Pub. L. 101-511, tit. VIII, sec. 8104

Sec. 8104. SECTION 1. This section establishes the National Commission on Defense and National Security. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Recent revolutionary world events require a fundamental reassessment of the defense and national security policies of the United States. (2) Emerging democracies around the world will require political, technical, and economic assistance, as well as military assistance, from the developed free nations in order to thrive and to become productive members of the world community. (3) Real and potential military threats to the United States and its allies will continue to exist for the foreseeable future from not just the Soviet Union but also from terrorism and from Third World nations. (4) Proliferation of both sophisticated conventional weapons and of nuclear weapons could produce a world more dangerous than we have faced in the past. 104 STAT. 1899 (5) Ethnic rivalries as well as economic inequalities may produce instabilities that could spark serious conflict. (6) In order to formulate coherent national policies to meet these challenges of a new world environment, it is essential for the United States to achieve a bipartisan consensus such as that which emerged following World War II. (7) Such a consensus can be fostered by the development of policy recommendations from a highly respected group of individuals who do not bear a partisan label and who possess critical expertise and experience. SEC. 3. ESTABLISHMENT. There is established a commission to be known as National Commission on Defense and National Security (hereinafter in this Act referred to as the “Commission”). SEC. 4. DUTIES OF COMMISSION. (a) In General.— The Commission shall analyze and make recommendations to the President and Congress concerning the national security and national defense policies of the United States. (b) Matters To Be Analyzed.— Matters to be analyzed by the Commission shall include the following: (1) The world-wide interests, goals, and objectives of the United States that are vital to the national security of the United States. (2) The political, economic, and military developments around the world and the implications of those developments for United States national security interests, including— (A) the developments in Eastern Europe and the Soviet Union; (B) the question of German unification; (C) the future of NATO and European economic integration; (D) the future of the Pacific Basin; and (E) potential instability resulting from regional conflicts or economic problems in the developing world. (3) The foreign policy, world-wide commitments, and national defense capabilities of the United States necessary to deter aggression and implement the national security strategy of the United States, including the contribution that can be made by bilateral and multilateral political and economic associations in promoting interests that the United States shares with other members of the world community. (4) The proposed short-term uses of the political, economic, military, and other elements of national power for the United States to protect or promote the interests and to achieve the goals and objectives referred to in paragraph (1). (5) Long-term options that should be considered further for a number of potential courses of world events over the remainder of the century and into the next century. SEC. 5. MEMBERSHIP. (a) Number and Appointment.— The Commission shall be composed of 10 members, as follows: (1) Three appointed by the President. (2) Three appointed by the Speaker of the House of Representatives. 104 STAT. 1900 (3) One appointed by the minority leader of the House of Representatives. (4) Two appointed by the majority leader of the Senate. (5) One appointed by the minority leader of the Senate. (b) Qualifications.— Persons appointed to the Commission shall be persons who are not officers or employees of the Federal Government (including Members of Congress) and who are specially qualified to serve on the Commission by virtue of their education, training, or experience. (c) Terms.— Members shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Basic Pay.— Members of the Commission shall serve without pay. (e) Quorum.— A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (f) Chairman and Vice Chairman.— The Chairman of the Commission shall be designated by the President from among the members appointed by the President. The Vice Chairman of the Commission shall be designated by the Speaker of the House of Representatives from among the members appointed by the Speaker. (g) Meetings.— The Commission shall meet at the call of the Chairman or a majority of its members. (h) Deadline for Appointments.— Members of the Commission shall be appointed not later than the end of the 30-day period beginning on the date of the enactment of this Act. SEC. 6. REPORTS. (a) Initial Report.— The Commission shall transmit to the President and to Congress an initial report not later than six months after the date on which the Commission is first constituted with a quorum. (b) Subsequent Annual Reports.— The Commission shall transmit to the President and to Congress an annual report for each of the first five years following the submission of the initial report under subsection (a). Each such report shall update the previous report under this section. (c) Contents of Reports.— Each report under this section shall contain a detailed statement of the findings and conclusions of the Commission concerning the matters to be studied by the Commission under section 4, together with its recommendations for such legislation and administrative actions as it considers appropriate. Each such report shall include a comprehensive description and discussion of the matters set forth in section 4. (d) Reports To Be Unclassified.— Each such report shall be submitted in unclassified form. (e) Additional and Minority Views.— Each report may include such additional and minority views as individual members of the Commission may request be included. SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.— The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by the Chairman and who shall be paid at a rate not to104 STAT. 1901 exceed the maximum rate of basic pay payable for GS-18 of the General Schedule. (b) Staff.— The Chairman may appoint and fix the pay of such additional personnel as the Chairman considers appropriate. (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 competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. (d) Experts and Consultants.— Subject to such rules as may be prescribed by the Commission, the Chairman may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-18 of the General Schedule. (e) Staff of Federal Agencies.— Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. SEC. 8. POWERS OF COMMISSION. (a) Hearings and Sessions.— The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) Powers of Members and Agents.— Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized 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 Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Gifts.— The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Mails.— The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.— The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 9. INITIAL FUNDING OF COMMISSION. If funds are not otherwise available for the necessary expenses of the Commission for fiscal year 1991, the Secretary of Defense shall make available to the Commission, from funds available to the Secretary for the fiscal year concerned, such funds as the Commission requires. When funds are specifically appropriated for the expenses of the Commission, the Commission shall reimburse the Secretary from such funds for any funds provided to it under the preceding sentence.