I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Commission on Chemi-
cal and Biological Warfare Agent Exposure Act’’.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Commission on Chemical and
Biological Warfare Agent Exposure’’ (in this Act referred
to as the ‘‘Commission’’).
(b) COMPOSITION.—The Commission shall be com-
posed of 9 members (in this Act referred to as the ‘‘mem-
bers’’) who shall be appointed as follows:
(1) 3 members shall be appointed by the Presi-
dent.
(2) 2 members shall be appointed by the Speak-
er of the House of Representatives.
(3) 1 member shall be appointed by the minor-
ity leader of the House of Representatives.
(4) 2 members shall be appointed by the Presi-
dent pro tempore of the Senate.
(5) 1 member shall be appointed by the minor-
ity leader of the Senate.
(c) QUALIFICATIONS.—
(1) IN GENERAL.—Members shall be appointed
from among individuals with knowledge and exper-
tise relevant to the duties of the Commission, and
may not be officers or employees of the United
States.
(2) EXCEPTION.—A member who, when ap-
pointed to the Commission, was not an officer or
employee of the United States, and who later be-
comes such an officer or employee may continue as
a member for not longer than the 30-day period be-
ginning on the date that the member becomes such
an officer or employee.
(d) INITIAL APPOINTMENTS.—All initial appoint-
ments to the Commission shall be made not later than 90
days after the date of the enactment of this Act.
(e) CHAIRMAN.—The Chairman of the Commission
(in this Act referred to as the ‘‘Chairman’’) shall be elect-
ed by the members.
(f) PERIOD OF APPOINTMENT.—Each member shall
be appointed for the life of the Commission.
(g) SECURITY CLEARANCES.—All members of the
Commission shall apply for appropriate security clear-
ances. The Secretary of Defense shall provide expedited
processing of security clearances of members.
(h) INITIAL MEETING.—The Commission shall con-
vene its first meeting not later than 30 days after the date
as of which all initial appointments to the Commission
have been made.
SEC. 3. INVESTIGATION.
The Commission shall investigate the following:
(1) The presence of chemical and biological
warfare agents in the Persian Gulf theater during
the Persian Gulf conflict, the amounts and locations
of the agents present, and the proximity of members
of the Armed Forces to such locations.
(2) The location and nature of all releases, de-
tections, or reports of chemical or biological warfare
agents in connection with the Persian Gulf conflict,
the identity of the units of the Armed Forces and
the number of individuals potentially exposed to the
agents, and the degree of exposure to the agents.
(3) The level of preparedness of members of the
Armed Forces to recognize and respond to possible
exposure to chemical and biological warfare agents
during the Persian Gulf conflict, the appropriateness
of standards used by the Armed Forces to evaluate
low levels of exposure to the agents, the adequacy of
medical training and procedures of the Armed
Forces for identifying and treating exposure to the
agents, the adequacy of information provided to
members of the Armed Forces on the possible pres-
ence or release of the agents, and the appropriate-
ness of instructions and procedures followed to pro-
tect members of the Armed Forces from exposure to
the agents.
(4) The handling by the Department of Defense
of reports on the use, presence, destruction, storage,
and transportation of chemical and biological weap-
ons in connection with the Persian Gulf conflict.
testimony, and receive such evidence as the Commission
considers appropriate. The Commission may administer
oaths to witnesses appearing before it.
(b) OBTAINING
INFORMATION.—The Commission
may secure directly from any department or agency of the
United States information necessary to enable it to carry
out this Act. Upon request of the Chairman, the head of
that department or agency shall furnish that information
to the Commission in a full and timely manner.
(c) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue
a subpoena to require the attendance and testimony
of witnesses and the production of evidence relating
to any matter under investigation by the Commis-
sion.
(2) FAILURE
TO
OBEY
AN
ORDER
OR
SUB-
POENA.—If a person refuses to obey an order or
subpoena of the Commission that is issued in con-
nection with a Commission proceeding, the Commis-
sion may apply to the United States district court in
the judicial district in which the proceeding is held
for an order requiring the person to comply with the
subpoena or order.
(d) IMMUNITY.—The Commission is an agency of the
United States for purposes of part V of title 18, United
States Code (relating to immunity of witnesses).
(e) CONTRACT AUTHORITY.—The Commission may
contract with and compensate government and private
agencies or persons for services without regard to section
3709 of the Revised Statutes (41 U.S.C. 5).
SEC. 6. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet at the
call of the Chairman.
(b) QUORUM.—5 members of the Commission shall
constitute a quorum but a lesser number may hold hear-
ings.
(c) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Com-
mission, take any action which the Commission is author-
ized to take by this Act.
SEC. 7. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Members shall not be paid
by reason of their service as members.
(b) TRAVEL EXPENSES.—Each member shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5,
United States Code.
(c) DIRECTOR.—The Commission shall have a Direc-
tor who shall be appointed by the Chairman.
(d) STAFF.—With the approval of the Commission
and as the Director considers appropriate, the Director
may—
(1) appoint trained investigators and other
Commission personnel; and
(2) fix the pay of such trained investigators and
other Commission personnel.
(e) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission shall
be appointed subject to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions
of chapter 51 and subchapter III of chapter 53 of that
title relating to classification and General Schedule pay
rates.
SEC. 8. OTHER ADMINISTRATIVE PROVISIONS.
(a) POSTAL AND PRINTING SERVICES.—The Com-
mission may use the United States mails and obtain print-
ing and binding services in the same manner and under
the same conditions as other departments and agencies of
the United States.
(b) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its duties under
this Act.
(c) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
SEC. 9. BUDGET ACT COMPLIANCE.
Any spending authority (as defined in subparagraphs
(A) and (C) of section 401(c)(2) of the Congressional
Budget Act of 1974) authorized by this Act shall be effec-
tive only to such extent and in such amounts as are pro-
vided in advance in appropriations Acts.
SEC. 10. TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after sub-
mitting its report pursuant to section 4.
Æ