July 16, 2008 CONGRESSIONAL RECORD — HOUSE H6599 Cannon Hunter Porter AUTHORIZING THE CLERK TO The Chair recognizes the gentleman Cantor Inglis (SC) Price (GA) MAKE CORRECTIONS IN EN- from Texas. Capito Issa Pryce (OH) Carter Johnson (IL) Putnam GROSSMENT OF H.R. 3890, TOM Mr. REYES. Mr. Chairman, I yield Castle Johnson, Sam Radanovich LANTOS BLOCK BURMESE JADE myself such time as I may consume. Cazayoux Jones (NC) Ramstad (JUNTA’S ANTI-DEMOCRATIC EF- Mr. Chairman, intelligence is critical Chabot Jordan Regula FORTS) ACT OF 2008 to every decision affecting America’s Childers Keller Rehberg national security. Whether the chal- Coble King (IA) Reichert Mr. LEVIN. Mr. Speaker, I ask unan- lenge is learning the intentions of our Cole (OK) King (NY) Renzi imous consent that the Clerk be au- Conaway Kingston Reynolds Nation’s adversaries or detecting the thorized to make the following changes location of the next roadside IED in Crenshaw Kirk Rogers (AL) in the engrossment of the House Culberson Kline (MN) Rogers (KY) Iraq, America needs a well-resourced Davis (KY) Knollenberg Rogers (MI) amendment to the Senate amendment and well-managed intelligence commu- Davis, David Kuhl (NY) Rohrabacher to the text of H.R. 3890 that I have nity. Davis, Tom LaHood Ros-Lehtinen placed at the desk. Deal (GA) Lamborn Roskam The SPEAKER pro tempore. The b 1315 Dent Latham Royce Diaz-Balart, L. LaTourette Ryan (WI) Clerk will report the amendment. This committee’s primary respon- Diaz-Balart, M. Latta Sali The Clerk read as follows: sibilities are to authorize funds for the Doolittle Lewis (CA) Saxton Strike subsection (c) of section 6 of the bill intelligence agencies, to conduct vig- Drake Lewis (KY) Scalise and insert the following: orous oversight over their operations Dreier Linder Schmidt (c) CONFORMING AMENDMENT.—Section 3(b) and to ensure that those operations are Duncan LoBiondo Sensenbrenner of the Burmese Freedom and Democracy Act Ehlers Lungren, Daniel Sessions effective, legal and an appropriate use Emerson E. Shadegg of 2003 (Public Law 108–61; 50 U.S.C. 1701 of taxpayer money. English (PA) Mack Shays note) is amended— Mr. Chairman, this afternoon I want (1) by striking ‘‘prohibitions’’ and insert- Everett Manzullo Shimkus to thank my colleague, Mr. HOEKSTRA, ing ‘‘restrictions’’; Fallin Marchant Shuster the gentleman from Michigan, for Ferguson McCarthy (CA) Simpson (2) by inserting ‘‘or section 3A (b)(1) or Flake McCaul (TX) Smith (NE) (c)(1)’’ after ‘‘this section’’’ and working with me in a bipartisan fash- Forbes McCotter Smith (NJ) (3) by striking ‘‘a product of Burma’’ and ion to bring this bill to the floor. I also Fortenberry McCrery Smith (TX) inserting ‘‘subject to such restrictions’’. want to thank the staffs on both sides Fossella McHenry Souder The SPEAKER pro tempore. Is there of the aisle for the great work that Foxx McHugh Stearns they have done to bring this bill to the Franks (AZ) McKeon Sullivan objection to the request of the gen- Frelinghuysen McMorris Tancredo tleman from Michigan? floor today. This year, as in years past, I have Gallegly Rodgers Terry There was no objection. Garrett (NJ) Mica Thornberry gone to the front lines to see our cou- Gerlach Miller (FL) Tiahrt f rageous intelligence professionals per- Gingrey Miller (MI) Tiberi form their jobs. They do this quietly, Gohmert Miller, Gary Turner GENERAL LEAVE Goode Moran (KS) Upton often without recognition or praise. Mr. REYES. Mr. Speaker, I ask unan- Many spend time away from their fam- Goodlatte Murphy, Tim Walberg imous consent that all Members have 5 Granger Musgrave Walden (OR) ilies, often in very dangerous situa- Graves Myrick Walsh (NY) legislative days within which to revise tions and under very dangerous condi- Hall (TX) Neugebauer Wamp and extend their remarks and insert tions. This bill is the tangible sign of Hastings (WA) Nunes Weldon (FL) additional information into the our support for the women and men of Hayes Paul Weller RECORD. Heller Pearce Westmoreland our America’s intelligence agencies. Hensarling Pence Wilson (NM) The SPEAKER pro tempore. Is there We’re providing robust funding for Herger Peterson (PA) Wilson (SC) objection to the request of the gen- our most important priorities includ- Hill Petri Wittman (VA) tleman from Texas? ing HUMINT, language capabilities and Hobson Pickering Wolf There was no objection. Hoekstra Pitts Young (AK) technical capabilities. Hulshof Poe Young (FL) f Our principal concern continues to be that al Qaeda is stronger today than at INTELLIGENCE AUTHORIZATION NOT VOTING—15 any time since September 11, 2001. ACT FOR FISCAL YEAR 2009 Boswell Feeney Platts Osama bin Laden and his key deputies Buyer Gilchrest Rush The SPEAKER pro tempore. Pursu- remain at large. But al Qaeda is not Cubin Green, Al Wexler ant to House Resolution 1343 and rule the only terrorist group that has Delahunt Lucas Whitfield (KY) XVIII, the Chair declares the House in gained strength. Over the past 7 years, Engel Melancon Wu the Committee of the Whole House on Hezbollah and Hamas have become ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE the state of the Union for the consider- more capable and even more deter- ation of the bill, H.R. 5959. mined. Dangerous states, including The SPEAKER pro tempore (during b 1313 Syria, are pursuing nuclear capabili- the vote). There are 2 minutes remain- ties. There is the possibility that one ing in this vote. IN THE COMMITTEE OF THE WHOLE of these states, or even a rogue sci- Accordingly, the House resolved entist, could transfer fissile material b 1310 itself into the Committee of the Whole to a terrorist group. This must remain House on the state of the Union for the our foremost priority and our top con- Mr. WALSH of New York changed his consideration of the bill (H.R. 5959) to cern. vote from ‘‘yea’’ to ‘‘nay.’’ authorize appropriations for fiscal year This bill invests in people, our most So the resolution was agreed to. 2009 for intelligence and intelligence- precious resource. It adds funding to related activities of the United States enhance human intelligence collection, The result of the vote was announced Government, the Community Manage- not only for counterterrorism, but also as above recorded. ment Account, and the Central Intel- for enduring and emerging global secu- A motion to reconsider was laid on ligence Agency Retirement and Dis- rity issues, such as challenges that we the table. ability System, and for other purposes, face in Asia, Africa and Latin America, with Mr. SALAZAR in the chair. to name a few. This bill also contains a The SPEAKER pro tempore (Mr. The Clerk read the title of the bill. number of provisions that promote CARSON of Indiana). Pursuant to House The CHAIRMAN. Pursuant to the greater accountability, including the Resolution 1339, S. 2062, as amended, is rule, the bill is considered read the creation of a new Inspector General for considered as passed and the House is first time. the intelligence community. considered to have insisted on its The gentleman from Texas (Mr. Our bill will improve language capa- amendment and requested a conference REYES) and the gentleman from Michi- bilities in the intelligence community with the Senate thereon. gan (Mr. HOEKSTRA) each will control by adding funding for speakers of crit- 30 minutes. ical languages and requiring reports to

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6600 CONGRESSIONAL RECORD — HOUSE July 16, 2008 Congress to evaluate progress in this vent CIA contractors from engaging in edly raised since serving as chairman perennial problem area. The bill also interrogations unless the Director of of the committee. These include provi- mandates implementation of security National Intelligence provides a waiv- sions to clarify that each member of clearance reform to make it easier for er. the Intelligence Committee must be first and second generation Americans, Our goal is to put this committee fully and currently briefed on current many of whom have critical language back in the authorization business by activities. Again, I’m pleased that skills, to serve in the intelligence com- getting a bill to the President’s desk we’re able to take and improve this munity with proper clearances. that he can sign. To do that, we can’t oversight on a bipartisan basis. Repub- I mentioned earlier that one of the tackle every single important issue in licans and Democrats on the com- responsibilities of this committee is this one bill. But if we fail to pass this mittee both believe that we need this oversight. Yet this administration has bill, we risk eroding Congress’ ability information to be able to effectively do repeatedly failed to comply with the to strengthen and oversee intelligence our job. Some work remains to be done National Security Act of 1947, which operations that are vital to American to smooth this out. But we have taken mandates that our committee be ‘‘fully national security. the right steps to move this forward. I and currently informed’’ of all the in- Mr. Chairman, I reserve the balance appreciate the chairman’s work to de- telligence activities from the adminis- of my time. velop this framework for this impor- tration. This bill enhances congres- Mr. HOEKSTRA. Mr. Chairman, I tant reform. sional oversight by ensuring that the would like to yield myself as much I understand and he understands that committee receives the information time as I shall consume. the executive branch may not like en- that it needs to perform its inherent Mr. Chairman, the annual Intel- hanced oversight and that they have oversight function. ligence Authorization Act is one of the expressed their concern about the pro- Working on a bipartisan basis, our most important bills that the House visions of the bill that strengthen the committee adopted two provisions to passes each year. It provides and allo- oversight process, including congres- enhance reporting on intelligence ac- cates resources critical to national se- sional notification, increased reporting tivities to the full membership of the curity programs that are the front and auditing. But there is no single congressional intelligence committees. lines of America’s defense and foreign current issue on which there is strong- One provision would restrict 75 percent policies and, most critically, work to er bipartisan consensus on the com- of all covert action funds until the full detect, prevent and disrupt potential mittee than our concern that the ad- membership of the intelligence com- terrorist attacks against the American ministration is not fulfilling its statu- mittees is briefed on all covert actions people. The bill is also essential to en- tory duty to keep each member of the in effect as of April 24, 2008. A second sure close and effective congressional committee fully and currently in- provision would restrict the adminis- oversight of the intelligence commu- formed with respect to certain intel- tration’s attempts to brief only the nity. ligence matters. chairman and ranking member and There are issues that remain to be In the past year alone, I joined with clarifies which information must be re- worked out as the legislative process Chairman REYES to call on the Presi- ported to our full committee. continues. But I appreciate the work dent to brief the members of the com- This legislation also authorizes much that Chairman REYES has done to avoid mittee with respect to intelligence re- of the requests for the foundational ac- many of the contentious items that garding the al Kibar facility in Syria. tivities of the cybersecurity initiative, have recently prevented the enactment The full committee was not briefed but it also expresses the committee’s of an intelligence authorization bill. until the day the information was sub- serious concerns about potential pol- And I appreciate that the bill reflects sequently disclosed to the public. The icy, implementation and governance areas of consensus on critical national committee was briefed months too issues. Our committee is also con- security issues. late, and we received the information cerned that Congress does not have a I believe that this bill is strong in after the media did. On another mat- comprehensive understanding of the two areas. First, it was significantly ter, the administration has refused to magnitude of human and fiscal intel- improved by seven Republican amend- brief all members of the committee ligence resources that have been de- ments that were adopted on a bipar- even though it has briefed five mem- voted to Iraq, possibly at the expense tisan basis to address what I believe bers of the committee staff. It is clear of fighting the war on terror. H.R. 5959 are important issues in priorities fac- that reforms are necessary. requires a detailed report to our com- ing the intelligence community. In addition to these legislative provi- mittee on this very topic. Among these, the committee adopted sions, I believe that the classified The bill also addresses a number of my amendment to remove all earmarks annex adequately supports our needs in long-term technical challenges in the from the bill, a significant step for- important areas such as human intel- intelligence community. It does so by ward. Our intelligence program should ligence collection and contains addi- adding significant resources to mod- be based on only one primary consider- tional provisions to enhance oversight. ernize signals intelligence capabilities ation, what best ensures that the intel- While I may not agree with each of the and integrate them into the global en- ligence community is able to do its job specific authorizations, on balance the terprise. in the interest of the national security classified portion of the bill generally Finally, Mr. Chairman, despite the of the United States. reflects consensus on the pro- size of the budget request, the adminis- The committee adopted an amend- grammatic requirements needed to tration did not include funds adequate ment offered by my colleague from protect our national security. to keep the U.S. intelligence commu- Michigan (Mr. ROGERS) to limit the Despite these areas of consensus, I nity competitive in advanced tech- size and unintended bureaucratic must point out that I have concerns nologies. Research and development growth of the Office of the DNI, the Di- with parts of the bill and the action of funding is our Nation’s investment in rector of National Intelligence. The the Rules Committee not to make cer- maintaining our edge in state of the bill also includes another amendment tain important amendments in order. art technologies. Our bill adds funds to by Congressman ROGERS to require a I’m disappointed with certain provi- four agencies specifically for that pur- high-level strategic evaluation of the sions relating to national intelligence pose. And the committee urges the ex- FBI’s progress in transforming its space systems. Certain levels of fund- ecutive branch to sustain, if not in- FBI’s intelligence capabilities. This ing fall short, and the bill fails to stim- crease, this level of funding in future process may not be moving forward ulate a sense of urgency in overhead budgets. fast enough to accomplish the needed architecture and shortfalls. In certain In our markup, Mr. Chairman, the changes and needs close attention. areas, it mandates technical solutions committee adopted a number of The bill is also strengthened by sig- without a complete analysis. amendments offered by both the major- nificant provisions to improve congres- I also have concern with what I be- ity and minority members. One of sional oversight of the intelligence lieve is an unnecessarily complex and those important amendments, crafted community and the executive branch unwieldy provision to create a new In- with bipartisan cooperation, will pre- which addressed issues I have repeat- spector General of the intelligence

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 16, 2008 CONGRESSIONAL RECORD — HOUSE H6601 community. While I support the en- intelligence authorization bill does the At this time I would like to yield 2 hancement of oversight for commu- same thing, and that is it forces the minutes to the gentleman from Ala- nity-wide issues, this provision would agencies to be more efficient, it forces bama (Mr. EVERETT). significantly duplicate existing efforts them to work together, and at the Mr. EVERETT. Mr. Chairman, I and further grow the size of the DNI same time it is providing our men and thank Mr. HOEKSTRA and Mr. CRAMER. bureaucracy. I hope that we can con- women around this world the resources I can assure the American people that tinue to improve the bill as it moves that they need to do an even better job knowing the members on both sides of through the process. I also hope that of protecting us. the aisle who serve on the Intelligence we can work to address concerns that I am particularly concerned about Committee and the staff who supports have been raised by the intelligence our access to space. It is in the na- them, even though two Alabamians are community with respect to section 425 tional interest of the United States to leaving, the Nation will still be safe of the bill concerning the use of con- have domestic capability for assured and in good hands. tractors. access to space. So as this bill proceeds I do rise in support of the Fiscal Year Finally, I need to express my strong forward, I hope we will make sure that 2009 Intelligence Authorization Act. concern that the Rules Committee did while we are performing oversight and The process for this year’s bill was not make in order an amendment I sub- we are forcing the agencies to become much improved over last year; so for mitted that would prevent funds au- more efficient, to consolidate what that, I thank my friend and chairman, thorizing the bill from being used to they do, that we don’t throw the baby SILVESTRE REYES, and our ranking transfer Guantanamo detainees to the out with the bath water. member, Mr. HOEKSTRA. It has been 3 United States. This provision should I know my colleague from Alabama, years since we have had an intelligence not be necessary. I believe that the TERRY EVERETT, who is going to speak authorization bill, and that has created public consensus that trained terror- in a few minutes as well, has been par- a void in many important policy areas ists should not be brought into the ticularly concerned about the access to and in programmatic guidance for the American cities should be clear and space issue. My colleague, the gen- intelligence community. It is critical that we get a bill passed overwhelming. However, there is a sig- tleman from Alabama (Mr. EVERETT) is through the House and Senate that can nificant possibility that lawyers may leaving the committee as well, so Ala- be signed by the President, and I hope try to argue that trained terrorist de- bama loses one on each side after this that can be accomplished before we ad- tainees should be released on American Congress. Mr. EVERETT, I want to say that the journ this year. streets. This would be judicial activism I have a number of concerns about at its worst, unsupported by either people of Alabama and the people of this country are proud of your career the bill, some of which have been de- clear legal precedent or statutory au- tailed in the minority views of the thority. Congress must send a clear here in the United States Congress. We are proud in north Alabama of our committee report, but I would like to message immediately on this critical focus on a few of the joint programs partnership with you. And as I have issue. We may have the opportunity to that have military application as well. watched you through the committee do that later today. With regard to the national security On balance, this bill is a workable process bring the access to space issues space systems, the bill falls short of bill. It needs to be improved. And I to the forefront, this country is a bet- fully addressing problems in our over- look forward to seeing exactly how the ter place because of your service here. head architecture. As the report notes, I also want to thank my colleagues. amendments process moves forward ‘‘National security space systems have We work hard in cramped, windowless through the day. been and will continue to be a corner- rooms to make sure that the agencies I reserve the balance of my time. stone of the Nation’s intelligence col- answer the questions that we want our Mr. REYES. Mr. Chairman, it is now lection capability.’’ my pleasure to yield 2 minutes to the constituents to have answered. They As Mr. HOEKSTRA pointed out, crit- gentleman from Alabama (Mr. CRAMER) come sometimes to the committee ical national security space systems who serves as chairman of our Sub- kicking and screaming, but I am proud are not properly funded in conjunction committee on Oversight and Investiga- of the work you do. with a complete programmatic anal- tions. May I add, Mr. Chairman, that Mr. HOEKSTRA. Mr. Chairman, I ysis that shows a way forward. This on a personal note, I’m privileged and would like to extend my congratula- can be addressed and hopefully will be proud to have served with Mr. CRAMER tions to Mr. CRAMER on his retirement. addressed in conference with the Sen- on the Intelligence Committee for We are going to miss you in the com- ate. about 8 years. This is his last author- mittee, Mr. CRAMER. Alabama is going As I wind down my career in Con- ization bill. He will be retiring at the to lose two great Members of Congress, gress, this will be my last intelligence end of this Congress. So I just wanted two members who have helped make authorization work. The work we do to thank the gentleman for his service the Intelligence Committee a better here is fascinating and important to and for his work. He has never stopped committee, who have studied the our national security, and I am pleased working up to the very end here in his issues. We will miss you and wish you to have been a part of this for the past last term. well, but I am sure we will see you 6 years. As one of the crossover mem- Thank you, Mr. CRAMER, for your again. Thank you for the work and ef- bers from the House Armed Services great work. fort you have put on the committee. Committee, I want to reiterate—— Mr. CRAMER. Mr. Chairman, thank My colleague, the gentleman from The CHAIRMAN. The gentleman’s you for those kind words. Alabama (Mr. EVERETT) is also going to time has expired. I, too, have enjoyed almost every be leaving. I am not sure what the Mr. HOEKSTRA. I yield my colleague minute of service on this Intelligence folks in Alabama have put in the water an additional minute. Committee. I say to Mr. HOEKSTRA, as this year, but they are drinking the Mr. EVERETT. I want to reiterate well, the years that we put in together same thing and have decided to retire. the importance of having members trying to steer through post 9/11, the Again, Mr. EVERETT has also contrib- serve simultaneously on both commit- struggles of holding the agencies’ feet uted a tremendous amount of time, en- tees. It is especially important to have to the fire but at the same time forcing ergy and effort in learning the issues of a member of the Strategic Forces Sub- them to change, to do things dif- the Intelligence Committee and mak- committee serve on HPSCI in order to ferently to protect this country in a ing sure that the work we do on the maintain a clear understanding of how more unified way, it has been ex- committee is a bipartisan effort, co- the shared military and intelligence tremely rewarding to see both sides ordinated with the efforts in the Armed overhead programs operate so that the come together. Services Committee to make sure that right hand, Mr. Chairman, knows what the Intelligence Committee and the the left hand is doing. b 1330 Armed Services Committee are moving I say again I appreciate having I wanted to use my time today to say in the same direction and doing the served over the years with the mem- that I stand in strong support of H.R. things that are necessary to keep bers of the committee. I urge my col- 5959 because I think this edition of the America safe. leagues to support this bill. It is not

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6602 CONGRESSIONAL RECORD — HOUSE July 16, 2008 perfect, but it is a very good bill and it community; and the administration, ginning to implement the Intelligence needs passing. believe it or not, is still fighting that. Reform Act. The gentleman from Ala- Mr. REYES. Mr. Chairman, before Imagine having an inspector general, bama (Mr. CRAMER) is one of those fair- recognizing a very senior and valued independent oversight of the intel- ly rare Members who always asks what member of our committee, I wanted to ligence community. I think that’s a is in the best interest of the country wish my good friend and former chair- darn good idea and I hope it will pre- first, and it will be a significant loss to man of the Strategic Forces Sub- vail and that the President changes his this Congress and to the country upon committee on Armed Forces well on mind on this. his retirement. his retirement. I have had the privilege We still have a lot of work to do to Mr. Chairman, there are a number of of working with Mr. EVERETT since I have more human intelligence in coun- commonsense reforms in this bill that have been in Congress on Armed Serv- tries where we need them. We have a may not make headlines. One of the ices and also on Intelligence. I know lot of work to do on black prison sites, issues Mr. CRAMER and I have worked how much he cares about the issues the operation of them by the CIA and on, for example, in the past is how can that affect our national security, and renditions. But with that, Mr. Chair- we measure improvement in intel- so I want to wish him well in his retire- man, I want to commend especially ligence, for example, in foreign lan- ment as well. Congressman BUD CRAMER for the mag- guage capability. There are some spe- Good luck, TERRY. nificent, honest work he has done on cific provisions in this bill which do Mr. Chairman, I yield 3 minutes to the Intelligence Committee and here in help us have specific measurements so the gentlewoman from California (Ms. the Congress and wish him well, and we can tell whether we are increasing ESHOO), a senior member of our com- Mr. EVERETT, too. our capability, not just as far as num- mittee, who serves as the chairwoman I ask my colleagues to support the bers of people but in their fluency in of our Subcommittee on Intelligence bill. It has good things and it has some specific languages. That is absolutely Community Management. other things that are missing. But critical for the purpose of intelligence. Ms. ESHOO. Mr. Chairman, I want to overall, I think it is a bill worth sup- And yet even for something like that, salute the chairman of our committee porting. it is hard for any of us to measure for his superb leadership and caring so Mr. HOEKSTRA. Mr. Chairman, at whether we are making the improve- much about not only the issues of in- this time I would like to yield 3 min- ments that need to be made. telligence but everyone that is a part utes to the gentleman from Texas (Mr. Making sure that any administration of the intelligence community. I want THORNBERRY), a member of the com- gives this committee the information to thank all of the marvelous staff on mittee. we deserve to do our job is a challenge. the majority and minority side, and I Mr. THORNBERRY. Mr. Chairman, I This bill deserves support. salute the ranking member of the com- want to thank the ranking member for Mr. REYES. Mr. Chairman, it is now mittee as well. yielding. my privilege to yield 2 minutes to the This is a tough committee to serve Mr. Chairman, this is not the intel- gentleman from Maryland (Mr. on. People don’t know what we are ligence authorization bill that I would RUPPERSBERGER) who serves as the talking about. We do it in secret. We have written exactly, but I think it is chairman of our Subcommittee on really can’t talk to our colleagues very important to start out by thanking the Technical and Tactical Intelligence much about it. And yet we make some chairman and the ranking member for and who proudly represents NSA which of the weightiest decisions that any taking some risk to have a bipartisan is in his district. Members of Congress would make be- bill that can have support from both Mr. RUPPERSBERGER. Mr. Chair- cause we deal with what is the most sides of the aisle. That is unfortunately man, I rise today to support H.R. 5959. important issue, and that is our na- fairly rare in this Chamber to be able I would first like to thank Chairman tional security, the protection of the to work together on something that is REYES and Ranking Member HOEKSTRA American people and giving the intel- important, especially in national secu- for their leadership in helping us put ligence community, making the rity, and yet that has happened here. together a good bipartisan bill. I also choices to give the intelligence com- Intelligence is very important for our am going to miss BUD CRAMER, TERRY munity all the tools it needs in order country’s security. In many ways it is EVERETT, and HEATHER WILSON. We to function and protect the American the first line of defense. Certainly all have all worked well together on this people and that we weigh and balance our other national security efforts de- committee. You will be missed. and always know that we are working pend upon intelligence. And so working I ask my colleagues to vote for this under the Constitution of the United together in a bipartisan way, even bill because it supports the men and States of America. So this is really being willing to take some risks to women who work within the intel- where the rubber meets the road. have a bill with bipartisan support, ligence community. The National Se- I support the bill. Just like all of the means we can’t have everything we curity Agency, the NSA, is other bills we deal with, there are want, but we will work together in headquartered in my district. I person- pluses and minuses. I am very pleased order to move this bill forward. ally know that NSA’s employees work that there are no earmarks in this bill. Secondly, I think it is important to very hard to ensure our Nation’s secu- That is the first time since I came onto acknowledge the enormous influence of rity. the committee that that is the case. I three retiring Members, three Members am very glad that 75 percent of the dol- retiring from Congress after this Con- b 1345 lars for covert action have been fenced. gress: the gentlewoman from New Mex- We must continue to invest in the In other words, no notification from ico (Mrs. WILSON) whose personal mili- people and resources necessary to the administration and from the intel- tary background, intelligence, and na- make our intelligence community ef- ligence community, no money. And ture of her district has made her a fective. Intelligence is the best defense that’s the way it should be because the leader on many issues, especially in the against terrorism. American people expect us to verify. area of technical collection; the gen- This bill advances the Cybersecurity They expect us to know and then we tleman from Alabama (Mr. EVERETT) Initiative to protect our computer net- can take action. We have to do over- with whom I serve on the Armed Serv- works, a very important issue that we sight. ices Committee, and we have worked will be dealing with in the future, For the first time in the history of on many issues, but no one is as knowl- cybersecurity attacks. We know now our country, we have brought together edgeable and passionate about the that certain countries are attacking a National Intelligence Assessment on issue of space and space policy as the the United States of America through global climate change and the effect it gentleman from Alabama; and then the the Internet. will have on national security. I am other gentleman from Alabama (Mr. Two, it increases research and devel- very proud of the work we have been CRAMER), he and I were partners in the opment so that we can maintain our able to do on that. last Congress when for the first time technical advantage; and, three, in- For the first time there will be an in- this Congress stood up an oversight vests in both satellite and airborne col- spector general in the intelligence subcommittee just also as we were be- lection and in the systems needed to

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 16, 2008 CONGRESSIONAL RECORD — HOUSE H6603 process, exploit and distribute this forming supervisory agents the Bureau Terrorism, Human Intelligence Anal- data. has ever had, but when the clock runs ysis and Counterintelligence Sub- The intelligence community faces en- out, you’re done. committee, the gentleman from Cali- during technical challenges, but this In that policy, we have lost half. Al- fornia (Mr. THOMPSON). bill provides our people, who are our most 290 supervisory special agents Mr. THOMPSON of California. I want most important asset, with the tools have left management in the FBI, re- to thank both Chairman REYES and they need to do their jobs well. In order tired, stepped down, quit, whatever Ranking Member HOEKSTRA for their to protect our country from threats they have decided to do that wasn’t in leadership and making sure we had a from countries such as China and Rus- their interest or their family’s inter- good bipartisan bill that benefits the sia, we must continue to invest heavily est, because of this policy. people of this great country, the staff in science and technology. I can think of no policy that dis- that worked so hard to make this hap- This bill lays the foundation for the criminates against half of your man- pen on both sides of the aisle, and, in future and communicates areas of con- agement that we would call successful particular, the ranking member of my cern to current intelligence leaders and at a time where we need experience to subcommittee, Mr. ROGERS, for work- the next Presidential administration. guide these new agents, which are ing together to make this a good bill. I urge my colleagues to support this about half of them, by the way, are Human intelligence, or HUMINT, is bill and the important work of the in- fairly new, I think under 5 years or 7 one of the most difficult but effective telligence community. years, something like that. We have means of understanding our adver- Mr. HOEKSTRA. Mr. Chairman, at tried to work with the Director and say saries’ plans and intentions. This bill this time I would like to yield 3 min- this is the wrong approach, this is a adds funds improve HUMINT collection utes to my colleague from the State of punishment approach. You have great on counterterrorism and other critical Michigan (Mr. ROGERS) who was suc- men and women committing them- national security challenges. It also cessful in the committee in passing two selves to these careers, dedicating adds HUMINT resources for global important amendments to improve this themselves to these supervisory posi- challenges, such as the political and bill. Mr. ROGERS of Michigan. I thank tions. We need to reward them, not humanitarian crisis in Asia, Africa and the gentleman from Michigan. punish them. Latin America. The events unfolding in Mr. Chairman, thank you very, very We have tried to set up a housing pol- those regions demonstrate that we much for working in such a bipartisan icy to entice them. Three years, longer must always have the resources to un- way. I often think after some of our than 3 years, even after the agreement derstand these threats. most spirited meetings in the Intel- from the Director, we have been work- The information we collect, however, ligence Committee, where we have pas- ing on this to no avail. It has gone no- is only useful if analysts translate it sionate, civil debates, how proud, real- where. Instead, they continue to say into actionable intelligence for policy- ly, America would be that all of us on this is a policy that works. makers and law enforcement. For that both sides of the aisle give all of our- They are separating themselves from reason, this bill provides resources to selves to the right outcome on these the field, and it’s dangerous. Over the improve intelligence analysis across bills. I want to thank you for allowing last 2 weeks I bet I have talked to a the entire intelligence community. It that debate to happen in committee. dozen agents, some in supervisory also authorizes additional personnel to To Mr. THOMPSON, I have enjoyed roles, others who are not, who are im- support State and local law enforce- working with you on the committee, pacted by their supervisors either leav- ment so they can better address the and I think we have done some great ing or new ones being hired, 12 agents, challenges of border security, counter- things in a bipartisan way. 100 percent unanimity. This is a bad terrorism and infrastructure protec- Mr. Chairman, this is one of those and dangerous plan for the future of tion. bills that while I think both sides prob- the FBI. And the bill also calls for fiscal re- ably would have had a few things dif- The CHAIRMAN. The time of the straint. As Mr. ROGERS mentioned, ferent, but because we committed our- gentleman has expired. since its creation in 2004, the Office of selves to put the country first and bi- Mr. HOEKSTRA. I yield an addi- the Director of National Intelligence partisanship as our final goal and what tional minute to my colleague. has grown into a bloated bureaucracy works for America, you have a package Mr. ROGERS of Michigan. I think that hinders, rather than facilitates, here that I think sends a great message that this is an issue that we have to intelligence complexes and analysis. to the most important group that this even pay more attention to. This is an This bill adds an amendment that Mr. bill will impact, and that’s the men important step to regain the con- ROGERS and I introduced in committee and women who risk their lives every fidence of the FBI and its leadership. It that prevents further growth in the Of- single day trying to make sure we have has to happen. Thanks for your leader- fice of the Director of National Intel- the best intelligence to our war fight- ship on it. ligence. ers, to our police officers, and to keep Lastly, I just want to talk about the Finally, Mr. Chairman, this legisla- this country safe. For all of that, to DNI, the Director of National Intel- tion provides critical intelligence re- the staffs on both sides, thank you very ligence. I have worked with Mr. THOMP- sources for our troops and strengthens much. SON on this. We have spent a lot of time oversight of intelligence support to the I want to bring your attention to two understanding this. Our concerns are military. Many of us have visited our particular issues. There are a lot of real, and the intelligence community troops in Iraq, and we have seen first- great things in here to think about. concerns are real. hand that good intelligence saves One is the FBI policy. Thank you We created this new organization. Its American lives on the battlefield. again for working with us on what I job was to coordinate, not be oper- This bill will greatly improve our in- think is a growing problem with the ational. We have found that it goes telligence capabilities and enhance our Federal Bureau of Investigation, and well beyond mission creep, and it is in national security. I urge all my col- this, I think, was the first signal we mission grasp. It is bloated, it’s too leagues to support it. need to get a handle on it. The FBI im- big, and it became an agency not that In closing, I too want to add my plemented an ‘‘up or out’’ policy for its supported the decision and calculations name to those who are very appre- supervisors that was supposed to allow of the field, but became supported by ciative and thankful for our friends, new people in and promote the super- the field. Mr. EVERETT and Mr. CRAMER, who did visory special agents, people who had It’s a dangerous development in in- a great job on the committee. They over years developed a Rolodex where telligence. I appreciate working with were a pleasure to work for, they are they could call the local police chiefs, you. I know we have a lot more work to fine Americans, and we are going to work with the local community, get to do. Congratulations to all on a bill that miss them. know and understand and gain the will, I think and believe, keep America Mr. HOEKSTRA. Mr. Chairman, at trust of these local communities. safer. this time I would like to yield 3 min- We have hustled them out after 5 Mr. REYES. Mr. Chairman, I now utes to another member of the com- years. They may be the best per- yield 3 minutes to the chairman of the mittee, Mr. MCHUGH from New York.

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6604 CONGRESSIONAL RECORD — HOUSE July 16, 2008 Mr. MCHUGH. I thank the gentleman HOLT, who also serves as the chairman sible for any abuses. I believe we must for yielding. of the Select Intelligence Oversight make certain that the intelligence We have heard, I would say to my Panel. community is not using U.S. taxpayer colleagues repeatedly today, this is not Mr. HOLT. I thank the Chair, and I dollars to enter into or renew contracts a perfect bill. We also should hear that rise in support of the bill. with companies that may be engaging shouldn’t be a surprise. Rarely on the The work in the Intelligence Com- in serious abuses of law and violence House floor here have perfect bills been mittee is some of the most difficult toward civilians and whose actions go delivered. Rather, as I think the work that goes on here in the House, unpunished. Founding Fathers would have intended, behind closed doors, necessarily with Around the world our country is con- we see a work in progress. little public input, but we are blessed tracting with private companies that This is a bill that started off at a cer- with a good staff and a good chairman. employ individuals who do not wear tain place, that came through the com- We never forget that our work is about the badge of the United States but mittee process, and although I may be people, about the safety of the Amer- whose behavior has, on numerous occa- somewhat prejudiced, I firmly believe ican people and about the hardworking, sions, severely damaged the credibility has been far improved from that start- brave people of the intelligence com- and security of our military and ing point through that committee munity. harmed our relationship with other process. There have been some seven H.R. 5959 contains some useful provi- governments. Perhaps the most egre- amendments that I think have up- sions that are designed to strengthen gious example came on September 16, graded it and have put us on the right congressional oversight. Among these 2007, when private security contractors path. is a fence of 75 percent of covert action employed by Blackwater Worldwide I want to say Mr. Chairman, I have funds, fenced until each member of the killed 17 civilians and wounded many enormous respect, enormous affection House and Senate intelligence commit- more in downtown Baghdad. No one for both the distinguished chairman tees has been fully briefed. has been held accountable for this. from the great State of Texas, my good I think it would be sufficient to say At a minimum, we need a more friend, SILVESTRE REYES, as well as the that this administration has taken a transparent process to hold private gentleman from Michigan, the distin- cavalier attitude toward its legal obli- contractors accountable and more in- guished ranking member, who have gations to keep the committees fully formation in order to understand their gone so far in working together to and currently informed. impact on our Intelligence Commu- make such a difference. There are far, This bill would require the CIA In- nity, our armed forces and our larger far fewer bills that reach this House spector General to conduct audits of all objectives. floor that are more important in this covert action programs regularly. It I thank the chairman for including day and age for the safety and for the would increase critical research and language prohibiting the use of con- security of the American people. development activities and improve tractors for interrogation, as well as a I have to tell you I share the distin- foreign language capabilities. It would provision requiring a comprehensive guished ranking member’s concerns prohibit the use of contractors for CIA report on the use of contractors in the about the failures of this administra- detainee interrogations. intelligence community. tion to adequately inform, to ade- It would clarify what ‘‘fully and cur- If I may ask the chairman in a brief quately brief all the Members on both rently informed’’ in the law means for colloquy if the chairman will work sides of the aisle, not just so-called briefing Congress so that all informa- with me to include additional language leadership, but all the Members, as to tion necessary for Congress would be in the conference report calling for a the ongoing activities with respect to provided, and it explicitly requires that report that examines the extent of our intelligence systems throughout all committee members be notified in criminal activity among intelligence this world. general, not just selected members. community contractors and assesses I think that the American people It requires guidelines for the imple- the effects of hiring contracting com- need to be assured that as we go for- mentation of a multilevel security panies that are responsible for serious ward in these very dangerous and un- clearance to increase linguistic and legal violations. certain times that there are certain in- cultural expertise. It would require re- Mr. REYES. Will the gentlewoman dividuals in this House that have, as ports on the use of contractors, on yield? the law intends, the opportunity to be workforce diversity, on foreign lan- Ms. SCHAKOWSKY. Yes. fully informed and make sound judg- guage proficiency, on the protection of Mr. REYES. The answer is yes. I will ments about what is appropriate and intelligence officers’ identities. be happy to work with you in con- what is not. There are a number of good features. ference. Frankly, as a member of this com- This is a good bill that strengthens our Ms. SCHAKOWSKY. Well, thank you, mittee, I am somewhat frustrated by oversight of the intelligence commu- Mr. Chairman. And I am happy to sup- the lack of total input, the lack of nity. We do have a long way to go to port this legislation. total briefing that has occurred from provide the kind of oversight needed Mr. HOEKSTRA. At this time I would the administration side, and I look for- after many years when the intelligence like to continue to reserve the balance ward to a better day. community got almost every wish, bil- of my time. I think tomorrow can help us to fur- lions of dollars with insufficient jus- Mr. REYES. Mr. Chairman, can I in- ther improve this bill. We have the op- tification. quire as to the time on both sides. portunity now, through the conference I do support the bill and urge that The CHAIRMAN. The gentleman process, to continue to improve upon my colleagues do as well. from Texas has 71⁄2 minutes, and the it, to continue to make sure that the gentleman from Michigan has 10 min- end product that we send to the other b 1400 utes. end of Pennsylvania Avenue, to the Mr. HOEKSTRA. Mr. Chairman, at Mr. REYES. And can I inquire of my President, is a good bill, a bill that in this point in time, I have no other colleague if he has any additional these very challenging moments of our speakers so I shall reserve the balance speakers. lives ensures the American people have of my time. Mr. HOEKSTRA. I am probably the the best possible, the most well- Mr. REYES. Mr. Chairman, I now only speaker left. I will close at the ap- resourced, and the most responsible in- yield 2 minutes to the distinguished propriate time. telligence activities we can possibly gentlewoman from Illinois (Ms. Mr. REYES. Then I will be pleased to have. SCHAKOWSKY). recognize a hardworking member of This is a very appropriate start. It Ms. SCHAKOWSKY. Mr. Chairman, our committee, the gentleman from deserves our support, and I urge all my as you know, bringing accountability Rhode Island (Mr. LANGEVIN), for 2 colleagues to support this bill. and transparency to contracting has minutes. Mr. REYES. Mr. Chairman, I now been a priority of mine, and I have (Mr. LANGEVIN asked and was given yield 2 minutes to the gentleman from worked to ensure that companies that permission to revise and extend his re- New Jersey, my colleague, Mr. RUSH we award contracts to are held respon- marks.)

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 16, 2008 CONGRESSIONAL RECORD — HOUSE H6605 Mr. LANGEVIN. I thank the chair- for the great work they have done on I am proud that this legislation ad- man for yielding, and I want to com- this bill today. dresses the threat by authorizing the mend the chairman and the ranking Mr. HOEKSTRA. I continue to re- resources our intelligence community member on their hard work on this serve. needs to meet that threat. bill, particularly staff, who also has Mr. REYES. Mr. Chairman, it is now And again, I want to thank you, worked hard on this legislation. my privilege to yield 3 minutes to the Chairman REYES, for your leadership, I rise today in strong support of H.R. gentleman from California (Mr. and urge all of the Members to support 5959, the Intelligence Authorization SCHIFF). the bill. Act for Fiscal Year 2009. Mr. SCHIFF. I thank the chairman Mr. HOEKSTRA. Mr. Chairman, I While the bill contains a number of for yielding, and rise in support of H.R. would like to just inquire of the chair- important provisions to strengthen our 5959. man of the committee, you are pre- intelligence community and enhance I want to congratulate our chairman, pared to close as well? national security that many of my col- Mr. REYES and his staff for putting the Mr. REYES. That was our last speak- leagues have already been speaking bill together. In particular, I am proud er. I am prepared to close. about, I am particularly pleased that it that this bill authorizes the funding Mr. HOEKSTRA. Thank you. I will represents a reasonable and measured that our intelligence community needs yield myself the balance of our time. response to the administration’s to help prevent terrorists from attack- I am looking forward to, and I am cybersecurity initiative. ing the United States with a nuclear glad that we have had such a collegial Now, this bill, the cybersecurity ini- device. discussion about the bill, the process tiative, is the administration’s re- A nuclear terrorist attack on the that we have gone through in the com- sponse to the cybersecurity threats United States or on our troops in the mittee, to get to the point that we are. facing the Nation. And although the field is the greatest national security Obviously, we are going to go administration has been slow in recog- threat facing our country. While part through a process of trying to improve nizing this threat, I believe the cyber of this fight occurs at our borders, the this bill while we are here on the floor initiative is a move in the right direc- intelligence community is the tip of today. I can look forward to going tion, but requires careful scrutiny. the spear, at the forefront of our ef- through that process. I look forward to Now, this bill reduces funding in se- forts to prevent a nuclear terror at- hopefully passing an improved bill out lected areas where it is not adequately tack. The many analysts and officers of of the floor, and then look forward to justified. However, recognizing that the intelligence community ensure going to conference and hope that we cybersecurity is a real and growing that we know as much as possible, not can continue this same kind of partner- threat that the Federal Government only about the terrorists who would at- ship in trying to get, not only a bill has been slow in addressing, the Intel- tack us with a nuclear device or a radi- through the House, but getting it ligence Committee has authorized ological disease, but also about those through a conference process and get- more than 90 percent of the adminis- who may sell fissile material that they ting a bill to the President that the tration’s requests. seek. This bill supports our men and President will sign. At the same time, the bill clearly women in the intelligence community It is important that the Intelligence demonstrates that the committee does as they attempt to ensure that nuclear Committees, that the House and the not intend to write the administration material stays out of the wrong hands. Senate, put their imprint on the intel- a blank check for the cybersecurity It is much easier to prevent terror- ligence community. We haven’t been initiative, which is a multi-year, ists from getting a hold of nuclear ma- multi-billion dollar project. able to do that for 3 years. It is impor- Now, we need a thorough assessment terial than prevent them from getting tant that we do it and that we do it at of the technical feasibility and nuclear material or a nuclear device this time. The intelligence community scalability of the initiative and a care- into the country. Our country is large, needs the kind of direction and the pa- ful balance between cybersecurity and our borders are porous, and we have to rameters that we have established in privacy protections. Thus, the bill en- stop the access of people who mean us this bill, to ensure that Congress can visions an advisory panel of senior rep- ill from gaining nuclear material. do its work, but also that the intel- resentatives of Congress, the Executive The bill protects Americans against ligence community can do its work Branch and industry who can tackle nuclear terrorism by funding the Nu- within a framework that has been es- these issues. clear Materials Information Program tablished by the Congress. I was co-chair of the CSIS Commis- as well, a Department of Energy-led ef- With that, Mr. Chairman, I yield sion on Cybersecurity for the 44th fort to understand how much nuclear back the balance of my time. Presidency, basically a commission material is stored worldwide, what the Mr. REYES. Mr. Chairman, I now that will present a blueprint on security is at these sites, the signa- yield myself the remainder of our time. cybersecurity for the next President. I tures of this material, also a key ingre- Mr. Chairman, again, I want to say have been deeply involved in devel- dient of our nuclear forensics efforts. how much I appreciate the cooperation oping recommendations for a national But there is more that we still must and the work that the ranking member cybersecurity plan that protects, do. H.R. 1, signed into law by the Presi- has done to bring this bill to the floor. among other things, our critical infra- dent almost a year ago created the po- I want to thank staffs on both sides in structure assets and infrastructure sition of the United States Coordinator particular. I want to thank my Staff itself, as well as Federal networks and for the Prevention of Weapons of Mass Director, Mike Delaney, my Deputy also the private sector. Destruction, Proliferation and Ter- Staff Director and General Counsel, Furthermore, as a member of the rorism. We must have an individual, a Wyndee Parker, and Chief Counsel, Jer- House Intelligence Committee, and as single person who can marshal all the emy Bash, for the great work that they chairman of the Homeland Security resources and expertise to prevent the have done. Subcommittee on Emerging Threats, most horrific attack imaginable. How- And I also want to thank our Vice Cybersecurity and Science Technology, ever, no one has been appointed to this Chair of the committee, CONGRESSMAN I will continue to ensure and exercise post. It remains vacant. I urge the LEONARD BOSWELL, who, unfortunately, rigorous congressional oversight over President to fill this position as soon was unable to accompany us here today this issue as it evolves. as possible. because he is recuperating in the hos- The measure before us is an impor- Nuclear terrorism is the preeminent pital. All of us wish him well and we tant first step in addressing our threat of our time, and all efforts have want to see him back as soon as pos- cybersecurity threats and closing that to be made to mitigate that threat. sible. He is a hard worker and contrib- vulnerability and it is, obviously, a What we need to do is imagine what a utes a lot to our committee. critical national security issue. And I post-nuclear 9/11 Commission report And I also want to say that this is a urge my colleagues to support passage would look like, what would its rec- good, solid bill. This is the kind of ef- of this bill. ommendations be? And we have to im- fort that our men and women in the in- Again, I commend Chairman REYES plement those recommendations now; telligence community serving us for his leadership, and also thank staff not wait until there is a calamity. proudly throughout the world deserve.

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6606 CONGRESSIONAL RECORD — HOUSE July 16, 2008 Each and every one of them gives their I strongly oppose this bill. Second, the bill would require an assess- best effort, and they deserve the re- Mr. PRICE of North Carolina. Mr. Chairman, ment of the number and cost of contractors spect and the support of every Member I rise in support of H.R. 5959, the Fiscal Year employed by the intelligence community, the of this body and everyone in this coun- 2009 Intelligence Authorization Act, and the types of activities being performed by contrac- try. We thank them for the effort that important measures to strengthen oversight tors, an analysis of cost savings, and a de- they put forward, and we appreciate and accountability of contractors that the bill scription of mechanisms available for ensuring the commitment, the dedication and includes. oversight and accountability. This assessment their professionalism, as well as the I want to first thank Intelligence Committee will give Congress the data we need to ascer- sacrifices that their families provide Chairman SILVESTRE REYES for his leadership tain whether the use of contractors for certain for our great country. in crafting this bill. Chairman REYES very gra- activities is beneficial and what reforms may With that, Mr. Chairman, I want to ciously worked with me to include in this bill be needed. say that it has been a privilege to lead major portions of legislation I recently intro- Third, the bill would require the Director of this committee. We have great Mem- duced along with Representative JAN National Intelligence to assess the appro- bers on both sides that care very much SCHAKOWSKY, H.R. 5973, the Transparency priateness of using contractors for especially about our national security and work and Accountability in Intelligence Contracting sensitive activities, including intelligence col- very hard on all the issues that are im- Act. lection, intelligence analysis, interrogation, de- portant to our country and our na- For the last several years, I have been tention, and rendition. It will also require infor- tional security. working to correct a serious lack of attention mation on how many contractors are currently Mr. KUCINICH. Mr. Chairman, I want to to the management and oversight of contrac- employed in the performance of these activi- thank all of those who serve our country tors in the Intelligence Community. Press re- ties. Giving the head of the intelligence com- through the gathering of intelligence for the ports indicate that roughly half of the Intel- munity the chance to explain the reasoning protection of the American people. I appre- ligence Community’s budget is now contracted behind this widespread contracting will allow ciate their dedication and their attention to the out, yet there is little understanding of where the Congress to carefully weigh the appro- gathering facts for deliberations related to our the money goes, what kinds of activities con- priate limits for intelligence outsourcing. national security. tractors are performing, whether this con- These provisions are not overly prescriptive Regrettably, the current administration has tracting saves taxpayer money, and whether or restrictive. We fully recognize that the Intel- destroyed the credibility of the Intelligence the contracted activities are appropriate for pri- ligence Community needs flexibility and agility Community through the fabrication of intel- vate corporations to perform. Additionally, ac- to be able to obtain and deliver to decision- ligence. The Bush administration continues a countability for misconduct by contractors has makers accurate and timely intelligence about relentless pursuit of a self-serving agenda been seriously deficient. matters involving extremely high stakes. Rath- rather than an agenda that serves the best in- This rush to outsource sensitive government er, this bill gives us the tools we need to ini- terests of the American people. functions has placed private contractors at the No single example can more clearly illus- tiate a conversation about how we can better center of some of the most significant national trate this point than the administration’s fal- organize, manage, and oversee contractors. It controversies in recent years. Contractors sification and cherry-picking of intelligence to is a first step toward ending the abuses of the have been accused of torturing or abusing for- build a phony case for the war in Iraq. past. eign detainees, including the practice of Through the manipulation of intelligence, the Again, I thank Chairman REYES and his col- waterboarding high-level suspects. Contractors administration sold a war to the American pub- leagues on the Intelligence Committee for rec- have participated in warrantless electronic sur- lic based on false statements that included a ognizing the importance of addressing con- veillance and data-mining programs targeting connection between Iraq and al Qaeda, Iraq tractor issues in the intelligence community. I and 9/11, as well as false claims that Iraq had U.S. citizens. Contractors have been deeply look forward to continuing to work with him on weapons of mass destruction and intentions to involved in the analysis of critical intelligence this issue. attack the U.S. on Iraq and al Qaeda, including, reportedly, I urge my colleagues to support this legisla- As long as President Bush remains in office the preparation of the President’s Daily Brief tion. the intelligence budget will continue to be at on intelligence matters. Mr. BLUMENAUER. Mr. Chairman, I am risk for being used to support subversive intel- Contractors may very well have a place in pleased that the Democratic majority has ligence and provide license to the administra- the Intelligence Community, but their role must taken a thoughtful and bipartisan approach to tion to engage in criminal activity by shaping be carefully considered, thoroughly managed, this year’s Intelligence Authorization bill. I intelligence to fit corrupt policies. and strenuously overseen. A national con- have expressed my concerns about the health Under the Bush administration there have versation about the appropriate use of con- of our intelligence community and appreciate emerged several high-profile classified leaks tractors in our national security apparatus is the work that has been done to strengthen the to the media that have reemphasized the need long overdue. This is a conversation the Ad- Inspector General, increase contractor over- for reform within our intelligence agencies. ministration skipped over as it was imple- sight, and invest in the training of our From these media leaks, we not only became menting this major shift in the way we conduct operatives. aware of the efforts to manipulate intelligence intelligence operations, but for the sake of the However, I am deeply troubled that this bill and to falsify a cause for war against Iraq but integrity of our national defense, we must col- does not contain a prohibition on torture, we also became aware of the illegal NSA do- lectively scrutinize this practice and set clear which I believe is absolutely critical. Torture mestic wiretapping program without a court boundaries. violates not only the laws and values of our order. We became aware of the rumored CIA H.R. 5959 begins to put Intelligence Com- country, but all standards of decent human detention centers in Eastern Europe, and the munity contracting back on a rational and sta- conduct. I have consistently spoken out CIA’s extraordinary rendition program, used to ble footing. It incorporates a number of provi- against the stonewalling and equivocation sur- transport suspects to other nations with less sions for which I have advocated. Let me rounding this administration’s ‘‘interrogation’’ of restrictive torture policies. It is regrettable that highlight just a few examples. detainees. I find it appalling that it has fallen intelligence is often reshaped to fit doctrine in- First, the legislation would explicitly prohibit solely to the legislative and judicial branches stead of doctrine being reshaped in the face of the use of contractors for the performance of to set interrogation and detention standards the facts of intelligence. interrogations. Interrogations should be carried worthy of our Nation. Furthermore, this bill will not stop unilateral out by individuals who are well-trained, fall Yet I remain hopeful that the abuses of this covert U.S. intelligence operations aimed at within a clear chain of command, and have a administration will be checked by wise and bringing about regime change in Iran. As re- sworn loyalty to the United States—not by cor- thoughtful policy. I applauded the recent ported in a recent article in The New Yorker, porate, for-profit contractors. Given how deli- ‘‘Boumediene v. Bush’’ Supreme Court ruling the Bush administration is already engaged in cate such interrogations are, and how critical that guarantees Guantanamo Bay detainees collecting covert intelligence on Iran’s alleged the intelligence they obtain might be, I believe the right of habeas corpus. Further, I believe nuclear weapons program instead of engaging that drawing this red line is a commonsense that extending the rules of the Army Field Iran in high-level diplomatic negotiations with- step with which all members should agree. Manual to U.S. intelligence personnel sends a out preconditions. The administration has The House passed a similar restriction on clear signal that we have broken with and are made clear their thirst for a war with Iran. The Defense Department contractors as part of the rolling back the abuses of this administration. opportunity for unscrupulous tactics by this ad- Defense Authorization bill in May. This bill I support a great deal of what this bill in- ministration with respect to Iran clearly exists would appropriately extend that limit to intel- cludes, yet my greatest concern is with what as long as this body stands idly by. ligence contractors outside the DoD. this bill omits. It is my hope that Congress will

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 16, 2008 CONGRESSIONAL RECORD — HOUSE H6607 come together in conference to send a mes- Sec. 315. Extension of authority to delete infor- Subtitle D—Other Elements sage to this administration and the world at mation about receipt and disposi- Sec. 441. Clarification of inclusion of Coast large that Americans do not approve of, and tion of foreign gifts and decora- Guard and Drug Enforcement Ad- tions. ministration as elements of the in- will not stand for, torture. Sec. 316. Report on compliance with the De- Mr. REYES. I yield back the balance telligence community. tainee Treatment Act of 2005 and Sec. 442. Report on transformation of the intel- of my time. related provisions of the Military ligence capabilities of the Federal The Acting CHAIRMAN (Mr. ROSS). Commissions Act of 2006. Bureau of Investigation. All time for general debate has expired. Sec. 317. Incorporation of reporting require- TITLE V—OTHER MATTERS ments. Pursuant to the rule, the amendment Subtitle A—General Intelligence Matters in the nature of a substitute printed in Sec. 318. Repeal of certain reporting require- Sec. 501. Extension of National Commission for the bill shall be considered as an origi- ments. Sec. 319. Enhancement of critical skills training the Review of the Research and nal bill for the purpose of amendment program. Development Programs of the under the 5-minute rule and shall be Sec. 320. Comprehensive national cybersecurity United States Intelligence Com- considered read. initiative advisory panel. munity. The text of the committee amend- TITLE IV—MATTERS RELATING TO ELE- Sec. 502. Amendments to the National Security ment is as follows: MENTS OF THE INTELLIGENCE COMMU- Act of 1947. Sec. 503. Report on financial intelligence on NITY H.R. 5959 terrorist assets. Be it enacted by the Senate and House of Rep- Subtitle A—Office of the Director of National Sec. 504. Notice of intelligence regarding North resentatives of the United States of America in Intelligence Korea and China. Congress assembled, Sec. 401. Clarification of limitation on coloca- Sec. 505. Sense of Congress regarding use of in- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tion of the Office of the Director telligence resources. (a) SHORT TITLE.—This Act may be cited as of National Intelligence. Subtitle B—Technical Amendments the ‘‘Intelligence Authorization Act for Fiscal Sec. 402. Membership of the Director of Na- Sec. 511. Technical amendment to the Central Year 2009’’. tional Intelligence on the Trans- Intelligence Agency Act of 1949. (b) TABLE OF CONTENTS.—The table of con- portation Security Oversight Sec. 512. Technical amendments relating to the tents for this Act is as follows: Board. multiyear National Intelligence Sec. 1. Short title; table of contents. Sec. 403. Additional duties of the Director of Program. Sec. 2. Definitions. Science and Technology. Sec. 513. Technical clarification of certain ref- Sec. 404. Leadership and location of certain of- erences to Joint Military Intel- TITLE I—BUDGET AND PERSONNEL fices and officials. AUTHORIZATIONS ligence Program and Tactical In- Sec. 405. Plan to implement recommendations of telligence and Related Activities. Sec. 101. Authorization of appropriations. the data center energy efficiency Sec. 514. Technical amendments to the National Sec. 102. Classified Schedule of Authorizations. reports. Security Act of 1947. Sec. 103. Personnel ceiling adjustments. Sec. 406. Semiannual reports on nuclear pro- Sec. 515. Technical amendments to the Intel- Sec. 104. Intelligence Community Management grams of Iran, Syria, and North ligence Reform and Terrorism Pre- Account. Korea. vention Act of 2004. Sec. 105. Limitation on the use of covert action Sec. 407. Title of Chief Information Officer of Sec. 516. Technical amendments to the Execu- funds. the Intelligence Community. tive Schedule. Sec. 106. Prohibition on use of funds to imple- Sec. 408. Inspector General of the Intelligence Sec. 517. Technical amendments relating to the ment ‘‘5 and out’’ program of the Community. National Geospatial-Intelligence Federal Bureau of Investigation. Sec. 409. Annual report on foreign language Agency. TITLE II—CENTRAL INTELLIGENCE AGEN- proficiency in the intelligence SEC. 2. DEFINITIONS. CY RETIREMENT AND DISABILITY SYS- community. In this Act: TEM Sec. 410. Repeal of certain authorities relating (1) CONGRESSIONAL INTELLIGENCE COMMIT- to the Office of the National Sec. 201. Authorization of appropriations. TEES.—The term ‘‘congressional intelligence Counterintelligence Executive. Sec. 202. Technical modification to mandatory committees’’ means— Sec. 411. National intelligence estimate on retirement provision of the Cen- (A) the Select Committee on Intelligence of the weapons of mass destruction in tral Intelligence Agency Retire- Senate; and Syria. ment Act. (B) the Permanent Select Committee on Intel- Sec. 412. Report on intelligence resources dedi- ligence of the House of Representatives. TITLE III—GENERAL INTELLIGENCE cated to Iraq and Afghanistan. (2) INTELLIGENCE COMMUNITY.—The term ‘‘in- COMMUNITY MATTERS Sec. 413. Ombudsman for intelligence commu- telligence community’’ has the meaning given Subtitle A—Personnel Matters nity security clearances. that term in section 3(4) of the National Security Sec. 301. Increase in employee compensation Sec. 414. Security clearance reciprocity. Act of 1947 (50 U.S.C. 401a(4)). Sec. 415. Report on international traffic in arms and benefits authorized by law. TITLE I—BUDGET AND PERSONNEL Sec. 302. Enhanced flexibility in nonreimburs- regulations. Sec. 416. Report on nuclear trafficking. AUTHORIZATIONS able details to elements of the in- Sec. 417. Study on revoking pensions of persons SEC. 101. AUTHORIZATION OF APPROPRIATIONS. telligence community. who commit unauthorized disclo- Funds are hereby authorized to be appro- Sec. 303. Multi-level security clearances. sures of classified information. priated for fiscal year 2009 for the conduct of Sec. 304. Delegation of authority for travel on Subtitle B—Central Intelligence Agency the intelligence and intelligence-related activi- common carriers for intelligence ties of the following elements of the United Sec. 421. Review of covert action programs by collection personnel. States Government: Sec. 305. Annual personnel level assessments for Inspector General of the Central (1) The Office of the Director of National In- the intelligence community. Intelligence Agency. telligence. Sec. 306. Comprehensive report on intelligence Sec. 422. Inapplicability to Director of the Cen- (2) The Central Intelligence Agency. community contractors. tral Intelligence Agency of re- (3) The Department of Defense. Sec. 307. Report on proposed pay for perform- quirement for annual report on (4) The Defense Intelligence Agency. ance intelligence community per- progress in auditable financial (5) The National Security Agency. sonnel management system. statements. (6) The Department of the Army, the Depart- Sec. 308. Report on plans to increase diversity Sec. 423. Technical amendments relating to ti- ment of the Navy, and the Department of the within the intelligence commu- tles of certain Central Intelligence Air Force. nity. Agency positions. (7) The Coast Guard. Sec. 309. Report on security clearance deter- Sec. 424. Clarifying amendments relating to sec- (8) The Department of State. minations. tion 105 of the Intelligence Au- (9) The Department of the Treasury. Subtitle B—Other Matters thorization Act for Fiscal Year (10) The Department of Energy. 2004. (11) The Department of Justice. Sec. 311. Restriction on conduct of intelligence Sec. 425. Prohibition on the use of private con- (12) The Federal Bureau of Investigation. activities. tractors for interrogations involv- (13) The Drug Enforcement Administration. Sec. 312. Clarification of definition of intel- (14) The National Reconnaissance Office. ing persons in the custody or con- ligence community under the Na- (15) The National Geospatial-Intelligence trol of the Central Intelligence tional Security Act of 1947. Agency. Agency. Sec. 313. Modification of availability of funds (16) The Department of Homeland Security. for different intelligence activi- Subtitle C—Defense Intelligence Components SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- ties. Sec. 431. Integration of the Counterintelligence TIONS. Sec. 314. Protection of certain national security Field Activity into the Defense In- (a) SPECIFICATIONS OF AMOUNTS AND PER- information. telligence Agency. SONNEL LEVELS.—The amounts authorized to be

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appropriated under section 101 and, subject to (c) CONSTRUCTION OF AUTHORITIES.—The au- section 904(g)(2) of the Counterintelligence En- section 103, the authorized personnel ceilings as thorities available to the Director of National hancement Act of 2002 (title IX of Public Law of September 30, 2009, for the conduct of the in- Intelligence under section 103 are also available 107–306; 50 U.S.C. 402c(g)(2)) and notwith- telligence activities of the elements listed in to the Director for the adjustment of personnel standing any other provision of law, in any fis- paragraphs (1) through (16) of section 101, are levels within the Intelligence Community Man- cal year after fiscal year 2008 an officer or em- those specified in the classified Schedule of Au- agement Account. ployee of the United States or member of the thorizations prepared to accompany the con- (d) CLASSIFIED AUTHORIZATIONS.— Armed Forces may be detailed to the staff of an ference report on the bill H.R. 5959 of the One (1) AUTHORIZATION OF APPROPRIATIONS.—In element of the intelligence community funded Hundred Tenth Congress. addition to amounts authorized to be appro- through the Community Management Account (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF priated for the Intelligence Community Manage- from another element of the United States Gov- AUTHORIZATIONS.—The classified Schedule of ment Account by subsection (a), there are au- ernment on a reimbursable or nonreimbursable Authorizations referred to in subsection (a) thorized to be appropriated for the Community basis, as jointly agreed to by the Director of Na- shall be made available to the Committee on Ap- Management Account for fiscal year 2009 such tional Intelligence and the head of the detailing propriations of the Senate, the Committee on additional amounts as are specified in the clas- element (or the designees of such officials), for Appropriations of the House of Representatives, sified Schedule of Authorizations referred to in a period not to exceed 2 years. and to the President. The President shall pro- section 102(a). Such additional amounts for ad- SEC. 303. MULTI-LEVEL SECURITY CLEARANCES. vide for suitable distribution of the Schedule, or vanced research and development shall remain (a) IN GENERAL.—Section 102A of the National of appropriate portions of the Schedule, within available until September 30, 2010. Security Act of 1947 (50 U.S.C. 403–1) is amended (2) AUTHORIZATION OF PERSONNEL.—In addi- the executive branch. by adding at the end the following new sub- tion to the personnel authorized by subsection (c) EARMARKS.— section: (b) for elements of the Intelligence Community (1) IN GENERAL.—Nothing in the classified ‘‘(s) MULTI-LEVEL SECURITY CLEARANCES.— Management Account as of September 30, 2009, Schedule of Authorizations, the joint explana- The Director of National Intelligence shall be there are authorized such additional personnel tory statement to accompany the conference re- responsible for ensuring that the elements of the for the Community Management Account as of port on the bill H.R. 5959 of the One Hundred intelligence community adopt a multi-level secu- that date as are specified in the classified Tenth Congress, or the classified annex to this rity clearance approach in order to enable the Schedule of Authorizations referred to in section Act, shall be construed to authorize or require intelligence community to make more effective 102(a). the expenditure of funds for an earmarked pur- and efficient use of persons proficient in foreign SEC. 105. LIMITATION ON THE USE OF COVERT languages or with cultural, linguistic, or other pose. ACTION FUNDS. (2) EARMARKED PURPOSE DEFINED.—In this subject matter expertise that is critical to na- (a) IN GENERAL.—Not more than 25 percent of tional security.’’. subsection, the term ‘‘earmarked purpose’’ the funds authorized to be appropriated by this means a provision or report language included (b) IMPLEMENTATION.—The Director of Na- Act for the National Intelligence Program for tional Intelligence shall issue guidelines to the primarily at the request of a Member, Delegate, covert actions may be obligated or expended intelligence community on the implementation Resident Commissioner of the House of Rep- until the date on which each member of the con- of subsection (s) of section 102A of the National resentatives or a Senator providing, authorizing, gressional intelligence committees has been fully Security Act of 1947, as added by subsection (a), or recommending a specific amount of discre- and currently briefed on all authorizations for not later than 90 days after the date of the en- tionary budget authority, credit authority, or covert actions in effect on April 24, 2008. actment of this Act. other spending authority for a contract, loan, (b) COVERT ACTION DEFINED.—In this section, loan guarantee, grant, loan authority, or other SEC. 304. DELEGATION OF AUTHORITY FOR TRAV- the term ‘‘covert action’’ has the meaning given EL ON COMMON CARRIERS FOR IN- expenditure with or to an entity, or targeted to the term in section 503(g) of the National Secu- TELLIGENCE COLLECTION PER- a specific State, locality, or Congressional dis- rity Act of 1947 (50 U.S.C. 413b(e)). SONNEL. trict, other than through a statutory or adminis- SEC. 106. PROHIBITION ON USE OF FUNDS TO IM- (a) DELEGATION OF AUTHORITY.—Section trative formula-driven or competitive award PLEMENT ‘‘5 AND OUT’’ PROGRAM OF 116(b) of the National Security Act of 1947 (50 process. THE FEDERAL BUREAU OF INVES- U.S.C. 404k(b)) is amended— SEC. 103. PERSONNEL CEILING ADJUSTMENTS. TIGATION. (1) by inserting ‘‘(1)’’ before ‘‘The Director’’; None of the funds authorized to be appro- (a) AUTHORITY FOR INCREASES.—With the ap- (2) in paragraph (1), as designated by para- priated in this Act may be used to implement the proval of the Director of the Office of Manage- graph (1) of this subsection, by striking ‘‘may program of the Federal Bureau of Investigation ment and Budget, the Director of National In- only delegate’’ and all that follows and insert- requiring the mandatory reassignment of a su- telligence may authorize employment of civilian ing ‘‘may delegate the authority in subsection pervisor of the Bureau after such supervisor personnel in excess of the number authorized for (a) to the head of any other element of the intel- serves in a management position for 5 years fiscal year 2009 by the classified Schedule of Au- ligence community.’’; and (commonly known as the ‘‘5 and out’’ program). (3) by adding at the end the following new thorizations referred to in section 102(a) if the paragraph: Director of National Intelligence determines that TITLE II—CENTRAL INTELLIGENCE AGEN- CY RETIREMENT AND DISABILITY SYS- ‘‘(2) The head of an element of the intelligence such action is necessary to the performance of community to whom the authority in subsection important intelligence functions, except that the TEM SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (a) is delegated pursuant to paragraph (1) may number of personnel employed in excess of the further delegate such authority to such senior number authorized under such section may not, There is authorized to be appropriated for the Central Intelligence Agency Retirement and Dis- officials of such element as are specified in for any element of the intelligence community, guidelines prescribed by the Director of National exceed 3 percent of the number of civilian per- ability Fund for fiscal year 2009 the sum of $279,200,000. Intelligence for purposes of this paragraph.’’. sonnel authorized under such Schedule for such (b) SUBMISSION OF GUIDELINES TO CON- SEC. 202. TECHNICAL MODIFICATION TO MANDA- element. GRESS.—Not later than 6 months after the date (b) NOTICE TO CONGRESSIONAL INTELLIGENCE TORY RETIREMENT PROVISION OF THE CENTRAL INTELLIGENCE AGEN- of the enactment of this Act, the Director of Na- COMMITTEES.—The Director of National Intel- CY RETIREMENT ACT. tional Intelligence shall prescribe and submit to ligence shall notify the congressional intel- Subparagraph (A) of section 235(b)(1) of the the congressional intelligence committees the ligence committees in writing at least 15 days Central Intelligence Agency Retirement Act (50 guidelines referred to in paragraph (2) of section prior to each exercise of an authority described U.S.C. 2055(b)(1)) is amended by striking ‘‘re- 116(b) of the National Security Act of 1947, as in subsection (a). ceiving compensation under the Senior Intel- added by subsection (a). SEC. 104. INTELLIGENCE COMMUNITY MANAGE- ligence Service pay schedule at the rate’’ and SEC. 305. ANNUAL PERSONNEL LEVEL ASSESS- MENT ACCOUNT. inserting ‘‘who is at the Senior Intelligence MENTS FOR THE INTELLIGENCE (a) AUTHORIZATION OF APPROPRIATIONS.— Service rank’’. COMMUNITY. There is authorized to be appropriated for the TITLE III—GENERAL INTELLIGENCE (a) IN GENERAL.—Title V of the National Se- Intelligence Community Management Account COMMUNITY MATTERS curity Act of 1947 (50 U.S.C. 413 et seq.) is of the Director of National Intelligence for fiscal amended by inserting after section 506A the fol- Subtitle A—Personnel Matters year 2009 the sum of $648,842,000. Within such lowing new section: SEC. 301. INCREASE IN EMPLOYEE COMPENSA- amount, funds identified in the classified Sched- ‘‘ANNUAL PERSONNEL LEVEL ASSESSMENT FOR THE ule of Authorizations referred to in section TION AND BENEFITS AUTHORIZED BY LAW. INTELLIGENCE COMMUNITY 102(a) for advanced research and development Appropriations authorized by this Act for sal- ‘‘SEC. 506B. (a) REQUIREMENT TO PROVIDE.— shall remain available until September 30, 2010. ary, pay, retirement, and other benefits for Fed- The Director of National Intelligence shall, in (b) AUTHORIZED PERSONNEL LEVELS.—The ele- eral employees may be increased by such addi- consultation with the head of the element of the ments within the Intelligence Community Man- tional or supplemental amounts as may be nec- intelligence community concerned, prepare an agement Account of the Director of National In- essary for increases in such compensation or annual personnel level assessment for such ele- telligence are authorized 772 full-time or full- benefits authorized by law. ment of the intelligence community that assesses time equivalent personnel as of September 30, SEC. 302. ENHANCED FLEXIBILITY IN NON- the personnel levels for each such element for 2009. Personnel serving in such elements may be REIMBURSABLE DETAILS TO ELE- the fiscal year following the fiscal year in which permanent employees of the Office of the Direc- MENTS OF THE INTELLIGENCE COM- the assessment is submitted. tor of National Intelligence or personnel de- MUNITY. ‘‘(b) SCHEDULE.—Each assessment required by tailed from other elements of the United States Except as provided in section 113 of the Na- subsection (a) shall be submitted to the congres- Government. tional Security Act of 1947 (50 U.S.C. 404h) and sional intelligence committees each year along

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6333 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 16, 2008 CONGRESSIONAL RECORD — HOUSE H6609 with the budget submitted by the President standards required regarding the hiring, train- SEC. 308. REPORT ON PLANS TO INCREASE DI- under section 1105 of title 31, United States ing, security clearance, and assignment of con- VERSITY WITHIN THE INTELLIGENCE Code. tract personnel and how those standards may COMMUNITY. ‘‘(c) CONTENTS.—Each assessment required by differ from those for government employees per- (a) REQUIREMENT FOR REPORT.—Not later subsection (a) submitted during a fiscal year forming substantially similar functions; than November 1, 2008, the Director of National shall contain, at a minimum, the following in- (B) an identification of contracts where the Intelligence, in coordination with the heads of formation for the element of the intelligence contractor is performing a substantially similar the elements of the intelligence community, shall community concerned: functions to a government employee; submit to the congressional intelligence commit- ‘‘(1) The budget submission for personnel costs (C) an assessment of costs incurred or savings tees a report on the plans of each element to in- for the upcoming fiscal year. achieved by awarding contracts for the perform- crease diversity within the intelligence commu- ‘‘(2) The dollar and percentage increase or de- ance of such functions referred to in subpara- nity. crease of such costs as compared to the per- graph (B) instead of using full-time employees (b) CONTENT.—The report required by sub- sonnel costs of the current fiscal year. of the elements of the intelligence community to section (a) shall include specific implementation ‘‘(3) The dollar and percentage increase or de- perform such functions; plans to increase diversity within each element crease of such costs as compared to the per- (D) an assessment of the appropriateness of of the intelligence community, including— sonnel costs during the prior 5 fiscal years. using contractors to perform the activities de- (1) specific implementation plans for each ‘‘(4) The number of personnel positions re- scribed in paragraph (2); such element designed to achieve the goals ar- quested for the upcoming fiscal year. (E) an estimate of the number of contracts, ticulated in the strategic plan of the Director of ‘‘(5) The numerical and percentage increase or and the number of personnel working under National Intelligence on equal employment op- decrease of such number as compared to the such contracts, related to the performance of ac- portunity and diversity; number of personnel positions of the current fis- tivities described in paragraph (2); (2) specific plans and initiatives for each such cal year. (F) a comparison of the compensation of con- element to increase recruiting and hiring of di- ‘‘(6) The numerical and percentage increase or tract employees and government employees per- verse candidates; decrease of such number as compared to the forming substantially similar functions; (3) specific plans and initiatives for each such number of personnel positions during the prior 5 (G) an analysis of the attrition of government element to improve retention of diverse Federal fiscal years. personnel for contractor positions that provide employees at the junior, midgrade, senior, and ‘‘(7) The best estimate of the number and costs substantially similar functions; management levels; of contractors to be funded by the element for (H) a description of positions that will be con- (4) a description of specific diversity aware- the upcoming fiscal year. verted from contractor employment to govern- ness training and education programs for senior ‘‘(8) The numerical and percentage increase or ment employment; officials and managers of each such element; decrease of such costs of contractors as com- and pared to the best estimate of the costs of con- (I) an analysis of the oversight and account- (5) a description of performance metrics to tractors of the current fiscal year. ability mechanisms applicable to personal serv- measure the success of carrying out the plans, ‘‘(9) The numerical and percentage increase or ices contracts awarded for intelligence activities initiatives, and programs described in para- decrease of such costs of contractors as com- by each element of the intelligence community graphs (1) through (4). pared to the cost of contractors, and the number during fiscal years 2006 and 2007; of contractors, during the prior 5 fiscal years. (J) an analysis of procedures in use in the in- SEC. 309. REPORT ON SECURITY CLEARANCE DE- ‘‘(10) A written justification for the requested telligence community for conducting oversight of TERMINATIONS. personnel and contractor levels. contractors to ensure identification and pros- (a) IN GENERAL.—Title V of the National Se- ‘‘(11) The number of intelligence collectors ecution of criminal violations, financial waste, curity Act of 1947 (50 U.S.C. 413 et seq.) is and analysts employed or contracted by each fraud, or other abuses committed by contractors amended by adding at the end the following element of the intelligence community. or contract personnel; and new section: (K) an identification of best practices for over- ‘‘(12) A list of all contractors that have been ‘‘REPORT ON SECURITY CLEARANCE sight and accountability mechanisms applicable the subject of an investigation completed by the DETERMINATIONS Inspector General of any element of the intel- to personal services contracts. ‘‘SEC. 508. Not later than February 1 of each ligence community during the preceding fiscal (2) ACTIVITIES.—Activities described in this paragraph are the following: year, the Director of the Office of Management year, or are or have been the subject of an in- and Budget shall submit to Congress a report on (A) Intelligence collection. vestigation by such an Inspector General during security clearance determinations completed or (B) Intelligence analysis. the current fiscal year. ongoing during the preceding fiscal year that ‘‘(13) A statement by the Director of National (C) Covert actions, including rendition, deten- have taken longer than one year to complete. Intelligence that, based on current and pro- tion, and interrogation activities. Such report shall include— jected funding, the element concerned will have SEC. 307. REPORT ON PROPOSED PAY FOR PER- ‘‘(1) the number of security clearance deter- sufficient— FORMANCE INTELLIGENCE COMMU- minations for positions as employees of the Fed- ‘‘(A) internal infrastructure to support the re- NITY PERSONNEL MANAGEMENT eral Government that required more than one quested personnel and contractor levels; SYSTEM. year to complete; ‘‘(B) training resources to support the re- (a) PROHIBITION ON PAY FOR PERFORMANCE ‘‘(2) the number of security clearance deter- quested personnel levels; and UNTIL REPORT.—The Director of National Intel- ‘‘(C) funding to support the administrative ligence and the head of an element of the intel- minations for contractors that required more and operational activities of the requested per- ligence community may not implement a plan than one year to complete; sonnel levels.’’. that provides compensation to personnel of that ‘‘(3) the agencies that investigated and adju- (b) CLERICAL AMENDMENT.—The table of con- element of the intelligence community based on dicated such determinations; and tents in the first section of that Act is amended performance until the date that is 45 days after ‘‘(4) the cause of significant delays in such de- by inserting after the item relating to section the date on which the Director of National In- terminations.’’. 506A the following new item: telligence submits a report for that element (b) CONFORMING AMENDMENT.—The table of ‘‘Sec. 506B. Annual personnel level assessment under subsection (b). contents in the first section of the National Se- for the intelligence community.’’. (b) REPORT.—The Director of National Intel- curity Act of 1947 (50 U.S.C. 401 et seq.) is fur- ther amended by inserting after the item relat- SEC. 306. COMPREHENSIVE REPORT ON INTEL- ligence shall submit to Congress a report on per- LIGENCE COMMUNITY CONTRAC- formance-based compensation for each element ing to section 507 the following new item: TORS. of the intelligence community, including, with ‘‘Sec. 508. Report on security clearance deter- (a) REQUIREMENT FOR REPORT.—Not later respect to each such element— minations.’’. than November 1, 2008, the Director of National (1) a description of a proposed employee advi- Subtitle B—Other Matters Intelligence shall submit to the congressional in- sory group to advise management on the imple- telligence committees a report describing the use mentation and management of a pay for per- SEC. 311. RESTRICTION ON CONDUCT OF INTEL- of personal services contracts across the intel- formance system in that element, including the LIGENCE ACTIVITIES. ligence community, the impact of such contrac- scope of responsibility of the group and the plan The authorization of appropriations by this tors on the intelligence community workforce, for the element for ensuring diversity in the se- Act shall not be deemed to constitute authority plans for conversion of contractor employment lection of members of the advisory group; for the conduct of any intelligence activity into government employment, and the account- (2) a certification that all managers who will which is not otherwise authorized by the Con- ability mechanisms that govern the performance participate in setting performance standards stitution or the laws of the United States. of such contractors. and pay pool administration have been trained SEC. 312. CLARIFICATION OF DEFINITION OF IN- (b) CONTENT.— on the implementing guidance of the system and TELLIGENCE COMMUNITY UNDER (1) IN GENERAL.—The report submitted under the criteria upon which the certification is THE NATIONAL SECURITY ACT OF subsection (a) shall include— granted; and 1947. (A) a description of any relevant regulations (3) a description of an external appeals mech- Subparagraph (L) of section 3(4) of the Na- or guidance issued by the Director of National anism for employees who wish to appeal pay de- tional Security Act of 1947 (50 U.S.C. 401a(4)) is Intelligence or the head of an element of the in- cisions to someone outside the management amended by striking ‘‘other’’ the second place it telligence community relating to minimum chain of the element employing such employee. appears.

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6610 CONGRESSIONAL RECORD — HOUSE July 16, 2008 SEC. 313. MODIFICATION OF AVAILABILITY OF (B) a statement of the basis for such deter- (Public Law 107–306; 116 Stat. 2429; 21 U.S.C. FUNDS FOR DIFFERENT INTEL- mination. 873 note) is repealed. LIGENCE ACTIVITIES. (2) A description of the detention or interroga- (d) CONFORMING AMENDMENTS.—Section Subparagraph (B) of section 504(a)(3) of the tion methods, if any, the use of which has been 507(a)(2) of the National Security Act of 1947 (50 National Security Act of 1947 (50 U.S.C. discontinued pursuant to the Detainee Treat- U.S.C. 415b(a)(2)) is amended by striking sub- 414(a)(3)) is amended to read as follows: ment Act of 2005 or the Military Commission Act paragraph (D). ‘‘(B) the use of such funds for such activity of 2006, and, with respect to each such method— SEC. 319. ENHANCEMENT OF CRITICAL SKILLS supports an emergent need, improves program (A) an identification of the official making the TRAINING PROGRAM. effectiveness, or increases efficiency; and’’. determination to discontinue such method; and (a) NATIONAL SECURITY AGENCY.—Subsection SEC. 314. PROTECTION OF CERTAIN NATIONAL (B) a statement of the basis for such deter- (e) of section 16 of the National Security Agency SECURITY INFORMATION. mination. Act of 1959 (50 U.S.C. 402 note) is amended by (a) INCREASE IN PENALTIES FOR DISCLOSURE (3) A description of any actions that have striking ‘‘(1) When an employee’’ and all that OF UNDERCOVER INTELLIGENCE OFFICERS AND been taken to implement section 1004 of the De- follows through ‘‘(2) Agency efforts’’ and insert- AGENTS.— tainee Treatment Act of 2005 (119 Stat. 2740; 42 ing ‘‘Agency efforts’’. (1) DISCLOSURE OF AGENT AFTER ACCESS TO IN- U.S.C. 2000dd–1), and, with respect to each such (b) OTHER ELEMENTS OF THE INTELLIGENCE FORMATION IDENTIFYING AGENT.—Subsection (a) action— COMMUNITY.— of section 601 of the National Security Act of (A) an identification of the official taking (1) IN GENERAL.—The National Security Act of 1947 (50 U.S.C. 421) is amended by striking ‘‘ten such action; and 1947 is amended by inserting after section 1021 years’’ and inserting ‘‘15 years’’. (B) a statement of the basis for such action. (50 U.S.C. 441m) the following new section: (2) DISCLOSURE OF AGENT AFTER ACCESS TO (4) Any other matters that the Director con- ‘‘INTELLIGENCE COMMUNITY ACQUISITION OF CLASSIFIED INFORMATION.—Subsection (b) of siders necessary to fully and currently inform CRITICAL SKILLS such section is amended by striking ‘‘five years’’ the congressional intelligence committees about ‘‘SEC. 1022. (a) IN GENERAL.—The head of an and inserting ‘‘10 years’’. the implementation of the Detainee Treatment appropriate department may assign civilian em- (b) MODIFICATIONS TO ANNUAL REPORT ON Act of 2005 and related provisions of the Mili- ployees of an element of the intelligence commu- PROTECTION OF INTELLIGENCE IDENTITIES.—The tary Commissions Act of 2006. nity that is a component of such appropriate de- first sentence of section 603(a) of the National (5) An appendix containing— partment as students at accredited professional, Security Act of 1947 (50 U.S.C. 423(a)) is amend- (A) all guidelines for the application of the technical, and other institutions of higher ed by inserting ‘‘including an assessment of the Detainee Treatment Act of 2005 and related pro- learning for training at the undergraduate level need for any modification of this title for the visions of the Military Commissions Act of 2006 in skills critical to effective performance of the purpose of improving legal protections for covert to the detention or interrogation activities, if mission of such element of the intelligence com- agents,’’ after ‘‘measures to protect the identi- any, of any element of the intelligence commu- munity. ties of covert agents,’’. nity; and ‘‘(b) PAYMENT OF EXPENSES.—The head of an SEC. 315. EXTENSION OF AUTHORITY TO DELETE (B) all legal justifications of the Department appropriate department may pay, directly or by INFORMATION ABOUT RECEIPT AND of Justice, including any office thereof, about DISPOSITION OF FOREIGN GIFTS reimbursement to employees, expenses incident the meaning or application of the Detainee to assignments under subsection (a), in any fis- AND DECORATIONS. Treatment Act of 2005 or related provisions of Paragraph (4) of section 7342(f) of title 5, cal year only to the extent that appropriated the Military Commissions Act of 2006 with re- funds are available for such purpose. United States Code, is amended to read as fol- spect to the detention or interrogation activities, lows: ‘‘(c) ELIGIBILITY.— if any, of any element of the intelligence com- ‘‘(1) IN GENERAL.—To be eligible for assign- ‘‘(4)(A) In transmitting such listings for an munity. element of the intelligence community, the head ment under subsection (a), an employee of an (c) FORM.—The report required by subsection element of the intelligence community must of such element may delete the information de- (a) shall be submitted in classified form. scribed in subparagraph (A) or (C) of paragraph agree in writing— (d) SUBMISSION TO THE CONGRESSIONAL ARMED (2) or in subparagraph (A) or (C) of paragraph ‘‘(A) to continue in the service of such element SERVICES COMMITTEES.—To the extent that the (3) if the head of such element certifies in writ- for the period of the assignment and to complete report required by subsection (a) addresses an the educational course of training for which the ing to the Secretary of State that the publica- element of the intelligence community within tion of such information could adversely affect employee is assigned; the Department of Defense, that portion of the ‘‘(B) to continue in the service of such element United States intelligence sources or methods. report, and any associated material that is nec- ‘‘(B) Any information not provided to the Sec- following completion of the assignment for a pe- essary to make that portion understandable, riod of one-and-a-half years for each year of the retary of State pursuant to the authority in sub- shall also be submitted by the Director of Na- paragraph (A) shall be transmitted to the Direc- assignment or part thereof; tional Intelligence to the congressional armed ‘‘(C) to reimburse the United States for the tor of National Intelligence who shall keep a services committees. record of such information. total cost of education (excluding the employee’s (e) CONGRESSIONAL ARMED SERVICES COM- ‘‘(C) In this paragraph, the term ‘intelligence pay and allowances) provided under this section MITTEE DEFINED.—In this section, the term community’ has the meaning given the term in to the employee if, prior to the employee’s com- ‘‘congressional armed services committees’’ pleting the educational course of training for section 3(4) of the National Security Act of 1947 means— (50 U.S.C. 401a(4)).’’. which the employee is assigned, the assignment (1) the Committee on Armed Services of the or the employee’s employment with such element SEC. 316. REPORT ON COMPLIANCE WITH THE DE- Senate; and is terminated either by such element due to mis- TAINEE TREATMENT ACT OF 2005 (2) the Committee on Armed Services of the AND RELATED PROVISIONS OF THE conduct by the employee or by the employee vol- MILITARY COMMISSIONS ACT OF House of Representatives. untarily; and 2006. SEC. 317. INCORPORATION OF REPORTING RE- ‘‘(D) to reimburse the United States if, after (a) REPORT REQUIRED.—Not later than No- QUIREMENTS. completing the educational course of training vember 1, 2008, the Director of National Intel- Each requirement to submit a report to the for which the employee is assigned, the employ- ligence shall submit to the congressional intel- congressional intelligence committees that is in- ee’s employment with such element is terminated ligence committees a comprehensive report on all cluded in the classified annex to this Act is either by such element due to misconduct by the measures taken by the Office of the Director of hereby incorporated into this Act and is hereby employee or by the employee voluntarily, prior National Intelligence and by each element, if made a requirement in law. to the employee’s completion of the service obli- any, of the intelligence community with relevant SEC. 318. REPEAL OF CERTAIN REPORTING RE- gation period described in subparagraph (B), in responsibilities to comply with the provisions of QUIREMENTS. an amount that bears the same ratio to the total the Detainee Treatment Act of 2005 (title X of (a) ANNUAL CERTIFICATION ON COUNTERINTEL- cost of the education (excluding the employee’s division A of Public Law 109–148; 119 Stat. 2739) LIGENCE INITIATIVES.—Section 1102(b) of the Na- pay and allowances) provided to the employee and related provisions of the Military Commis- tional Security Act of 1947 (50 U.S.C. 442a(b)) is as the unserved portion of the service obligation sions Act of 2006 (Public Law 109–366; 120 Stat. amended— period described in subparagraph (B) bears to 2600). (1) by striking ‘‘(1)’’; and the total period of the service obligation de- (b) ELEMENTS.—The report required by sub- (2) by striking paragraph (2). scribed in subparagraph (B). section (a) shall include the following: (b) REPORT AND CERTIFICATION UNDER TER- ‘‘(2) DEBT OWING THE UNITED STATES.—Subject (1) A description of the detention or interroga- RORIST IDENTIFICATION CLASSIFICATION SYS- to paragraph (3), the obligation to reimburse the tion methods, if any, that have been determined TEM.—Section 343 of the Intelligence Authoriza- United States under an agreement described in to comply with section 1003 of the Detainee tion Act for Fiscal Year 2003 (50 U.S.C. 404n–2) paragraph (1), including interest due on such Treatment Act of 2005 (119 Stat. 2739; 42 U.S.C. is amended— obligation, is for all purposes a debt owing the 2000dd) and section 6 of the Military Commis- (1) by striking subsection (d); and United States. sions Act of 2006 (120 Stat. 2632; 18 U.S.C. 2441 (2) by redesignating subsections (e), (f), (g), ‘‘(3) REIMBURSEMENT.— note) (including the amendments made by such and (h) as subsections (d), (e), (f), and (g), re- ‘‘(A) BANKRUPTCY.—A discharge in bank- section 6), and, with respect to each such meth- spectively. ruptcy under title 11, United States Code, shall od— (c) ANNUAL REPORT ON COUNTERDRUG INTEL- not release a person from an obligation to reim- (A) an identification of the official making LIGENCE MATTERS.—Section 826 of the Intel- burse the United States required under an such determination; and ligence Authorization Act for Fiscal Year 2003 agreement described in paragraph (1) if the final

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decree of the discharge in bankruptcy is issued resentatives of Congress, the Executive Branch, ‘‘(1) ESTABLISHMENT.—The’’; and within five years after the last day of the com- and the private sector to make policy and proce- (2) by adding at the end the following new bined period of service obligation described in dural recommendations for— paragraphs: subparagraphs (A) and (B) of paragraph (1). (1) information security for the Federal Gov- ‘‘(2) DIRECTOR.—The head of the National ‘‘(B) RELEASE.—The head of an appropriate ernment; Counter Proliferation Center shall be the Direc- department may release a person, in whole or in (2) critical infrastructure; tor of the National Counter Proliferation Cen- part, from the obligation to reimburse the (3) the authorities, roles, responsibilities of the ter, who shall be appointed by the Director of United States under an agreement described in intelligence community, Department of Home- National Intelligence. paragraph (1) when, in the discretion of such land Security, and Department of Defense for ‘‘(3) LOCATION.—The National Counter Pro- head of an appropriate department, such head purposes of supporting the Comprehensive Na- liferation Center shall be located within the Of- of an appropriate department determines that tional Cybersecurity Initiative as described in fice of the Director of National Intelligence.’’. equity or the interests of the United States so re- National Security Policy Directive 54/Homeland (b) OFFICERS.—Section 103(c) of that Act (50 quire. Security Policy Directive 23 entitled U.S.C. 403–3(c)) is amended— ‘‘(C) MONTHLY PAYMENTS.—The head of an ‘‘Cybersecurity Policy’’ signed by the President (1) by redesignating paragraph (9) as para- appropriate department shall permit an em- on January 8, 2008; and graph (13); and ployee assigned under this section who, prior to (4) other matters related to paragraphs (1) (2) by inserting after paragraph (8) the fol- commencing a second academic year of such as- through (3) as the President considers appro- lowing new paragraphs: signment, voluntarily terminates the assignment priate. ‘‘(9) The Chief Information Officer of the In- telligence Community. or the employee’s employment with the element TITLE IV—MATTERS RELATING TO ELE- of the intelligence community that is a compo- ‘‘(10) The Inspector General of the Intel- MENTS OF THE INTELLIGENCE COMMU- ligence Community. nent of such appropriate department, to satisfy NITY the employee’s obligation under an agreement ‘‘(11) The Director of the National Subtitle A—Office of the Director of National described in paragraph (1) to reimburse the Counterterrorism Center. Intelligence ‘‘(12) The Director of the National Counter United States by reimbursement according to a Proliferation Center.’’. schedule of monthly payments which results in SEC. 401. CLARIFICATION OF LIMITATION ON CO- completion of reimbursement by a date five LOCATION OF THE OFFICE OF THE SEC. 405. PLAN TO IMPLEMENT RECOMMENDA- DIRECTOR OF NATIONAL INTEL- years after the date of termination of the assign- TIONS OF THE DATA CENTER EN- LIGENCE. ERGY EFFICIENCY REPORTS. ment or employment or earlier at the option of Section 103(e) of the National Security Act of (a) PLAN.—The Director of National Intel- the employee. 1947 (50 U.S.C. 403–3(e)) is amended— ligence shall develop a plan to implement the ‘‘(d) RECRUITMENT.—Efforts by an element of (1) by striking ‘‘WITH’’ and inserting ‘‘OF recommendations of the report submitted to Con- the intelligence community to recruit individ- HEADQUARTERS WITH HEADQUARTERS OF’’; gress under section 1 of the Act entitled ‘‘An Act uals at educational institutions for participation (2) by inserting ‘‘the headquarters of’’ before to study and promote the use of energy efficient in the undergraduate training program estab- ‘‘the Office’’; and computer servers in the United States’’ (Public lished by this section shall be made openly and (3) by striking ‘‘any other element’’ and in- Law 109–431; 120 Stat. 2920) across the intel- according to the common practices of univer- serting ‘‘the headquarters of any other ele- ligence community. sities and employers recruiting at such institu- ment’’. (b) REPORT.— tions. SEC. 402. MEMBERSHIP OF THE DIRECTOR OF NA- (1) IN GENERAL.—Not later then November 1, ‘‘(e) INAPPLICATION OF PROVISIONS ON TRAIN- TIONAL INTELLIGENCE ON THE 2008, the Director of National Intelligence shall ING.—Chapter 41 of title 5 and subsections (a) TRANSPORTATION SECURITY OVER- submit to the congressional intelligence commit- and (b) of section 3324 of title 31, United States SIGHT BOARD. tees a report containing the plan developed Code, shall not apply with respect to this sec- Subparagraph (F) of section 115(b)(1) of title under subsection (a). tion. 49, United States Code, is amended to read as (2) FORM.—The report under paragraph (1) ‘‘(f) REGULATIONS.—A head of the appropriate follows: shall be submitted in unclassified form, but may department assigning employees in accordance ‘‘(F) The Director of National Intelligence.’’. contain a classified annex. with this section may issue such regulations as SEC. 403. ADDITIONAL DUTIES OF THE DIRECTOR SEC. 406. SEMIANNUAL REPORTS ON NUCLEAR such head of the appropriate department con- OF SCIENCE AND TECHNOLOGY. PROGRAMS OF IRAN, SYRIA, AND siders necessary to carry out this section. Section 103E of the National Security Act of NORTH KOREA. ‘‘(g) RULES OF CONSTRUCTION.— 1947 (50 U.S.C. 403–3e) is amended— (a) REPORTS.— ‘‘(1) COMPONENT.—For purposes of this sec- (1) in subsection (c)— (1) IN GENERAL.—Title V of the National Secu- tion— (A) by redesignating paragraph (5) as para- rity Act of 1947 (50 U.S.C. 413 et seq.), as amend- ‘‘(A) the Office of the Director of National In- graph (7); ed by title III, is further amended by adding at telligence shall be considered a component of (B) in paragraph (4), by striking ‘‘and’’ at the the end the following new section: such Office; and end; and ‘‘SEMIANNUAL REPORTS ON THE NUCLEAR ‘‘(B) the Central Intelligence Agency shall be (C) by inserting after paragraph (4) the fol- PROGRAMS OF IRAN, SYRIA, AND NORTH KOREA considered a component of such Agency. lowing: ‘‘SEC. 509. (a) REQUIREMENT FOR REPORTS.— EQUIRED EDUCATION PROGRAMS.—Noth- ‘‘(2) R ‘‘(5) assist the Director in establishing goals Not less frequently than every 180 days, the Di- ing in this section shall be construed to modify, for basic, applied, and advanced research to rector of National Intelligence shall submit to affect, or supercede any provision of law requir- meet the technology needs of the intelligence the congressional intelligence committees a re- ing or otherwise authorizing or providing for a community; port on the intentions and capabilities of the Is- training program described in this section. ‘‘(6) submit to the congressional intelligence lamic Republic of Iran, the Syrian Arab Repub- ‘‘(h) APPROPRIATE DEPARTMENT DEFINED.—In committees an annual report on the science and lic, and the Democratic People’s Republic of this section, the term ‘appropriate department’ technology strategy of the Director that shows Korea, with regard to the nuclear programs of means— resources mapped to the goals of the intelligence each such country. ‘‘(1) with respect to the Office of the Director community; and’’; and ‘‘(b) CONTENT.—Each report submitted under of National Intelligence, the Office of the Direc- (2) in subsection (d)(3)— subsection (a) shall include, with respect to the tor of National Intelligence; (A) in subparagraph (A)— Islamic Republic of Iran, the Syrian Arab Re- ‘‘(2) with respect to the Central Intelligence (i) by inserting ‘‘and prioritize’’ after ‘‘coordi- public, and the Democratic People’s Republic of Agency, Central Intelligence Agency; and nate’’; and Korea— ‘‘(3) with respect to an element of the intel- (ii) by striking ‘‘; and’’ and inserting ‘‘;’’; ‘‘(1) an assessment of nuclear weapons pro- ligence community other than the Office of the (B) by redesignating subparagraph (B) as sub- grams of each such country; Director of National Intelligence and the Cen- paragraph (C); and ‘‘(2) an evaluation, consistent with existing tral Intelligence Agency, the department of the (C) by inserting after subparagraph (A) the reporting standards and practices, of the Federal Government of which such element of following new subparagraph: sources upon which the intelligence used to pre- the intelligence community is a component.’’. ‘‘(B) identify basic, advanced, and applied re- pare the assessment described in paragraph (1) (2) CONFORMING AMENDMENT.—The table of search programs to be executed by elements of is based, including the number of such sources contents in the first section of the National Se- the intelligence community; and’’. and an assessment of the reliability of each such curity Act of 1947 (50 U.S.C. 401 et seq.) is SEC. 404. LEADERSHIP AND LOCATION OF CER- source; amended by inserting after the item relating to TAIN OFFICES AND OFFICIALS. ‘‘(3) a summary of any intelligence related to section 1021 the following new item: (a) NATIONAL COUNTER PROLIFERATION CEN- any such program gathered or developed since ‘‘Sec. 1022. Intelligence community acquisition TER.—Section 119A(a) of the National Security the previous report was submitted under sub- of critical skills.’’. Act of 1947 (50 U.S.C. 404o–1(a)) is amended— section (a), including intelligence collected from SEC. 320. COMPREHENSIVE NATIONAL (1) by striking ‘‘(a) ESTABLISHMENT.—Not both open and clandestine sources for each such CYBERSECURITY INITIATIVE ADVI- later than 18 months after the date of the enact- country; and SORY PANEL. ment of the National Security Intelligence Re- ‘‘(4) a discussion of any dissents, caveats, Not later than February 1, 2009, the President form Act of 2004, the’’ and inserting the fol- gaps in knowledge, or other information that shall submit to Congress a report on options for lowing: would reduce confidence in the assessment de- creating an advisory panel comprised of rep- ‘‘(a) IN GENERAL.— scribed in paragraph (1).

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‘‘(c) NATIONAL INTELLIGENCE ESTIMATE.—The ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE ‘‘(2)(A) The Inspector General shall have ac- Director of National Intelligence may submit a COMMUNITY.—(1) There is an Inspector General cess to any employee, or any employee of a con- National Intelligence Estimate on the intentions of the Intelligence Community, who shall be the tractor, of any element of the intelligence com- and capabilities of the Islamic Republic of Iran, head of the Office of the Inspector General of munity whose testimony is needed for the per- the Syrian Arab Republic, or the Democratic the Intelligence Community, who shall be ap- formance of the duties of the Inspector General. People’s Republic of Korea in lieu of a report re- pointed by the President, by and with the ad- ‘‘(B) The Inspector General shall have direct quired by subsection (a) for that country. vice and consent of the Senate. access to all records, reports, audits, reviews, ‘‘(d) FORM.—Each report submitted under ‘‘(2) The nomination of an individual for ap- documents, papers, recommendations, or other subsection (a) may be submitted in classified pointment as Inspector General shall be made— material which relate to the programs and oper- form.’’. ‘‘(A) without regard to political affiliation; ations with respect to which the Inspector Gen- (2) APPLICABILITY DATE.—The first report re- ‘‘(B) solely on the basis of integrity, compli- eral has responsibilities under this section. quired to be submitted under section 509 of the ance with the security standards of the intel- ‘‘(C) The level of classification or National Security Act of 1947, as added by para- ligence community, and prior experience in the compartmentation of information shall not, in graph (1), shall be submitted not later than 30 field of intelligence or national security; and and of itself, provide a sufficient rationale for ‘‘(C) on the basis of demonstrated ability in days after the date of the enactment of this Act. denying the Inspector General access to any ma- accounting, financial analysis, law, manage- (b) CONFORMING AMENDMENT.—The table of terials under subparagraph (B). ment analysis, public administration, or audit- contents in the first section of the National Se- ‘‘(D) Failure on the part of any employee, or ing. any employee of a contractor, of any element of curity Act of 1947 (50 U.S.C. 401 et seq.) is ‘‘(3) The Inspector General shall report di- the intelligence community to cooperate with amended by inserting after the item relating to rectly to and be under the general supervision of the Inspector General shall be grounds for ap- section 508 the following new item: the Director of National Intelligence. propriate administrative actions by the Director ‘‘Sec. 509. Semiannual reports on the nuclear ‘‘(4) The Inspector General may be removed or, on the recommendation of the Director, other programs of Iran, Syria, and from office only by the President. The President appropriate officials of the intelligence commu- North Korea.’’. shall immediately communicate in writing to the nity, including loss of employment or the termi- SEC. 407. TITLE OF CHIEF INFORMATION OFFICER congressional intelligence committees the rea- nation of an existing contractual relationship. OF THE INTELLIGENCE COMMUNITY. sons for the removal of any individual from the ‘‘(3) The Inspector General is authorized to re- Section 103G of the National Security Act of position of Inspector General. ceive and investigate complaints or information 1947 (50 U.S.C. 403–3g) is amended— ‘‘(d) DUTIES AND RESPONSIBILITIES.—Subject from any person concerning the existence of an (1) in subsection (a), by inserting ‘‘of the In- to subsections (g) and (h), it shall be the duty activity constituting a violation of laws, rules, telligence Community’’ after ‘‘Chief Information and responsibility of the Inspector General of or regulations, or mismanagement, gross waste Officer’’; the Intelligence Community— (2) in subsection (b), by inserting ‘‘of the In- ‘‘(1) to provide policy direction for, and to of funds, abuse of authority, or a substantial telligence Community’’ after ‘‘Chief Information plan, conduct, supervise, and coordinate inde- and specific danger to the public health and Officer’’; pendently, the investigations, inspections, and safety. Once such complaint or information has (3) in subsection (c), by inserting ‘‘of the In- audits relating to matters within the responsi- been received from an employee of the Federal telligence Community’’ after ‘‘Chief Information bility and authority of the Director of National Government— ‘‘(A) the Inspector General shall not disclose Officer’’; and Intelligence to ensure they are conducted effi- (4) in subsection (d), by inserting ‘‘of the In- ciently and in accordance with applicable law the identity of the employee without the consent telligence Community’’ after ‘‘Chief Information and regulations; of the employee, unless the Inspector General Officer’’. ‘‘(2) to keep the Director of National Intel- determines that such disclosure is unavoidable ligence fully and currently informed concerning during the course of the investigation or the dis- SEC. 408. INSPECTOR GENERAL OF THE INTEL- closure is made to an official of the Department LIGENCE COMMUNITY. violations of law and regulations, violations of of Justice responsible for determining whether a (a) ESTABLISHMENT.— civil liberties and privacy, fraud and other seri- prosecution should be undertaken; and (1) IN GENERAL.—Title I of the National Secu- ous problems, abuses, and deficiencies that may ‘‘(B) no action constituting a reprisal, or rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- occur in matters within the responsibility and threat of reprisal, for making such complaint ed by inserting after section 103G the following authority of the Director, and to report the may be taken by any employee in a position to new section: progress made in implementing corrective action; ‘‘(3) to take due regard for the protection of take such actions, unless the complaint was ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE intelligence sources and methods in the prepara- made or the information was disclosed with the COMMUNITY tion of all reports issued by the Inspector Gen- knowledge that it was false or with willful dis- ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GEN- eral, and, to the extent consistent with the pur- regard for its truth or falsity. ERAL OF INTELLIGENCE COMMUNITY.—There is pose and objective of such reports, take such ‘‘(4) The Inspector General shall have author- within the Office of the Director of National In- measures as may be appropriate to minimize the ity to administer to or take from any person an telligence an Office of the Inspector General of disclosure of intelligence sources and methods oath, affirmation, or affidavit, whenever nec- the Intelligence Community. described in such reports; and essary in the performance of the duties of the ‘‘(b) PURPOSE.—The purpose of the Office of ‘‘(4) in the execution of the duties and respon- Inspector General, which oath, affirmation, or the Inspector General of the Intelligence Com- sibilities under this section, to comply with gen- affidavit when administered or taken by or be- munity is to— erally accepted government auditing standards. fore an employee of the Office of the Inspector ‘‘(1) create an objective and effective office, ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1) The Di- General of the Intelligence Community des- appropriately accountable to Congress, to ini- rector of National Intelligence may prohibit the ignated by the Inspector General shall have the tiate and conduct independently investigations, Inspector General of the Intelligence Community same force and effect as if administered or taken inspections, and audits on matters within the from initiating, carrying out, or completing any by, or before, an officer having a seal. responsibility and authority of the Director of investigation, inspection, or audit if the Director ‘‘(5)(A) Except as provided in subparagraph National Intelligence; determines that such prohibition is necessary to (B), the Inspector General is authorized to re- ‘‘(2) recommend policies designed— protect vital national security interests of the quire by subpoena the production of all infor- ‘‘(A) to promote economy, efficiency, and ef- United States. mation, documents, reports, answers, records, fectiveness in the administration and implemen- ‘‘(2) If the Director exercises the authority accounts, papers, and other data and documen- tation of matters within the responsibility and under paragraph (1), the Director shall submit tary evidence necessary in the performance of authority of the Director of National Intel- an appropriately classified statement of the rea- the duties and responsibilities of the Inspector ligence; and sons for the exercise of such authority within 7 General. ‘‘(B) to prevent and detect fraud and abuse in days to the congressional intelligence commit- ‘‘(B) In the case of departments, agencies, and such matters; tees. other elements of the United States Government, ‘‘(3) provide a means for keeping the Director ‘‘(3) The Director shall advise the Inspector the Inspector General shall obtain information, of National Intelligence fully and currently in- General at the time a report under paragraph documents, reports, answers, records, accounts, formed about— (2) is submitted, and, to the extent consistent papers, and other data and evidence for the ‘‘(A) problems and deficiencies relating to with the protection of intelligence sources and purpose specified in subparagraph (A) using matters within the responsibility and authority methods, provide the Inspector General with a procedures other than by subpoenas. of the Director of National Intelligence; and copy of such report. ‘‘(C) The Inspector General may not issue a ‘‘(B) the necessity for, and the progress of, ‘‘(4) The Inspector General may submit to the subpoena for, or on behalf of, any other element corrective actions; and congressional intelligence committees any com- of the intelligence community, including the Of- ‘‘(4) in the manner prescribed by this section, ments on a report of which the Inspector Gen- fice of the Director of National Intelligence. ensure that the congressional intelligence com- eral has notice under paragraph (3) that the In- ‘‘(D) In the case of contumacy or refusal to mittees are kept similarly informed of— spector General considers appropriate. obey a subpoena issued under this paragraph, ‘‘(A) significant problems and deficiencies re- ‘‘(f) AUTHORITIES.—(1) The Inspector General the subpoena shall be enforceable by order of lating to matters within the responsibility and of the Intelligence Community shall have direct any appropriate district court of the United authority of the Director of National Intel- and prompt access to the Director of National States. ligence; and Intelligence when necessary for any purpose ‘‘(g) COORDINATION AMONG INSPECTORS GEN- ‘‘(B) the necessity for, and the progress of, pertaining to the performance of the duties of ERAL OF INTELLIGENCE COMMUNITY.—(1)(A) In corrective actions. the Inspector General. the event of a matter within the jurisdiction of

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 6333 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 16, 2008 CONGRESSIONAL RECORD — HOUSE H6613 the Inspector General of the Intelligence Com- ‘‘(B) Upon request of the Inspector General partment simultaneously with submission of the munity that may be subject to an investigation, for information or assistance under subpara- report to the congressional intelligence commit- inspection, or audit by both the Inspector Gen- graph (A), the head of the department, agency, tees. eral of the Intelligence Community and an In- or element concerned shall, insofar as is prac- ‘‘(2)(A) The Inspector General shall report im- spector General, whether statutory or adminis- ticable and not in contravention of any existing mediately to the Director whenever the Inspec- trative, with oversight responsibility for an ele- statutory restriction or regulation of the depart- tor General becomes aware of particularly seri- ment or elements of the intelligence community, ment, agency, or element, furnish to the Inspec- ous or flagrant problems, abuses, or deficiencies the Inspector General of the Intelligence Com- tor General, or to an authorized designee, such relating to matters within the responsibility and munity and such other Inspector or Inspectors information or assistance. authority of the Director of National Intel- General shall expeditiously resolve the question ‘‘(C) The Inspector General of the Intelligence ligence. of which Inspector General shall conduct such Community may, upon reasonable notice to the ‘‘(B) The Director shall transmit to the con- investigation, inspection, or audit. head of any element of the intelligence commu- gressional intelligence committees each report ‘‘(B) In attempting to resolve a question under nity, conduct, as authorized by this section, an under subparagraph (A) within 7 calendar days subparagraph (A), the Inspectors General con- investigation, inspection, or audit of such ele- of receipt of such report, together with such cerned may request the assistance of the Intel- ment and may enter into any place occupied by comments as the Director considers appropriate. ligence Community Inspectors General Forum such element for purposes of the performance of The Director shall transmit to the committees of established under subparagraph (C). In the the duties of the Inspector General. the Senate and of the House of Representatives event of a dispute between an Inspector General ‘‘(i) REPORTS.—(1)(A) The Inspector General with jurisdiction over a department of the within an agency or department of the United of the Intelligence Community shall, not later United States Government any portion of each States Government and the Inspector General of than January 31 and July 31 of each year, pre- report under subparagraph (A) that involves a the Intelligence Community that has not been pare and submit to the Director of National In- problem, abuse, or deficiency related to a com- resolved with the assistance of the Forum, the telligence a classified, and, as appropriate, un- ponent of such department simultaneously with Inspectors General shall submit the question to classified semiannual report summarizing the transmission of the report to the congressional the Director of National Intelligence and the activities of the Office of the Inspector General intelligence committees. head of the agency or department for resolution. of the Intelligence Community during the imme- ‘‘(3) In the event that— ‘‘(A) the Inspector General is unable to resolve ‘‘(C) There is established the Intelligence diately preceding 6-month period ending Decem- any differences with the Director affecting the Community Inspectors General Forum which ber 31 (of the preceding year) and June 30, re- execution of the duties or responsibilities of the shall consist of all statutory or administrative spectively. The Inspector General of the Intel- Inspectors General with oversight responsibility Inspector General; ligence Community shall provide any portion of ‘‘(B) an investigation, inspection, or audit for an element or elements of the intelligence the report involving a component of a depart- community. The Inspector General of the Intel- carried out by the Inspector General focuses on ment of the United States Government to the any current or former intelligence community ligence Community shall serve as the chair of head of that department simultaneously with the Forum. The Forum shall have no adminis- official who— submission of the report to the Director of Na- ‘‘(i) holds or held a position in an element of trative authority over any Inspector General, tional Intelligence. but shall serve as a mechanism for informing its the intelligence community that is subject to ap- ‘‘(B) Each report under this paragraph shall pointment by the President, whether or not by members of the work of individual members of include, at a minimum, the following: the Forum that may be of common interest and and with the advice and consent of the Senate, ‘‘(i) A list of the title or subject of each inves- including such a position held on an acting discussing questions about jurisdiction or access tigation, inspection, or audit conducted during to employees, employees of a contractor, records, basis; the period covered by such report, including a ‘‘(ii) holds or held a position in an element of audits, reviews, documents, recommendations, summary of the progress of each particular in- or other materials that may involve or be of as- the intelligence community, including a position vestigation, inspection, or audit since the pre- held on an acting basis, that is appointed by the sistance to more than 1 of its members. ceding report of the Inspector General under ‘‘(2) The Inspector General conducting an in- Director of National Intelligence; or this paragraph. vestigation, inspection, or audit covered by ‘‘(iii) holds or held a position as head of an ‘‘(ii) A description of significant problems, element of the intelligence community or a posi- paragraph (1) shall submit the results of such abuses, and deficiencies relating to the adminis- investigation, inspection, or audit to any other tion covered by subsection (b) or (c) of section tration and implementation of programs and op- Inspector General, including the Inspector Gen- 106; erations of the intelligence community, and in ‘‘(C) a matter requires a report by the Inspec- eral of the Intelligence Community, with juris- the relationships between elements of the intel- tor General to the Department of Justice on pos- diction to conduct such investigation, inspec- ligence community, identified by the Inspector sible criminal conduct by a current or former of- tion, or audit who did not conduct such inves- General during the period covered by such re- ficial described in subparagraph (B); tigation, inspection, or audit. port. ‘‘(D) the Inspector General receives notice ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The In- from the Department of Justice declining or ap- spector General of the Intelligence Community ‘‘(iii) A description of the recommendations proving prosecution of possible criminal conduct shall be provided with appropriate and ade- for corrective or disciplinary action made by the of any current or former official described in quate office space at central and field office lo- Inspector General during the period covered by subparagraph (B); or cations, together with such equipment, office such report with respect to significant problems, ‘‘(E) the Inspector General, after exhausting supplies, maintenance services, and communica- abuses, or deficiencies identified in clause (ii). all possible alternatives, is unable to obtain sig- tions facilities and services as may be necessary ‘‘(iv) A statement whether or not corrective or nificant documentary information in the course for the operation of such offices. disciplinary action has been completed on each ‘‘(2)(A) Subject to applicable law and the poli- significant recommendation described in pre- of an investigation, inspection, or audit, cies of the Director of National Intelligence, the vious semiannual reports, and, in a case where the Inspector General shall immediately notify Inspector General shall select, appoint, and em- corrective action has been completed, a descrip- and submit a report on such matter to the con- ploy such officers and employees as may be nec- tion of such corrective action. gressional intelligence committees. essary to carry out the functions of the Inspec- ‘‘(v) A certification whether or not the Inspec- ‘‘(4) Pursuant to title V, the Director shall tor General. The Inspector General shall ensure tor General has had full and direct access to all submit to the congressional intelligence commit- that any officer or employee so selected, ap- information relevant to the performance of the tees any report or findings and recommenda- pointed, or employed has security clearances ap- functions of the Inspector General. tions of an investigation, inspection, or audit propriate for the assigned duties of such officer ‘‘(vi) A description of the exercise of the sub- conducted by the office which has been re- or employee. poena authority under subsection (f)(5) by the quested by the Chairman or Vice Chairman or ‘‘(B) In making selections under subpara- Inspector General during the period covered by Ranking Minority Member of either committee. graph (A), the Inspector General shall ensure such report. ‘‘(5)(A) An employee of an element of the in- that such officers and employees have the req- ‘‘(vii) Such recommendations as the Inspector telligence community, an employee assigned or uisite training and experience to enable the In- General considers appropriate for legislation to detailed to an element of the intelligence com- spector General to carry out the duties of the promote economy, efficiency, and effectiveness munity, or an employee of a contractor to the Inspector General effectively. in the administration and implementation of intelligence community who intends to report to ‘‘(C) In meeting the requirements of this para- matters within the responsibility and authority Congress a complaint or information with re- graph, the Inspector General shall create within of the Director of National Intelligence, and to spect to an urgent concern may report such the Office of the Inspector General of the Intel- detect and eliminate fraud and abuse in such complaint or information to the Inspector Gen- ligence Community a career cadre of sufficient matters. eral. size to provide appropriate continuity and objec- ‘‘(C) Not later than the 30 days after the date ‘‘(B) Not later than the end of the 14-calendar tivity needed for the effective performance of the of receipt of a report under subparagraph (A), day period beginning on the date of receipt from duties of the Inspector General. the Director shall transmit the report to the con- an employee of a complaint or information ‘‘(3)(A) Subject to the concurrence of the Di- gressional intelligence committees together with under subparagraph (A), the Inspector General rector, the Inspector General may request such any comments the Director considers appro- shall determine whether the complaint or infor- information or assistance as may be necessary priate. The Director shall transmit to the com- mation appears credible. Upon making such a for carrying out the duties and responsibilities mittees of the Senate and of the House of Rep- determination, the Inspector General shall of the Inspector General from any department, resentatives with jurisdiction over a department transmit to the Director a notice of that deter- agency, or other element of the United States of the United States Government any portion of mination, together with the complaint or infor- Government. the report involving a component of such de- mation.

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6614 CONGRESSIONAL RECORD — HOUSE July 16, 2008 ‘‘(C) Upon receipt of a transmittal from the Program budget a separate account for the Of- ‘‘(D) the number of personnel of such element Inspector General under subparagraph (B), the fice of Inspector General of the Intelligence rated at each level of proficiency of the Inter- Director shall, within 7 calendar days of such Community. agency Language Roundtable; receipt, forward such transmittal to the congres- ‘‘(k) CONSTRUCTION OF DUTIES REGARDING ‘‘(E) whether the number of personnel at each sional intelligence committees, together with ELEMENTS OF INTELLIGENCE COMMUNITY.—Ex- level of proficiency of the Interagency Language any comments the Director considers appro- cept as resolved pursuant to subsection (g), the Roundtable meets the requirements of such ele- priate. performance by the Inspector General of the In- ment; ‘‘(D)(i) If the Inspector General does not find telligence Community of any duty, responsi- ‘‘(F) the number of personnel serving or hired credible under subparagraph (B) a complaint or bility, or function regarding an element of the to serve as linguists for such element that are information submitted under subparagraph (A), intelligence community shall not be construed to not qualified as linguists under the standards of or does not transmit the complaint or informa- modify or effect the duties and responsibilities of the Interagency Language Roundtable; tion to the Director in accurate form under sub- any other Inspector General, whether statutory ‘‘(G) the number of personnel hired to serve as paragraph (B), the employee (subject to clause or administrative, having duties and responsibil- linguists for such element during the preceding (ii)) may submit the complaint or information to ities relating to such element.’’. calendar year; Congress by contacting either or both of the (2) CLERICAL AMENDMENT.—The table of con- ‘‘(H) the number of personnel serving as lin- congressional intelligence committees directly. tents in the first section of the National Security guists that discontinued serving such element ‘‘(ii) An employee may contact the intelligence Act of 1947 is amended by inserting after the during the preceding calendar year; committees directly as described in clause (i) item relating to section 103G the following new ‘‘(I) the percentage of work requiring lin- only if the employee— item: guistic skills that is fulfilled by an ally of the ‘‘(I) before making such a contact, furnishes ‘‘Sec. 103H. Inspector General of the Intel- United States; and to the Director, through the Inspector General, ligence Community.’’. ‘‘(J) the percentage of work requiring lin- a statement of the employee’s complaint or in- (b) REPEAL OF SUPERSEDED AUTHORITY TO ES- guistic skills that is fulfilled by contractors; formation and notice of the employee’s intent to TABLISH POSITION.—Section 8K of the Inspector ‘‘(10) an assessment of the foreign language contact the congressional intelligence commit- General Act of 1978 (5 U.S.C. App.) is repealed. capacity and capabilities of the intelligence tees directly; and (c) EXECUTIVE SCHEDULE LEVEL IV.—Section community as a whole; and ‘‘(II) obtains and follows from the Director, 5315 of title 5, United States Code, is amended ‘‘(11) recommendations for eliminating re- through the Inspector General, direction on how by adding at the end the following new item: quired reports relating to foreign-language pro- to contact the intelligence committees in accord- ‘‘Inspector General of the Intelligence Com- ficiency that the Director of National Intel- ance with appropriate security practices. munity.’’. ligence considers outdated or no longer rel- ‘‘(iii) A member or employee of 1 of the con- evant.’’. gressional intelligence committees who receives a SEC. 409. ANNUAL REPORT ON FOREIGN LAN- GUAGE PROFICIENCY IN THE INTEL- (2) REPORT DATE.—Section 507(a)(1) of such complaint or information under clause (i) does LIGENCE COMMUNITY. Act (50 U.S.C. 415b(a)(1)) is amended— so in that member or employee’s official capacity (a) REPORT.— (A) by redesignating subparagraph (N) as sub- as a member or employee of such committee. (1) IN GENERAL.—Title V of the National Secu- paragraph (J); and ‘‘(E) The Inspector General shall notify an rity Act of 1947 (50 U.S.C. 413 et seq.), as amend- (B) by adding at the end the following new employee who reports a complaint or informa- ed by section 406 of this Act, is further amended subparagraph: tion to the Inspector General under this para- by adding at the end the following new section: ‘‘(K) The annual report on foreign language graph of each action taken under this para- ‘‘REPORT ON FOREIGN LANGUAGE PROFICIENCY IN proficiency in the intelligence community re- graph with respect to the complaint or informa- THE INTELLIGENCE COMMUNITY quired by section 510.’’. tion. Such notice shall be provided not later ‘‘SEC. 510. Not later than February 1 of each (b) CONFORMING AMENDMENT.—The table of than 3 days after any such action is taken. year, the Director of National Intelligence shall contents in the first section of such Act is fur- ‘‘(F) An action taken by the Director or the submit to the congressional intelligence commit- ther amended by inserting after the item relat- Inspector General under this paragraph shall tees a report on the proficiency in foreign lan- ing to section 509 the following new item: not be subject to judicial review. guages and, if appropriate, in foreign dialects of ‘‘(G) In this paragraph, the term ‘urgent con- ‘‘Sec. 510. Report on foreign language pro- each element of the intelligence community, in- cern’ means any of the following: ficiency in the intelligence com- cluding— ‘‘(i) A serious or flagrant problem, abuse, vio- munity.’’. ‘‘(1) the number of positions authorized for lation of law or Executive order, or deficiency such element that require foreign language pro- SEC. 410. REPEAL OF CERTAIN AUTHORITIES RE- relating to the funding, administration, or oper- LATING TO THE OFFICE OF THE NA- ficiency and the level of proficiency required; TIONAL COUNTERINTELLIGENCE EX- ation of an intelligence activity involving classi- ‘‘(2) an estimate of the number of such posi- fied information, but does not include dif- ECUTIVE. tions that each element will require during the (a) REPEAL OF CERTAIN AUTHORITIES.—Sec- ferences of opinions concerning public policy 5-year period beginning on the date of the sub- matters. tion 904 of the Counterintelligence Enhancement mission of the report; Act of 2002 (title IX of Public Law 107–306; 50 ‘‘(ii) A false statement to Congress, or a will- ‘‘(3) the number of positions authorized for ful withholding from Congress, on an issue of U.S.C. 402c) is amended— such element that require foreign language pro- (1) by striking subsections (d), (h), (i), and (j); material fact relating to the funding, adminis- ficiency that are filled by— tration, or operation of an intelligence activity. and ‘‘(A) military personnel; and (2) by redesignating subsections (e), (f), (g), ‘‘(iii) An action, including a personnel action ‘‘(B) civilian personnel; (k), (l), and (m) as subsections (d), (e), (f), (g), described in section 2302(a)(2)(A) of title 5, ‘‘(4) the number of applicants for positions in (h), and (i), respectively; and United States Code, constituting reprisal or such element in the previous fiscal year that in- (3) in subsection (f), as redesignated by para- threat of reprisal prohibited under subsection dicated foreign language proficiency, including graph (2), by striking paragraphs (3) and (4). (f)(3)(B) of this section in response to an em- the foreign language indicated and the pro- (b) CONFORMING AMENDMENTS.—Such section ployee’s reporting an urgent concern in accord- ficiency level; ance with this paragraph. ‘‘(5) the number of persons hired by such ele- 904 is further amended— ‘‘(H) In support of this paragraph, Congress ment with foreign language proficiency, includ- (1) in subsection (d), as redesignated by sub- makes the findings set forth in paragraphs (1) ing the foreign language and proficiency level; section (a)(2) of this section, by striking ‘‘sub- through (6) of section 701(b) of the Intelligence ‘‘(6) the number of personnel of such element section (f)’’ each place it appears in paragraphs Community Whistleblower Protection Act of 1998 currently attending foreign language training, (1) and (2) and inserting ‘‘subsection (e)’’; and (title VII of Public Law 105–272; 5 U.S.C. App. including the provider of such training; (2) in subsection (e), as so redesignated— 8H note). ‘‘(7) a description of such element’s efforts to (A) in paragraph (1), by striking ‘‘subsection ‘‘(6) In accordance with section 535 of title 28, recruit, hire, train, and retain personnel that (e)(1)’’ and inserting ‘‘subsection (d)(1)’’; and United States Code, the Inspector General shall are proficient in a foreign language; (B) in paragraph (2), by striking ‘‘subsection report to the Attorney General any information, ‘‘(8) an assessment of methods and models for (e)(2)’’ and inserting ‘‘subsection (d)(2)’’. allegation, or complaint received by the Inspec- basic, advanced, and intensive foreign language SEC. 411. NATIONAL INTELLIGENCE ESTIMATE ON tor General relating to violations of Federal training; WEAPONS OF MASS DESTRUCTION IN criminal law that involves a program or oper- ‘‘(9) for each foreign language and, where ap- SYRIA. ation of an element of the intelligence commu- propriate, dialect of a foreign language— (a) IN GENERAL.—Not later than 180 days nity, or in the relationships between the ele- ‘‘(A) the number of positions of such element after the date of the enactment of this Act, the ments of the intelligence community, consistent that require proficiency in the foreign language Director of National Intelligence shall submit to with such guidelines as may be issued by the At- or dialect; Congress a National Intelligence Estimate on torney General pursuant to subsection (b)(2) of ‘‘(B) the number of personnel of such element the history, status, and projected development such section. A copy of each such report shall be that are serving in a position that requires pro- of any weapons of mass destruction development furnished to the Director. ficiency in the foreign language or dialect to program undertaken by the Government of ‘‘(j) SEPARATE BUDGET ACCOUNT.—The Direc- perform the primary duty of the position; Syria, or by any person on behalf of the Govern- tor of National Intelligence shall, in accordance ‘‘(C) the number of personnel of such element ment of Syria. with procedures to be issued by the Director in that are serving in a position that does not re- (b) FORM.—The National Intelligence Esti- consultation with the congressional intelligence quire proficiency in the foreign language or dia- mate required under subsection (a) may be sub- committees, include in the National Intelligence lect to perform the primary duty of the position; mitted in classified form.

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SEC. 412. REPORT ON INTELLIGENCE RESOURCES sensitive equipment and technology, and the de- ‘‘(2) TERMINATED, SUSPENDED PROGRAMS.— DEDICATED TO IRAQ AND AFGHANI- gree to which United States export controls (in- The Inspector General of the Central Intel- STAN. cluding the International Traffic in Arms Regu- ligence Agency is not required to conduct an Not later than 120 days after the date of the lations) are adequate to defeat such efforts; and audit under paragraph (1) of a covert action enactment of this Act, the Director of National (2) the extent to which United States export that has been terminated or suspended if such Intelligence shall submit to the congressional in- controls are well matched to the scope of the covert action was terminated or suspended prior telligence committees a report on intelligence foreign threat such controls are designed to de- to the last audit of such covert action conducted collection resources dedicated to Iraq and Af- feat and whether other means could more suc- by the Inspector General and has not been re- ghanistan during fiscal years 2007 and 2008. cessfully defeat such threats. started after the date on which such audit was Such report shall include detailed information (b) FORM.—The report under subsection (a) completed. on fiscal, human, technical, and other intel- shall be submitted in unclassified form, but may ‘‘(3) REPORT.—Not later than 60 days after the ligence collection resources. include a classified annex. completion of an audit conducted pursuant to SEC. 413. OMBUDSMAN FOR INTELLIGENCE COM- (c) INTERNATIONAL TRAFFIC IN ARMS REGULA- paragraph (1), the Inspector General of the Cen- MUNITY SECURITY CLEARANCES. TIONS DEFINED.—The term ‘‘International Traf- tral Intelligence Agency shall submit to the con- (a) IN GENERAL.—Title I of the National Secu- fic in Arms Regulations’’ means those regula- gressional intelligence committees a report con- rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- tions contained in parts 120 through 130 of title taining the results of such audit.’’. ed by inserting after section 103H, as added by 22, Code of Federal Regulations (or successor (b) CONFORMING AMENDMENTS.—Title V of the section 409 of this Act, the following new sec- regulations). National Security Act of 1947 (50 U.S.C. 413 et tion: SEC. 416. REPORT ON NUCLEAR TRAFFICKING. seq.) is amended— ‘‘OMBUDSMAN FOR INTELLIGENCE COMMUNITY (a) REPORT.—Not later than February 1, 2009, (1) in section 501(f) (50 U.S.C. 413(f)), by strik- SECURITY CLEARANCES the Director of National Intelligence shall sub- ing ‘‘503(e)’’ and inserting ‘‘503(g)’’; ‘‘SEC. 103I. (a) APPOINTMENT.—The Director mit to the congressional intelligence committees, (2) in section 502(a)(1) (50 U.S.C. 413b(a)(1)), of National Intelligence shall appoint an om- the Committee on Armed Services and the Com- by striking ‘‘503(e)’’ and inserting ‘‘503(g)’’; and budsman for intelligence community security mittee on Foreign Affairs of the House of Rep- (3) in section 504(c) (50 U.S.C. 414(c)), by clearances. resentatives, and the Committee on Armed Serv- striking ‘‘503(e)’’ and inserting ‘‘503(g)’’. ‘‘(b) PROVISION OF INFORMATION.—The head ices and the Committee on Foreign Relations of SEC. 422. INAPPLICABILITY TO DIRECTOR OF THE of an element of the intelligence community the Senate a report on the illicit trade of nu- CENTRAL INTELLIGENCE AGENCY OF shall provide a person applying for a security clear and radiological material and equipment. REQUIREMENT FOR ANNUAL RE- PORT ON PROGRESS IN AUDITABLE (b) CONTENTS.—The report submitted under clearance through or in coordination with such FINANCIAL STATEMENTS. subsection (a) shall include, for a period of time element with contact information for the om- Section 114A of the National Security Act of including at least the preceding three years— budsman appointed under subsection (a). 1947 (50 U.S.C. 404i–1) is amended by striking ‘‘(c) REPORT.—Not later than November 1 of (1) details of all known or suspected cases of ‘‘the Director of the Central Intelligence Agen- each year, the ombudsman appointed under the illicit sale, transfer, brokering, or transport cy,’’. subsection (a) shall submit to the congressional of nuclear or radiological material or equipment intelligence committees a report containing— useful for the production of nuclear or radio- SEC. 423. TECHNICAL AMENDMENTS RELATING logical material or nuclear explosive devices; TO TITLES OF CERTAIN CENTRAL IN- ‘‘(1) the number of persons applying for a se- TELLIGENCE AGENCY POSITIONS. (2) an assessment of the countries that rep- curity clearance who have contacted the om- Section 17(d)(3)(B)(ii) of the Central Intel- resent the greatest risk of nuclear trafficking ac- budsman during the preceding 12 months; and ligence Agency Act of 1949 (50 U.S.C. ‘‘(2) a summary of the concerns, complaints, tivities; and (3) a discussion of any dissents, caveats, gaps 403q(d)(3)(B)(ii)) is amended— and questions received by the ombudsman from (1) in subclause (I), by striking ‘‘Executive Di- in knowledge, or other information that would persons applying for security clearances.’’. rector’’ and inserting ‘‘Associate Deputy Direc- reduce confidence in the assessment referred to (b) APPOINTMENT DATE.—The Director of Na- tor’’; in paragraph (2). tional Intelligence shall appoint an ombudsman (2) in subclause (II), by striking ‘‘Deputy Di- (c) FORM.—The report under subsection (a) for intelligence community security clearances rector for Operations’’ and inserting ‘‘Director under section 103I(a) of the National Security may be submitted in classified form, but shall include an unclassified summary. of the National Clandestine Service’’; Act of 1947, as added by subsection (a), not later (3) in subclause (III), by striking ‘‘Deputy Di- than 60 days after the date of the enactment of SEC. 417. STUDY ON REVOKING PENSIONS OF rector for Intelligence’’ and inserting ‘‘Director this Act. PERSONS WHO COMMIT UNAUTHOR- IZED DISCLOSURES OF CLASSIFIED of Intelligence’’; (c) CONFORMING AMENDMENT.—The table of INFORMATION. (4) in subclause (IV), by striking ‘‘Deputy Di- contents in the first section of the National Se- (a) STUDY.—The Director of National Intel- rector for Administration’’ and inserting ‘‘Direc- curity Act of 1947 is further amended by insert- ligence shall conduct a study on the feasibility tor of Support’’; and ing after the item relating to section 103H the of revoking the pensions of personnel in the in- (5) in subclause (V), by striking ‘‘Deputy Di- following new item: telligence community who commit unauthorized rector for Science and Technology’’ and insert- ‘‘Sec. 103I. Ombudsman for intelligence commu- disclosures of classified information, including ing ‘‘Director of Science and Technology’’. nity security clearances.’’. whether revoking such pensions is feasible SEC. 424. CLARIFYING AMENDMENTS RELATING SEC. 414. SECURITY CLEARANCE RECIPROCITY. under existing law or under the administrative TO SECTION 105 OF THE INTEL- LIGENCE AUTHORIZATION ACT FOR (a) AUDIT.—The Inspector General of the In- authority of the Director of National Intel- FISCAL YEAR 2004. telligence Community shall conduct an audit of ligence or any other head of an element of the Section 105(b) of the Intelligence Authoriza- the reciprocity of security clearances in the in- intelligence community. tion Act for Fiscal Year 2004 (Public Law 108– telligence community. (b) REPORT.—Not later than 90 days after the 177; 117 Stat. 2603; 31 U.S.C. 311 note) is amend- (b) REPORT.—Not later than 60 days after the date of the enactment of this Act, the Director ed— date of the enactment of this Act, the Inspector of National Intelligence shall submit to the con- (1) by striking ‘‘Director of Central Intel- General of the Intelligence Community shall gressional intelligence committees a report con- ligence’’ and inserting ‘‘Director of National In- submit to the congressional intelligence commit- taining the results of the study conducted under telligence’’; and tees a report containing the results of the audit subsection (a). (2) by inserting ‘‘or in section 313 of such conducted under subsection (a). Such report Subtitle B—Central Intelligence Agency title,’’ after ‘‘subsection (a)),’’. shall include an assessment of the time required SEC. 421. REVIEW OF COVERT ACTION PROGRAMS to obtain a reciprocal security clearance for— SEC. 425. PROHIBITION ON THE USE OF PRIVATE BY INSPECTOR GENERAL OF THE CONTRACTORS FOR INTERROGA- (1) an employee of an element of the intel- CENTRAL INTELLIGENCE AGENCY. TIONS INVOLVING PERSONS IN THE ligence community detailed to another element (a) IN GENERAL.—Section 503 of the National CUSTODY OR CONTROL OF THE CEN- of the intelligence community; Security Act of 1947 (50 U.S.C. 413b) is amended TRAL INTELLIGENCE AGENCY. (2) an employee of an element of the intel- by— (a) PROHIBITION.—Notwithstanding any other ligence community seeking permanent employ- (1) redesignating subsection (e) as subsection provision of law, the Director of the Central In- ment with another element of the intelligence (g) and transferring such subsection to the end; telligence Agency shall not expend or obligate community; and and funds for payment to any contractor to conduct (3) a contractor seeking permanent employ- (2) by inserting after subsection (d) the fol- the interrogation of a detainee or prisoner in ment with an element of the intelligence commu- lowing new subsection: custody or under the effective control of the nity. ‘‘(e) INSPECTOR GENERAL AUDITS OF COVERT Central Intelligence Agency. SEC. 415. REPORT ON INTERNATIONAL TRAFFIC ACTIONS.— (b) EXCEPTION.— IN ARMS REGULATIONS. ‘‘(1) IN GENERAL.—Subject to paragraph (2), (1) IN GENERAL.—The Director of the Central (a) REPORT.—Not later than February 1, 2009, the Inspector General of the Central Intelligence Intelligence Agency may request, and the Direc- the Director of National Intelligence shall sub- Agency shall conduct an audit of each covert tor of National Intelligence may grant, a written mit to the congressional intelligence committees action at least every 3 years. Such audits shall waiver of the requirement under subsection (a) a report assessing— be conducted subject to the provisions of para- if the Director of the Central Intelligence Agen- (1) the threat to national security presented graphs (3) and (4) of subsection (b) of section 17 cy determines that— by the efforts of foreign countries to acquire, of the Central Intelligence Agency Act of 1949 (A) no employee of the Federal Government through espionage, diversion, or other means, (50 U.S.C. 403q). is—

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6616 CONGRESSIONAL RECORD — HOUSE July 16, 2008 (i) capable of performing such interrogation; functioning of the Bureau as an intelligence efit, intelligence gain, budgetary authority, and and agency, including— risk of an intelligence activity, including— (ii) available to perform such interrogation; (A) identifying new intelligence targets within ‘‘(A) the legal authority under which the in- and the scope of the national security functions of telligence activity is being or was conducted; (B) such interrogation is in the national inter- the Bureau, outside the parameters of an exist- ‘‘(B) any legal issues upon which guidance est of the United States and requires the use of ing case file or ongoing investigation; was sought in carrying out or planning the in- a contractor. (B) collecting intelligence domestically, in- telligence activity, including dissenting legal (2) CLARIFICATION OF APPLICABILITY OF CER- cluding collection through human and technical views; TAIN LAWS.—Any contractor conducting an in- sources; ‘‘(C) any specific operational concerns arising terrogation pursuant to a waiver under para- (C) recruiting human sources; from the intelligence activity, including the risk graph (1) shall be subject to all laws on the con- (D) training Special Agents to spot, assess, re- of disclosing intelligence sources or methods; duct of interrogations that would apply if an cruit, and handle human sources; ‘‘(D) the likelihood that the intelligence activ- employee of the Federal Government were con- (E) working collaboratively with other Federal ity will exceed the planned or authorized ex- ducting the interrogation. departments and agencies to jointly collect intel- penditure of funds or other resources; and Subtitle C—Defense Intelligence Components ligence on domestic counterterrorism and coun- ‘‘(E) the likelihood that the intelligence activ- terintelligence targets; ity will fail.’’. SEC. 431. INTEGRATION OF THE COUNTERINTEL- (F) producing a common intelligence picture (b) REPORTING ON ACTIVITIES OTHER THAN LIGENCE FIELD ACTIVITY INTO THE COVERT ACTIONS.—Section 502 of such Act (50 DEFENSE INTELLIGENCE AGENCY. of domestic threats to the national security of U.S.C. 413a) is amended by adding at the end (a) REPORT.—Not later than November 1, 2008, the United States; the following new subsection: the Under Secretary of Defense for Intelligence (G) producing high quality and timely intel- ‘‘(d) DISTRIBUTION OF INFORMATION.— shall submit to the congressional intelligence ligence analysis; ‘‘(1) REQUEST.—Information or material pro- and armed services committees a report out- (H) integrating intelligence analysts into its intelligence collection operations; and vided in accordance with subsection (a) shall be lining the process by which the Counterintel- made available to each member of the congres- ligence Field Activity is to be integrated into the (I) sharing intelligence information with intel- ligence community partners. sional intelligence committees, unless the Presi- Defense Intelligence Agency. Such report shall dent requests that access to the information or TITLE V—OTHER MATTERS include— material be limited after determining that lim- (1) a description of the nature of any law en- Subtitle A—General Intelligence Matters iting such access is essential to meet extraor- forcement authorities to be delegated to the De- SEC. 501. EXTENSION OF NATIONAL COMMISSION dinary circumstances affecting vital interests of fense Intelligence Agency; FOR THE REVIEW OF THE RESEARCH the United States. A request under this para- (2) the authority under which the delegation AND DEVELOPMENT PROGRAMS OF graph and the extraordinary circumstances re- of authority referred to in paragraph (1) would THE UNITED STATES INTELLIGENCE ferred to in this paragraph shall be detailed in COMMUNITY. occur; and writing to the Chair and ranking minority mem- (3) the guidelines for the implementation of (a) EXTENSION.— ber of the congressional intelligence committees. such law enforcement authorities. (1) IN GENERAL.—Subsection (a) of section 1007 ‘‘(2) DISTRIBUTION.—If the President submits of the Intelligence Authorization Act for Fiscal (b) CONGRESSIONAL INTELLIGENCE AND ARMED a request under paragraph (1), the Chair and Year 2003 (Public Law 107–306; 116 Stat. 2442) is SERVICES COMMITTEES.—In this section, the ranking minority member of each congressional amended by striking ‘‘September 1, 2004’’ and term ‘‘congressional intelligence and armed intelligence committee may jointly determine inserting ‘‘December 31, 2009’’. services committees’’ means— whether and how to limit access to the informa- (2) EFFECTIVE DATE.—Subject to paragraph (1) the Permanent Select Committee on Intel- tion or material within such committee. If the (3), the amendment made by paragraph (1) shall ligence of the House of Representatives; Chair and ranking minority member of such take effect as if included in the enactment of (2) the Select Committee on Intelligence of the committee are unable to agree on whether or such section 1007. Senate; and how to limit such access, access to the informa- (3) COMMISSION MEMBERSHIP.— (3) the Committees on Armed Services of the tion or material will be limited. Any information (A) IN GENERAL.—The membership of the Na- House of Representatives and the Senate. or material to which access is limited shall sub- tional Commission for the Review of the Re- Subtitle D—Other Elements sequently be made available to each member of search and Development Programs of the United the congressional intelligence communities at SEC. 441. CLARIFICATION OF INCLUSION OF States Intelligence Community established under COAST GUARD AND DRUG ENFORCE- the earliest possible time and shall include a de- subsection (a) of section 1002 of such Act (Public MENT ADMINISTRATION AS ELE- tailed statement of the reasons for not providing Law 107–306; 116 Stat. 2438) (referred to in this MENTS OF THE INTELLIGENCE COM- prior access.’’. section as the ‘‘Commission’’) shall be consid- MUNITY. (c) APPROVAL OF COVERT ACTIONS.—Section ered vacant and new members shall be ap- Section 3(4) of the National Security Act of 503(d) of the National Security Act of 1947 (50 pointed in accordance with such section 1002, as 1947 (50 U.S.C. 401a(4)) is amended— U.S.C. 413b(d)) is amended— (1) in subparagraph (H)— amended by subparagraph (B). (1) by striking ‘‘(d) The President’’ and insert- ECHNICAL AMENDMENT.—Paragraph (1) (A) by inserting ‘‘the Coast Guard,’’ after (B) T ing ‘‘(d)(1) The President’’; and ‘‘the Marine Corps,’’; and of section 1002(b) of such Act is amended by (2) by adding at the end the following new (B) by inserting ‘‘the Drug Enforcement Ad- striking ‘‘The Deputy Director of Central Intel- paragraph: ministration,’’ after ‘‘the Federal Bureau of In- ligence for Community Management.’’ and in- ‘‘(2) For purposes of this subsection, an activ- vestigation,’’; and serting ‘‘The Principal Deputy Director of Na- ity shall constitute a ‘significant undertaking’ if (2) in subparagraph (K), by striking ‘‘, includ- tional Intelligence.’’. the activity— ing the Office of Intelligence of the Coast (4) CLARIFICATION OF DUTIES.—Section 1002(i) ‘‘(A) involves the potential for loss of life; Guard’’. of such Act is amended in the matter preceding ‘‘(B) requires an expansion of existing au- paragraph (1) by striking ‘‘including—’’ and in- SEC. 442. REPORT ON TRANSFORMATION OF THE thorities, including authorities relating to re- INTELLIGENCE CAPABILITIES OF serting ‘‘including advanced research and devel- search, development, or operations; THE FEDERAL BUREAU OF INVES- opment programs and activities. Such review ‘‘(C) results in the expenditure of significant TIGATION. shall include—’’. funds or other resources; Not later than 120 days after the date of the (b) FUNDING.— ‘‘(D) requires notification under section 504; enactment of this Act, the Director of the Fed- (1) IN GENERAL.—Of the amounts authorized ‘‘(E) gives rise to a significant risk of dis- eral Bureau of Investigation shall submit to the to be appropriated by this Act for the Intel- closing intelligence sources or methods; or congressional intelligence committees a report ligence Community Management Account, the ‘‘(F) could cause serious damage to the diplo- describing the Director’s long term vision for Director of National Intelligence shall make matic relations of the United States if such ac- transforming the intelligence capabilities of the $2,000,000 available to the Commission to carry tivity were disclosed without authorization.’’. Bureau and the progress of the internal reforms out title X of the Intelligence Authorization Act SEC. 503. REPORT ON FINANCIAL INTELLIGENCE of the Bureau intended to achieve that vision. for Fiscal Year 2003 (Public Law 107–306; 116 ON TERRORIST ASSETS. Such report shall include— Stat. 2437). (a) ANNUAL REPORTS.—Section 118 of the Na- (1) the direction, strategy, and goals for trans- (2) AVAILABILITY.—Amounts made available tional Security Act of 1947 (50 U.S.C. 404m) is forming the intelligence capabilities of the Bu- to the Commission pursuant to paragraph (1) amended— reau; shall remain available until expended. (1) in the heading, by striking ‘‘SEMIANNUAL’’ (2) a description of what the fully functional SEC. 502. AMENDMENTS TO THE NATIONAL SECU- and inserting ‘‘ANNUAL’’; and intelligence and national security functions of RITY ACT OF 1947. (2) in subsection (a)— the Bureau should entail; (a) GENERAL CONGRESSIONAL OVERSIGHT.— (A) in the heading, by striking ‘‘SEMIANNUAL’’ (3) a candid assessment of the effect of inter- Section 501(a) of the National Security Act of and inserting ‘‘ANNUAL’’; nal reforms at the Bureau and whether such re- 1947 (50 U.S.C. 413(a)) is amended by adding at (B) in the matter preceding paragraph (1)— forms have moved the Bureau towards achieving the end the following new paragraph: (i) by striking ‘‘semiannual basis’’ and insert- the goals of the Director for the intelligence and ‘‘(3) In carrying out paragraph (1), the Presi- ing ‘‘annual basis’’; and national security functions of the Bureau; and dent shall provide to the congressional intel- (ii) by striking ‘‘preceding six-month period’’ (4) an assessment of how well the Bureau per- ligence committees all information necessary to and inserting ‘‘preceding year’’; forms tasks that are critical to the effective assess the lawfulness, effectiveness, cost, ben- (C) by striking paragraph (2); and

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 16, 2008 CONGRESSIONAL RECORD — HOUSE H6617 (D) by redesignating paragraphs (3) and (4) as (2) in subsection (d)(1)(B), by striking ‘‘Joint ligence Director and inserting the following new paragraphs (2) and (3), respectively. Military Intelligence Program’’ and inserting item: (b) CONFORMING AMENDMENT.—Section 507 of ‘‘Military Intelligence Program or any successor ‘‘General Counsel of the Office of the Director the National Security Act of 1947 (50 U.S.C. program or programs’’. of National Intelligence.’’. 415b) is amended— SEC. 514. TECHNICAL AMENDMENTS TO THE NA- SEC. 517. TECHNICAL AMENDMENTS RELATING (1) in subsection (a)(1), by adding at the end TIONAL SECURITY ACT OF 1947. TO THE NATIONAL GEOSPATIAL-IN- the following new subparagraph: The National Security Act of 1947 (50 U.S.C. TELLIGENCE AGENCY. ‘‘(L) The annual report on financial intel- 401 et seq.) is amended as follows: (a) TITLE 5.—Title 5, United States Code, is ligence on terrorist assets required by section (1) In section 102A (50 U.S.C. 403–1)— amended by striking ‘‘National Imagery and 118.’’; and (A) in subsection (d)— Mapping Agency’’ each place it appears and in- (2) in subsection (b), by striking paragraph (i) in paragraph (3), by striking ‘‘subpara- serting ‘‘National Geospatial-Intelligence Agen- (6). graph (A)’’ in the matter preceding subpara- cy’’. SEC. 504. NOTICE OF INTELLIGENCE REGARDING graph (A) and inserting ‘‘paragraph (1)(A)’’; (b) TITLE 44.—Title 44, United States Code, is NORTH KOREA AND CHINA. (ii) in paragraph (5)(A), by striking ‘‘or per- amended— Section 501 of the National Security Act of sonnel’’ in the matter preceding clause (i); and (1) in section 1336— 1947 (50 U.S.C. 413) is amended— (iii) in paragraph (5)(B), by striking ‘‘or agen- (A) in the heading, by striking ‘‘National Im- (1) by redesignating subsection (f) as sub- cy involved’’ in the second sentence and insert- agery and Mapping Agency’’ and inserting section (g); and ing ‘‘involved or the Director of the Central In- ‘‘National Geospatial-Intelligence Agency’’; (2) by inserting after subsection (e) the fol- telligence Agency (in the case of the Central In- and lowing new subsection: telligence Agency)’’; (B) by striking ‘‘National Imagery and Map- ‘‘(f) A notification to the congressional intel- (B) in subsection (l)(2)(B), by striking ‘‘sec- ping Agency’’ each place it appears and insert- ligence committees regarding intelligence infor- tion’’ and inserting ‘‘paragraph’’; and ing ‘‘National Geospatial-Intelligence Agency’’; mation relating to North Korea or China after (C) in subsection (n), by inserting ‘‘AND and all or part of the information has been commu- OTHER’’ after ‘‘ACQUISITION’’. (2) in the table of sections at the beginning of nicated to the governments of North Korea or (2) In section 119(c)(2)(B) (50 U.S.C. chapter 13, by striking the item relating to sec- China, respectively, shall not be construed to 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ and tion 1336 and inserting the following new item: fulfill the duty under this title to keep the con- inserting ‘‘subsection (i)’’. gressional intelligence committees fully and cur- ‘‘1336. National Geospatial-Intelligence Agency: (3) In section 705(e)(2)(D)(i) (50 U.S.C. rently informed of the intelligence activities of special publications.’’. 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ and the United States.’’. (c) SECTION 201 OF THE HOMELAND SECURITY inserting ‘‘responsive’’. SEC. 505. SENSE OF CONGRESS REGARDING USE ACT OF 2002.—Section 201(f)(2)(E) of the Home- SEC. 515. TECHNICAL AMENDMENTS TO THE IN- OF INTELLIGENCE RESOURCES. land Security Act of 2002 (6 U.S.C. 121) is TELLIGENCE REFORM AND TER- amended by striking ‘‘National Imagery and It is the sense of Congress that the resources RORISM PREVENTION ACT OF 2004. authorized under this Act should not be diverted Mapping Agency’’ and inserting ‘‘National (a) AMENDMENTS TO NATIONAL SECURITY IN- from human intelligence collection and other in- Geospatial-Intelligence Agency’’. TELLIGENCE REFORM ACT OF 2004.—The Na- telligence programs designed to combat al Qaeda tional Security Intelligence Reform Act of 2004 The Acting CHAIRMAN. No amend- in order to study global climate change. (title I of Public Law 108–458; 118 Stat. 3643) is ment to the committee amendment is Subtitle B—Technical Amendments amended as follows: in order except those printed in House SEC. 511. TECHNICAL AMENDMENT TO THE CEN- (1) In section 1016(e)(10)(B) (6 U.S.C. Report 110–759. Each amendment may TRAL INTELLIGENCE AGENCY ACT 485(e)(10)(B)), by striking ‘‘Attorney General’’ be offered only in the order printed in OF 1949. the second place it appears and inserting ‘‘De- the report, by a Member designated in Section 5(a)(1) of the Central Intelligence partment of Justice’’. the report, shall be considered read, Agency Act of 1949 (50 U.S.C. 403f(a)(1)) is (2) In section 1071(e), by striking ‘‘(1)’’. amended by striking ‘‘authorized under para- (3) In section 1072(b), in the subsection head- shall be debatable for the time speci- graphs (2) and (3) of section 102(a), subsections ing by inserting ‘‘AGENCY’’ after ‘‘INTEL- fied in the report, equally divided and (c)(7) and (d) of section 103, subsections (a) and LIGENCE’’. controlled by the proponent and an op- (g) of section 104, and section 303 of the Na- (b) OTHER AMENDMENTS TO INTELLIGENCE RE- ponent of the amendment, shall not be tional Security Act of 1947 (50 U.S.C. 403(a)(2), FORM AND TERRORISM PREVENTION ACT OF subject to amendment, and shall not be (3), 403–3(c)(7), (d), 403–4(a), (g), and 405)’’ and 2004.—The Intelligence Reform and Terrorism subject to a demand for division of the inserting ‘‘authorized under section 104A of the Prevention Act of 2004 (Public Law 108–458; 118 question. National Security Act of 1947 (50 U.S.C. 403– Stat. 3638) is amended as follows: 4a)’’. (1) In section 2001 (28 U.S.C. 532 note)— AMENDMENT NO. 1 OFFERED BY MR. REYES SEC. 512. TECHNICAL AMENDMENTS RELATING (A) in subsection (c)(1), by inserting ‘‘of’’ be- The Acting CHAIRMAN. It is now in TO THE MULTIYEAR NATIONAL IN- fore ‘‘an institutional culture’’; order to consider amendment No. 1 TELLIGENCE PROGRAM. (B) in subsection (e)(2), by striking ‘‘the Na- printed in House Report 110–759. (a) IN GENERAL.—Subsection (a) of section tional Intelligence Director in a manner con- Mr. REYES. Mr. Chairman, I have an 1403 of the National Defense Authorization Act sistent with section 112(e)’’ and inserting ‘‘the for Fiscal Year 1991 (50 U.S.C. 404b) is amend- amendment at the desk. Director of National Intelligence in a manner The Acting CHAIRMAN. The Clerk ed— consistent with applicable law’’; and (1) in the heading, by striking ‘‘FOREIGN’’; (C) in subsection (f), by striking ‘‘shall,’’ in will designate the amendment. and the matter preceding paragraph (1) and insert- The text of the amendment is as fol- (2) by striking ‘‘foreign’’ each place it ap- ing ‘‘shall’’. lows: pears. (2) In section 2006 (28 U.S.C. 509 note)— Amendment No. 1 offered by Mr. REYES: (b) RESPONSIBILITY OF DIRECTOR OF NATIONAL (A) in paragraph (2), by striking ‘‘the Fed- At the end of subtitle B of title III, add the INTELLIGENCE.—That section is further amend- eral’’ and inserting ‘‘Federal’’; and following new section: ed— (B) in paragraph (3), by striking ‘‘the spe- (1) in subsections (a) and (c), by striking ‘‘Di- SEC. 321. EXCEPTION TO ALTERNATIVE FUEL cific’’ and inserting ‘‘specific’’. PROCUREMENT REQUIREMENT. rector of Central Intelligence’’ and inserting Section 526(a) of the Energy Independence ‘‘Director of National Intelligence’’; and SEC. 516. TECHNICAL AMENDMENTS TO THE EX- ECUTIVE SCHEDULE. and Security Act of 2007 (42 U.S.C. 17142(a)) (2) in subsection (b), by inserting ‘‘of National (a) EXECUTIVE SCHEDULE LEVEL II.—Section does not prohibit an element of the intel- Intelligence’’ after ‘‘Director’’. 5313 of title 5, United States Code, is amended ligence community from entering into a con- (c) CONFORMING AMENDMENT.—The heading of that section is amended to read as follows: by striking the item relating to the Director of tract to purchase a generally available fuel Central Intelligence and inserting the following that is not an alternative or synthetic fuel ‘‘SEC. 1403. MULTIYEAR NATIONAL INTELLIGENCE new item: or predominantly produced from a non- PROGRAM.’’. conventional petroleum source, if— SEC. 513. TECHNICAL CLARIFICATION OF CER- ‘‘Director of the Central Intelligence Agency.’’. (1) the contract does not specifically re- TAIN REFERENCES TO JOINT MILI- (b) EXECUTIVE SCHEDULE LEVEL III.—Section quire the contractor to provide an alter- TARY INTELLIGENCE PROGRAM AND 5314 of title 5, United States Code, is amended native or synthetic fuel or fuel from a non- TACTICAL INTELLIGENCE AND RE- by striking the item relating to the Deputy Di- LATED ACTIVITIES. conventional petroleum source; rectors of Central Intelligence and inserting the Section 102A of the National Security Act of (2) the purpose of the contract is not to ob- following new item: 1947 (50 U.S.C. 403–1) is amended— tain an alternative or synthetic fuel or fuel (1) in subsection (c)(3)(A), by striking ‘‘an- ‘‘Deputy Director of the Central Intelligence from a nonconventional petroleum source; nual budgets for the Joint Military Intelligence Agency.’’. and Program and for Tactical Intelligence and Re- (c) EXECUTIVE SCHEDULE LEVEL IV.—Section (3) the contract does not provide incentives lated Activities’’ and inserting ‘‘annual budget 5315 of title 5, United States Code, is amended for a refinery upgrade or expansion to allow for the Military Intelligence Program or any by striking the item relating to the General a refinery to use or increase its use of fuel successor program or programs’’; and Counsel of the Office of the National Intel- from a nonconventional petroleum source.

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6618 CONGRESSIONAL RECORD — HOUSE July 16, 2008 Page 70, line 3, strike ‘‘and’’. order. I’m disappointed that in this from Michigan (Mr. HOEKSTRA) and a Page 70, strike line 7 and insert the fol- case, the process that has been so suc- Member opposed each will control 5 lowing: ‘‘dated or no longer relevant; and’’. cessful in terms of working together minutes. Page 70, after line 7 insert the following: was not continued. In the future, I hope The Chair recognizes the gentleman ‘‘(12) an assessment of the feasibility of employing foreign nationals lawfully present that the process will be more trans- from Michigan. in the United States who have previously parent and enable a fair opportunity to Mr. HOEKSTRA. Mr. Chairman, I worked as translators or interpreters for the review and understand the provisions strongly support this amendment. It Armed Forces or another department or that are being included in the man- was originally going to be offered by agency of the Federal Government in Iraq or ager’s amendment before they are sub- my colleague, the distinguished Repub- Afghanistan to meet the critical language mitted to the Rules Committee and be- lican whip. He was called to the White needs of such element.’’. fore we are required to go to the Rules House, and I consider it an honor to Page 72, line 18, insert ‘‘and analysis’’ after Committee to testify. move this amendment forward on his ‘‘collection’’. We support the manager’s amend- behalf. Page 72, line 21, insert ‘‘and analysis’’ after The amendment highlights not only ‘‘collection’’. ment. We don’t support the process. The Acting CHAIRMAN. Pursuant to But we continue to work on the process the absolute success of the Colombian House Resolution 1343, the gentleman and those things as we go through that. Government in its rescue of American With that, I will yield back the bal- and Colombian hostages that had been from Texas (Mr. REYES) and a Member ance of my time. opposed each will control 5 minutes. held for years by a narcoterrorist orga- Mr. REYES. Mr. Chairman, while we nization, but also the clear successes of The Chair recognizes the gentleman have no additional speakers, I just from Texas. the Colombian Government’s efforts wanted to assure the ranking member after years of close cooperation with Mr. REYES. Mr. Chairman, the re- that, as has been stated, like the bill, vised Reyes/Murphy manager’s amend- the United States. this is not a perfect bill. We’re still I want to take this opportunity to ment does several things. First, it working through the process, and I as- commend President Uribe and the makes clear that the intelligence com- sure him we will continue to work to- Armed Forces and the National Police munity may enter into a contract to gether. of Colombia on their efforts on this res- purchase a generally available fuel I yield back the balance of my time. cue and their many successes in imple- that is not an alternative or synthetic The Acting CHAIRMAN. The ques- menting Plan Colombia. The amend- fuel or produced from a non conven- tion is on the amendment offered by ment emphasizes the strong need to tional petroleum source provided that the gentleman from Texas (Mr. REYES). continue our close cooperation to work certain criteria are met. Some mem- The amendment was agreed to. towards finishing the job in Colombia. bers of our committee were interested AMENDMENT NO. 2 OFFERED BY MR. HOEKSTRA We will continue to follow these issues in addressing this issue, and we, Mr. The Acting CHAIRMAN. It is now in closely and carefully in the committee, Chairman, have done our best to han- order to consider amendment No. 2 and I appreciate the Whip’s efforts to dle it within the jurisdiction of our printed in House Report 110–759. focus attention on this important committee. Mr. HOEKSTRA. Mr. Chairman, I Second, we included an amendment issue. would like to, as the designee of Mr. With that, I reserve the balance of offered by Mr. WELCH to require an as- BLUNT, call forward the second amend- my time. sessment of the feasibility of employ- ment. Mr. REYES. Mr. Chairman, I rise to ing individuals who have worked for The Acting CHAIRMAN. The Clerk claim the time in opposition to the will designate the amendment. the Federal Government in Iraq or Af- amendment, but I support this amend- The text of the amendment is as fol- ghanistan as translators or inter- ment. lows: preters. It fits very well with the com- The Acting CHAIRMAN. Without ob- mittee’s other reporting requirements Amendment No. 2 offered by Mr. HOEK- jection, the gentleman from Texas is STRA: on foreign languages. I believe it will recognized for 5 minutes. be helpful to know whether the intel- At the end of subtitle A of title V, add the following new section: There was no objection. ligence community can benefit from SEC. 506. SENSE OF CONGRESS REGARDING CO- Mr. REYES. This amendment ex- those individuals who have already LOMBIAN PARAMILITARY ORGANIZA- presses congressional support of Co- served our government in Iraq or Af- TIONS. lombia in its most recent success ghanistan. It is the sense of Congress that— against the FARC. I thank the minor- And finally, Mr. Chairman, the man- (1) the permanent defeat of the Revolu- ity leader for offering it. ager’s amendment makes a technical tionary Armed Forces of Columbia (FARC), The United States should support United Self-Defense Forces of Colombia correction to a report on intelligence (AUC), National Liberation Army (ELN), and democratic nations in their efforts resources devoted to Iraq and Afghani- other Colombian paramilitary organizations against violent terrorist groups such as stan. This correction is designed to en- is in the national interest of the United FARC. We are all proud of the recent sure that the report captures both col- States; rescue of U.S. and Colombian hostages lection and analysis resources. (2) the Colombian operation that liberated held by the FARC. This operation So, with that, Mr. Chairman, I urge Americans Keith Stansell, Marc Gonsalves, shows the strength, resourcefulness, my colleagues to support the man- and Thomas Howes and Ingrid Betancourt and valor of the Colombian military. ager’s amendment, and reserve the bal- and 11 other Colombian hostages from the These qualities were developed through FARC on July 2, 2008, demonstrated the pro- ance of my time. fessionalism of Colombian security forces cooperation between the U.S. and Co- b 1415 and intelligence operatives; lombia. (3) intelligence and other cooperation by In the past years, Colombia has made Mr. HOEKSTRA. Mr. Chairman, I the United States has played a key role in great strides against the FARC and would like to claim the time in opposi- developing and reinforcing the capabilities of greatly has reduced their strength. Re- tion to the amendment. the Government of Colombia to address ter- publicans and Democrats alike have The Acting CHAIRMAN. The gen- rorist and narcoterrorist threats; supported assistance to Colombia for tleman from Michigan is recognized for (4) intelligence and other cooperation by the past decade. We must continue to 5 minutes. the United States has significantly contrib- do so. Mr. HOEKSTRA. While I will not op- uted to the continued success of the Govern- ment of Colombia in impacting the capabili- I urge my colleagues to support this pose this amendment, I do want to note amendment. my concern that it includes sub- ties of terrorist and narcoterrorist groups that have threatened the national security I yield back the balance of my time. stantive provisions that were not in- of Colombia and the United States; and Mr. HOEKSTRA. Mr. Chairman, how cluded in the amendment when it was (5) it is critical that such assistance con- much time do I have remaining? originally submitted to the Committee tinue in order to support the Government of The Acting CHAIRMAN. The gen- on Rules. Colombia in its efforts to continue to cap- tleman from Michigan has 4 minutes On this side, we did not have an op- italize on those successes. remaining. The gentleman from Texas portunity to review those provisions The Acting CHAIRMAN. Pursuant to has yielded back his remaining min- before the amendment was made in House Resolution 1343, the gentleman utes.

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE July 16, 2008 CONGRESSIONAL RECORD — HOUSE H6619 Mr. HOEKSTRA. Mr. Chairman, at as they made progress in bringing down SEC. 418. MEMORANDUM TO HOLDERS OF NA- this time I would like to yield myself 1 violence. The murder rate has been re- TIONAL INTELLIGENCE ESTIMATE ON IRAN. minute. duced by 40 percent. In fact, for labor Not later than 90 days after the date of the Again, this is an amendment that unionists, trade activists, trade union enactment of this Act, the Director of Na- talks about the success of the pro- activists, it’s down about 85 percent. tional Intelligence shall issue a memo- grams that we have been working on in Tremendous. randum to holders of the National Intel- a bipartisan basis with the Colombian The Acting CHAIRMAN. The time of ligence Estimate entitled ‘‘Iran: Nuclear In- Government, highlighted, of course, by the gentleman has expired. tentions and Capabilities’’ regarding any in- the recent rescue of the American and Mr. WELLER of Illinois. I urge bipar- telligence on the nuclear program of Iran Colombian and other hostages that had that has been gathered or emerged since the tisan support for this amendment. publication of such National Intelligence Es- been held for years; but more impor- Mr. HOEKSTRA. Mr. Chairman, I be- timate in October, 2007. tantly, we have worked in a partici- lieve I have 1 minute remaining; is that The Acting CHAIRMAN. Pursuant to pative way, in a collaborative way, in a correct? House Resolution 1343, the gentleman number of different areas, on the diplo- The Acting CHAIRMAN. The gen- from New Jersey (Mr. HOLT) and a matic front, political front, and also on tleman has 1 minute remaining. Member opposed each will control 5 an intelligence and military front and Mr. HOEKSTRA. I would like to yield continue to do that, not only to free minutes. my last minute to my colleague from The Chair recognizes the gentleman the hostages but also to make a firm Florida (Mr. MARIO DIAZ-BALART). statement against narcotraffickers from New Jersey. Mr. MARIO DIAZ-BALART of Flor- Mr. HOLT. Mr. Chairman, I need not that the Colombian Government, the ida. I want to thank the sponsor of this U.S. Government, and others are com- be long. sense of Congress. This is a straightforward, simple mitted to stopping the narcotraffic We saw just a few weeks ago what which is kind of performing and acting amendment that I hope will be without happened in Colombia where the Co- controversy. My amendment to the In- as a cancer in both the United States lombian military and that democrat- and Colombia. telligence Authorization Act would re- ically elected government freed a num- quire the Director of National Intel- This amendment by Mr. BLUNT that I ber of hostages, including Americans, have the privilege of offering recog- ligence to inform all recipients of the that had been held hostage for over 5 October 2007 National Intelligence Esti- nizes the participation and the work of years. If there’s ever been a time when the various governments, the various mate on Iran’s nuclear program of any U.S. aid has been used effectively, we new intelligence on this subject that agencies, and the various individuals saw it just a few days ago. that have enabled this program to be has emerged since the publication last It is time that this Congress stop fall. successful. criticizing the democratically elected With that, Mr. Chairman, I would The October 2007 NIE was prepared government of Colombia. Stop criti- with new and, I would say, improved like to yield 2 minutes to my colleague cizing the Colombian people and start from Illinois (Mr. WELLER). procedures and provided us with in- putting the blame where the blame sights into the status of the Iranian Mr. WELLER of Illinois. Mr. Chair- needs to be, and that is on those mur- man, I rise in support of this amend- nuclear program. As you know, Mr. derous FARC. The Colombian Govern- Chairman, the intelligence process is ment. ment is doing an incredible job, a won- If you travel in Latin America and not static. This amendment is designed derful job fighting those narcoterrorist to ensure that Congress and others in you ask someone in Latin America who thug murderers, and they’re doing it is America’s best friend, who is Amer- the executive branch get the very lat- with our help. It’s great that we’re fi- est information on Iran’s nuclear pro- ica’s most reliable partner and ally, nally going to commend them. they would say President Uribe of the gram in a timely fashion and developed I hope that this is just the first step. Republic of Colombia. with good intelligence procedures. I hope we pass a free trade deal with Ladies and gentlemen, I’m here today I believe I have no other speakers, Colombia because they deserve it. The to stand in support of this amendment but I will reserve my time. democracy in Colombia deserves it, and that thanks America’s best friend, Mr. HOEKSTRA. Mr. Chairman, I ask we cannot turn our back. I hope we America’s most reliable and partnered unanimous consent to take the time in also stop that cut to our friend Colom- ally, particularly on the war on nar- opposition, although I will not oppose bia that reduces the funding to the cotics and counterterrorism, and to the amendment. Government of Colombia. thank them for the successful rescue of The Acting CHAIRMAN. Without ob- The Acting CHAIRMAN. The ques- three Americans. And it was done with- jection, the gentleman from Michigan tion is on the amendment offered by out a shot being fired, without loss of is recognized for 5 minutes. the gentleman from Michigan (Mr. life. There was no objection. It was an incredible operation, an op- HOEKSTRA). Mr. HOEKSTRA. Thank you, Mr. eration based on good intelligence, on The question was taken; and the Act- Chairman. good work by the Colombian military ing Chairman announced that the ayes I support this amendment. In the and the resources that had been made appeared to have it. committee, I offered a similar amend- available thanks to the work of many Mr. HOEKSTRA. Mr. Chairman, I de- ment that would have required a re- in this Congress. That’s good news, and mand a recorded vote. vised National Intelligence Estimate we want to say thank you to our friend The Acting CHAIRMAN. Pursuant to on Iran. The discovery of the al Kibar and ally. clause 6 of rule XVIII, further pro- facility in Syria shortly after the origi- You know, there’s a reason that ceedings on the amendment offered by nal National Intelligence Estimate on President Uribe today enjoys an ap- the gentleman from Michigan will be Iran came out clearly suggested that proval rating of almost 90 percent. He’s postponed. prior assessments with respect to pro- the most popular elected official in the AMENDMENT NO. 3 OFFERED BY MR. HOLT liferation should be reviewed and re- entire Western Hemisphere. And that’s The Acting CHAIRMAN. It is now in evaluated and the confidence level re- because he’s made tremendous progress order to consider amendment No. 3 assessed. in dealing with the FARC and the ELN printed in House Report 110–759. The previous NIE on Iran was so and the paramilitaries, those who have Mr. HOLT. Mr. Chairman, I have an poorly drafted and so seriously under- threatened the peace and security of amendment at the desk. mined by subsequent developments in that great nation for the last four dec- The Acting CHAIRMAN. The Clerk intelligence that I thought it was nec- ades. He has made tremendous will designate the amendment. essary for the DNI to go back to the progress. The text of the amendment is as fol- drawing board and start over. While And his record is successful. You lows: my amendment was not successful, I look at it. Poverty has decreased by 10 Amendment No. 3 offered by Mr. HOLT: believe that this amendment helps to percent. Today, 40 percent of the na- At the end of subtitle A of title IV, add the address the issues I was attempting to tional budget is spent on social needs, following new section: raise.

VerDate Aug 31 2005 02:21 Oct 23, 2008 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD08\H16JY8.REC H16JY8 mmaher on PROD1PC76 with CONG-REC-ONLINE H6620 CONGRESSIONAL RECORD — HOUSE July 16, 2008 Therefore, I will support this amend- dismayed to learn that over the past Congress should not try to under- ment. few months, intelligence bureaucrats mine this effort by sending contradic- I yield back the balance of my time at the State Department, the National tory messages about the use of these Mr. HOLT. Mr. Chairman, I yield Counterterrorism Center, and the De- terms. back the balance of my time. partment of Homeland Security have I oppose this amendment, Mr. Chair- The Acting CHAIRMAN. The ques- issued memos imposing speech codes man. tion is on the amendment offered by on how their employees can describe al I reserve the balance of my time. the gentleman from New Jersey (Mr. Qaeda and other radical jihadist Mr. HOEKSTRA. Mr. Chairman, how HOLT). groups. They won’t even be able to use much time do I have remaining? The amendment was agreed to. the words these groups use themselves The Acting CHAIRMAN. The gen- 1 b 1430 to describe themselves. These agencies tleman from Michigan has 2 ⁄2 minutes within the intelligence community remaining. AMENDMENT NO. 4 OFFERED BY MR. HOEKSTRA won’t be able to use those words. Mr. HOEKSTRA. At this time, I’d The Acting CHAIRMAN. It is now in Mr. Chairman, free speech should not like to yield 11⁄2 minutes to my col- order to consider amendment No. 4 be controversial, nor should candid, ac- league from Michigan (Mr. ROGERS). printed in House Report 110–759. curate, and fair discussion of the self- Mr. ROGERS of Michigan. This is the Mr. HOEKSTRA. Mr. Chairman, I professed goals of the terrorists that one thing that just has me scratching offer an amendment. attack our homeland and have sworn my head. Every day, analysts in the IC The Acting CHAIRMAN. The Clerk to kill more Americans. community will hear those words, ‘‘ca- will designate the amendment. I find it more than ironic that some liphate,’’ ‘‘jihadist,’’ ‘‘Muslim extre- The text of the amendment is as fol- who have complained the loudest about mism,’’ because those are the words of lows: politicization in the intelligence com- our enemy. And what we’re telling this Amendment No. 4 offered by Mr. HOEK- munity would oppose this simple whole community, whose job it is to STRA: amendment to prevent the politically keep us informed and keep people who At the end of subtitle A of title V, add the are going to do these intelligence in- following new section: correct politicization of our Nation’s intelligence community. We all know vestigations informed, is who they are, SEC. 506. JIHADISTS. what they are, and how they use words, None of the funds authorized to be appro- that political correctness can be the priated by this Act may be used to prohibit enemy of clarity. including coming up and briefing mem- or discourage the use of the words or phrases We also know that radical jihadists bers of the State Department, ambas- ‘‘jihadist’’, ‘‘jihad’’, ‘‘Islamo-fascism’’, ‘‘ca- have made repeated efforts to stifle sadors, and other things. liphate’’, ‘‘Islamist’’, or ‘‘Islamic terrorist’’ free speech in the West, including the So what you’re saying is no more free by or within the intelligence community or murder of Dutch film maker, Theo van speech; we’re going to hurt somebody’s the Federal Government. Gogh, and frequent death threats feelings. We don’t want to say that ter- The Acting CHAIRMAN. Pursuant to against authors, cartoonists, and jour- rorists are using words like ‘‘caliph- House Resolution 1343, the gentleman nalists. ate,’’ they’re using words like ‘‘jihad.’’ from Michigan (Mr. HOEKSTRA) and a Let’s not give the radical jihadists a This is the craziest thing I have ever Member opposed each will control 5 victory here by imposing a speech code heard. It is political correctness that is minutes. on America’s intelligence community. dangerous. The Chair recognizes the gentleman With that, I will reserve the balance If you ask the average American, from Michigan. of my time. should we shut down these people’s use Mr. HOEKSTRA. At this time, I yield Mr. REYES. Mr. Chairman, I rise to of the words in describing it to public myself whatever time I may consume. claim the time in opposition to this officials, they will scratch their head Mr. Chairman, I rise today in support amendment. and laugh. But that’s exactly what you of my amendment to prohibit the use The Acting CHAIRMAN. The gen- do when you create these artificial sys- of funds in this bill to discourage ana- tleman from Texas is recognized for 5 tems of the speech police. lysts from using the words ‘‘jihadist,’’ minutes. Do you want them to walk around ‘‘jihad,’’ ‘‘caliphate,’’ ‘‘Islamist’’ or Mr. REYES. Mr. Chairman, I oppose the halls and police those who may slip ‘‘Islamic terrorist’’ by or within the in- this amendment, which incidentally and use the word ‘‘jihadist’’ after telligence community or the United was offered in our committee but quoting Osama bin Laden in trying to States Government. which was not agreed to. get somebody to understand the dan- We are dealing with an enemy that For years, Members have come to gers that they pose to the United speaks in no uncertain terms about its this floor to talk about the need to win States of America? desire to attack our homeland and kill the hearts and minds of moderate Mus- I would just ask my colleagues, innocent Americans. In a statement re- lims. This was one of the central rec- please, use a little common sense. This leased in March, Osama bin Laden said ommendations of the 9/11 Commission. surpasses any, any commonsense test the following: The Department of Homeland Secu- you can put together when it comes to ‘‘God, make the mujahedin in Pal- rity, the National Counterterrorism free speech, number one, and accu- estine, Iraq, Afghanistan, the Islamic Center, and the State Department have rately communicating between the Maghreb, the Arabian Peninsula, So- issued careful guidance to their em- powers that be, the intelligence com- malia, Chechnya, and everywhere vic- ployees saying in effect, when you see munity and policy-makers that need to torious. God, defeat our enemies of the the term ‘‘jihad’’ to describe a violent have the same language that our Jews, the Christians, and their sup- form of terrorism, you might be alien- enemy does to understand who they are porters.’’ ating those moderate Muslims who and how dangerous they are. More recently, in May bin Laden said want to join us in the fight against ter- Mr. REYES. Mr. Chairman, how the following: rorism. much time do I have remaining? ‘‘O youths of the generation: Jihad is The government must consider how The Acting CHAIRMAN. The gen- the only way to liberate Palestine and its words will be interpreted by its au- tleman from Texas has 31⁄2 minutes re- al-Aqsa Mosque and to regain the or- dience. If Muslims around the world maining. thodox caliphate, God willing.’’ hear something other than what we Mr. REYES. Mr. Chairman, with Al Qaeda itself uses these terms to want to say, we will simply not achieve that, I will yield the gentlelady from describe its fight against America, our our goals. California (Ms. HARMAN), former rank- allies, and moderate Muslims around This is sensible guidance, not polit- ing member of this committee, 21⁄2 min- the world. Why then would we prohibit ical correctness. Language is a stra- utes. our intelligence professionals from tegic weapon in the war of ideas. We Ms. HARMAN. I thank the chairman using the same words to accurately de- should, therefore, use it wisely. The ad- for yielding to me, and I commend him scribe al Qaeda’s stated goals? ministration has obviously realized and the ranking member for crafting a Yet that is exactly what some in this and has provided appropriate guid- very good bill. Many parts of this bill Washington are attempting to do. I was ance. that reflect work we did together in

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The Acting CHAIRMAN. Pursuant to political correctness or censorship. I How will America understand the na- House Resolution 1343, the gentle- don’t think my opposition is based on ture and the character of our enemy if woman from California (Ms. HARMAN) either of those things. we can’t use the words that they use to and a Member opposed each will con- Former Defense Secretary Rumsfeld describe themselves and we need to trol 5 minutes. once wrote a snowflake which asked, come up with a whole new language The Chair recognizes the gentle- Are we capturing and killing them that is totally out of context with the woman from California. faster than they are rising up against enemy and the nature of the threat Ms. HARMAN. Mr. Chairman, I rise us? The answer was no, and it’s still no. that we face today? in support of the Harman-Ehlers It does matter that we try to win the I urge my colleagues to support this amendment, and I’m pleased to be here argument, and not just with the next commonsense amendment. on the House floor once again with my generation who could become suicide The Acting CHAIRMAN. The ques- friend VERN EHLERS to call attention bombers or build the next lethal gen- tion is on the amendment offered by to a looming crisis in our aerospace in- eration of IEDs, but we win the argu- the gentleman from Michigan (Mr. dustrial base. ment with moderate Muslims, many of HOEKSTRA). I represent the heart of the space in- whom live in the United States and The question was taken; and the Act- dustrial base and have long called my want to help us. ing Chairman announced that the noes district the satellite center of the uni- And their guidance has gone into this appeared to have it. verse. Most of the intelligence sat- guidance, published by the Homeland Mr. HOEKSTRA. Mr. Chairman, I de- ellites built in the United States are Security Department, which is that we mand a recorded vote. built in my district, and that is why it not use language that inflames. The Acting CHAIRMAN. Pursuant to was such an honor to serve for 8 years To the gentleman from Michigan, clause 6 of rule XVIII, further pro- on the Intelligence Committee and why there is no prohibition in this to ceedings on the amendment offered by I’m so proud of the work the com- quoting the statements of Osama bin the gentleman from Michigan will be mittee is doing. Laden and others who use these hateful postponed. I have always been mindful of the words. Why would we want to sensor The Acting CHAIRMAN. The Com- need for a skilled industrial base. Sim- that? The prohibition is directed at mittee will rise informally. ply put, rocket scientists don’t grow on ourselves, words that will inflame the The Speaker pro tempore (Mr. HIN- trees. Earlier this year, on a visit to a very communities we’re trying to con- CHEY) assumed the chair. vince. major aerospace firm in my district, I would just close with the observa- f there was a stark reminder of the crisis tion that if we had thought a little MESSAGE FROM THE PRESIDENT facing this industry. longer about using the phrase ‘‘axis of A message in writing from the Presi- b 1445 evil’’ we might have, it seems to me, dent of the United States was commu- Following a briefing on an important engendered more cooperation on the nicated to the House by Ms. Wanda satellite program, I asked if any of the part of some countries that have, Evans, one of his secretaries. employees in attendance had anything sadly, moved far away from us, and en- The SPEAKER pro tempore. The to tell me. A 31-year-old engineer gendered more cooperation on the part Committee will resume its sitting. raised his hand and said, ‘‘All my peers of populations which now look at f are gone.’’ Engineers his age, he ex- America with disapproval. plained, are leaving the aerospace in- Mr. HOEKSTRA. Mr. Chairman, I be- INTELLIGENCE AUTHORIZATION dustry for other fields, and very few lieve I have the right to close, so I will ACT FOR FISCAL YEAR 2009 are taking their place. reserve the balance of my time. The Committee resumed its sitting. The problem is two-fold. More than Mr. REYES. Mr. Chairman, I will 60 percent of aerospace industry work- AMENDMENT NO. 5 OFFERED BY MS. HARMAN just yield myself the remainder of my ers are over 45, and 26 percent of them The Acting CHAIRMAN. It is now in time to say that this is not about polit- are eligible for retirement this year. So order to consider amendment No. 5 ical correctness. This is about recog- the result is a looming demographic printed in House Report 110–759. nizing that words matter and the way cliff that leaves the intelligence com- we use words matter, particularly to Ms. HARMAN. Mr. Chairman, I offer munity and the industry without the those that we’re trying to influence an amendment. intellectual capital necessary to keep and those that we’re trying to bring The Acting CHAIRMAN. The Clerk pace with global competitors. There over in this war of ideas. will designate the amendment. are many reasons for this. Part of it is I think it’s important to recognize The text of the amendment is as fol- the training we give kids in secondary that, again, it’s not about political cor- lows: school. Part of it is Congress and the rectness. It’s about using common Amendment No. 5 offered by Ms. HARMAN: Department of Defense, who don’t nec- sense. At the end of subtitle A of title III, add the essarily provide predictable funding And with that, I yield back the bal- following new section: streams. ance of my time. SEC. 310. SENSE OF CONGRESS REGARDING THE We saw the results of our failure in NEED FOR A ROBUST WORKFORCE. Mr. HOEKSTRA. Mr. Chairman, I the 1990s, when we declared a peace div- yield myself the balance of my time. It is the sense of Congress that— (1) a robust and highly skilled aerospace idend, cut our procurement budgets, This is absolutely about political cor- industry workforce is critical to the success then tried to do defense procurement rectness. If we can’t use the words that of intelligence community programs and op- and satellite manufacturing on the our enemies use to describe themselves erations; cheap, and guess what happened? and their activities, when they say (2) voluntary attrition, the retirement of Launch failures, performance prob- jihad is the only way to liberate Pal- many senior workers, and difficulties in re- lems, and engineers abandoning the in- estine, and we go to local law enforce- cruiting could leave the intelligence commu- dustry in droves. We have finally man- ment, when we go to others in America nity without access to the intellectual cap- aged to regrow some of these special- and we describe the motivations and ital and technical capabilities necessary to identify and respond to potential threats; ties just at a time when, again, because the intentions of those who wish to do and of age and because other careers are us harm, I ask my colleagues, how do (3) the Director of National Intelligence more sexy, we may lose these people you expect the intelligence community should work cooperatively with other agen- forever. This will hurt our national se- to explain the behavior or the motiva- cies of the Federal Government responsible curity. And this is why our amendment

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