Congressional Record: June 25, 2003 (House)
Page H5866-H5870
PROVIDING FOR CONSIDERATION H.R. 2417, INTELLIGENCE AUTHORIZATION ACT
FOR FISCAL YEAR 2004
Mr. GOSS. Mr. Speaker, by direction of the Committee on Rules, I call
up House Resolution 295, and ask for its immediate consideration.
The Clerk read the resolution as follows:
H. Res. 295
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (H.R. 2417) to authorize appropriations for fiscal
year 2004 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes. The
first reading of the bill shall be dispensed with. All points
of order against consideration of the bill are waived.
General debate shall be confined to the bill and shall not
exceed one hour equally divided and controlled by the
chairman and ranking minority member of the Permanent Select
Committee on Intelligence. After general debate the bill
shall be considered for amendment under the five-minute rule.
It shall be in order to consider as an original bill for the
purpose of amendment under the five-minute rule the amendment
in the nature of a substitute recommended by the Permanent
Select Committee on Intelligence now printed in the bill. The
committee amendment in the nature of a substitute shall be
considered as read. All points of order against the committee
amendment in the nature of a substitute are waived. No
amendment to the committee amendment in the nature of a
substitute shall be in order except those printed in the
report of the Committee on Rules accompanying this
resolution. Each amendment may be offered only in the order
printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, and
shall not be subject to a demand for division of the question
in the House or in the Committee of the Whole. All points of
order against such amendments are waived. At the conclusion
of consideration of the bill for amendment the Committee
shall rise and report the bill to the House with such
amendments as may have been adopted. Any Member may demand a
separate vote in the House on any amendment adopted in the
Committee of the Whole to the bill or to the committee
amendment in the nature of a substitute. The previous
question shall be considered as ordered on the bill and
amendments thereto to final passage without intervening
motion except one motion to recommit with or without
instructions.
The SPEAKER pro tempore. The gentleman from Florida (Mr. Goss) is
recognized for 1 hour.
Mr. GOSS. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the distinguished gentleman from Florida (Mr.
Hastings), my colleague and friend, who I am happy to report sits on
both the Committee on Rules and the Permanent Select Committee on
Intelligence with me, pending which I yield myself such time as I may
consume. During consideration of this resolution, all time yielded is
for the purposes of debate only.
Mr. Speaker, the Committee on Rules has granted a modified open rule
for H.R. 2417, the Intelligence Authorization Act for fiscal year 2004.
This is the standard rule that we have used for many years for the
consideration of the intelligence authorization. The rule is fair. It
will allow ample time for consideration of all matters.
The rule provides for one hour of general debate equally divided
between the chairman and ranking member of the Permanent Select
Committee on Intelligence. Pro forma amendments listed in the report
will be debatable under the 5-minute rule.
As in past rules for this legislation, amendments were required to be
preprinted. This allowed for the vetting of amendments regarding
classified matters, a procedure we have found to be a very good
practice, helpful to both the committee and Members.
Finally, the rule provides one motion to recommit with or without
instructions, as was announced.
Mr. Speaker, as in past years, we thought it best to allow Members a
good opportunity to review the bill and debate the issues that they
feel are important, those particularly to our Nation's security at this
time when national security is on our minds. Our classified annex and
staff has been made available to any Member of Congress that was
interested previously or is interested now in reviewing the underlying
bill and reports.
{time} 1600
H.R. 2417 is, in fact, must-do legislation because of the rules of
the House. It authorizes appropriations for fiscal year 2004
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System. In effect, what
that is is the 15 agencies of the intelligence community.
In the nearly 2 years since the tragic terrorist attacks on September
11, the intelligence community continues to build its capabilities to
combat new threats that are threats to our Nation's safety, the well-
being of Americans at home and abroad. The bill authorizes resources to
improve the analytical depth and capacity in all areas of intelligence,
an area that has been in crying need. This will allow us to process and
disseminate the information collected in a more efficient, hopefully
wiser and more timely fashion, and make sure all interested parties
have access.
In addition, this legislation continues the sustained effort and
long-term strategy to enhance human intelligence, an area that is vital
to our current war on terrorism and is essentially the core business of
intelligence, plans, and intentions of the enemy. H.R. 2417 helps to
improve information sharing among Federal, State, and local
governments. This is an area and a desire where we have overlapping
interests with other committees in the House. This bill also provides
including increased training for State and local officials on how the
intelligence community can support their counterterrorism efforts,
again, a matter of some overlapping interest.
Mr. Speaker, these are only a few highlights from the bill that
passed the Permanent Select Committee on Intelligence unanimously, in
the true bipartisan fashion we like to operate our House Permanent
Select Committee on. I am sure a whole breadth of topics will be
discussed during our general debate; and I think that we have, in this
modified open rule, provided ample opportunity for all matters to come
to the floor.
I noted today in earlier debate that there was focus on one issue
that was not necessarily the subject that was under debate, and that
was the intelligence assessments of Iraq's weapons of mass destruction.
Obviously, this is a topic currently under review by the House
Permanent Select Committee on Intelligence, and I would like all
Members and all interested listeners to understand that we have been
conducting a review on the House Permanent Select Committee to
discharge properly our oversight responsibilities. We have been using
the tools of oversight that are available to us. I think they are
adequate, and I think they are being well used. I think we are using
them in a thorough and in a nonpartisan manner. And, in fact, the
ranking member, the gentlewoman from California (Ms. Harman), and I
have taken extra steps to detail how this review will be conducted and
have actually issued a public statement on that.
[[Page H5867]]
I think it is worth rehashing what that statement says: committee
hearings, closed and open, as appropriate, that will permit Members to
question senior administration officials about the prewar intelligence
on Iraq's weapons of mass destruction holdings and programs, and its
links to terrorism, to include questions relating to the sufficiency of
intelligence collection and analytical coverage on these targets.
Granting accesses to any Member of the House who wishes, under
appropriate security provisions and House rules, to review the
documentation provided to the Committee by the Director of Central
Intelligence in response to a May 22 letter from the gentlewoman from
California (Ms. Harman) and myself to provide information. And I am
happy to report we are getting full cooperation from the Director of
Central Intelligence on that.
Staff interviews of intelligence community personnel involved in
drafting intelligence community analyses of Iraq's weapons of mass
destruction holdings and programs and Iraqi links to terrorism.
Regular committee updates and status reports on current efforts to
locate Iraq's weapons of mass destruction, which, after all, is a
priority, including actions of the Iraq Survey Group and other
government agencies employed in that task.
And a written report suitable to the results of the committee's
review, including an unclassified summary as promptly as is possible.
In fact, I would say, Mr. Speaker, the committee has taken a very
important additional step in its review. We have voted to allow access
to the 19 volumes that we now have on hand of information provided by
the Director of Central Intelligence outlining American intelligence
analysis on Iraq and the sources that supported it. I do not believe we
have ever done anything that specific before.
To those who believe that the Permanent Select Committee on
Intelligence is not doing its job or that we are incapable of doing our
job, they can come and literally read over our shoulder. I think that
the committee is doing its job, and I am very proud of its members and
its staff and the way it works; and I am very thankful that I have a
ranking member who is anxious to preserve the nonpartisan approach that
we take to the Nation's important security business.
Those who have questions about the competence of myself, my ranking
member, or any of the other members on the Permanent Select Committee
on Intelligence are welcome to express that today in a vote of no
confidence; but I would urge that they not do that. We are doing our
very best, and if you would like to come upstairs and help us try to do
it better, we would welcome your presence.
Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Florida. Mr. Speaker, I first want to thank my good
friend, the gentleman from Florida (Mr. Goss), the distinguished
chairman of the Permanent Select Committee on Intelligence, for
yielding me the time, and I yield myself such time as I may consume.
Mr. Speaker, I would like to first point to the extraordinary
leadership of the gentleman from Florida (Mr. Goss) and the ranking
member, the gentlewoman from California (Ms. Harman), and the
bipartisan spirit of the unanimous consent of the entire Permanent
Select Committee on Intelligence in support of H.R. 2417. I rise in
support of the rule providing for the consideration of that measure. It
is the Intelligence Authorization Act for fiscal year 2004. This is a
modified open rule, and I believe that it is adequate for a bill that
is relatively noncontroversial and was reported from the Permanent
Select Committee on Intelligence by unanimous vote, as I just said.
I would like to reiterate a part of what the gentleman from Florida
(Mr. Goss) has said and state to Members who wish to do so that they
can go to the committee's office to examine the classified schedule of
authorizations for the National Intelligence Program. This schedule
includes the CIA, as well as the Foreign Intelligence and
Counterintelligence programs within the Department of Defense, the
National Security Agency, the FBI, and the Departments of State,
Treasury, and Imaging.
Also included in the classified documents are the authorizations for
the Tactical Intelligence and related activities and the Joint Military
Intelligence program of the Department of Defense.
Mr. Speaker, the Intelligence Authorization Act we consider today
will provide authorizations for some of the most important national
security programs in this country. This bill is the result of the
committee's ongoing oversight of the intelligence community and
oversight responsibilities, which include hundreds of hearings,
briefings, and site visits annually.
We are well aware that the global war on terrorism has focused even
greater attention on the intelligence community and its mission. The
men and women who serve in this community have faced many challenges in
the past 21 months and, in my judgment, have responded admirably. This
bill assists them in these many challenges. It fully supports the
intelligence community's efforts in the war on terrorism by providing
funds for analysis, analytic tools, and a unified overhead imagery
architecture.
Overall, the committee found the intelligence community is making
progress in many areas, but noted that there is currently no one office
in the executive branch that is charged with coordinating all elements
of the intelligence and law enforcement communities to ensure they
cooperate and coordinate their efforts.
The committee also called on the Director of Central Intelligence to
improve diversity in the workplace and special attention on recruitment
initiatives for women and minorities. I would be terribly remiss right
here if I did not mention two former members, one still alive and one
who is deceased: former member Louis Stokes from Ohio, and our dear
departed friend Julian Dixon, from California, both of whom spearheaded
efforts to ensure greater diversity in the intelligence community.
I hasten to urge that the chairman of this committee, and the now
leader of the Democratic Caucus, the gentlewoman from California (Ms.
Pelosi), and certainly the gentlewoman from California (Ms. Harman),
the gentlewoman from California (Ms. Eshoo), the gentleman from Texas
(Mr. Reyes), and the gentleman from Georgia (Mr. Bishop), who served on
the committee previously, have all been vigorous in their assertions
that the intelligence community must do more in the area of diversity.
So I will be introducing an amendment that I believe will assist the
director in attaining the goals in this critical area.
I do urge my colleagues to support this rule and the bill; and before
reserving the balance of my time, I take a point of personal privilege
to thank the fine staff of the majority and the minority for the rather
extraordinary work that it takes in putting this measure together, and
the many measures that come across their desks on a given day,
including putting up with some of us as Members and our requests. I
urge my colleagues to support the rule.
Mr. Speaker, I reserve the balance of my time.
Mr. GOSS. Mr. Speaker, I yield myself such time as I may consume, and
I wish to thank the gentleman for his kind remarks. I also associate
myself with his remarks about Lou Stokes and Julian Dixon, as well as
the efforts of the gentlewoman from California (Ms. Pelosi), when she
was ranking member in the committee, to deal with the diversity issue.
It is critically important. And as the gentleman from Florida knows, I
am prepared to accept his amendment at the appropriate time and pleased
to have his leadership.
I would also point out that I believe the gentleman from Texas (Mr.
Reyes) has shown another element that has improved our bill that we
approved and were able to bring to the floor in our mark. So that is an
area that has received attention because it needed attention, and I am
entirely satisfied that we are taking good steps.
I would also point out for other Members that we had a number of
amendments requested. I do not think any were particularly
controversial as to the bill itself. We have this year, because we are
dealing with standing up the Department of Homeland Security, some
questions about where we plug in the intelligence piece from our
foreign
[[Page H5868]]
intelligence community, which is a very big piece, into the homeland
security apparatus. The gentlewoman from California (Ms. Harman) has
been a leader on that and done excellent work and is working with the
gentleman from California (Mr. Cox) and the gentleman from Texas (Mr.
Turner), the chairman and ranking member of the Select Committee on
Homeland Security.
We also, obviously, are working closely in some other areas that are
a little new for us with the gentleman from Ohio (Mr. Oxley), the
chairman of the Committee on Commerce, because of some questions about
how we deal with some of the Treasury aspects, and, additionally, how
we deal with some of the judicial aspects as we respond to the
challenge in this country of preventive enforcement for people who
would take advantage of our hospitality here and do mischief. And
regrettably, we do get the reports regularly that there are still some
of those folks in our midst. So we are going to be working in that
area.
Not all of that is going to come to a final conclusion today. We are
going to go from here, from our authorization bill, to a conference
process. I expect there will be progress made in some of these areas
where there is some apparent overlap between now and conference time,
and certainly everybody is going to be assured that this committee is
interested only in the portfolio of intelligence. That is what we do,
the Foreign Intelligence Program. The other committees of standing that
have jurisdictional areas that are associated we will work with closely
and on a friendly and nonterritorial basis. I wish to assure them all
of that.
We had, I understand, some amendments that came in late and we had
one amendment that was not germane; but otherwise, I understand that
the Committee on Rules made six amendments in order. Five were
Democratic amendments, one was a Republican amendment; and I believe
that the Committee on Rules responded very fairly. I see no reason to
oppose this rule and every reason to support it.
Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 3 minutes to the
distinguished gentlewoman from California (Ms. Harman), the ranking
member of the Permanent Select Committee on Intelligence.
Ms. HARMAN. Mr. Speaker, I thank the gentleman for yielding me this
time, and I would state that I do not intend to use all the time. I
will spend the first part of the debate on H.R. 2417 sharing my views
about our bill and several other issues of enormous interest to the
public.
Mr. Speaker, I rise in support of this rule and of the underlying
bill, H.R. 2417. It is interesting and wonderful that both managers of
this rule also ably serve on the Permanent Select Committee on
Intelligence. The gentleman from Florida (Mr. Goss) is our bipartisan
and collaborative chairman, and the gentleman from Florida (Mr.
Hastings) is a senior member on the Democratic side. Both have
contributed enormously to this rule and, obviously, enormously to the
product we will soon debate.
{time} 1615
Under this rule, as has been explained, amendments will be considered
under the 5-minute rule and thus debate on all amendments that were
filed with the Rules Committee, germane and did not require waivers
will be in order. I am certain we will have a spirited debate on
several of those amendments, and I think that is exactly what we should
be doing in the people's House. In that vein, I will conclude, and I
look forward to a spirited debate in a few minutes.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 2\1/2\ minutes to the
gentlewoman from Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, I, too, wish to comment and
respond that all of us know that individuals who accept the
responsibility of the Permanent Select Committee on Intelligence go to
it with nothing but good intentions and a desire to provide the
greatest service to this Nation, so I appreciate very much the
leadership of the gentleman from Florida (Mr. Goss) and our ranking
member, the gentlewoman from California (Ms. Harman). They have been
unique in the shadow of the controversy of the Iraqi war to have come
together on the question of weapons of mass destruction. I look forward
to their work. They have come to this floor to indicate the opportunity
for Members to review thousands of documents.
Mr. Speaker, I will continue to pursue my position, and that is that
there should be an independent commission designed to investigate the
issues dealing with the weapons of mass destruction. But in light of
their bipartisan effort, I wrote an amendment that indicated subsequent
to the completion of their work, 6 months subsequent to that, that we
would have the opportunity to design a commission that would then be
able to address the questions again, and that is an independent
commission separate and apart from this body and as well, of course,
the executive and legislative bodies.
I believe the intent was respectful of the Permanent Select Committee
on Intelligence. I am disappointed that the amendment was not allowed
to be admitted on the basis of waiving the points of order, but I will
continue to insist that this is the appropriate process to proceed
under.
It is not a question of whether or not we find weapons of mass
destruction or not. It is not a question of whether we are in a battle
over the truth. All we need is the truth, the finding of weapons of
mass destruction or not. Many made the decision to vote for the war
because we were told that we were about to be under imminent attack. I
think the American people are owed the ultimate determination how that
decision was made.
My other amendment had to do with providing local law enforcement
assess to intelligence as needed and to get security clearances faster
than they have been able to do so in the past. I hope we will be able
to work together to ensure that happens so all of us who have local
officials who need the information to perform their duties
appropriately can assess this important intelligence to serve our
communities. I look forward to this bill moving through the House, and
working on these important issues.
Mr. Speaker, I rise in opposition to the Rule governing floor debate
on H.R. 2417, the Intelligence Authorization Act for Fiscal Year 2004.
I oppose this modified open Rule because it fails to make in order
several amendments that improve this legislation and benefit the
public.
I proposed two amendments to H.R. 2417 that were not made in order.
The first amendment called for the establishment of a "National
Commission on Weapons of Mass Destruction in Iraq." This Commission
was to be responsible for reviewing and assessing the administration's
knowledge of the status of and threats posed by Iraq's weapons of mass
destruction program before America went to war. The need for and the
benefits of this Commission are obvious. The administration declared
war, without a declaration of war by the Congress, based upon the claim
that Saddam Hussein possessed weapons of mass destruction and that the
United States was in immediate danger of being attacked by the Iraqi
regime. Over the several weeks of Operation Iraqi Freedom, dozens of
American and British soldiers lost their lives and many more suffered
grave injuries. I had the honor of personally meeting many of our
valiant, injured troops on visits to Bethesda Medical Facility and
Walter Reed Army Hospital. Their courage and sacrifice was
overwhelming.
For many Americans, myself included, questions remain whether the
deaths and injuries suffered by young Americans in Operation Iraqi
Freedom were justified. To date, we have discovered no evidence of
weapons of mass destruction in Iraq. Many Americans are left wondering
if the justifications for waging war proffered by the administration
were legitimate. That is why I proposed an amendment to H.R. 2417
calling for the establishment of a National Commission on Weapons of
Mass Destruction in Iraq. We must study the intelligence available to
the administration when war with Iraq was commenced. Was Saddam Hussein
producing weapons of mass destruction? Was the Iraqi regime capable of
producing weapons of mass destruction? Did the Iraqi regime conceal
their weapons of mass destruction after Operation Iraqi Freedom began?
These questions, and many more, need answers. The Commission
established under my amendment would have provided those answers.
I support the amendment offered by my colleague from California, the
Honorable Barbara Lee. Her amendment calls for a General
[[Page H5869]]
Accounting Office report on the degree to which U.S. intelligence
services shared information about weapons of mass destruction sites
with the United Nations inspections teams searching for those weapons
in Iraq. Ms. Lee's timely and important Amendment will provide many of
the answers the American public seeks.
I also proposed an amendment to H.R. 2417 to expand the security
clearance for law enforcement agents, specified by State executives, so
that classified and vital information related to homeland security can
be shared. This amendment was also not made in order, but is vital to
preparing or local communities to wage the war on terrorism. Protecting
our homeland will be conducted by local law enforcement agencies and
small communities across the country. It is vital for valuable, often
classified information related to homeland security to be accessible to
local law enforcement agents. My amendment would have expanded the
security clearance for designated State and local officials and given
them the ability to receive vital information.
Mr. Speaker, I reiterate my opposition to this Rule. The Rule is too
narrowly drafted and fails to make in order several valuable amendments
offered by myself and my colleagues. I urge my colleagues to join me in
opposing the narrowly-tailored Rule and in support of the amendment to
H.R. 2417 offered by my colleague Ms. Barbara Lee.
Mr. HASTINGS of Florida. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I just wish to respond to my colleague by inviting the
gentlewoman from Texas (Ms. Jackson-Lee) to come upstairs, as all
Members are permitted, and see the material being worked on by the
Permanent Select Committee on Intelligence and to read the mission of
the committee in that regard. I think all Members would find that
substantial work is being done, and I believe all Members of this body
would be very proud of the efforts put forward by Permanent Select
Committee on Intelligence in investigating the continuing concern that
all of us in this body have, and I dare say the members of the
Permanent Select Committee on Intelligence are probably more directly
concerned in light of the fact that we are there on a day-to-day basis.
Mr. Speaker, I yield 3 minutes to the gentlewoman from California
(Mrs. Tauscher).
Mrs. TAUSCHER. Mr. Speaker, I rise to oppose the rule for the
Intelligence Authorization Act for fiscal year 2004. I commend the
gentleman from Florida (Mr. Goss) and the ranking member, the
gentlewoman from California (Ms. Harman), who are doing valuable work
by looking into the intelligence surrounding Operation Iraqi Freedom.
By necessity and design, their work is classified. I feel strongly
that their work must continue, but that this issue is beyond the scope
of a single committee and is of such importance to our democracy that
responsible public hearings by a select committee of users of
intelligence are necessary. Members of relevant committees such as the
Committee on Armed Services and the Committee on International
Relations, who use intelligence to make policy decisions every day,
provide valuable perspective that should be part of a broader review.
As a member of the Committee on Armed Services, I am a user of
intelligence, and the information I receive shapes the decisions I make
for many men and women in uniform every day. Members of Congress and
military planners need to have confidence that intelligence is
objective and provides a sound basis for policy decisions.
No decision is more grave than sending American fighting men and
women into harm's way. We have a duty to be certain that public policy
that we base these decisions on is credible and real. With American and
British soldiers continuing to be killed at an alarming rate in Iraq,
we have to be sure that our intelligence is providing a realistic view
of the threats they have.
Having open hearings by a select committee of policymakers who are
customers of intelligence would not only allow Congress to reclaim its
vital oversight role, but help convince the American people that their
elected officials and President have the right tools to make the right
decisions to protect them.
Mr. Speaker, this is not about the purview of the Permanent Select
Committee on Intelligence. I deeply respect the work that the Permanent
Select Committee on Intelligence does, but with all due respect, as a
customer of that intelligence, the classified work that the committee
does needs to remain classified, but after that work is declassified
and moves to the National Security Agency, to the Pentagon, to the
military planners, to the differing alphabet soups of agencies, who
then take that classified work and begin to shape public policy with
it, once that work becomes declassified and is starting to be moved
into the public policy realm, I and others in relevant committees, like
the Committee on Armed Services and the Committee on International
Relations, need to understand what exactly is being done to that
intelligence to either promote it or shape it to perhaps fit a
preconceived decision by people in the administration or in other parts
of the policy-making chain.
I want to know if the intelligence work that is being done so ably by
our intelligence people and the analysis done by them has been shaped
in any way that would change my mind when I make these decisions. That
is why I think we need a select committee. I urge my colleagues to vote
no on the rule, but I support the work of the Permanent Select
Committee on Intelligence.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Harman), the ranking member.
Ms. HARMAN. Mr. Speaker, I would just point out to the gentlewoman
from California (Mrs. Tauscher) that our committee is one of the users
of intelligence. We are part of this community that uses intelligence
information; and so it seems to me her point is right, and we are,
therefore, the right committee to be assessing these questions and
issues..
Second, we have already agreed on a bipartisan basis to hold public
hearings as appropriate, and the subject and timing of our first
hearing is under active discussion right now. I am hopeful it will be
held in July. I certainly agree that the public needs to know about
some of these questions. We will discuss them in more detail in a
moment. I do commend her for raising this issue. We are trying to
address it responsibly in the Permanent Select Committee on
Intelligence. If we should fail, then it would be timely to set up a
different committee, or a commission, or use another mechanism.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 2 minutes to the
gentlewoman from Colorado (Ms. DeGette).
Ms. DeGETTE. Mr. Speaker, we are in a very curious position in
Congress today. We standing here debating a critical bill to provide
funding for our intelligence services while we ask whether those
intelligence services might have suffered a massive failure in
assessing Iraq's weapons of mass destruction program.
I use the word "might" very deliberately because we do not know
whether there was an intelligence failure. That is why we need an
investigation, and I commend my colleague from California for pushing
for an investigation within the committee because not only the public
deserves to know, but we deserve to know equally.
I am puzzled by many of my colleagues' lack of curiosity on this
issue. The question of where Iraq's biological, chemical and nuclear
weapons now may be is critical to the security of our Nation, and yet
more than 90 days after the fall of Saddam Hussein, we have still not
located one chemical weapon, biological weapon, or even their
precursors production facilities or delivery systems.
We went to war because of the imminent threat those weapons posed. We
need to find those weapons if they are there; and if they are not
there, we need to ask the question what caused this massive
intelligence failure that was presented to Congress as an imminent
threat to our national security? Our soldiers in Iraq are still engaged
in combat operations. Saddam Hussein may still be out there, Osama bin
Laden and al Qaeda are still on the loose, and we need to ensure
through our Permanent Select Committee on Intelligence that we have
solid information as we move forward.
Congress has to exercise its powers of oversight openly and honestly
and look into these in a thorough way. That is what our constituents
deserve. That is what the American people deserve. I
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look forward to working with the committee to make sure this happens in
a timely fashion.
Mr. HASTINGS of Florida. Mr. Speaker, I yield 3 minutes to the
gentleman from New Jersey (Mr. Holt), a distinguished member of the
Permanent Select Committee on Intelligence.
Mr. HOLT. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, although I think this should be a totally open rule, as
has been the tradition for dealing with this bill each year, I do think
that the House should understand that the bill that is being brought to
the House today is not controversial in the sense that it was agreed to
unanimously within the committee. I would add to the remarks of my
friend from Florida that this is, once again, a truly nonpartisan and
bipartisan effort. It is appropriate that the Permanent Select
Committee on Intelligence should operate that way, both as the
committee that provides oversight for intelligence activities and a
committee that is, as the gentlewoman from California (Ms. Harman)
points out, a consumer of intelligence product.
No doubt there will be a great deal of controversy to follow, a great
deal of political discussion to follow in coming weeks and months about
the intelligence that led up to the fighting and into the fighting in
Iraq. In fact, I think this will be very good for the committee because
it is an excellent case study of what intelligence should be, what
intelligence should not be, how it can be used, and how it can be
misused. I applaud the decision of the chairman and the ranking member
to investigate the disturbing matter thoroughly, and I have no doubt
that we will be able to investigate it thoroughly.
{time} 1630
I applaud their decision to allow Members of the House to read the
large volume of material that the Director of Central Intelligence has
provided to the Congress. And our committee intends to issue a written
report on its findings as promptly as possible.
We have only begun to examine in detail the testimony, the
statements, the published intelligence relating to Iraq's weapons
programs and terrorist associations. It is early in our investigation,
too early in the military's search within Iraq itself to come to any
definitive conclusions or explanations of our failure so far to
substantiate the prewar claims and expectations of what we would find
there. But I have no doubt that the House will be satisfied with the
thorough and critical look that the committee will take in this issue.
There is no question that there is a lot of ambiguous information to
search through. There is no doubt that there have been some exaggerated
claims at least, and lives and deaths have hung on these things. We
must take a thorough look at it. We will and I think the Members of the
House will be satisfied with that look.
Mr. HASTINGS of Florida. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
Mr. GOSS. Mr. Speaker, I yield myself such time as I may consume.
I just wanted to add one bit of remark with regard to some of the
comment we have just heard which I thought was very helpful. We
understand very clearly and the Intelligence Community understands very
clearly that finding the weapons of mass destruction or what happened
to them or whether there was faulty intelligence is a critical issue
and that is indeed ongoing. As the gentleman from New Jersey just said,
we are early in the game and we have literally thousands of pages for
our staff and Members to work through.
There is one thing that has not been said very clearly yet that does
need to be said. I think we all share the desire to make as much of
this known as possible to the public. We want the public to understand
how good intelligence is and how good it is not. Frankly, I want to do
everything I can to make the American people aware as well as people
overseas who might be watching what we have to say here, whether they
are our friends or our enemies, that our intelligence is indeed
formidable and when in fact we find a place where there is a gap in it,
it will be repaired and fixed and that gap will no longer be there. I
think that will be a comfort to everybody. That process is partially
what this bill is about. But we are doing this as regard to the debate
with the weapons of mass destruction in Iraq at a time when we desire
transparency but we understand that transparency might include some
people who are our enemies in the Iraq area where there is still a very
dangerous and difficult operational climate as we are tragically
reminded every day.
I would ask that we understand that this is not just a question of
going back and reviewing material at our leisure trying to come to some
Solomon decision about whether it was good or bad or where we can fix
it. This is matching information that we had which was the best we had
at the time as far as we know with what we are beginning to find as we
are able to talk to people who are captured in Iraq and other areas who
are terrorists or are associated with them, document exploitation,
those types of things and match that up. This process is a process that
the committee has taken on. We are not just doing the prewar analysis.
We are doing the what is going on now and where is it going on a daily
basis.
I hope Members can be assured, we will be in a continuous position to
assess, both give a score card to the community and perhaps to come
back to our colleagues here and say there are some other areas where we
need to invest in the Intelligence Community because a small investment
will yield a greater national security return before we are through.
That is an ongoing process and charge of this committee and one we take
seriously.
Mr. Speaker, I urge support of the rule.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
____________________
Congressional Record: June 25, 2003 (House)
Page H5870-H5881
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004
The SPEAKER pro tempore. Pursuant to House Resolution 295 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 2417.
The Chair designates the gentleman from Georgia (Mr. Isakson) as
Chairman of the Committee of the Whole, and requests the gentleman from
California (Mr. Ose) to assume the chair temporarily.
{time} 1635
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 2417) to authorize appropriations for fiscal year 2004 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes, with Mr. Ose (Chairman pro tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. Pursuant to the rule, the bill is
considered as having been read the first time.
Under the rule, the gentleman from Florida (Mr. Goss) and the
gentlewoman from California (Ms. Harman) each will control 30 minutes.
The Chair recognizes the gentleman from Florida (Mr. Goss).
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
I am very pleased to bring the Intelligence Authorization Act for
Fiscal Year 2004 to the floor today. As always, this authorization is
the culmination of both an intensive review of the intelligence budget
request and the rigorous oversight of the Intelligence Community that
the committee conducts on
[[Page H5871]]
an ongoing basis. And I mean ongoing basis. That involves Members and
staff here in Washington and elsewhere around the globe.
In putting together this legislation and schedule of authorizations,
the committee must first answer the question, what is the state of
America's Intelligence Community? Overall there have been some
significant improvements since the low point we hit in the last decade,
and I am pleased about that. I applaud the President for making needed
investments in intelligence capabilities and his appreciation for
intelligence as a vital element of the national security of our Nation.
I am pleased to say that our intelligence authorization comes very
close to the number that the President has asked for. In dollar terms,
we have basically come in at exactly the level of the President's
request. Within that framework and building on the progress made to
date, the committee has been able to accomplish quite a bit. Among
other things, the bill before us provides full support for the
Intelligence Community's efforts in the war on terrorism, job one. It
postures the United States for the future with a unified overhead
imagery intelligence architecture.
I just can put it this way. We have been well served by technology
for a number of years. Technology gets old, just like the rest of us,
and gets fragile. We need to be in a position to keep a robust
architecture of the best technology available and this bill goes a long
way to doing that.
This bill also makes needed investments in analysis and analytic
tools. Anybody who has followed the progress of the 9/11 joint review
done with our colleagues in the Senate and our committees have come to
the conclusion that a big part of the problem lies in the coordination
and making the whole analytical piece work better. We have focused
rather extensively on that this year. It is not a new subject for us.
We also address counterintelligence concerns stemming from such
celebrated cases tragically as the Hanssen case and the Montes
espionage cases. These cases did do us damage and there are others that
can as well. Counterintelligence becomes even more important because we
understand counterintelligence may stop people from doing damaging
things to Americans here at home.
In addition, the bill continues the committee's push for improved and
aggressive human intelligence tools and capabilities. Human
intelligence, spying, espionage, getting enemies' plans and intentions
is the core business of intelligence.
On the homeland front, homeland security is very much part of our
mission in the sense that we must authorize the establishment of some
connection between our foreign intelligence and our domestic
authorities who are dealing with the problems on the homeland. So we
authorize the establishment of a pilot program to enable State and
local authorities to gather terrorist threat related information and
push it upward to the Federal level.
The Intelligence Community must be forward leaning on this. As we
have discovered consistently through our oversight and through the
joint inquiry into the events of September 11, the United States does
not have the luxury to be complacent about its national security
requirements. Risk aversion, inattention to detail, lack of investment
in capabilities, these are not options that the American people are
willing to accept and certainly the committee is not willing to accept.
Mr. Chairman, I am also pleased that H.R. 2417 continues the
nonpartisan tradition of the House Permanent Select Committee on
Intelligence of reaching consensus. This is entirely appropriate
because partisanship has no place in a debate over America's security.
None at all. This measure was reported out of the committee by a
unanimous vote of 16-0. And I daresay, we did not start with a piece of
paper that we all agreed on. We got to 16-0 by dealing with some things
that we did not necessarily all agree on but we did it in a responsible
and, I would say, adult way, understanding that the flag we work for is
the flag of this country, not the flag for any other agenda.
I urge the House to support H.R. 2417. I will look forward to making
comments on individual amendments as they come along.
Mr. Chairman, I reserve the balance of my time.
Ms. HARMAN. Mr. Chairman, I yield myself such time as I may consume
and rise in support of H.R. 2417.
First, I want to thank the chairman of our committee for the way he
runs the committee. His approach is constructive, collaborative and
cooperative and shows a real willingness to work with every member of
the committee. I have had the privilege of serving on the Permanent
Select Committee on Intelligence for 6 years. Chairman Goss has
gracefully and competently chaired the committee since 1997 and my
predecessors as ranking member during my service include the late and
great Julian Dixon and our able leader the gentlewoman from California
(Ms. Pelosi). The membership of our committee is truly talented,
diverse and hardworking, and deeply committed to fulfilling its
oversight duties and responsibilities to the House. By the way, Mr.
Chairman, so is our staff. Committee members and staff worked closely
together to craft a bill that provides new and better capabilities to
fight the war on terrorism as well as address a range of global
challenges. As we have just heard from our chairman, it is a good bill
and it received the unanimous vote of our committee.
An excellent summary of the public portions of our bill has been
presented by the chairman, so I will not repeat it. The committee made
thorough but sensible decisions to focus resources on the highest
priority intelligence collections programs and placed limitations on
certain new programs until they are defined in more detail. The bill
also supports the strategic vision of the committee for strengthening
the Intelligence Community. It provides additional support for all-
source analysis and encourages virtual reorganization for better
information sharing and collaboration across the agencies.
Mr. Chairman, whatever the details of this intelligence authorization
bill, we all know that it was developed at a time of heightened concern
about the nature and quality of the intelligence that led to the
decision to go to war in Iraq. I know that there are questions on both
sides of the aisle about this intelligence, questions which our
committee is already asking. While an independent commission or other
mechanism might be needed at some later date, the members of our
committee have now initiated an investigation and I would like to spend
a few minutes discussing our effort.
As our colleagues know, I voted to authorize the use of military
force against Iraq because I believed the intelligence case was
compelling. The Intelligence Community judged that Iraq possessed
weapons of mass destruction and the danger, in the President's words,
was grave and gathering. The aftermath of the war has revealed just how
brutal Saddam Hussein's regime was. The discovery of mass graves in
Iraq and the gut-wrenching grief of families victimized by the regime
speak for themselves.
To date, however, coalition forces have only uncovered two suspected
Iraqi mobile biological warfare agent production plants. Coalition
forces have yet to uncover chemical or biological weapons or further
evidence of Iraqi links to terrorism. Where are Iraq's chemical and
biological weapons? Why can't our forces find them? For our committee,
these questions have loomed over the preparation of this authorization
bill. It has been anything but business as usual.
On May 22, Chairman Goss and I sent a letter to the Director of
Central Intelligence, George Tenet, expressing the committee's interest
in learning in detail how the intelligence picture regarding Iraq's WMD
and ties to terrorism was developed. The chairman and I have also met
twice with the Director on this subject. In response to our request,
the Intelligence Community has provided 19 volumes of information on
Iraq's WMD programs and ties to terrorism. On June 12, the chairman and
I announced the bipartisan and unanimous commitment of our committee to
a serious, focused, comprehensive review of the quality and objectivity
of prewar intelligence. We announced that we would hold hearings,
closed and open--open means public--to question senior administration
and intelligence officials about the prewar intelligence on Iraq's WMD
and its links to terrorism.
[[Page H5872]]
{time} 1645
I think it is very important that the committee hold public hearings,
and I have the gentleman from Florida's (Chairman Goss) personal
commitment that we will. I hope our first hearing will occur in July.
Our committee also decided to produce a written, unclassified report as
promptly as possible, and in addition we agreed to give all House
Members access to the materials provided by the intelligence community
in response to the committee's request, under appropriate security
conditions and House rules.
Last week our committee held two hearings in connection with our
investigation, one examining the October, 2002, National Intelligence
Estimate on Iraq's weapons of mass destruction programs and the other
on the current search for Iraq's weapons. While we are still at an
early stage in this investigation, I want to comment on what we have
reviewed so far.
First, past possession of WMD. We know that Iraq had chemical and
biological weapons in the past. In the 1980s the Iraqi military used
chemical weapons against Iran and the Kurds. In the 1990s Iraq admitted
to U.N. weapons inspectors that it had produced over 8,400 liters of
anthrax and 3.9 tons of the chemical warfare agent VX. Drawing on both
direct and circumstantial evidence collected over many years, the
intelligence community also concluded that Iraq had people, planning
documents, and equipment to support WMD production.
Number two, hiding WMD. The agents that comprise weapons of mass
destruction are exceedingly easy to hide, a point neither the
administration nor the intelligence community made adequately clear
before the war in Iraq. Five hundred metric tons of bulk chemical
agents would fill a backyard swimming pool. Biological agents can be
hidden in small vials in private residences. But it is not so easy to
hide delivery vehicles like unmanned aerial drones, missiles, or
munitions. That none of these other harder-to-hide items has been found
is cause for real concern.
Number three, overstating the case. When discussing Iraq's WMD,
administration officials rarely included the caveats and qualifiers
attached to the intelligence community's judgments. Secretary of State
Powell, for example, told the U.N. Security Council that "we know that
Saddam Hussein is determined to keep his weapons of mass destruction .
. . " On the eve of war, President Bush said, "Intelligence gathered
by this and other governments leaves no doubt that the Iraq regime
continues to possess and conceal some of the most lethal weapons ever
devised." And on a March 30 Sunday news show, Defense Secretary
Rumsfeld said that he knew where the WMD were located. Bogus
information on Iraq's alleged nuclear connection to Niger was even
included in the President's State of the Union Address. For many
Americans, the administration's certainty gave the impression that
there was even stronger intelligence about Iraq's possession of and
intention to use WMD.
Number four, circumstantial evidence. The committee is now
investigating whether the intelligence case on Iraq's WMD was based on
circumstantial evidence rather than hard facts and whether the
intelligence community made clear to the policy-makers and Congress
that most of its analytic judgments were based on things like aerial
photographs and Iraqi defector interviews, not hard facts. This is an
issue that we have to explore.
And, finally, number five, weak ties to al Qaeda. Iraq did have ties
to terrorist groups, but the investigation suggests that the
intelligence linking al Qaeda to Iraq, a prominent theme in the
administration's statements prior to the war, contradictary contrary to
what was claimed by the administration. Much remains to be investigated
in this area.
Mr. Chairman, the highest priority of our committee, and I think of
our Nation, remains finding and dismantling Iraq's WMD. It is
counterintuitive to think that Iraq destroyed its weapons and did not
report this to the United Nations. It is conceivable that Saddam
destroyed them on the eve of or even after the start of the war once he
recognized the futility of using them and the political advantage of
keeping the United States from finding them; but the more likely
scenario is that he buried or dispersed his weapons of mass destruction
and that some may now be in the hands of terrorist groups outside of
Iraq or counterinsurgents in Iraq who continue to harm and kill U.S.
and British troops.
But even if Iraq's chemical and biological weapons are found
tomorrow, and I hope they are, these issues warrant scrutiny by the
Permanent Select Committee on Intelligence. It is already clear that
there were flaws in U.S. intelligence. Iraq's WMD was not located where
the intelligence community thought it might be. Chemical weapons were
not used in the war despite the intelligence community's judgment that
their use was likely. I urge this administration not to contemplate
military action, especially preemptive action, in Iran, North Korea or
Syria until these issues are cleared up. Certainly this Member would
not support such action until these matters are cleared up.
As the committee moves forward with its investigation, we need also
be mindful of the burden the intelligence agencies are carrying, not
only in Iraq but also in the war on terrorism in other areas of the
world. Our Nation is best served by an effective intelligence
community, not one hobbled by risk aversion and finger-pointing. The
committee's review must be based on facts, which I and others intend to
follow unflinchingly wherever they may lead.
Our Nation needs a robust intelligence budget, which this
authorization bill supports. At the same time, the committee's
immediate priority is to resolve the questions regarding Iraq's weapons
of mass destruction and ties to terrorist groups. If the answers
dictate changes in the future intelligence budgets or policy, I am
committed to bringing those recommendations forward. Meanwhile, this
authorization bill deserves our strong support.
Mr. Chairman, I reserve the balance of my time.
Mr. GOSS. Mr. Chairman, I am very pleased that we are going to have a
lot of Member participation in the general debate today.
Mr. Chairman, I yield 3 minutes to the gentleman from Nevada (Mr.
Gibbons), the chairman of the Human Intelligence, Analysis and
Counterintelligence Subcommittee.
(Mr. GIBBONS asked and was given permission to revise and extend his
remarks.)
Mr. GIBBONS. Mr. Chairman, I rise in support of the intelligence
authorization bill, and I thank the gentleman from Florida (Mr. Goss)
for yielding me this time.
This bill addresses vital intelligence needs, and may I say there is
no greater need nor more important need, in my view, than the need for
more and better human intelligence, also known as HUMINT. For America's
intelligence community, fighting terrorism, as the chairman has said,
is job one and rightly so. In order to learn the plans and intentions
of America's terrorist enemies, which we must do to defend against
another terrorist attack, we must improve the quality and quantity of
intelligence from human sources. Technology certainly can help, but it
has limited application. For instance, the overhead collection systems
of the Cold War era continue to be a wonderful resource. However, they
are not much good for tracking individual terrorists, and they
certainly cannot get inside the heads of those individuals who are
plotting to kill Americans. For that we must have HUMINT. HUMINT is the
force multiplier.
As good as the information is that the National Security Agency
collects, it is that much more powerful when HUMINT officers down on
the ground locate individuals who can tell them just what those
electronic signals mean while talking to them in their native language.
This authorization bill recognizes this fact, and I am very proud of
the significant bipartisan support given to our HUMINT capabilities by
the community.
As I have said previously, throughout much of the 1990s there was a
debate about whether America really needed to spend so much money on
defense; and as for intelligence, some people even said there was no
longer any need for the CIA. Mr. Chairman, that debate is long over.
The task before us now is to continue to provide the necessary
[[Page H5873]]
resources for HUMINT programs so that our policymakers can have a
better, more detailed understanding of what the intelligence analysis
means.
Unfortunately, the HUMINT programs of the CIA, America's premier
HUMINT agency, were nearly starved to death during the mid-1990s; and
with the help from the House Permanent Select Committee on
Intelligence, the Congress, and now a supportive administration, those
programs are being resuscitated and brought back to new life. But
despite this renewed commitment, the CIA still has to surge to cover
the world's hot spots. This needs to change, and this bill helps us get
there.
The men and women of the CIA wherever they are found are doing a
wonderful job; but they need encouragement, they need support from
Congress, and they need the support of the American people. Our
committee has again this year, under the leadership of the chairman and
with the support of the ranking member, made the commitment to provide
the resources to properly support these fine people to add to their
numbers, to improve their foreign language skills, and to get them
overseas where they are needed and needed badly. The support for the
effort of these people must be sustained and a vote on H.R. 2417 is a
perfect expression of that support. I urge my colleagues to support
this bill.
Ms. HARMAN. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Reyes), a very valuable member of our committee.
Mr. REYES. Mr. Chairman, I thank the gentlewoman, ranking member, for
yielding me this time.
I want to thank the chairman for his leadership, along with our
ranking member, in presenting a bill that I think addresses many of the
concerns that many Members of Congress have expressed to a number of us
on the committee.
H.R. 2417 expresses, among other things, the committee's deep and
longstanding concern about the lack of progress made by the
intelligence community in diversifying its workforce, especially in the
senior ranks and the core mission areas. In fiscal year 2002, the
intelligence community had a smaller proportion of women and minorities
than the Federal Government workforce and the civilian workforce at
large. Women and minorities continue to be especially underrepresented
in senior grades GS-13 through 15 and in Senior Intelligence and
Executive Services positions.
This bill requires that the Director of Central Intelligence submit a
report outlining the current diversity action plan including short- and
long-term goals. This report should also include the DCI's plan for
implementing diversity initiatives across the intelligence community
and plans for measuring the progress made by the individual agencies in
the intelligence community. The bill limits the use of a portion of the
money authorized to be appropriated to the Community Management Account
until such time as the Director of Central Intelligence reports to this
committee on his plan for implementing an effective and a meaningful
diversity plan.
Diversity in the workforce is a corporate imperative. It is critical
to defeating global threats and simply makes good business sense.
Therefore, the committee will look to the Director of Central
Intelligence and each intelligence community agency director to ensure
that more is done to diversify the intelligence workforce. The DCI and
agency heads are also urged to take diversity into account when
selecting officers to fill the many senior management vacancies in the
agencies across the intelligence community. It makes good business
sense. Therefore, I strongly urge my colleagues to support H.R. 2417.
Mr. GOSS. Mr. Chairman, I yield 4\1/2\ minutes to the distinguished
gentleman from Illinois (Mr. LaHood), who is the chairman of the
Terrorism and Homeland Security Subcommittee who has done an
extraordinary job on a very difficult subject.
Mr. LaHOOD. Mr. Chairman, I rise in support of H.R. 2417, the
Intelligence Authorization Act for Fiscal Year 2004.
{time} 1700
I want to pay my respects and admiration to both the chairman and the
ranking member who I think are extraordinary public servants and do a
great job for our committee.
As chair of the HPSCI's Subcommittee on Terrorism and Homeland
Security, I am continuously impressed by the men and women of the
Intelligence Community. Over the past year, we have witnessed
significant success in the war on terrorism, to include the capture of
a number of significant terrorist operatives around the world. The men
and women of the Intelligence Community have worked tirelessly to
deter, disrupt, and destroy terrorist capabilities wherever they
threaten our interests, and they have performed remarkably in support
of our successful military action in Iraq. Their ability to carry out
their mission is due, at least in part, to the support provided by the
Select Committee on Intelligence.
Under the leadership of the gentleman from Florida (Chairman Goss)
and the gentlewoman from California (Ms. Harman), this House has
consistently supported providing more resources and better tools to the
Intelligence Community. This support has only now begun to reverse the
underinvestment suffered by the Intelligence Community in the last
decade.
As we continue to face threats to U.S. interests at home and abroad,
we must remain vigilant. We must ensure that the Intelligence Community
has the personnel, the skill, the languages, and the resources
necessary to work against such threats. The Intelligence Community must
be prepared to confront the asymmetrical threat to the future.
Mr. Chairman, to this end, H.R. 2417 provides authorization funding
for the counterterrorism activities of the Intelligence Community. It
provides money and other resources to deepen all-source analytical
capabilities. This is most important when confronting the terrorist
target. It is through our analytical efforts that all the dots that get
collected ultimately get connected.
This bill also provides funding for the Terrorist Threat Integration
Center proposed by the President of the United States in his State of
the Union address. The TTIC is a primary example of how well the
Intelligence Community is marshalling its resources, encouraging
efficiencies, and disseminating timely intelligence across government
in defense of the American homeland.
The President deserves a great deal of credit for his vision. The
Intelligence Community deserves credit for putting that vision into
action.
H.R. 2417 also authorizes additional funding to specifically improve
the sharing of terrorist threat-related information across all levels
of government, Federal, State and local, and it is through the
aggressive collection, analysis, and dissemination of threat
information that the agencies and organizations of the Federal, State,
and local governments, as well as the private sector, can best protect
the homeland, prosecute the war on terrorism, and work together to keep
America safe.
The counterterrorism elements of the Intelligence Community are at
the forefront of this effort, and this bill is an investment in that
effort, and I urge support of H.R. 2417.
I want to say a word about two other issues. Some of us have been
briefed on the House floor by Secretary Rumsfeld. He stood in the well
of this House and briefed many Members. On one occasion, when asked the
question, how do we know when we have won the war, he said three
things: regime change, which we have accomplished; a new regime, which
is now being put in place; and finding the weapons of mass destruction.
I have great faith that with two of those goals accomplished, the third
goal will be accomplished. I have great faith, after a number of
briefings from folks in the Intelligence Community, that the weapons of
mass destruction will be found. And I think all Members should have
that kind of reassurance from the Select Committee on Intelligence,
based on reports that we have received, based on information we have
been given by the Secretary of Defense that that will take place.
If I could say one other thing. I want to say this, Mr. Chairman: I
think our committee probably has stepped over the bounds a little bit
by saying to every Member of the House they can have all of this
information. I think sharing this information is going to
[[Page H5874]]
turn out to be a mistake. This is the greatest talking body in the
whole world. People love to talk. Very few listen. And I am afraid that
when 435 Members have access to the information we do, a select
committee, an important committee, I am afraid of what is going to
happen, particularly after what the New York Times had to say about a
very important meeting that we had in the Select Committee on
Intelligence, which is now out in the public. Nobody knows how it got
out there, but I guarantee my colleagues, if we give 435 access, we got
big problems.
Ms. HARMAN. Mr. Chairman, I would say to the gentleman, I have great
faith that the WMD will be found too, and in the seriousness and
responsibleness of the Members of the House.
Mr. Chairman, it is my pleasure to yield 2 minutes to the gentleman
from Iowa (Mr. Boswell), who is ranking member of the Subcommittee on
Human Intelligence, Analysis and Counterintelligence.
(Mr. BOSWELL asked and was given permission to revise and extend his
remarks.)
Mr. BOSWELL. Mr. Chairman, I thank the gentlewoman for yielding me
this time, and I thank the gentleman from Florida (Mr. Goss) for his
hard work. He is truly a leader, and he treats us with fairness, and he
has the best interests of our Nation in his heart, as well as the
gentlewoman from California (Ms. Harman). I appreciate that very much.
I would associate myself with some of the remarks that the previous
speaker just made concerning having some faith. We are two-thirds of
the way there, and I think we have reason to believe we will get there.
Mr. Chairman, I rise in support of H.R. 2417. As the ranking member
of the Subcommittee on Human Intelligence, Analysis and
Counterintelligence, working with the gentleman from Nevada (Mr.
Gibbons), who I appreciate very much his hard work and efforts, we have
observed firsthand the dedication and the professionalism of the men
and women on the frontline collecting intelligence around the globe.
Through their sacrifices and their heroic efforts, they have helped
make our Nation more secure and have contributed greatly to our
military success in Iraq and Afghanistan. I am pleased that this bill
provides the tools essential to intelligence collectors to meet
operational goals; in particular, those related to military operations,
combating terrorism, and countering the proliferation of weapons of
mass destruction.
My colleagues will also appreciate that in H.R. 2417, it also
requires the Director of Central Intelligence to report back to the
committee on lessons learned from the war in Iraq. Careful analysis of
the strengths and weaknesses of our technical systems and processes
will allow both the executive branch and Congress to make better
resource allocation decisions in the future.
H.R. 2417 also stresses the need for improved strategic and all-
source intelligence analysis, both key to U.S. policymaker
understanding of the capabilities and the intentions of rogue nations
and individuals posing threats to U.S. interests. The bill further
authorizes additional billets for analysts, as we all know we have to
have people to do jobs, and additional funds for information technology
upgrades to help analysts more efficiently do their job.
Mr. Chairman, this is a good bill. I trust my colleagues will support
it.
Mr. GOSS. Mr. Chairman, I am pleased to yield 2 minutes to the
distinguished gentleman from Georgia (Mr. Collins), who is a new and
valued member of our committee, and we welcome him.
Mr. COLLINS. Mr. Chairman, I too rise in strong support of H.R. 2417,
the Intelligence Authorization Act for Fiscal Year 2004. It is a good
bill with bipartisan support and, hopefully, it will be adopted, and I
feel sure it will.
Since the September 11, 2001 terrorist attacks on our Nation, the
Select Committee on Intelligence has noted the urgent need for better
information-sharing between and among our various Intelligence
Community's agencies, and Federal, State, and even local law
enforcement are enjoying better shared intelligence. Since joining the
committee earlier this year, I have observed the chairman, ranking
member, and committee members, how they have advocated the
implementation of new policies and technologies which are designed to
facilitate the timely sharing of important information among our
intelligence agencies and our local law enforcement.
Technical shortfalls in communications and collaboration systems,
however, have undermined efforts to fully share information across the
Intelligence Community. This bill makes an effort to correct those
issues. These technical limitations can be overcome with proper
management and capital investments. This bill provides significant
funding to assist the Intelligence Community's leadership in developing
and sharing useful information, management tools, capabilities, and
operating systems throughout the Intelligence Community.
As important as technological solutions to information-sharing are
the needs for updated policies to direct the flow of information. The
community's leadership has not been sufficiently clear about its
information-sharing policies with its various component agencies. As a
result, information becomes irrelevant due to outdated directives or
conflicting opinions about what information can or cannot be shared,
and with whom. One of the key lessons learned by the committee's 9/11
inquiry last year was that a failure to communicate sensitive data on
an urgent basis among intelligence law enforcement agencies can cost
our Nation dearly.
The committee has taken steps to improve this situation with this
important bill. It is a good piece of legislation, a strong piece of
legislation. I encourage its passage and support it fully.
Ms. HARMAN. Mr. Chairman, I yield 2 minutes to the gentleman from
Minnesota (Mr. Peterson), a valued member of our committee.
Mr. PETERSON of Minnesota. Mr. Chairman, I thank the gentlewoman for
yielding me this time.
Today I rise in support of H.R. 2417, the Intelligence Authorization
Bill for Fiscal Year 2004. I want to commend the gentleman from Florida
(Chairman Goss) and the gentlewoman from California (Ms. Harman), our
ranking member, for their leadership and the professional, bipartisan
manner in which they conduct the business of the Committee on
Intelligence.
H.R. 2417 includes authorizations for the CIA, as well as Foreign
Intelligence and Counterintelligence Programs within the Departments of
Defense, Justice, State, Treasury, Energy and the FBI. The bill
addresses critical threats to our national security, but it also calls
attention to particular areas of concern. Among those concerns is the
connection between drug trafficking and terrorist activities.
The committee is concerned about the level of personnel and funding
resources dedicated to combat transnational crimes such as drug
trafficking, arms smuggling, and money laundering. As seen in both
Colombia and Afghanistan, the activities of terrorist organizations are
closely linked to the drug trade. These illicit activities feed upon
and sustain each other. To defeat terrorist organizations, the
Intelligence Community must understand the transnational organized
crime that supports them. Therefore, the committee calls upon the
administration to reinvigorate the strategy in this area.
In addition, the bill extends the authority granted last year to
allow foreign intelligence funds dedicated for Colombia to be used in a
unified campaign against drug trafficking and activities by groups
designated as terrorist organizations.
Finally, the bill establishes an Assistant Secretary of Intelligence
and Enforcement within the Department of Treasury to enhance the
identification and targeting of illicit financial transactions. This
office will also seek to improve the coordination and dissemination of
intelligence products concerning drug trafficking, international crime,
and terrorist activities.
Mr. Chairman, I urge my colleagues to support this measure.
Mr. GOSS. Mr. Chairman, I am very happy to yield 3 minutes to the
gentleman from Nebraska (Mr. Bereuter), the distinguished vice chairman
of the committee.
(Mr. BEREUTER asked and was given permission to revise and extend his
remarks.)
Mr. BEREUTER. Mr. Chairman, I thank the chairman for yielding me
[[Page H5875]]
this time. I rise in strong support of the legislation.
This Member would like to commend the exemplary bipartisan efforts of
the chairman and the distinguished ranking member, the gentlewoman from
California (Ms. Harman). Often when people in Washington talk about the
need for bipartisanship, what they really mean is that the other side
should agree with them. In the case of the Committee on Intelligence,
however, there has been true bipartisanship and genuine cooperation
towards the goal of serving the Nation's interest. Although this
bipartisanship is a tradition on the Committee on Intelligence, it is
commendably reinforced by the leadership style and the efforts of the
gentleman from Florida (Chairman Goss) and the gentlewoman from
California (Ms. Harman).
Under the chairman's leadership, and in this bill, the legislative
branch will be moving rapidly to address a number of long-standing
concerns in our collection and analysis of intelligence. This Member
would mention just a few.
First, it should be recognized that in the aftermath of the terrorist
attack of September 11, President Bush declared war on terrorist
financing. There is, however, no single office in the Federal
government that is responsible for ensuring that all elements of law
enforcement and intelligence share terrorist information in a timely
fashion. As a result, our counterterrorist financing efforts to date
have not been as effective as they could be. The committee concluded
that the Department of the Treasury needs to be more effective in
implementing its counterterrorist financing mission from an
intelligence sharing perspective. By elevating the intelligence
function within the Treasury Department, this bill ensures that the
coordination and information sharing between the Treasury and the rest
of the Intelligence Community can be more effective.
This Member recognizes that the assistance and the cooperation of the
chairman of the Committee on Financial Services, the distinguished
gentleman from Ohio (Mr. Oxley), will be required to achieve this
important policy change. The Select Committee on Intelligence will
continue to work with him and his committee, on which this Member also
serves, to ensure that we get this correct.
Mr. Chairman, secondly, it should be noted that Americans have become
painfully aware of the threats to the homeland and the risk that
terrorist cells and their support networks may be operating in the
United States. Several suspected cells already have been cracked.
Indeed, an individual has just been convicted last week of conducting
surveillance operations for possible al Qaeda attacks. The presence of
this new and very real threat has compelled the FBI to transform the
way it conducts investigations.
{time} 1715
No longer does the FBI solely pursue investigations in order to build
criminal cases. Now they are also actively at work to disrupt and
destroy terrorist cells before they launch attacks. This is nothing
less than revolutionary in the way that the FBI does its business. It
is a very necessary transformation that the Permanent Select Committee
on Intelligence is following closely through careful oversight. We in
the legislative branch are attempting to ensure that the information
flow between the FBI and the intelligence community is done
effectively, but also within the confines of the law.
The committee intends to continue aggressive oversight. I want to
assure our colleagues of this evolving relationship between this
intelligence and law enforcement.
Third, and finally, this Member would remind his colleagues of the
enormity of the challenge now faced by the intelligence community. The
war on terrorism has required an unprecedented commitment requiring
timely, actionable intelligence on a truly global scale.
In addition, our intelligence services are devoting significant
resources to the effort to Iraq, not only to identify and to apprehend
the remaining elements of Saddam Hussein's regime but also to locate
Saddam's weapons of mass destruction. More on that subject later.
Mr. Chairman, I thank the chairman for yielding me time.
Ms. HARMAN. Mr. Chairman, I yield 2 minutes to the gentleman from
Alabama (Mr. Cramer), the distinguished ranking member of our
subcommittee on Technical and Tactical Intelligence, TNT, who became a
grandfather for the second time yesterday.
Mr. CRAMER. Mr. Chairman, on behalf of my new granddaughter, Patricia
Lanier, I would say it is my pleasure today to speak about a very
important piece of legislation that our colleagues in this House will
pass judgment on.
Mr. Chairman, I rise in support of H.R. 2417, the fiscal year 2004
intelligence authorization act. I am a fairly new member of this House
Permanent Select Committee on Intelligence. It is a unique opportunity
for Members of the House to serve on this select committee.
I came on to the committee at the time that the joint 9-11 hearings
were taking place. And as I look around the room today and I observe my
colleagues that participated in those joint sessions with the Senate, I
want my other colleagues that are not on this committee to know how
impressed I was with the leadership of this committee and our
participation with the Senate as well.
I also want to take this opportunity to thank the staff who have been
most kind and generous on both sides of the aisle to participate with
us as we have gone through these very tough issues.
This is a good bill. It is a complicated bill. It is hard for some
Members to understand. For example, traditionally, the executive
branch, the Congress, the industry, we focus on expanding the
capability of sensors. Sensors are used to take pictures, to intercept
communications or to measure some special signature whether they are
from satellites, whether they are from aircraft, or whether they are
from ships. But the government has underinvested in abilities to task
the collection systems properly and to exploit and disseminate the
collection data once received.
For a number of years this subcommittee that I am on on this
committee has worked to improve and rectify that imbalance. This year's
bill accomplishes that and expands the concept as well. In years past,
the committee has stressed the need for more investment and better
management at the National Imagery and Mapping Agency and the National
Security Agency to improve processing, exploitation and dissemination
capabilities for imagery and signals intelligence. The committee
sustained these initiatives in the current bill.
We also lay a foundation for applying information technology to solve
problems revealed by the congressional investigation into the September
11 tragedy as well.
This is an important bill. I urge its support. I also want to point
out that the missile in space intelligence command in my district is
adequately covered by funding under this important piece of
legislation.
Mr. GOSS. Mr. Chairman, I yield 5 minutes to the gentleman from New
York (Mr. Boehlert), the distinguished chairman of the House Committee
on Science.
(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Chairman, I rise in strong support of the
intelligence authorization bill, and I want to start by commending the
gentleman from Florida (Mr. Goss) and the ranking member, the
gentlewoman from California (Ms. Harman), for their leadership, their
bipartisanship and their commitment. We are all in this together. And
while I am at it, I want to compliment the most professional staff that
I have seen of any committees in the Congress in my years in this
institution.
As a member of the committee, I know well the threats facing our
country. They are many. They are varied and they are serious. The job
of intelligence is challenging and never ending. All of us, not just in
the Congress but across the country, have become painfully aware that
while many countries of the world are working with us to promote peace
and stability, there are those who are committed to undermining our
efforts. The Nation has been exposed to this ugly reality. The memory
of September 11 will forevermore be seared on our souls.
Our collective awareness has increased as has our understanding of
the
[[Page H5876]]
absolute need for a very capable intelligence community. This bill
accelerates investment in enhanced capabilities and people to move the
intelligence community from being postured from the threats of the past
to being positioned to address the increasingly asymmetric threats
facing us in the future.
It will not happen overnight, but the changes needed must and will
come about at a rapid pace. Rebuilding the infrastructure and retooling
for the future is under way even as we debate this issue. Every area of
intelligence operations needs support and attention. But I want to
focus on what I believe is the most critical need we face, and that is
in the area of human intelligence.
Mr. Chairman, the sad fact is that we, of necessity, need to reverse
course from the years of decline in investments in the people that make
up our cadre of human intelligence officials. This does not mean we
should not continue to invest in important technical systems, but we
must not become solely dependent on them. Satellites in the heavens and
all the sophisticated and complex technologies here on Earth must be
complemented by our eyes and ears around the globe. There must be a
proper balance between people and machines.
We are proud of our intelligence professionals because of the
outstanding work they perform day in and day out, so often putting
their lives at risk. What they do and how they do it is not easy. And
they have earned our gratitude for their dedication and
professionalism.
One of the basic tools that these professionals need in order to do
their job is the ability to speak foreign languages. Quite frankly, and
this is sad to say, this is a deficient area. I am not at all happy,
and I will confess it up front, about the response we have received
from the intelligence community leadership on this issue, despite our
continuing efforts to improve language skills. We set a clear priority
to ensure that we have people with native language capabilities
regardless of where we might find ourselves. Yet year after year we
have provided an increase in the amount of funds requested for language
training, and year after year something happens that is not our intent.
The response to our concerns has been unsatisfactory. Year after year
the intelligence community finds ways to avoid implementing these
initiatives which are essential to its success.
Mr. Chairman, this year we insist that the community leadership
resolve to fix the language inadequacy. No more finessing, no more
fudging. Just do it or else.
Our country's intelligence community is still recovering from years
of decline. There are fundamental shortcomings that must be addressed,
and we will fail in this challenge if we do not adequately restore the
resources to a sufficient level to get the job done.
While this budget represents a significant increase over the past
years, we support it with the full knowledge and understanding there is
a great deal more work to be done. Language being only one of the
issues, but this is an issue that we have to pay attention to. It does
not do us any good to have some sophisticated satellite costing a
jillion dollars up in the heavens taking pictures of Afghanistan, if in
the caves there are all these people bent on doing us harm and there is
nobody in there who can understand them, communicate with them, or
provide us with necessary intelligence. And that is what we intend to
correct, and I am proud to say the committee stands strong behind this
commitment and we will follow through on it.
Ms. HARMAN. Mr. Chairman, I yield myself 15 seconds. The 15 seconds
is to tell the prior speaker, our wonderful colleague, that I totally
agree with him. As the representative from the district in America that
probably makes most of our intelligence satellites and has fabulous
technology, that is great; but we need more investment in human
intelligence. And he is right.
Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman from
California (Ms. Eshoo), a classmate and good friend, one of the rookies
on our committee, but already the ranking member on the Subcommittee on
Intelligence, Policy, and National Security.
Ms. ESHOO. Mr. Chairman, I thank our distinguished ranking member,
the gentlewoman from California (Ms. Harman), and the chairman of our
committee for their joint leadership and the standards that they set
for us every day.
I respect and have high regard for the men and women of the
intelligence community, and I really consider it a high privilege to
have been appointed to serve on the Permanent Select Committee on
Intelligence in the House. As a new member, I have valued meeting and
learning from the many talented and patriotic individuals in our
intelligence community; and I believe it is important for the foreign
policy and the national security of the United States that our
intelligence community be given the tools and the support they need and
that their efforts be focused on important priorities. That is why we
are on the floor today in support of this authorization act for fiscal
year 2004.
I do have some concerns today that I would like to voice. I serve as
the ranking member of the Subcommittee of the Intelligence Policy and
National Security, as the ranking member just said. The role of the
subcommittee is to examine how intelligence supports national security
policy, ensuring that intelligence is focused on the right priorities
and is as reliable as it can be and that it is used appropriately by
senior policymakers in furthering U.S. foreign policy. Issues such as
potentially politicized intelligence, potential exaggeration of
intelligence and imprecise characterizations of intelligence are of
significant concern to me in my role on this committee. So I am very
concerned about the role intelligence played in the foreign policy
debates about going to war in Iraq.
The answers must await a thorough accounting, and we cannot
predetermine what those outcomes are. But I am concerned that the
administration and the American people and the Members of this House
relied too heavily on their interpretation of the threat facing this
country, a threat that was described as imminent, as grave and growing
without sufficient transparency into the intelligence picture
underpinning the argument for war.
I think we are learning that a foreign policy based on preemption
puts far too much pressure on the intelligence community to deliver
certainty when it simply cannot. So the intelligence community must be
given all that they need to protect our magnificent Nation.
Every administration deserves the best intelligence that they
possibly can get. But we must assure the credibility of this for the
American people and for the world community.
Mr. Chairman, I urge my colleagues to vote in favor of this
authorization act. It is important for our country and the protection
of our people.
Mr. GOSS. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Cunningham), the distinguished gentleman who is a very
valued member of our committees and has helped us on a number of
fronts.
Mr. CUNNINGHAM. Mr. Chairman, I would like to first thank not only
the chairman, the gentleman from Florida (Mr. Goss), but he ranking
member, the gentlewoman from California (Ms. Harman).
Our committee is a bipartisan committee. The defense committee that I
sit on is also, with the gentleman from Pennsylvania (Mr. Murtha) and
the gentleman from Washington (Mr. Dicks) and people like that; and it
is really a pleasure to work on.
{time} 1730
When there is a pressure put on the ranking member to force political
gain on weapons of mass destruction, it is a sign of true leadership
and bipartisanship to not do that and to work with the chairman to come
about and perform a bill like this, and we should all be proud of that,
the Members, and I want to personally thank the gentlewoman from
California.
The weapons of mass destruction, we cannot say too much about them,
but the chairman and the gentlewoman from California (Ms. Harman) also
made something in order that has not been done before, and that is for
every single Member to be able to look at the information. I am
convinced that if anyone on this floor looks at that information, they
only have one conclusion. There are weapons of mass destruction still
there. If we take a vial
[[Page H5877]]
this big, the size of an eye dropper and have two seeds in it and in 2
days a person can whip up a batch to kill every man, woman and child in
New York City and then try and find that with deceit, a system that was
designed to hide it on deceit or destroy it if people get close, and
the one thing I can say is we were told there would be absolutely no
way possible for Hans Blix and the U.N. to find such things, especially
with Saddam Hussein still there trying to hide it. So that was a bogus
issue.
I would also tell them that the committee does not just deal with
terrorism, the war on drugs, local crime and the one thing that I could
say before we ever did a pre-9/11 look was that we did not fund the
folks enough. We need to change some laws.
The Phoenix report, we knew there were terrorists in Arizona, but our
intelligence agencies were afraid to act because they would be sued
because it would be racial profiling, and these guys put out papers
supporting Osama bin Laden and al Qaeda, and we could not touch them
under the first amendment and that is wrong. There is the same type of
people there in Arizona today. One guy was so stupid he went to
navigator school. He failed that. Do my colleagues know what he is in
today? Airport security, and we cannot touch him.
So I think we need to go further and change some of our laws to
protect American citizens, and I know there is a fine line in
protecting rights and the other, but by golly, I know where I stand and
I know where the committee stands, and I am proud of them.
Ms. HARMAN. Mr. Chairman, I thank the gentleman for his comments. We
are all proud to serve on this committee. It is now my pleasure to
yield 3 minutes to the gentleman from Maryland (Mr. Ruppersberger), the
rookie on the committee and a rookie in Congress, but he is no rookie
to these issues.
Mr. RUPPERSBERGER. Mr. Chairman, I too want to acknowledge the
leadership of the gentleman from Florida (Mr. Goss), the chairman, and
the gentlewoman from California (Ms. Harman), the ranking member. I
have been in local politics for 18 years, and we have tremendous
leadership on this committee, and I think all members of this committee
put the Nation first.
I rise in support of H.R. 2417. The bill reflects the committee's
support for the Intelligence Community and the men and women who serve
in the intelligence agencies. Often unrecognized, these individuals
have made great sacrifices to secure our homeland and to support the
war in Iraq, the global war on terrorism and other important national
priorities. I am proud to represent many of the men and women who work
for the National Security Agency, NSA, in Fort Meade, Maryland, my
Second Congressional District.
This bill addresses concerns for the health and well-being of NSA
employees by providing additional funds to ensure a cleaner, healthier
and better maintained workforce. It provides tort liability protection
to NSA security officers so that they have legal protections similar to
those provided other law enforcement officers.
The bill gives NSA the authority to provide living quarters to the
bright and talented students participating in NASA's summer and
cooperative educational programs.
It also encourages NASA to continue its acquisition reform
initiatives and bring its processes in line with standard commercial
and government practices. It increases funds available for the
recapitalization and modernization of NASA's technical systems which
will allow the Nation's Signals Intelligence Systems to keep pace with
changing technology.
H.R. 2417 emphasizes the need for the Federal Government to improve
information sharing with State and local governments. As the Baltimore
County Executive, I was the county executive during 9/11, this is very
important, and where appropriate, private companies.
To make this possible, the bill allows the Director of Central
Intelligence to establish pilot projects to train State and local
officials to increase the flow of information between them and Federal
agencies. Advisory councils on privacy and civil liberties and State
and local issues will help ensure the protection of individual rights,
and the needs of State and local governments need to be properly
addressed.
I am also pleased that this bill provides additional funding to the
Armed Forces Medical Intelligence Center to enhance the analysis of
health risks to our deployed forces.
Together, the enhancements provided for in H.R. 2417 will contribute
to our Nation's efforts to prevent terrorism and to curb the
proliferation of weapons of mass destruction around the globe. I urge
my colleagues to support this bill.
Mr. GOSS. Mr. Chairman, I am pleased to yield 2 minutes to the
gentleman from North Carolina (Mr. Burr), also a valuable member of our
committee.
(Mr. BURR asked and was given permission to revise and extend his
remarks.)
Mr. BURR. Mr. Chairman, I rise in strong support of H.R. 2417.
After terrorists struck on September 11, 2001, our government has
been engaged in an aggressive prosecution of the global war on
terrorism, a war that will be fought for years to come, I fear. Our
efforts I have no doubt will be successful. To ensure success, however,
we must prepare for the long road ahead of us. That is exactly what
this bill does.
The men and women of Intelligence and Law Enforcement Communities
have been instrumental in the numerous successes thus far. I thank them
for their sacrifices, for their dedication. We are indebted to them for
their tireless service.
In my view, the key to success in this war on terrorism is
communication. We have to improve our communication across the Federal
Government. We must improve and make seamless the flow of information
within our Intelligence Community. It is essential to have good
communication with our liaison partners, and better communication
between Federal, State and local authorities and with the private
sector must be ensured.
Without doubt, intelligence and law enforcement officers are our
front line defenders in our daily battle against this evil. State and
local authorities also stand at the forefront of this war. Success in
safeguarding the homeland lies firmly in the ability to communicate
effectively and share sensitive, timely and actionable information
among Federal, State and local officials.
Mr. Chairman, H.R. 2417 is an important bill because it also
specifically authorizes greater training and support to local and State
authorities as it relates to preventing the possible use of weapons of
mass destruction in the United States.
Additionally, H.R. 2417 authorizes funding to ensure greater
participation of city, county and State law enforcement officials in
joint terrorism task forces that are spread across this country.
Mr. Chairman, only with better communication and sharing necessary,
relevant and actionable information with State and local authorities,
can we best wage the best effort on the war on terrorism in our
homeland.
I urge its passage.
Ms. HARMAN. Mr. Chairman, we have no further speakers except for me
and I have some brief closing remarks. So I would yield if there are
speakers over there and perhaps speak just before our chairman closes
this debate.
Mr. GOSS. Mr. Chairman, I am pleased to advise the Chair to advise
the gentlewoman that we have no further speakers except myself to make
a few household and closing remarks.
Ms. HARMAN. Mr. Chairman, I yield myself such time as I may consume.
This debate has been friendly, collaborative, supportive, not just of
each other but our staffs. It is clear that committee members are
putting the country first in our service on the committee. I believe
that our authorization bill is putting the country first in terms of
the priorities it chooses, and I believe further, Mr. Chairman, that
our investigation of the quality of intelligence supporting the war in
Iraq is also putting the country first.
Our investigation has a long way to go but it is serious,
collaborative, and bipartisan. We will do as much as possible in
public, and we will report to the public on our findings.
Should we hit the wall and fail in our endeavor, then it may be time
for a commission or an alternative committee or set of committees of
Congress to take over. But meanwhile, I
[[Page H5878]]
want to commend the Members of this committee who serve with great
distinction, and I urge the passage of this authorization bill, H.R.
2417.
Mr. Chairman, I yield back the balance of my time.
Mr. GOSS. Mr. Chairman, how much time do I have?
The CHAIRMAN. The gentleman from Florida has 2 minutes remaining.
Mr. GOSS. Mr. Chairman, I yield myself the remaining time.
I would like to also announce that the gentleman from Michigan (Mr.
Hoekstra), who is the chairman of our Subcommittee on Technical and
Tactical Intelligence, and the gentleman from Alabama (Mr. Everett) and
the gentleman from California (Mr. Gallegly) are other members of the
committee who will probably join us later on and we are equally proud
of them.
We obviously have an extraordinarily high level of group of members,
as my colleagues have seen, on both sides of the aisle who take this
business quite seriously, and we are very pleased about that.
I would like to include for the Record the administration policy and
exchange of correspondence with the chairmen of the appropriate
committees. That would be the gentleman from Ohio (Mr. Oxley), the
gentleman from Wisconsin (Mr. Sensenbrenner), and the gentleman from
California (Mr. Hunter).
Statement of Administration Policy
H.R. 2417--Intelligence Authorization Act for FY 2004
(This statement has been coordinated by OMB with the
concerned agencies.)
The Administration appreciates the support of the Permanent
Select Committee on Intelligence for the work and efforts of
the Intelligence Community (IC), as well as the Committee's
inclusion in its bill of a significant number of requested
provisions. The Administration would support H.R. 2417 if the
concerns outlined below are addressed.
The Administration has not had the opportunity to review
the classified schedule of authorizations, and reserves
comment on those authorizations. The Administration would
strenously object if certain high priority transformational
development programs affecting the IC's future collection and
research and development strategies, are not authorized as
requested.
The Administration appreciates the Committee's support for
our initiatives to improve our nation's intelligence
capabilities, and believes that section 336, regarding
improved information sharing among federal, State, and local
government officials, addresses significant and important
issues. However, the Administration has concerns with this
and other sections of the bill (such as section 321) which
seek to direct specific roles and responsibilities to be
carried out by particular components of the Executive Branch.
They could impinge on the President's constitutional
authority to determine how Executive Branch agencies should
be organized to carry out national defense and anti-terrorism
activities.
Section 505, concerning the measurement and signatures
intelligence (MASINT) research program, would provide the
Defense Department the authority to review CIA and other
intelligence agencies' MASINT programs. The Administration
would oppose this expanded authority for DoD, as we believe
the existing authorities and responsibilities are properly
vested.
The Administration looks forward to working with the
Congress on these and a number of other policy and technical
concerns as H.R. 2417 moves through the legislative process.
____
House of Representatives, Committee on the Judiciary,
Rayburn House Office Building,
Washington, DC, June 17, 2003.
Hon. Porter Goss,
Chairman, Permanent Select Committee on Intelligence, House
of Representatives, Washington, DC.
Dear Chairman Goss: In recognition of the desire to
expedite floor consideration of H.R. 2417, the intelligence
authorization bill for fiscal year 2004, the Committee on the
Judiciary hereby waives consideration of the bill with the
understanding that you will continue to work with me on
sections within the Committee on the Judiciary's jurisdiction
and that for any of those sections on which we cannot reach a
mutually agreeable resolution, you will remove them before
enactment. I further understand that you will support the
Committee on the Judiciary's request for conferees on these
sections.
The sections in the bill as reported that contain matters
within the Committee on the Judiciary's Rule X jurisdiction
are:
104(e) (relating to funding for the Department of Justice's
National Drug Intelligence Center);
321 (relating to procedures for using classified
information);
332 (relating to the use of explosives by certain qualified
aliens if they are in the United States to cooperate with the
CIA or the United States military);
333 (relating to the naturalization of certain persons);
334 (relating to the types of financial institutions from
which law enforcement can obtain financial records for
criminal investigation purposes);
335 (relating to certain aspects of the mandatory source
rules for Federal Prison Industries as they relate to
procurements by the Central Intelligence Agency);
336 (relating to pilot projects to encourage the sharing of
intelligence information between state and local officials
and representatives of critical infrastructure industries on
the one hand and federal officials on the other)
401 (relating to giving certain employees of the Central
Intelligence Agency the protections of the Federal Tort
Claims Act when they take certain actions to prevent crime)
504 (relating to giving certain employees of the National
Security Agency the protections of the Federal Tort Claims
Act when they take certain actions to prevent crime)
(These section numbers refer to the bill as reported.)
Based on this understanding, I will not request a sequential
referral based on their inclusion in the bill as reported.
The Committee on the Judiciary takes this action with the
understanding that the Committee's jurisdiction over these
provisions is in no way diminished or altered. I would
appreciate your including this letter in your Committee's
report on H.R. 2417 and the Congressional Record during
consideration of the legislation on the House floor.
Sincerely,
F. James Sensenbrenner, Jr.,
Chairman.
____
House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, June 16, 2003.
Hon. F. James Sensenbrenner, Jr.,
Chairman, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Chairman Sensenbrenner: Thank you for your letter
regarding H.R. 2417, the intelligence authorization bill for
fiscal year 2004. As you noted, several provisions of the
bill as reported fall within the Rule X jurisdiction of the
Committee on the Judiciary. I will continue to work with you
on these sections. For any of these sections on which we
cannot reach a mutually agreeable resolution, I will remove
them before enactment. Further I will support the Committee
on the Judiciary's request for conferees on these sections.
The sections of the bill as reported that contain matters
within the Committee on the Judiciary's Rule X jurisdiction
are:
104(e) (relating to funding for the Department of Justice's
National Drug Intelligence Center);
321 (relating to procedures for using classified
information);
332 (relating to the use of explosives by certain qualified
aliens if they are in the United States to cooperate with the
CIA or the United States military);
333 (relating to the naturalization of certain persons);
334 (relating to the types of financial institutions from
which law enforcement can obtain financial records for
criminal investigation purposes);
335 (relating to certain aspects of the mandatory source
rules for Federal Prison Industries as they relate to
procurements by the Central Intelligence Agency);
336 (relating to pilot projects to encourage the sharing of
intelligence information between state and local officials
and representatives of critical infrastructure industries on
the one hand and federal officials on the other);
401 (relating to giving certain employees of the Central
Intelligence Agency the protections of the Federal Tort
Claims Act when they take certain actions to prevent crime);
504 (relating to giving certain employees of the National
Security Agency the protections of the Federal Tort Claims
Act when they take certain actions to prevent crime).
(These section numbers refer to the bill as reported.) I
appreciate you willingness to forgo consideration of the bill
and not request a sequential referral based on this
understanding.
I acknowledge that by agreeing to waive its consideration
of the bill, the Committee on the Judiciary does not waive
its jurisdiction over the bill or any of the matters under
your jurisdiction. I will include a copy of your letter and
this response in our Committee's report on H.R. 2417 and the
Congressional Record during consideration of the legislation
on the House floor.
Thank you for your assistance in this matter.
Sincerely,
Porter J. Goss,
Chairman.
____
House of Representatives, Committee on Financial
Services, Rayburn House Office Building,
Washington, DC, June 17, 2003.
Hon. Porter J. Goss,
Chairman, Select Committee on Intelligence, Washington, DC.
Dear Chairman Goss: On June 12, 2003, the Select Committee
on Intelligence ordered reported H.R. 2417, The Intelligence
Authorization Act for Fiscal Year 2004. As you are
[[Page H5879]]
aware, the bill as reported contained several provisions
which fall within the jurisdiction of the Committee on
Financial Services pursuant to the Committee's jurisdiction
under Rule X of the Rules of the House of Representatives.
As you know, we continue to have strong concerns about some
of these provisions, particularly those relating to the
creation of a Bureau of Enforcement and Intelligence within
the Department of the Treasury. However, because of your
commitment to support my position regarding all of these
provisions as the bill moves through the process and the need
to move this legislation expeditiously, I will waive
consideration of the bill by the Financial Services
Committee. By agreeing to waive its consideration of the
bill, the Financial Services Committee does not waive its
jurisdiction over H.R. 2417. In addition, the Committee on
Financial Services reserves its authority to seek conferees
on any provisions of the bill that are within the Financial
Services Committee's jurisdiction during any House-Senate
conference that may be convened on this legislation. I ask
your commitment to support any request by the Committee on
Financial Services for conferees on H.R. 2417 or related
legislation.
Finally, I request that you include a copy of this letter
and your response in the Select Committee's report on the
bill, and that they be printed in the Congressional Record
during the consideration of this legislation on the floor.
I appreciate your commitment to address my concerns as the
process moves forward and willingness to work constructively
toward common goals.
Sincerely,
Michael G. Oxley,
Chairman.
____
House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, June 17, 2003.
Hon. Michael G. Oxley,
Chairman, Committee on Financial Services, Rayburn House
Office Building, Washington, DC.
Dear Chairman Oxley: On June 12, 2003, the Select Committee
on Intelligence ordered reported H.R. 2417, the
"Intelligence Authorization Act of Fiscal Year 2004." The
bill as reported contained several provisions which fall
within the jurisdiction of the Committee on Financial
Services, pursuant to the Committee's jurisdiction under Rule
X of the Rules of the House of Representatives.
I am quite aware of, and sensitive to the specific concerns
you raise about the inclusion of section 105 in H.R. 2417
concerning the establishment of a Bureau of Intelligence and
Enforcement within the Department of the Treasury. Once
again, I want to convey my personal commitment to work with
you to resolve this issue to our common satisfaction and
support your position in a conference with the Senate on the
Intelligence Authorization bill.
I very much appreciate your willingness to waive
consideration of H.R. 2417 by the Financial Services
Committee. I acknowledge that, by agreeing to waive its
consideration of the bill, the Financial Services Committee
does not waive its jurisdiction over H.R. 2417. I further
recognize that the Committee on Financial Services reserves
its authority to seek conferees on any provisions of the bill
that are within the Financial Services Committee's
jurisdiction during any House-Senate conference that may be
convened on this legislation. I will support a request by the
Committee on Financial Services for conferees on H.R. 2417 or
related legislation.
Finally, I am pleased to accommodate your request to
include a copy of your letter and my response in the Select
Committee's report on the bill, and that they be printed in
the Congressional Record during the consideration of this
legislation on the floor.
I appreciate your commitment to work together so as to
achieve an appropriate and mutually satisfactory resolution
of this important national security matter.
Sincerely,
Porter J. Goss,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, June 19, 2003.
Hon. Porter J. Goss,
Chairman, House Permanent Select Committee on Intelligence,
Washington, DC.
Dear Chairman Goss: I am writing to you concerning the
jurisdictional interest of the Committee on Armed Services in
matters being considered in H.R. 2417, the Intelligence
Authorization Act for Fiscal Year 2004.
I recognize the importance of H.R. 2417 and the need for
this legislation to move expeditiously. Therefore, while the
committee is entitled to a jurisdictional claim on this
legislation, I do not intend to request a sequential
referral.
The Committee on Armed Services asks that you support our
request to be conferees on the provisions over which we have
jurisdiction during any House-Senate conference.
Additionally, I request that you include this letter as part
of your committee's report on H.R. 2417.
Thank you for your cooperation in this matter.
Sincerely,
Duncan Hunter,
Chairman.
____
House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, June 18, 2003.
Hon. Duncan Hunter,
Chairman, Committee on Armed Services, Rayburn House Office
Building, Washington, DC.
Dear Chairman Hunter: Thank you for your letter regarding
H.R. 2417, the intelligence authorization bill for fiscal
year 2004. As you noted, elements of the bill as reported
fall within the Rule X jurisdiction of the Committee on Armed
Services. I will continue to work with you on these sections.
I will support the Committee on Armed Services' request for
conferees on these sections.
I appreciate your willingness to forgo consideration of the
bill and not request a sequential referral based on this
understanding.
I acknowledge that by agreeing to waive its consideration
of the bill, the Committee on Armed Services does not waive
its jurisdiction over the bill or any of the matters under
your jurisdiction. I will include a copy of your letter and
this response in our Committee's report on H.R. 2417 and the
Congressional Record during consideration of the legislation
on the House floor.
Thank you for your assistance in this matter.
Sincerely,
Porter J. Goss,
Chairman.
Finally, Mr. Chairman, I want to thank our staff. We have a perfect
balance, I believe, between professional management staff and expertise
on the various facets of the Intelligence Community which is what we
need to do our job properly in terms of providing oversight on the one
hand, to make sure the Intelligence Community plays in bounds and to
make sure they have the necessary wherewithal, the advocacy piece that
is our other side, the other hat we wear.
I am very much convinced that intelligence is the best investment. We
are involved globally. There is no question the United States of
America is no secret any place around the world, and in order for us to
do the best we can in terms of our security, we have to have good
information. It is a good investment.
Nobody would pretend that we are fully sufficient in all that we
have. We can always do better, and I think we will probably be talking
about sufficiency and insufficiency as we go along in our review.
Nobody would say that we are inherent. There is no document I know
that is written that is inherent with the possible exception of the
Bible, and some would say the New York Times, but I think they
forfeited their right to that recently, nor is there anyone infallible.
We are all human beings. What I can say to the American people is that
I am satisfied that the men and women of the Intelligence Community of
our Nation, and there are thousands of them, are doing their best for
our national security, and I think we need to be behind them, and
supporting this bill would be a good way to do that.
Mr. SIMMONS. Mr. Chairman, I rise today in support of H.R. 2417, a
bill to reauthorize appropriations for FY 2004 for the intelligence and
intelligence-related activities of the U.S. Government.
It has been my honor to serve this Nation with the Central
Intelligence Agency for 10 years, five of which were spend as an
operations officer in Southeast Asia. For over 30 years I served on
active and reserve duty as a Military Intelligence Officer and have
also had the unique privilege of serving as Staff Director for the
Senate Select Committee on Intelligence under Chairmen Barry Goldwater
and Daniel Patrick Moynihan. All this service took place at a time when
our Nation was seeking to win the Cold War.
The collapse of the Soviet Union changed our world for the better,
but did not eliminate the need for accurate and timely intelligence. We
now face a new uncertainty and risk. Rather than focusing on one or two
superpowers, we have to defend against numerous lethal covert terrorist
groups.
H.R. 2417 responds to these changing threats by boosting the role of
human intelligence or HUMINT gathered from human sources around the
world; increases our ability to analyze material from a broad spectrum
of sources; increases our capability to conduct counter terrorism; and
authorizes protections and benefits for our intelligence officers at
home and abroad.
Mr. Chairman, it is incumbent on this body to improve the
intelligence capabilities of the Nation, to better serve as the "eyes
and ears" of America in a difficult and dangerous world. This bill
responds to this urgent requirement, and I support it completely.
[[Page H5880]]
H.R. 2417--Intelligence Authorization Act for FY 2004, Updated June 24,
2003
floor situation
The House is scheduled to consider H.R. 2417, pursuant to a
rule, on Wednesday, June 25, 2003. On Tuesday, June 24, 2003,
the Rules Committee granted, by voice vote, a modified open
rule providing one hour of general debate equally divided and
controlled by the chairman and ranking minority member of the
Permanent Select Committee on Intelligence. The rule provides
that the bill shall be considered for amendment under the
five-minute rule. The rule provides that it shall be in order
to consider as an original bill for the purpose of amendment
under the five-minute rule the amendment in the nature of a
substitute now printed in the bill, which shall be considered
as read. The rule waives all points of order against
consideration of the bill, and against the committee
amendment in the nature of a substitute. The rule provides
that no amendment to the committee amendment in the nature of
a substitute shall be in order except those printed in the
Rules Committee report accompanying the resolution, and all
points of order against said amendments are waived. The rule
provides that each amendment may be offered only in the order
printed in the report, may be offered only by a Member
designated in the report, shall be considered as read, and
shall not be subject to a demand for division of the question
in the House or in the Committee of the Whole. Finally, the
rule provides one motion to recommit with or without
instructions.
summary
H.R. 2417 authorizes appropriations for FY 2004 for (a) the
intelligence and intelligence-related activities of the U.S.
Government, (b) the Community Management Account, and (c) the
Central Intelligence Agency Retirement and Disability System.
The authorization level is classified. The funding levels and
personnel ceilings for most programs are outlined in a
classified annex to the committee report, which Members only
may review in the offices of the Permanent Select Committee
on Intelligence in H-405 in the Capitol.
highlights
H.R. 2417 will:
Provide full support for the Intelligence Community's
efforts in the war on terrorism;
Focus attention on the need to enhance Human Intelligence
capabilities and tools;
Authorize additional resources to improve analytical depth
in all areas of intelligence, and increase our analytical
capacity to process, exploit, and disseminate all of the
intelligence that is collected;
Posture the Intelligence Community to develop a framework
for a unified overhead imagery architecture;
Include provisions that are intended to improve the
government's ability to identify any spies that might be
working against the United States and to provide the
government additional leverage as it moves to prosecute such
traitors, such as Hanssen, Ames, and Montes;
Establish a Bureau of Intelligence and Enforcement within
the Department of the Treasury, to be headed by an Assistant
Secretary for Intelligence and Enforcement, that will enhance
the government's ability to gather and process information
about the financial support of terrorism and other illegal
activity;
Require the Director of Central Intelligence (DCI) to
report on lessons learned as a result of military operations
in Iraq;
Improve information sharing among Federal, State, and local
government officials; including increased training for state
and local officials on how the intelligence community can
support their counterterrorism efforts;
Require the Intelligence Community's senior leadership to
comprehensively examine (and report to Congress on) policy
and technical issues related to digital information sharing,
electronic collaboration, and "horizontal integration"
across the Intelligence Community;
Extend the authority for the use of funds designated for
intelligence and intelligence-related purposes for assistance
to the Government of Colombia for counter-drug activities to
be used also to fund counterterrorism activities in Colombia
for each of FYs 2004 through 2005;
Provide limited immunity from tort liability to those
Special Police Officers of the Central Intelligence Agency
and the National Security Agency;
Authorize the personnel ceilings on September 30, 2004 for
the intelligence and intelligence-related activities of the
U.S. Government and permit the Director of Central
Intelligence to authorize personnel ceilings in Fiscal Year
2003 for any intelligence element up to two percent above the
authorized levels, with the approval of the Director of the
Office of Management and Budget; and
Authorize $226.4 million for the Central Intelligence
Agency Retirement and Disability Fund (CIARDS) in order to
fully fund the accruing cost of retirement benefits for
individuals in the Civil Service Retirement System, CIARDS,
and other Federal retirement systems.
background
Agencies' activities affected by the Intelligence
Authorization Act of 2003, include fourteen agencies of the
U.S. government, su
