[Congressional Record Volume 148, Number 102 (Wednesday, July 24, 2002)]
[House]
[Pages H5441-H5450]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2003

  The SPEAKER pro tempore. Pursuant to House Resolution 497 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the further consideration of the bill, 
H.R. 4628.

                              {time}  0201


                     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 further consideration of 
the bill (H.R. 4628) to authorize appropriations for fiscal year 2003 
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. Whitfield (Chairman pro tempore) in the chair.
  The Clerk read the title of the bill.
  The CHAIRMAN. When the Committee of the Whole rose earlier today, 
Amendment No. 9 printed in the Congressional Record offered by the 
gentleman from Indiana (Mr. Roemer) had been disposed of.
  Pursuant to the order of the House of today, no further amendment to 
the committee amendment in the nature of a substitute may be offered 
after the legislative day of July 24, 2002, except pro forma amendments 
offered by the chairman or ranking minority member of the Permanent 
Select Committee on Intelligence or their designees for the purpose of 
debate.


                Amendment No. 3 Offered by Mr. Chambliss

  Mr. CHAMBLISS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.

[[Page H5442]]

  The text of the amendment is as follows:

       Amendment No. 3 offered by Mr. Chambliss:
       At the end (page 30, after line 7), add the following new 
     title:

                     TITLE VI--INFORMATION SHARING

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Homeland Security 
     Information Sharing Act''.

     SEC. 602. FINDINGS AND SENSE OF CONGRESS.

       (a) Findings.--The Congress finds the following:
       (1) The Federal Government is required by the Constitution 
     to provide for the common defense, which includes terrorist 
     attack.
       (2) The Federal Government relies on State and local 
     personnel to protect against terrorist attack.
       (3) The Federal Government collects, creates, manages, and 
     protects classified and sensitive but unclassified 
     information to enhance homeland
       (4) Some homeland security information is needed by the 
     State and local personnel to prevent and prepare for 
     terrorist attack.
       (5) The needs of State and local personnel to have access 
     to relevant homeland security information to combat terrorism 
     must be reconciled with the need to preserve the protected 
     status of such information and to protect the sources and 
     methods used to acquire such information.
       (6) Granting security clearances to certain State and local 
     personnel is one way to facilitate the sharing of information 
     regarding specific terrorist threats among Federal, State, 
     and local levels of government.
       (7) Methods exist to declassify, redact, or otherwise adapt 
     classified information so it may be shared with State and 
     local personnel without the need for granting additional 
     security clearances.
       (8) State and local personnel have capabilities and 
     opportunities to gather information on suspicious activities 
     and terrorist threats not possessed by Federal agencies.
       (9) The Federal Government and State and local governments 
     and agencies in other jurisdictions may benefit from such 
     information.
       (10) Federal, State, and local governments and 
     intelligence, law enforcement, and other emergency 
     preparation and response agencies must act in partnership to 
     maximize the benefits of information gathering and analysis 
     to prevent and respond to terrorist attacks.
       (11) Information systems, including the National Law 
     Enforcement Telecommunications System and the Terrorist 
     Threat Warning System, have been established for rapid 
     sharing of classified and sensitive but unclassified 
     information among Federal, State, and local entities.
       (12) Increased efforts to share homeland security 
     information should avoid duplicating existing information 
     systems.
       (b) Sense of Congress.--It is the sense of Congress that 
     Federal, State, and local entities should share homeland 
     security information to the maximum extent practicable, with 
     special emphasis on hard-to-reach urban and rural 
     communities.

     SEC. 603. FACILITATING HOMELAND SECURITY INFORMATION SHARING 
                   PROCEDURES.

       (a) Procedures for Determining Extent of Sharing of 
     Homeland Security Information.--
       (1) The President shall prescribe and implement procedures 
     under which relevant Federal agencies determine--
       (A) whether, how, and to what extent homeland security 
     information may be shared with appropriate State and local 
     personnel, and with which such personnel it may be shared;
       (B) how to identify and safeguard homeland security 
     information that is sensitive but unclassified; and
       (C) to the extent such information is in classified form, 
     whether, how, and to what extent to remove classified 
     information, as appropriate, and with which such personnel it 
     may be shared after such information is removed.
       (2) The President shall ensure that such procedures apply 
     to all agencies of the Federal Government.
       (3) Such procedures shall not change the substantive 
     requirements for the classification and safeguarding of 
     classified information.
       (4) Such procedures shall not change the requirements and 
     authorities to protect sources and methods.
       (b) Procedures for Sharing of Homeland Security 
     Information.--
       (1) Under procedures prescribed by the President, all 
     appropriate agencies, including the intelligence community, 
     shall, through information sharing systems, share homeland 
     security information with appropriate State and local 
     personnel to the extent such information may be shared, as 
     determined in accordance with subsection (a), together with 
     assessments of the credibility of such information.
       (2) Each information sharing system through which 
     information is shared under paragraph (1) shall--
       (A) have the capability to transmit unclassified or 
     classified information, though the procedures and recipients 
     for each capability may differ;
       (B) have the capability to restrict delivery of information 
     to specified subgroups by geographic location, type of 
     organization, position of a recipient within an organization, 
     or a recipient's need to know such information;
       (C) be configured to allow the efficient and effective 
     sharing of information; and
       (D) be accessible to appropriate State and local personnel.
       (3) The procedures prescribed under paragraph (1) shall 
     establish conditions on the use of information shared under 
     paragraph (1)--
       (A) to limit the redissemination of such information to 
     ensure that such information is not used for an unauthorized 
     purpose;
       (B) to ensure the security and confidentiality of such 
     information;
       (C) to protect the constitutional and statutory rights of 
     any individuals who are subjects of such information; and
       (D) to provide data integrity through the timely removal 
     and destruction of obsolete or erroneous names and 
     information.
       (4) The procedures prescribed under paragraph (1) shall 
     ensure, to the greatest extent practicable, that the 
     information sharing system through which information is 
     shared under such paragraph include existing information 
     sharing systems, including, but not limited to, the National 
     Law Enforcement Telecommunications System, the Regional 
     Information Sharing System, and the Terrorist Threat Warning 
     System of the Federal Bureau of Investigation.
       (5) Each appropriate Federal agency, as determined by the 
     President, shall have access to each information sharing 
     system through which information is shared under paragraph 
     (1), and shall therefore have access to all information, as 
     appropriate, shared under such paragraph.
       (6) The procedures prescribed under paragraph (1) shall 
     ensure that appropriate State and local personnel are 
     authorized to use such information sharing systems--
       (A) to access information shared with such personnel; and
       (B) to share, with others who have access to such 
     information sharing systems, the homeland security 
     information of their own jurisdictions, which shall be marked 
     appropriately as pertaining to potential terrorist activity.
       (7) Under procedures prescribed jointly by the Director of 
     Central Intelligence and the Attorney General, each 
     appropriate Federal agency, as determined by the President, 
     shall review and assess the information shared under 
     paragraph (6) and integrate such information with existing 
     intelligence.
       (c) Sharing of Classified Information and Sensitive but 
     Unclassified Information With State and Local Personnel.--
       (1) The President shall prescribe procedures under which 
     Federal agencies may, to the extent the President considers 
     necessary, share with appropriate State and local personnel 
     homeland security information that remains classified or 
     otherwise protected after the determinations prescribed under 
     the procedures set forth in subsection (a).
       (2) It is the sense of Congress that such procedures may 
     include one or more of the following means:
       (A) Carrying out security clearance investigations with 
     respect to appropriate State and local personnel.
       (B) With respect to information that is sensitive but 
     unclassified, entering into nondisclosure agreements with 
     appropriate State and local personnel.
       (C) Increased use of information-sharing partnerships that 
     include appropriate State and local personnel, such as the 
     Joint Terrorism Task Forces of the Federal Bureau of 
     Investigation, the Anti-Terrorism Task Forces of the 
     Department of Justice, and regional Terrorism Early Warning 
     Groups.
       (d) Responsible Officials.--For each affected Federal 
     agency, the head of such agency shall designate an official 
     to administer this Act with respect to such agency.
       (e) Federal Control of Information.--Under procedures 
     prescribed under this section, information obtained by a 
     State or local government from a Federal agency under this 
     section shall remain under the control of the Federal agency, 
     and a State or local law authorizing or requiring such a 
     government to disclose information shall not apply to such 
     information.
       (f) Definitions.--As used in this section:
       (1) The term ``homeland security information'' means any 
     information (other than information that includes 
     individually identifiable information collected solely for 
     statistical purposes) possessed by a Federal, State, or local 
     agency that--
       (A) relates to the threat of terrorist activity;
       (B) relates to the ability to prevent, interdict, or 
     disrupt terrorist activity;
       (C) would improve the identification or investigation of a 
     suspected terrorist or terrorist organization; or
       (D) would improve the response to a terrorist act.
       (2) The term ``intelligence community'' has the meaning 
     given such term in section 3(4) of the National Security Act 
     of 1947 (50 U.S.C. 401a(4)).
       (3) The term ``State and local personnel'' means any of the 
     following persons involved in prevention, preparation, or 
     response for terrorist attack:
       (A) State Governors, mayors, and other locally elected 
     officials.
       (B) State and local law enforcement personnel and 
     firefighters.
       (C) Public health and medical professionals.
       (D) Regional, State, and local emergency management agency 
     personnel, including State adjutant generals.

[[Page H5443]]

       (E) Other appropriate emergency response agency personnel.
       (F) Employees of private-sector entities that affect 
     critical infrastructure, cyber, economic, or public health 
     security, as designated by the Federal government in 
     procedures developed pursuant to this section.
       (4) The term ``State'' includes the District of Columbia 
     and any commonwealth, territory, or possession of the United 
     States.

     SEC. 604. REPORT.

       (a) Report Required.--Not later than 12 months after the 
     date of the enactment of this Act, the President shall submit 
     to the congressional committees specified in subsection (b) a 
     report on the implementation of section 603. The report shall 
     include any recommendations for additional measures or 
     appropriation requests, beyond the requirements of section 
     603, to increase the effectiveness of sharing of information 
     between and among Federal, State, and local entities.
       (b) Specified Congressional Committees.--The congressional 
     committees referred to in subsection (a) are the following 
     committees:
       (1) The Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.
       (2) The Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate.

     SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out section 603.

     SEC. 606. AUTHORITY TO SHARE GRAND JURY INFORMATION.

       Rule 6(e) of the Federal Rules of Criminal Procedure is 
     amended--
       (1) in paragraph (2), by inserting ``, or of guidelines 
     jointly issued by the Attorney General and Director of 
     Central Intelligence pursuant to Rule 6,'' after ``Rule 6''; 
     and
       (2) in paragraph (3)--
       (A) in subparagraph (A)(ii), by inserting ``or of a foreign 
     government'' after ``(including personnel of a state or 
     subdivision of a state'';
       (B) in subparagraph (C)(i)--
       (i) in subclause (I), by inserting before the semicolon the 
     following: ``or, upon a request by an attorney for the 
     government, when sought by a foreign court or prosecutor for 
     use in an official criminal investigation'';
       (ii) in subclause (IV)--

       (I) by inserting ``or foreign'' after ``may disclose a 
     violation of State'';
       (II) by inserting ``or of a foreign government'' after ``to 
     an appropriate official of a State or subdivision of a 
     State''; and
       (III) by striking ``or'' at the end;

       (iii) by striking the period at the end of subclause (V) 
     and inserting ``; or''; and
       (iv) by adding at the end the following:
       ``(VI) when matters involve a threat of actual or potential 
     attack or other grave hostile acts of a foreign power or an 
     agent of a foreign power, domestic or international sabotage, 
     domestic or international terrorism, or clandestine 
     intelligence gathering activities by an intelligence service 
     or network of a foreign power or by an agent of a foreign 
     power, within the United States or elsewhere, to any 
     appropriate federal, state, local, or foreign government 
     official for the purpose of preventing or responding to such 
     a threat.''; and
       (C) in subparagraph (C)(iii)--
       (i) by striking ``Federal'';
       (ii) by inserting ``or clause (i)(VI)'' after ``clause 
     (i)(V)''; and
       (iii) by adding at the end the following: ``Any state, 
     local, or foreign official who receives information pursuant 
     to clause (i)(VI) shall use that information only consistent 
     with such guidelines as the Attorney General and Director of 
     Central Intelligence shall jointly issue.''.

     SEC. 607. AUTHORITY TO SHARE ELECTRONIC, WIRE, AND ORAL 
                   INTERCEPTION INFORMATION.

       Section 2517 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(7) Any investigative or law enforcement officer, or 
     other Federal official in carrying out official duties, who 
     by any means authorized by this chapter, has obtained 
     knowledge of the contents of any wire, oral, or electronic 
     communication, or evidence derived therefrom, may disclose 
     such contents or derivative evidence to a foreign 
     investigative or law enforcement officer to the extent that 
     such disclosure is appropriate to the proper performance of 
     the official duties of the officer making or receiving the 
     disclosure, and foreign investigative or law enforcement 
     officers may use or disclose such contents or derivative 
     evidence to the extent such use or disclosure is appropriate 
     to the proper performance of their official duties.
       ``(8) Any investigative or law enforcement officer, or 
     other Federal official in carrying out official duties, who 
     by any means authorized by this chapter, has obtained 
     knowledge of the contents of any wire, oral, or electronic 
     communication, or evidence derived therefrom, may disclose 
     such contents or derivative evidence to any appropriate 
     Federal, State, local, or foreign government official to the 
     extent that such contents or derivative evidence reveals a 
     threat of actual or potential attack or other grave hostile 
     acts of a foreign power or an agent of a foreign power, 
     domestic or international sabotage, domestic or international 
     terrorism, or clandestine intelligence gathering activities 
     by an intelligence service or network of a foreign power or 
     by an agent of a foreign power, within the United States or 
     elsewhere, for the purpose of preventing or responding to 
     such a threat. Any official who receives information pursuant 
     to this provision may use that information only as necessary 
     in the conduct of that person's official duties subject to 
     any limitations on the unauthorized disclosure of such 
     information, and any State, local, or foreign official who 
     receives information pursuant to this provision may use that 
     information only consistent with such guidelines as the 
     Attorney General and Director of Central Intelligence shall 
     jointly issue.''.

     SEC. 608. FOREIGN INTELLIGENCE INFORMATION.

       (a) Dissemination Authorized.--Section 203(d)(1) of the 
     Uniting and Strengthening America by Providing Appropriate 
     Tools Required to Intercept and Obstruct Terrorism Act (USA 
     PATRIOT ACT) of 2001 (Public Law 107-56; 50 U.S.C. 403-5d) is 
     amended by adding at the end the following: ``Consistent with 
     the responsibility of the Director of Central Intelligence to 
     protect intelligence sources and methods, and the 
     responsibility of the Attorney General to protect sensitive 
     law enforcement information, it shall be lawful for 
     information revealing a threat of actual or potential attack 
     or other grave hostile acts of a foreign power or an agent of 
     a foreign power, domestic or international sabotage, domestic 
     or international terrorism, or clandestine intelligence 
     gathering activities by an intelligence service or network of 
     a foreign power or by an agent of a foreign power, within the 
     United States or elsewhere, obtained as part of a criminal 
     investigation to be disclosed to any appropriate Federal, 
     State, local, or foreign government official for the purpose 
     of preventing or responding to such a threat. Any official 
     who receives information pursuant to this provision may use 
     that information only as necessary in the conduct of that 
     person's official duties subject to any limitations on the 
     unauthorized disclosure of such information, and any State, 
     local, or foreign official who receives information pursuant 
     to this provision may use that information only consistent 
     with such guidelines as the Attorney General and Director of 
     Central Intelligence shall jointly issue.''.
       (b) Conforming Amendments.--Section 203(c) of that Act is 
     amended--
  Mr. CHAMBLISS. Mr. Chairman, this amendment is a very simple 
amendment. It is an amendment that was debated very thoroughly on the 
House floor some 3 weeks ago. It is an information sharing bill 
coauthored by the gentlewoman from California (Ms. Harman), myself and 
the gentleman from Connecticut (Mr. Shays), who has now joined us in 
offering this amendment.
  Basically what this amendment does, it is in response to some 
information that we discovered as the Subcommittee on Terrorism and 
Homeland Security during our hearing process about the lack of 
information sharing that exists between the intelligence gatherers at 
the Federal level and State and local officials, who are the first 
responders on the site of any terrorist attack that may be perpetrated 
against the United States.
  This bill basically requires the administration to develop an 
information sharing plan such that they take the individual 
intelligence gatherers, whether it is NSA, FBI, CIA or whoever, put it 
into a common funnel, and that information be redacted and declassified 
and disseminated out to State and local officials in real time so that 
those first responders on the ground can have the information necessary 
to be on the lookout to hopefully disrupt any terrorist activity that 
may be forthcoming.
  Ms. HARMAN. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I am proud to be a coauthor of this amendment, which 
passed the House by a vote of 422 to 2 several weeks ago. I believe 
that every member of the Permanent Select Committee on Intelligence was 
an original cosponsor of the amendment. It has been a pleasure to work 
on it with the gentleman from Georgia, the gentleman from Connecticut 
and many others, and to see it become such an important legislative 
action of this season. By attaching it to this bill, we ensure that it 
becomes law sooner.
  We are looking at every vehicle we can find to make certain that it 
will pass the Senate and be agreed upon in conference, and we do know 
that we have support from the administration.
  I would just add that at 2 o'clock in the morning, Mr. Chairman, 
somewhere in America there is a terrorist cell that intends to do us 
harm. By having this mechanism that will share information with first 
responders and help them know what to look for, we are protecting the 
citizens of that part of America who are under threat. So I am very 
pleased to stand here tonight in support of this amendment. I urge its 
adoption quickly.

[[Page H5444]]

  Mr. SHAYS. Mr. Chairman, will the gentlewoman yield?
  Ms. HARMAN. I yield to the gentleman from Connecticut.
  Mr. SHAYS. Mr. Chairman, I am delighted to join the authors of this 
legislation, the gentleman from Georgia (Mr. Chambliss) and the 
gentlewoman from California (Ms. Harman). I am not an author, but I am 
a cosponsor, because at the 30 hearings my Subcommittee on National 
Security has had, this issue has shown up almost at every instance.
  Protecting the safety and security of the Nation against terrorist 
attacks requires unprecedented cooperation between Federal, State and 
local agencies. Timely information sharing is an absolutely 
indispensable element of the Nation's ability to detect and preempt, 
disrupt or respond to any terrorist attack.
  I absolutely am amazed at how stubborn the procedural process has 
been, the cultural barriers that have blocked the information sharing 
on the local level. These individuals on the local level need to have 
the ability to gain security clearance. We need to encourage the 
Federal and State to interact better.
  I just commend the gentleman from Georgia (Mr. Chambliss), and I 
commend the chairman of the Permanent Select Committee on Intelligence 
and ranking member for their recognizing the need for this legislation 
and their past support.
  Mr. BISHOP. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, as has been noted, this amendment is substantially the 
same as the Homeland Security Information Sharing Act which was 
overwhelmingly passed and endorsed by the House last month. I was 
pleased to be a cosponsor of that bill.
  I commend the gentlewoman from California (Ms. Harman), the gentleman 
from Georgia (Mr. Chambliss), the gentleman from Michigan (Mr. 
Conyers), the gentleman from Wisconsin (Mr. Sensenbrenner), the 
gentleman from Connecticut (Mr. Shays) and the gentleman from New York 
(Mr. Weiner) again for their hard work on it.
  Timely and effective information is one of the most important tools 
in the fight against terrorism. Local communities need to be able to 
count on receiving that kind of information.
  This amendment will help in that effort, and I certainly urge its 
adoption.
  Mr. GOSS. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, I want to thank those involved in this amendment. I 
know that this has been a success story already on the floor, but I am 
pleased it is added to the bill. I think it is important as it has been 
explained. I congratulate the gentlewoman from California (Ms. Harman), 
the gentleman from Georgia (Mr. Chambliss) and the gentleman from 
Connecticut (Mr. Shays). The committee accepts the amendment offered by 
the gentleman from Georgia (Mr. Chambliss).

                              {time}  0210

  The CHAIRMAN pro tempore (Mr. Whitfield). The question is on the 
amendment offered by the gentleman from Georgia (Mr. Chambliss).
  The amendment was agreed to.


                 Amendment No. 8 Offered by Ms. Pelosi

  Ms. PELOSI. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 8 offered by Ms. Pelosi:
       Amend section 501 to read as follows:

     SEC. 501. USE OF FUNDS FOR COUNTER-DRUG AND COUNTERTERRORISM 
                   ACTIVITIES FOR COLOMBIA.

       (a) Authority.--Funds designated for intelligence or 
     intelligence-related purposes for assistance to the 
     Government of Colombia for counter-drug activities for fiscal 
     years 2002 and 2003, and any unobligated funds available to 
     any element of the intelligence community for such activities 
     for a prior fiscal year, shall be available to support a 
     unified campaign against narcotics trafficking and against 
     activities by organizations designated as terrorist 
     organizations (such as the Revolutionary Armed Forces of 
     Colombia (FARC), the National Liberation Army (ELN), and the 
     United Self-Defense Forces of Colombia (AUC)), and to take 
     actions to protect human health and welfare in emergency 
     circumstances, including undertaking rescue operations.
       (b) Requirement for Certification.--(1) The authorities 
     provided in subsection (a) shall not be exercised until the 
     Secretary of Defense certifies to the Congress that the 
     provisions of paragraph (2) have been complied with.
       (2) In order to ensure effectiveness of United States 
     support for such a unified campaign, prior to the exercise of 
     the authority contained in subsection (a), the Secretary of 
     State shall report to the appropriate committees of Congress 
     that the newly elected President of Colombia has--
       (A) committed, in writing, to establish comprehensive 
     policies to combat illicit drug cultivation, manufacturing, 
     and trafficking (particularly with respect to providing 
     economic opportunities that offer viable alternatives to 
     illicit crops) and to restore government authority and 
     respect for human rights in areas under the effective control 
     of paramilitary and guerrilla organizations;
       (B) committed, in writing, to implement significant 
     budgetary and personnel reforms of the Colombian Armed 
     Forces; and
       (C) committed, in writing, to support substantial 
     additional Colombian financial and other resources to 
     implement such policies and reforms, particularly to meet the 
     country's previous commitments under ``Plan Colombia''.
     In this paragraph, the term ``appropriate committees of 
     Congress'' means the Permanent Select Committee on 
     Intelligence and the Committee on Appropriations of the House 
     of Representatives and the Select Committee on Intelligence 
     and the Committee on Appropriations of the Senate.
       (c) Termination of Authority.--The authority provided in 
     subsection (a) shall cease to be effective if the Secretary 
     of Defense has credible evidence that the Colombian Armed 
     Forces are not conducting vigorous operations to restore 
     government authority and respect for human rights in areas 
     under the effective control of paramilitary and guerrilla 
     organizations.
       (d) Application of Certain Provisions of Law.--Sections 
     556, 567, and 568 of Public Law 107-115, section 8093 of the 
     Department of Defense Appropriations Act, 2002, and the 
     numerical limitations on the number of United States military 
     personnel and United States individual civilian contractors 
     in section 3204(b)(1) of Public Law 106-246 shall be 
     applicable to funds made available pursuant to the authority 
     contained in subsection (a).
       (e) Limitation on Participation of United States 
     Personnel.--No United States Armed Forces personnel or United 
     States civilian contractor employed by the United States will 
     participate in any combat operation in connection with 
     assistance made available under this section, except for the 
     purpose of acting in self defense or rescuing any United 
     States citizen to include United States Armed Forces 
     personnel, United States civilian employees, and civilian 
     contractors employed by the United States.
  Ms. PELOSI. Mr. Chairman, just briefly, this amendment, which I am 
offering with the gentleman from Florida (Mr. Goss), has a simple 
purpose: to harmonize the intelligence authorization bill and the 
emergency supplemental appropriations conference report passed 
yesterday on an issue relating to Colombia. That issue is the use to 
which funds designated for counterdrug activities for Colombia in 
fiscal year 2003 and made available but not expended in previous fiscal 
years can be put.
  When this matter was considered by the Select Committee on 
Intelligence, it was clear that we intended to mirror actions taken by 
the Committee on Appropriations in the emergency supplemental. Section 
501 of the bill, which is nearly identical to the provision in the 
emergency supplemental as reported by the Committee on Appropriations, 
reflects that intention.
  In conference, the Colombia provisions in the emergency supplemental 
were modified. These modifications condition the use of 
counternarcotics money for counterterrorism purposes in Colombia on 
certain certifications being made by the Secretaries of State and 
Defense and limit participation of U.S. personnel in combat operations 
in Colombia to instances of self-defense or the rescue of U.S. 
citizens. The task which remains is to bring the intelligence bill in 
line with the emergency supplemental on this matter. This amendment 
acknowledges that purpose. I am pleased to have the chairman's support 
for it, and I urge its adoption by the House.
  Mr. GOSS. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, as stated in our report language, section 501 of the 
Intelligence Authorization Act for fiscal year 2003 regarding the use 
of funds for counterdrug and counterterrorism activities for Colombia 
is intended to be consistent with similar language included in fiscal 
year 2002 Defense Department appropriations bills. The gentlewoman from 
California has properly, rightly and helpfully offered an amendment to 
replace section 501 in order to conform with the language in H.R. 4775,

[[Page H5445]]

as voted out of conference and approved by the House on July 23, 2002. 
Therefore, the Committee accepts the amendment and thanks the 
gentlewoman for the gracious and harmonizing effort to make this all 
work better.
  The CHAIRMAN pro tempore. The question is on the amendment offered by 
the gentlewoman from California (Ms. Pelosi).
  The amendment was agreed to.


                  Amendment No. 5 Offered by Mr. Goss

  Mr. GOSS. Mr. Chairman, I offer an amendment.
  The CHAIRMAN pro tempore. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 5 offered by Mr. Goss:
       At the end of title I (page 9, after line 4), insert the 
     following new section:

     SEC. 106. LIMITATION ON USE OF CERTAIN APPROPRIATIONS FOR 
                   INTELLIGENCE AND INTELLIGENCE-RELATED 
                   ACTIVITIES.

       (a) In General.--Subject to subsection (b), the amounts 
     requested for the Defense Emergency Response Fund that are 
     designated for the incremental costs of intelligence and 
     intelligence-related activities for the war on terrorism may 
     only be obligated or expended for the intelligence and 
     intelligence-related activities specified in the letter dated 
     July 19, 2002 of the Deputy Director for Central Intelligence 
     to the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (b) Limitations.--The amounts referred to in subsection 
     (a)--
       (1) may only be obligated or expended for activities 
     directly related to identifying, responding to, or protecting 
     against acts or threatened acts of terrorism;
       (2) may not be obligated or expended to correct 
     programmatic or fiscal deficiencies in major acquisition 
     programs which have not achieved initial operational 
     capabilities within two years of the date of the enactment of 
     this Act; and
       (3) may not be obligated or expended until the end of the 
     10-day period that begins on the date notice is provided to 
     the Select Committee on Intelligence and the Committee on 
     Appropriations of the Senate and the Permanent Select 
     Committee on Intelligence and the Committee on Appropriations 
     of the House of Representatives.


          Modification to Amendment No. 5 Offered by Mr. Goss

  Mr. GOSS. Mr. Chairman, I ask unanimous consent that the amendment be 
modified in the form at the desk, and that the modification be 
considered as read and printed in the Record.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Florida (Mr. Goss) to dispense with the reading?
  There was no objection.
  The CHAIRMAN pro tempore. The Clerk will designate the modification.
  The text of the modification is as follows:

       Modification to amendment No. 5 offered by Mr. Goss:
       The amendment is modified as follows:
       Strike the heading and subsection (a) of section 106, as 
     proposed to be added by the amendment, and insert the 
     following:

     SEC. 106. LIMITATION ON INTELLIGENCE AND INTELLIGENCE-RELATED 
                   ACTIVITIES.

       (a) In General.--Subject to subsection (b), the amounts 
     requested in the letter dated July 03, 2002, of the President 
     to the Speaker of the House of Representatives, related to 
     the Defense Emergency Response Fund and that are designated 
     for the incremental costs of intelligence and intelligence-
     related activities for the war on terrorism are authorized.
       In subsection (b)(1) of such section, strike ``may only be 
     obligated or expended'' and insert ``are authorized only''.
       In subsection (b)(2) of such section, strike ``may not be 
     obligated or expended'' and insert ``are not authorized''.
       In subsection (b)(3) of such section--
       (1) strike ``may not be obligated or expended'' and insert 
     ``are not available''; and
       (2) insert ``written'' before ``notice is provided''.
  The CHAIRMAN pro tempore. Is there objection to the modification 
offered by the gentleman from Florida (Mr. Goss)?
  There was no objection.
  The CHAIRMAN pro tempore. The amendment is modified.
  Mr. GOSS. Mr. Chairman, I am pleased to have the ranking member as a 
cosponsor of the amendment as modified. This language has been 
coordinated with the gentleman from California (Mr. Lewis) on the 
Committee on Appropriations, and I wish to express my gratitude for his 
support as well.
  The committee is concerned about a recent budgetary trend to use 
supplemental funding to cover intelligence needs not met through the 
regular budget process. The committee believes the practice of seeking 
and receiving large supplemental appropriations has become part of the 
expected yearly process and only grown worse with a new type of 
``emergency fund'' created in the wake of the tragedy of September 11.
  By continuing to rely on supplemental appropriations year after year, 
the intelligence community risks fostering a budget process that is 
ripe for abuse and long-term funding gaps. Moreover, the creation of 
the Defense Emergency Response Fund, the DERF, has further complicated 
matters. The Defense Emergency Response Fund was originally created to 
pay for emergency items that arose due to the war on terrorism, but it 
has now turned into just another vehicle to fund items that the 
intelligence community did not receive funding for through the regular 
budget and planning process.
  It is bad budget practice and bad government to do it that way. 
Congressional oversight is minimized, and finally, the committee 
believes that the supplemental gravy train will not last.
  In any sustained ``crisis'' action, there comes a point where short-
term stopgap practices must be phased out and long-term strategic plans 
put into place. This amendment is meant to highlight this concern to 
the administration.
  Ms. PELOSI. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I am pleased to join Chairman Goss on this amendment. 
As he has explained, the amendment seeks to ensure that money 
authorized for intelligence activities in the Defense Emergency 
Response Fund is used for the war on terrorism. The amendment makes 
clear that the DERF funds are not to be used to address shortfalls in 
the intelligence programs not directly related to the terrorism 
campaign, and requires Congress to be notified before these funds are 
obligated or expended. I understand that the language in the amendment 
as modified has been worked out with the Committee on Appropriations.
  Congress needs to oversee carefully the operations of the DERF. This 
amendment will contribute to effective oversight and I support it, and 
I commend the gentleman for his amendment and am pleased to join in it.
  The CHAIRMAN pro tempore. The question is on the amendment, as 
modified, offered by the gentleman from Florida (Mr. Goss).
  The amendment, as modified, was agreed to.


                  Amendment No. 4 Offered by Mr. Engel

  Mr. ENGEL. Mr. Chairman, I offer an amendment.

       The CHAIRMAN pro tempore. The Clerk will designate the 
     amendment.
  The text of the amendment is as follows:

       Amendment No. 4 offered by Mr. Engel:
       At the end of title III (page 21, after line 11), insert 
     the following new section:

     SEC. 311. LIMITATIONS ON ASSISTANCE TO THE PALESTINIAN 
                   SECURITY SERVICES.

       (a) In General.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.) is amended by adding at the end 
     the following new section:


    ``limitations on assistance to the palestinian security services

       ``Sec. 118. (a) Prohibition on Lethal Assistance.--
     Notwithstanding any other provision of law, no assistance in 
     the form of lethal military equipment may be provided, either 
     directly or indirectly, by any element of the intelligence 
     community to the security services of the Palestinian 
     Authority, or to any officials, employees or members thereof.
       ``(b) Requirements for Other Forms of Assistance.--With 
     respect to forms of assistance other than the provision of 
     lethal military equipment, provided by any element of the 
     intelligence community to the security services of the 
     Palestinian Authority, or to any officials, employees or 
     members thereof, such assistance may only be provided if the 
     assistance is designed to--
       ``(1) reduce the number of security services of the 
     Palestinian Authority to no more than two; and
       ``(2) reform such security services so that its officials, 
     employees, and members--
       ``(A) respect the rule of law and human rights;
       ``(B) no longer fall under the command of, or report to, 
     Yasir Arafat; and
       ``(C) are not compromised by, and will not support, 
     terrorism.
       ``(c) Quarterly Reports on Assistance Provided Since 
     1993.--(1) Not later than 3 months after the date of the 
     enactment of this section, the Director of Central 
     Intelligence shall submit to the appropriate committees of 
     Congress a report that describes all forms of assistance that 
     have been provided to the security services of the 
     Palestinian Authority since the date on which the Declaration 
     of Principles was signed, including the dates on which such 
     assistance was

[[Page H5446]]

     provided and whether any member of the security services of 
     the Palestinian Authority who received any such assistance 
     has committed an act of terrorism.
       ``(2) After the submittal of the report under paragraph 
     (1), the Director of Central Intelligence shall submit to the 
     appropriate committees of Congress quarterly reports on the 
     forms of assistance under paragraph (1) provided during the 
     preceding calendar quarter and progress toward--
       ``(A) reducing the number of security services of the 
     Palestinian Authority to no more than two;
       ``(B) ensuring that officials, employees, and members of 
     such security services are not compromised by, and will not 
     support, terrorism;
       ``(C) reforming the security services of the Palestinian 
     Authority so that they respect the rule of law and human 
     rights; and
       ``(D) ensuring that the security services of the 
     Palestinian Authority are no longer under the control of 
     Yasir Arafat.
       ``(3) Reports shall be submitted in unclassified form, but 
     may include a classified annex.
       ``(d) Definitions.--In this section--
       ``(1) the term `lethal military equipment' has the meaning 
     given the term for purposes of the Foreign Assistance Act of 
     1961; and
       ``(2) the term ``appropriate committees of Congress'' means 
     the Permanent Select Committee on Intelligence and the 
     Committee on International Relations of the House of 
     Representatives and the Select Committee on Intelligence and 
     the Committee on Foreign Relations of the Senate.''.
       (b) Clerical Amendment.--The table of contents for the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 117 the following new item:

``Sec. 118. Limitations on assistance to the security services of the 
              Palestinian Authority.''.
  Mr. ENGEL. Mr. Chairman, at the conclusion of offering this 
amendment, I will request to withdraw it by unanimous consent.
  Mr. Chairman, 1 month ago today, President Bush, I guess 1 month ago 
yesterday now, President Bush made a very important speech on the 
Middle East. He said that the United States would support the 
establishment of a Palestinian state, but only if Palestinian leaders 
meet specific benchmarks, including reformed, noncorrupted political 
processes, a new leadership not compromised by terror, and a unified 
restructured security force.
  I strongly supported the President's speech and his plan. The 
Palestinians need new leaders. Yasar Arafat is too compromised by 
terrorism, not only to fight Hamas and Islamic jihad, but to stand up 
to elements of the PLO itself. Under Arafat's watch, his own PLO Fatah 
faction, which includes the Al Aqsa Martyrs Brigade, has established a 
long track record of terror attacks against innocent Israeli civilians. 
The Palestinians deserve leaders who will stand up for their interests, 
not turn down peace plans like the one presented at Camp David 22 
months ago.
  I agree with the President that the Palestinian Authority's security 
apparatus must be reformed so that it can effectively fight terrorism, 
and I am glad that CIA Director Tenet will take personal hold of this 
project. The amendment I offer, and will shortly withdraw, is in line 
with U.S. policy and designed to support Tenet's effort to create a 
functional, unified Palestinian security network by providing 
guidelines for his efforts.
  First, the amendment would prohibit lethal assistance to the 
Palestinian security officials, employees or members. I have seen 
report after report of PA security personnel participating in or 
inciting acts of violence. There are some very unsavory characters 
throughout the Palestinian Authority, and we should not arm its 
security apparatus. Although I will withdraw my amendment, we must be 
very careful that we do not try to create a security force of people 
who have been behind the violence of the last 22 months or even those 
who have known and looked the other way.
  Secondly, my amendment states that other types of U.S. assistance 
must be designed to promote reform in the PA security services. This is 
precisely what President Bush called for in his June 24 speech, and in 
my amendment American assistance should reduce the number of PA 
security services to a unified command structure and, by all means, not 
more than two separate units. As my colleagues are likely aware, the PA 
has more than 10 security services which Arafat plays off against each 
other for his own purposes. In fact, some have competed as to which can 
more effectively fight and kill innocent Israelis.
  American training and other help must further be designed to reform 
the security service so that its members or employees respect the rule 
of law on human rights, are no longer commanded by Yasar Arafat, and 
are not compromised by terrorism. These guidelines for U.S. assistance 
are in line with the policy laid out by President Bush and should be 
the basis for CIA Director Tenet's program.
  Finally, my amendment would direct the Central Intelligence Agency to 
report about the assistance we give the Palestinian Authority security 
services in the 1990s, and every 3 months thereafter, the progress we 
are making in reforming the Palestinian Authority security services. 
Even after I withdraw this amendment, consultation with Congress about 
our program to reform the Palestinian security services should be 
expanded.
  Once again, I support the President's policy of reforming the 
Palestinian Authority and security services. The Palestinians need 
better leadership and a security force which will actually and 
faithfully strive to halt terror. While I strongly support this effort, 
it should not proceed without boundaries.

                              {time}  0220

  I believe that my amendment would have passed today. However, in a 
few days, CIA Director Tenet will send an assessment team to the region 
to begin analysis of what reform might require. As this process is just 
beginning, I have decided that now is not the time to legislate 
limitations. Yet, if the process gets off track, I will be back here on 
the floor trying to set the program straight. In the meantime, it is my 
hope with this amendment, which I now ask unanimous consent to 
withdraw, offers a set of practical guidelines which the administration 
will take to heart as it works to reform the PA service.
  Mr. GOSS. Mr. Chairman, will the gentleman yield?
  Mr. ENGEL. I yield to the gentleman from New York.
  Mr. GOSS. Mr. Chairman, may I congratulate the gentleman from New 
York for his attention to this problem and the process. A very 
constructive conversation I know has taken place. I have read his 
amendment. I understand what he is trying to accomplish, and I 
appreciate his understanding and his explanation tonight of the problem 
we have doing it that way. I sympathize very much with what the 
gentleman is trying to accomplish and I hope that the people who are 
working on this problem will be able to get the results we both desire 
and I appreciate his understanding.
  The CHAIRMAN. The time of the gentleman from New York (Mr. Engel) has 
expired.
  (By unanimous consent, Mr. Engel was allowed to proceed for 2 
additional minutes.)
  Ms. PELOSI. Mr. Chairman, will the gentleman yield?
  Mr. ENGEL. I yield to the gentlewoman from California.
  Ms. PELOSI. Mr. Chairman, I want to join the distinguished chairman 
in congratulating the gentleman from New York (Mr. Engel) for his 
leadership, not only tonight but on an ongoing basis on this very 
important issue, addressing violence in the Middle East and our desire 
for peace there. I appreciate the constructive nature of his amendment 
and the more constructive nature of his with drawing it at this time 
and look forward to working with him to ensure an end to violence and 
promotion of peace in the Middle East.
  Mr. ENGEL. Mr. Chairman, I now ask unanimous consent to withdraw my 
amendment.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
New York?
  There was no objection.


                 Amendment No. 1 Offered by Mr. Roemer

  Mr. ROEMER. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

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

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

       (a) Report.--The Secretary of Defense, acting through the 
     Director of the National Security Education Program, shall 
     prepare a report on the feasibility of establishing a 
     Civilian Linguist Reserve Corps comprised of

[[Page H5447]]

     individuals with advanced levels of proficiency in foreign 
     languages who are United States citizens who would be 
     available upon a call of the President to perform such 
     service or duties with respect to such foreign languages in 
     the Federal Government as the President may specify. In 
     preparing the report, the Secretary shall consult with such 
     organizations having expertise in training in foreign 
     languages as the Secretary determines appropriate.
       (b) Matters considered.--
       (1) In general.--In conducting the study, the Secretary 
     shall develop a proposal for the structure and operations of 
     the Civilian Linguist Reserve Corps. The proposal shall 
     establish requirements for performance of duties and levels 
     of proficiency in foreign languages of the members of the 
     Civilian Linguist Reserve Corps, including maintenance of 
     language skills and specific training required for 
     performance of duties as a linguist of the Federal 
     Government, and shall include recommendations on such other 
     matters as the Secretary determines appropriate.
       (2) Consideration of use of defense language institute and 
     language registries.--In developing the proposal under 
     paragraph (1), the Secretary shall consider the 
     appropriateness of using--
       (A) the Defense Language Institute to conduct testing for 
     language skills proficiency and performance, and to provide 
     language refresher courses; and
       (B) foreign language skill registries of the Department of 
     Defense or of other agencies or departments of the United 
     States to identify individuals with sufficient proficiency in 
     foreign languages.
       (3) Consideration of the model of the reserve components of 
     the armed forces.--In developing the proposal under paragraph 
     (1), the Secretary shall consider the provisions of title 10, 
     United States Code, establishing and governing service in the 
     Reserve Components of the Armed Forces, as a model for the 
     Civilian Linguist Reserve Corps.
       (c) Completion of Report.--Not later than 6 months after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress the report prepared under subsection (a).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Defense $300,000 to 
     carry out this section.
  (Mr. ROEMER asked and was given permission to revise and extend his 
remarks.)
  Mr. ROEMER. Mr. Chairman, this amendment I think is noncontroversial 
and has been worked out previously with the distinguished chairman and 
the ranking member who have supported this. It is to establish a 
civilian linguist reserve corps. First of all, I am very greatful to 
the co-sponsors of the amendments the gentleman from Nevada (Mr. 
Gibbons) who is extremely knowledgeable on these linguist issues and 
who has been very helpful in crafting this amendment; the gentleman 
from California (Mr. Farr) who has worked very diligently on language 
issues and has a distinguished institute in his State; the gentleman 
from Texas (Mr. Reyes) and a member of our committee; and also Jim 
Bamford, who has also come up with some ideas.
  I am also very grateful to the staff on our committee. We have said 
how many times how professional and dedicated and talented they are, 
Chris Barton on the majority side and Chris Healey on our side have 
been very helpful to us.
  This amendment requires the Secretary of Defense acting through the 
National Security Education Program to prepare a report on the 
feasibility of establishing a civilian linguist reserve corps comprised 
of individuals with advanced skill levels in foreign languages.
  I am not going to take the time of House at this hour. I am going to 
enter my statement into the record.
  Mr. Chairman, I hope this is accepted as it was previously worked out 
and thank again the committee members for their help.
  This amendment requires the Secretary of Defense, acting through the 
National Security Education Program, to prepare a report on the 
feasibility of establishing a civilian linguist reserve corps comprised 
of individuals with advanced skill levels in foreign languages.
  The idea behind the amendment is to move forward on a promising 
approach to this country's multi-faceted problem of finding qualified 
linguists to serve in the Federal Government.
  Often, the Federal Government finds it suddenly needs linguists with 
skills in relatively obscure languages for a relatively short-term 
crisis, but these linguists are not to be found among regular 
government employees.
  A reserve corps would help ensure that individuals with skills in a 
wide variety of languages were trained and ready when needed to come to 
the aid of the government.
  We would like the Secretary of Defense to give us not just a report, 
but an action plan that comprehensively addresses all of the issues 
involved in establishing a civilian linguist reserve corps.
  We expect the National Security Education Program to utilize 
organizations with expertise in language issues to conduct this study, 
such as the National Foreign Language Center at the University of 
Maryland. This Center is a leading institution on language issues and 
has already begun work on how a reserve corps could be made 
operational.
  The report should also take into account the assets that already 
exist in the Federal Government that might facilitate the establishment 
of the corps, such as the capability of the Defense Language Institute 
to test for language proficiency and maintenance of skills. Foreign 
language skill registries, such as the one proposed by the gentlemen 
from California, Mr. Farr, could also be the basis for drawing up a 
reserve corps.
  I am grateful to James Bamford for his work on this issue and for 
proposing the idea of a reserve corps. This amendment is co-sponsored 
by Messrs. Gibbons, Farr and Reyes.
  Mr. BISHOP. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I want to begin by congratulating the gentleman from 
Indiana (Mr. Roemer), the gentleman from Nevada (Mr. Gibbons), the 
gentleman from Texas (Mr. Reyes), the gentleman from New York (Mr. 
Boehlert), and the gentleman from California (Mr. Farr) for their work 
on this amendment. They have been leaders on the language issue, 
constantly seeking creative solutions to what is a very serious 
problem.
  Looking outside the ranks of current employees for highly skilled 
linguists who are willing to bring their talents to bear in an 
emergency situation is an idea that is well worth exploring. This 
amendment would permit a thorough study of the idea, which would, in 
turn, permit a reasoned judgment to be made on the potential.
  I urge the adoption of the amendment and I congratulate those who 
have offered it. It is very well taken.
  Mr. GIBBONS. Mr. Chairman, I move to strike the requisite number of 
words.
  (Mr. GIBBONS asked and was given permission to revise and extend his 
remarks.)
  Mr. GIBBONS. Mr. Chairman, I also rise in strong support of this 
amendment. I want to congratulate my colleague and friend from Indiana 
(Mr. Roemer) for his leadership on this issue, as well as my other 
colleagues who are in co-sponsor of this and who have worked hard to 
provide a rather remarkable amendment that I think is going to do great 
work to improve the bill and to improve our linguistic skills. I also 
want to thank the chairman of the committee, the gentleman from Florida 
(Mr. Goss) and the ranking member, the gentlewoman from California (Ms. 
Pelosi) for their work and their help on getting this amendment 
through.
  I also want to thank one of the staff members who is not here this 
evening who has not been mentioned, Mr. Brant Bassett, a staff director 
for HUMINT committee, whose work and insight into this amendment has 
been very helpful.
  Mr. Chairman, I have served for 6 years on the Permanent Select 
Committee on Intelligence, and throughout that time I have heard a 
constant theme, that we lack linguistic skills across the board in 
terms of needed languages that are going to help us identify areas that 
we can gather intelligence from. And as a result, this amendment is 
going to allow us to expand our horizons with the ability to pull 
together a cadre of skilled people with languages skills that we need.
  Terrorists today are speaking all kinds of languages, many of which 
we do not have adequate levels of trained individuals in. Languages 
like Pashtu, Urdu, Arabic. These language skills are available out 
there if we pull these people together and train them in a cadre of 
reserve organization that allow them in a time of crisis to be drawn 
together, to be utilized to help this Nation do better with its 
intelligence needs and language skills.
  With that, Mr. Chairman, I would like to conclude my remarks once 
again by thanking the gentleman for his leadership on this issue.
  Mr. FARR of California. Mr. Chairman, I move to strike the requisite 
number of words.
  Mr. Chairman, I hope I do not have to consume 5 minutes. I just want 
to thank everybody who helped co-sponsor this and the committee members

[[Page H5448]]

who have really focused on what I think is a very important issue. I 
think while we are thanking them we also have to thank the desk staff 
would have been here all day and they have to be back here early 
tomorrow morning. This has been a long day, and the old adage that the 
mind cannot comprehend what the seat cannot endure, I hope we can 
continue to finish this work.
  What this amendment is all about is recognizing, America has 
linguists and we have language teachers and we have language 
institutions but we have not brought them all together so we can make 
them skilled linguists. And in order to do that, I come from a district 
where we have a really relevant assets, relevant institutions to do 
that, to teach the languages.
  The largest foreign language school in the world is the the old Army 
language school now called the Defense Language Institute in Monterey, 
California, and next to it a private nonprofit called the Monterey 
Institute of International Studies which offers the Nation's only 
masters degree in translation and interpretation.
  The committee has clearly identified one of the most acute problems 
in our intelligence collection efforts and that is how do you keep 
training and upgrading and learning how to train with the technology 
that we have skilled linguists. So I applaud my colleagues on the 
committee on their efforts to improve our Nation's assets by calling 
for the Intelligence Community Language University. There can be no 
doubt that the time is now to stand up this new foreign language 
school. It does not necessarily have to be a new place at a new 
university so to speak. It could be a university within a university 
and that is what the report will inform us.

                              {time}  0230

  The committee adopted another initiative at my suggestion to foster a 
cooperative relationship between the National Security Education 
program and the Defense Language Institute to enhance the development 
of national security professionals and foreign area experts with high 
levels of foreign language proficiency.
  In the effort to help the Federal Government meet the challenge of 
hiring linguists more quickly, I was successful in adding report 
language to the DOD appropriations bill and the DOD authorization bill 
this year to create the National Language Skills Registry. What happens 
is that we train people as linguists, and as long as they are in the 
Federal employment, we can keep track of them; but the minute they 
leave the Federal employment, we have no knowledge of them.
  So by creating this National Foreign Language Skills Registry, it is 
a voluntary program where ones with these skills could be kept in a 
file and an electronic file, and we would know exactly where our 
language assets are around the United States rather than having, as we 
saw last year after 9-11, the FBI director having to go out and 
advertise for people, people that spoke Farsi and other languages.
  The Permanent Select Committee on Intelligence report will look at 
the national foreign language skills registry as a starting point and 
consider the resources of the Defense Language Institute in making its 
recommendation to create a civilian linguist reserve corps.
  Taken together, I think my colleagues on the House Permanent Select 
Committee on Intelligence are taking the first real substantial step to 
close the gap in language capacity among our intelligence community.
  I urge the adoption of this amendment, and I really want to thank our 
colleagues. The hour is late. They have done a marvelous job, and I 
appreciate their focus on this very important issue.
  Mr. GOSS. Mr. Chairman I move to strike the requisite number of 
words.
  I thank the gentleman from Indiana (Mr. Roemer), the gentleman from 
Nevada (Mr. Gibbons) and the gentleman from California (Mr. Farr) and 
several others I suspect have had a hand in this and they have actually 
made a very valuable contribution in offering this amendment to 
establish a civilian linguist reserve corps.
  I think it is a good idea, and I think I read an article not too long 
ago by Jeff Porter saying that we had capabilities that were not being 
properly utilized in this area, and I think this is a very creative 
response and I am very happy to accept it.
  The events of September 11, 2001, and the ongoing war against 
terrorism has shown us that America must have a linguistic quick 
response capability, and there is no reason why we cannot.
  On behalf of the committee, I am very pleased to congratulate those 
involved in this and to accept the bipartisan amendment that we have.
  The CHAIRMAN pro tempore (Mr. Whitfield). The question is on the 
amendment offered by the gentleman from Indiana (Mr. Roemer).
  The amendment was agreed to.


     Amendments No. 6 and No. 7 Offered by Mr. Hastings of Florida

  Mr. HASTINGS of Florida. Mr. Chairman, I offer two amendments, No. 6 
and No. 7, and I ask unanimous consent they be considered en bloc.
  The CHAIRMAN pro tempore. The Clerk will designate the amendments.
  The text of the amendments are as follows:

       Amendments No. 6 and No. 7 offered by Mr. Hastings of 
     Florida:
       At the end of the title III (page 21, after line 11), 
     insert the following new section:

     SEC. 311. SENSE OF CONGRESS ON DIVERSITY IN THE WORKFORCE OF 
                   INTELLIGENCE COMMUNITY AGENCIES.

       (a) Findings.--Congress finds the following:
       (1) The United States is engaged in a war against terrorism 
     that requires the active participation of the intelligence 
     community.
       (2) Certain intelligence agencies, among them the Federal 
     Bureau of Investigation and the Central Intelligence Agency, 
     have announced that they will be hiring several hundred new 
     agents to help conduct the war on terrorism.
       (3) Former Directors of the Federal Bureau of 
     Investigation, the Central Intelligence Agency, the National 
     Security Agency, and the Defense Intelligence Agency have 
     stated that a more diverse intelligence community would be 
     better equipped to gather and analyze information on diverse 
     communities.
       (4) The Central Intelligence Agency and the National 
     Security Agency were authorized to establish an undergraduate 
     training program for the purpose of recruiting and training 
     minority operatives in 1987.
       (5) The Defense Intelligence Agency was authorized to 
     establish an undergraduate training program for the purpose 
     of recruiting and training minority operatives in 1988.
       (6) The National Imagery and Mapping Agency was authorized 
     to establish an undergraduate training program for the 
     purpose of recruiting and training minority operatives in 
     2000.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Director of the Federal Bureau of Investigation 
     (with respect to the intelligence and intelligence-related 
     activities of the Bureau), the Director of Central 
     Intelligence, the Director of the National Security Agency, 
     and the Director of the Defense Intelligence Agency should 
     make the creation of a more diverse workforce a priority in 
     hiring decisions; and
       (2) the Director of Central Intelligence, the Director of 
     National Security Agency, the Director of Defense 
     Intelligence Agency, and the Director of National Imagery and 
     Mapping Agency should increase their minority recruitment 
     efforts through the undergraduate training program provided 
     for under law.
       Amendment No. 7. At the end of title III (page 21, after 
     line 11), insert the following new section:

     SEC. 311. ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY 
                   EMPLOYEES IN THE INTELLIGENCE COMMUNITY.

       Section 114 of the National Security Act of 1947 (50 U.S.C. 
     404i) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Annual Report on Hiring and Retention of Minority 
     Employees.--(1) The Director of Central Intelligence shall, 
     on an annual basis, submit to Congress a report on the 
     employment of covered persons within each element of the 
     intelligence community for the preceding fiscal year.
       ``(2) Each such report shall include disaggregated data by 
     category of covered person from each element of the 
     intelligence community on the following:
       ``(A) Of all individuals employed in the element during the 
     fiscal year involved, the aggregate percentage of such 
     individuals who are covered persons.
       ``(B) Of all individuals employed in the element during the 
     fiscal year involved at the levels referred to in clauses (i) 
     and (ii), the percentage of covered persons employed at such 
     levels:
       ``(i) Positions at levels 1 through 15 of the General 
     Schedule.
       ``(ii) Positions at levels above GS-15.
       ``(C) Of individuals hired by the head of the element 
     involved during the fiscal year involved, the percentage of 
     such individuals who are covered persons.
       ``(3) Each such report shall be submitted in unclassified 
     form, but may contain a classified annex.
       ``(4) Nothing in this subsection shall be construed as 
     providing for the substitution

[[Page H5449]]

     of any similar report required under another provision of 
     law.
       ``(5) In this subsection, the term `covered persons' 
     means--
       ``(A) racial and ethnic minorities,
       ``(B) women, and
       ``(C) individuals with disabilities.''.
  The CHAIRMAN pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  (Mr. HASTINGS of Florida asked and was given permission to revise and 
extend his remarks.)
  Mr. HASTINGS of Florida. Mr. Chairman, let me join those that have 
thanked everyone that has been involved in developing this very fine 
legislative undertaking, and especially thank all of the staff that 
have worked with all of us in developing this. Specifically I would 
like to thank Wendy Parker for her efforts in working with my office, 
as well as other members of the staff and also to thank the court 
reporters and the desk staff from the Clerk's office and all of those 
with the Speaker's office who have stayed with us throughout the night.
  With the permission of the Chair, and with the ranking member 
designee's permission and the Chair's permission, my understanding is 
that neither of the amendments that I am offering are likely to be 
controversial, and in the interest of time, I am placing my full 
statement in the Record, and allow me, since they know that one of 
these measures speaks to the subject of diversity and ethnicity and 
helps to strengthen our ability to achieve that, as has been stated by 
many in the agencies that they wish to accomplish.
  The other amendment facilitates the reporting, seguing off of the one 
that we just finished in an effort to fill some of the community's gaps 
in language and analytical skills, and I am submitting the statement 
for the Record.
  Mr. Chairman, I rise to introduce the second of two amendments I am 
offering to H.R. 4628. The first calls for increased minority 
recruitment by the intelligence community, in an effort to fill some of 
that community's gaps in language and analytical skills. The second 
amendment facilitates Congressional oversight of that process.
  Mr. Chairman, the amendment I am offering at the current moment 
instructs the Director of Central Intelligence to issue an annual 
report to Congress on the hiring and retention of minorities by the 
intelligence community. Such a report will allow this body to monitor 
the progress of the intelligence community's efforts to recruit and 
retain minorities.
  Like my previous amendment and the underlying bills, this amendment 
is non-controversial. After all, intelligence agencies have been 
providing reports on minority hiring and retention to the House 
Permanent Select Committee on Intelligence since the early 1990's. My 
amendment simply makes the unclassified versions of those reports 
available to the larger Congress.
  Likewise, this amendment does not in any way jeopardize our national 
security by revealing the number of individuals working at our various 
intelligence agencies. Figures published in the report would be 
percentages, not absolute numbers. This provision is in keeping with 
current guidelines for maintaining the integrity of classified 
information.
  Mr. Chairman, let me reiterate, minority recruitment is critical to 
the maintenance of our national security. Congress has a role in the 
maintenance of our intelligence infrastructure. That role is to provide 
effective oversight. This amendment will allow myself and my colleagues 
in this body to do just that.
  I urge my colleagues to support my amendment.
  Mr. Chairman, it was just 3 years ago that the Director of Central 
Intelligence, George Tenet, stated, and I quote:

       To combat the threats our country will be facing in the 
     decades ahead, we will need [intelligence] collectors from 
     diverse Ethnic backgrounds and with a wide range of expertise 
     who can think and communicate like our targets and pierce 
     their human and technical networks. We will also need 
     analysts whose deep knowledge of other societies, cultures 
     and languages can bring important perspectives to 
     intelligence assessments.

  At the time that Mr. Tenet made this statement, only 11 percent of 
the case officers at the CIA were racial or ethnic minorities. 
Tragically, that number has barely changed in the intervening years.
  Realize, Mr. Chairman, this country is attempting to gather 
information on a world which is 50 percent non-white with an 
intelligence apparatus that is barely 11 percent non-white.
  How can we expect to understand them if we do not talk like them? How 
can we expect to infiltrate them if we do not look like them?
  And what has the intelligence community's failure to recruit and 
retain minorities brought us? Today, Mr. Speaker, there are large areas 
of this globe where the United States is unable to collect intelligence 
for want of agents who possess the requisite cultural literacy and 
language skills. At the FBI, CIA and NSA, untranslated tapes of 
wiretapped conversations pile up, awaiting analysts with the proper 
language skills to translate them.
  Right now, as we sit here in this chamber, the intelligence operation 
in Guantanamo Bay is bogged down by a lack of translators. This sorry 
state of affairs must not be allowed to persist.
  My amendment expresses the sense of Congress that the directors of 
the CIA, DIA, NIMA and the NSA use every means at their disposal to 
make minority recruitment and retention a priority in their hiring 
decisions. The CIA, DIA, NSA, and NIMA all have Undergraduate Training 
Programs; a minority scholarship program introduced by former Chairman 
of the House Permanent Select Committee on Intelligence, Louis Stokes, 
in 1987. My amendment urges the directors of these agencies to use this 
existing program to increase minority recruitment.
   Mr. Chairman, make no mistake, minority recruitment is critical to 
the maintenance of our national security. The passing of this amendment 
will send a strong message that the House of Representatives supports 
the goal of increasing minority representation in the intelligence 
community for the purpose of strengthening our intelligence 
infrastructure.
  I urge my colleagues to support this much needed amendment.
  Mr. BISHOP. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, in my view, few things could contribute more to 
enhancing the mission success in the intelligence community than 
increasing diversity in the workforce. When he was on the committee, 
the gentleman from Florida (Mr. Hastings) was a leader working with the 
gentleman from Texas (Mr. Reyes), me, along with several others, to 
encourage efforts by the agencies to place a priority on hiring people 
with diverse ethnic, religious and cultural backgrounds.
  It is a tribute to his commitment that despite his absence from the 
committee the gentleman from Florida (Mr. Hastings) continues to work 
hard on this important issue.
  With hiring being accelerated in the intelligence agencies, now is 
the time to make significant progress on the diversity issues by making 
full use of existing recruitment programs targeted on minorities, and 
by developing creative new ones, I am confident that such progress can 
be made.
  The gentleman from Florida's (Mr. Hastings) amendments expressing the 
sense of Congress on diversity and in the intelligence community and 
requiring an annual report on hiring and retention of minority 
employees will contribute to this end. I commend him for this work and 
I urge that the amendments be adopted.
  Mr. GOSS. Mr. Chairman, I move to strike the requisite number of 
words.
  It is true that my colleague from Florida has been a champion on the 
Permanent Select Committee on Intelligence and elsewhere on behalf of 
the thoughts that these two amendments contain and that is making sure 
that we are getting adequate reporting back from the intelligence 
community on their efforts on diversification and encouraging a broader 
and richer, I think, capability in the community by utilizing 
diversification, and we have had a couple of hearings that I think have 
been helpful.
  I know that the gentlewoman from California (Ms. Pelosi) has also 
been a champion in this area, and I congratulate all involved and 
particularly the gentleman from Florida (Mr. Hastings) this evening.
  The fact is the intelligence community does need diversity in a very 
bad way. This is a global world and that message needs to continue to 
be reinforced. So I am very happy to accept the en bloc amendment 
presented by the gentleman from Florida (Mr. Hastings).
  The one caveat I would offer is a minor caution, and that is, we have 
some reporting now and I want to make sure we are not creating a 
duplication. I would rather take what we have and make sure it is what 
we need and what we want rather than create another requirement. So if 
the gentleman from Florida (Mr. Hastings) will help me with that, maybe 
we can streamline that a little bit.
  Mr. HASTINGS of Florida. Mr. Chairman, will the gentleman yield?

[[Page H5450]]

  Mr. GOSS. I yield to the gentleman from Florida.
  Mr. HASTINGS of Florida. Mr. Chairman, the gentleman has my assurance 
that I will do everything I can to strengthen it in the way he has put 
forward.
  Mr. GOSS. The gentleman continues to make a contribution to the 
committee, and we hope to see him again.
  Ms. PELOSI. Mr. Chairman, I move to strike the requisite number of 
words.
  Mr. Chairman, the hour is late and I would like to say more, but I do 
want to very enthusiastically commend the gentleman for this very 
important amendment.
  On the committee we have had a tradition of chairman Louis Stokes, 
our former colleague, when he was the Chair of the committee, was a 
champion for promoting diversity in the intelligence community. That 
banner was later carried by our late colleague Congressman Julian Dixon 
as ranking member of the committee, and now the gentleman from Florida 
(Mr. Hastings) and others on the committee are advancing this.
  All of us have worked very hard to impress upon the intelligence 
community the value of diversity to mission success. We want the very 
best people, and we want to draw upon the knowledge of other cultures, 
the language, the possibility, the opportunities, the personalities 
that are in our country and that understand the culture of other 
countries.
  Part of the success of intelligence is understanding plans and 
intentions. It takes a great deal of access and imagination. Diversity 
brings both of those in a way that I think we are missing and have a 
deficit in our current intelligence resources.

                              {time}  0240

  We have tremendous resources, however. We are blessed with courageous 
and patriotic people who work every day to protect the American people. 
That resource can be improved and enhanced by the work that the 
gentleman from Florida (Mr. Hastings) is presenting here this evening.
  We cannot say it enough. We need to expand the diversity of our 
workforce, and we need to expand the language capabilities to another 
issue that was addressed here this evening. We hope that the amendment 
of the gentleman from Florida will build upon the work of Mr. Stokes 
and our dear late colleague Mr. Dixon in a way that will be exponential 
in light of the new hires that will have to happen in light of 
September 11.
  Again, I commend the gentleman and my distinguished chairman for 
agreeing to the amendment.
  The CHAIRMAN pro tempore (Mr. Whitfield). The question is on the 
amendments offered by the gentleman from Florida (Mr. Hastings).
  The amendments were agreed to.
  The CHAIRMAN pro tempore. Are there other amendments?
  If not, the question is on the committee amendment in the nature of a 
substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIRMAN pro tempore. Under the rule, the committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
Portman) having assumed the chair, Mr. Whitfield, Chairman pro tempore 
of the Committee of the Whole House on the State of the Union, reported 
that that Committee, having had under consideration the bill (H.R. 
4628) to authorize appropriations for fiscal year 2003 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, pursuant to 
House Resolution 497, he reported the bill back to the House with an 
amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the amendment.
  The amendment was agreed to.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time, and passed, and a motion to reconsider was laid on 
the table.

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