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 Com-
mittee on Armed Services, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To establish the Commission on Preemptive Foreign Policy 
and Military Planning.
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 Pre-
emptive Foreign Policy and Military Planning Act’’. 
SEC. 2. ESTABLISHMENT. 
There is established a commission to be known as the 
‘‘Commission on Preemptive Foreign Policy and Military 
Planning’’ (in this Act referred to as ‘‘the Commission’’).
SEC. 3. DUTIES OF THE COMMISSION. 
(a) IN GENERAL.—The Commission shall review the 
doctrine of preemption adopted by the President in the 
National Security Strategy of the United States of Amer-
ica of September 2002 and assess the consequences and 
implications of its adoption for foreign policy and military 
planning. 
(b) PARTICULAR ISSUES.—In carrying out its duties 
under subsection (a), the Commission shall analyze the ef-
fect of the adoption of the doctrine of preemption on—
(1) foreign policy in key world theaters, includ-
ing North Korea, Kashmir, Chechnya, the Taiwan 
Straits, Iran, Iraq, and other theaters of importance 
as determined by the Commission; 
(2) relations between the United States and na-
tions located in regions surrounding key theaters 
and relations among nations located in regions sur-
rounding key theaters; 
(3) present commitments to allies relating to 
mutual defense agreements, peacekeeping missions, 
joint military exercises, participation in international 
institutions, and coalition building; 
(4) efforts to conduct the war on terrorism in 
Afghanistan and elsewhere; 
(5) the deployment capabilities, readiness, re-
cruiting and retention rates, morale, and force struc-
ture of the Armed Forces of the United States, in-
cluding the Reserve and National Guard compo-
nents, and the Coast Guard; 
(6) the deployability of forces in the event of a 
future crisis requiring—
(A) the defense of the United States, 
(B) the deterrence of aggression and coer-
cion in critical regions, 
(C) the swift defeat of aggression in over-
lapping major conflicts, including the possibility 
of regime change or occupation, while pre-
serving the option of calling for a decisive vic-
tory in one of those conflicts, and 
(D) the conduct of a limited number of 
smaller-scale contingency operations; 
(7) the capability of the defense manufacturing 
base in the United States to support the needs of 
the military, including—
(A) potential military supply deficiencies 
resulting from the inability of manufacturers of 
military supplies to respond to increased needs, 
and 
(B) the extent to which domestic manufac-
turers may face an increase in demand as a re-
sult of disagreements with foreign governments 
over preemptive action; and 
(8) the accounting and budgeting structure of 
the Department of Defense and its ability to track, 
report, and project operating costs. 
SEC. 4. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of 10 members appointed as follows: 
(1) 3 members shall be appointed by the major-
ity leader of the Senate. 
(2) 3 members shall be appointed by the Speak-
er of the House of Representatives. 
(3) 2 members shall be appointed by the minor-
ity leader of the Senate. 
(4) 2 members shall be appointed by the minor-
ity leader of the House of Representatives. 
(b) QUALIFICATIONS.—The members shall have 
knowledge and expertise in matters to be studied by the 
Commission. 
(c) TERMS.—Members shall be appointed for the life 
of the Commission. 
(d) VACANCIES.—Any vacancy in the Commission 
shall be filled in the same manner as the original appoint-
ment.
(e) CHAIR.—The Chair of the Commission shall be 
designated by the Speaker of the House of Representa-
tives, after consulting with the majority leader of the Sen-
ate and the minority leaders of the House of Representa-
tives and the Senate. 
(f) SECURITY CLEARANCE.—The appropriate execu-
tive departments and agencies shall cooperate with the 
Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances in a 
manner consistent with existing procedures and require-
ments, except that no person shall be provided with access 
to classified information under this section who would not 
otherwise qualify for such security clearance. 
(g) DEADLINE FOR APPOINTMENT.—The appoint-
ments of the members of the Commission shall be made 
no later than 3 months after the date of enactment of this 
Act. 
(h) BASIC PAY.—
(1) RATES
OF
PAY.—Except as provided in 
paragraph (2), members shall each be paid at a rate 
not to exceed the rate of basic pay for level IV of 
the Executive Schedule for each day (including trav-
el time) during which they are engaged in the actual 
performance of duties vested in the Commission.
(2) PROHIBITION OF COMPENSATION OF FED-
ERAL
EMPLOYEES.—Members of the Commission 
who are full-time officers or employees of the United 
States may not receive additional pay, allowances, or 
benefits by reason of their service on the Commis-
sion. 
(i) TRAVEL IN MILITARY VEHICLES.—Members and 
personnel for the Commission may travel on aircraft, vehi-
cles, or other conveyances of the Armed Forces of the 
United States when travel is necessary in the performance 
of a duty of the Commission except when the cost of com-
mercial transportation is less expensive. 
(j) TRAVEL EXPENSES.—Each member shall receive 
travel expenses, including per diem in lieu of subsistence, 
in accordance with applicable provisions under subchapter 
I of chapter 57 of title 5, United States Code. 
(k) RETIRED ANNUITANTS.—A member of the Com-
mission who is an annuitant otherwise covered by section 
8344 or section 8468 of title 5, United States Code, shall 
not be subject to the provisions of that section with respect 
to membership on the Commission by reason of member-
ship on the Commission. 
(l) QUORUM.—A majority of the members of the 
Commission shall constitute a quorum, but a lesser num-
ber may hold hearings.
(m) MEETINGS.—
(1) FIRST
MEETING.—The Commission shall 
hold its first meeting on a date designated by the 
Speaker of the House of Representatives which is 
not later than 30 days after the date on which all 
members have been appointed. 
(2) SUBSEQUENT
MEETINGS.—After the first 
meeting, the Commission shall meet upon the call of 
the Chair. 
SEC. 5. STAFF OF COMMISSION. 
(a) DIRECTOR.—The Commission shall have a Direc-
tor who shall be appointed by the Chair. The Director 
shall be paid a rate not to exceed the maximum rate of 
basic pay for GS–15 of the General Schedule. 
(b) ADDITIONAL STAFF.—In addition to the Direc-
tor, the Chair may appoint and fix the pay of up to 3 
staff members, except that any staff member appointed 
under this subsection shall not be paid at a rate to exceed 
the maximum rate of basic pay for GS–15 of the General 
Schedule. 
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE 
LAWS.—The Director and staff of the Commission may 
be appointed without regard to the provisions of title 5, 
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the
(d) MAILS.—The Commission may use the United 
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United 
States. 
(e) 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 responsibilities 
under this Act. 
SEC. 7. REPORT. 
(a) IN GENERAL.—The Commission shall transmit a 
final report to the President and Congress not later than 
6 months after the date on which the Commission first 
meets. 
(b) CONTENTS.—The final report shall contain a de-
tailed statement of the findings, conclusions, and rec-
ommendations of the Commission and shall include any 
estimated budgetary costs or savings the Commission ex-
pects will result from sustaining a foreign policy of pre-
emption. 
SEC. 8. TERMINATION. 
The Commission shall terminate 30 days after the 
date on which the Commission submits its final report to 
the President and Congress under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act.
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