Congressional Record, Volume 157 Issue 65 (Thursday, May 12, 2011)

[Congressional Record Volume 157, Number 65 (Thursday, May 12, 2011)]
[House]
[Pages H3244-H3257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2011

The SPEAKER pro tempore. Pursuant to House Resolution 264 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. 754.

{time} 1442

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. 754) to authorize appropriations for fiscal year 2011 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. Yoder in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from Michigan (Mr. Rogers) and the gentleman from
Maryland (Mr. Ruppersberger) each will control 30 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. ROGERS of Michigan. Mr. Chairman, I yield myself such time as I
may consume. All time yielded is for the purposes of debate only.
Mr. Chairman, I wish to announce that subsequent to reporting the
bill, the committee has modified the classified annex to the bill with
respect to the authorized level of funding for certain programs, with
bipartisan agreement between myself and the ranking member, Mr.
Ruppersberger. The classified annex containing the modified schedule of
authorizations is available for review by all Members of the House,
subject to the rules of the House and the Permanent Select Committee on
Intelligence, under which procedures were described in my announcement
to the House on May 3, 2011. The modified schedule of authorizations is
and has been available for review by Members and the period of time
required by the rules of the House.
Mr. Chairman, the annual intelligence authorization bill, I do
believe, is one of the most important bills that will pass in the House
each year. I want to thank my ranking member, Mr. Ruppersberger. We sat
down at the beginning of January and decided that matters of national
security were too important for infectious partisan debate and rhetoric
and we decided that we would work out through every cause, as
congenially as possible, and agree where we could, on every matter that
we had a difference on, moving forward on, again, matters of
intelligence and matters of national security.
I think the product we see on the floor today reflects that
commitment and that working relationship, and I want to commend Mr.
Ruppersberger and the entire House Permanent Select Committee on
Intelligence for their work, their cooperation, and their commitment to
our national security to the United States.
We recently saw the successful mission against Osama bin Laden. Our
intelligence professionals remain on the front lines in America's
defense against our enemies. For the last 6 years, Congress has failed
to pass a bona fide intelligence authorization bill with funding
authority. Instead, yearly appropriation bills have simply deemed
intelligence funding to be authorized.
We must, and I think we agree in a bipartisan way, stop that trend
and stop it this year. The continued success of our intelligence
community requires effective and aggressive congressional oversight.
Such oversight can only be achieved if we get back in the habit of
meeting our responsibility of passing an intelligence authorization
bill every year.
Mr. Chairman, we have men and women scattered all across this globe
who are engaged daily in sometimes often very dangerous work of
collecting information to provide our policymakers and our warfighters
the information they need to defeat our enemy. From trying to catch
spies here in the United States by our FBI to recruiting people who
want to cooperate and help the United States on tough issues like
nuclear proliferation or terrorism efforts targeted against us or our
allies, these folks log countless hours, risk their lives, spend time
away from their families, and deserve our praise and our commitment
that we will work with them to give them the tools that they need to be
successful.
I can't think of a more important time in our history where I have
seen intelligence play such an important

[[Page H3245]]

role in our world affairs. The world is changing before our eyes, and
our intelligence community is providing us the information we need, not
just to be safe, but to make good decisions on what that world looks
like and what our national interests are country by country, region by
region.
I am particularly pleased that this bill has such strong bipartisan
support. The legislative provisions are intentionally limited to focus
our attention on providing necessary resources to the men and women of
the intelligence community as provided in the classified annex. The
secrecy that is a necessary part of our country's intelligence work
requires that the congressional Intelligence Committees conduct strong
and effective oversight on behalf of the American people, and that
strong and effective oversight is possible. But without that annual
intelligence authorization bill, the bill that we will pass today--we
must get back in the habit of passing that bill every year.
We make important commitments in this bill, Mr. Chairman, for the
priorities of the intelligence community. Technology has fused in the
intelligence collection like I have never seen it, and its increase is
exponential over the past 10 years.
We make important investment in the new technologies that allow our
intelligence officials and professionals to do the work they need to
do. It makes them more effective, and it also makes the investment in
the people who oversee that technology even more important. We make
that important investment in this FY 2011 intelligence authorization
bill as well.
Nothing brings that home like the broad scope of what we saw
participate in the Osama bin Laden event of last Sunday. Every single
intelligence agency, and I do mean every single one, played a part in
that operation, from collecting small bits of information, from putting
that piece together, signals intelligence, satellite intelligence,
MASINT intelligence, all of those things came together over the course
of 10 years.
I credit George Bush and his administration for assembling this new
intelligence community that really started after 9/11 and President
Obama for making the authorization and the continued policies that
allowed us to have that information to go after Osama bin Laden. It was
really quite an impressive thing. Both administrations deserve credit
for that, and I would hope that today the people of the House of
Representatives would celebrate that victory and all the work of the
unsung heroes who work in the shadows by passing this FY 2011 so they
can get about the business of protecting the United States.
I appreciate, again, this bipartisan consensus.
I reserve the balance of my time.

{time} 1450

Mr. RUPPERSBERGER. Mr. Chair, I yield myself such time as I may
consume.
First, I rise in support of H.R. 754, the Intelligence Authorization
Act for FY 2011.
The men and women in the military and intelligence community who
helped locate al Qaeda leader Osama bin Laden exemplify the
extraordinary courage and skill of those who work tirelessly to keep
our community safe. They should be commended for a job well done. But
our fight against terrorism is not over. We have severely weakened al
Qaeda, but we must remain vigilant as we work to eliminate this threat.
I believe that it's our responsibility to give our intelligence
professionals the resources, capabilities, and authorities they need to
do their jobs successfully.
The Intelligence Authorization Act for FY 2011 has thousands of
civilian positions above the level enacted in FY 2010 and above the
level of people currently on board. This includes counterterrorism
positions at the CIA and a large increase in personnel at the National
Counterterrorism Center, the NCTC. The bill also adds hundreds of
millions of dollars for intelligence above current levels. In response
to the Web site WikiLeaks, the bill includes an insider threat
detection program that automatically monitors unauthorized access to
classified information.
The way Congress conducts effective oversight of the intelligence
community is by passing an Intelligence authorization bill to give the
intelligence community budgetary direction.
When I first got to the Intelligence Committee 8 years ago, right
after 9/11, I was concerned with the lack of coordination and
communication within the intelligence community. In the different areas
in intelligence--the CIA, NSA, FBI--there was not the communication or
coordination that was necessary. But this has definitely changed today.
The Osama bin Laden mission proved that. Professionals from all across
the intelligence community, including the CIA, NGA, NSA, and Special
Ops, all came together as a team to get the job done. We are now on our
game. We're working together. We're better than we've ever been. And we
clearly have sent a message to the world: If you're going to attack
Americans, if you're going to kill Americans, we're going to find you
and we're going to bring you to justice.
On the House Select Intelligence Committee we work together. Chairman
Rogers, as he stated before, and I have agreed to work together in a
bipartisan manner. The stakes are too high not to do so. I join
Chairman Rogers in saying politics has no place in the Intelligence
Committee. The threats are real and the stakes are too high. Sure, we
will have disagreements. We will disagree from time to time on policy.
But we will work together to work through these issues to do what is
right for the intelligence community to protect our country and our
national security. This is what we did in this budget.
After months of negotiations with the majority and a number of
changes to address many of the concerns of the administration, I
believe this bill moves in a positive direction. It goes a long way to
help our intelligence professionals get the job done.
I reserve the balance of my time.
Mr. ROGERS of Michigan. I yield 1 minute to the distinguished member
of the Intelligence Committee, the gentleman from New Jersey (Mr.
LoBiondo).
Mr. LoBIONDO. I would like to start out by thanking you, Chairman
Rogers and Mr. Ruppersberger, for refocusing the efforts of the Intel
Committee on that which is critically important with the authorization
and oversight for our intelligence community.
We have incredibly dedicated men and women who are putting their
lives on the line every day in a way that almost all of America will
never know. These individuals deserve nothing less than the full
attention and help from Congress in the authorization and helping them
with the programs that are necessary to continue the dramatic successes
such that we've seen with Osama bin Laden.

=========================== NOTE ===========================

May 12, 2011, on Page H3245, the following appeared:We have
incredibly dedicated men and women . . . Obama bin Laden.

The online version should be corrected to read:We have
incredibly dedicated men and women . . . Osama bin Laden.

========================= END NOTE =========================

They have successes every day, ladies and gentlemen. They're not as
high profile as the one we had last week, but many of them are just as
important. Without the Intelligence authorization bill, we're having
them go out with one arm tied behind their backs. It's unfair to them;
it's unfair to the country. In these times of turbulence, with an enemy
that is bound and determined to hurt our country, we rely on our
intelligence community and the great work that they do. This bill will
help them do that.
Mr. RUPPERSBERGER. I yield 3 minutes to a senior member of the
Intelligence Committee, the ranking member of the Terrorism
Subcommittee, the gentleman from California (Mr. Thompson).
Mr. THOMPSON of California. I thank Mr. Ruppersberger for yielding,
and I thank Mr. Ruppersberger and Mr. Rogers for their good work in the
committee.
As ranking member of the Subcommittee on Terrorism, Human
Intelligence, Analysis, and Counterintelligence, I'm pleased that we
were able to work through our differences to bring a stronger and now
bipartisan Intelligence authorization bill to the floor today.
H.R. 754 will support critical U.S. intelligence capabilities by
increasing resources for our country's counterterrorism efforts while
also providing needed flexibility to the Central Intelligence Agency to
hire the analysts that it needs.
Last year, under the leadership of then-Speaker Pelosi and Chairman

[[Page H3246]]

Reyes, President Obama signed the first Intelligence Authorization Act
in 6 years. That bill included a number of long overdue provisions that
supported critical U.S. intelligence capabilities, significantly
enhanced congressional oversight, and improved accountability across
the entire intelligence community. Today's bill builds on that effort
and represents an important step forward towards enacting an
Intelligence authorization bill for the second year in a row.
Unfortunately, the process used to produce this bill was badly flawed
and there weren't proper hearings to get to where we are now. And
that's evidenced by the amendments that we are able to get into this
bill to bring it up to the position that it's in. However, with the
changes made to the classified annex, I believe this authorization will
strengthen our national security and is in the best interest of our
intelligence community.
Specifically, the additional funds authorized by this bill to hire
more counterterrorism analysts will make our country safer and more
secure. It was, after all, counterterrorism analysts that located Osama
bin Laden after he had disappeared for nearly 10 years and that are now
tracking senior al Qaeda leadership around the globe. By providing more
resources to this critical effort, our intelligence community will be
able to confront head-on the threat posed by al Qaeda and other
terrorist organizations throughout the world. In fact, given the recent
success of our counterterrorism effort, this is the strategy we should
pursue over our counterinsurgency campaign in Afghanistan, which has
not shown the results Congress expected or that the American people
demand. This tactical change would significantly reduce our military
footprint in countries around the world while allowing our military and
intelligence assets to confront terrorism threats wherever they're
developed.
Mr. Chair, our intelligence community must be prepared for any and
all threats, making it all the more critical for Congress to pass an
Intelligence authorization that furthers our national security.
The CHAIR. The time of the gentleman has expired.
Mr. RUPPERSBERGER. I yield the gentleman 30 additional seconds.
Mr. THOMPSON of California. This legislation is necessary, will
enhance the capabilities of the intelligence community, specifically
our counterterrorism efforts, and will make our Nation safer.
I urge my colleagues to support this bill and thank the members of
our intelligence community and their families for their great work and
their sacrifice.
Mr. ROGERS of Michigan. Mr. Chairman, I yield 2 minutes to
gentlewoman from the great State of North Carolina (Mrs. Myrick), a
distinguished member of the Intelligence Committee.
Mrs. MYRICK. I'm delighted to be here today because this is a good
moment for our intelligence community that we are going to pass an
Intelligence bill.
You've heard it said it has been 6 years since there has been an
authorization for these people. They are out there every single day in
every single agency doing what they do so we can be here to be able to
discuss this on the floor and to live freely in this country and around
the world. It's extremely important that they have the knowledge and
security of knowing that what they do is approved of and authorized by
this committee in the House.
It has been good to have a bipartisan agreement in the sense that we
worked very well together. Mr. Rogers and Mr. Ruppersberger worked
extremely well. Myself and Mr. Thompson, who chair one of the
committees, work very well together. The committee members do. And so
it's encouraging that we're able to move forward in a way that's very
positive for the people of this country relative to their national
security.
So I urge all of my colleagues to support this bill.
Mr. RUPPERSBERGER. I yield 3 minutes to the distinguished gentleman
from Kentucky (Mr. Chandler), a hardworking member of the Technical and
Tactical Subcommittee of the Intelligence Committee.

{time} 1500

Mr. CHANDLER. I thank the gentleman from Maryland for yielding.
Osama bin Laden, one of the worst men to walk the Earth since Adolf
Hitler, is dead. While on the run for many years, bin Laden continued
to plan and coordinate attacks against Americans. He was only found and
killed because of the brave men and women in our military and in our
intelligence community. We have some of the best intelligence
operations in the world, and if we want to continue the fight against
terrorism, we need to keep it that way. This bill does just that.
The bill authorizes funding for the dedicated men and women of the
intelligence community to help them do their jobs and protect American
citizens. In my tenure on the intelligence committee, I have had the
privilege of visiting with many of the courageous and extremely bright
people who work in intelligence. After meeting them, there is no doubt
in my mind that we are in good hands, and I have a greater appreciation
for the work they do to keep America safe every day. It is incredibly
important that we support those efforts, especially in light of the
extraordinary job the intelligence community did in finding and killing
bin Laden.
These are tough times with our budget, but the security of our people
has got to be our priority.
Last year, under the leadership of Chairman Reyes, Congress passed
its first Intelligence authorization act since the 2005 bill. I applaud
both Chairman Rogers and Ranking Member Ruppersberger in their efforts
to work out a bipartisan compromise that would help maintain and
strengthen our impressive intelligence community. They've done a
tremendous job, and it's a breath of fresh air to see everybody working
so well together.
Mr. ROGERS of Michigan. Mr. Chairman, I yield 2 minutes to the
distinguished gentleman from Texas and a member of the Intelligence
Committee, Mr. Conaway.
Mr. CONAWAY. I thank the gentleman for yielding, I appreciate the
chairman's words, and I hope those aren't mutually exclusive, being
distinguished and being from Texas.
I rise in strong, strong support of this year's Intelligence
authorization bill and encourage my colleagues, all of them, to support
this. But with that strong support comes a modest amount of
disappointment in that, through no fault of anyone in particular, we
had to make a tough decision to strike section 412 from the bill, which
would have allowed certain elements within the intel community to set
up their own direct accounts with Treasury. It's a bit of an arcane
statement, but it allows greater steps toward achieving auditability
across the intelligence community. This provision was intended to
promote this goal of better financial accountability and insight into
our classified spending.
The intelligence community, Mr. Chairman, must meet the same
financial accounting standards as the rest of the government. Those
accounting standards will help uncover savings in current programs that
can be reinvested into vital intelligence priorities or returned to the
taxpayers.
While I am disappointed that the provision was not in the 2011 bill,
I have already had good conversations with the chairman in reference to
the 2012 bill, which will be in committee in the next couple of weeks,
so that we can continue to move the intelligence community, their
various slots, toward accountability, which is important for the
taxpayer, and it helps give management a reliable tool. If they've got
those systems, got the internal controls in place, it will give them
tools in order to manage the money, the precious resources that we take
from the taxpayers and entrust to the intelligence community to do the
great work that they have done over these past years.
There is no greater example of that, of course, than the find-and-fix
portion of the bin Laden experience that we saw play out on May 1 and
2, a terrific achievement by folks whose faces will never be seen,
whose names will never be known except to them and their colleagues.
They'll know who they are. They'll have that great pride of knowing
they've done great work for this country using the tools that we
provide them.

[[Page H3247]]

I urge my colleagues to support the reauthorization bill.
Mr. RUPPERSBERGER. Mr. Chairman, how much time is remaining?
The CHAIR. The gentleman from Maryland has 21\1/2\ minutes remaining,
and the gentleman from Michigan has 20 minutes remaining.
Mr. RUPPERSBERGER. I reserve the balance of my time.
Mr. ROGERS of Michigan. I yield 2 minutes to the appropriator member
of the House Intelligence Committee, the gentleman from New Jersey (Mr.
Frelinghuysen).
Mr. FRELINGHUYSEN. I thank the chairman for yielding, and I rise in
support of this reauthorization.
Mr. Chairman, I also rise to pay tribute to the dedicated men and
women of our intelligence community. Their work is not an easy job in
the best of times, but over the last 10 years, they've carried an
especially heavy day-to-day burden. They work long hours under
tremendous pressure, mostly in obscurity, to ensure that Americans are
protected everywhere. They are the unsung heroes of national security,
and we owe them more than we can possibly repay.
My colleagues, as a Member of the House from a ``9/11 State,'' I take
very seriously the findings of the 9/11 Commission. One of the key
recommendations of the commission was the need to improve coordination
of the numerous congressional committees charged with overseeing and
funding the intelligence community and its many activities.
To this end, I commend Chairman Mike Rogers for including me as part
of the intelligence team in his committee. I would also like to thank
Chairman Hal Rogers of the Appropriations Committee for seeing fit to
appoint me as one of three liaisons to the Intelligence Committee. We
are working closely with the Intelligence Committee to eliminate the
daylight that has existed in the past between these two important
committees and the legislation that's produced.
The bill Chairman Rogers and Mr. Ruppersberger have constructed does
ensure that our intelligence community has the tools and resources to
analyze, predict, respond, and counter all the threats to America and
Americans. I commend them for their effort. I am proud to be part of
their team.
Mr. RUPPERSBERGER. I continue to reserve the balance of my time.
Mr. ROGERS of Michigan. Mr. Chairman, I yield 2 minutes to the
gentleman from Georgia, also a member of the committee, Mr.
Westmoreland.
Mr. WESTMORELAND. I thank the chairman for yielding me this time.
I cannot stress enough the importance of passing this FY 2011
Intelligence authorization bill. This legislation will not only ensure
that our intelligence agencies are sufficiently funded to carry out
their functions, but it will hold them fiscally accountable.
It has been 6 years since Congress has passed a complete Intelligence
authorization bill. In years past, we have simply continued to ``deem''
funding for our intelligence programs to be authorized through other
appropriations bills. Well, our law expressly requires that we
explicitly authorize intelligence funding, and that is what we need to
do here. We need to start passing an authorization bill each year in
order to maintain the success of our intelligence communities and spell
out exactly what will be provided. I want to commend Ranking Member
Ruppersberger and Chairman Rogers for their work in working together to
make sure that this is made possible.
The significance of our country's intelligence cannot be overstated.
The killing of Osama bin Laden is a direct example of the meaningful
work that these agencies perform in order to protect us. We must
continue to provide these men and women with the resources and
capabilities that they need and not just place obstacles in their way
but give them the resources that will make their job easier and more
efficient. This authorization bill provides a detailed blueprint of
necessary budget needs for the 17 separate agencies that it covers. It
funds both military and civilian members of our intelligence community
and directly supports those involved in dangerous operations at home
and abroad. They are the very operations that are countering global
terrorism and monitoring foreign militaries. These are the operations
that make sure America stays on the cutting edge of intelligence
technology to be able to detect and thwart threats before they become
imminent. These are the people we must ensure are adequately funded.
I ask all my colleagues to support this bill.
Mr. RUPPERSBERGER. I continue to reserve the balance of my time.
Mr. ROGERS of Michigan. Mr. Chairman, I yield 1 minute to the
gentleman from Arizona (Mr. Flake).
Mr. FLAKE. I thank the gentleman for yielding, and I would just like
to engage in a colloquy briefly if we can.
As the gentleman knows, I have worked and he has worked to decrease
funding for the NDIC, the National Drug Intelligence Center. This is a
center that has received hundreds of millions of dollars over the
years, yet in 2005 a White House OMB report said that the NDIC ``has
proven ineffective in achieving its assigned mission.'' Reports
subsequent to that have pointed to similar failures and problems. Yet
it still received last year, I think, $44 million.

{time} 1510

I had intended to bring an amendment to this authorization bill, but
I don't want to hold up this important authorization for FY 11. If I
could just ask the chairman if he plans to bring an authorization bill
for 2012.
Mr. ROGERS of Michigan. Will the gentleman yield?
Mr. FLAKE. I yield to the gentleman.
Mr. ROGERS of Michigan. We plan to bring a bill for 2012, and I will
work with you on the NDIC. I couldn't agree more: it's important that
we continue to have the government effort focus on illicit drugs;
however, the National Drug Intelligence Center has done very little to
address this national priority, and I look forward to working with the
Member.
Mr. FLAKE. I thank the chairman.
Mr. ROGERS of Michigan. Mr. Chairman, I yield 1 minute to a
distinguished member of the Intelligence Committee, the gentleman from
Nevada (Mr. Heck).
Mr. HECK. Thank you, Mr. Chairman.
I would like to begin by recognizing our military's extraordinary
efforts to successfully close a painful chapter in American history. Of
course, the military could not have performed their mission so
successfully without our intelligence community's unflagging efforts.
The men and women of the intelligence community are the unsung heroes
of not only the mission to bring Osama bin Laden to justice but many
other successful counterterrorism operations, and they deserve
tremendous credit.
The successful bin Laden mission highlights the critical role our
intelligence community plays in protecting our national security. Two
of the intelligence community's chief weapons against terrorism are
information and the ability to communicate that information swiftly.
I'm proud to say that the airmen at Creech Air Force Base in my home
State of Nevada are critical to both capturing and communicating
information that is necessary for intelligence operations.
One reason Nevadans elected me last fall was to restore government
accountability and oversight. Secretary of Defense Gates and Chairman
of the Joint Chiefs of Staff Admiral Mullen both identified America's
growing debt as our number one national security concern.
As we're fighting the war on terror, we must not allocate resources
without due process.
The CHAIR. The time of the gentleman has expired.
Mr. ROGERS of Michigan. I yield the gentleman an additional 30
seconds.
Mr. HECK. And we must ensure the intelligence community is
accountable for their operations because most of their operations occur
outside of the public's view.
Chairman Rogers and Ranking Member Ruppersberger are doing incredible
work to make these ideas that we share a reality. I applaud their
dedication to restoring proper accountability and oversight to the
intelligence community. I am confident the Intelligence Authorization
Act provides the resources and latitude our intelligence community
needs while ensuring fiscal and operational responsibility.
That is why I urge my colleagues to vote ``yes'' on H.R. 754.

[[Page H3248]]

Mr. RUPPERSBERGER. I continue to reserve the balance of my time.
Mr. ROGERS of Michigan. Mr. Chairman, I yield 2 minutes to another
distinguished gentleman from the House Permanent Select Committee on
Intelligence, the gentleman from Florida (Mr. Rooney).
Mr. ROONEY. I thank the chairman and ranking member for their
leadership.
I rise today, Mr. Chairman, in support of the fiscal year 2011
Intelligence authorization legislation. On September 11, 2001, our
Nation faced the deadliest act of terror in U.S. history. On the
evening of May 1, 2011, the mastermind of those attacks, Osama bin
Laden, was brought to justice and killed while hiding in a compound in
Abbottabad, Pakistan.
Along with the sacrifices our Nation's troops have made over the past
10 years, our intelligence community has played an integral role in
fighting the war on terror and keeping America safe. The behind-the-
scenes work of the intelligence community leading up to the attack and
the raid in Abbottabad was critical to the success of the mission and
will continue to be a crucial asset to winning the war on terror.
Completing the Intelligence authorization bill is critical to
ensuring that our Nation's intelligence agencies have the tools they
need to remain at the forefront of global and national security. This
bill provides vital congressional oversight and policy guidance to the
intelligence community on behalf of the American people. Congress must
ensure these agencies are acting in our best interest and spending
taxpayer dollars wisely.
As a member of the House Intelligence Committee and the House Armed
Services Committee, I urge my colleagues to support this bill.
Mr. RUPPERSBERGER. I yield myself such time as I may consume.
There are two issues that I would like to discuss that we don't talk
about a lot, but I think it is important that we do raise the issue. I
know Chairman Rogers and I and the rest of the committee do work on
this issue, and that's our space program and that's also cybersecurity.
We, years ago, responded to Russia's putting up Sputnik by, in 10
years, putting a man on the Moon. What we did basically is we helped
create the science of rocket science. We did research and development,
and we were able to put a man on the Moon. That was a great day for the
United States of America when we did put a man on the Moon.
Now we're in a situation where our space program needs to move
forward. We have a lot of issues that we have to deal with in our space
program; and the main reason for that is that, if you control the
skies, you basically control the world. Space and satellites are so
important to what we do, not just from an intelligence point of view,
getting the information, taking the pictures, dealing with all sorts of
communications. These are things that we do in space, and we have to
keep moving ahead. We have to get our younger generation graduating
from our colleges to continue to go into space.
And the big threat there is China and Russia. China is putting
billions of dollars into space. Their goal is to go to the Moon, and it
is our concern that if they do that we have to be with them there. We
have to continue our research and development, and we have to be
vigilant in our space program. Russia, also, is very active in the
space area.
So it's something that isn't talked about a lot, but there's a lot of
money that goes into space; and I think we have to do a better job in
our military, in our space and intelligence, and let the public know
how important space is.
There's also another issue which is of great concern, I think, to the
United States of America's national security, and that is the issue of
cybersecurity. As we speak, we're being attacked by different
governments and who knows what else we're being attacked by, getting
information, relevant information, every day we speak. It's a very
serious issue; and, unfortunately, the public does not really
understand what cyber is about.
Our NSA is as good as any operation in the world in their technology
and developing the technology in order to protect our country. We don't
control the Internet other than a small part, our dot-mils, the
military part. So we have to make sure that our public understands how
important cybersecurity is, how we could be attacked.
We just recently had an attack about a month ago on NASDAQ. Just
think if we had a cyberattack on our banks and what the lack of
confidence would be for our public, and the government can't afford to
pay for it all. So there has to be an effort between our government,
our military, our NSA, between our private sector and between
individuals who have their personal computers. This is an area of the
future we need to focus on.
I reserve the balance of my time.
Mr. ROGERS of Michigan. Mr. Chairman, I want to commend Mr.
Ruppersberger for the last remarks. Cybersecurity is a real and growing
threat for the United States. We make serious commitments in this FY 11
bill, and we have pledged to work together on separate pieces of
legislation to put the United States in a better position to defend
itself against cybersecurity. Something that started out so long ago as
somebody in their mother's basement hacking into the local school to
change their grades has become whole nation-states using the Internet
and all of cyberspace to not only steal intellectual property from
private enterprise, attempt to hack and steal information from the
United States, but also use it for offensive purposes where we have
seen the Russians who when they went into Georgia use aggressively
cyber to prep the battlefield for their invasion, something that we all
need to worry about.
I want to, again, pledge to work with the ranking member on this
very, very important issue so that we can get on better footing as we
move forward.
Also, on the space, it is one of the things that has given the United
States a technological advantage in the world, something that we need
to continue to make those investments into the overhead architecture of
the United States from communication satellites to all of the things
that we do from space. And it is a serious investment on this country,
but when you look at the success of something like the Osama bin Laden
raid, you realize all of it, from space, to cyber, to signals
intelligence, to human intelligence, is something that was invested in
in this money; and I'm glad that the ranking member used this
opportunity to talk about those very important issues and the
commitment in this bill to start to put us on better footing for that.
I reserve the balance of my time.

{time} 1520

Mr. RUPPERSBERGER. Mr. Chairman, I believe many valid points have
been made in support of H.R. 754, the Intelligence Authorization Act
for Fiscal Year 2011.
First, I want to thank Mr. Rogers for his leadership and for working
together in a bipartisan way to do what's right for our country's
national security and to make sure that we do our job in the oversight
of all of the intelligence areas. Hopefully, we will continue this
relationship as we go forward.
I reserve the balance of my time.
Mr. ROGERS of Michigan. Mr. Chairman, I yield 2 minutes to the
gentleman from California (Mr. Nunes), a distinguished member of the
House Intelligence Committee.
Mr. NUNES. I would like to say thank you to Chairman Rogers and to
Ranking Member Ruppersberger for really taking the Intelligence
Committee and establishing its relevance back in the House. I know
we've had some disagreements in the past, but Chairman Rogers, along
with a lot of new members on the committee, have been working closely
with the Democrats in a bipartisan way to, I believe, make a real
difference in Congress' role in the intelligence community. I want to
commend both of them for their honest and hard work. It's never easy
because, as I'm learning now since being on the committee, it takes a
lot of hours, and it's a lot of hours on behalf of the members that
they have to commit to this committee; so having a chairman and a
ranking member to really lead us in that effort makes a big difference.
Mr. Chairman, let me speak to the issue at hand, which is that it is
very concerning that Congress has not completed an authorization bill
in 6 years

[[Page H3249]]

even though the terrorist threat has not lessened since September 11,
2001. This has limited an important oversight responsibility of the
Congress. The world is too dangerous for Congress not to be more
engaged in overseeing 16 intelligence agencies. We simply cannot
maintain the status quo of the 111th Congress and ignore laws that
require congressional oversight and the authorization of intelligence
operations by the House Intelligence Committee.
Congress must meet its responsibilities and again begin to pass
annual intelligence authorization bills, which are vital to ensuring,
among other things, that the men and women who really risk their lives
to be part of this intelligence community are properly funded to carry
out their critical mission of defending our country, such as the
mission we just saw a couple of weeks ago, that of the killing of Osama
bin Laden.
The CHAIR. The time of the gentleman has expired.
Mr. ROGERS of Michigan. I yield the gentleman 1 additional minute.
Mr. NUNES. Congress can no longer avoid its responsibilities when our
counterintelligence operations provide critical support to our combat
units in Iraq, Afghanistan, Libya, and in other important places across
the world or when our intelligence agencies require new, cutting-edge
technology or during a time of unprecedented unrest in the Middle East,
Southeast Asia or in other parts of Central and South America.
This does not mention the ever-growing threat that we face in the
cyber community, with cyberspace, which is an area that this committee,
I believe, will have to spend some significant time on.
The CHAIR. The time of the gentleman has again expired.
Mr. ROGERS of Michigan. I yield the gentleman an additional 30
seconds.
Mr. NUNES. It also doesn't mention the time that we will have to
spend on some foreign countries that are quickly gaining access to
minerals that are very hard to come by. So many foreign nations are
investing a lot of time, energy and effort into locating not only these
minerals, oil, and natural gas all over the world, but they're coming
together and working outside the interests of the United States. We
have to have intelligence in these areas.
This isn't your typical authorization bill, but it funds 17
intelligence agencies which are critical to the defense of our country.
Each agency has a unique perspective on the world, and Congress should
be bipartisan in its partnering in these missions throughout the
authorization and oversight processes. I look forward to voting ``yes''
on the 11th bill and to working in a bipartisan way on the 12th bill.
Mr. RUPPERSBERGER. Mr. Chairman, I yield 3 minutes to an outstanding
member of the Terrorism Subcommittee, the gentleman from Oklahoma (Mr.
Boren).
Mr. BOREN. Mr. Chairman, I rise today in support of the Intelligence
Authorization Act for Fiscal Year 2011.
I want to thank Chairman Rogers, and I also want to thank Ranking
Member Ruppersberger for working together in a bipartisan way to
produce this bill. Their leadership was invaluable in moving this bill
forward, and it has been critical to all of the committee's efforts
during the 112th Congress.
Last year, the President signed into law an Intelligence
Authorization Act for the first time since 2005. That bill included a
number of important provisions to address the foreign language needs of
the intelligence community, including a provision I sponsored, which
created a pilot program in African languages under the National
Security Education Program.
I am glad we can build upon the FY10 bill and can get another
authorization bill signed into law for the second straight year. This
bill authorizes the annual funding for the 16 member agencies of the
intelligence community; aligns the national counterterrorism strategy
with the policies and strategies of the DNI; and requires the DNI to
establish an insider threat detection program to prevent unauthorized
leaks of classified information.
While this bill is important to our intelligence community's ability
to be the first line of defense for America, as we recently saw with
the killing of bin Laden in Pakistan, the intelligence community often
forms the first line of offense against our enemies as well.
Last month, I traveled to Pakistan and Afghanistan, and witnessed
firsthand the tremendous challenge of locating bin Laden and other
members of al Qaeda. Finding him would not have been possible without
the robust capabilities that are available to the dedicated
intelligence professionals at the CIA and other agencies. That is why
Congress must continue to provide the intelligence community with every
resource it needs to complete its missions.
Again, I extend my gratitude to Chairman Rogers and to Ranking Member
Ruppersberger for their exceptional work on this legislation, and I
also thank the Intelligence Committee staff for its tireless efforts in
preparing this year's bill.
I urge my colleagues to support this legislation.
Mr. ROGERS of Michigan. Mr. Chairman, I now yield 2 minutes to a
former Army captain, the great new Member from Kansas (Mr. Pompeo).
Mr. POMPEO. Thank you, Mr. Chairman.
I wanted to come to the floor today and thank Chairman Rogers and the
ranking member for the great work they've done.
I do not sit on this committee, but I did have the opportunity to
serve in uniform our country. We witnessed what happened in the capture
of the world's greatest terrorist, and we saw the great military feats
which took place, but we also know all of the enormous work that our
intelligence community did to make that happen.
I served in a unit that patrolled the East German and Czechoslovakian
border. Every day, we relied on the fact that our intelligence
community was providing our military with the finest information and
the finest data in as near realtime as it possibly could to make sure
that we knew how to deploy our forces and knew the things that needed
to be done to keep America safe.
So I want to applaud the efforts of the Intelligence Committee. I
want to urge all of my colleagues to support this legislation and the
intelligence community, which keeps everyone in America safe.
Mr. RUPPERSBERGER. Mr. Chairman, in closing, the Intelligence
Authorization Act for Fiscal Year 2011 provides policy guidelines and
sets classified funding levels for the 16 agencies in the intelligence
community. Al Qaeda leader Osama bin Laden is gone forever, but our
fight against terrorism is far from over.
I believe this bill moves us in the right direction to ensure our
topnotch intelligence professionals have the resources, capabilities
and authorities they need to keep our country safe.
I also want to acknowledge our staffs on both the Democratic and
Republican sides, who worked together very closely with us to help put
together this bill. I've always said that you're only as good as your
team. We talk about teamwork. You need a good team and a good staff.
I yield back the balance of my time.

{time} 1530

Mr. ROGERS of Michigan. Mr. Chairman, I will just take this
opportunity to thank both the Democrat and Republican staff members who
helped us prepare this bill. For the first time since I have served on
the committee, we had both Democrat and Republican staff briefed in a
bipartisan way at the same table, all Members in the room. And we think
that that improved the value of this product tremendously, something we
are hoping to continue.
So my hat is off to all of the staff. We hire professionals from the
community, from all walks of life as well to provide us the expertise
that we need to provide the proper oversight for the intelligence
community. And I do believe, in this great spirit of bipartisanship
with Mr. Ruppersberger, that this will give the tools to those 17
agencies who work in secrecy on behalf of the United States the things
that they need to accomplish their mission and to keep this great
country safe.
I yield back the balance of my time.
The CHAIR. 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.

[[Page H3250]]

The text of the amendment in the nature of a substitute is as
follows:

H.R. 754

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 2011''.
(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. Intelligence Community Management Account.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Non-reimbursable detail of other personnel.

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

Subtitle A--Office of the Director of National Intelligence

Sec. 401. Schedule and requirements for the National
Counterintelligence Strategy.
Sec. 402. Insider threat detection program.

Subtitle B--Other Elements

Sec. 411. Defense Intelligence Agency counterintelligence and
expenditures.
Sec. 412. Accounts and transfer authority for appropriations and other
amounts for the intelligence elements of the Department
of Defense.

SEC. 2. DEFINITIONS.

In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).

TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal
year 2011 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) Specifications of Amounts and Personnel Levels.--The
amounts authorized to be appropriated under section 101 and
the authorized personnel levels (expressed as full-time
equivalent positions) as of September 30, 2011, for the
conduct of the intelligence activities of the elements listed
in paragraphs (1) through (16) of section 101, are those
specified in the classified Schedule of Authorizations
prepared to accompany the bill H.R. 754 of the One Hundred
Twelfth Congress.
(b) Availability of Classified Schedule of
Authorizations.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President. The President shall provide for suitable
distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.

SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2011 the sum of $660,732,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for advanced research and
development shall remain available until September 30, 2012.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 787 full-time equivalent
personnel as of September 30, 2011. Personnel serving in such
elements may be permanent employees of the Office of the
Director of National Intelligence or personnel detailed from
other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2011 such additional amounts as are
specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts made
available for advanced research and development shall remain
available until September 30, 2012.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2011, there are authorized such full-time equivalent
personnel for the Community Management Account as of that
date as are specified in the classified Schedule of
Authorizations referred to in section 102(a).

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2011 the sum of $292,000,000.

TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.

SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.

Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.

SEC. 303. NON-REIMBURSABLE DETAIL OF OTHER PERSONNEL.

(a) In General.--Section 113A of the National Security Act
of 1947 (50 U.S.C. 404h-1) is amended to read as follows:

``non-reimbursable detail of other personnel

``Sec. 113A. An officer or employee of the United States or
member of the Armed Forces may be detailed to the staff of an
element of the intelligence community funded through the
National Intelligence Program from another element of the
intelligence community or from another element of the United
States Government on a non-reimbursable basis, as jointly
agreed to by the heads of the receiving and detailing
elements, for a period not to exceed two years. This section
does not limit any other source of authority for reimbursable
or non-reimbursable details.''.
(b) Table of Contents Amendment.--The table of contents in
the first section of such Act is amended by striking the item
relating to section 113A and inserting the following:

``Sec. 113A. Non-reimbursable detail of other personnel.''.

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

Subtitle A--Office of the Director of National Intelligence

SEC. 401. SCHEDULE AND REQUIREMENTS FOR THE NATIONAL
COUNTERINTELLIGENCE STRATEGY.

Section 904(d)(2) of the Counterintelligence Enhancement
Act of 2002 (50 U.S.C. 402c(d)(2)) is amended--
(1) by striking ``Subject'' and inserting the following:
``(A) Requirement to produce.--Subject'';
(2) by striking ``on an annual basis''; and
(3) by adding at the end the following:
``(B) Revision and requirement.--The National
Counterintelligence Strategy shall be revised or updated at
least once every three years and shall be aligned with the
strategy and policies of the Director of National
Intelligence.''.

SEC. 402. INSIDER THREAT DETECTION PROGRAM.

(a) Initial Operating Capability.--Not later than October
1, 2012, the Director of National Intelligence shall
establish an initial operating capability for an effective
automated insider threat detection program for the
information resources in each element of the intelligence
community in order to detect unauthorized access to, or use
or transmission of, classified intelligence.
(b) Full Operating Capability.--Not later than October 1,
2013, the Director of National Intelligence shall ensure the
program described in subsection (a) has reached full
operating capability.
(c) Report.--Not later than December 1, 2011, the Director
of National Intelligence shall submit to the congressional
intelligence committees a report on the resources required to
implement the insider threat detection program referred to in
subsection (a) and any other issues related to such
implementation the Director considers appropriate to include
in the report.
(d) Information Resources Defined.--In this section, the
term ``information resources'' means networks, systems,
workstations, servers, routers, applications, databases,
websites, online collaboration environments, and any other

[[Page H3251]]

information resources in an element of the intelligence
community designated by the Director of National
Intelligence.

Subtitle B--Other Elements

SEC. 411. DEFENSE INTELLIGENCE AGENCY COUNTERINTELLIGENCE AND
EXPENDITURES.

Section 105 of the National Security Act of 1947 (50 U.S.C.
403-5) is amended--
(1) in subsection (b)(5), by inserting ``and
counterintelligence'' after ``human intelligence'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Expenditure of Funds by the Defense Intelligence
Agency.--(1) Subject to paragraphs (2) and (3), the Director
of the Defense Intelligence Agency may expend amounts made
available to the Director for human intelligence and
counterintelligence activities for objects of a confidential,
extraordinary, or emergency nature, without regard to the
provisions of law or regulation relating to the expenditure
of Government funds.
``(2) The Director of the Defense Intelligence Agency may
not expend more than five percent of the amounts made
available to the Director for human intelligence and
counterintelligence activities for a fiscal year for objects
of a confidential, extraordinary, or emergency nature in
accordance with paragraph (1) during such fiscal year
unless--
``(A) the Director notifies the congressional intelligence
committees of the intent to expend the amounts; and
``(B) 30 days have elapsed from the date on which the
Director notifies the congressional intelligence committees
in accordance with subparagraph (A).
``(3) For each expenditure referred to in paragraph (1),
the Director shall certify that such expenditure was made for
an object of a confidential, extraordinary, or emergency
nature.
``(4) Not later than December 31 of each year, the Director
of the Defense Intelligence Agency shall submit to the
congressional intelligence committees a report on any
expenditures made during the preceding fiscal year in
accordance with paragraph (1).''.

SEC. 412. ACCOUNTS AND TRANSFER AUTHORITY FOR APPROPRIATIONS
AND OTHER AMOUNTS FOR THE INTELLIGENCE ELEMENTS
OF THE DEPARTMENT OF DEFENSE.

(a) In General.--Chapter 21 of title 10, United States
Code, is amended by inserting after section 428 the following
new section:

``Sec. 429. Appropriations for defense intelligence elements:
accounts for transfer; transfer

``(a) Accounts for Appropriations for Defense Intelligence
Elements.--The Secretary of the Treasury shall establish one
or more accounts for the receipt of appropriations and other
amounts transferred pursuant to subsection (b).
``(b) Transfers Authorized.--(1) There may be transferred
to an account established pursuant to subsection (a) the
following:
``(A) Appropriations transferred by the Secretary of
Defense from appropriations of the Department of Defense
available for intelligence, intelligence-related activities,
and intelligence-related communications.
``(B) Appropriations and other amounts transferred by the
Director of National Intelligence from appropriations and
other amounts available for the defense intelligence
elements.
``(C) Amounts and reimbursements in connection with
transactions authorized by law between the defense
intelligence elements and other entities.
``(2) The transfer authority of the Secretary of Defense
under paragraph (1)(A) is in addition to any other transfer
authority available to the Secretary by law.
``(c) Availability of Appropriations and Amounts
Transferred.--(1) Appropriations transferred pursuant to
subsection (b) shall remain available for the same time
period, and shall be available for the same purposes, as the
appropriations from which transferred.
``(2) Appropriation balances in an account established
pursuant to subsection (a) may be transferred back to the
account or accounts from which such balances originated as an
appropriation refund.
``(d) Defense Intelligence Elements Defined.--In this
section, the term `defense intelligence elements' means the
agencies, offices, and elements of the Department of Defense
that are included within the elements of the intelligence
community specified in or designated under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 21 of such title is
amended by inserting after the item relating to section 428
the following new item:

``429. Appropriations for defense intelligence elements: accounts for
transfer; transfer.''.

The CHAIR. No amendment to the committee amendment is in order except
those printed in House Report 112-75. Each such amendment may be
offered only in the order printed in the report, by a Member designated
in the report, shall be considered 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.

Amendment No. 1 Offered by Mr. Rogers of Michigan

The CHAIR. It is now in order to consider amendment No. 1 printed in
House Report 112-75.
Mr. ROGERS of Michigan. Mr. Chairman, I have an amendment at the
desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Page 12, line 10, insert ``under the National Intelligence
Program'' after ``the Director''.
Page 12, line 17, insert ``under the National Intelligence
Program'' after ``the Director''.
Strike section 412.

The CHAIR. Pursuant to House Resolution 264, the gentleman from
Michigan (Mr. Rogers) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. ROGERS of Michigan. Mr. Chairman, this is a manager's amendment
to the bill that contains two provisions.
The first provision would simply clarify that section 411 of the
bill, which relates to certain Defense Intelligence Agency
expenditures, applies only to the National Intelligence Program funds.
This clarification was requested by the Committee on Armed Services and
is largely technical in nature.
The second provision would strike section 412 of the reported bill,
which provides for the creation of certain accounts for intelligence
funds. While this provision is an important one, intended to promote
auditability of intelligence funds, some technical issues have arisen;
and I believe it was prudent to hold this over until the FY12 bill. It
is something that I support and hope to return to the bill in FY12. I
do not believe that either of these changes are controversial and urge
Members to support the amendment.
I reserve the balance of my time.
Mr. RUPPERSBERGER. Mr. Chairman, I rise to claim the time in
opposition, though I am not opposed to the amendment.
The CHAIR. Without objection, the gentleman from Maryland is
recognized for 5 minutes.
There was no objection.
Mr. RUPPERSBERGER. In this era of tight budgets, I believe it is our
responsibility to manage every taxpayer dollar efficiently and
effectively. Section 412 of the bill provides the Secretary of Defense
authority to transfer certain funds into specific accounts to provide
more accurate accounting of money spent. The manager's amendment
strikes section 412 from the bill.
Section 412 will allow for an accurate audit of taxpayer dollars.
This important tool will save us money in the long run. We must
identify programs that are not working and trim those costs. A thorough
audit will help us do that. We must ensure any cuts do not negatively
impact on the performance of the mission. The administration supports
section 412, and so do I.
I reserve the balance of my time.
Mr. ROGERS of Michigan. I thank the ranking member. I look forward to
working with him on this particular issue.
As I think the ranking member understands, Mr. Chairman, we've
brought in auditors on the committee. This is something we're very
committed to in a bipartisan way, to actually have funds that can be
audited. It's a bit shocking, I think, to both of us that they have had
these funds for such a long time that have not been able to be audited,
and we hope to do that on behalf of the taxpayers of the United States.
With that, I yield back the balance of my time.
Mr. RUPPERSBERGER. I agree with the chairman. Staff is working
together to try to resolve the issues involving section 412. We look
forward to a positive resolution.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Michigan (Mr. Rogers).
The question was taken; and the Chair announced that the ayes
appeared to have it.
Mr. RUPPERSBERGER. I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Michigan will be postponed.

Amendment No. 2 Offered by Mr. Barrow

The CHAIR. It is now in order to consider amendment No. 2 printed in
House Report 112-75.
Mr. BARROW. I have an amendment at the desk.

[[Page H3252]]

The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

After section 303, insert the following:

SEC. 304. INTELLIGENCE OFFICER TRAINING PROGRAM.

Section 1024 of the National Security Act of 1947 (50
U.S.C. 441p) is amended--
(1) in subsection (a)(1), by striking ``subsection (b)''
and inserting ``subsections (b) and (c)'';
(2) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(3) by inserting after subsection (b), the following:
``(c) Grant Program for Historically Black Colleges and
Universities.--(1) The Director may provide grants to
historically black colleges and universities to provide
programs of study in educational disciplines identified under
subsection (a)(2) or described in paragraph (2).
``(2) A grant provided under paragraph (1) may be used to
provide programs of study in the following educational
disciplines:
``(A) Intermediate and advanced foreign languages deemed in
the immediate interest of the intelligence community,
including Farsi, Pashto, Middle Eastern, African, and South
Asian dialects.
``(B) Study abroad programs and cultural immersion
programs.''; and
(4) in paragraph (g) (as so redesignated)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1), the following:
``(2) Historically black college and university.--The term
`historically black college and university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).''; and
(C) by adding at the end the following:
``(4) Study abroad program.--The term `study abroad
program' means a program of study that--
``(A) takes places outside the geographical boundaries of
the United States;
``(B) focuses on areas of the world that are critical to
the national security interests of the United States and are
generally underrepresented in study abroad programs at
institutions of higher education, including Africa, Asia,
Central and Eastern Europe, Eurasia, Latin America, and the
Middle East; and
``(C) is a credit or noncredit program.''.

The CHAIR. Pursuant to House Resolution 264, the gentleman from
Georgia (Mr. Barrow) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Georgia.
Mr. BARROW. Mr. Chairman, I want to begin by thanking Chairman Rogers
and Ranking Member Ruppersberger for their hard work on this important
legislation.
We face a diverse and growing array of threats around the globe, and
we need an intelligence community as diverse as the threats we face. My
amendment directs the national intelligence director to create a pilot
program for Historically Black Colleges and Universities to help
develop critical language curricula and study abroad programs. Our
defenses have to be as advanced as the means used by our enemies. That
means that our human assets have to be as diverse as our enemies.
Cultural, language, and educational barriers affect the quality of
intelligence we can gather; and it's critical that we have the human
assets to overcome these barriers.
The area of Georgia I represent is home to several HBCUs with
specific expertise in critical languages. Engaging centers of academic
excellence such as these will help the intelligence community meet our
strategic security goals and will produce more sophisticated
intelligence officers. This, in turn, will make our country more
secure. I, therefore, urge my colleagues to support this amendment and
support passage of the bill.
With that, I yield back the balance of my time.
Mr. ROGERS of Michigan. Mr. Chairman, while I do not oppose the
amendment, I would ask unanimous consent to claim the time in
opposition.
The CHAIR. Is there objection to the request of the gentleman from
Michigan?
There was no objection.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Michigan. I yield myself such time as I may consume.
While I support the intent behind the amendment, I believe it is also
important to note for the record--and I appreciate the gentleman's work
on this--that the Intelligence Committee has already a number of
existing programs and initiatives in this area. I think this will, in
fact, enhance that effort.
The proposed amendment has the goal of assisting Historically Black
Colleges and Universities in creating and maintaining academic
curricula that help the intelligence community meet its workforce
diversity and critical language goals. I am happy to say that the
community already understands well that a diverse workforce enhances
its mission performance. For example, Director Panetta has launched his
own initiative at CIA to enhance the diversity of that agency's
workforce.
Additionally, there are other initiatives under way to increase the
employment and retention of the diverse candidates throughout the
intelligence community. And I won't go on, other than to compliment the
gentleman for his interest in exposing the number of people who would
have the skills to apply and diversify our workforce at the CIA.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Georgia (Mr. Barrow).
The amendment was agreed to.

Amendment No. 3 Offered by Mr. Dent

The CHAIR. It is now in order to consider amendment No. 3 printed in
House Report 112-75.
Mr. DENT. I offer an amendment, Mr. Chairman.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of title III, add the following new section:

SEC. 304. INFORMATION ON PURSUIT OF ANWAR AL-AWLAKI.

Not later than 90 days after the date of the enactment of
this Act, the Director of National Intelligence and the
Director of the Central Intelligence Agency shall jointly
submit to the congressional intelligence committees--
(1) all information in the possession of the Office of the
Director of National Intelligence and the Central
Intelligence Agency relating to the pursuit and targeting of
Anwar al-Awlaki by the Federal Government; and
(2) an analysis of the legal impediments to pursuing the
capture of Anwar al-Awlaki.

The CHAIR. Pursuant to House Resolution 264, the gentleman from
Pennsylvania (Mr. Dent) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. DENT. Mr. Chairman, I first want to commend the chairman and the
ranking member for the very good work they have done on this bill. They
really have worked in a bipartisan manner, and they are really trying
to advance the best interests of the intelligence community and this
Nation's national security. So I applaud them for the spirit in which
they have taken on this legislation.
I will withdraw this amendment after having conversations with the
chairman. But the point I want to make about the amendment is that the
amendment simply directs the Director of National Intelligence and the
CIA that within 90 days of this act to provide the congressional
intelligence committees all information possessed by the DNI and the
CIA relating to the pursuit and targeting of one Anwar al-Awlaki by the
Federal Government as well as an analysis of the legal impediments to
pursuing the capture of Anwar al-Awlaki.
Americans are all very much familiar with who Osama bin Laden is.
Everybody knows who he is, and we're all extremely gratified about his
demise. At the same time, we should all be aware too that Anwar al-
Awlaki seems to be the leader of many of the operational aspects of al
Qaeda on the Arabian Peninsula. He is a real threat. He is an American
citizen. He is also a Yemeni citizen. He has targeted Americans. We
always thought he was a spiritual adviser and certainly a recruiter for
al Qaeda. But now it's quite clear that he has also gone operational.

{time} 1540

We're aware of that as it relates to the underwear bomber,
Abdulmutallab and his attempt to the blow up the airliner near Detroit.
So the point of this amendment is to raise awareness on Anwar al-
Awlaki, also to point out the fact that he is a citizen, to point out
the fact that I think it's important that we consider essentially that
he has committed expatriating acts. I mean, the fact that he has
targeted American citizens, that he has called for the death of many

[[Page H3253]]

Americans, I have legislation that is also prepared to deal with his
citizenship issue, that it should be revoked, or at least we should
seriously do that, just as we would for any other individual who takes
up arms against this country. We have laws on the books from 1944 when
there were individuals who were signed up with the Nazi army or the
Imperial Army of Japan who took up arms against this country as
citizens. Those are expatriating acts.
I simply believe that if an individual takes up arms with al Qaeda or
the Taliban or any other terrorist organization, foreign terrorist
organization that is intent on killing Americans, that we should treat
them just as we would an individual who is an agent of a foreign
government or part of a foreign army. That's the whole point.
But recognizing this is probably not the best place to offer this
amendment at this time, I have agreed to withdraw it. I appreciate the
chairman's consideration, and I will be working to make sure that this
Congress has the opportunity to address the citizenship issue of Anwar
al-Awlaki. It has reported in the press that our government has a kill
or capture order on Mr. Al-Awlaki. I don't know if that is true or not.
I read it in the press.
Just last week we saw reports that Anwar al-Awlaki was supposedly the
intended target of an attack, unsuccessful, in Yemen, and so he is
still alive. And the point I want to make is that I think that if we're
targeting an American citizen for assassination, then I think we should
at least take up the issue of his citizenship and revoke it if at all
possible. So at that point I will address it in another forum.
At this time I would again urge everybody here to support the
underlying legislation. I will withdraw this amendment, and I
appreciate the chairman and ranking member's consideration.
Mr. Chairman, I ask unanimous consent to withdraw the amendment.
The CHAIR. Is there objection to the request of the gentleman from
Pennsylvania?
There was no objection.

Amendment No. 5 Offered by Mr. Gibson

The CHAIR. It is now in order to consider amendment No. 5 printed in
House Report 112-75.
Mr. GIBSON. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle A of title IV (page 11, after line
20), add the following new section:

SEC. 403. REPORT ON POTENTIAL CONSOLIDATION OF ELEMENTS OF
THE INTELLIGENCE COMMUNITY.

Not later than December 31, 2011, the Director of National
Intelligence shall submit to congress a report containing any
recommendations the Director considers appropriate for
consolidating elements of the intelligence community.

The CHAIR. Pursuant to House Resolution 264, the gentleman from New
York (Mr. Gibson) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. GIBSON. Mr. Chairman, I actually want to begin this afternoon by
praising the chairman and the ranking member, all of the members of the
intel committee and their staff for truly magnificent work here on
behalf of the American people. I've spent some time down in the SCIF
and have been through the bill, and I think it's something that
everyone can be proud of. And clearly, the operation that occurred
about 2 weeks ago that ended in the death of Osama Bin Laden is an
example of how intel and operations can be fused for successful
operations.
And I'm rising today to offer an amendment to the intel authorization
bill that I hope the committee will be willing to accept. It's based on
my experiences from the 29 years I served in the United States
military, nearly 5 in the New York Army National Guard, and then 24
years in the United States Army.
And I will tell you that, particularly, my experiences in Iraq
commanding an airborne infantry battalion task force, and then later as
a Division G-3, that's an operations officer for Multinational Division
North, I saw firsthand the virtues of intel and operations being fused
for successful operations.
And so what concerns me today is the fact that since the 11th of
September, we've had significant growth in the intel community to
address various concerns. And what I think we need to do now is pause,
reflect, and look for ways to consolidate all that growth so that we
can continue to have effective intel operations in a manner that's
consistent for Republicans, and one that we can afford.
So what I offered is actually a very simple amendment. It asks the
Director of National Intelligence to provide his recommendations on
consolidation with an eye towards effectiveness and efficiency.
When we initially created this position this, of course, was a result
of the Kean Commission after the horrific attacks of the 11th of
September, 2001. We created the DNI to help us to really provide
leadership in the intel community. In my estimation, we did not provide
the adequate budget and legal authorities for him to really accomplish
all those duties that we expected of him. So I would think that he
would welcome this task to provide his recommendation to us on how we
might better organize, consolidate the intel community to perform its
very critical function for the American people.
I urge my colleagues to support the amendment. And again I want to
thank the intel committee, the leadership and all those who provided
the work for this bill.
I reserve the balance of my time.
Mr. RUPPERSBERGER. Mr. Chairman, I rise in opposition to the
amendment.
The CHAIR. The gentleman from Maryland is recognized for 5 minutes.
Mr. RUPPERSBERGER. I appreciate Congressman Gibson's intent. And I
also want to thank him for his service in the military. But I believe
we should always be looking for efficiencies to help reduce costs
throughout the government.
The Director of National Intelligence is conducting a similar review
that will identify redundancies without sacrificing core missions. I
want to see the product of those efforts before asking the DNI,
Director of National Intelligence, to submit an additional report. For
this reason I oppose the amendment.
I reserve the balance of my time.
Mr. GIBSON. I certainly respect my colleague for all his experiences
that he brings before he comes to the Congress, and for the tremendous
work he's done in the time that he's been here serving the American
people in the United States Congress.
I respectfully disagree with the position, and would like to hear
directly from the Director of National Intelligence. I know if I were
in his shoes I would welcome this task. I would want to provide the
United States Congress, the American people, by way of the United
States Congress, to provide the recommendations on the way that he, in
this case, the way he sees fit on better organizing the intel
community.
So, with a very heavy respect for the ranking member, I still urge my
colleagues to support the amendment.
Mr. RUPPERSBERGER. I yield back the balance of my time.
Mr. GIBSON. I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from New York (Mr. Gibson).
The question was taken; and the Chair announced that the ayes
appeared to have it.
Mr. RUPPERSBERGER. Mr. Chairman, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from New York will be postponed.

{time} 1550

Amendment No. 6 Offered by Mr. Ruppersberger

The CHAIR. It is now in order to consider amendment No. 6 printed in
House Report 112-75.
Mr. RUPPERSBERGER. I rise to offer the amendment for Congresswoman
Waters as her designee.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of subtitle A of title IV, add the following new
section:

SEC. 403. INSPECTOR GENERAL REPORT RECRUITMENT AND RETENTION
OF RACIAL AND ETHNIC MINORITIES.

(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to Congress a report on
the degree to which racial and ethnic minorities

[[Page H3254]]

in the United States are employed in professional positions
in the intelligence community and barriers to the recruitment
and retention of additional racial and ethnic minorities in
such positions.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.

The CHAIR. Pursuant to House Resolution 264, the gentleman from
Maryland (Mr. Ruppersberger) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. RUPPERSBERGER. I yield to the gentlewoman from California,
Congresswoman Waters.
Ms. WATERS. I thank the gentleman.
My amendment requires the inspector general of the intelligence
community to report to Congress on racial and ethnic diversity in the
intelligence community.
A diverse workforce is essential to intelligence work. People from a
variety of backgrounds bring a variety of perspectives to the table to
understand the world in which we live. A diverse workforce provides
intelligence agencies critical insights into different cultures around
the world, where information about potential threats to our national
security is being collected and analyzed.
Many leading intelligence officials understand the importance of a
diverse workforce. The Web site of the Central Intelligence Agency
includes the following statement:
``In order for the CIA to meet our mission of protecting our national
security interests, we need to employ a workforce as diverse as America
itself, the most diverse Nation on Earth. Diversity reflects the unique
ways we vary as intelligence officers. Our nationality, race,
ethnicity, gender, age, language, culture, sexual orientation,
education, values, beliefs, abilities, and disabilities. These assorted
attributes create different demographic, functional, and intellectual
views which are so vital to our innovation, agility, collection, and
analysis.''
And I really do think that says it all.
Unfortunately, there is virtually no data available to Congress and
the public regarding the degree of racial and ethnic diversity in the
intelligence community. The most recent publicly available report that
discusses this subject is a 1996 report by the Government
Accountability Office on personnel practices at intelligence agencies,
which focused on equal employment opportunity practices.
The report concluded that intelligence agencies have workforce
diversity programs, but results lag far behind other Federal agencies.
This report was written more than 5 years before the terrorist attacks
of 9/11 and 15 years before the death of Osama bin Laden. Needless to
say, both the intelligence community and the world in which it operates
have changed tremendously since then.
My amendment states that, within 180 days after the enactment of the
bill, the inspector general shall submit to Congress a report on the
degree to which racial and ethnic minorities in the United States are
employed in professional positions in the intelligence community and
barriers to the recruitment and retention of additional racial and
ethnic minorities in these position. The amendment requires that the
report be submitted in unclassified form, but allows the inspector
general to include a classified annex.
It is long past time for Congress to reevaluate the diversity of the
intelligence community workforce, and I urge my colleagues to support
my amendment.
Again, I thank the gentleman, Mr. Ruppersberger, for yielding.
Mr. ROGERS of Michigan. Mr. Chairman, while I do not oppose this
amendment, I ask unanimous consent to claim time in opposition.
The CHAIR. Is there objection to the request of the gentleman from
Michigan?
There was no objection.
Mr. ROGERS of Michigan. Mr. Chairman, I support efforts to create a
diverse workforce within the intelligence community. A diverse
workforce is instrumental to effectively respond to the complex global
threats faced by the United States.
I do have so many concerns that this amendment is duplicative with
many efforts which are already under way within the intelligence
community to address this issue.
For example, section 338 of the Intelligence Authorization Act of
2010, passed after the fiscal year last year, requires the DNI to
coordinate with each element of the IC to provide a report of plans to
increase the employment and retention of diverse candidates. Moreover,
the DNI has already created a strategic plan on equal employment
opportunity and issued Community Directive 110, the Equal Employment
Opportunity and Diversity Program.
It is my hope that the inspector general will consider all of these
existing initiatives in the report and use the substantial body of work
that has already been done on these issues in completing it.
Nonetheless, I will support the amendment and its laudable goals.
I yield back the balance of my time.
Mr. RUPPERSBERGER. I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Maryland (Mr. Ruppersberger).
The amendment was agreed to.

Amendment No. 7 Offered by Mr. Hinchey

The CHAIR. It is now in order to consider amendment No. 7 printed in
House Report 112-75.
Mr. HINCHEY. I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the appropriate place in the bill, insert the following
new section:

SEC. __. REPORT ON ACTIVITIES OF THE INTELLIGENCE COMMUNITY
IN ARGENTINA.

(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees a report containing the following:
(1) A description of any information in the possession of
the intelligence community with respect to the following
events in the Republic of Argentina:
(A) The accession to power by the military of the Republic
of Argentina in 1976.
(B) Violations of human rights committed by officers or
agents of the Argentine military and security forces during
counterinsurgency or counterterror operations, including by
the State Intelligence Secretariat (Secretaria de
Inteligencia del Estado), Military Intelligence Detachment
141 (Destacamento de Inteligencia Militar 141 in Cordoba),
Military Intelligence Detachment 121 (Destacamento Militar
121 in Rosario), Army Intelligence Battalion 601, the Army
Reunion Center (Reunion Central del Ejercito), and the Army
First Corps in Buenos Aires.
(C) Operation Condor and Argentina's role in cross-border
counterinsurgency or counterterror operations with Brazil,
Bolivia, Chile, Paraguay, or Uruguay.
(2) Information on abductions, torture, disappearances, and
executions by security forces and other forms of repression,
including the fate of Argentine children born in captivity,
that took place at detention centers, including the
following:
(A) The Argentine Navy Mechanical School (Escuela Mecanica
de la Armada).
(B) Automotores Orletti.
(C) Operaciones Tacticas 18.
(D) La Perla.
(E) Campo de Mayo.
(F) Institutos Militares.
(3) An appendix of declassified records reviewed and used
for the report submitted under this subsection.
(4) A descriptive index of information referred to in
paragraph (1) or (2) that is classified, including the
identity of each document that is classified, the reason for
continuing the classification of such document, and an
explanation of how the release of the document would damage
the national security interests of the United States.
(b) Review of Classified Documents.--Not later than two
years after the date on which the report required under
subsection (a) is submitted, the Director of National
Intelligence shall review information referred to in
paragraph (1) or (2) of subsection (a) that is classified to
determine if any of such information should be declassified.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
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.

The CHAIR. Pursuant to House Resolution 264, the gentleman from New
York (Mr. Hinchey) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from New York.
Mr. HINCHEY. Mr. Chairman, in 1976, amid social unrest and a deep
political

[[Page H3255]]

crisis in Argentina, a military coup installed one of the cruelest
dictatorships South America has ever seen. Illegal detentions, torture,
and summary executions of dissidents became routine. Cross-country
operations to capture and assassinate dissidents were organized by
Argentina in cooperation with Southern Cone military regimes in what is
known as Operation Condor.
Over the years, as the victims of the repression increasingly went
missing, a new tactic of the Argentine security forces was revealed. It
is estimated that 30,000 people disappeared in Argentina between 1976
and 1985. Many of these victims, known as ``the disappeared,'' were
abducted. They were tortured and then dropped far out into the ocean.
During the dictatorship, hundreds of children were born into
captivity and distributed to members of the Argentine security forces,
while their mothers are believed to have been killed.

{time} 1600

The identity of some of these children has been discovered, but the
majority of their identities and whereabouts remain unknown. My
amendment seeks to shed light on the unknown fate of these children,
who would be now in their twenties and early thirties.
Given the close relationship with their Argentine counterparts in the
intelligence, security and military community, the documentation of the
American intelligence community is likely to contain invaluable
information to support renewed justice investigations and the search
for the children of ``the disappeared.''
This amendment that I am offering would direct the Director of
National Intelligence to report to the House and Senate Intelligence
panels on information it has regarding the human rights violations of
the military government in Argentina and also seeks to help shed light
on the unknown fate of the Argentine children who were born in
captivity. The amendment instructs the DNI to include an appendix of
declassified documents used for the report and gives the authority for
the inclusion of a classified annex.
Thousands of families have waited more than 30 years to learn the
fate of their loved ones, and today we have an opportunity to make a
significant contribution to truth and justice and help bring to a close
this troubling chapter in Argentina's history.
In 2008, this amendment was made in order by the Rules Committee and
agreed to on the House floor without objection from either party by
voice vote. At that time, my dear friend and colleague Peter Hoekstra
said, ``I will not oppose this amendment, Mr. Chairman. I will support
the amendment.''
So I urge all of us to join in supporting this contribution to truth
and justice in the country of Argentina.
I reserve the balance of my time.
Mr. ROGERS of Michigan. Mr. Chairman, I rise in opposition to the
amendment.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Michigan. I must unfortunately oppose this amendment.
I certainly can sympathize with the gentleman's intention to try to
bring some closure for families in this particularly difficult issue in
Argentina, and it may certainly result in some information to those who
are conducting maybe historical research and analysis and certainly to
mend the wounds that have been created in this particular situation.
It would also do something, I think, equally damaging to today's
effort in the war on terror. It would divert the intelligence community
from its mission of protecting the United States and our interests from
current threats. When you think about how difficult it was to take a
small piece of information and stretch a nickname, an Arabic nickname
applied to someone who is using an alias, who is likely associating
with individuals who had Arabic nicknames associated to aliases, and
from that little scrap of information, the entire intelligence
apparatus spent years trying to develop the right lead to lead us to
last Sunday's event to bring Osama bin Laden to justice.
This year, the intelligence community came forward and said, We need
more analysts. We need more human resources in order to accomplish this
mission. There are too many threats in too many places for our people
to handle it. And what this amendment does, although it is very well
intended, it takes resources away to apply it to a problem that is 20
to 30 years old. I am sorry, we just don't have that luxury today.

We are concerned, the intelligence community is concerned that the
next few months, the next 6 months are crucial when al Qaeda is trying
to get its act back together after losing its operational and
inspirational leader and how they reach out or lash out in some kind of
an attack. It is imperative that every minute of every day be spent
targeting those who are seeking to kill Americans or our allies
overseas now.
I hope that we find some other alternative to what the gentleman
proposes in maybe another way. But redirecting the valuable assets in
the fight on terror today I just think is a misuse of our resources and
may, in fact, be a dangerous one at that. This is not the time to be
disrupting our counterterrorism analysts, our case officers, or anybody
in the CIA or other intelligence agencies away from disrupting,
dismantling and defeating al Qaeda and other terrorist organizations
for the activities of the Government of Argentina nearly 25 years ago.
I reserve the balance of my time.
Mr. HINCHEY. Mr. Chairman, how much time do we have remaining?
The CHAIR. The gentleman from New York has 2 minutes remaining, and
the gentleman from Michigan has 3 minutes remaining.
Mr. HINCHEY. Mr. Chairman, I deeply appreciate what has just been
said. But the fact of the matter is that there are no significant costs
involved in this. This operation has been looked at in the past. The
information that we are asking for in the context of this amendment is
readily available. It is not going to take any significant costs
whatsoever and it can be done very, very quickly.
This is a situation that really needs to be corrected. It is a
violent, deeply disturbing activity that took place in the context of
many, many families, many of whom are completely innocent, and the
effects of that were in many cases deeply disastrous.
This is something that can be done easily and can be done quickly,
and it was supported by the opposition almost unanimously--in fact,
unanimously--the last time that this bill came up and this amendment
was brought forward.
So I ask the opposition here to reconsider this. Think closely about
this, how important this is, how significantly important it is for
Argentina and for the United States, and how it can be done readily and
easily, and how the results of it being done would be happily taken
care of by these two countries. There isn't anyone who is going to
deeply object to this, anyone who is significant at least in the
context of this operation who is going to deeply object to this.
We need to do this. It is an honest thing and it is something that is
going to be positive. It will be deeply positive and effective for us
in the context of bringing this about. So I hope that everyone in this
body will recognize the significance of this and vote in favor of it.
The CHAIR. The time of the gentleman has expired.
Mr. ROGERS of Michigan. Mr. Chairman, again, with deep respect to the
Member from New York, and I appreciate your passion on this, I can tell
you as a former FBI agent, when you take 1 minute away from your case
to cull information, it does take somebody who is operational in some
sense, either an analyst or an operator or even on the IT front, to
gather, collect, sort that information, to go through it, to put it in
the proper form and to get it in the right place.
Really, every minute of every day is so precious to these individuals
who are trying to focus on al Qaeda and the current threat. My argument
is that this is something that can wait. It has waited 25 years.
Probably the next few years won't make a difference, but the next few
years in the fight against al Qaeda can mean the life and death of U.S.
citizens.
So, again, I hope the gentleman doesn't think it is any condemnation
of his effort. I think the time and the place and the resources that
would be lost are just not meeting the national security priorities as
we look out across what the threat stream is today.
So, unfortunately, I will continue to oppose it. I would like to work
with the gentleman on something in the future.

[[Page H3256]]

I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from New York (Mr. Hinchey).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. HINCHEY. Mr. Chairman, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from New York will be postponed.

Amendment No. 8 Offered by Mr. Carney

The CHAIR. It is now in order to consider amendment No. 8 printed in
House Report 112-75.
Mr. CARNEY. Mr. Chairman, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

At the end of the bill, add the following new title:

TITLE V--OTHER MATTERS

SEC. 501. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAILWAY
TRANSPORTATION SECURITY.

It is the sense of Congress that--
(1) railway transportation (including subway transit)
should be prioritized in the development of transportation
security plans by the intelligence community; and
(2) railway transportation security (including subway
transit security) should be included in transportation
security budgets of the intelligence community.

The CHAIR. Pursuant to House Resolution 264, the gentleman from
Delaware (Mr. Carney) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Delaware.

{time} 1610

Mr. CARNEY. Mr. Chairman, over the past week, officials have
announced that preliminary intelligence gathered from Osama bin Laden's
Pakistan hideout shows that al Qaeda had been plotting a terrorist
attack on our Nation's rail system. While roughly 1.7 million
passengers ride on domestic and international flights daily, every
weekday 34 million Americans ride on trains and transit systems. The
issue of rail security is more relevant now than ever. And I'm here
today to argue for making rail security a national intelligence
priority.
On March 11, 2004, nearly 200 people were killed in Madrid as a
result of a terrorist bombing while riding the commuter rail to work.
In 2005, over 50 people were killed and 700 injured on the London
transit system in a series of explosions during the morning rush hour.
An attack on our rail system here in the United States would be
devastating. It would almost certainly result in the loss of life.
Clearly, terrorist organizations around the world have made rail
systems a target. I strongly believe that we need to address the
vulnerabilities in our rail system by ensuring that rail security is
one of our Nation's top intelligence priorities. That's why I offered
this amendment directing the intelligence community to include rail and
subway transit security in its transportation security plans and
budgets.
The 9/11 Commission report found that over 90 percent of the Nation's
annual investment in transportation security is spent on aviation
security. While addressing security vulnerabilities within aviation is
critical, this allocation leaves too little for surface transportation
security, particularly on our rail systems.
``For now, riding trains is safe.'' That's how Transportation
Secretary LaHood described the state of our rail system in light of the
intelligence found in Osama bin Laden's compound. But we need to do
better than that. As a near daily rider of Amtrak myself, I want to
know that the United States Government is doing all it can to keep my
fellow passengers safe. I urge my colleagues to support this amendment
so that our intelligence community is able to identify and prevent a
terrorist attack on our rail system.
I reserve the balance of my time.
Mr. ROGERS of Michigan. Mr. Chairman, I rise in opposition to the
amendment.
The CHAIR. The gentleman is recognized for 5 minutes.
Mr. ROGERS of Michigan. While I agree with the need for strong
security in the railway sector, I just don't believe this amendment is
best suited for the Intelligence authorization bill, as it seems to
address the policy issues that are not authorized or otherwise
addressed in the FY11 Intelligence authorization bill. The intelligence
community does not have transportation security plans or transportation
security budgets, nor do individual intelligence community agencies. In
order to meet the requirement of this, they would have to restructure
themselves to bring in the right people to do the plans for security
for the railway. I don't think that's what the gentleman intends, but
that's clearly what the gentleman's amendment would do.
I would argue that this amendment would be better focused on the
Transportation Security Administration, or TSA. That agency, however,
falls under the jurisdiction of the Homeland Security Committee and not
the Intelligence Committee. The intelligence community does not develop
transportation security plans. Rather, the intelligence community,
through DHS, provides threat information to the transportation sector
to better enable it to develop security plans.
Additionally, I note that this amendment simply expresses the sense
of the Congress on the issue. It does not actually compel any action. I
would question the real improvement to security on the railway sector
from its adoption because, again, it appears that the amendment would
not have a real impact. This is really out of the scope of the
intelligence community.
I would urge the gentleman to reconsider and contemplate maybe
addressing it in the TSA. If the gentleman would like any help and
assistance in doing that, I would be eager to try to help the gentleman
do that.
Again, given the time pressures on our intelligence community to stop
real-time threats and pass that information on to people in the TSA and
others, I would argue that this is an amendment that we should all
oppose and look for a better opportunity.
I reserve the balance of my time.
Mr. CARNEY. I would just like to add that I listened to the gentleman
and I appreciate his comments. I listened to his remarks earlier on the
previous amendment, and he said that the intelligence agencies spend
all their time, every waking hour, targeting people trying to kill
Americans every day. The facts are that these terrorists are trying to
kill Americans on American rail transit systems. And that's the purpose
of this amendment--to make sure that this is given a priority in our
intelligence plans.
With that, I yield such time as he may consume to the ranking member,
the gentleman from Maryland (Mr. Ruppersberger).
Mr. RUPPERSBERGER. I thank the gentleman for his amendment.
I disagree with the chairman. I believe it's vitally important that
we protect our railway infrastructure from terrorist attacks. Just last
week, the Department of Homeland Security issued an intelligence
message about potential al Qaeda contemplation in February 2010 of
plots against the U.S. rail sector.
While there was no imminent threat at that time, we must remain
vigilant. It's important that we devote resources to this issue. I hope
that we could work together with the chairman if the amendment does not
pass so that we can focus on this serious area of threat to our
national security.
I urge a ``yes'' vote on this amendment.
Mr. CARNEY. Mr. Chair, how much time do I have remaining?
The CHAIR. The gentleman from Delaware has 1\1/2\ minutes remaining.
Mr. CARNEY. Mr. Chair, I would just like to add a few more things
before finishing up here. Between 2004 and 2008, there were 500
terrorist attacks waged worldwide against mass transit and passenger
rail targets, resulting in over 2,000 deaths and over 9,000 injuries.
Five billion passenger miles, intercity and commuter rail, are logged
every day in the northeast corridor alone here in the U.S. That
represents more than one-third of the daily vehicle miles logged on I-
95 between Washington, D.C. and New York City.
My amendment will ensure that the U.S. Government places a priority
on ensuring the safety of rail passengers around the country by working
to prevent a terrorist attack on our rail system. And I would ask
support for this amendment.
I reserve the balance of my time.

[[Page H3257]]

Mr. ROGERS of Michigan. Again, I appreciate both of the gentlemen's
perspectives on this, but this is about the right tool for the right
job. The intelligence community is the one that's supposed to develop
the intelligence, the threat stream, the lead, and pass it to somebody
who is in charge--the TSA in this case--of protecting the
transportation sector.
Again, I make the argument it is important, but I just think this is
misplaced. The intelligence community would have to try to create this
expertise, which they do not have today in the entirety of the
intelligence community, to make security plans. This is not what they
do. It's not what they're equipped to do. They are not, in most cases,
with the exception of the FBI and DEA, they're not domestic agencies.
They're agencies that are designed to collect overseas. So it is just
not a good fit.
Again, I appreciate the gentleman's position. I just think the
community would have to spend a lot of time and resources diverting
from its real intention and mission to keep us safe.
Just quickly and just for the record--I think it's important--the
information that the gentleman referenced was aspirational. We saw a
lot of press reports that I think misrepresented the information that
was provided. It was something that Osama bin Laden thought about. It
is not something that the intelligence community believes was
operational, which means you have to be vigilant all the time on all
these issues.
So I commend the gentleman in his effort on trying to bring better
security to our railways. Again, just the right tool for the right job.
This is not the right place. Unfortunately, I will oppose it but would
like to work with the gentleman on the right place to get the job done.
I yield back the balance of my time.
The CHAIR. The gentleman from Delaware has 30 seconds remaining.
Mr. CARNEY. I certainly thank the gentleman and appreciate his
comments and certainly respect his expertise. But I can't imagine that
the intelligence agencies aren't, as they're doing their activities--
intelligence activities overseas--aren't finding out that there are
threats to the U.S. rail system. My amendment would just make that a
priority within all the things that they do.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Delaware (Mr. Carney).
The question was taken; and the Chair announced that the noes
appeared to have it.
Mr. CARNEY. Mr. Chairman, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Delaware will be postponed.

{time} 1620

Mr. ROGERS of Michigan. Mr. Chairman, I move that the Committee do
now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Benishek) having assumed the chair, Mr. Yoder, Chair 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. 754) to
authorize appropriations for fiscal year 2011 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, had come to
no resolution thereon.

____________________