[House Report 112-75]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     112-75

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    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 754) TO AUTHORIZE 
 APPROPRIATIONS FOR FISCAL YEAR 2011 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

                                _______
                                

May 11, 2011.--Referred to the House Calendar and ordered to be printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 264]

    The Committee on Rules, having had under consideration 
House Resolution 264, 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. 754, the 
Intelligence Authorization Act for Fiscal Year 2011, 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 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 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. All points of order 
against the amendments are waived. Finally, the resolution 
provides one motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order against its consideration. The waiver is 
prophylactic in nature.
    The resolution waives all points of order against the 
amendment in the nature of a substitute recommended by the 
Permanent Select Committee on Intelligence made in order as 
original text. The waiver of all points of order includes 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. 
However, the amendment printed in this report numbered 1, to be 
offered by the Chairman of the Permanent Select Committee on 
Intelligence, would strike the provision (Sec. 412) in 
violation of clause 4 of rule XXI. If the amendment is adopted, 
the measure will then comport with the rule. The waiver of all 
points of order also includes a waiver of clause 7 of rule XVI 
because the amendment in the nature of a substitute recommended 
by the Permanent Select Committee on Intelligence includes 
provisions that are not germane to the introduced bill.
    It is important to note that the estimate 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.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order against the amendments and 
therefore the waiver is prophylactic in nature.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Rogers, Mike (MI): MANAGER'S AMENDMENT Would clarify 
that Section 411 of the bill, which provides certain 
authorities for Defense Intelligence Agency Expenditures, 
applies only to National Intelligence Program funds. Would also 
strike Section 412 of the reported bill, providing for the 
establishment of certain transfer accounts for intelligence 
funds. (10 minutes)
    2. Barrow (GA): Would task the Director of National 
Intelligence with creating a pilot grant program for 
Historically Black Colleges and Universities to assist in 
creating and maintaining academic curricula that teach advanced 
critical foreign languages, and for study abroad programs. 
Amendment aims to help intelligence community meet strategic, 
diversity and critical language goals. (10 minutes)
    3. Dent (PA): Would require the Director of National 
Intelligence and the Director of the CIA within 90 days of 
enactment of this Act to submit to the congressional 
intelligence committees all information possessed by the DNI 
and the CIA relating to the pursuit and targeting of Anwar al-
Awlaki by the Federal Government, as well as an analysis of the 
legal impediments to pursuing the capture of Anwar al-Awlaki. 
(10 minutes)
    4. Welch (VT): Would instruct the Director of National 
Intelligence to create and implement guidelines for the use of 
contractors. (10 minutes)
    5. Gibson (NY): Would require the Director of National 
Intelligence to submit to Congress a report containing 
recommendations the Director considers appropriate for 
consolidating the intelligence community. (10 minutes)
    6. Waters (CA): Would require, within 180 days after 
enactment, the Inspector General of the Intelligence Community 
to submit to Congress a report on the degree to which racial 
and ethnic minorities in the United States are employed in 
professional positions in the intelligence community and 
barriers to the recruitment and retention of additional racial 
and ethnic minorities in these positions. (10 minutes)
    7. Hinchey (NY): 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. The amendment also seeks to help shed light on the 
unknown fate of hundreds of Argentine children who were born in 
captivity and distributed to members of the Argentine security 
forces. (10 minutes)
    8. Carney (DE): Would establish the sense of Congress that 
railway transportation should be included in transportation 
security plans for intelligence agencies. (10 minutes)
    9. Grimm (NY), Reed (NY): Would commend the United States 
intelligence community for their successful operation in 
bringing Osama bin Laden to justice and their continued efforts 
against al Qaeda. It is based on Senate Resolution 159, which 
passed the Senate 97 to 0. (30 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

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

  Page 12, line 10, insert ``under the National Intelligence 
Program'' after ``the Director''.
  Page 12, line 17, insert ``under the National Intelligence 
Program'' after ``the Director''.
  Strike section 412.
                              ----------                              


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

  After section 303, insert the following:

SEC. 304. INTELLIGENCE OFFICER TRAINING PROGRAM.

  Section 1024 of the National Security Act of 1947 (50 U.S.C. 
441p) is amended--
          (1) in subsection (a)(1), by striking ``subsection 
        (b)'' and inserting ``subsections (b) and (c)'';
          (2) by redesignating subsections (c) through (f) as 
        subsections (d) through (g), respectively;
          (3) by inserting after subsection (b), the following:
  ``(c) Grant Program for Historically Black Colleges and 
Universities.--(1) The Director may provide grants to 
historically black colleges and universities to provide 
programs of study in educational disciplines identified under 
subsection (a)(2) or described in paragraph (2).
  ``(2) A grant provided under paragraph (1) may be used to 
provide programs of study in the following educational 
disciplines:
          ``(A) Intermediate and advanced foreign languages 
        deemed in the immediate interest of the intelligence 
        community, including Farsi, Pashto, Middle Eastern, 
        African, and South Asian dialects.
          ``(B) Study abroad programs and cultural immersion 
        programs.''; and
          (4) in paragraph (g) (as so redesignated)--
                  (A) by redesignating paragraph (2) as 
                paragraph (3);
                  (B) by inserting after paragraph (1), the 
                following:
          ``(2) Historically black college and university.--The 
        term `historically black college and university' has 
        the meaning given the term `part B institution' in 
        section 322 of the Higher Education Act of 1965 (20 
        U.S.C. 1061).''; and
                  (C) by adding at the end the following:
          ``(4) Study abroad program.--The term `study abroad 
        program' means a program of study that--
                  ``(A) takes places outside the geographical 
                boundaries of the United States;
                  ``(B) focuses on areas of the world that are 
                critical to the national security interests of 
                the United States and are generally 
                underrepresented in study abroad programs at 
                institutions of higher education, including 
                Africa, Asia, Central and Eastern Europe, 
                Eurasia, Latin America, and the Middle East; 
                and
                  ``(C) is a credit or noncredit program.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Dent of Pennsylvania or 
                 His Designee, Debatable for 10 Minutes

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

SEC. 304. INFORMATION ON PURSUIT OF ANWAR AL-AWLAKI.

  Not later than 90 days after the date of the enactment of 
this Act, the Director of National Intelligence and the 
Director of the Central Intelligence Agency shall jointly 
submit to the congressional intelligence committees--
          (1) all information in the possession of the Office 
        of the Director of National Intelligence and the 
        Central Intelligence Agency relating to the pursuit and 
        targeting of Anwar al-Awlaki by the Federal Government; 
        and
          (2) an analysis of the legal impediments to pursuing 
        the capture of Anwar al-Awlaki.
                              ----------                              


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

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

SEC. 304. OVERSIGHT OF CONTRACTORS.

  The Director of National Intelligence shall issue guidance on 
the proper use of contractors by the intelligence community 
to--
          (1) increase efficiency and streamline operations; 
        and
          (2) prioritize national security.
                              ----------                              


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

  At the end of subtitle A of title IV (page 11, after line 
20), add the following new section:

SEC. 403. REPORT ON POTENTIAL CONSOLIDATION OF ELEMENTS OF THE 
                    INTELLIGENCE COMMUNITY.

  Not later than December 31, 2011, the Director of National 
Intelligence shall submit to congress a report containing any 
recommendations the Director considers appropriate for 
consolidating elements of the intelligence community.
                              ----------                              


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

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

SEC. 403. INSPECTOR GENERAL REPORT RECRUITMENT AND RETENTION OF RACIAL 
                    AND ETHNIC MINORITIES.

  (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Inspector General of the 
Intelligence Community shall submit to Congress a report on the 
degree to which racial and ethnic minorities in the United 
States are employed in professional positions in the 
intelligence community and barriers to the recruitment and 
retention of additional racial and ethnic minorities in such 
positions.
  (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex.
                              ----------                              


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

  At the appropriate place in the bill, insert the following 
new section:

SEC. __. REPORT ON ACTIVITIES OF THE INTELLIGENCE COMMUNITY IN 
                    ARGENTINA.

  (a) In General.--Not later than 270 days after the date of 
the enactment of this Act, the Director of National 
Intelligence 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 during counterinsurgency or 
                counterterror operations, including by the 
                State Intelligence Secretariat (Secretaria de 
                Inteligencia del Estado), Military Intelligence 
                Detachment 141 (Destacamento de Inteligencia 
                Militar 141 in Cordoba), Military Intelligence 
                Detachment 121 (Destacamento Militar 121 in 
                Rosario), Army Intelligence Battalion 601, the 
                Army Reunion Center (Reunion Central del 
                Ejercito), and the Army First Corps in Buenos 
                Aires.
                  (C) Operation Condor and Argentina's role in 
                cross-border counterinsurgency or counterterror 
                operations with Brazil, Bolivia, Chile, 
                Paraguay, or Uruguay.
          (2) Information on abductions, torture, 
        disappearances, and executions by security forces and 
        other forms of repression, including the fate of 
        Argentine children born in captivity, that took place 
        at detention centers, including the following:
                  (A) The Argentine Navy Mechanical School 
                (Escuela Mecanica de la Armada).
                  (B) Automotores Orletti.
                  (C) Operaciones Tacticas 18.
                  (D) La Perla.
                  (E) Campo de Mayo.
                  (F) Institutos Militares.
          (3) An appendix of declassified records reviewed and 
        used for the report submitted under this subsection.
          (4) A descriptive index of information referred to in 
        paragraph (1) or (2) that is classified, including the 
        identity of each document that is classified, the 
        reason for continuing the classification of such 
        document, and an explanation of how the release of the 
        document would damage the national security interests 
        of the United States.
  (b) Review of Classified Documents.--Not later than two years 
after the date on which the report required under subsection 
(a) is submitted, the Director of National Intelligence shall 
review information referred to in paragraph (1) or (2) of 
subsection (a) that is classified to determine if any of such 
information should be declassified.
  (c) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex.
  (d) Appropriate Congressional Committees Defined.--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.
                              ----------                              


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

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

                         TITLE V--OTHER MATTERS

SEC. 501. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAILWAY 
                    TRANSPORTATION SECURITY.

  It is the sense of Congress that--
          (1) railway transportation (including subway transit) 
        should be prioritized in the development of 
        transportation security plans by the intelligence 
        community; and
          (2) railway transportation security (including subway 
        transit security) should be included in transportation 
        security budgets of the intelligence community.
                              ----------                              


 9. An Amendment To Be Offered by Representative Grimm of New York or 
                 His Designee, Debatable for 30 Minutes

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

 TITLE V--HONORING THE MEMBERS OF THE INTELLIGENCE COMMUNITY FOR THEIR 
     ROLE IN THE MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1, 2011

SEC. 501. HONORING THE MEMBERS OF THE INTELLIGENCE COMMUNITY FOR THEIR 
                    ROLE IN THE MISSION THAT KILLED OSAMA BIN LADEN ON 
                    MAY 1, 2011.

  Congress--
          (1) commends the men and women of the intelligence 
        community for the tremendous commitment, perseverance, 
        professionalism, and sacrifice they displayed in 
        bringing Osama bin Laden to justice;
          (2) commends the men and women of the intelligence 
        community for committing themselves to defeating, 
        disrupting, and dismantling al Qaeda; and
          (3) reaffirms its commitment to using the 
        capabilities and skills of the intelligence community 
        to--
                  (A) disrupt, dismantle, and defeat al Qaeda 
                and affiliated organizations around the world 
                that threaten the national security of the 
                United States;
                  (B) eliminate safe havens for terrorists in 
                Afghanistan and Pakistan; and
                  (C) bring terrorists to justice.

                                  
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