[Congressional Record: July 16, 2008 (House)]
[Page H6582-H6587]                        



 
 PROVIDING FOR CONSIDERATION OF H.R. 5959, INTELLIGENCE AUTHORIZATION 
                        ACT FOR FISCAL YEAR 2009

  Mr. HASTINGS of Florida. Mr. Speaker, by direction of the Committee 
on Rules, I call up House Resolution 1343 and ask for its immediate 
consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 1343

       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. 5959) to authorize appropriations for fiscal 
     year 2009 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 except 
     those arising under clause 9 of rule XXI. 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. 
     Notwithstanding clause 11 of rule XVIII, 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 such 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, shall be debatable for the time specified 
     in the report equally divided and controlled by the proponent 
     and an opponent, shall not be subject to amendment, 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 except those arising 
     under clause 9 or 10 of rule XXI. 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.
       Sec. 2.  During consideration in the House of H.R. 5959 
     pursuant to this resolution, notwithstanding the operation of 
     the previous question, the Chair may postpone further 
     consideration of the bill to such time as may be designated 
     by the Speaker.

  The SPEAKER pro tempore (Mr. Holden). The gentleman from Florida is 
recognized for 1 hour.
  Mr. HASTINGS of Florida. Mr. Speaker, for the purpose of debate only, 
I yield the customary 30 minutes to my good friend, the gentleman from 
Washington (Mr. Hastings). All time yielded during consideration of the 
rule is for debate only.

[[Page H6583]]

                             General Leave

  Mr. HASTINGS of Florida. I ask unanimous consent that all Members 
have 5 legislative days within which to revise and extend their remarks 
and insert extraneous materials into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. HASTINGS of Florida. I yield myself such time as I may consume.
  Mr. Speaker, House Resolution 1343 provides for consideration of H.R. 
5959, the Intelligence Authorization Act for Fiscal Year 2009, under a 
structured rule. The rule provides 1 hour of debate controlled by the 
Permanent Select Committee on Intelligence and makes in order seven 
amendments.
  Three amendments are to be offered by my colleagues in the minority, 
including one by the Republican whip and one by the ranking Republican 
of the Intelligence Committee. Three are to be offered by Democrats, 
and the last one by two bipartisan sponsors. This is a fair rule, and I 
urge my colleagues to support it.
  Mr. Speaker, today, more than ever, strengthening our intelligence 
apparatus and giving it the flexibility it needs to meet continuing 
threats should be one of this body's highest priorities. The resurgence 
of al Qaeda and increasing global threats underscore the importance of 
the authorization bill before us today.
  The Intelligence Authorization Act authorizes funding for 16 United 
States intelligence agencies and intelligence-related activities of the 
United States Government for fiscal year 2009.
  Due to the classified nature of this bill, I wish to point out that 
Members can view the classified portions of the bill by making an 
appointment with the Intelligence Committee in H-405 of the Capitol.
  Despite the House's best efforts, for the past 3 years an 
intelligence authorization bill has not become law. Therefore, I am 
very pleased today with this well-balanced, bipartisan bill. I am 
hopeful that this great work will continue, concluding with the 
President's signature of the underlying legislation into law.
  This year's intelligence authorization bill adds crucial funding to 
enhance human intelligence collection, as well as for other enduring 
and emerging global security challenges we face in Asia, Africa, and 
Latin America. The bill also provides funding to address the impact of 
climate change on our national and energy security.
  Mr. Speaker, in recent years, we have seen the devastating costs that 
flawed intelligence and a misinformed Congress can have on national 
security. This bill enhances accountability and transparency through 
long overdue oversight and monitoring.
  The underlying bill increases reporting requirements to the House and 
Senate Intelligence Committees on the nuclear capabilities of North 
Korea, Iran, and Syria.
  The bill also amends the National Security Act to require the 
executive branch to provide Congress with the necessary information 
about our intelligence operations to ensure proper oversight.
  As someone who sat through countless hours of Intelligence Committee 
hearings and briefings, I have been appalled by the unwillingness and 
outright stonewalling of the Bush administration when Members have 
asked even the most basic of questions about our intelligence community 
policies and practices.
  Additionally, the underlying legislation helps restore our Nation's 
global credibility by ensuring that we meet our international 
obligations. The reporting requirements on compliance with the Detainee 
Treatment Act and the Military Commissions Act regarding detentions and 
interrogations bring credibility and security to our Nation for future 
generations.
  The bill also furthers our commitment to improving the intelligence 
community's security and clearance process. It increases pay for 
intelligence officers--and I would underscore much-needed increases--
and enhances oversight and accountability through the creation of an 
intelligence community Inspector General.
  Moreover, the underlying legislation includes a provision that would 
require reporting on plans to enhance diversity within the intelligence 
community, and a lot of effort has gone into this particular measure, 
beginning with our former colleague, Louis Stokes, and our departed 
colleague, Julian Dixon, and the work of my colleague, Sanford Bishop, 
and myself, as well as the Chair and countless members of the committee 
in trying to ensure that we have appropriate diversity in the 
intelligence community.
  The diversity of our Nation should be directly reflected in our 
intelligence community's workforce. We cannot, and will not, 
appropriately meet our security challenges without ensuring this. I 
appreciate and support these efforts, as the issue, as I expressed, was 
one of my top concerns when I served on the Intelligence Committee.
  Finally, I would like to thank Chairman Reyes for including in his 
amendment a provision written by my colleague on the Rules Committee, 
Representative Peter Welch, that addresses the employment needs of 
resettled Iraqi and Afghani interpreters.
  Our government has a moral responsibility to provide proper resources 
for these allies who risked their lives to assist our efforts to fight 
global terrorist threats. This measure will help fill gaps in our 
intelligence-gathering activities and is a start toward fulfilling our 
obligations to our Iraqi and Afghani allies.
  Mr. Speaker, the threats posed to our Nation are only intensifying. 
To keep pace, America's intelligence community requires the most robust 
and modern tools to identify and disrupt such attacks. This 
Intelligence Authorization Act does just that.
  I urge my colleagues to support this rule and the underlying 
legislation.
  I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I want to thank my friend 
and namesake from Florida for yielding me the customary 30 minutes, and 
I yield myself as much time as I may consume.
  (Mr. HASTINGS of Washington asked and was given permission to revise 
and extend his remarks.)
  Mr. HASTINGS of Washington. Mr. Speaker, the underlying intelligence 
authorization bill that this rule makes in order generally has 
bipartisan support in this House. This support comes in part from a 
number of Republican amendments that were adopted during the 
Intelligence Committee markup.
  Among the adopted amendments was one offered by Ranking Member 
Hoekstra to eliminate all earmarks from the bill and to strike the 
provision transferring $39 billion to the Department of Justice for an 
entity known as the National Drug Intelligence Center.
  This appropriateness of earmarking intelligence funds, and 
controversy surrounding this earmark in particular, was a serious issue 
during last year's consideration of this bill.
  By adopting the Republican ban on earmarks in committee, such 
controversies are diminished, but Mr. Speaker, the larger need for 
earmark reform across Congress still remains.
  Mr. Speaker, I support a 1-year earmark moratorium for all Members to 
allow for reforms to take place. Key among these reforms should be a 
definition of what is an appropriate allocation of Federal funds and 
what is an abuse of taxpayer dollars that assumes no essential or 
relevant Federal Government need.

                              {time}  1045

  Republican efforts to institute a 1-year ban on earmarks and to allow 
for a reform have been stymied by opposition from Speaker Pelosi and 
the other liberal leaders of the House.
  While it is a small sign of success that earmarks have been stricken 
from this bill, a great deal more needs to be done to restore the 
American people's faith on how Congress spends taxpayers' money.
  Now, Mr. Speaker, on the rule itself, I would like to make two 
points. First, the rule is unnecessarily restrictive and only makes in 
order half of the 20 amendments filed with the Rules Committee; just 10 
amendments will be debated on this bill. There were other relevant 
amendments that were offered by Representatives on both sides of the 
aisle that were blocked by the Democrat Rules Committee.
  In this instance, Mr. Speaker, the best that can be said about this 
unfair rule is that it at least treats both Republicans and Democrats 
unfairly by

[[Page H6584]]

blocking an almost equal number of amendments from Representatives of 
each party. However, Mr. Speaker, restricting debate on both sides of 
the aisle is not what the American people were promised by those who 
now control this House. They promised an historic level of bipartisan 
openness, not the record-setting shutdown of debate on the House floor 
that they've been practicing for the past year and a half.
  Finally, Mr. Speaker, this rule waives the PAYGO rule written and 
passed by the liberal Democrat majority in January of 2007. Now my 
colleagues on the other side of the aisle may rush to say that they had 
to waive PAYGO rules because this is an intelligence bill and there is 
a classified section that isn't public, so it can't be read to make a 
parliamentary ruling on whether PAYGO has been violated. That's what 
the argument will probably be. Yet, Mr. Speaker, this is a false 
excuse.
  The fault here rests not with the need to keep secret the classified 
information in the bill, it's that the Democrat majority chose to write 
the new House rules--initially--behind closed doors without consulting 
with the whole House or with Republicans. In doing so, they have made 
error after embarrassing error. On multiple occasions, this House has 
had to go back and fix mistakes in the rules that Democrat leaders made 
by refusing to work or even consult with Republicans. They had to do it 
on charitable fund raising, plane travel, and banning Members from 
flying their own airplanes.
  And when it comes to PAYGO, not only was the rule written poorly to 
apply to classified parts of the bill, but it's a rule that Democrat 
leaders have decided to ignore for politically expedient reasons.
  There is a great deal of talk from the liberal majority on their 
allegiance to PAYGO, yet they've just ignored it time after time when 
it suits their purposes; for example, on the farm bill, on unemployment 
insurance extensions, and on fixing the alternative minimum tax.
  Mr. Speaker, it's inconsistent to use PAYGO as an excuse to block 
proposals and amendments you oppose and then ignore PAYGO on a bill 
that you really want to pass. PAYGO is simply a smokescreen, Mr. 
Speaker, that this Democrat Congress is trying to use to cover for the 
largest proposed tax increase in American history and tens of billions 
of dollars in higher government spending.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Florida. Mr. Speaker, I am very pleased to yield 5 
minutes to my good friend from Massachusetts (Mr. McGovern) with whom I 
serve on the Rules Committee.
  Mr. McGOVERN. I thank the gentleman for yielding.
  Mr. Speaker, I rise in support of this rule. And I want to take my 
time to also rise in support of the Blunt amendment on Colombia.
  Mr. Speaker, I cannot describe the joy and the excitement that I felt 
on July 2 when I knew the rescue operation had been successful and that 
Mark Gonsalves, Keith Stansell, Thomas Howes, Ingrid Betancourt and 11 
Colombians were finally free after years of torment and brutality 
suffered at the hands of the FARC.
  I immediately wrote President Uribe congratulating him on the 
successful rescue. I also told President Uribe and members of the 
Colombian families that I remain committed to working for the release 
of the rest of the hostages. I would like to enter a copy of that 
letter into the Record.
  Mr. Speaker, I know I speak for all my colleagues when I say that I 
want to see an end to the conflict in Colombia. I want to see the 
dismantling of all paramilitary, FARC, ELN, and other armed groups in 
Colombia. Clearly, this is in the best interests of the Colombian 
people as well as the United States.
  I want to see the Colombian military and security forces finally 
break their ties to armed groups, drug lords and criminals, and to 
fully respect the rights of all Colombian citizens.
  The Blunt amendment notes how intelligence and other cooperation by 
the United States contributed to weakening all of Colombia's illegal 
armed actors--the paramilitaries, the FARC and the ELN. It states that 
such assistance should continue to capitalize on recent successes. Mr. 
Speaker, I couldn't agree more. According to an analysis by the Center 
for International Policy, what is most interesting about the hostage 
rescue operation and other recent successes is how different it is from 
what has failed in the past, namely, massive and expensive military 
offenses, fumigation, and racking up civilian body counts. The rescue 
highlights what has worked--the intelligence and cooperation that the 
gentleman from Missouri encourages us to continue:
  A greater intelligence focus aimed at the top leadership of the FARC 
and the captors of the hostages;
  A public relations campaign making it clear to the guerrilla rank-
and-file that those who desert and who surrender to the government will 
not be tortured or disappear as in the past, but instead will get job 
training, a stipend, and the promise of a new life;
  And an increased presence by security forces in population centers 
and on main roads aimed at protecting civilians rather than treating 
them as suspects.
  Mr. Speaker, most interesting about these strategies is that, with 
the exception of the cost of increased manpower and protective 
presence, they are relatively inexpensive. These efforts, which have 
proven so effective, make up only a sliver of Colombia's defense budget 
and only a sliver of U.S. assistance. Planners of future aid packages 
to Colombia should take note.
  Intelligence and encouragement of desertion work--these relatively 
cheap but vastly improved capabilities made the bloodless rescue 
mission possible. It is hard to imagine the Colombian military of even 
just 2 years ago pulling off an operation like this, but today we 
celebrate the freedom of 15 Colombians and Americans.
  Mr. Speaker, I would like to enter into the Record a letter sent by 
Senator Richard Lugar to President Uribe urging him to seize this 
moment and open up negotiations with the FARC and the ELN to end the 
conflict and release the hundreds of Colombians who remain in 
captivity. Thus, indeed, will Colombia finally defeat the guerrillas 
and hopefully reunite the remaining hostages with their families and 
loved ones. I remain committed to this cause, and every Member of this 
Chamber should remain committed to this cause.
  Mr. Speaker, I have many, many deep concerns about the human rights 
situation in Colombia and some of the aid we send. But the Blunt 
amendment is not an endorsement of the ``same old, same old.'' It is a 
recognition of something that has worked.
  I urge all my colleagues to support the Blunt amendment, and I urge 
passage of this rule.

                                     House of Representatives,

                                     Washington, DC, July 2, 2008.
     Hon. Alvaro Uribe Velez,
     President, Republic of Colombia, Casa de Narino Bogota, 
         Colombia.
       Dear President Uribe, I just want to express my deepest 
     appreciation and gratitude for the successful operation that 
     freed 15 of the hostages--eleven Colombians, Ingrid 
     Betancourt, and the three Americans.
       No doubt like everyone watching the breaking news 
     throughout this afternoon, I simply have no words to express 
     what I'm feeling.
       I can only say thank you to you and to everyone who was 
     involved in this very successful and intelligent ruse that 
     resulted in freeing so many without a single shot fired or 
     anyone injured.
       As always, I remain committed to working with you and with 
     my counterparts in the international community to secure the 
     freedom of the remaining Colombian captives.
           Sincerely,
                                                James P. McGovern,
     Member of Congress.
                                  ____



                                                  U.S. Senate,

                                     Washington, DC, July 8, 2008.
     His Excellency, Alvaro Uribe,
     President of the Republic of Colombia,
     Bogota, Colombia.
       Dear Mr. President: I write to congratulate you on the 
     Colombian military's daring operation to rescue hostages held 
     by the Revolutionary Armed Forces of Colombia (FARC), 
     including three American military contractors, Ingrid 
     Betancourt, and several members of the Colombian military. I 
     believe this operation marks a turning point in Colombia's 
     struggle against the violent and decades-long conflict and 
     will be viewed as an example of the progress that the United 
     States and our Latin American friends can realize when acting 
     in partnership.
       It will not go unnoticed that this historic success against 
     violent guerillas was most distinguished by cooperation and 
     execution of a non-violent nature. I remain hopeful that this 
     event opens a new chapter in Latin American history, one in 
     which ideological

[[Page H6585]]

     and territorial disputes may be resolved through persuasion 
     rather than coercion.
       With the FARC on its heels for the moment, I encourage you 
     to press for its disarmament and its renunciation of drug 
     trafficking and extortion in exchange for a seat at the 
     negotiating table. In this regard, I applaud Colombia's 
     decision to seek direct talks with FARC rebels to explore 
     further hostage releases; these steps could lay the 
     groundwork for broader gains in the interest of peace for the 
     people of Colombia. In addition, I would urge you to consider 
     including the National Liberation Army (ELN) as part of 
     future talks to end the violence. Lastly and more generally, 
     I would encourage you to consider Brazil, a country with a 
     record of bridging ideological divisions and displaying an 
     awareness of regional sensitivities, as a possible mediator 
     for any discussions. These, of course, are decisions for your 
     government to make, but your many friends want to be as 
     helpful and supportive as possible.
       For the United States, Colombia's achievement should be 
     taken as a sign of the tangible results that patient, 
     committed and consistent policies of cooperation and 
     assistance can yield. These latest blows against the FARC 
     demonstrate how U.S. funding can be spent constructively for 
     the cause of peace in our region, and I am hopeful that the 
     U.S. Congress will deepen support for you and your country's 
     quest for peace.
       Once again, I applaud your leadership, the Colombian 
     military's impressive action against the FARC, and the 
     steadfastness of the Colombian people.
           Sincerely,
                                                 Richard G. Lugar,
                                            United States Senator.

  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3 
minutes to the gentleman from Delaware (Mr. Castle).
  Mr. CASTLE. I thank the gentleman from Washington for yielding.
  Mr. Speaker, I do rise in opposition to the rule for consideration of 
the fiscal year 2009 Intelligence Authorization Act.
  As a former member of the House Select Committee on Intelligence, I 
strongly believe we must enact all of the 9/11 Commission's 
intelligence recommendations, even those that apply to our own 
congressional committees.
  In its final report, the 9/11 Commission concluded that, ``Of all our 
recommendations, strengthening congressional oversight may be among the 
most difficult and important. So long as oversight is governed by the 
current congressional rules and resolutions, we believe the American 
people will not get the security they want and need.''
  The bipartisan 9/11 Commission report and the subsequent 9/11 Public 
Disclosure Project recommended three alternatives for reforming 
congressional oversight of intelligence. These options include:
  One, establishing a joint committee on intelligence modeled after the 
old Joint Committee on Atomic Energy;
  Two, establishing House and Senate committees on intelligence with 
authorizing and appropriating authority; or
  Three, establishing a new appropriations subcommittee on 
intelligence.
  In the wake of the terrorist attacks of 2001, Congress enacted a 
large majority of the commission's recommendations. However, as it 
turns out, it has been those recommendations that apply directly to the 
tangled rules and procedures here in the United States Congress which 
have been left unfinished.
  Last year, Congress applied a Band-Aid to this problem by creating a 
powerless Intelligence Oversight Panel that has very little control 
over actual funding decisions. Despite what I am certain are sincere 
efforts on the part of members of this panel, this is clearly not what 
the 9/11 Commission recommended. In fact, its report plainly states 
that ``tinkering with the existing committee structure is not 
sufficient.''
  As a result, experts on the 9/11 Commission, including a leading 
Democrat from the commission who I happened to speak with this morning, 
are concerned that intelligence agencies can dodge effective oversight 
by going around the authorizing committees that scrutinize them most 
closely. For example, last year, the ranking member of the Senate 
Intelligence Committee described what he called a ``consistent 
pattern'' in which the authorizing committee held in-depth hearings and 
then made specific funding recommendations for several secret programs 
only to have appropriators go in a dramatically different direction.
  Yesterday, Congressman Shays and I appeared before the Rules 
Committee and offered a simple amendment to the bill before us calling 
for a sense of Congress that this House should act at the start of next 
year to implement these crucial 9/11 recommendations. Unfortunately, 
despite vocal support from both Democrats and Republicans on the Rules 
Committee last night, this amendment was denied under today's rule.
  I have no doubt that implementing this proposal will be a challenge, 
yet we cannot continue to just sweep this vital 9/11 Commission 
recommendation under the rug while at the same time calling for other 
government agencies to make reforms. A former 9/11 Commission member, 
Tim Roemer, noted recently, ``Out of all the many recommendations of 
the 9/11 Commission, the congressional reform one might be the hardest, 
but it may be the single most important.''
  Mr. Speaker, the American people have insisted that we implement all 
of these important recommendations, even those that are difficult. We 
will be doing this country a disservice until we put in place an 
effective committee structure capable of giving our national 
intelligence agencies the oversight, support and leadership they need.
  Mr. McGOVERN. Mr. Speaker, I reserve the balance of my time.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 5 
minutes to the gentleman from Connecticut (Mr. Shays).
  Mr. SHAYS. Mr. Speaker, I rise to oppose this resolution, but 
recognize that three Republican amendments were made in order and three 
Democratic amendments.
  But what troubles me is that this House, over so many years, 
continues to avoid meaningful debate. I was at the NAACP Convention in 
Cincinnati this week. Before Barack Obama spoke that night, they had a 
debate between college students from Stockton, California and Detroit, 
Michigan, about health care. They had three speakers for the pro 
position and three speakers for the con. It was a fascinating 
experience. It was electric.
  We were witnessing a debate on an issue with 10,000 people listening. 
And I thought, I haven't experienced this in years. I haven't heard 
such a meaningful debate in years. And yet I serve in Congress, and we 
haven't had that kind of debate. And we're not going to have a 
meaningful debate on the authorization bill on intelligence today.
  The amendment Mr. Castle talks about deserves to be debated. It was a 
recommendation of the 9/11 Commission. My Democratic colleagues won 
this House in part by saying we need to implement the recommendations 
of the 9/11 Commission, but they won't allow a debate on something so 
fundamental.
  Why shouldn't there be a Joint House and Senate Committee on 
Intelligence, or, why shouldn't we establish a House and Senate 
Committee on Intelligence with authorization and appropriation powers; 
or, at least have a separate Appropriations Committee on Intelligence 
because now the defense subcommittee of appropriations decides what 
goes in the intelligence bill.
  Why shouldn't we have a debate about that? Why shouldn't we educate 
ourselves about the pros and the cons of it? Why shouldn't the American 
people be allowed to hear such a debate?
  Why is Congress failing to live by the recommendations--or at least 
debate the recommendations of the 9/11 Commission, which my colleagues 
on the other side of the aisle professed to want to do before the 
election? Not to even have a debate is hard to understand.

                              {time}  1100

  There was a second amendment that was not allowed in order. This one 
was to declassify the bottom line of the budget on Intelligence. In 
other words, we would know what it is. The remarkable thing is our 
adversaries know. I won't talk about recent numbers, but I will tell 
you this: Ten years ago, when you read about the numbers in the New 
York Times, we couldn't say the number was accurate, but it was the 
number. The Times was right 10 years ago, 11 years ago and 12 years ago 
and 13 years ago and 14 years ago. The New York Times knew, but the 
American people are not allowed to know. Our adversaries knew. The 
Soviet Union knew. Who didn't know? The American people.
  It's not just that. Another problem is we have to hide tens of 
billions of dollars in our budget that are going to the Intelligence 
Committee.

[[Page H6586]]

  So there are things throughout the budget that really aren't going to 
the things we say they are. They're not going there. They're going to 
the Intelligence Committee. So we have to distort our budget by tens 
and tens and tens of billions of dollars and tell people the money is 
going there when it isn't.
  We even have Members come on the House floor who want to take out 
money from those appropriations, and they don't know that they're not 
taking it out of what that says it's going to go to, because it's going 
to go to the Intelligence Committee.
  So let's just step back a second and think. Our adversaries know what 
the bottom line of our budget is and the American people don't, but 
when my constituents look at expenditures and say ``why are you 
spending money here or there?'' I can't tell them we're not. I can't 
tell them it's really going to the Intelligence budget, but we don't 
want you to know the bottom line in the Intelligence budget.
  All we would have to do is just say, ``X'' billion of dollars is 
going to Intelligence. Then we wouldn't have to fit in ``X'' billion of 
dollars throughout the budget and hide it. We would just give the 
bottom line, and then the other parts of the budget would be honest.
  Now, some members may not be concerned with this, but the sad thing 
is we're not going to have a debate on it because this amendment was 
not allowed by the Rules Committee. I don't know if it's ever going to 
happen.
  When I ran for Congress, I thought we would have a debate about real 
things. We're not having that and we haven't for a long time.
  Mr. McGOVERN. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3 
minutes to the gentleman from Arizona (Mr. Flake).
  Mr. FLAKE. I thank the gentleman for yielding.
  Mr. Speaker, I rise in opposition to the rule. I understand there was 
an amendment adopted in committee that struck all of the earmarks in 
the bill. I applaud this. It's a great day when we decide that the 
Intelligence Authorization Bill is not the place to put secretive 
earmarks. So that was, indeed, a good thing.
  I should also mention that the committee also prohibited $39 million 
from going from the National Drug Intelligence Center. This is a center 
that has been in need of closing down for years. The administration 
says that the NDIC has proven ineffective in achieving its assigned 
mission. Yet it still receives money every year, not because it's 
effective, not because it does anything that the other drug centers 
do--there are some 19 of them, I believe, that are already in 
existence, and it simply duplicates some of those efforts--but because 
there is a powerful appropriator who continues to make sure that that 
center is funded.
  What I wanted to do was to have an amendment here where we could make 
certain that the NDIC was not funded in any portion of this bill, not 
just the earmarks in the unclassified version, but to make sure that 
funding did not go again to the NDIC. That amendment was not allowed.
  We really need to tighten this up, Mr. Speaker, as I mentioned. This 
is a center that the administration has said for years needs to be 
closed. We know it. The administration knows it. Yet we have a powerful 
appropriator who ensures that money continues to flow, not because the 
Nation needs it but simply because we can do it, and that's not a good 
enough reason.
  So I would urge us to reject the rule and to come back with a rule 
that allows meaningful amendments to be debated here.
  Mr. HASTINGS of Washington. Mr. Speaker, I reserve the balance of my 
time.
  Mr. McGOVERN. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. HASTINGS of Washington. Mr. Speaker, may I inquire of my friend 
from Massachusetts, who is substituting for my namesake, I gather, if 
he has any more speakers on his side.
  Mr. McGOVERN. I'm the last speaker, and I'm waiting with great 
anticipation for your close.
  Mr. HASTINGS of Washington. With that then, Mr. Speaker, I yield 
myself the balance of my time.
  This rule provides for the consideration of the Intelligence 
Authorization Bill for the next fiscal year. This legislation is 
important to our national security, and it deserves the attention of 
this House. However, this Congress also needs to address the issue of 
skyrocketing gas prices that affect both our economic and our national 
security.
  For months now, Democratic leaders have blocked debate and votes on 
legislation that would produce more American-made energy, which would 
open parts of Alaska, Federal lands and offshore to oil and gas 
drilling. As a result, in the long run, it would lower the price of 
gasoline.
  Mr. Speaker, Americans are hurting and Congress needs to act. 
Therefore, I urge my colleagues to vote ``no'' on the previous question 
so that I can amend the rule to allow for much needed energy 
legislation to be considered on this House floor.
  By defeating the previous question, the House can finally vote on 
this vital economic and national security issue.
  Mr. Speaker, I ask unanimous consent to have the text of the 
amendment and extraneous material inserted into the Record prior to the 
vote on the previous question.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. Mr. Speaker, I urge my colleagues to 
defeat the previous question so that this House can get serious about 
rising gas prices and so that we can start producing American-made 
gasoline.
  I yield back the balance of my time.
  Mr. McGOVERN. Mr. Speaker, let me say to my colleagues that this is a 
good rule, and it deserves to be supported. I would urge a ``yes'' vote 
on the previous question and on the rule.
  I would say to my colleagues that what the gentleman from Washington 
just proposed on energy is yet another smoke screen by the Republicans 
in their effort to try to cover up their horrendous record on energy. 
They have been in control of this Congress. They were in control of the 
White House for years, and what we have seen are skyrocketing gas 
prices. They have done nothing to make us more energy independent.
  Mr. HASTINGS of Washington. Will the gentleman yield?
  Mr. McGOVERN. No, I will not.
  They have frustrated efforts by the Democratic majority to try to 
support alternative renewable, clean sources of energy from solar, to 
wind, to fuel cell technology, to you name it, and they have been 
against it. The President has refused to heed the appeal by Democrats 
and by the Speaker of the House to tap into the Strategic Petroleum 
Reserve to provide the American people with immediate relief from these 
high gas prices.
  What we have gotten is the same old, same old. We have two oilmen in 
the White House, and we have policies being proposed by the other side 
of the aisle which is the same old same old. Give the oil companies 
whatever they want. You know what? The oil companies are wrong, and 
they're gouging the American taxpayer, and it's about time we had a 
Congress that stood up to them.
  Mr. Speaker, I urge a ``yes'' vote on the previous question and on 
the rule.
  The material previously referred to by Mr. Hastings of Washington is 
as follows:

    Amendment to H. Res. 1343 Offered by Mr. Hastings of Washington

       At the end of the resolution, add the following:
       Sec. 3. Immediately upon the adoption of this resolution 
     the House shall, without intervention of any point of order, 
     consider in the House the bill (H.R. 2493) to amend the Clean 
     Air Act to provide for a reduction in the number of boutique 
     fuels, and for other purposes. All points of order against 
     the bill are waived. The bill shall be considered as read. 
     The previous question shall be considered as ordered on the 
     bill and any amendment thereto to final passage without 
     intervening motion except: (1) one hour of debate on the bill 
     equally divided and controlled by the chairman and ranking 
     member of the Committee on Energy and Commerce, and (2) an 
     amendment in the nature of a substitute if offered by 
     Representative Dingell of Michigan or his designee, which 
     shall be considered as read and shall be separately debatable 
     for 40 minutes equally divided and controlled by the 
     proponent and an opponent;

[[Page H6587]]

     and (3) one motion to recommit with or without instructions.
                                  ____

       (The information contained herein was provided by 
     Democratic Minority on multiple occasions throughout the 
     109th Congress.)

        The Vote on the Previous Question: What It Really Means

       This vote, the vote on whether to order the previous 
     question on a special rule, is not merely a procedural vote. 
     A vote against ordering the previous question is a vote 
     against the Democratic majority agenda and a vote to allow 
     the opposition, at least for the moment, to offer an 
     alternative plan. It is a vote about what the House should be 
     debating.
       Mr. Clarence Cannon's Precedents of the House of 
     Representatives, (VI, 308-311) describes the vote on the 
     previous question on the rule as ``a motion to direct or 
     control the consideration of the subject before the House 
     being made by the Member in charge.'' To defeat the previous 
     question is to give the opposition a chance to decide the 
     subject before the House. Cannon cites the Speaker's ruling 
     of January 13, 1920, to the effect that ``the refusal of the 
     House to sustain the demand for the previous question passes 
     the control of the resolution to the opposition'' in order to 
     offer an amendment. On March 15, 1909, a member of the 
     majority party offered a rule resolution. The House defeated 
     the previous question and a member of the opposition rose to 
     a parliamentary inquiry, asking who was entitled to 
     recognition. Speaker Joseph G. Cannon (R-Illinois) said: 
     ``The previous question having been refused, the gentleman 
     from New York, Mr. Fitzgerald, who had asked the gentleman to 
     yield to him for an amendment, is entitled to the first 
     recognition.''
       Because the vote today may look bad for the Democratic 
     majority they will say ``the vote on the previous question is 
     simply a vote on whether to proceed to an immediate vote on 
     adopting the resolution . . . [and] has no substantive 
     legislative or policy implications whatsoever.'' But that is 
     not what they have always said. Listen to the definition of 
     the previous question used in the Floor Procedures Manual 
     published by the Rules Committee in the 109th Congress, (page 
     56). Here's how the Rules Committee described the rule using 
     information from Congressional Quarterly's ``American 
     Congressional Dictionary'': ``If the previous question is 
     defeated, control of debate shifts to the leading opposition 
     member (usually the minority Floor Manager) who then manages 
     an hour of debate and may offer a germane amendment to the 
     pending business.''
       Deschler's Procedure in the U.S. House of Representatives, 
     the subchapter titled ``Amending Special Rules'' states: ``a 
     refusal to order the previous question on such a rule [a 
     special rule reported from the Committee on Rules] opens the 
     resolution to amendment and further debate.'' (Chapter 21, 
     section 21.2) Section 21.3 continues: Upon rejection of the 
     motion for the previous question on a resolution reported 
     from the Committee on Rules, control shifts to the Member 
     leading the opposition to the previous question, who may 
     offer a proper amendment or motion and who controls the time 
     for debate thereon.''
       Clearly, the vote on the previous question on a rule does 
     have substantive policy implications. It is one of the only 
     available tools for those who oppose the Democratic 
     majority's agenda and allows those with alternative views the 
     opportunity to offer an alternative plan.

  Mr. McGOVERN. I yield back the balance of my time, and I move the 
previous question on the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________

[Congressional Record: July 16, 2008 (House)]
[Page H6596-H6597]


 
 PROVIDING FOR CONSIDERATION OF H.R. 5959, INTELLIGENCE AUTHORIZATION 
                        ACT FOR FISCAL YEAR 2009

  The SPEAKER pro tempore. The unfinished business is the vote on 
ordering the previous question on House Resolution 1343, on which the 
yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  The vote was taken by electronic device, and there were--yeas 226, 
nays 192, not voting 16, as follows:

                             [Roll No. 495]

                               YEAS--226

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castor
     Cazayoux
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emanuel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NAYS--192

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hill
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy, Tim
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--16

     Barton (TX)
     Bean
     Boswell
     Buyer
     Cubin
     Delahunt
     Engel
     Frank (MA)
     Garrett (NJ)
     Gilchrest
     Green, Al
     Lucas
     Musgrave
     Perlmutter
     Platts
     Rush

                              {time}  1242

  Mr. BOEHNER changed his vote from ``yea'' to ``nay.''
  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore. The question is on the resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 226, 
nays 193, not voting 15, as follows:

[[Page H6597]]

                             [Roll No. 496]

                               YEAS--226

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Castor
     Cazayoux
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emanuel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Foster
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson, E. B.
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Taylor
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wexler
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NAYS--193

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hill
     Hobson
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Poe
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stark
     Stearns
     Sullivan
     Tancredo
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Weller
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--15

     Berman
     Boswell
     Buyer
     Cubin
     Delahunt
     Engel
     Frank (MA)
     Gilchrest
     Green, Al
     Hooley
     Lucas
     Perlmutter
     Platts
     Rush
     Shays


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining in this vote.

                              {time}  1251

  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. SHAYS. Mr. Speaker, on July 16, 2008, I missed one recorded vote 
because I was participating in a Committee hearing.
  I take my voting responsibility very seriously. Had I been present, I 
would have voted ``no'' on recorded vote No. 496.

                          ____________________



[Congressional Record: July 16, 2008 (House)]
[Page H6599-H6621]                      



 
          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2009

  The SPEAKER pro tempore. Pursuant to House Resolution 1343 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. 5959.

                              {time}  1313


                     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. 5959) to authorize appropriations for fiscal year 2009 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. Salazar in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. Pursuant to the rule, the bill is considered read the 
first time.
  The gentleman from Texas (Mr. Reyes) and the gentleman from Michigan 
(Mr. Hoekstra) each will control 30 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, intelligence is critical to every decision affecting 
America's national security. Whether the challenge is learning the 
intentions of our Nation's adversaries or detecting the location of the 
next roadside IED in Iraq, America needs a well-resourced and well-
managed intelligence community.

                              {time}  1315

  This committee's primary responsibilities are to authorize funds for 
the intelligence agencies, to conduct vigorous oversight over their 
operations and to ensure that those operations are effective, legal and 
an appropriate use of taxpayer money.
  Mr. Chairman, this afternoon I want to thank my colleague, Mr. 
Hoekstra, the gentleman from Michigan, for working with me in a 
bipartisan fashion to bring this bill to the floor. I also want to 
thank the staffs on both sides of the aisle for the great work that 
they have done to bring this bill to the floor today.
  This year, as in years past, I have gone to the front lines to see 
our courageous intelligence professionals perform their jobs. They do 
this quietly, often without recognition or praise. Many spend time away 
from their families, often in very dangerous situations and under very 
dangerous conditions. This bill is the tangible sign of our support for 
the women and men of our America's intelligence agencies.
  We're providing robust funding for our most important priorities 
including HUMINT, language capabilities and technical capabilities.
  Our principal concern continues to be that al Qaeda is stronger today 
than at any time since September 11, 2001. Osama bin Laden and his key 
deputies remain at large. But al Qaeda is not the only terrorist group 
that has gained strength. Over the past 7 years, Hezbollah and Hamas 
have become more capable and even more determined. Dangerous states, 
including Syria, are pursuing nuclear capabilities. There is the 
possibility that one of these states, or even a rogue scientist, could 
transfer fissile material to a terrorist group. This must remain our 
foremost priority and our top concern.
  This bill invests in people, our most precious resource. It adds 
funding to enhance human intelligence collection, not only for 
counterterrorism, but also for enduring and emerging global security 
issues, such as challenges that we face in Asia, Africa and Latin 
America, to name a few. This bill also contains a number of provisions 
that promote greater accountability, including the creation of a new 
Inspector General for the intelligence community.
  Our bill will improve language capabilities in the intelligence 
community by adding funding for speakers of critical languages and 
requiring reports to

[[Page H6600]]

Congress to evaluate progress in this perennial problem area. The bill 
also mandates implementation of security clearance reform to make it 
easier for first and second generation Americans, many of whom have 
critical language skills, to serve in the intelligence community with 
proper clearances.
  I mentioned earlier that one of the responsibilities of this 
committee is oversight. Yet this administration has repeatedly failed 
to comply with the National Security Act of 1947, which mandates that 
our committee be ``fully and currently informed'' of all the 
intelligence activities from the administration. This bill enhances 
congressional oversight by ensuring that the committee receives the 
information that it needs to perform its inherent oversight function.
  Working on a bipartisan basis, our committee adopted two provisions 
to enhance reporting on intelligence activities to the full membership 
of the congressional intelligence committees. One provision would 
restrict 75 percent of all covert action funds until the full 
membership of the intelligence committees is briefed on all covert 
actions in effect as of April 24, 2008. A second provision would 
restrict the administration's attempts to brief only the chairman and 
ranking member and clarifies which information must be reported to our 
full committee.
  This legislation also authorizes much of the requests for the 
foundational activities of the cybersecurity initiative, but it also 
expresses the committee's serious concerns about potential policy, 
implementation and governance issues. Our committee is also concerned 
that Congress does not have a comprehensive understanding of the 
magnitude of human and fiscal intelligence resources that have been 
devoted to Iraq, possibly at the expense of fighting the war on terror. 
H.R. 5959 requires a detailed report to our committee on this very 
topic.
  The bill also addresses a number of long-term technical challenges in 
the intelligence community. It does so by adding significant resources 
to modernize signals intelligence capabilities and integrate them into 
the global enterprise.
  Finally, Mr. Chairman, despite the size of the budget request, the 
administration did not include funds adequate to keep the U.S. 
intelligence community competitive in advanced technologies. Research 
and development funding is our Nation's investment in maintaining our 
edge in state of the art technologies. Our bill adds funds to four 
agencies specifically for that purpose. And the committee urges the 
executive branch to sustain, if not increase, this level of funding in 
future budgets.
  In our markup, Mr. Chairman, the committee adopted a number of 
amendments offered by both the majority and minority members. One of 
those important amendments, crafted with bipartisan cooperation, will 
prevent CIA contractors from engaging in interrogations unless the 
Director of National Intelligence provides a waiver.
  Our goal is to put this committee back in the authorization business 
by getting a bill to the President's desk that he can sign. To do that, 
we can't tackle every single important issue in this one bill. But if 
we fail to pass this bill, we risk eroding Congress' ability to 
strengthen and oversee intelligence operations that are vital to 
American national security.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HOEKSTRA. Mr. Chairman, I would like to yield myself as much time 
as I shall consume.
  Mr. Chairman, the annual Intelligence Authorization Act is one of the 
most important bills that the House passes each year. It provides and 
allocates resources critical to national security programs that are the 
front lines of America's defense and foreign policies and, most 
critically, work to detect, prevent and disrupt potential terrorist 
attacks against the American people. The bill is also essential to 
ensure close and effective congressional oversight of the intelligence 
community.
  There are issues that remain to be worked out as the legislative 
process continues. But I appreciate the work that Chairman Reyes has 
done to avoid many of the contentious items that have recently 
prevented the enactment of an intelligence authorization bill. And I 
appreciate that the bill reflects areas of consensus on critical 
national security issues.
  I believe that this bill is strong in two areas. First, it was 
significantly improved by seven Republican amendments that were adopted 
on a bipartisan basis to address what I believe are important issues in 
priorities facing the intelligence community. Among these, the 
committee adopted my amendment to remove all earmarks from the bill, a 
significant step forward. Our intelligence program should be based on 
only one primary consideration, what best ensures that the intelligence 
community is able to do its job in the interest of the national 
security of the United States.
  The committee adopted an amendment offered by my colleague from 
Michigan (Mr. Rogers) to limit the size and unintended bureaucratic 
growth of the Office of the DNI, the Director of National Intelligence. 
The bill also includes another amendment by Congressman Rogers to 
require a high-level strategic evaluation of the FBI's progress in 
transforming its FBI's intelligence capabilities. This process may not 
be moving forward fast enough to accomplish the needed changes and 
needs close attention.
  The bill is also strengthened by significant provisions to improve 
congressional oversight of the intelligence community and the executive 
branch which addressed issues I have repeatedly raised since serving as 
chairman of the committee. These include provisions to clarify that 
each member of the Intelligence Committee must be fully and currently 
briefed on current activities. Again, I'm pleased that we're able to 
take and improve this oversight on a bipartisan basis. Republicans and 
Democrats on the committee both believe that we need this information 
to be able to effectively do our job. Some work remains to be done to 
smooth this out. But we have taken the right steps to move this 
forward. I appreciate the chairman's work to develop this framework for 
this important reform.
  I understand and he understands that the executive branch may not 
like enhanced oversight and that they have expressed their concern 
about the provisions of the bill that strengthen the oversight process, 
including congressional notification, increased reporting and auditing. 
But there is no single current issue on which there is stronger 
bipartisan consensus on the committee than our concern that the 
administration is not fulfilling its statutory duty to keep each member 
of the committee fully and currently informed with respect to certain 
intelligence matters.
  In the past year alone, I joined with Chairman Reyes to call on the 
President to brief the members of the committee with respect to 
intelligence regarding the al Kibar facility in Syria. The full 
committee was not briefed until the day the information was 
subsequently disclosed to the public. The committee was briefed months 
too late, and we received the information after the media did. On 
another matter, the administration has refused to brief all members of 
the committee even though it has briefed five members of the committee 
staff. It is clear that reforms are necessary.
  In addition to these legislative provisions, I believe that the 
classified annex adequately supports our needs in important areas such 
as human intelligence collection and contains additional provisions to 
enhance oversight. While I may not agree with each of the specific 
authorizations, on balance the classified portion of the bill generally 
reflects consensus on the programmatic requirements needed to protect 
our national security.
  Despite these areas of consensus, I must point out that I have 
concerns with parts of the bill and the action of the Rules Committee 
not to make certain important amendments in order. I'm disappointed 
with certain provisions relating to national intelligence space 
systems. Certain levels of funding fall short, and the bill fails to 
stimulate a sense of urgency in overhead architecture and shortfalls. 
In certain areas, it mandates technical solutions without a complete 
analysis.
  I also have concern with what I believe is an unnecessarily complex 
and unwieldy provision to create a new Inspector General of the 
intelligence

[[Page H6601]]

community. While I support the enhancement of oversight for community-
wide issues, this provision would significantly duplicate existing 
efforts and further grow the size of the DNI bureaucracy. I hope that 
we can continue to improve the bill as it moves through the process. I 
also hope that we can work to address concerns that have been raised by 
the intelligence community with respect to section 425 of the bill 
concerning the use of contractors.
  Finally, I need to express my strong concern that the Rules Committee 
did not make in order an amendment I submitted that would prevent funds 
authorizing the bill from being used to transfer Guantanamo detainees 
to the United States. This provision should not be necessary. I believe 
that the public consensus that trained terrorists should not be brought 
into the American cities should be clear and overwhelming. However, 
there is a significant possibility that lawyers may try to argue that 
trained terrorist detainees should be released on American streets. 
This would be judicial activism at its worst, unsupported by either 
clear legal precedent or statutory authority. Congress must send a 
clear message immediately on this critical issue. We may have the 
opportunity to do that later today.
  On balance, this bill is a workable bill. It needs to be improved. 
And I look forward to seeing exactly how the amendments process moves 
forward through the day.
  I reserve the balance of my time.
  Mr. REYES. Mr. Chairman, it is now my pleasure to yield 2 minutes to 
the gentleman from Alabama (Mr. Cramer) who serves as chairman of our 
Subcommittee on Oversight and Investigations. May I add, Mr. Chairman, 
that on a personal note, I'm privileged and proud to have served with 
Mr. Cramer on the Intelligence Committee for about 8 years. This is his 
last authorization bill. He will be retiring at the end of this 
Congress. So I just wanted to thank the gentleman for his service and 
for his work. He has never stopped working up to the very end here in 
his last term.
  Thank you, Mr. Cramer, for your great work.
  Mr. CRAMER. Mr. Chairman, thank you for those kind words.
  I, too, have enjoyed almost every minute of service on this 
Intelligence Committee. I say to Mr. Hoekstra, as well, the years that 
we put in together trying to steer through post 9/11, the struggles of 
holding the agencies' feet to the fire but at the same time forcing 
them to change, to do things differently to protect this country in a 
more unified way, it has been extremely rewarding to see both sides 
come together.

                              {time}  1330

  I wanted to use my time today to say that I stand in strong support 
of H.R. 5959 because I think this edition of the intelligence 
authorization bill does the same thing, and that is it forces the 
agencies to be more efficient, it forces them to work together, and at 
the same time it is providing our men and women around this world the 
resources that they need to do an even better job of protecting us.
  I am particularly concerned about our access to space. It is in the 
national interest of the United States to have domestic capability for 
assured access to space. So as this bill proceeds forward, I hope we 
will make sure that while we are performing oversight and we are 
forcing the agencies to become more efficient, to consolidate what they 
do, that we don't throw the baby out with the bath water.
  I know my colleague from Alabama, Terry Everett, who is going to 
speak in a few minutes as well, has been particularly concerned about 
the access to space issue. My colleague, the gentleman from Alabama 
(Mr. Everett) is leaving the committee as well, so Alabama loses one on 
each side after this Congress.
  Mr. Everett, I want to say that the people of Alabama and the people 
of this country are proud of your career here in the United States 
Congress. We are proud in north Alabama of our partnership with you. 
And as I have watched you through the committee process bring the 
access to space issues to the forefront, this country is a better place 
because of your service here.
  I also want to thank my colleagues. We work hard in cramped, 
windowless rooms to make sure that the agencies answer the questions 
that we want our constituents to have answered. They come sometimes to 
the committee kicking and screaming, but I am proud of the work you do.
  Mr. HOEKSTRA. Mr. Chairman, I would like to extend my congratulations 
to Mr. Cramer on his retirement. We are going to miss you in the 
committee, Mr. Cramer. Alabama is going to lose two great Members of 
Congress, two members who have helped make the Intelligence Committee a 
better committee, who have studied the issues. We will miss you and 
wish you well, but I am sure we will see you again. Thank you for the 
work and effort you have put on the committee.
  My colleague, the gentleman from Alabama (Mr. Everett) is also going 
to be leaving. I am not sure what the folks in Alabama have put in the 
water this year, but they are drinking the same thing and have decided 
to retire. Again, Mr. Everett has also contributed a tremendous amount 
of time, energy and effort in learning the issues of the Intelligence 
Committee and making sure that the work we do on the committee is a 
bipartisan effort, coordinated with the efforts in the Armed Services 
Committee to make sure that the Intelligence Committee and the Armed 
Services Committee are moving in the same direction and doing the 
things that are necessary to keep America safe.
  At this time I would like to yield 2 minutes to the gentleman from 
Alabama (Mr. Everett).
  Mr. EVERETT. Mr. Chairman, I thank Mr. Hoekstra and Mr. Cramer. I can 
assure the American people that knowing the members on both sides of 
the aisle who serve on the Intelligence Committee and the staff who 
supports them, even though two Alabamians are leaving, the Nation will 
still be safe and in good hands.
  I do rise in support of the Fiscal Year 2009 Intelligence 
Authorization Act. The process for this year's bill was much improved 
over last year; so for that, I thank my friend and chairman, Silvestre 
Reyes, and our ranking member, Mr. Hoekstra. It has been 3 years since 
we have had an intelligence authorization bill, and that has created a 
void in many important policy areas and in programmatic guidance for 
the intelligence community.
  It is critical that we get a bill passed through the House and Senate 
that can be signed by the President, and I hope that can be 
accomplished before we adjourn this year.
  I have a number of concerns about the bill, some of which have been 
detailed in the minority views of the committee report, but I would 
like to focus on a few of the joint programs that have military 
application as well.
  With regard to the national security space systems, the bill falls 
short of fully addressing problems in our overhead architecture. As the 
report notes, ``National security space systems have been and will 
continue to be a cornerstone of the Nation's intelligence collection 
capability.''
  As Mr. Hoekstra pointed out, critical national security space systems 
are not properly funded in conjunction with a complete programmatic 
analysis that shows a way forward. This can be addressed and hopefully 
will be addressed in conference with the Senate.
  As I wind down my career in Congress, this will be my last 
intelligence authorization work. The work we do here is fascinating and 
important to our national security, and I am pleased to have been a 
part of this for the past 6 years. As one of the crossover members from 
the House Armed Services Committee, I want to reiterate----
  The CHAIRMAN. The gentleman's time has expired.
  Mr. HOEKSTRA. I yield my colleague an additional minute.
  Mr. EVERETT. I want to reiterate the importance of having members 
serve simultaneously on both committees. It is especially important to 
have a member of the Strategic Forces Subcommittee serve on HPSCI in 
order to maintain a clear understanding of how the shared military and 
intelligence overhead programs operate so that the right hand, Mr. 
Chairman, knows what the left hand is doing.
  I say again I appreciate having served over the years with the 
members of the committee. I urge my colleagues to support this bill. It 
is not

[[Page H6602]]

perfect, but it is a very good bill and it needs passing.
  Mr. REYES. Mr. Chairman, before recognizing a very senior and valued 
member of our committee, I wanted to wish my good friend and former 
chairman of the Strategic Forces Subcommittee on Armed Forces well on 
his retirement. I have had the privilege of working with Mr. Everett 
since I have been in Congress on Armed Services and also on 
Intelligence. I know how much he cares about the issues that affect our 
national security, and so I want to wish him well in his retirement as 
well.
  Good luck, Terry.
  Mr. Chairman, I yield 3 minutes to the gentlewoman from California 
(Ms. Eshoo), a senior member of our committee, who serves as the 
chairwoman of our Subcommittee on Intelligence Community Management.
  Ms. ESHOO. Mr. Chairman, I want to salute the chairman of our 
committee for his superb leadership and caring so much about not only 
the issues of intelligence but everyone that is a part of the 
intelligence community. I want to thank all of the marvelous staff on 
the majority and minority side, and I salute the ranking member of the 
committee as well.
  This is a tough committee to serve on. People don't know what we are 
talking about. We do it in secret. We really can't talk to our 
colleagues very much about it. And yet we make some of the weightiest 
decisions that any Members of Congress would make because we deal with 
what is the most important issue, and that is our national security, 
the protection of the American people and giving the intelligence 
community, making the choices to give the intelligence community all 
the tools it needs in order to function and protect the American people 
and that we weigh and balance and always know that we are working under 
the Constitution of the United States of America. So this is really 
where the rubber meets the road.
  I support the bill. Just like all of the other bills we deal with, 
there are pluses and minuses. I am very pleased that there are no 
earmarks in this bill. That is the first time since I came onto the 
committee that that is the case. I am very glad that 75 percent of the 
dollars for covert action have been fenced. In other words, no 
notification from the administration and from the intelligence 
community, no money. And that's the way it should be because the 
American people expect us to verify. They expect us to know and then we 
can take action. We have to do oversight.
  For the first time in the history of our country, we have brought 
together a National Intelligence Assessment on global climate change 
and the effect it will have on national security. I am very proud of 
the work we have been able to do on that.
  For the first time there will be an inspector general in the 
intelligence community; and the administration, believe it or not, is 
still fighting that. Imagine having an inspector general, independent 
oversight of the intelligence community. I think that's a darn good 
idea and I hope it will prevail and that the President changes his mind 
on this.
  We still have a lot of work to do to have more human intelligence in 
countries where we need them. We have a lot of work to do on black 
prison sites, the operation of them by the CIA and renditions. But with 
that, Mr. Chairman, I want to commend especially Congressman Bud Cramer 
for the magnificent, honest work he has done on the Intelligence 
Committee and here in the Congress and wish him well, and Mr. Everett, 
too.
  I ask my colleagues to support the bill. It has good things and it 
has some other things that are missing. But overall, I think it is a 
bill worth supporting.
  Mr. HOEKSTRA. Mr. Chairman, at this time I would like to yield 3 
minutes to the gentleman from Texas (Mr. Thornberry), a member of the 
committee.
  Mr. THORNBERRY. Mr. Chairman, I want to thank the ranking member for 
yielding.
  Mr. Chairman, this is not the intelligence authorization bill that I 
would have written exactly, but I think it is important to start out by 
thanking the chairman and the ranking member for taking some risk to 
have a bipartisan bill that can have support from both sides of the 
aisle. That is unfortunately fairly rare in this Chamber to be able to 
work together on something that is important, especially in national 
security, and yet that has happened here.
  Intelligence is very important for our country's security. In many 
ways it is the first line of defense. Certainly all our other national 
security efforts depend upon intelligence. And so working together in a 
bipartisan way, even being willing to take some risks to have a bill 
with bipartisan support, means we can't have everything we want, but we 
will work together in order to move this bill forward.
  Secondly, I think it is important to acknowledge the enormous 
influence of three retiring Members, three Members retiring from 
Congress after this Congress: the gentlewoman from New Mexico (Mrs. 
Wilson) whose personal military background, intelligence, and nature of 
her district has made her a leader on many issues, especially in the 
area of technical collection; the gentleman from Alabama (Mr. Everett) 
with whom I serve on the Armed Services Committee, and we have worked 
on many issues, but no one is as knowledgeable and passionate about the 
issue of space and space policy as the gentleman from Alabama; and then 
the other gentleman from Alabama (Mr. Cramer), he and I were partners 
in the last Congress when for the first time this Congress stood up an 
oversight subcommittee just also as we were beginning to implement the 
Intelligence Reform Act. The gentleman from Alabama (Mr. Cramer) is one 
of those fairly rare Members who always asks what is in the best 
interest of the country first, and it will be a significant loss to 
this Congress and to the country upon his retirement.
  Mr. Chairman, there are a number of commonsense reforms in this bill 
that may not make headlines. One of the issues Mr. Cramer and I have 
worked on, for example, in the past is how can we measure improvement 
in intelligence, for example, in foreign language capability. There are 
some specific provisions in this bill which do help us have specific 
measurements so we can tell whether we are increasing our capability, 
not just as far as numbers of people but in their fluency in specific 
languages. That is absolutely critical for the purpose of intelligence. 
And yet even for something like that, it is hard for any of us to 
measure whether we are making the improvements that need to be made.
  Making sure that any administration gives this committee the 
information we deserve to do our job is a challenge. This bill deserves 
support.
  Mr. REYES. Mr. Chairman, it is now my privilege to yield 2 minutes to 
the gentleman from Maryland (Mr. Ruppersberger) who serves as the 
chairman of our Subcommittee on Technical and Tactical Intelligence and 
who proudly represents NSA which is in his district.
  Mr. RUPPERSBERGER. Mr. Chairman, I rise today to support H.R. 5959. I 
would first like to thank Chairman Reyes and Ranking Member Hoekstra 
for their leadership in helping us put together a good bipartisan bill. 
I also am going to miss Bud Cramer, Terry Everett, and Heather Wilson. 
We have all worked well together on this committee. You will be missed.
  I ask my colleagues to vote for this bill because it supports the men 
and women who work within the intelligence community. The National 
Security Agency, the NSA, is headquartered in my district. I personally 
know that NSA's employees work very hard to ensure our Nation's 
security.

                              {time}  1345

  We must continue to invest in the people and resources necessary to 
make our intelligence community effective. Intelligence is the best 
defense against terrorism.
  This bill advances the Cybersecurity Initiative to protect our 
computer networks, a very important issue that we will be dealing with 
in the future, cybersecurity attacks. We know now that certain 
countries are attacking the United States of America through the 
Internet.
  Two, it increases research and development so that we can maintain 
our technical advantage; and, three, invests in both satellite and 
airborne collection and in the systems needed to

[[Page H6603]]

process, exploit and distribute this data.
  The intelligence community faces enduring technical challenges, but 
this bill provides our people, who are our most important asset, with 
the tools they need to do their jobs well. In order to protect our 
country from threats from countries such as China and Russia, we must 
continue to invest heavily in science and technology.
  This bill lays the foundation for the future and communicates areas 
of concern to current intelligence leaders and the next Presidential 
administration.
  I urge my colleagues to support this bill and the important work of 
the intelligence community.
  Mr. HOEKSTRA. Mr. Chairman, at this time I would like to yield 3 
minutes to my colleague from the State of Michigan (Mr. Rogers) who was 
successful in the committee in passing two important amendments to 
improve this bill.
  Mr. ROGERS of Michigan. I thank the gentleman from Michigan.
  Mr. Chairman, thank you very, very much for working in such a 
bipartisan way. I often think after some of our most spirited meetings 
in the Intelligence Committee, where we have passionate, civil debates, 
how proud, really, America would be that all of us on both sides of the 
aisle give all of ourselves to the right outcome on these bills. I want 
to thank you for allowing that debate to happen in committee.
  To Mr. Thompson, I have enjoyed working with you on the committee, 
and I think we have done some great things in a bipartisan way.
  Mr. Chairman, this is one of those bills that while I think both 
sides probably would have had a few things different, but because we 
committed ourselves to put the country first and bipartisanship as our 
final goal and what works for America, you have a package here that I 
think sends a great message to the most important group that this bill 
will impact, and that's the men and women who risk their lives every 
single day trying to make sure we have the best intelligence to our war 
fighters, to our police officers, and to keep this country safe. For 
all of that, to the staffs on both sides, thank you very much.
  I want to bring your attention to two particular issues. There are a 
lot of great things in here to think about.
  One is the FBI policy. Thank you again for working with us on what I 
think is a growing problem with the Federal Bureau of Investigation, 
and this, I think, was the first signal we need to get a handle on it. 
The FBI implemented an ``up or out'' policy for its supervisors that 
was supposed to allow new people in and promote the supervisory special 
agents, people who had over years developed a Rolodex where they could 
call the local police chiefs, work with the local community, get to 
know and understand and gain the trust of these local communities.
  We have hustled them out after 5 years. They may be the best 
performing supervisory agents the Bureau has ever had, but when the 
clock runs out, you're done.
  In that policy, we have lost half. Almost 290 supervisory special 
agents have left management in the FBI, retired, stepped down, quit, 
whatever they have decided to do that wasn't in their interest or their 
family's interest, because of this policy.
  I can think of no policy that discriminates against half of your 
management that we would call successful at a time where we need 
experience to guide these new agents, which are about half of them, by 
the way, are fairly new, I think under 5 years or 7 years, something 
like that. We have tried to work with the Director and say this is the 
wrong approach, this is a punishment approach. You have great men and 
women committing themselves to these careers, dedicating themselves to 
these supervisory positions. We need to reward them, not punish them.
  We have tried to set up a housing policy to entice them. Three years, 
longer than 3 years, even after the agreement from the Director, we 
have been working on this to no avail. It has gone nowhere. Instead, 
they continue to say this is a policy that works.
  They are separating themselves from the field, and it's dangerous. 
Over the last 2 weeks I bet I have talked to a dozen agents, some in 
supervisory roles, others who are not, who are impacted by their 
supervisors either leaving or new ones being hired, 12 agents, 100 
percent unanimity. This is a bad and dangerous plan for the future of 
the FBI.
  The CHAIRMAN. The time of the gentleman has expired.
  Mr. HOEKSTRA. I yield an additional minute to my colleague.
  Mr. ROGERS of Michigan. I think that this is an issue that we have to 
even pay more attention to. This is an important step to regain the 
confidence of the FBI and its leadership. It has to happen. Thanks for 
your leadership on it.
  Lastly, I just want to talk about the DNI, the Director of National 
Intelligence. I have worked with Mr. Thompson on this. We have spent a 
lot of time understanding this. Our concerns are real, and the 
intelligence community concerns are real.
  We created this new organization. Its job was to coordinate, not be 
operational. We have found that it goes well beyond mission creep, and 
it is in mission grasp. It is bloated, it's too big, and it became an 
agency not that supported the decision and calculations of the field, 
but became supported by the field.
  It's a dangerous development in intelligence. I appreciate working 
with you. I know we have a lot more work to do. Congratulations to all 
on a bill that will, I think and believe, keep America safer.
  Mr. REYES. Mr. Chairman, I now yield 3 minutes to the chairman of the 
Terrorism, Human Intelligence Analysis and Counterintelligence 
Subcommittee, the gentleman from California (Mr. Thompson).
  Mr. THOMPSON of California. I want to thank both Chairman Reyes and 
Ranking Member Hoekstra for their leadership and making sure we had a 
good bipartisan bill that benefits the people of this great country, 
the staff that worked so hard to make this happen on both sides of the 
aisle, and, in particular, the ranking member of my subcommittee, Mr. 
Rogers, for working together to make this a good bill.
  Human intelligence, or HUMINT, is one of the most difficult but 
effective means of understanding our adversaries' plans and intentions. 
This bill adds funds improve HUMINT collection on counterterrorism and 
other critical national security challenges. It also adds HUMINT 
resources for global challenges, such as the political and humanitarian 
crisis in Asia, Africa and Latin America. The events unfolding in those 
regions demonstrate that we must always have the resources to 
understand these threats.
  The information we collect, however, is only useful if analysts 
translate it into actionable intelligence for policymakers and law 
enforcement. For that reason, this bill provides resources to improve 
intelligence analysis across the entire intelligence community. It also 
authorizes additional personnel to support State and local law 
enforcement so they can better address the challenges of border 
security, counterterrorism and infrastructure protection.
  And the bill also calls for fiscal restraint. As Mr. Rogers 
mentioned, since its creation in 2004, the Office of the Director of 
National Intelligence has grown into a bloated bureaucracy that 
hinders, rather than facilitates, intelligence complexes and analysis. 
This bill adds an amendment that Mr. Rogers and I introduced in 
committee that prevents further growth in the Office of the Director of 
National Intelligence.
  Finally, Mr. Chairman, this legislation provides critical 
intelligence resources for our troops and strengthens oversight of 
intelligence support to the military. Many of us have visited our 
troops in Iraq, and we have seen firsthand that good intelligence saves 
American lives on the battlefield.
  This bill will greatly improve our intelligence capabilities and 
enhance our national security. I urge all my colleagues to support it.
  In closing, I too want to add my name to those who are very 
appreciative and thankful for our friends, Mr. Everett and Mr. Cramer, 
who did a great job on the committee. They were a pleasure to work for, 
they are fine Americans, and we are going to miss them.
  Mr. HOEKSTRA. Mr. Chairman, at this time I would like to yield 3 
minutes to another member of the committee, Mr. McHugh from New York.

[[Page H6604]]

  Mr. McHUGH. I thank the gentleman for yielding.
  We have heard, I would say to my colleagues repeatedly today, this is 
not a perfect bill. We also should hear that shouldn't be a surprise. 
Rarely on the House floor here have perfect bills been delivered. 
Rather, as I think the Founding Fathers would have intended, we see a 
work in progress.
  This is a bill that started off at a certain place, that came through 
the committee process, and although I may be somewhat prejudiced, I 
firmly believe has been far improved from that starting point through 
that committee process. There have been some seven amendments that I 
think have upgraded it and have put us on the right path.
  I want to say Mr. Chairman, I have enormous respect, enormous 
affection for both the distinguished chairman from the great State of 
Texas, my good friend, Silvestre Reyes, as well as the gentleman from 
Michigan, the distinguished ranking member, who have gone so far in 
working together to make such a difference. There are far, far fewer 
bills that reach this House floor that are more important in this day 
and age for the safety and for the security of the American people.
  I have to tell you I share the distinguished ranking member's 
concerns about the failures of this administration to adequately 
inform, to adequately brief all the Members on both sides of the aisle, 
not just so-called leadership, but all the Members, as to the ongoing 
activities with respect to our intelligence systems throughout this 
world.
  I think that the American people need to be assured that as we go 
forward in these very dangerous and uncertain times that there are 
certain individuals in this House that have, as the law intends, the 
opportunity to be fully informed and make sound judgments about what is 
appropriate and what is not.
  Frankly, as a member of this committee, I am somewhat frustrated by 
the lack of total input, the lack of total briefing that has occurred 
from the administration side, and I look forward to a better day.
  I think tomorrow can help us to further improve this bill. We have 
the opportunity now, through the conference process, to continue to 
improve upon it, to continue to make sure that the end product that we 
send to the other end of Pennsylvania Avenue, to the President, is a 
good bill, a bill that in these very challenging moments of our lives 
ensures the American people have the best possible, the most well-
resourced, and the most responsible intelligence activities we can 
possibly have.
  This is a very appropriate start. It deserves our support, and I urge 
all my colleagues to support this bill.
  Mr. REYES. Mr. Chairman, I now yield 2 minutes to the gentleman from 
New Jersey, my colleague, Mr. Rush Holt, who also serves as the 
chairman of the Select Intelligence Oversight Panel.
  Mr. HOLT. I thank the Chair, and I rise in support of the bill.
  The work in the Intelligence Committee is some of the most difficult 
work that goes on here in the House, behind closed doors, necessarily 
with little public input, but we are blessed with a good staff and a 
good chairman. We never forget that our work is about people, about the 
safety of the American people and about the hardworking, brave people 
of the intelligence community.
  H.R. 5959 contains some useful provisions that are designed to 
strengthen congressional oversight. Among these is a fence of 75 
percent of covert action funds, fenced until each member of the House 
and Senate intelligence committees has been fully briefed.
  I think it would be sufficient to say that this administration has 
taken a cavalier attitude toward its legal obligations to keep the 
committees fully and currently informed.
  This bill would require the CIA Inspector General to conduct audits 
of all covert action programs regularly. It would increase critical 
research and development activities and improve foreign language 
capabilities. It would prohibit the use of contractors for CIA detainee 
interrogations.
  It would clarify what ``fully and currently informed'' in the law 
means for briefing Congress so that all information necessary for 
Congress would be provided, and it explicitly requires that all 
committee members be notified in general, not just selected members.
  It requires guidelines for the implementation of a multilevel 
security clearance to increase linguistic and cultural expertise. It 
would require reports on the use of contractors, on workforce 
diversity, on foreign language proficiency, on the protection of 
intelligence officers' identities.
  There are a number of good features. This is a good bill that 
strengthens our oversight of the intelligence community. We do have a 
long way to go to provide the kind of oversight needed after many years 
when the intelligence community got almost every wish, billions of 
dollars with insufficient justification.
  I do support the bill and urge that my colleagues do as well.

                              {time}  1400

  Mr. HOEKSTRA. Mr. Chairman, at this point in time, I have no other 
speakers so I shall reserve the balance of my time.
  Mr. REYES. Mr. Chairman, I now yield 2 minutes to the distinguished 
gentlewoman from Illinois (Ms. Schakowsky).
  Ms. SCHAKOWSKY. Mr. Chairman, as you know, bringing accountability 
and transparency to contracting has been a priority of mine, and I have 
worked to ensure that companies that we award contracts to are held 
responsible for any abuses. I believe we must make certain that the 
intelligence community is not using U.S. taxpayer dollars to enter into 
or renew contracts with companies that may be engaging in serious 
abuses of law and violence toward civilians and whose actions go 
unpunished.
  Around the world our country is contracting with private companies 
that employ individuals who do not wear the badge of the United States 
but whose behavior has, on numerous occasions, severely damaged the 
credibility and security of our military and harmed our relationship 
with other governments. Perhaps the most egregious example came on 
September 16, 2007, when private security contractors employed by 
Blackwater Worldwide killed 17 civilians and wounded many more in 
downtown Baghdad. No one has been held accountable for this.
  At a minimum, we need a more transparent process to hold private 
contractors accountable and more information in order to understand 
their impact on our Intelligence Community, our armed forces and our 
larger objectives.
  I thank the chairman for including language prohibiting the use of 
contractors for interrogation, as well as a provision requiring a 
comprehensive report on the use of contractors in the intelligence 
community.
  If I may ask the chairman in a brief colloquy if the chairman will 
work with me to include additional language in the conference report 
calling for a report that examines the extent of criminal activity 
among intelligence community contractors and assesses the effects of 
hiring contracting companies that are responsible for serious legal 
violations.
  Mr. REYES. Will the gentlewoman yield?
  Ms. SCHAKOWSKY. Yes.
  Mr. REYES. The answer is yes. I will be happy to work with you in 
conference.
  Ms. SCHAKOWSKY. Well, thank you, Mr. Chairman. And I am happy to 
support this legislation.
  Mr. HOEKSTRA. At this time I would like to continue to reserve the 
balance of my time.
  Mr. REYES. Mr. Chairman, can I inquire as to the time on both sides.
  The CHAIRMAN. The gentleman from Texas has 7\1/2\ minutes, and the 
gentleman from Michigan has 10 minutes.
  Mr. REYES. And can I inquire of my colleague if he has any additional 
speakers.
  Mr. HOEKSTRA. I am probably the only speaker left. I will close at 
the appropriate time.
  Mr. REYES. Then I will be pleased to recognize a hardworking member 
of our committee, the gentleman from Rhode Island (Mr. Langevin), for 2 
minutes.
  (Mr. LANGEVIN asked and was given permission to revise and extend his 
remarks.)

[[Page H6605]]

  Mr. LANGEVIN. I thank the chairman for yielding, and I want to 
commend the chairman and the ranking member on their hard work on this 
bill, particularly staff, who also has worked hard on this legislation.
  I rise today in strong support of H.R. 5959, the Intelligence 
Authorization Act for Fiscal Year 2009.
  While the bill contains a number of important provisions to 
strengthen our intelligence community and enhance national security 
that many of my colleagues have already been speaking about, I am 
particularly pleased that it represents a reasonable and measured 
response to the administration's cybersecurity initiative.
  Now, this bill, the cybersecurity initiative, is the administration's 
response to the cybersecurity threats facing the Nation. And although 
the administration has been slow in recognizing this threat, I believe 
the cyber initiative is a move in the right direction, but requires 
careful scrutiny.
  Now, this bill reduces funding in selected areas where it is not 
adequately justified. However, recognizing that cybersecurity is a real 
and growing threat that the Federal Government has been slow in 
addressing, the Intelligence Committee has authorized more than 90 
percent of the administration's requests.
  At the same time, the bill clearly demonstrates that the committee 
does not intend to write the administration a blank check for the 
cybersecurity initiative, which is a multi-year, multi-billion dollar 
project.
  Now, we need a thorough assessment of the technical feasibility and 
scalability of the initiative and a careful balance between 
cybersecurity and privacy protections. Thus, the bill envisions an 
advisory panel of senior representatives of Congress, the Executive 
Branch and industry who can tackle these issues.
  I was co-chair of the CSIS Commission on Cybersecurity for the 44th 
Presidency, basically a commission that will present a blueprint on 
cybersecurity for the next President. I have been deeply involved in 
developing recommendations for a national cybersecurity plan that 
protects, among other things, our critical infrastructure assets and 
infrastructure itself, as well as Federal networks and also the private 
sector.
  Furthermore, as a member of the House Intelligence Committee, and as 
chairman of the Homeland Security Subcommittee on Emerging Threats, 
Cybersecurity and Science Technology, I will continue to ensure and 
exercise rigorous congressional oversight over this issue as it 
evolves.
  The measure before us is an important first step in addressing our 
cybersecurity threats and closing that vulnerability and it is, 
obviously, a critical national security issue. And I urge my colleagues 
to support passage of this bill.
  Again, I commend Chairman Reyes for his leadership, and also thank 
staff for the great work they have done on this bill today.
  Mr. HOEKSTRA. I continue to reserve.
  Mr. REYES. Mr. Chairman, it is now my privilege to yield 3 minutes to 
the gentleman from California (Mr. Schiff).
  Mr. SCHIFF. I thank the chairman for yielding, and rise in support of 
H.R. 5959.
  I want to congratulate our chairman, Mr. Reyes and his staff for 
putting the bill together. In particular, I am proud that this bill 
authorizes the funding that our intelligence community needs to help 
prevent terrorists from attacking the United States with a nuclear 
device.
  A nuclear terrorist attack on the United States or on our troops in 
the field is the greatest national security threat facing our country. 
While part of this fight occurs at our borders, the intelligence 
community is the tip of the spear, at the forefront of our efforts to 
prevent a nuclear terror attack. The many analysts and officers of the 
intelligence community ensure that we know as much as possible, not 
only about the terrorists who would attack us with a nuclear device or 
a radiological disease, but also about those who may sell fissile 
material that they seek. This bill supports our men and women in the 
intelligence community as they attempt to ensure that nuclear material 
stays out of the wrong hands.
  It is much easier to prevent terrorists from getting a hold of 
nuclear material than prevent them from getting nuclear material or a 
nuclear device into the country. Our country is large, our borders are 
porous, and we have to stop the access of people who mean us ill from 
gaining nuclear material.
  The bill protects Americans against nuclear terrorism by funding the 
Nuclear Materials Information Program as well, a Department of Energy-
led effort to understand how much nuclear material is stored worldwide, 
what the security is at these sites, the signatures of this material, 
also a key ingredient of our nuclear forensics efforts.
  But there is more that we still must do. H.R. 1, signed into law by 
the President almost a year ago created the position of the United 
States Coordinator for the Prevention of Weapons of Mass Destruction, 
Proliferation and Terrorism. We must have an individual, a single 
person who can marshal all the resources and expertise to prevent the 
most horrific attack imaginable. However, no one has been appointed to 
this post. It remains vacant. I urge the President to fill this 
position as soon as possible.
  Nuclear terrorism is the preeminent threat of our time, and all 
efforts have to be made to mitigate that threat. What we need to do is 
imagine what a post-nuclear 9/11 Commission report would look like, 
what would its recommendations be? And we have to implement those 
recommendations now; not wait until there is a calamity.
  I am proud that this legislation addresses the threat by authorizing 
the resources our intelligence community needs to meet that threat.
  And again, I want to thank you, Chairman Reyes, for your leadership, 
and urge all of the Members to support the bill.
  Mr. HOEKSTRA. Mr. Chairman, I would like to just inquire of the 
chairman of the committee, you are prepared to close as well?
  Mr. REYES. That was our last speaker. I am prepared to close.
  Mr. HOEKSTRA. Thank you. I will yield myself the balance of our time.
  I am looking forward to, and I am glad that we have had such a 
collegial discussion about the bill, the process that we have gone 
through in the committee, to get to the point that we are.
  Obviously, we are going to go through a process of trying to improve 
this bill while we are here on the floor today. I can look forward to 
going through that process. I look forward to hopefully passing an 
improved bill out of the floor, and then look forward to going to 
conference and hope that we can continue this same kind of partnership 
in trying to get, not only a bill through the House, but getting it 
through a conference process and getting a bill to the President that 
the President will sign.
  It is important that the Intelligence Committees, that the House and 
the Senate, put their imprint on the intelligence community. We haven't 
been able to do that for 3 years. It is important that we do it and 
that we do it at this time. The intelligence community needs the kind 
of direction and the parameters that we have established in this bill, 
to ensure that Congress can do its work, but also that the intelligence 
community can do its work within a framework that has been established 
by the Congress.
  With that, Mr. Chairman, I yield back the balance of my time.
  Mr. REYES. Mr. Chairman, I now yield myself the remainder of our 
time.
  Mr. Chairman, again, I want to say how much I appreciate the 
cooperation and the work that the ranking member has done to bring this 
bill to the floor. I want to thank staffs on both sides in particular. 
I want to thank my Staff Director, Mike Delaney, my Deputy Staff 
Director and General Counsel, Wyndee Parker, and Chief Counsel, Jeremy 
Bash, for the great work that they have done.
  And I also want to thank our Vice Chair of the committee, Congressman 
Leonard Boswell, who, unfortunately, was unable to accompany us here 
today because he is recuperating in the hospital. All of us wish him 
well and we want to see him back as soon as possible. He is a hard 
worker and contributes a lot to our committee.
  And I also want to say that this is a good, solid bill. This is the 
kind of effort that our men and women in the intelligence community 
serving us proudly throughout the world deserve.

[[Page H6606]]

Each and every one of them gives their best effort, and they deserve 
the respect and the support of every Member of this body and everyone 
in this country. We thank them for the effort that they put forward, 
and we appreciate the commitment, the dedication and their 
professionalism, as well as the sacrifices that their families provide 
for our great country.
  With that, Mr. Chairman, I want to say that it has been a privilege 
to lead this committee. We have great Members on both sides that care 
very much about our national security and work very hard on all the 
issues that are important to our country and our national security.
  Mr. KUCINICH. Mr. Chairman, I want to thank all of those who serve 
our country through the gathering of intelligence for the protection of 
the American people. I appreciate their dedication and their attention 
to the gathering facts for deliberations related to our national 
security.
  Regrettably, the current administration has destroyed the credibility 
of the Intelligence Community through the fabrication of intelligence. 
The Bush administration continues a relentless pursuit of a self-
serving agenda rather than an agenda that serves the best interests of 
the American people.
  No single example can more clearly illustrate this point than the 
administration's falsification and cherry-picking of intelligence to 
build a phony case for the war in Iraq. Through the manipulation of 
intelligence, the administration sold a war to the American public 
based on false statements that included a connection between Iraq and 
al Qaeda, Iraq and 9/11, as well as false claims that Iraq had weapons 
of mass destruction and intentions to attack the U.S.
  As long as President Bush remains in office the intelligence budget 
will continue to be at risk for being used to support subversive 
intelligence and provide license to the administration to engage in 
criminal activity by shaping intelligence to fit corrupt policies.
  Under the Bush administration there have emerged several high-profile 
classified leaks to the media that have reemphasized the need for 
reform within our intelligence agencies. From these media leaks, we not 
only became aware of the efforts to manipulate intelligence and to 
falsify a cause for war against Iraq but we also became aware of the 
illegal NSA domestic wiretapping program without a court order. We 
became aware of the rumored CIA detention centers in Eastern Europe, 
and the CIA's extraordinary rendition program, used to transport 
suspects to other nations with less restrictive torture policies. It is 
regrettable that intelligence is often reshaped to fit doctrine instead 
of doctrine being reshaped in the face of the facts of intelligence.
  Furthermore, this bill will not stop unilateral covert U.S. 
intelligence operations aimed at bringing about regime change in Iran. 
As reported in a recent article in The New Yorker, the Bush 
administration is already engaged in collecting covert intelligence on 
Iran's alleged nuclear weapons program instead of engaging Iran in 
high-level diplomatic negotiations without preconditions. The 
administration has made clear their thirst for a war with Iran. The 
opportunity for unscrupulous tactics by this administration with 
respect to Iran clearly exists as long as this body stands idly by.
  I strongly oppose this bill.
  Mr. PRICE of North Carolina. Mr. Chairman, I rise in support of H.R. 
5959, the Fiscal Year 2009 Intelligence Authorization Act, and the 
important measures to strengthen oversight and accountability of 
contractors that the bill includes.
  I want to first thank Intelligence Committee Chairman Silvestro Reyes 
for his leadership in crafting this bill. Chairman Reyes very 
graciously worked with me to include in this bill major portions of 
legislation I recently introduced along with Representative Jan 
Schakowsky, H.R. 5973, the Transparency and Accountability in 
Intelligence Contracting Act.
  For the last several years, I have been working to correct a serious 
lack of attention to the management and oversight of contractors in the 
Intelligence Community. Press reports indicate that roughly half of the 
Intelligence Community's budget is now contracted out, yet there is 
little understanding of where the money goes, what kinds of activities 
contractors are performing, whether this contracting saves taxpayer 
money, and whether the contracted activities are appropriate for 
private corporations to perform. Additionally, accountability for 
misconduct by contractors has been seriously deficient.
  This rush to outsource sensitive government functions has placed 
private contractors at the center of some of the most significant 
national controversies in recent years. Contractors have been accused 
of torturing or abusing foreign detainees, including the practice of 
waterboarding high-level suspects. Contractors have participated in 
warrantless electronic surveillance and data-mining programs targeting 
U.S. citizens. Contractors have been deeply involved in the analysis of 
critical intelligence on Iraq and al Qaeda, including, reportedly, the 
preparation of the President's Daily Brief on intelligence matters.
  Contractors may very well have a place in the Intelligence Community, 
but their role must be carefully considered, thoroughly managed, and 
strenuously overseen. A national conversation about the appropriate use 
of contractors in our national security apparatus is long overdue. This 
is a conversation the Administration skipped over as it was 
implementing this major shift in the way we conduct intelligence 
operations, but for the sake of the integrity of our national defense, 
we must collectively scrutinize this practice and set clear boundaries.
  H.R. 5959 begins to put Intelligence Community contracting back on a 
rational and stable footing. It incorporates a number of provisions for 
which I have advocated. Let me highlight just a few examples.
  First, the legislation would explicitly prohibit the use of 
contractors for the performance of interrogations. Interrogations 
should be carried out by individuals who are well-trained, fall within 
a clear chain of command, and have a sworn loyalty to the United 
States--not by corporate, for-profit contractors. Given how delicate 
such interrogations are, and how critical the intelligence they obtain 
might be, I believe that drawing this red line is a commonsense step 
with which all members should agree.
  The House passed a similar restriction on Defense Department 
contractors as part of the Defense Authorization bill in May. This bill 
would appropriately extend that limit to intelligence contractors 
outside the DoD.
  Second, the bill would require an assessment of the number and cost 
of contractors employed by the intelligence community, the types of 
activities being performed by contractors, an analysis of cost savings, 
and a description of mechanisms available for ensuring oversight and 
accountability. This assessment will give Congress the data we need to 
ascertain whether the use of contractors for certain activities is 
beneficial and what reforms may be needed.
  Third, the bill would require the Director of National Intelligence 
to assess the appropriateness of using contractors for especially 
sensitive activities, including intelligence collection, intelligence 
analysis, interrogation, detention, and rendition. It will also require 
information on how many contractors are currently employed in the 
performance of these activities. Giving the head of the intelligence 
community the chance to explain the reasoning behind this widespread 
contracting will allow the Congress to carefully weigh the appropriate 
limits for intelligence outsourcing.
  These provisions are not overly prescriptive or restrictive. We fully 
recognize that the intelligence community needs flexibility and agility 
to be able to obtain and deliver to decision-makers accurate and timely 
intelligence about matters involving extremely high stakes. Rather, 
this bill gives us the tools we need to initiate a conversation about 
how we can better organize, manage, and oversee contractors. It is a 
first step toward ending the abuses of the past.
  Again, I thank Chairman Reyes and his colleagues on the Intelligence 
Committee for recognizing the importance of addressing contractor 
issues in the intelligence community. I look forward to continuing to 
work with him on this issue.
  I urge my colleagues to support this legislation.
  Mr. BLUMENAUER. Mr. Chairman, I am pleased that the Democratic 
majority has taken a thoughtful and bipartisan approach to this year's 
Intelligence Authorization bill. I have expressed my concerns about the 
health of our intelligence community and appreciate the work that has 
been done to strengthen the Inspector General, increase contractor 
oversight, and invest in the training of our operatives.
  However, I am deeply troubled that this bill does not contain a 
prohibition on torture, which I believe is absolutely critical. Torture 
violates not only the laws and values of our country, but all standards 
of decent human conduct. I have consistently spoken out against the 
stonewalling and equivocation surrounding this administration's 
``interrogation'' of detainees. I find it appalling that it has fallen 
solely to the legislative and judicial branches to set interrogation 
and detention standards worthy of our Nation.
  Yet I remain hopeful that the abuses of this administration will be 
checked by wise and thoughtful policy. I applauded the recent 
``Boumediene v. Bush'' Supreme Court ruling that guarantees Guantanamo 
Bay detainees the right of habeas corpus. Further, I believe that 
extending the rules of the Army Field Manual to U.S. intelligence 
personnel sends a clear signal that we have broken with and are rolling 
back the abuses of this administration.
  I support a great deal of what this bill includes, yet my greatest 
concern is with what this bill omits. It is my hope that Congress will

[[Page H6607]]

come together in conference to send a message to this administration 
and the world at large that Americans do not approve of, and will not 
stand for, torture.
  Mr. REYES. I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Ross). All time for general debate has 
expired.
  Pursuant to the rule, the amendment in the nature of a substitute 
printed in the bill shall be considered as an original bill for the 
purpose of amendment under the 5-minute rule and shall be considered 
read.
  The text of the committee amendment is as follows:

                               H.R. 5959

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
Sec. 105. Limitation on the use of covert action funds.
Sec. 106. Prohibition on use of funds to implement ``5 and out'' 
              program of the Federal Bureau of Investigation.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
Sec. 202. Technical modification to mandatory retirement provision of 
              the Central Intelligence Agency Retirement Act.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

                     Subtitle A--Personnel Matters

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Enhanced flexibility in nonreimbursable details to elements 
              of the intelligence community.
Sec. 303. Multi-level security clearances.
Sec. 304. Delegation of authority for travel on common carriers for 
              intelligence collection personnel.
Sec. 305. Annual personnel level assessments for the intelligence 
              community.
Sec. 306. Comprehensive report on intelligence community contractors.
Sec. 307. Report on proposed pay for performance intelligence community 
              personnel management system.
Sec. 308. Report on plans to increase diversity within the intelligence 
              community.
Sec. 309. Report on security clearance determinations.

                       Subtitle B--Other Matters

Sec. 311. Restriction on conduct of intelligence activities.
Sec. 312. Clarification of definition of intelligence community under 
              the National Security Act of 1947.
Sec. 313. Modification of availability of funds for different 
              intelligence activities.
Sec. 314. Protection of certain national security information.
Sec. 315. Extension of authority to delete information about receipt 
              and disposition of foreign gifts and decorations.
Sec. 316. Report on compliance with the Detainee Treatment Act of 2005 
              and related provisions of the Military Commissions Act of 
              2006.
Sec. 317. Incorporation of reporting requirements.
Sec. 318. Repeal of certain reporting requirements.
Sec. 319. Enhancement of critical skills training program.
Sec. 320. Comprehensive national cybersecurity initiative advisory 
              panel.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Clarification of limitation on colocation of the Office of 
              the Director of National Intelligence.
Sec. 402. Membership of the Director of National Intelligence on the 
              Transportation Security Oversight Board.
Sec. 403. Additional duties of the Director of Science and Technology.
Sec. 404. Leadership and location of certain offices and officials.
Sec. 405. Plan to implement recommendations of the data center energy 
              efficiency reports.
Sec. 406. Semiannual reports on nuclear programs of Iran, Syria, and 
              North Korea.
Sec. 407. Title of Chief Information Officer of the Intelligence 
              Community.
Sec. 408. Inspector General of the Intelligence Community.
Sec. 409. Annual report on foreign language proficiency in the 
              intelligence community.
Sec. 410. Repeal of certain authorities relating to the Office of the 
              National Counterintelligence Executive.
Sec. 411. National intelligence estimate on weapons of mass destruction 
              in Syria.
Sec. 412. Report on intelligence resources dedicated to Iraq and 
              Afghanistan.
Sec. 413. Ombudsman for intelligence community security clearances.
Sec. 414. Security clearance reciprocity.
Sec. 415. Report on international traffic in arms regulations.
Sec. 416. Report on nuclear trafficking.
Sec. 417. Study on revoking pensions of persons who commit unauthorized 
              disclosures of classified information.

                Subtitle B--Central Intelligence Agency

Sec. 421. Review of covert action programs by Inspector General of the 
              Central Intelligence Agency.
Sec. 422. Inapplicability to Director of the Central Intelligence 
              Agency of requirement for annual report on progress in 
              auditable financial statements.
Sec. 423. Technical amendments relating to titles of certain Central 
              Intelligence Agency positions.
Sec. 424. Clarifying amendments relating to section 105 of the 
              Intelligence Authorization Act for Fiscal Year 2004.
Sec. 425. Prohibition on the use of private contractors for 
              interrogations involving persons in the custody or 
              control of the Central Intelligence Agency.

              Subtitle C--Defense Intelligence Components

Sec. 431. Integration of the Counterintelligence Field Activity into 
              the Defense Intelligence Agency.

                       Subtitle D--Other Elements

Sec. 441. Clarification of inclusion of Coast Guard and Drug 
              Enforcement Administration as elements of the 
              intelligence community.
Sec. 442. Report on transformation of the intelligence capabilities of 
              the Federal Bureau of Investigation.

                         TITLE V--OTHER MATTERS

                Subtitle A--General Intelligence Matters

Sec. 501. Extension of National Commission for the Review of the 
              Research and Development Programs of the United States 
              Intelligence Community.
Sec. 502. Amendments to the National Security Act of 1947.
Sec. 503. Report on financial intelligence on terrorist assets.
Sec. 504. Notice of intelligence regarding North Korea and China.
Sec. 505. Sense of Congress regarding use of intelligence resources.

                    Subtitle B--Technical Amendments

Sec. 511. Technical amendment to the Central Intelligence Agency Act of 
              1949.
Sec. 512. Technical amendments relating to the multiyear National 
              Intelligence Program.
Sec. 513. Technical clarification of certain references to Joint 
              Military Intelligence Program and Tactical Intelligence 
              and Related Activities.
Sec. 514. Technical amendments to the National Security Act of 1947.
Sec. 515. Technical amendments to the Intelligence Reform and Terrorism 
              Prevention Act of 2004.
Sec. 516. Technical amendments to the Executive Schedule.
Sec. 517. Technical amendments relating to the National Geospatial-
              Intelligence Agency.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Congressional intel