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104TH CONGRESS

2D SESSION H. R. 4131

To establish a commission to investigate exposure to chemical and biological

warfare agents as a result of the Persian Gulf conflict.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 23, 1996

Mr. BROWDER introduced the following bill; which was referred to the

Committee on National Security

A BILL

To establish a commission to investigate exposure to chemical

and biological warfare agents as a result of the Persian

Gulf conflict.

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 Chemi5 cal and Biological Warfare Agent Exposure Act’’.

6 SEC. 2. ESTABLISHMENT OF COMMISSION.

7 (a) ESTABLISHMENT.—There is established a com8 mission to be known as the ‘‘Commission on Chemical and

9 Biological Warfare Agent Exposure’’ (in this Act referred

10 to as the ‘‘Commission’’).
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1 (b) COMPOSITION.—The Commission shall be com2 posed of 9 members (in this Act referred to as the ‘‘mem3 bers’’) who shall be appointed as follows:

4 (1) 3 members shall be appointed by the Presi5 dent.

6 (2) 2 members shall be appointed by the Speak7 er of the House of Representatives.

8 (3) 1 member shall be appointed by the minor9 ity leader of the House of Representatives.

10 (4) 2 members shall be appointed by the Presi11 dent pro tempore of the Senate.

12 (5) 1 member shall be appointed by the minor13 ity leader of the Senate.

14 (c) QUALIFICATIONS.—

15 (1) IN GENERAL.—Members shall be appointed

16 from among individuals with knowledge and exper17 tise relevant to the duties of the Commission, and

18 may not be officers or employees of the United

19 States.

20 (2) EXCEPTION.—A member who, when ap21 pointed to the Commission, was not an officer or

22 employee of the United States, and who later be23 comes such an officer or employee may continue as

24 a member for not longer than the 30-day period be-
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1 ginning on the date that the member becomes such

2 an officer or employee.

3 (d) INITIAL APPOINTMENTS.—All initial appoint4 ments to the Commission shall be made not later than 90

5 days after the date of the enactment of this Act.

6 (e) CHAIRMAN.—The Chairman of the Commission

7 (in this Act referred to as the ‘‘Chairman’’) shall be elect8 ed by the members.

9 (f) PERIOD OF APPOINTMENT.—Each member shall

10 be appointed for the life of the Commission.

11 (g) SECURITY CLEARANCES.—All members of the

12 Commission shall apply for appropriate security clear13 ances. The Secretary of Defense shall provide expedited

14 processing of security clearances of members.

15 (h) INITIAL MEETING.—The Commission shall con16 vene its first meeting not later than 30 days after the date

17 as of which all initial appointments to the Commission

18 have been made.

19 SEC. 3. INVESTIGATION.

20 The Commission shall investigate the following:

21 (1) The presence of chemical and biological

22 warfare agents in the Persian Gulf theater during

23 the Persian Gulf conflict, the amounts and locations

24 of the agents present, and the proximity of members

25 of the Armed Forces to such locations.
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1 (2) The location and nature of all releases, de2 tections, or reports of chemical or biological warfare

3 agents in connection with the Persian Gulf conflict,

4 the identity of the units of the Armed Forces and

5 the number of individuals potentially exposed to the

6 agents, and the degree of exposure to the agents.

7 (3) The level of preparedness of members of the

8 Armed Forces to recognize and respond to possible

9 exposure to chemical and biological warfare agents

10 during the Persian Gulf conflict, the appropriateness

11 of standards used by the Armed Forces to evaluate

12 low levels of exposure to the agents, the adequacy of

13 medical training and procedures of the Armed

14 Forces for identifying and treating exposure to the

15 agents, the adequacy of information provided to

16 members of the Armed Forces on the possible pres17 ence or release of the agents, and the appropriate18 ness of instructions and procedures followed to pro19 tect members of the Armed Forces from exposure to

20 the agents.

21 (4) The handling by the Department of Defense

22 of reports on the use, presence, destruction, storage,

23 and transportation of chemical and biological weap24 ons in connection with the Persian Gulf conflict.
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1 (5) The adequacy of the recordkeeping and re2 porting procedures of the Department of Defense

3 with respect to exposure to chemical and biological

4 warfare agents.

5 (6) The adequacy of Department of Defense

6 training, preparation, detection, and safety proce7 dures concerning chemical and biological warfare

8 agents.

9 SEC. 4. REPORT.

10 Not later than 2 years after the first meeting of the

11 Commission, the Commission shall submit to the Presi12 dent and the Congress a report containing—

13 (1) the results and findings of the investigation

14 conducted under section 3; and

15 (2) recommendations for such changes as the

16 Commission considers appropriate, in the record17 keeping, reporting, preparation, and training proce18 dures of the Department of Defense with respect to

19 exposure to chemical and biological warfare agents,

20 to improve the safety and readiness of members of

21 the Armed Forces.

22 SEC. 5. POWERS.

23 (a) HEARINGS AND SESSIONS.—The Commission

24 may, for the purpose of carrying out this Act, 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 appropriate. The Commission may administer

3 oaths to witnesses appearing before it.

4 (b) OBTAINING INFORMATION.—The Commission

5 may secure directly from any department or agency of the

6 United States information necessary to enable it to carry

7 out this Act. Upon request of the Chairman, the head of

8 that department or agency shall furnish that information

9 to the Commission in a full and timely manner.

10 (c) SUBPOENA POWER.—

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

12 a subpoena to require the attendance and testimony

13 of witnesses and the production of evidence relating

14 to any matter under investigation by the Commis15 sion.

16 (2) FAILURE TO OBEY AN ORDER OR SUB17 POENA.—If a person refuses to obey an order or

18 subpoena of the Commission that is issued in con19 nection with a Commission proceeding, the Commis20 sion may apply to the United States district court in

21 the judicial district in which the proceeding is held

22 for an order requiring the person to comply with the

23 subpoena or order.
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1 (d) IMMUNITY.—The Commission is an agency of the

2 United States for purposes of part V of title 18, United

3 States Code (relating to immunity of witnesses).

4 (e) CONTRACT AUTHORITY.—The Commission may

5 contract with and compensate government and private

6 agencies or persons for services without regard to section

7 3709 of the Revised Statutes (41 U.S.C. 5).

8 SEC. 6. COMMISSION PROCEDURES.

9 (a) MEETINGS.—The Commission shall meet at the

10 call of the Chairman.

11 (b) QUORUM.—5 members of the Commission shall

12 constitute a quorum but a lesser number may hold hear13 ings.

14 (c) DELEGATION OF AUTHORITY.—Any member or

15 agent of the Commission may, if authorized by the Com16 mission, take any action which the Commission is author17 ized to take by this Act.

18 SEC. 7. PERSONNEL MATTERS.

19 (a) PAY OF MEMBERS.—Members shall not be paid

20 by reason of their service as members.

21 (b) TRAVEL EXPENSES.—Each member shall receive

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

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

24 United States Code.
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1 (c) DIRECTOR.—The Commission shall have a Direc2 tor who shall be appointed by the Chairman.

3 (d) STAFF.—With the approval of the Commission

4 and as the Director considers appropriate, the Director

5 may—

6 (1) appoint trained investigators and other

7 Commission personnel; and

8 (2) fix the pay of such trained investigators and

9 other Commission personnel.

10 (e) APPLICABILITY OF CERTAIN CIVIL SERVICE

11 LAWS.—The Director and staff of the Commission shall

12 be appointed subject to the provisions of title 5, United

13 States Code, governing appointments in the competitive

14 service, and shall be paid in accordance with the provisions

15 of chapter 51 and subchapter III of chapter 53 of that

16 title relating to classification and General Schedule pay

17 rates.

18 SEC. 8. OTHER ADMINISTRATIVE PROVISIONS.

19 (a) POSTAL AND PRINTING SERVICES.—The Com20 mission may use the United States mails and obtain print21 ing and binding services in the same manner and under

22 the same conditions as other departments and agencies of

23 the United States.

24 (b) ADMINISTRATIVE SUPPORT SERVICES.—Upon

25 the request of the Commission, the Administrator of Gen-
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1 eral Services shall provide to the Commission, on a reim2 bursable basis, the administrative support services nec3 essary for the Commission to carry out its duties under

4 this Act.

5 (c) EXPERTS AND CONSULTANTS.—The Commission

6 may procure temporary and intermittent services under

7 section 3109(b) of title 5, United States Code.

8 SEC. 9. BUDGET ACT COMPLIANCE.

9 Any spending authority (as defined in subparagraphs

10 (A) and (C) of section 401(c)(2) of the Congressional

11 Budget Act of 1974) authorized by this Act shall be effec12 tive only to such extent and in such amounts as are pro13 vided in advance in appropriations Acts.

14 SEC. 10. TERMINATION OF COMMISSION.

15 The Commission shall terminate 60 days after sub16 mitting its report pursuant to section 4.

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