[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
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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.
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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.''.
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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.
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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.
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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.
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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.
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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.