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.
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 ‘‘National Commission
on the Environment and National Security Act’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) new threats to the global environment, in-
cluding to the earth’s climate system, the ozone
layer, biological diversity, soils, oceans, and fresh-
water resources, have arisen in recent years;
(2) such threats to the global environment may
adversely affect the health, livelihoods, and physical
well-being of Americans, the stability of many soci-
eties, and international peace;
(3) in recent years, the definition of national se-
curity of the United States has been broadened, both
in official White House documents and in legislation,
to include economic security as well as environ-
mental security;
(4) with the end of the Cold War, the dramatic
reduction of the military threat to United States in-
terests, and the new recognition in world politics of
the urgency of reversing global environmental deg-
radation recognized at the Earth Summit in Rio in
June 1992, the global environment has taken on
even greater importance to the United States;
(5) the extent and significance of such threats
to United States security has not been fully evalu-
ated by the Congress or the executive branch, and
responses to global environmental threats have not
yet been fully integrated into United States national
security policy; and
(6) the United States Government currently
lacks a focal point for assessing the importance of
such new environmental threat to the national secu-
rity of the United States and their implications for
United States global security policy.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the
National Commission on the Environment and National
Security (hereinafter in this Act referred to as the ‘‘Com-
mission’’).
SEC. 4. DUTIES OF COMMISSION.
(a) STUDY.—The Commission shall study the role in
United States national security of security against global
environmental threats, in light of recent global political
changes and the rise of new environmental threats to the
earth’s natural resources and vital life support systems,
including such threats referred to in section 2.
(b) REPORT.—The Commission shall submit a pre-
liminary and final report pursuant to section 8, each of
which shall contain—
(1) a detailed statement of the findings and
conclusions of the Commission on the matters de-
scribed in subsection (a); and
(2) specific recommendations with respect to—
(A) ways in which the United States might
integrate concerns about global environmental
threats into its national security and foreign
policy;
(B) priority international action to respond
to global environmental threats and likely re-
source commitments required to support them;
and
(C) possible institutional changes in the ex-
ecutive and legislative branches of the United
States Government that may be needed to en-
sure that such new environmental threats re-
ceive adequate priority in the national security
policies and budgetary allocations of the United
States.
SEC. 5. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 14 members, to be appointed not
later than 30 days after the date of the enactment of this
Act, as follows:
(1) 2 members appointed by the President.
(2) 3 members, 1 of whom shall be a Senator,
appointed by the President pro tempore of the Sen-
ate from among the recommendations made by the
majority leader of the Senate.
(3) 3 members, 1 of whom shall be a Senator,
appointed by the President pro tempore of the Sen-
ate from among the recommendations made by the
minority leader of the Senate.
(4) 3 members, 1 of whom shall be a member
of the House of Representatives, appointed by the
Speaker of the House of Representatives.
(5) 3 members, 1 of whom shall be a member
of the House of Representatives, appointed by the
minority leader of the House of Representatives.
(b) ADDITIONAL QUALIFICATIONS.—The Commis-
sion members (not including the members of Congress)
shall be chosen from among individuals who—
(1) are scientists, environmental specialists, ex-
perts on national and international security, or ana-
lysts who have studied the relationship between the
environment and national security, and
(2) are not officers or employees of the United
States.
(c) POLITICAL AFFILIATION.—Not more than one-
half of the members appointed from individuals who are
not Members of Congress may be of the same political
party. With respect to members who are Members of Con-
gress, not more than one-half may be of the same political
party.
(d) CONTINUATION OF MEMBERSHIP.—If a member
was appointed to the Commission as a Member of Con-
gress and the member ceases to be a Member of Congress,
or was appointed to the Commission because the member
was not an officer or employee of any government and
later becomes an officer or employee of a government, that
member may continue as a member for not longer than
the 60-day period beginning on the date that member
ceases to be a Member of Congress, or becomes such an
officer or employee, as the case may be.
(e) TERMS.—
(1) IN GENERAL.—Each member of the Com-
mission shall be appointed for the life of the Com-
mission.
(2) VACANCIES.—A vacancy in the Commission
shall be filled in the manner in which the original
appointment was made.
(f) BASIC PAY.—
(1) RATES
OF
PAY.—Except as provided in
paragraph (2), each member of the Commission
shall be paid at a rate not to exceed the daily equiv-
alent of the annual rate of basic pay payable for
level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
during which such member is engaged in the actual
performance of duties of the Commission.
(2) PROHIBITION OF COMPENSATION OF MEM-
BERS OF CONGRESS.—Members of the Commission
who are Members of Congress may not receive addi-
tional pay, allowances, or benefits by reason of their
service on the Commission.
(g) 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.
(h) QUORUM.—8 members of the Commission shall
constitute a quorum but a lesser number may hold hear-
ings.
(i) CHAIRPERSON.—The Chairperson of the Commis-
sion shall be elected by a majority of the members.
(j) MEETINGS.—The Commission shall meet at the
call of the Chairperson.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS
AND CONSULTANTS.
(a) DIRECTOR.—The Commission shall have a Direc-
tor who shall be appointed by the Chairperson. The Direc-
tor shall be paid at a rate not to exceed the maximum
rate of basic pay payable for level IV of the Executive
personnel of that department or agency to the Commission
to assist it in carrying out its duties under this Act.
SEC. 7. POWERS OF COMMISSION.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and
receive evidence as the Commission considers appropriate.
The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is au-
thorized to take by this section.
(c) OBTAINING OFFICIAL DATA.—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 Chairperson of the Com-
mission, the head of that department or agency shall fur-
nish that information to the Commission.
(d) GIFTS, BEQUESTS, AND DEVISES.—The Commis-
sion may accept, use, and dispose of gifts, bequests, or
devises of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the Com-
mission. Gifts, bequests, or devises of money and proceeds
from sales of other property received as gifts, bequests,
or devises shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission.
(e) 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.
(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a reimburs-
able basis, the administrative support services necessary
for the Commission to carry out its responsibilities under
this Act.
(g) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Com-
mission. The attendance of witnesses and the pro-
duction of evidence may be required from any place
within the United States at any designated place of
hearing within the United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the
matter under investigation. The application may be
made within the judicial district where the hearing
is conducted or where that person is found, resides,
or transacts business. Any failure to obey the order
of the court may be punished by the court as civil
contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Commission shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is made under paragraph
(2) may be served in the judicial district in which
the person required to be served resides or may be
found.
(h) IMMUNITY.—Except as provided in this sub-
section, a person may not be excused from testifying or
from producing evidence pursuant to a subpoena on the
ground that the testimony or evidence required by the sub-
poena may tend to incriminate or subject that person to
criminal prosecution. A person, after having claimed the
privilege against self-incrimination, may not be criminally
prosecuted by reason of any transaction, matter, or thing
which that person is compelled to testify about or produce
evidence relating to, except that the person may be pros-
ecuted for perjury committed during the testimony or
made in the evidence.
(i) CONTRACT AUTHORITY.—The Commission may
contract with and compensate government and private
agencies or persons for the purpose of conducting research
or surveys necessary to enable the Commission to carry
out its duties under this Act, and for other services.
SEC. 8. REPORTS.
(a) PRELIMINARY REPORT.—The Commission shall
submit to the President and the Congress a preliminary
report not later than 18 months after the date on which
all the members of the Commission have been appointed.
(b) FINAL REPORT.—The Commission shall submit
a final report to the President and the Congress not later
than 2 years after the date on which all the members of
the Commission have been appointed.
SEC. 9. TERMINATION.
The Commission shall terminate 60 days after sub-
mitting its final report pursuant to section 8(b).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Amounts shall be made available to carry out this Act
only to the extent such amounts are made available in ad-
vance in appropriations Acts.
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