[House Report 110-759]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-759

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   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5959) TO AUTHORIZE 
 APPROPRIATIONS FOR FISCAL YEAR 2009 FOR INTELLIGENCE AND INTELLIGENCE-
   RELATED ACTIVITIES OF THE UNITED STATES GOVERNMENT, THE COMMUNITY 
MANAGEMENT ACCOUNT, AND THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
               DISABILITY SYSTEM, AND FOR OTHER PURPOSES

                                _______
                                

   July 15, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Hastings of Florida, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                      [To accompany H. Res. 1343]

    The Committee on Rules, having had under consideration 
House Resolution 1343, 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. 5959, the 
``Intelligence Authorization Act for Fiscal Year 2009,'' under 
a structured rule. The resolution provides for one hour of 
general debate equally divided and controlled by the Chairman 
and Ranking Minority Member of the Permanent Select Committee 
on Intelligence.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
of rule XXI. The resolution provides that the amendment in the 
nature of a substitute recommended by the Permanent Select 
Committee on Intelligence shall be considered as an original 
bill for the purpose of amendment and shall be considered as 
read. The resolution waives all points of order against the 
committee amendment. This waiver does not affect the point of 
order available under clause 9 of rule XXI (regarding earmark 
disclosure).
    The resolution makes in order only those amendments printed 
in this report and waives all points of order against such 
amendments except those arising under clause 9 or 10 of rule 
XXI. The amendments made in order 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 a division of the question in the House or in the 
Committee of the Whole.
    The resolution provides one motion to recommit with or 
without instructions. Finally, the resolution permits the 
Chair, during consideration of the bill in the House, to 
postpone further consideration until a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except those arising under clause 9 of rule XXI) 
includes prophylactic waivers of (1) section 302(f) of the 
Congressional Budget Act (prohibiting 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; and (2) clause 10 of rule XXI (regarding 
measures affecting direct spending or revenues that have the 
net effect of increasing the deficit or reducing the surplus 
for either the period comprising the next five fiscal years or 
the period comprising the next ten fiscal years) because the 
classified annex of the bill is unavailable for review. The 
Committee understands, however, that the unclassified portion 
of the bill does not violate clause 10 of rule XXI.
    The waiver of all points of order against the committee 
amendment includes a waiver of: (1) Clause 7 of rule XVI 
(regarding germaneness); and (2) a prophylactic waiver of 
clause 10 of rule XXI (regarding measures affecting direct 
spending or revenues that have the net effect of increasing the 
deficit or reducing the surplus for either the period 
comprising the next five fiscal years or the period comprising 
the next ten fiscal years) because the classified annex of the 
bill is unavailable for review. The Committee understands, 
however, that the unclassified portion of the bill does not 
violate clause 10 of rule XXI.

                            COMMITTEE VOTES

    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. 560

    Date: July 15, 2008.
    Measure: H.R. 5959.
    Motion by: Mr. Dreier.
    Summary of motion: To report an open rule.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Matsui--Nay; Welch--Nay; 
Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 561

    Date: July 15, 2008.
    Measure: H.R. 5959.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Hoekstra (MI), #13, which 
would prohibit funds from being used to transfer, release, or 
assist in the transfer or release of a detainee held at 
Guantanamo Bay on the date of the enactment of this Act to or 
within the United States.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Matsui--Nay; Welch--Nay; 
Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-
Balart--Yea; Hastings (WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 562

    Date: July 15, 2008.
    Measure: H.R. 5959.
    Motion by: Mr. Hastings (WA).
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Castle (DE), and Rep. Shays 
(CT), #10, which would express a sense of Congress that 
beginning with the 111th Congress, the House and Senate should 
implement the 9/11 Commission's specific recommendations for 
congressional oversight of intelligence by establishing either 
an appropriations subcommittee on intelligence, establishing a 
joint committee on intelligence, or establishing House and 
Senate committees on intelligence with authorizing and 
appropriating authority.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 563

    Date: July 15, 2008.
    Measure: H.R. 5959.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Hensarling (TX), #14, which 
would repeal section 526 of the Energy Independence and 
Security Act, 42 U.S.C. section 17142 (regarding procurement of 
alternative fuels).
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 564

    Date: July 15, 2008.
    Measure: H.R. 5959.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Roskam (IL), #6, which would 
authorize the Secretary of Energy to enter into loan and profit 
sharing agreements for qualifying coal-to-liquid projects. 
qualifying projects include a commercial-scale project that 
converts coal or a petroleum refinery waste product to a liquid 
or gaseous transportation fuel.
    Results: Defeated 4-9.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Welch--Nay; Castor--Nay; Arcuri--
Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings 
(WA)--Yea; Sessions--Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Reyes (TX)/Murphy, Patrick (PA): Would add an exception 
to the alternative fuel procurement requirement, clarifying 
that the bill does not prohibit an element of the intelligence 
community from entering into a contract to purchase a generally 
available fuel that is not an alternative or synthetic fuel or 
predominantly produced from a nonconventional petroleum source 
when certain requirements are met. It also would add an 
assessment of the feasibility of employing foreign nationals 
lawfully present in the U.S. who have previously worked as 
translators for the Armed Forces or another department or 
agency of the Federal Government in Iraq or Afghanistan to meet 
the critical language needs of such element. Finally, it would 
require that the report required in section 412 on intelligence 
resources dedicated to Iraq and Afghanistan include resources 
dedicated to intelligence analysis. (10 minutes)
    2. Blunt (MO): Would express the sense of Congress that (1) 
the defeat of Colombian paramilitary organizations is in the 
national interest of the United States; (2) the recent rescue 
of hostages held by the FARC demonstrates the professionalism 
of Colombian forces; (3) U.S. intelligence and other assistance 
played a key role in developing and reinforcing Colombian 
capabilities; and (4) it is critical that U.S. assistance to 
the Government of Colombia continue. (10 minutes)
    3. Holt (NJ): Would require the Director of National 
Intelligence to inform all holders of the October 2007 National 
Intelligence Estimate on Iran's nuclear program of any new 
intelligence on Iran's nuclear program that has emerged since 
the publication of the NIE. (10 minutes)
    4. Hoekstra (MI): Would bar the use of funds to prohibit or 
discourage the use of the phrases ``jihadist,'' ``jihad,'' 
``Islamo-fascism,'' ``caliphate,'' ``Islamist,'' or ``Islamic 
terrorist'' within the Intelligence Community or the Federal 
Government. (10 minutes)
    5. Harman (CA)/Ehlers (MI): Would express the sense of 
Congress that the Director of National Intelligence should work 
with other government agencies and the aerospace industry to 
develop and implement policies to sustain and expand the 
aerospace industry workforce. (10 minutes)
    6. Kirk (IL): Would require the Director of National 
Intelligence to submit to Congress a National Intelligence 
Estimate on the production and sale of narcotics in support of 
international terrorism, including the support the Taliban and 
al Qaeda receive from the sale of narcotics and the shift in 
production from opium to hashish in Afghanistan. (10 minutes)
    7. Hinchey (NY): Would instruct the Director of the Central 
Intelligence Agency to submit a report on the activities of the 
intelligence community with regard to human rights violations 
of the Argentine military government from the mid-1970's until 
the mid-1980's. The amendment also instructs the inclusion of a 
compilation of declassified documents and consents to the 
inclusion of a classified annex in the report. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

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

SEC. 321. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

  Section 526(a) of the Energy Independence and Security Act of 
2007 (42 U.S.C. 17142(a)) does not prohibit an element of the 
intelligence community from entering into a contract to 
purchase a generally available fuel that is not an alternative 
or synthetic fuel or predominantly produced from a 
nonconventional petroleum source, if--
          (1) the contract does not specifically require the 
        contractor to provide an alternative or synthetic fuel 
        or fuel from a nonconventional petroleum source;
          (2) the purpose of the contract is not to obtain an 
        alternative or synthetic fuel or fuel from a 
        nonconventional petroleum source; and
          (3) the contract does not provide incentives for a 
        refinery upgrade or expansion to allow a refinery to 
        use or increase its use of fuel from a nonconventional 
        petroleum source.
  Page 70, line 3, strike ``and''.
  Page 70, strike line 7 and insert the following: ``dated or 
no longer relevant; and''.
  Page 70, after line 7 insert the following:
          ``(12) an assessment of the feasibility of employing 
        foreign nationals lawfully present in the United States 
        who have previously worked as translators or 
        interpreters for the Armed Forces or another department 
        or agency of the Federal Government in Iraq or 
        Afghanistan to meet the critical language needs of such 
        element.''.
  Page 72, line 18, insert ``and analysis'' after 
``collection''.
  Page 72, line 21, insert ``and analysis'' after 
``collection''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Blunt of Missouri, or 
                 His Designee, Debatable for 10 Minutes

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

SEC. 506. SENSE OF CONGRESS REGARDING COLOMBIAN PARAMILITARY 
                    ORGANIZATIONS.

  It is the sense of Congress that--
          (1) the permanent defeat of the Revolutionary Armed 
        Forces of Columbia (FARC), United Self-Defense Forces 
        of Colombia (AUC), National Liberation Army (ELN), and 
        other Colombian paramilitary organizations is in the 
        national interest of the United States;
          (2) the Colombian operation that liberated Americans 
        Keith Stansell, Marc Gonsalves, and Thomas Howes and 
        Ingrid Betancourt and 11 other Colombian hostages from 
        the FARC on July 2, 2008, demonstrated the 
        professionalism of Colombian security forces and 
        intelligence operatives;
          (3) intelligence and other cooperation by the United 
        States has played a key role in developing and 
        reinforcing the capabilities of the Government of 
        Colombia to address terrorist and narcoterrorist 
        threats;
          (4) intelligence and other cooperation by the United 
        States has significantly contributed to the continued 
        success of the Government of Colombia in impacting the 
        capabilities of terrorist and narcoterrorist groups 
        that have threatened the national security of Colombia 
        and the United States; and
          (5) it is critical that such assistance continue in 
        order to support the Government of Colombia in its 
        efforts to continue to capitalize on those successes.
                              ----------                              


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

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

SEC. 418. MEMORANDUM TO HOLDERS OF NATIONAL INTELLIGENCE ESTIMATE ON 
                    IRAN.

  Not later than 90 days after the date of the enactment of 
this Act, the Director of National Intelligence shall issue a 
memorandum to holders of the National Intelligence Estimate 
entitled ``Iran: Nuclear Intentions and Capabilities'' 
regarding any intelligence on the nuclear program of Iran that 
has been gathered or emerged since the publication of such 
National Intelligence Estimate in October, 2007.
                              ----------                              


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

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

SEC. 506. JIHADISTS.

  None of the funds authorized to be appropriated by this Act 
may be used to prohibit or discourage the use of the words or 
phrases ``jihadist'', ``jihad'', ``Islamo-fascism'', 
``caliphate'', ``Islamist'', or ``Islamic terrorist'' by or 
within the intelligence community or the Federal Government.
                              ----------                              


 5. An Amendment To Be Offered by Representative Harman of California, 
               or Her Designee, Debatable for 10 Minutes

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

SEC. 310. SENSE OF CONGRESS REGARDING THE NEED FOR A ROBUST WORKFORCE.

  It is the sense of Congress that--
          (1) a robust and highly skilled aerospace industry 
        workforce is critical to the success of intelligence 
        community programs and operations;
          (2) voluntary attrition, the retirement of many 
        senior workers, and difficulties in recruiting could 
        leave the intelligence community without access to the 
        intellectual capital and technical capabilities 
        necessary to identify and respond to potential threats; 
        and
          (3) the Director of National Intelligence should work 
        cooperatively with other agencies of the Federal 
        Government responsible for programs related to space 
        and the aerospace industry to develop and implement 
        policies, including those with an emphasis on improving 
        science, technology, engineering, and mathematics 
        education at all levels, to sustain and expand the 
        diverse workforce available to the intelligence 
        community.
                              ----------                              


 6. An Amendment To Be Offered by Representative Kirk of Illinois, or 
                 His Designee, Debatable for 10 Minutes

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

SEC. 418. NATIONAL INTELLIGENCE ESTIMATE ON PRODUCTION AND SALE OF 
                    NARCOTICS IN SUPPORT OF INTERNATIONAL TERRORISM.

  Not later than one year after the date of the enactment of 
this Act, the Director of National Intelligence shall submit to 
Congress a National Intelligence Estimate on the production and 
sale of narcotics in support of international terrorism, 
including the support the Taliban and al Qaeda receive from the 
sale of narcotics (particularly heroin) and the shift in 
production from opium to hashish in Afghanistan.
                              ----------                              


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

  At the end of subtitle B of tile IV, add the following new 
section:

SEC. 426. REPORT ON ACTIVITIES OF THE CENTRAL INTELLIGENCE AGENCY IN 
                    ARGENTINA.

  (a) In General.--Not later than 270 days after the date of 
the enactment of this Act, the Director of the Central 
Intelligence Agency 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.
                  (C) Operation Condor and the fate of 
                Argentine people targeted, abducted, or killed 
                during such Operation, including Argentine 
                children born in captivity whose status remains 
                unknown.
          (2) All information that may lead to the discovery of 
        the Argentine children born in captivity whose status 
        remains unknown.
          (3) A compilation of information referred to in 
        paragraphs (1) and (2) that has been declassified.
  (b) Update of Compilation.--Not later than one year after the 
date on which the report required under subsection (a) is 
submitted, and annually thereafter for three years, the 
Director of the Central Intelligence Agency shall submit to the 
appropriate congressional committees an update of the 
compilation referred to in subsection (a)(3).
  (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex.
  (d) Definition.--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.

                                  
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