. DUTIES OF COMMISSION.

14 (a) STUDY.—

15 (1) IN GENERAL.—The Commission shall carry

16 out a thorough study of the organization, policies,

17 and programs of the U.S. Government related to

18 combatting the proliferation of weapons of mass de19 struction.

20 (2) SPECIFIC REQUIREMENTS.—In carrying out

21 the study, the Commission shall—

22 (A) assess the effectiveness of the policies

23 and programs of all departments and agencies

24 of the Federal Government including the intel25 ligence community in meeting the national secu-
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1 rity interests of the United States with respect

2 to the proliferation of such weapons; and

3 (B) assess the current structure and orga4 nization of all Federal agencies of the intel5 ligence community and the intelligence-gather6 ing services of foreign governments in address7 ing issues relating to the proliferation of such

8 weapons.

9 (b) RECOMMENDATIONS.—In conducting the study,

10 the Commission shall develop recommendations on means

11 of improving the effectiveness of the organization, policies,

12 programs of the intelligence community, and the programs

13 and policies of the other departments and agencies of the

14 Federal Government, in meeting the national security in15 terests of the United States with respect to the prolifera16 tion of weapons of mass destruction.

17 (c) REPORT.—Not later than 18 months after the

18 date of the enactment of this Act, the Commission shall

19 submit to Congress a report containing a detailed state20 ment of the findings and conclusions of the Commission,

21 together with its recommendations for such legislation and

22 administrative actions as it considers appropriate.

23 SEC. 103. POWERS OF COMMISSION.

24 (a) HEARINGS.—The Commission may hold such

25 hearings, sit and act at such times and places, take such
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1 testimony, and receive such evidence as the Commission

2 considers advisable to carry out the purposes of this title.

3 (b) INFORMATION FROM FEDERAL AGENCIES.—The

4 Commission may secure directly from any Federal depart5 ment or agency such information as the Commission con6 siders necessary to carry out the provisions of this title.

7 Upon request of the Chairman of the Commission, the

8 head of such department or agency shall furnish such in9 formation to the Commission.

10 (c) POSTAL SERVICES.—The Commission may use

11 the United States mails in the same manner and under

12 the same conditions as other departments and agencies of

13 the Federal Government.

14 (d) GIFTS.—The Commission may accept, use, and

15 dispose of gifts or donations of services or property.

16 SEC. 104. COMMISSION PERSONNEL MATTERS.

17 (a) COMPENSATION OF MEMBERS.—Each member of

18 the Commission who is not an officer or employee of the

19 Federal Government shall be compensated at a rate equal

20 to the daily equivalent of the annual rate of basic pay pre21 scribed for level IV of the Executive Schedule under sec22 tion 5315 of title 5, United States Code, for each day (in23 cluding traveltime) during which such member is engaged

24 in the performance of the duties of the Commission. All

25 members of the Commission who are officers or employees
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1 of the United States shall serve without compensation in

2 addition to that received for their services as officers or

3 employees of the United States.

4 (b) TRAVEL EXPENSES.—The members of the Com5 mission shall be allowed travel expenses, including per

6 diem in lieu of subsistence, at rates authorized for employ7 ees of agencies under subchapter I of chapter 57 of title

8 5, United States Code, while away from their homes or

9 regular places of business in the performance of services

10 for the Commission.

11 (c) STAFF.—

12 (1) IN GENERAL.—The Chairman of the Com13 mission may, without regard to the civil service laws

14 and regulations, appoint and terminate an executive

15 director and such other additional personnel as may

16 be necessary to enable the Commission to perform

17 its duties. The employment of an executive director

18 shall be subject to confirmation by the Commission.

19 (2) COMPENSATION.—The Chairman of the

20 Commission may fix the compensation of the execu21 tive director and other personnel without regard to

22 the provisions of chapter 51 and subchapter III of

23 chapter 53 of title 5, United States Code, relating

24 to classification of positions and General Schedule

25 pay rates, except that the rate of pay for the execu-
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1 tive director and other personnel may not exceed the

2 rate payable for level V of the Executive Schedule

3 under section 5316 of such title.

4 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any

5 Federal Government employee may be detailed to the

6 Commission without reimbursement, and such detail shall

7 be without interruption or loss of civil service status or

8 privilege.

9 (e) PROCUREMENT OF TEMPORARY AND INTERMIT10 TENT SERVICES.—The Chairman of the Commission may

11 procure temporary and intermittent services under section

12 3109(b) of title 5, United States Code, at rates for individ13 uals which do not exceed the daily equivalent of the annual

14 rate of basic pay prescribed for level V of the Executive

15 Schedule under section 5316 of such title.

16 SEC. 105. TERMINATION OF COMMISSION.

17 The Commission shall terminate 60 days after the

18 date on which the Commission submits its report under

19 section 102(c).

20 SEC. 106. DEFINITION.

21 For purposes of this title, the term ‘‘intelligence com22 munity’’ shall have the meaning given such term in section

23 3(4) of the National Security Act of 1947 (50 U.S.C.

24 401a(4)).
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1 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—There are authorized to be appro3 priated for the Commission for fiscal year 1996 such sums

4 as may be necessary for the Commission to carry out its

5 duties under this title.

6 (b) AVAILABILITY.—Amounts appropriated pursuant

7 to the authorization of appropriations in subsection (a)

8 shall remain available until the termination of the Com9 mission under section 105.

10 TITLE II—OTHER MATTERS

11 SEC. 201. REPORTS ON ACQUISITION OF TECHNOLOGY RE12 LATING TO WEAPONS OF MASS DESTRUCTION

13 AND ADVANCED CONVENTIONAL MUNITIONS.

14 (a) REPORTS.—Not later than 6 months after the

15 date of the enactment of this Act, and every 6 months

16 thereafter, the Director of Central Intelligence shall sub17 mit to Congress a report on—

18 (1) the acquisition by foreign countries during

19 the preceding 6 months of dual-use and other tech20 nology useful for the development or production of

21 weapons of mass destruction (including nuclear

22 weapons, chemical weapons, and biological weapons)

23 and advanced conventional munitions; and

24 (2) trends in the acquisition of such technology

25 by such countries.
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1 (b) FORM OF REPORTS.—The reports submitted

2 under subsection (a) shall be submitted in unclassified

3 form, but may include a classified annex.

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