STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. HATCH:
S. 1734. A bill to require a transfer of jurisdiction for development
of an Armed Forces recreation facility, Park City, Utah; to the
Committee on Energy and Natural Resources.
Mr. HATCH. Madam President, today I introduce a bill that requires a
transfer of jurisdiction for development of an Armed Forces recreation
facility in Park City, UT. This bill would enable the Secretary of the
Interior to transfer, without reimbursement, a parcel of real property
in Park City to the Secretary of the Air Force. The Air Force will use
this property as the location for an Armed Forces recreation facility.
I can think of no better use for this beautiful land in Utah than to
support the military men and women who are serving our country. The
bill I introduce today is the culmination of several months of careful
coordination between the Department of Interior and the Department of
Defense to make certain that the transfer is accomplished within all
applicable laws, policies, and regulations. Given the tremendous
challenges our nation's service members face at this time, I am proud
to introduce this bill which will contribute much to the morale,
recreation, and welfare of our service members. I hope that we can
secure quick passage of this important legislation.
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By Mr. BIDEN (for himself and Mr. Lugar):
S. 1735. A bill to establish a National Commission on Threats to the
Homeland and United States National Security; to the Committee on Armed
Services.
Mr. BIDEN. Madam President, today I am pleased to join Senator Lugar
in introducing legislation to create the National Commission on Threats
to the Homeland and United States National Security.
Two months ago, in barbaric attacks in New York and Washington that
we will never forget, the world changed before our eyes. In an instant,
the fight against terrorism became our top national security priority.
That new reality requires us to undertake a thorough review of our
national security priorities. That effort is underway across the
executive branch and in several committees of Congress. President Bush
acted decisively to create the Office of Homeland Security and in
naming Governor Ridge to be its head. Congress acted quickly to tighten
aviation security and to give federal law enforcement new tools to
counter terrorism.
These measures are just initial steps in what will surely be a major
reorientation of the ship of state. As we begin to reorient our
government, I believe we must engage in a thorough assessment of the
range of threats that we face and the priorities which we should accord
such threats in our national security strategy.
Terrorism is undoubtedly the major threat to the United States. In
that regard, we must have a full understanding of the types of
terrorist threats we face and of their relative probability. This week,
the continuous reports of anthrax being discovered in various parts of
the country, including here in the Senate, have focused the country on
the threat of bioterrorism.
Unfortunately, this is not the only threat we face. Terrorists proved
their deadly ability to turn airplanes into weapons of mass
destruction. They have used truck and car bombs in the past. And we
know that terrorist organizations are seeking materials necessary for
the production of chemical or nuclear weapons. What we need to know is
the priority we should accord those threats. That is the purpose of
this proposed commission.
There are, to be sure, other threats that remain to our territory and
to our national security interests. Russian weapons of mass destruction
stockpiles and expertise pose the risk of accidental war or of
proliferation to rogue states and terrorist groups. Ballistic missiles
in developing countries can threaten U.S. forces overseas and could
someday threaten our homeland. And international narcotics trafficking
continues to threaten many countries, including ours. Terrorism is not
the only threat. But after September 11 it is clearly the preeminent
threat.
The proposed National Commission on Threats to the Homeland and
United States National Security will not seek to reinvent the wheel.
Rather, it would build on the work of several recent blue-ribbon
commissions which have assessed various threats, both collectively and
individually, to U.S. national security.
In seeking the creation of this new commission, neither Senator Lugar
nor I wish to discredit this earlier work and the ideas that flowed
from it. Instead, we seek to use that work as a foundation in
constructing a comprehensive threat assessment and a resulting U.S.
national security strategy. It is therefore instructive to quickly
review the major findings of some of these earlier commissions and
hearings.
Perhaps the best-known is the U.S. Commission on National Security/
21st
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Century, better known as the Hart-Rudman Commission after its two
cochairs, former Senators Gary Hart and Warren Rudman. In its final
report, issued in 2001, the Hart-Rudman Commission offered a chilling
prediction borne out only months later: ``States, terrorists, and other
disaffected groups will acquire weapons of mass destruction and mass
disruption, and some will use them. Americans will likely die on
American soil, possibly in large numbers.'' The Hart-Rudman Commission
urged making the security of the American homeland the primary national
security mission of the U.S. government and called for the creation of
a National Homeland Security Agency to coordinate these efforts.
Two commissions have focused on the specific threat of international
terrorism and dealing with the consequences of a terrorist attack with
a weapon of mass destruction, WMD.
The National Commission on Terrorism, chaired by Ambassador L. Paul
Bremer, recommended a series of measures to expand the authorities of
U.S. intelligence and law enforcement, steps now under consideration in
the anti-terrorism legislation before Congress. It also urged the
United States to use all the instruments at its disposal, diplomatic,
financial, economic, and military, in targeting states that sponsor
international terrorism.
The Advisory Panel to Assess Domestic Response Capabilities for
Terrorism Involving Weapons of Mass Destruction, better known as the
Gilmore Commission after its chair, Virginia Governor James Gilmore,
focused on the need to develop a national strategy of domestic
preparedness to respond to any act of WMD terrorism. This commission
also called for the creation of a central office within the White House
to coordinate federal efforts, which closely resembles what President
Bush has decided to do in appointing Governor Ridge to a new ``homeland
czar'' position.
The Russia Task Force of the Secretary of Energy's Advisory Board,
better known as ``the Baker-Cutler Task Force'' after its co-chairs,
former Senator Howard Baker and former White House Counsel Lloyd
Cutler, looked at the particular threat posed by unsecured nuclear
weapons and fissile material in the former Soviet Union. This task
force declared the deteriorating situation as ``the most urgent unmet
national security threat facing the United States today'' and called
for spending approximately $30 billion over the next 8 to 10 years to
adequately secure these weapons and related materials.
Finally, with the emergence of several anthrax cases in several
locations in the United States, the threat has become all too real. The
Committee on Foreign Relations held a hearing on this subject the week
before the September 11 attacks. Former Senator Sam Nunn, now heading
the Nuclear Threat Initiative, Dr. D.A. Henderson, the architect of the
international campaign to eradicate smallpox in the 1970s, and other
experts testified on the nature of the threat and what we can do in
response. As they made clear, a mass destruction bioterrorism attack is
a low-probability event with high consequences. The right answer is not
panic, but rather the foresight to implement a set of commonsense
measures to strengthen our public health system, including our
emergency care capabilities and our vaccine stockpiles, to handle a
bioterrorist attack if and when it occurs.
The Commission that we envision would, I repeat, build on the fine
work done by the foregoing panels. It would assess the current threat,
in light of the attacks on September 11, and in light of the
assessments and analyses performed by government agencies and the
panels I have just discussed. The commission would be a small group,
just six distinguished Americans with experience at the highest levels
of national security, law enforcement, and public safety. It is my hope
that the commissioners chosen for this task would include former
cabinet secretaries, and even former Presidents.
The bill we introduce requires two reports, an interim report to be
produced within 180 days of enactment of the legislation and a final
report to be produced by September 11, 2002, one year after the attacks
on our country. The reports should provide a roadmap for our national
security strategy, what the major threats are, the likelihood such
threats will result in attacks on the United States, the potential
damage to the United States or U.S. interests, and the current U.S.
capabilities to counter and respond to such threats. From this
assessment we can build a national security strategy for the coming
decades.
I appreciate the support and assistance of the Senator from Indiana
in developing this legislation. I urge my colleagues to support it.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection,the bill was ordered to be printed in the
Record, as follows:
S. 1735
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT.
There is established the National Commission on Threats to
the Homeland and United States National Security (in this Act
referred to as the ``Commission'').
SEC. 2. COMPOSITION.
(a) In General.--The Commission shall be composed of six
members, as follows:
(1) Two members appointed by the President, not more than
one of whom shall be appointed from the same political party.
(2) One member appointed by the Majority Leader of the
Senate.
(3) One member appointed by the Minority Leader of the
Senate.
(4) One member appointed by the Speaker of the House of
Representatives.
(5) One member appointed by the Minority Leader of the
House of Representatives.
(b) Qualifications.--Members of the Commission shall be
appointed from among distinguished Americans in private life
who have served at the most senior levels of the Federal
government, including the national security, law enforcement,
and public safety agencies of the United States.
(c) Chairman.--The Commission shall elect a Chairman from
among its members.
(d) Quorum.--A majority of the members shall constitute a
quorum.
(e) Vacancies.--Any vacancy in the Commission shall not
affect its powers but shall be filled in the same manner in
which the original appointment was made.
(f) Meetings.--After it initial meeting, the Commission
shall meet upon the call of the Chairman or a majority of its
members.
(g) Appointments Deadline.--It is the sense of Congress
that members of the Commission should be appointed not later
than 30 days after the date of enactment of this Act.
SEC. 3. PURPOSE.
(a) In General.--The Commission shall evaluate, in light of
the terrorist attacks against the United States on September
11, 2001, the threats to the United States and to United
States national security, in order to assist the Federal
Government set priorities in the national budget, and in the
organization of the relevant government departments, to
address those threats.
(b) Particular Subjects for Review.--In particular, the
Commission shall--
(1) provide a comprehensive assessment of the range of
threats to the United States and to United States national
security, taking into account analyses by United States
agencies and nongovernmental entities that have recently
reviewed relevant issues, such as the United States
Commission on National Security/21st Century, the National
Commission on Terrorism, the Department of Energy Russia Task
Force, and the Advisory Panel to Assess Domestic Response
Capabilities for Terrorism Involving Weapons of Mass
Destruction; and
(2) make recommendations to the President and Congress on
the priority that should be accorded to those threats in the
United States national security strategy, taking into
account--
(A) the likelihood such threats will result in attacks on
the United States or important United States interests;
(B) the potential damage to the United States or important
United States interests that would result from such attacks;
and
(C) current United States capabilities to counter and
respond to such threats.
SEC. 4. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission or, at its direction, any
panel or member of the Commission, may, for the purpose of
carrying out the provisions of this Act, hold hearings, sit
and act at times and places, take testimony, receive
evidence, and administer oaths to the extent that the
Commission or any panel or member considers advisable.
(b) Information From Federal Agencies.--The Commission may
secure directly or from any Federal department or agency any
information that the Commission considers necessary to enable
the Commission to carry out its responsibilities under this
section. Upon request of the Chairman of the Commission, the
head of any such department or agency shall furnish such
information expeditiously to the Commission.
(c) Postal, Printing and Binding Services.--The Commission
may use the United States mails and obtain printing and
binding services in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
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SEC. 5. STAFF OF THE COMMISSION.
(a) In General.--The Chairman of the Commission may,
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
appoint a staff director and such additional personnel as may
be necessary to enable the Commission to perform its duties.
The staff director of the Commission shall be appointed from
private life, and such appointment shall be subject to the
approval of the Commission as a whole.
(b) Compensation.--The Chairman of the Commission may fix
the pay of the staff director and other personnel without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay fixed under this paragraph for
the staff director may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title
and the rate of pay for other personnel may not exceed the
maximum rate payable for grade GS-15 of the General Schedule.
(c) Detail of Government Employees.--Upon request of the
Chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
any personnel of that department or agency to the Commission
to assist it in carrying out its administrative and clerical
functions.
(d) Procurement of Temporary and Intermittent Services.--
The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not
exceed the daily equivalent of the annual rate of basic pay
payable for level V of the Executive Schedule under section
5316 of such title.
(e) Administrative and Support Services.--The Administrator
of General Services shall furnish the Commission, on a non-
reimbursable basis, any administrative and support services
requested by the Commission consistent with this Act.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation of Members.--Each member of the Commission
may be compensated at not to exceed the daily equivalent of
the annual rate of basic pay payable for level V of the
Executive Schedule under section 5316 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the actual performance of the
duties of the Commission.
(b) Travel Expenses.--Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
SEC. 7. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.<plus-minus>
The appropriate departments, agencies, and other entities
of the United States Government 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 requirements, except
that no person shall be provided with access to classified
information under this section who would not otherwise
qualify for such security clearance.
SEC. 8. REPORTS.
(a) Interim Report.--Not later than 180 days after the date
of enactment of this Act, the Commission shall submit an
interim report to the President and the Congress describing
its activities since the date of enactment of this Act.
(b) Final Report.--Not later than September 11, 2002, the
Commission shall submit a final report to the President and
the Congress describing its activities since the date of
enactment of this Act, together with a summary of the
comprehensive assessment and recommendations made by the
Commission under section 3(b).
SEC. 9. FUNDING.
Notwithstanding the provisions of the Act of September 18,
2001 (Public Law 107-38), amounts appropriated by that Act
shall be available to carry out the provisions of this Act.
SEC. 10. TERMINATION OF THE COMMISSION.
(a) In General.--The Commission shall terminate 60 days
after the date of the submission of the final report required
by section 8(b).
(b) Wind Up Activities.--The Commission may use the 60-day
period referred to in subsection (a) for the purpose of
concluding its activities, including providing testimony to
congressional committees concerning its final report and
disseminating that report.
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