[House Report 108-561]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-561

======================================================================
 
 PROVIDING FOR CONSIDERATION OF H.R. 4548, INTELLIGENCE AUTHORIZATION 
                        ACT FOR FISCAL YEAR 2005

                                _______
                                

   June 22, 2004.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 686]

    The Committee on Rules, having had under consideration 
House Resolution 686, by a record vote of 6 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4548, the 
Intelligence Authorization Act for Fiscal Year 2005, under a 
structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Permanent Select Committee on 
Intelligence. The rule waives all points of order against 
consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute recommended by the Permanent Select Committee on 
Intelligence now printed in the bill shall be considered as an 
original bill for the purpose of amendment and shall be 
considered as read. The rule waives all points of order against 
the amendment in the nature of a substitute recommended by the 
Permanent Select Committee on Intelligence.
    The rule makes in order only those amendments printed in 
this report. The rule provides that amendments shall be 
considered only in the order specified in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The rule waives all 
points of order against the amendments printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 288

    Date: June 22, 2004.
    Measure: H.R. 4548--Intelligence Authorization Act for 
Fiscal Year 2005.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Harman which creates the position of Director of the 
Intelligence Community, who shall be provided with statutory 
and budget authority to effectively manage all elements of the 
Intelligence Community.
    Results: Defeated 3 to 6.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Sessions--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 289

    Date: June 22, 2004.
    Measure: H.R. 4548--Intelligence Authorization Act for 
Fiscal Year 2005.
    Motion by: Mr. Frost.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Peterson of Minnesota which increases by 100% the funds 
authorized to be appropriated in the Contingency Emergency 
Reserve (CER), as specified in the classified Schedule of 
Authorizations.
    Results: Defeated 3 to 6.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Sessions--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 290

    Date: June 22, 2004.
    Measure: H.R. 4548--Intelligence Authorization Act for 
Fiscal Year 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Holt which authorizes a grant program for institutions of 
higher learning that combine the teaching of foreign language 
critical to national security and the teaching of science and 
technology, and authorizes $5 million for such program.
    Results: Defeated 3 to 6.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Sessions--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 291

    Date: June 22, 2004.
    Measure: H.R. 4548--Intelligence Authorization Act for 
Fiscal Year 2005.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Eshoo which withholds funding from the Office of the 
Undersecretary of Defense for Intelligence until the Secretary 
of Defense provides a full accounting of all contacts related 
to intelligence between DoD personnel and its contractors and 
Ahmed Chalabi and Chalabi's associates, as well as the 
information, sources and documents these individuals provided 
to DoD.
    Results: Defeated 3 to 6.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Sessions--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 292

    Date: June 22, 2004.
    Measure: H.R. 4548--Intelligence Authorization Act for 
Fiscal Year 2005.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Lee which prohibits the Intelligence Community from using 
federal funds to furnish military equipment, military training 
or advice, or other support for military activities, to any 
group or individual, not part of a country's armed forces, for 
the purpose of overthrowing a democratically elected 
government.
    Results: Defeated 3 to 6.
    Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Sessions--Nay; Frost--Yea; Slaughter--Yea; 
McGovern--Yea; Dreier--Nay.

Rules Committee record vote No. 293

    Date: June 22, 2004.
    Measure: H.R. 4548--Intelligence Authorization Act for 
Fiscal Year 2005.
    Motion by: Mr. Linder.
    Summary of motion: To report the resolution.
    Results: Agreed to 6 to 3.
    Vote by Members: Goss--Yea; Linder--Yea; Diaz-Balart--Yea; 
Hastings (WA)--Yea; Sessions--Yea; Frost--Nay; Slaughter--Nay; 
McGovern--Nay; Dreier--Yea.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries of amendments derived from information provided 
by the sponsor.)
    Goss: Restores the authorization of funds for the National 
Drug Intelligence Center (NDIC) to the level requested by the 
President in the fiscal year 2005 budget request ($37.8 
million). (10 Minutes)
    Gallegly: Amends current law regarding designations of 
Foreign Terrorist Organizations (FTO). Replaces the requirement 
to formally re-designate FTOs every 2 years with a procedure 
allowing these groups to petition the Secretary at 2-year 
intervals to have their designation revoked. Requires the 
Secretary to review the designation of each FTO every 6 years. 
Establishes a new procedure for handling the situation in which 
a terrorist organization changes its name or uses new aliases. 
Requires that the State Department's annual report on terrorism 
include information on countries and FTOs that are seeking to 
obtain weapons of mass destruction. (20 Minutes)
    Boehlert: Expresses the sense of Congress to: affirm that 
the world has been made safer with the dismantling and removal 
of Libya's weapons of mass destruction and the means to deliver 
them; acknowledge that this would not have been possible if not 
for the demonstrated resolve of the United States in the global 
war on terror and in the liberation of Iraq by United States 
and Coalition Forces; commend the President for having the 
courage to undertake those policies which persuaded Libya to 
agree to relinquish such weapons; and urge other countries such 
as Iran, Syria, and North Korea, to follow Libya's example and 
voluntarily dismantle their weapons of mass destruction and 
submit their programs to international inspections. (20 
Minutes)
    Johnson, Sam (TX): Expresses the sense of Congress that the 
apprehension, detention, and interrogation of terrorists are 
fundamental to the successful prosecution of the Global War on 
Terror. (20 Minutes)
    Rogers, Mike (MI): Expresses the sense of Congress in 
support of the efforts of the Intelligence Community. (20 
Minutes)
    Ackerman: Requires the Director of Central Intelligence to 
report to the appropriate committees of Congress regarding: the 
efforts of any Pakistani entity or individual to acquire or 
transfer weapons of mass destruction and related technologies 
or missile equipment and technology to any other nation, entity 
or individual; Pakistani steps to curb the proliferation of 
weapons of mass destruction and the means to deliver them; 
Pakistan steps to ensure that their own nuclear weapons are 
secure; an estimate of the size of the Pakistani fissile 
material stockpile; efforts by the government of Pakistan to 
fight al Qaeda, the Taliban, and other terrorist networks 
inside Pakistan; and efforts by the government of Pakistan to 
establish and strengthen democratic institutions in that 
country. Provides that the first report be due 90 days after 
the date of enactment and annually thereafter until April 1, 
2009. (10 Minutes)
    Shays: Expresses the sense of Congress that the head of 
each element of the Intelligence Community, including the 
Central Intelligence Agency, the Federal Bureau of 
Investigation, and the intelligence elements of the Department 
of Defense, the Department of State, and the Department of the 
Treasury should make available upon a request from a committee 
of Congress with jurisdiction over matters relating to the 
Office of the Iraq Oil-for-Food Program of the United Nations, 
any information and documents in the possession or control of 
such element in connection with any investigation of that 
Office by such a committee. (20 Minutes)
    Kucinich: Directs the Inspector General of the Central 
Intelligence Agency to audit the evidence of the relationship, 
existing prior to September 11, 2001, between the regime of 
Saddam Hussein and al-Qaeda, referenced in all intelligence 
reporting, including products, briefings, and memoranda, 
distributed by the Central Intelligence Agency to the White 
House and Congress. (10 Minutes)
    Simmons: Directs the Director of Central Intelligence to 
report to Congress on the progress the Intelligence Community 
is making in utilizing Open Source Intelligence (OSINT). (10 
Minutes)
    Reyes: Withholds 25% of the funds available to the Central 
Intelligence Agency Program, the General Defense Intelligence 
Program, the Joint Military Intelligence Program, and the Army 
Tactical Intelligence and Related Activities Program until the 
appropriate congressional committees receive all documents 
related to the handling and treatment of detainees in Iraq, 
Afghanistan, Guantanamo Bay, and elsewhere. (20 Minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Goss of Florida, or His 
                Designee, To Be Debatable for 10 Minutes

    In section 104(e)(1), strike ``$29,811,000'' and insert 
``$37,811,000''.
                              ----------                              


2. An Amendment To Be Offered by Representative Gallegly of California, 
            or His Designee, To Be Debatable for 20 Minutes

  Add at the end the following new title:

  TITLE VII--REFORM OF DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS

SEC. 701. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

  (a) Period of Designation.--Section 219(a)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is 
amended--
          (1) in subparagraph (A)--
                  (A) by striking ``Subject to paragraphs (5) 
                and (6), a'' and inserting ``A''; and
                  (B) by striking ``for a period of 2 years 
                beginning on the effective date of the 
                designation under paragraph (2)(B)'' and 
                inserting ``until revoked under paragraph (5) 
                or (6) or set aside pursuant to subsection 
                (c)'';
          (2) by striking subparagraph (B) and inserting the 
        following:
                  ``(B) Review of designation upon petition.--
                          ``(i) In general.--The Secretary 
                        shall review the designation of a 
                        foreign terrorist organization under 
                        the procedures set forth in clauses 
                        (iii) and (iv) if the designated 
                        organization files a petition for 
                        revocation within the petition period 
                        described in clause (ii).
                          ``(ii) Petition period.--For purposes 
                        of clause (i)--
                                  ``(I) if the designated 
                                organization has not previously 
                                filed a petition for revocation 
                                under this subparagraph, the 
                                petition period begins 2 years 
                                after the date on which the 
                                designation was made; or
                                  ``(II) if the designated 
                                organization has previously 
                                filed a petition for revocation 
                                under this subparagraph, the 
                                petition period begins 2 years 
                                after the date of the 
                                determination made under clause 
                                (iv) on that petition.
                          ``(iii) Procedures.--Any foreign 
                        terrorist organization that submits a 
                        petition for revocation under this 
                        subparagraph must provide evidence in 
                        that petition that the relevant 
                        circumstances described in paragraph 
                        (1) have changed in such a manner as to 
                        warrant revocation with respect to the 
                        organization.
                          ``(iv) Determination.--
                                  ``(I) In general.--Not later 
                                than 180 days after receiving a 
                                petition for revocation 
                                submitted under this 
                                subparagraph, the Secretary 
                                shall make a determination as 
                                to such revocation.
                                  ``(II) Classified 
                                information.--The Secretary may 
                                consider classified information 
                                in making a determination in 
                                response to a petition for 
                                revocation. Classified 
                                information shall not be 
                                subject to disclosure for such 
                                time as it remains classified, 
                                except that such information 
                                may be disclosed to a court ex 
                                parte and in camera for 
                                purposes of judicial review 
                                under subsection (c).
                                  ``(III) Publication of 
                                determination.--A determination 
                                made by the Secretary under 
                                this clause shall be published 
                                in the Federal Register.
                                  ``(IV) Procedures.--Any 
                                revocation by the Secretary 
                                shall be made in accordance 
                                with paragraph (6).''; and
          (3) by adding at the end the following:
                  ``(C) Other review of designation.--
                          ``(i) In general.--If in a 6-year 
                        period no review has taken place under 
                        subparagraph (B), the Secretary shall 
                        review the designation of the foreign 
                        terrorist organization in order to 
                        determine whether such designation 
                        should be revoked pursuant to paragraph 
                        (6).
                          ``(ii) Procedures.--If a review does 
                        not take place pursuant to subparagraph 
                        (B) in response to a petition for 
                        revocation that is filed in accordance 
                        with that subparagraph, then the review 
                        shall be conducted pursuant to 
                        procedures established by the 
                        Secretary. The results of such review 
                        and the applicable procedures shall not 
                        be reviewable in any court.
                          ``(iii) Publication of results of 
                        review.--The Secretary shall publish 
                        any determination made pursuant to this 
                        subparagraph in the Federal 
                        Register.''.
  (b) Aliases.--Section 219 of the Immigration and Nationality 
Act (8 U.S.C. 1189) is amended--
          (1) by redesignating subsections (b) and (c) as 
        subsections (c) and (d), respectively; and
          (2) by inserting after subsection (a) the following 
        new subsection (b):
  ``(b) Amendments to a Designation.--
          ``(1) In general.--The Secretary may amend a 
        designation under this subsection if the Secretary 
        finds that the organization has changed its name, 
        adopted a new alias, dissolved and then reconstituted 
        itself under a different name or names, or merged with 
        another organization.
          ``(2) Procedure.--Amendments made to a designation in 
        accordance with paragraph (1) shall be effective upon 
        publication in the Federal Register. Subparagraphs (B) 
        and (C) of subsection (a)(2) shall apply to an amended 
        designation upon such publication. Paragraphs 
        (2)(A)(i), (4), (5), (6), (7), and (8) of subsection 
        (a) shall also apply to an amended designation.
          ``(3) Administrative record.--The administrative 
        record shall be corrected to include the amendments as 
        well as any additional relevant information that 
        supports those amendments.
          ``(4) Classified information.--The Secretary may 
        consider classified information in amending a 
        designation in accordance with this subsection. 
        Classified information shall not be subject to 
        disclosure for such time as it remains classified, 
        except that such information may be disclosed to a 
        court ex parte and in camera for purposes of judicial 
        review under subsection (c).''.
  (c) Technical and Conforming Amendments.--Section 219 of the 
Immigration and Nationality Act (8 U.S.C. 1189) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (3)(B), by striking 
                ``subsection (b)'' and inserting ``subsection 
                (c)'';
                  (B) in paragraph (6)(A)--
                          (i) in the matter preceding clause 
                        (i), by striking ``or a redesignation 
                        made under paragraph (4)(B)'' and 
                        inserting ``at any time, and shall 
                        revoke a designation upon completion of 
                        a review conducted pursuant to 
                        subparagraphs (B) and (C) of paragraph 
                        (4)''; and
                          (ii) in clause (i), by striking ``or 
                        redesignation'';
                  (C) in paragraph (7), by striking ``, or the 
                revocation of a redesignation under paragraph 
                (6),''; and
                  (D) in paragraph (8)--
                          (i) by striking ``, or if a 
                        redesignation under this subsection has 
                        become effective under paragraph 
                        (4)(B),''; and
                          (ii) by striking ``or 
                        redesignation''; and
          (2) in subsection (c), as so redesignated--
                  (A) in paragraph (1), by striking ``of the 
                designation in the Federal Register,'' and all 
                that follows through ``review of the 
                designation'' and inserting ``in the Federal 
                Register of a designation, an amended 
                designation, or a determination in response to 
                a petition for revocation, the designated 
                organization may seek judicial review'';
                  (B) in paragraph (2), by inserting ``, 
                amended designation, or determination in 
                response to a petition for revocation'' after 
                ``designation'';
                  (C) in paragraph (3), by inserting ``, 
                amended designation, or determination in 
                response to a petition for revocation'' after 
                ``designation''; and
                  (D) in paragraph (4), by inserting ``, 
                amended designation, or determination in 
                response to a petition for revocation'' after 
                ``designation'' each place that term appears.
  (d) Savings Provision.--For purposes of applying section 219 
of the Immigration and Nationality Act on or after the date of 
enactment of this Act, the term ``designation'', as used in 
that section, includes all redesignations made pursuant to 
section 219(a)(4)(B) of the Immigration and Nationality Act (8 
U.S.C. 1189(a)(4)(B)) prior to the date of enactment of this 
Act, and such redesignations shall continue to be effective 
until revoked as provided in paragraph (5) or (6) of section 
219(a) of the Immigration and Nationality Act (8 U.S.C. 
1189(a)).

SEC. 702. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY REPORTS ON 
                    TERRORISM OF INFORMATION ON TERRORIST GROUPS THAT 
                    SEEK WEAPONS OF MASS DESTRUCTION AND GROUPS THAT 
                    HAVE BEEN DESIGNATED AS FOREIGN TERRORIST 
                    ORGANIZATIONS.

  (a) Inclusion in Reports.--Section 140 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989 (22 
U.S.C. 2656f) is amended--
          (1) in subsection (a)(2)--
                  (A) by inserting ``any terrorist group known 
                to have obtained or developed, or to have 
                attempted to obtain or develop, weapons of mass 
                destruction,'' after ``during the preceding 
                five years,''; and
                  (B) by inserting ``any group designated by 
                the Secretary as a foreign terrorist 
                organization under section 219 of the 
                Immigration and Nationality Act (8 U.S.C. 
                1189),'' after ``Export Administration Act of 
                1979,'';
          (2) in subsection (b)(1)(C)(iii), by striking ``and'' 
        at the end;
          (3) in subsection (b)(1)(C)--
                  (A) by redesignating clause (iv) as clause 
                (v); and
                  (B) by inserting after clause (iii) the 
                following new clause:
                          ``(iv) providing weapons of mass 
                        destruction, or assistance in obtaining 
                        or developing such weapons, to 
                        terrorists or terrorist groups; and''; 
                        and
          (4) in subsection (b)(2)--
                  (A) by redesignating subparagraphs (C), (D), 
                and (E) as (D), (E), and (F), respectively; and
                  (B) by inserting after subparagraph (B) the 
                following new subparagraph:
                  ``(C) efforts by those groups to obtain or 
                develop weapons of mass destruction;''.
  (b) Effective Date.--The amendments made by subsection (a) 
shall apply beginning with the first report under section 140 
of the Foreign Relations Authorization Act, Fiscal Years 1988 
and 1989 (22 U.S.C. 2656f), submitted more than one year after 
the date of the enactment of this Act.
                              ----------                              


3. An Amendment To Be Offered by Representativbe Boehlert of New York, 
            or His Designee, To Be Debatable for 20 Minutes

  At the end of title III (page 11, after line 8), insert the 
following new section:

SEC. 304. SENSE OF CONGRESS ON THE DISMANTLING AND REMOVAL OF LIBYA'S 
                    WEAPONS OF MASS DESTRUCTION.

  (a) Findings.--The Congress finds the following:
          (1) Libya has been listed as a state sponsor of 
        terrorism by the Department of State each year since 
        1979.
          (2) A German court found the Libyan Government guilty 
        of the East Berlin La Belle disco bombing of 1986, in 
        which two U.S. servicemen were killed.
          (3) A Scottish court in January 2001 found a former 
        Libyan official guilty of the 1988 bombing of Pan Am 
        Flight 103.
          (4) Libya received and deserved world's condemnations 
        for these horrific acts against innocents.
          (5) In March 2003, while Coalition Forces were 
        preparing to liberate Iraq, Libya quietly approached 
        members of the intelligence services of the United 
        States and United Kingdom and indicated a willingness 
        to discuss Libya's weapons of mass destruction 
        programs.
          (6) On December 19, 2003, after nine months of 
        intense negotiations, Libya publicly announced that it 
        was prepared to eliminate all elements of its 
        clandestine nuclear and chemical weapons programs.
          (7) The United States, the United Kingdom, partners 
        in the Proliferation Security Initiative and key arms 
        control agencies, including the International Atomic 
        Energy Agency (IAEA) and the Organization for the 
        Prohibition of Chemical Weapons (OPCW), have worked in 
        a multilateral and concerted fashion with Libya in an 
        effort to completely dismantle Libya's weapons of mass 
        destruction programs and the means to deliver them.
          (8) Because of the hard work by the men and women of 
        the intelligence community, United States policymakers 
        were able to work successfully to convince Libya to 
        relinquish its WMD programs.
          (9) On January 27, 2004, a cargo plane flew from 
        Libya to Knoxville, Tennessee, carrying 55,000 pounds 
        of equipment and documents relating to Libya's nuclear 
        weapons and missile programs.
          (10) Documents relating to those programs indicate 
        that Libya had purchased a virtual ``turnkey facility'' 
        to produce parts for gas centrifuges together with 
        assistance to assemble and test these centrifuges, and 
        was otherwise attempting to develop a large uranium 
        enrichment plant which could have produced enough fuel 
        for several nuclear bombs a year.
          (11) On January 24, 2004, Libya announced that it 
        would accede to the Chemical Weapons Convention (CWC).
          (12) On March 4, 2004, Libya submitted its Chemical 
        Weapons Convention declaration, including a full 
        declaration of its chemical weapons, an inventory of 
        its production capacity, a description of any 
        industrial activity that could be involved in making 
        illegal weapons, and a plan for destroying any banned 
        materials.
          (13) All of Libya's known chemical munitions have 
        since been destroyed and the country's stocks of 
        mustard gas have been consolidated within a single 
        secure facility under the supervision of the OPCW.
          (14) On May 6, 2004, a cargo ship departed Libya for 
        the United States carrying an additional 1,000 tons of 
        weapons of mass destruction equipment, including 
        centrifuge parts and components needed to enrich 
        uranium, the Libyan uranium conversion facility and all 
        associated equipment, five SCUD-C missiles and 
        launchers, and two partial missiles.
          (15) In testimony before the Committee on 
        International Relations of the House of Representatives 
        on May 10, 2004, Assistant Secretary of State for 
        Verification and Compliance, Paula DeSutter, indicated 
        that Libya had signed the additional protocol for the 
        IAEA in Vienna and announced ``the complete 
        dismantlement of Libya's longest range and most 
        sophisticated missiles and the elimination of all of 
        Libya's declared chemical munitions''.
          (16) International inspectors and monitors are 
        expected to remain on the ground with full cooperation 
        from Libya to ensure that Libya possesses no biological 
        weapons programs and that its weapons of mass 
        destruction programs have been fully dismantled and or 
        converted to civilian use.
          (17) The United States and Libya currently are 
        engaged in talks to enter a third phase of negotiations 
        focused on follow-up, verification, and long-term 
        monitoring to ensure that Libya's weapons of mass 
        destruction programs and the means to deliver them have 
        been completely dismantled, as well as plans for the 
        retraining of Libyan scientists and technicians for 
        peaceful work.
          (18) Libya's cooperation with international 
        inspectors and revelations about procurement networks 
        have helped identify numerous black market suppliers in 
        an ``international supermarket'' for nuclear parts and 
        weapons designs that also has aided such countries as 
        Iran, Syria, and North Korea.
          (19) Other countries voluntarily have dismantled 
        their weapons of mass destruction programs, but Libya 
        is the first and only country on the Department of 
        State's list of State Sponsors of Terrorism to do so.
          (20) Libya's decision to shed it pariah status and 
        divest itself of its weapons of mass destruction 
        programs can be directly attributed to the demonstrated 
        resolve of the United States in the global war against 
        terrorism, the liberation of Iraq by United States 
        Armed Forces and Coalition Forces, and the adoption of 
        policies in targeting and seizing shipments of such 
        weapons.
          (21) It is appropriate to pursue a policy of cautious 
        and deliberate re-engagement with Libya based upon 
        verifiable results, but the United States should not 
        restore full diplomatic relations with Libya unless and 
        until Libya has--
                  (A) agreed and submitted to comprehensive 
                monitoring of the full dismantling of its 
                weapons of mass destruction programs;
                  (B) severed all links to and support for acts 
                of international terrorism;
                  (C) ceased all support for insurgency groups 
                which have destabilized countries in Africa;
                  (D) demonstrated respect for human rights and 
                the rule of law;
                  (E) implemented its pledge to cooperate in 
                the further investigation of the destruction of 
                Pan Am Flight 103; and
                  (F) settled all legal claims relating to past 
                acts of international terrorism, including but 
                not limited to the bombings of Pan Am Flight 
                103 and the La Belle Discotheque.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the world has been made safer with the 
        dismantling and removal of Libya's weapons of mass 
        destruction and the means to deliver them;
          (2) this would not have been possible if not for the 
        demonstrated resolve of the United States in the global 
        war on terror and in the liberation of Iraq by United 
        States and Coalition Forces;
          (3) the President should be commended for having the 
        courage to undertake those policies which persuaded 
        Libya to agree to relinquish such weapons; and
          (4) other countries such as Iran, Syria, and North 
        Korea, should follow Libya's example, and voluntarily 
        dismantle their weapons of mass destruction and submit 
        their programs to international inspections.
                              ----------                              


 4. An Amendment To Be Offered by Representative Sam Johnson of Texas, 
            or His Designee, To Be Debatable for 20 Minutes

  At the end of title III (page 11, after line 8), insert the 
following new section:

SEC. 304. SENSE OF CONGRESS THAT THE APPREHENSION, DETENTION, AND 
                    INTERROGATION OF TERRORISTS ARE FUNDAMENTAL TO THE 
                    SUCCESSFUL PROSECUTION OF THE GLOBAL WAR ON TERROR.

  (a) Findings.--The Congress finds the following:
          (1) Throughout the 1980s and 1990s, the people of the 
        United States were too often brutalized again and again 
        by deadly terrorist violence, as evidenced by the 
        hundreds of American deaths in the Beirut and Lockerbie 
        bombings, the attack on the World Trade Center in 1993, 
        the destruction of the Khobar Towers military barracks, 
        the bombing of the American embassies in Kenya and 
        Tanzania, and the vicious attacks on the USS Cole in 
        2000.
          (2) The terrorist violence targeted against the 
        United States became more emboldened after each attack, 
        culminating in the deadly attacks on the World Trade 
        Center and the Pentagon on September 11, 2001, which 
        killed thousands of innocent Americans, including 
        innocent women and children.
          (3) Since September 11, 2001, the citizens of the 
        United States have remained the priority target of 
        terrorist violence, with journalists and employees of 
        non-governmental organizations being held hostage, 
        tortured, and decapitated in the name of terror.
          (4) Congress has authorized the President to use all 
        necessary and appropriate means to defeat terrorism; 
        and on numerous occasions since September 11, 2001, and 
        throughout the Global War on Terror, the interrogation 
        of detainees has yielded valuable intelligence that has 
        saved the lives of American military personnel and 
        American citizens at home and abroad.
          (5) The interrogation of detainees has also provided 
        highly valuable insights into the structure of 
        terrorist organizations, their target selection 
        process, and the identities of key operational and 
        logistical personnel that were previously unknown to 
        the Intelligence Community.
          (6) The lawful interrogation of detainees is 
        consistent with the United States Constitution.
          (7) The abuses against detainees documented at Abu 
        Ghraib prison in Iraq were deplorable aberrations that 
        were not part of United States policy and were not in 
        keeping with the finest traditions of the United States 
        military and the honorable men and women who serve.
          (8) The loss of interrogation-derived information 
        would have a disastrous effect on the Nation's 
        intelligence collection and counterterrorism efforts 
        and would constitute a damaging reversal in the Global 
        War on Terror during this critical time.
          (9) The apprehension, detention, and interrogation of 
        terrorists are essential elements to successfully 
        waging the Global War on Terror.
          (10) The interrogation of detainees can and should 
        continue by the United States within the bounds of the 
        United States Constitution and the laws of the United 
        States of America.
  (b) Sense of Congress.--It is the sense of Congress that the 
apprehension, detention, and interrogation of terrorists are 
fundamental to the successful prosecution of the Global War on 
Terror.
                              ----------                              


5. An Amendment To Be Offered by Representative Rogers of Michigan, or 
              His Designee, To Be Debatable for 20 Minutes

  At the end of title III (page 11, after line 8), insert the 
following new section:

SEC. 304. SENSE OF CONGRESS ON SUPPORT FOR THE EFFORTS OF THE 
                    INTELLIGENCE COMMUNITY.

  (a) Findings.--The Congress finds the following:
          (1) The men and women of the intelligence community 
        are the backbone of the Nation's efforts to gather and 
        collect the intelligence which is vital to the national 
        security of the United States.
          (2) The men and women of the intelligence community 
        are great patriots who perform their jobs without fan 
        fair and all too often without receiving the proper 
        credit.
          (3) The men and women of the intelligence community 
        are combating vastly different threats to the Nation's 
        security compared to their Cold War colleagues.
          (4) Threats to the United States have evolved through 
        the use of technology and non-state actions, demanding 
        alternatives to traditional diplomatic actions.
          (5) The 1995 ``Deutch Guidelines'' regarding the 
        recruitment of foreign assets impeded human 
        intelligence collection efforts and contributed to the 
        creation of a risk averse environment. Despite repeated 
        efforts by the intelligence oversight committees of 
        Congress to convince the Director of Central 
        Intelligence to drop the guidelines, these guidelines 
        stood until formally repealed in 2001 by an Act of 
        Congress.
          (6) The President's budget request for the 
        intelligence community fell by 11 percent from 1993 to 
        1995.
          (7) Congress cut the President's budget request for 
        the intelligence community each year from 1992 through 
        1994.
          (8) The cutbacks in resources and political support 
        during the middle of the previous decade has caused 
        nearly irreversible damage.
          (9) Widespread risk aversion in clandestine HUMINT 
        collection and intelligence analysis resulted from lack 
        of resources and, more importantly, of political 
        support for the mission during the middle of the 
        previous decade.
          (10) Unnecessarily cumbersome legal impediments to 
        the clandestine HUMINT collection mission were raised 
        during the middle of the previous decade, leaving our 
        intelligence officers unable to penetrate legitimate 
        target organizations, such as terrorist groups.
          (11) Congress and the current President have worked 
        cooperatively to restore funding, personnel levels, and 
        political support for intelligence.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the intelligence community should be revitalized 
        by investing in the missions, people, and capabilities 
        of the community; and
          (2) the efforts of the men and women of the 
        intelligence community should be recognized and 
        commended.
                              ----------                              


 6. An Amendment To Be Offered by Representative Ackerman of New York, 
            or His Designee, To Be Debatable for 10 Minutes

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

SEC. 304. REPORTS ON PAKISTANI EFFORTS TO CURB PROLIFERATION OF WEAPONS 
                    OF MASS DESTRUCTION AND TO FIGHT TERRORISM.

  (a) In General.--The Director of Central Intelligence shall 
submit to the appropriate committees of Congress classified 
reports on the following matters:
          (1) The efforts by the Government of Pakistan, or 
        individuals or entities in Pakistan, to acquire or 
        transfer weapons of mass destruction and related 
        technologies, or missile equipment and technology, to 
        any other nation, entity, or individual.
          (2) The steps taken by the Government of Pakistan to 
        combat proliferation of weapons of mass destruction and 
        related technologies.
          (3) The steps taken by the Government of Pakistan to 
        safeguard nuclear weapons and related technologies in 
        the possession of the Government of Pakistan.
          (4) The size of the stockpile of fissile material of 
        the Government of Pakistan and whether any additional 
        fissile material has been produced.
          (5) The efforts by the Government of Pakistan to 
        fight Al Qaeda and the Taliban as well as to dismantle 
        terrorist networks operating inside of Pakistan.
          (6) The efforts by the Government of Pakistan to 
        establish and strengthen democratic institutions in 
        Pakistan.
  (b) Deadline for Submittal of Reports.--(1) The Director of 
Central Intelligence shall submit the first report required 
under subsection (a) not later than 90 days after the date of 
the enactment of this Act.
  (2) The Director shall submit subsequent reports required 
under subsection (a) on April 1 of 2005, 2006, 2007, 2008, and 
2009.
  (c) Definitions.--In this section:
          (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the 
        following:
                  (A) The Committee on Appropriations, the 
                Committee on Armed Services, the Select 
                Committee on Intelligence, and the Committee on 
                Foreign Relations of the Senate.
                  (B) The Committee on Appropriations, the 
                Committee on Armed Services, the Permanent 
                Select Committee on Intelligence, and the 
                Committee on International Relations of the 
                House of Representatives.
          (2) Weapons of mass destruction.--The term ``weapons 
        of mass destruction'' has the meaning given such term 
        in section 1403(1) of the Defense Against Weapons of 
        Mass Destruction Act of 1996. (Public Law 104-201).
          (3) Missile equipment and technology.--The term 
        ``missile equipment and technology'' has the meaning 
        given such term in section 74(a)(5) of the Arms Export 
        Control Act (22 U.S.C. 2797c(a)(5)).
                              ----------                              


 7. An Amendment To Be Offered By Representative Shays of Connecticut, 
            or His Designee, To Be Debatable for 20 Minutes

  At the end of title III (page 11, after line 8), insert the 
following new section:

SEC. 304. SENSE OF CONGRESS.

  It is the Sense of Congress that the head of each element of 
the intelligence community, including the Central Intelligence 
Agency, the Federal Bureau of Investigation, and the 
intelligence elements of the Department of Defense, the 
Department of State, and the Department of the Treasury should 
make available upon a request from a committee of Congress with 
jurisdiction over matters relating to the Office of the Iraq 
Oil-for-Food Program of the United Nations, any information and 
documents in the possession or control of such element in 
connection with any investigation of that Office by such a 
committee.
                              ----------                              


 8. An Amendment To Be Offered by Representative Kucinich of Ohio, or 
              His Designee, To Be Debatable for 10 Minutes

  At the end of title III (page 11, after line 8), insert the 
following new section:

SEC. 304. INSPECTOR GENERAL REPORT ON EVIDENCE OF RELATIONSHIP BETWEEN 
                    SADDAM HUSSEIN AND AL-QAEDA.

  (a) Audit.--The Inspector General of the Central Intelligence 
Agency shall conduct an audit of the evidence of any 
relationship, existing before September 11, 2001, between the 
regime of Saddam Hussein and al-Qaeda, referenced in all 
intelligence reporting of the Central Intelligence Agency, 
including products, briefings and memoranda, distributed to the 
White House and Congress.
  (b) Report to Congress.--Not later than one year after the 
date of the enactment of this Act, the Inspector General shall 
submit to Congress a report on the audit conducted under 
subsection (a).
                              ----------                              


9. An Amendment To Be Offered by Representative Simmons of Connecticut, 
            or His Designee, To Be Debatable for 10 Minutes

  At the end of title III (page 11, after line 8), insert the 
following new section:

SEC. 304. REPORT ON USE OF OPEN SOURCE INTELLIGENCE.

  Not later than 6 months after the date of the enactment of 
this Act, the Director of Central Intelligence shall submit to 
Congress an unclassified report on progress made by the 
intelligence community with respect to the use of Open Source 
Intelligence (OSINT).
                              ----------                              


10. An Amendment To Be Offered by Representative Reyes of Texas, or His 
                Designee, To Be Debatable for 20 Minutes

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

SEC. 304. REQUIREMENT FOR IMMEDIATE SUBMITTAL OF DOCUMENTS RELATING TO 
                    DETAINEES OF THE UNITED STATES.

  (a) Withholding of 25 Percent of Funding for Certain 
Programs.--25 percent of amounts otherwise available to carry 
out the functions or duties under the following programs may 
not be obligated or expended until the date on which all of the 
documents described in subsection (b) are submitted to the 
appropriate congressional committees:
          (1) The Central Intelligence Agency Program.
          (2) The Army Tactical Intelligence and Related 
        Activities Program.
          (3) The General Defense Intelligence Program.
          (4) The Joint Military Intelligence Program.
  (b) Documents Described.--The documents referred to in 
subsection (a) are all documents, including reports, 
correspondence, legal memoranda, and electronic communications 
related to the handling and treatment of detainees under the 
custody and control of the United States or individuals held on 
behalf of the United States in Iraq, Afghanistan, Guantanamo 
Bay, Cuba, and elsewhere.
  (c) Appropriate Congressional Committees.--In this section, 
the term ``appropriate congressional committees'' means the 
following:
          (1) The Select Committee on Intelligence, the 
        Committee on Armed Services, and the Committee on 
        Appropriations of the Senate.
          (2) The Permanent Select Committee on Intelligence, 
        the Committee on Armed Services, and the Committee on 
        Appropriations of the House of Representatives.

                                  
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