[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

----------------------------------------------------------------------------------------------------------------
                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.

----------------------------------------------------------------------------------------------------------------
                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.

                                  
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