[Congressional Record Volume 149, Number 94 (Tuesday, June 24, 2003)]
[House]
[Pages H5815-H5817]
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. 1589

                        Offered By: Mrs. Capito

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following new text:

     SECTION 1. GRANTS FOR PRESERVATION OF HISTORIC COURTHOUSES.

       (a) In General.--The Secretary of the Interior may make 
     grants to States to distribute the grant funds to units of 
     local government for activities to preserve eligible historic 
     courthouses. Such activities shall meet applicable 
     Secretarial Standards for Rehabilitation and may include 
     period restoration, upgrades to current legal codes and 
     requirements, and architecturally compatible additions and 
     expansions. Each State which accepts a grant under this 
     subsection shall determine the State agency responsible for 
     compliance with the requirements of this section and for the 
     administration of funds provided under this section.

[[Page H5816]]

       (b) Requirements for Eligible Historic Courthouse.--For the 
     purposes of this section, an eligible historic courthouse is 
     a courthouse or courthouse facility--
       (1) that is eligible to be listed on or is listed on the 
     National Register of Historic Places;
       (2) that is not less than 50 years old; and
       (3) regarding which a grant under this section has not been 
     previously awarded.
       (c) Waiver of Certain Requirements.--The Secretary may 
     waive the requirement in subsection (b)(2).
       (d) Required Match.--As a condition of providing a grant 
     under this section, the Secretary shall require the recipient 
     of the grant to provide matching funds according to a 1-to-1 
     ratio of Federal-to-recipient contributions. Recipient 
     matching funds--
       (1) must be from non-Federal sources; and
       (2) may be made in the form of in-kind contributions of 
     goods or services.
       (e) Limit on Administrative Use of Funds.--Not more than 10 
     percent of funds made available to a State under this section 
     may be used by the State for administrative purposes.
       (f) Report.--Five years after the date that funds are first 
     made available for this section, the Secretary shall submit 
     to Congress a report describing activities undertaken with 
     grants awarded under this section.
       (g) State Defined.--For the purposes of this section, the 
     term ``State'' includes the several States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the Commonwealth 
     of the Northern Mariana Islands, American Samoa, Guam, the 
     Virgin Islands, and any other territory or possession of the 
     United States.

                               H.R. 2417

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 1: At the end of title III add the following 
     new section:

     SEC. 345. STUDY ON PROVIDING ACCESS TO STATE AND LOCAL LAW 
                   ENFORCEMENT TO CLASSIFIED INFORMATION.

       (a) In General.--The Director of Central Intelligence shall 
     conduct a study to determine the feasibility of providing 
     security clearances to specified State and local law 
     enforcement personnel for access to classified information in 
     the possession of agencies and departments of the United 
     States that relate to homeland security and preventing 
     terrorist attacks against the United States.
       (b) Specified Officials.--For purposes of subsection (a), 
     the Director shall, in consultation with appropriate State 
     and local officials, establish criteria for the selection of 
     State and local law enforcement personnel for such security 
     clearances.
       (c) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Director shall submit to Congress 
     a report on the study conducted under subsection (a).

                               H.R. 2417

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 2: Add at the end the following new title:

    TITLE VI--NATIONAL COMMISSION ON INTELLIGENCE CAPABILITIES AND 
                               ACTIVITIES

     SEC. 601. ESTABLISHMENT.

       There is established a commission to be known as the 
     ``National Commission on Weapons of Mass Destruction in 
     Iraq'' (hereinafter in this title referred to as the 
     ``Commission'').

     SEC. 602. DUTIES OF THE COMMISSION.

       The Commission shall review and assess the knowledge in the 
     possession of the executive branch with respect to the status 
     of and threats posed by Iraq's weapons of mass destruction 
     programs before the commencement of Operation Iraqi Freedom.

     SEC. 603. COMPOSITION AND OPERATION OF COMMISSION.

       (a) Numbers and Appointment.--The Commission shall be 
     composed of 10 members appointed by the Director of Central 
     Intelligence.
       (b) Qualifications.--
       (1) Political party affiliation.--Not more than five 
     members of the Commission may be from the same political 
     party.
       (2) Nongovernmental appointees.--A member of the Commission 
     may not be an officer or employee of the Federal Government 
     or any State or local government.
       (c) Meetings.--The Commission shall meet and begin the 
     operations of the Commission as soon as practicable. After 
     its initial meeting, the Commission shall meet upon the call 
     of the chairman or a majority of its members.
       (d) Quorum.--Six members of the Commission shall constitute 
     a quorum.
       (e) Nonapplicability of Federal Advisory Committee Act.--
     The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.
       (f) Vacancies.--A vacancy on the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. 604. POWERS OF COMMISSION.

       (a) Meetings, Hearings, and Evidence.--
       (1) In general.--For the purpose of carrying out this Act, 
     the Commission or, on the authority of the Commission, any 
     subcommittee or member thereof, may--
       (A) conduct meetings, hold hearings, sit and act at such 
     times and places, take testimony, receive such evidence, and 
     administer oaths as the Commission considers appropriate; and
       (B) require, by subpoena or otherwise, the attendance and 
     testimony of witnesses and the production of any evidence 
     relating to any matter under investigation by the Commission 
     which the Commission is empowered to investigate under this 
     Act.
       (2) Public hearings and meetings.--The Commission shall 
     hold public hearings and meetings to the extent practicable. 
     Any public hearings and meetings of the Commission shall be 
     conducted in a manner consistent with the protection of 
     information provided to or developed for or by the Commission 
     as required by any applicable statute, regulation, or 
     Executive order.
       (b) Subpoenas.--
       (1) Issuance.--
       (A) In general.--A subpoena may be issued by the Commission 
     only--
       (i) by the agreement of the chairperson and the vice 
     chairperson; or
       (ii) by the affirmative vote of six members of the 
     Commission.
       (B) Signature.--Subpoenas issued by the Commission shall be 
     issued only under the signature of the chairman or any member 
     designated by a majority of the Commission, and may be served 
     by any person designated by the chairman or by a member 
     designated by a majority of the Commission.
       (2) Enforcement.--
       (A) In general.--If a person refuses to obey a subpoena 
     issued by the Commission, the Commission may apply to a 
     United States district court for an order requiring that 
     person to appear before the Commission to give testimony, 
     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.
       (B) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this subsection, the Commission 
     may, by majority vote, certify a statement of fact 
     constituting such failure to the appropriate United States 
     attorney, who may bring the matter before the grand jury for 
     its action, under the same statutory authority and procedures 
     as if the United States attorney had received a certification 
     under sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (c) Contract Authority.--The Commission may enter into 
     contracts to enable the Commission to discharge its duties 
     under this Act.
       (d) Obtaining Official Data.--
       (1) In general.--The Commission may secure directly from 
     any executive department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality of the 
     United States information necessary to enable it to carry out 
     this Act. Each department, bureau, agency, board, commission, 
     office, independent establishment, or instrumentality shall, 
     to the extent authorized by law, furnish such information 
     directly to the Commission, upon request made by the 
     chairman, the chairman of any subcommittee created by a 
     majority of the Commission, or any member designated by a 
     majority of the Commission.
       (2) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (e) Assistance From Federal Agencies.--Upon request of the 
     Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, 
     administrative support and other services necessary for the 
     Commission to carry out its duties under this Act.
       (f) Mails.--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.

     SEC. 605. DIRECTOR AND STAFF OF COMMISSION.

       (a) In General.--The chairperson, in consultation with vice 
     chairperson may appoint and fix the compensation of a 
     director and such other staff as may be necessary to enable 
     the Commission to carry out its duties, 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 an individual so 
     appointed may not receive pay in excess of the annual rate of 
     basic pay for level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (b) 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.
       (c) Experts and Consultants.--The Commission may procure 
     the temporary or intermittent services of experts and 
     consultants under section 3109(b) of title 5, United States 
     Code, but at a rate not to exceed the daily equivalent of the 
     maximum annual rate of basic pay in effect for a position at 
     level IV of the Executive Schedule under section 5315 of such 
     title.

     SEC. 606. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Members of the Commission shall serve 
     without pay.

[[Page H5817]]

       (b) 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.

     SEC. 607. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate Federal agencies or departments shall 
     cooperate with the Commission in expeditiously providing the 
     members and staff with the necessary security clearances to 
     the extent possible pursuant to existing procedures and 
     requirements, except that no person shall be provided with 
     access to classified information under this Act without the 
     appropriate security clearances.

     SEC. 608. REPORT.

       (a) Final Report.--The Commission shall submit to the 
     President and Congress, not later than 6 months after the 
     date of the enactment of this Act, a report containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of members, 
     together with any dissenting opinions. The report shall also 
     include any recommendations for investigation by the Attorney 
     General or the Inspector General of the Central Intelligence 
     Agency of matters investigated by the Commission.
       (b) Classification of Reports.--To the extent practicable, 
     the final report shall be unclassified and made available to 
     the public. Such reports shall be supplemented as necessary 
     by a classified report or annex which shall be provided 
     separately to the President and Congress.

     SEC. 609. TERMINATION.

       (a) In General.--The Commission shall terminate 30 days 
     after the date on which the final report is submitted under 
     section 608.
       (b) Administrative Activities Before Termination.--The 
     Commission may use the 60-day period referred to in 
     subsection (a) for the purpose of concluding its activities, 
     including providing testimony to committees of Congress 
     concerning its reports and disseminating its final report.

     SEC. 610. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.