[House Report 109-438]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-438

======================================================================



 
 PROVIDING FOR CONSIDERATION OF H.R. 5020, INTELLIGENCE AUTHORIZATION 
                        ACT FOR FISCAL YEAR 2007

                                _______
                                

   April 25, 2006.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Putnam, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 774]

    The Committee on Rules, having had under consideration 
House Resolution 774, by a nonrecord vote, 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. 5020, the 
Intelligence Authorization Act for Fiscal Year 2007, 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 the amendments printed in 
this report may be offered only in the order printed 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.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill is necessary because the report of the Permanent 
Select Committee on Intelligence fails to meet the requirements 
of clause 3(c)(4) of rule XIII, requiring a statement of 
general performance goals and objectives. The waiver of all 
points of order against the committee amendment in the nature 
of a substitute includes a waiver of clause 4 of rule XXI, 
prohibiting appropriations on legislative bills, because the 
committee amendment contains provisions (specifically sections 
305 and 306) in violation of such rule.
    In addition, the waiver of all points of order against 
consideration of the bill includes a prophylactic waiver of 
section 302(f) of the Congressional Budget Act, which prohibits 
consideration of legislation providing new budget authority in 
excess of a subcommittee's 302(b) allocation of such authority, 
because the total budget authority authorized in the bill is 
classified and therefore unavailable.

                            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. 177

    Date: April 25, 2006.
    Measure: H.R. 5020, Intelligence Authorization Act for 
Fiscal Year 2007.
    Motion by: Mrs. Slaughter.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Ms. Eshoo, 
which provides a Sense of Congress that all electronic 
surveillance conducted on U.S. persons inside the United States 
must comply with the 4th Amendment to the Constitution, and be 
conducted in accordance with Title 18 criminal electronic 
surveillance law or the Foreign Intelligence Surveillance Act 
(FISA).
    Results: Defeated 3 to 6.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Capito--Nay; Cole--Nay; Slaughter--Yea; 
McGovern--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 178

    Date: April 25, 2006.
    Measure: H.R. 5020, Intelligence Authorization Act For 
Fiscal Year 2007.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Holt, 
which requires the President and Vice President to inform the 
Intelligence Committees and originating agencies of intent to 
declassify intelligence information. An exemption is provided 
for information sought pursuant to a FOIA request.
    Results: Defeated 3 to 7.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Slaughter--
Yea; McGovern--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 179

    Date: April 25, 2006
    Measure: H.R. 5020, Intelligence Authorization Act For 
Fiscal Year 2007.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Shays, 
which makes changes to the Privacy and Civil Liberties 
Oversight Board established by the Intelligence Reform Act 
(P.L. 108-458). Would give the Privacy and Civil Liberties 
Board subpoena power; create the Board as an independent agency 
in the executive branch; require that all 5 members of the 
Board be confirmed by the Senate; require that no more than 3 
members can be from the same political party; set a term for 
Board members at 6 years; create the chairman as a full-time 
member of the Board; restore the qualifications of Board 
members that were originally included in the Senate bill, 
restore reporting requirements to Congress; require each 
executive department or agency with law enforcement or 
antiterrorism functions should designate a privacy and civil 
liberties officer; require that the President's annual budget 
contain a specific funding line for the Board.
    Results: Defeated 3 to 7.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Slaughter--
Yea; McGovern--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 180

    Date: April 25, 2006.
    Measure: H.R. 5020, Intelligence Authorization Act For 
Fiscal Year 2007.
    Motion by: Mrs. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Schiff, 
which requires classified disclosure to the members of the two 
committees (Jud and HPSCI) with oversight over FISA about U.S. 
persons who have been the subject of NSA electronic 
surveillance, and what criteria was used to target them. Will 
provide Congress with the opportunity to understand the program 
and whether current law should be amended to either grant the 
President the power he seeks, or make any other modifications 
to current law that Congress deems appropriate. Until such 
action occurs, the amendment states that FISA continues to be 
the exclusive means by which domestic electronic surveillance 
may be conducted. Also makes clear that the Authorization for 
Use of Military Force does not provide an exception to FISA and 
the federal criminal wiretap statutes.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 181

    Date: April 25, 2006.
    Measure: H.R. 5020, Intelligence Authorization Act For 
Fiscal Year 2007.
    Motion by: Mrs. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Reyes, 
which provides an annual authorization of $3 million for 
purposes of carrying out the operations of the President's 
Privacy and Civil Liberties Board created in the Intelligence 
Reform and Terrorism Prevention Act of 2004.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 182

    Date: April 25, 2006.
    Measure: H.R. 5020, Intelligence Authorization Act For 
Fiscal Year 2007.
    Motion by: Mrs. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mr. Boswell, 
which requires the Director of National Intelligence to submit 
reports to Congress on Iran Weapons of Mass Destruction every 
90 days. Requires reports to include an assessment of Iran's 
nuclear programs, evaluation of intelligence sources, summary 
of new intelligence and any information that would reduce 
confidence in overall assessment.
    Results: Defeated 3 to 8.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Gingrey--
Nay; Slaughter--Yea; McGovern--Yea; Matsui--Yea; Dreier--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Hoekstra (MI): Strikes a provision relating to the 
Freedom of Information Act in Section 421 of the Committee 
Amendment, relating to protection of intelligence sources and 
methods. Clarifies that the membership of the Drug Enforcement 
Administration on the intelligence community is limited to the 
Office of National Security Intelligence of the Drug 
Enforcement Administration. (10 minutes)
    2. Fossella (NY): Authorizes $5 million for a study to be 
conducted by the Secretary of the Department of Homeland 
Security (DHS) and the Director of National Intelligence (DNI) 
to identify the problems and the successes of terrorist-threat 
information sharing between the Federal, State, and local 
levels of government. Authorizes $10 million to establish 
centers of best practices. $3 million is authorized for the 
following five years to cover operational expenses of the 
centers. (10 minutes)
    3. Lee (CA): Requires a report to House and Senate 
Intelligence committees describing any authorization granted 
during the past 10 years to engage in intelligence activities 
related to the overthrow of a democratically elected 
government. (10 minutes)
    4. Price (NC): Requires: (1) the DNI to report to Congress 
on regulations issued by agencies within the Intelligence 
Community regarding minimum standards for hiring and training 
of contractors, functions appropriate for private sector 
contractors, and procedures for preventing waste, fraud, and 
abuse; (2) contractors awarded Intelligence Community contracts 
to provide a transparent accounting of their work to their 
contracting officers within Intelligence Community agencies; 
(3) the DNI to submit an annual report to Congress on the 
contracts awarded by Intelligence Community agencies; and (4) 
the DNI to make recommendations to Congress on enhancing the 
Intelligence Community's ability to hire, promote, and retain 
highly qualified and experienced professional staff. (10 
minutes)
    5. Andrews (NJ): Requires the Director of National 
Intelligence to provide the Congress with a quarterly 
classified intelligence report on insurgent forces in Iraq. The 
report would contain intelligence on (1) the number of 
insurgent forces in Iraq, (2) the number of insurgent forces 
that are former members of the Ba'ath Party, (3) the number of 
insurgent forces that are members of al Qaeda or other known 
terrorist organizations, (4) a description of where the 
insurgent forces are located, their capabilities and sources of 
funding. (10 minutes)
    6. Renzi (AZ): Makes findings with respect to the 
President's authority to protect national security information 
and the harm from unauthorized disclosures of classified 
information, and express the Sense of Congress that the 
President should utilize his constitutional authority to the 
fullest extent practicable (where warranted) to classify and 
protect national security information and take action against 
persons who commit unauthorized disclosures. (20 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER


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

    In section 421, strike subsection (c) (page 29, lines 15 
through 23).
    Page 29, line 24, redesignate subsection (d) as subsection 
(c).
    Amend paragraph (1) of section 441 (page 39, line 8) to 
read as follows:
          (1) in subparagraph (H), by inserting ``the Coast 
        Guard'' after ``the Marine Corps'';
    Page 39, line 15, strike the final period and insert a 
semicolon.
    Page 39, after line 15, insert the following new 
paragraphs:
          (3) by redesignating subparagraph (L) as subparagraph 
        (M); and
          (4) by inserting after subparagraph (K) the following 
        new subparagraph:
                  ``(L) The Office of National Security 
                Intelligence of the Drug Enforcement 
                Administration.''.
                              ----------                              


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

    At the end of the bill, add the following (and conform the 
table of contents accordingly):

  TITLE VI--COMMUNICATION OF INFORMATION CONCERNING TERRORIST THREATS

SEC. 601. IDENTIFICATION OF BEST PRACTICES.

    (a) Study.--The Secretary of Homeland Security and the 
Director of National Intelligence shall conduct jointly, or 
contract with an entity to conduct, a study of the operations 
of Federal, State, and local government entities to identify 
best practices for the communication of information concerning 
a terrorist threat.
    (b) Contents.--
          (1) Identification of best practices.--The study 
        conducted under this section shall be focused on an 
        analysis and identification of the best practices of 
        the information sharing processes of the following 
        government entities.
                  (A) Joint Terrorism Task Forces, which are 
                operated by the Federal Bureau of 
                Investigations with the participation of local 
                law enforcement agencies.
                  (B) State Homeland Security Fusion Centers, 
                which are established by a State and share 
                information with Federal departments.
                  (C) The Homeland Security Operations Center, 
                which is operated by the Department of Homeland 
                Security for the purposes of coordinating 
                information.
                  (D) State and local law enforcement agencies 
                that collect, utilize, and disseminate 
                information on potential terrorist attacks.
                  (E) The appropriate elements of the 
                intelligence community, as defined in section 3 
                of the National Security Act of 1947 (50 U.S.C. 
                401a), involved in the sharing of counter-
                terrorism information.
          (2) Coordination of government entities.--The study 
        conducted under this section shall include an 
        examination of methods for coordinating the activities 
        of Federal, State, and local entities in responding to 
        a terrorist threat, and specifically the communication 
        to the general public of information concerning the 
        threat. The study shall not includean examination of 
the sources and methods used in the collection of the information.
    (c) Obtaining Official Data.--In conducting the study, the 
Secretary, in conjunction with the Director, with due regard 
for the protection of classified information, may secure 
directly from any department or agency of the United States 
information necessary to enable the Secretary to carry out this 
section. Classified information shall be handled through 
established methods for controlling such information.
    (d) Temporary Duty of Federal Personnel.--The Secretary, in 
conjunction with the Director, may request the head of any 
department or agency of the United States to detail to 
temporary duty personnel within the administrative jurisdiction 
of the head of the department or agency that the Secretary may 
need to carry out this section, each detail to be without loss 
of seniority, pay, or other employee status.
    (e) Report.--
          (1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary, in 
        conjunction with the Director, shall submit to Congress 
        a report that contains--
                  (A) a detailed statement of the findings and 
                conclusions of the study, including 
                identification of the best practices for the 
                processing, analysis, and dissemination of 
                information between the government entities 
                referred to in subsection (b)(1); and
                  (B) recommendations for a formalized process 
                of consultation, communication, and 
                confidentiality between Federal, State, and 
                local governments, incorporating the best 
                practices of the various entities studied, to 
                facilitate communication and help prevent the 
                unauthorized dissemination of information and 
                criticism of decisions concerning terrorist 
                threats.
          (2) Classified information.--To the extent determined 
        appropriate by the Secretary, in conjunction with the 
        Director, the Secretary may submit a portion of the 
        report in classified form.
    (f) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section $5,000,000 for 
fiscal year 2007.

SEC. 602. CENTERS OF BEST PRACTICES.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Director of National Intelligence, shall 
make grants for the establishment and operation of 3 centers to 
implement the best practices, identified by the study conducted 
under section 601, for theprocessing, analysis, and 
dissemination of information concerning a terrorist threat (in this 
section, each referred to as a ``Center'').
    (b) Location of Centers.--In carrying out subsection (a), 
the Secretary, in consultation with the Director, shall make 
grants to--
          (1) the State of New York for the establishment of a 
        Center to be located in New York City;
          (2) the State of Michigan for the establishment of a 
        Center to be located in Detroit; and
          (3) the State of California for the establishment of 
        a Center to be located in Los Angeles.
    (c) Purpose of Centers.--Each Center shall--
          (1) implement the best practices, identified by the 
        study conducted under section 601, for information 
        sharing concerning a terrorist threat;
          (2) coordinate the communication of these best 
        practices with other metropolitan areas;
          (3) coordinate with the Secretary and the Director to 
        develop a training curriculum to implement these best 
        practices;
          (4) provide funding and technical assistance to other 
        metropolitan areas to assist the metropolitan areas in 
        the implementation of the curriculum developed under 
        paragraph (3); and
          (5) coordinate with the Secretary and the Director to 
        establish a method to advertise and disseminate these 
        best practices.
    (d) Authorization of Appropriations.--There is authorized 
to be appropriated for making grants under this section--
          (1) $10,000,000 for fiscal year 2007 for the 
        establishment of the Centers; and
          (2) $3,000,000 for each of fiscal years 2008 through 
        2012 for the operation of the Centers.
    (e) Report to Congress.--Not later than March 31, 2010, the 
Secretary, in consultation with the Director, shall submit to 
Congress a report evaluating the operations of the Centers and 
making recommendations for future funding.
                              ----------                              


 3. An Amendment To Be Offered by Representative Lee of California, or 
                 Her Designee, Debatable for 10 minutes

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

SEC. 510. REPORT ON AUTHORIZATION TO OVERTHROW DEMOCRATICALLY ELECTED 
                    GOVERNMENTS.

    Not later than 120 days after the date of the enactment of 
this Act, the President shall submit to the Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate a report 
describing any authorization granted during the 10-year period 
ending on the date of the enactment of this Act to engage in 
intelligence activities related to the overthrow of a 
democratically elected government.
                              ----------                              


    4. An Amendment To Be Offered by Representative Price of North 
          Carolina, or His Designee, Debatable for 10 Minutes

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

SEC. 308. ACCOUNTABILITY IN INTELLIGENCE CONTRACTING.

    (a) Report on Regulations Governing Intelligence Community 
Contracting.--
          (1) Report requirement.--Not later than 90 days after 
        the date of the enactment of this Act, the Director of 
        National Intelligence shall submit to the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on 
        Intelligence of the Senate a report on regulations 
        governing covered contracts under the National 
        Intelligence Program and, at the discretion of the 
        Director of National Intelligence, the Military 
        Intelligence Program.
          (2) Matters covered.--
                  (A) The report required by paragraph (1) 
                shall include a description of any relevant 
                regulations prescribed by the Director of 
                National Intelligence or by the heads of 
                agencies in the intelligence community, 
                including those relating to the following 
                matters:
                          (i) Types of functions or activities 
                        that may be appropriately carried out 
                        by contractors.
                          (ii) Minimum standards regarding the 
                        hiring, training, security clearance, 
                        and assignment of contract personnel.
                          (iii) Procedures for conducting 
                        oversight of covered contracts to 
                        ensure identification and prosecution 
                        of criminal violations; financial 
                        waste, fraud, or abuse; or other abuses 
                        committed by contractors or contract 
                        personnel.
                  (B) The report also shall include a 
                description of progress made by the Director of 
                National Intelligence in standardizing the 
                regulations described in subparagraph (A) 
                across the different agencies of the National 
                Intelligence Program to the extent practicable.
          (3) Form of report.--The report required by paragraph 
        (1) shall be in unclassified form, but may contain a 
        classified annex if necessary.
    (b) Accountability Requirements for Contracts Awarded by 
Intelligence Community Agencies.--
          (1) Information on intelligence activities to be 
        performed.--Each covered contract in an amount greater 
        than $1,000,000 shall require the contractor to provide 
        to the contracting officer for the contract, not later 
        than 5 days after award of the contract, the following 
        information regarding intelligence activities performed 
        under the contract:
                  (A) Number of persons to be used to perform 
                such functions.
                  (B) A description of how such persons are 
                trained to carry out tasks specified under the 
                contract relating to such functions.
                  (C) A description of each category of 
                activity relating to such functions required by 
                the contract.
          (2) Updates.--The information provided under 
        paragraph (1) shall be updated during contract 
        performance as necessary.
          (3) Information on costs.--Each covered contract 
        shall include the following requirements:
                  (A) Upon award of the contract, the 
                contractor shall provide to the contracting 
                officer cost estimates of salary, benefits, 
                insurance, materials, logistics, administrative 
                costs, and other costs of carrying out 
                intelligence activities under the contract.
                  (B) Before contract closeout (other than 
                closeout of a firm, fixed price contract), the 
                contractor shall provide to the contracting 
                officer a report on the actual costs of 
                carrying out intelligence activities under the 
                contract, in the same categories as provided 
                under subparagraph (A).
    (c) Accountability Requirements for Contracting Agencies of 
the Intelligence Community.--
          (1) Report requirement.--Not later than 90 days after 
        the date of the enactment of this Act, and annually 
        thereafter, the Director of National Intelligence shall 
        submit to the Permanent Select Committee on 
        Intelligence of the House of Representatives and the 
        Select Committee on Intelligence of the Senate a report 
        containing the information described in paragraph (2) 
        on contracting activities in the intelligence 
        community.
          (2) Matters covered.--The report required by 
        paragraph (1) shall include the following information:
                  (A) A list of contracts awarded for 
                intelligence activities by each agency in the 
                intelligence community during the one-year 
                period preceding the date of submission of the 
                report.
                  (B) A description of the activities to be 
                performed by contractors in fulfillment of each 
                contract on the list under subparagraph (A), 
                including whether such activities are 
                classified or unclassified.
                  (C) The number of personnel carrying out work 
                under each such contract.
                  (D) The estimated cost of performance of the 
                work required by each such contract.
      (d) Retention of Intelligence Community Professionals.--
          (1) Report requirement.--Not later than 90 days after 
        the date of the enactment of this Act, the Director of 
        National of Intelligence shall submit to the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on 
        Intelligence of the Senate a report on hiring, 
        promotion, and retention of intelligence community 
        professionals.
          (2) Matters covered.--The report required by 
        paragraph (1) shall include the following:
                  (A) Recommendations regarding any bonuses, 
                benefits, or other inducements that would help 
                the intelligence community to hire, promote, 
                and retain its professional workforce in order 
                to compete effectively against the attraction 
                of private sector opportunities.
                  (B) Recommendations regarding any policy 
                changes, including changes to policies 
                governing the awarding of security clearances, 
                that may promote hiring, promotion, and 
                retention of the intelligence community 
                professional workforce.
                  (C) A description of any additional authority 
                needed from Congress to implement the 
                recommendations under subparagraphs (A) and 
                (B).
          (3) Form of report.--The report required by paragraph 
        (1) shall be in unclassified form, but may contain a 
        classified annex if necessary.
    (e) Definitions.--In this section:
          (1) Intelligence community.--The term ``intelligence 
        community'' has the meaning given theterm in section 
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
          (2) Covered contract.--The term ``covered contract'' 
        means--
                  (A) a prime contract with any agency or 
                office that is part of the intelligence 
                community;
                  (B) a subcontract at any tier under any prime 
                contract with an office or agency referred to 
                in subparagraph (A); or
                  (C) a task order issued under a task or 
                delivery order contract entered into by an 
                office or agency referred to in subparagraph 
                (A), if the work to be performed under the 
                contract, subcontract, or task order includes 
                intelligence activities to be performed either 
                within or outside the United States.
                              ----------                              


5. An Amendment To Be Offered by Representative Andrews of New Jersey, 
               or His Designee, Debatable for 10 Minutes

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

SEC. 510. REPORT ON INTELLIGENCE RELATING TO INSURGENT FORCES IN IRAQ.

    No later than 90 days after the date of the enactment of 
this Act, and every 90 days thereafter, the Director of 
National Intelligence shall submit to Congress a report, in 
classified form, on intelligence relating to the disposition of 
insurgent forces in Iraq fighting against Coalition forces and 
the forces of the Government of Iraq, including--
          (1) an estimate of the number of insurgent forces;
          (2) an estimate of the number of insurgent forces 
        that are--
                  (A) former members of the Ba'ath Party; and
                  (B) members of al Qaeda or other terrorist 
                organizations;
          (3) a description of where in Iraq the insurgent 
        forces are located;
          (4) a description of the capability of the insurgent 
        forces; and
          (5) a description of how the insurgent forces are 
        funded.
                              ----------                              


 6. An Amendment To Be Offered by Representative Renzi of Arizona, or 
                 His Designee, Debatable for 20 Minutes

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

SEC. 510. SENSE OF CONGRESS REGARDING UNAUTHORIZED DISCLOSURE OF 
                    CLASSIFIED INFORMATION.

    (a) Findings.--Congress finds the following:
          (1) The Supreme Court has unequivocally recognized 
        that the Constitution vests the President with the 
        authority to protect national security information as 
        head of the Executive Branch and as Commander-in-Chief.
          (2) The Supreme Court has recognized a compelling 
        government interest in withholding national security 
        information from unauthorized persons.
          (3) The Supreme Court has recognized that secrecy 
        agreements for government employees are a reasonable 
        means for protecting this vital interest.
          (4) The Supreme Court has noted that ``It should be 
        obvious that no one has a `right' to a security 
        clearance''.
          (5) Unauthorized disclosures of classified 
        information relating to national security are most 
        damaging when they have the potential to compromise 
        intelligence sources and methods and ongoing 
        intelligence operations.
          (6) Potential unauthorized disclosures of classified 
        information has impeded relationships with foreign 
        intelligence services and the effectiveness of the 
        Global War on Terrorism.
          (7) Media corporations and journalists have 
        improperly profited financially from publishing 
        purported unauthorized disclosures of classified 
        information.
    (b) Sense of Congress.--It is the sense of Congress that 
the President should utilize the constitutional authority of 
the President to the fullest practicable extent, where 
warranted, to classify and protect national security 
information relating to intelligence activities and information 
and to take effective action against persons who commit 
unauthorized disclosures of classified information relating to 
intelligence activities and information contrary to law and 
voluntary secrecy agreements.