[Congressional Record Volume 148, Number 100 (Monday, July 22, 2002)]
[House]
[Pages H5087-H5089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 4628

                         Offered By: Mr. Roemer

       Amendment No. 1: At the end of title III (page 21, after 
     line 11), insert the following new section:

     SEC. 311. REPORT ON ESTABLISHMENT OF A CIVILIAN LINGUIST 
                   RESERVE CORPS.

       (a) Report.--The Secretary of Defense, acting through the 
     Director of the National Security Education Program, shall 
     prepare a report on the feasibility of establishing a 
     Civilian Linguist Reserve Corps comprised of individuals with 
     advanced levels of proficiency in foreign languages who are 
     United States citizens who would be available upon a call of 
     the President to perform such service or duties with respect 
     to such foreign languages in the Federal Government as the 
     President may specify. In preparing the report, the Secretary 
     shall consult with such organizations having expertise in 
     training in foreign languages as the Secretary determines 
     appropriate.
       (b) Matters considered.--
       (1) In general.--In conducting the study, the Secretary 
     shall develop a proposal for the structure and operations of 
     the Civilian Linguist Reserve Corps. The proposal shall 
     establish requirements for performance of duties and levels 
     of proficiency in foreign languages of the members of the 
     Civilian Linguist Reserve Corps, including maintenance of 
     language skills and specific training required for 
     performance of duties as a linguist of the Federal 
     Government, and shall include recommendations on such other 
     matters as the Secretary determines appropriate.
       (2) Consideration of use of defense language institute and 
     language registries.--In developing the proposal under 
     paragraph (1), the Secretary shall consider the 
     appropriateness of using--
       (A) the Defense Language Institute to conduct testing for 
     language skills proficiency and performance, and to provide 
     language refresher courses; and
       (B) foreign language skill registries of the Department of 
     Defense or of other agencies or departments of the United 
     States to identify individuals with sufficient proficiency in 
     foreign languages.
       (3) Consideration of the model of the reserve components of 
     the armed forces.--In developing the proposal under paragraph 
     (1), the Secretary shall consider the provisions of title 10, 
     United States Code, establishing and governing service in the 
     Reserve Components of the Armed Forces, as a model for the 
     Civilian Linguist Reserve Corps.
       (c) Completion of Report.--Not later than 6 months after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress the report prepared under subsection (a).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Defense $300,000 to 
     carry out this section.

                               H.R. 4628

                         Offered By: Mr. Roemer

       Amendment No. 2: At the end (page 30, after line 7), add 
     the following new title:

  TITLE VI--NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED 
                                STATES.

     SEC. 601. ESTABLISHMENT OF COMMISSION.

       There is established the National Commission on Terrorist 
     Attacks Upon the United States (in this title referred to as 
     the ``Commission'').

     SEC. 602. PURPOSES.

       The purposes of the Commission are to--
       (1) examine and report upon the facts and causes relating 
     to the terrorist attacks against the United States that 
     occurred on September 11, 2001;
       (2) ascertain, evaluate, and report on the evidence 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances surrounding the attacks;
       (3) make a full and complete accounting of the 
     circumstances surrounding the attacks, and the extent of the 
     United States' preparedness for, and response to, the 
     attacks; and
       (4) investigate and report to the President and Congress on 
     its findings, conclusions, and recommendations for corrective 
     measures that can be taken to prevent acts of terrorism.

     SEC. 603. COMPOSITION OF THE COMMISSION.

       (a) Members.--Subject to the requirements of subsection 
     (b), the Commission shall be composed of 10 members, of 
     whom--
       (1) 3 members shall be appointed by the majority leader of 
     the Senate;
       (2) 3 members shall be appointed by the Speaker of the 
     House of Representatives;
       (3) 2 members shall be appointed by the minority leader of 
     the Senate; and

[[Page H5088]]

       (4) 2 members shall be appointed by the minority leader of 
     the House of Representatives.
       (b) Qualifications.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--No member of the 
     Commission shall be an officer or employee of the Federal 
     Government or any State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens, with national recognition and 
     significant depth of experience in such professions as 
     governmental service, law enforcement, the armed services, 
     legal practice, public administration, intelligence 
     gathering, commerce, including aviation matters, and foreign 
     affairs.
       (c) Chairperson; Vice Chairperson.--
       (1) In general.--Subject to the requirement of paragraph 
     (2), the Chairperson and Vice Chairperson of the Commission 
     shall be elected by the members.
       (2) Political party affiliation.--The Chairperson and Vice 
     Chairperson shall not be from the same political party.
       (d) Initial Meeting.--If 60 days after the date of 
     enactment of this Act, 6 or more members of the Commission 
     have been appointed, those members who have been appointed 
     may meet and, if necessary, select a temporary Chairperson 
     and Vice Chairperson, who may begin the operations of the 
     Commission, including the hiring of staff.
       (e) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the Chairperson or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. 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.

     SEC. 604. FUNCTIONS OF THE COMMISSION.

       (a) In General.--The functions of the Commission are to--
       (1) investigate the relevant facts and circumstances 
     relating to the terrorist attacks of September 11, 2001, 
     including any relevant legislation, Executive order, 
     regulation, plan, policy, practice, or procedure;
       (2) identify, review, and evaluate the lessons learned from 
     the terrorist attacks of September 11, 2001, regarding the 
     structure, coordination, management policies, and procedures 
     of the Federal Government, and, if appropriate, State and 
     local governments and nongovernmental entities, relative to 
     detecting, preventing, and responding to such terrorist 
     attacks; and
       (3) submit to the President and Congress such reports as 
     are required by this title containing such findings, 
     conclusions, and recommendations as the Commission shall 
     determine, including proposing organization, coordination, 
     planning, management arrangements, procedures, rules, and 
     regulations.
       (b) Scope of Investigation.--For purposes of subsection 
     (a)(1), the term ``facts and circumstances'' includes facts 
     and circumstances relating to--
       (1) intelligence agencies;
       (2) law enforcement agencies;
       (3) diplomacy;
       (4) immigration, nonimmigrant visas, and border control;
       (5) the flow of assets to terrorist organizations;
       (6) commercial aviation; and
       (7) other areas of the public and private sectors 
     determined relevant by the Commission for its inquiry.

     SEC. 605. POWERS OF THE COMMISSION.

       (a) Hearings and Evidence.--The Commission may, for 
     purposes of carrying out this title--
       (1) hold hearings, sit and act at times and places, take 
     testimony, receive evidence, and administer oaths; and
       (2) require, by subpoena or otherwise, the attendance and 
     testimony of witnesses and the production of books, records, 
     correspondence, memoranda, papers, and documents.
       (b) Subpoenas.--
       (1) Service.--Subpoenas issued under subsection (a)(2) may 
     be served by any person designated by the Commission.
       (2) Enforcement.--
       (A) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a)(2), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (B) Additional enforcement.--Sections 102 through 104 of 
     the Revised Statutes of the United States (2 U.S.C. 192 
     through 194) shall apply in the case of any failure of any 
     witness to comply with any subpoena or to testify when 
     summoned under authority of this section.
       (c) Closed Meetings.--Notwithstanding any other provision 
     of law which would require meetings of the Commission to be 
     open to the public, any portion of a meeting of the 
     Commission may be closed to the public if the President 
     determines that such portion is likely to disclose matters 
     that could endanger national security.
       (d) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (e) Information From Federal Agencies.--The Commission may 
     secure directly from any department, agency, or 
     instrumentality of the United States any information related 
     to any inquiry of the Commission conducted under this title. 
     Each such department, agency, or instrumentality shall, to 
     the extent authorized by law, furnish such information 
     directly to the Commission upon request.
       (f) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States are authorized to provide to 
     the Commission such services, funds, facilities, staff, and 
     other support services as they may determine advisable and as 
     may be authorized by law.
       (g) Gifts.--The Commission may, to such extent and in such 
     amounts as are provided in appropriation Acts, accept, use, 
     and dispose of gifts or donations of services or property.
       (h) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.
       (i) Powers of Subcommittees, Members, and Agents.--Any 
     subcommittee, member, or agent of the Commission may, if 
     authorized by the Commission, take any action which the 
     Commission is authorized to take by this section.

     SEC. 606. STAFF OF THE COMMISSION.

       (a) Director.--The Commission shall have a Director who 
     shall be appointed by the Chairperson and the Vice 
     Chairperson, acting jointly.
       (b) Staff.--The Chairperson, in consultation with the Vice 
     Chairperson, may appoint additional personnel as may be 
     necessary to enable the Commission to carry out its 
     functions.
       (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 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable for a position at level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code. Any individual appointed under subsection (a) or 
     (b) shall be treated as an employee for purposes of chapters 
     63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (d) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (e) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. 607. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.

     SEC. 608. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate executive 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 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. 609. REPORTS OF THE COMMISSION; TERMINATION.

       (a) Initial Report.--Not later than 1 year after the date 
     of the first meeting of the Commission, the Commission shall 
     submit to the President and Congress an initial report 
     containing--
       (1) such findings, conclusions, and recommendations for 
     corrective measures as have been agreed to by a majority of 
     Commission members; and
       (2) such findings, conclusions, and recommendations 
     regarding the scope of jurisdiction of, and the allocation of 
     jurisdiction

[[Page H5089]]

     among, the committees of Congress with oversight 
     responsibilities related to the scope of the investigation of 
     the Commission as have been agreed to by a majority of 
     Commission members.
       (b) Final Report.--Not later than 6 months after the 
     submission of the initial report of the Commission, the 
     Commission shall submit to the President and Congress a final 
     report containing such updated findings, conclusions, and 
     recommendations described in paragraphs (1) and (2) of 
     subsection (a) as have been agreed to by a majority of 
     Commission members.
       (c) Noninterference With Congressional Joint Inquiry.--
     Notwithstanding subsection (a), the Commission shall not 
     submit any report of the Commission until a reasonable period 
     after the conclusion of the Joint Inquiry of the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives regarding the terrorist attacks against the 
     United States which occurred on September 11, 2001.
       (d) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this title, shall terminate 60 days after the date on which 
     the final report is submitted under subsection (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the second report.

     SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Commission 
     to carry out this title $3,000,000, to remain available until 
     expended.

                               H.R. 5120

                          Offered By: Mr. Wamp

       Amendment No. 22: Page 19, line 1, after the aggregate 
     dollar amount insert ``(decreased by $10,000,000)''.
       Page 19, line 19, after the aggregate dollar amount insert 
     ``(increased by $10,000,000)''.