[House Report 112-504]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-504
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5743) TO AUTHORIZE
APPROPRIATIONS FOR FISCAL YEAR 2013 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; PROVIDING FOR CONSIDERATION
OF THE BILL (H.R. 5854) MAKING APPROPRIATIONS FOR MILITARY
CONSTRUCTION, THE DEPARTMENT OF VETERANS AFFAIRS, AND RELATED AGENCIES
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2013, AND FOR OTHER PURPOSES;
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5855) MAKING
APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2013, AND FOR OTHER PURPOSES; AND PROVIDING
FOR CONSIDERATION OF THE BILL (H.R. 5325) MAKING APPROPRIATIONS FOR
ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2013, AND FOR OTHER PURPOSES
_______
May 30, 2012.--Referred to the House Calendar and ordered to be printed
_______
Mr. Nugent, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 667]
The Committee on Rules, having had under consideration
House Resolution 667, by a record vote of 7 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. 5743, the
Intelligence Authorization Act for Fiscal Year 2013, under a
structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Permanent Select Committee on
Intelligence. The resolution waives all points of order against
consideration of the bill. The resolution 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 original text for the purpose of
amendment and shall be considered as read. The resolution
waives all points of order against the amendment in the nature
of a substitute. The resolution makes in order only those
amendments printed in this report. Each such amendment 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 resolution waives
all points of order against the amendments printed in this
report. The resolution provides one motion to recommit with or
without instructions.
The resolution further provides for consideration of the
following bills under open rules: H.R. 5854, the Military
Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2013; H.R. 5855, the Department of Homeland
Security Appropriations Act, 2013; and H.R. 5325, the Energy
and Water Development and Related Agencies Appropriations Act,
2013. The resolution provides one hour of general debate on
each bill equally divided and controlled by the chair and
ranking minority member of the Committee on Appropriations. The
resolution waives all points of order against consideration of
each bill. The resolution waives points of order against
provisions in each bill for failure to comply with clause 2 of
rule XXI. Under the Rules of the House each bill shall be read
for amendment by paragraph. The resolution provides that each
bill shall be considered for amendment under the five-minute
rule. The resolution provides that the Chair may accord
priority in recognition to Members who have preprinted their
amendments in the Congressional Record. Finally, the resolution
provides one motion to recommit each bill with or without
instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of H.R. 5743, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
The waiver of all points of order against the amendment in
the nature of a substitute to H.R. 5743, recommended by the
Permanent Select Committee on Intelligence and made in order as
original text, includes the following:
A waiver of clause 4 of rule XXI, which prohibits
a bill or joint resolution carrying an appropriation from being
reported by a committee not having jurisdiction to report
appropriations. Sections 401 and 403 of the bill as reported by
the Permanent Select Committee on Intelligence fall within the
jurisdiction of the Committee on Appropriations. However, the
Manager's amendment, if adopted, would strike the offending
provisions.
A waiver of clause 7 of rule XVI because the bill
as ordered reported by the Permanent Select Committee on
Intelligence includes provisions that are not germane to the
bill as introduced.
Although the resolution waives all points of order against
the amendments to H.R. 5742 printed in this report, the
Committee is not aware of any points of order. The waiver is
prophylactic in nature.
It is important to note that the estimate for H.R. 5743
provided by the Congressional Budget Office (CBO) to the
Permanent Select Committee on Intelligence and the Committee on
the Budget is incomplete due to the fact that CBO is only
permitted to score the unclassified portions of the bill.
Because the estimate is incomplete, the Chairman of the
Committee on the Budget is unable to accurately advise the
Chair on budget related points of order.
The waiver of all points of order against consideration of
the three Appropriations measures includes the following:
A waiver of clause 4(c) of rule XIII, against
H.R. 5854, H.R. 5855, and H.R. 5325, which prohibits
consideration of a general appropriations bill reported by the
Committee on Appropriations in the House until the third
calendar day on which printed hearings of the Committee on
Appropriations thereon have been available to Members.
A waiver of section 306 of the Congressional
Budget Act, against H.R. 5854 and H.R. 5855, which prohibits
consideration of legislation within the jurisdiction of the
Committee on the Budget unless referred to or reported by the
Budget Committee.
The resolution includes a waiver of points of order against
provisions in the three Appropriations measures for failure to
comply with clause 2 of rule XXI, which prohibits unauthorized
appropriations or legislative provisions in an appropriations
bill. This waiver is necessary because the bill contains
unauthorized appropriations and legislative provisions.
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. 310
Motion by Mr. McGovern to remove the waivers of all points
of order for sections 566 and 567 of H.R. 5855, the Homeland
Security appropriations bill. Defeated: 2-7
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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 311
Motion by Mr. Hastings of Florida to make in order and
provide the appropriate waivers for the following amendments to
H.R. 5743, which would be en bloc: amendment #8, offered by
Rep. Clarke, which would require a threat assessment for cyber
threats to critical infrastructure; amendment #6, offered by
Rep. Cuellar (TX), which would direct each agency that deals
with classified documents to report back in 1 year potential
security risks associated with the acquisition of computer
hardware. Would require the agencies report to Congress with
recommendations of what steps need to be taken to ensure
computer hardware that is acquired for use with classified
documents is not at risk being used to disclose information to
outside sources; amendment #7, offered by Rep. Cuellar (TX),
which would direct the Director on National Intelligence and
the Secretary of Defense to work together to develop and
implement a combined National and Defense Intelligence Strategy
in conjunction with existing strategies; amendment #11, offered
by Rep. Hahn (CA), which would require the Civil Liberties
Protection Officer to review on an ongoing basis, and prepare,
as necessary, privacy impact assessments on, the cybersecurity
policies, programs, and activities of the Intelligence
Community for such purposes as ensuring compliance with all
relevant constitutional and legal protections; amendment #13,
offered by Rep. Hahn (CA), which would establish the sense of
Congress that the Intelligence community should prioritize the
security of our nation's ports as they play a crucial role to
our nation's supply chain and economy; amendment #16, offered
by Rep. Hahn (CA), which would require the Director of
Intelligence to ensure that each element of the intelligence
community appropriately coordinates with Federal, State, and
local officials responsible for the protection of United States
ports to detect, prevent, and respond to potential terrorist
activity; amendment #9, offered by Rep. Hinchey (NY), which
would require the Director of National Intelligence (DNI) to
report to the House and Senate Intelligence panels on
information it has regarding the human rights violations of the
military government in Argentina that resulted in 30,000
disappearances between the mid-1970's and mid-1980's; amendment
#19, offered by Rep. Holt (NJ), which would require the AG and
DNI to reveal how many U.S. Persons had their domestic
communications intercepted since the implementation of the FISA
Amendments Act; amendment #20, offered by Rep. Holt (NJ), which
would amend the National Security Act of 1947 to provide
administrative penalties, up to and including termination, for
any officer or employee of an intelligence community element
who retaliates against an intelligence community employee or
contractor who reports covered information (a violation of any
law, rule, or regulation, or gross mismanagement, a gross waste
of funds, an abuse of authority, or a substantial and specific
danger to public health or safety) to an authorized member of
Congress; amendment #21, offered by Rep. Holt (NJ), which would
prohibit any Intelligence Community employee or contractor from
engaging in the assassination/targeted killing of a U.S. person
unless specific criteria are met; amendment #22, offered by
Rep. Holt (NJ), which would require the Director of National
Intelligence and Director of the CIA to publicly disclosure any
legal opinions or memoranda used to justify the President's
target killing program against United States persons; amendment
#2, offered by Rep. Jackson Lee (TX), which would prevent any
of the funds authorized under this Act from being used to
violate a person's civil liberties; and amendment #15, offered
by Rep. Thompson (CA) and Rep. Heck (NV), which would direct
the National Reconnaissance Office to establish and implement a
program to utilize, train and deploy SCI cleared undergraduate
and graduate students from the Science, Technology, Engineering
and Math (STEM) areas of study. Defeated: 3-7.
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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Nay Mr. McGovern...................... Yea
Mr. Bishop of Utah.............................. Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... Yea
Mr. Nugent...................................... Nay
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 312
Motion by Ms. Foxx to report the rule. Adopted: 7-3
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Mr. McGovern...................... Nay
Mr. Bishop of Utah.............................. Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... Nay
Mr. Nugent...................................... Yea
Mr. Scott of South Carolina..................... Yea
Mr. Webster..................................... Yea
Mr. Dreier, Chairman............................ Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Rogers, Mike (MI): MANAGER'S AMENDMENT Would strike
sections 401 and 403 to ensure compliance with House Rules
relating to provisions regarding appropriated funds. (10
minutes)
2. Thompson, Mike (CA): Would require the Director of
National Intelligence to report to Congress how the
Intelligence Community can improve the methods by which
subcontractors are granted security clearances and notified of
classified contracting opportunities within the federal
government. (10 minutes)
3. Conyers (MI), Ellison (MN), Lee, Barbara (CA): Would
require the Director of National Intelligence to submit to the
congressional intelligence committees a report containing an
assessment of the consequences of a military strike against
Iran within 60 days. (10 minutes)
4. Farr (CA): Would establish the sense of Congress that
those assigned to lead the development of training, tools, and
methodologies in support of cyber security, should be reminded
to include foreign language and culture in the development
process. (10 minutes)
5. Cuellar (TX): Would authorize the Director of National
Intelligence to participate in information sharing with Mexico
and Canada for purposes of border security and combating drug
trafficking. (10 minutes)
6. Hahn (CA): Would require the Civil Liberties Protection
Officer to ensure that the coordination and training between
the intelligence community and local law enforcement agencies
shall not violate the constitutional safeguards of racial and
ethnic minorities. (10 minutes)
7. Jackson Lee (TX): Would establish the Sense of Congress
that the Director of the Central Intelligence Agency should
take such actions as the Director considers necessary to
increase the recruitment and training of ethnic minorities as
officers and employees of the Central Intelligence Agency. (10
minutes)
8. Jackson Lee (TX): Would establish the Sense of Congress
that the intelligence community should take all appropriate
actions necessary to protect the civil liberties of religious
and ethnic minorities. (10 minutes)
9. Myrick (NC), Wolf (VA): Would require a report from the
Director of National Intelligence that would identify and
assess various risks in information technology supply chains.
(10 minutes)
TEXT OF AMENDMENTS TO H.R. 5743 MADE IN ORDER
1. An Amendment To Be Offered by Representative Rogers of Michigan or
His Designee, Debatable for 10 Minutes
Strike section 401 (page 18, lines 4 through 12).
Strike section 403 (page 19, line 13 through page 20, line
11).
----------
2. An Amendment To Be Offered by Representative Thompson of California
or His Designee, Debatable for 10 Minutes
At the end of title III, add the following new section:
SEC. 306. SUBCONTRACTOR NOTIFICATION PROCESS.
Not later than October 1, 2013, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report assessing the method by which contractors
at any tier under a contract entered into with an element of
the intelligence community are granted security clearances and
notified of classified contracting opportunities within the
Federal Government and recommendations for the improvement of
such method. Such report shall include--
(1) an assessment of the current method by which
contractors at any tier under a contract entered into
with an element of the intelligence community are
notified of classified contracting opportunities;
(2) an assessment of any problems that may reduce the
overall effectiveness of the ability of the
intelligence community to identify appropriate
contractors at any tier under such a contract;
(3) an assessment of the role the existing security
clearance process has in enhancing or hindering the
ability of the intelligence community to notify such
contractors of contracting opportunities;
(4) an assessment of the role the current security
clearance process in enhancing or hindering the ability
of contractors at any tier under a contract entered
into with an element of the intelligence community to
execute classified contracts;
(5) a description of the method used by the Director
of National Intelligence for assessing the
effectiveness of the notification process of the
intelligence community to produce a talented pool of
subcontractors;
(6) a description of appropriate goals, schedules,
milestones, or metrics used to measure the
effectiveness of such notification process; and
(7) recommendations for improving such notification
process.
----------
3. An Amendment To Be Offered by Representative Conyers, Jr. of
Michigan or His Designee, Debatable for 10 Minutes
At the end of title III, add the following new section:
SEC. 306. REPORT ON CONSEQUENCES OF MILITARY STRIKE AGAINST IRAN.
Not later than 60 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit to
the congressional intelligence committees a report containing
an assessment of the consequences of a military strike against
Iran.
----------
4. An Amendment To Be Offered by Representative Farr of California or
His Designee, Debatable for 10 Minutes
SEC. 306. SENSE OF CONGRESS ON THE CONSIDERATION OF FOREIGN LANGUAGES
AND CULTURES IN THE DEVELOPMENT OF CYBER TOOLS BY
THE INTELLIGENCE COMMUNITY.
It is the sense of Congress that the head of each element of
the intelligence community should take into consideration
foreign languages and cultures during the development by such
element of the intelligence community of training, tools, and
methodologies to protect the networks of the United States
against cyber attacks and intrusions from foreign entities.
----------
5. An Amendment To Be Offered by Representative Cuellar of Texas or His
Designee, Debatable for 10 Minutes
At the end of title IV, add the following new section:
SEC. 405. INTELLIGENCE SHARING WITH MEXICO AND CANADA.
(a) Authorization.--The Director of National Intelligence
may--
(1) if the Director determines that the sharing of
intelligence information with Mexico and Canada for
purposes of reducing drug trafficking would not
threaten national security, allow the sharing of such
intelligence information with Mexico and Canada; and
(2) make use of intelligence information from Mexico
and Canada for such purposes.
(b) Type of Information.--Information shared or used under
subsection (a) may include the movements of drug cartels and
other criminal behavior.
----------
6. An Amendment To Be Offered by Representative Hahn of California or
Her Designee, Debatable for 10 Minutes
SEC. 405. CIVIL LIBERTIES PROTECTION OFFICER REVIEW OF CYBERSECURITY
POLICIES, PROGRAMS, AND ACTIVITIES.
Section 103D(b) of the National Security Act of 1947 (50
U.S.C. 403-3d(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8);
and
(3) by inserting after paragraph (6) the following
new paragraph:
``(7) ensure that any coordination and training
between an element of the intelligence community and a
law enforcement agency does not violate the
Constitutional rights of racial or ethnic minorities;
and''.
----------
7. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
At the end of title IV (page 21, after line 2), add the
following new section:
SEC. 405. SENSE OF CONGRESS ON HIRING OF MINORITY EMPLOYEES BY THE
CENTRAL INTELLIGENCE AGENCY.
It is the sense of Congress that the Director of the Central
Intelligence Agency should take such actions as the Director
considers necessary to increase the recruitment and training of
ethnic minorities as officers and employees of the Central
Intelligence Agency.
----------
8. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
After section 501 (page 21, after line 14), insert the
following new section:
SEC. 502. SENSE OF CONGRESS ON THE NEED FOR THE INTELLIGENCE COMMUNITY
TO PROTECT CIVIL LIBERTIES OF RELIGIOUS AND ETHNIC
MINORITIES.
It is the sense of Congress that the intelligence community
should take all appropriate actions necessary to protect the
civil liberties of religious and ethnic minorities.
----------
9. An Amendment To Be Offered by Representative Myrick of North
Carolina or Her Designee, Debatable for 10 Minutes
After section 501 (page 21, after line 14), insert the
following new section:
SEC. 502. PROTECTING THE INFORMATION TECHNOLOGY SUPPLY CHAIN OF THE
UNITED STATES.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report that--
(1) identifies foreign suppliers of information
technology (including equipment, software, and
services) that are linked directly or indirectly to a
foreign government, including--
(A) by ties to the military forces of a
foreign government;
(B) by ties to the intelligence services of a
foreign government; or
(C) by being the beneficiaries of significant
low interest or no interest loans, loan
forgiveness, or other support by a foreign
government;
(2) assesses the vulnerability to malicious activity,
including cyber crime or espionage, of the
telecommunications networks of the United States due to
the presence of technology produced by suppliers
identified under paragraph (1).
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Telecommunications Networks of the United States
Defined.--In this section, the term ``telecommunications
networks of the United States'' includes--
(1) telephone systems;
(2) Internet systems;
(3) fiber optic lines, including cable landings;
(4) computer networks; and
(5) smart grid technology under development by the
Department of Energy.