H. Res. 1105: H.R. 2701 - Intelligence Authorization Act for Fiscal Year 2010

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Wednesday, February 24, 2010.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 237-176 on Thursday, February 25, 2010. 

MANAGERS: Hastings (FL)/Dreier

111th Congress 
2nd Session

H.RES 1105

[Report No. 111-419]

 

 

H.R. 2701 - Intelligence Authorization Act for Fiscal Year 2010

1.         Structured rule. 

2.         Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Permanent Select Committee on Intelligence.

3.         Waives all points of order against consideration of the bill except those arising under clause 9 of rule XXI.

4.         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.

5.         Waives all points of order against the committee amendment in the nature of a substitute.  This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).

6.         No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.  Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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.

7.         Waives all points of order against the amendments printed in the report except those arising under clause 9 or 10 of rule XXI.

8.         Provides one motion to recommit with or without instructions.

9.         Provides that the Chair may entertain a motion that the Committee rise only if offered by the chair of the Permanent Select Committee on Intelligence or a designee.

10.       Provides that the Chair may not entertain a motion to strike out the enacting words of the bill.

11.       Provides that it shall be in order to consider in the House S. 1494 and waives all points of order against the Senate bill and its consideration.  Makes in order a motion to strike all after the enacting clause and insert the text of H.R. 2701 as passed the House.  Waives all points of order against the motion.  Provides that if the motion is adopted and the Senate bill, as amended, is passed, then it shall be in order to move that the House insist on its amendment and request a conference with the Senate.

12.       Waives clause 6(a) of rule XIII (requiring a two-thirds vote to consider a rule on the same day it is reported from the Rules Committee) against any resolution reported from the Rules committee through the legislative day of Friday, February 26, 2010.

13.       Provides that measures may be considered under suspension of the rules at any time through Friday, February 26, 2010.  The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this authority.                                            

RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 2701) to authorize appropriations for fiscal year 2010 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 of rule XXI. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Permanent Select Committee on Intelligence. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived. Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. The Chair may entertain a motion that the Committee rise only if offered by the chair of the Permanent Select Committee on Intelligence or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

Sec. 3. After passage of H.R. 2701, it shall be in order to consider in the House S. 1494. All points of order against the Senate bill and against its consideration are waived. It shall be in order to move to strike all after the enacting clause of the Senate bill and to insert in lieu thereof the provisions of H.R. 2701 as passed by the House. All points of order against that motion are waived. If the motion is adopted and the Senate bill, as amended, is passed, then it shall be in order to move that the House insist on its amendment to S. 1494 and request a conference with the Senate thereon.

Sec. 4. The requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of February 26, 2010.

Sec. 5. It shall be in order at any time through the legislative day of February 26, 2010, for the Speaker to entertain motions that the House suspend the rules. The Speaker or her designee shall consult with the Minority Leader or his designee on the designation of any matter for consideration pursuant to this section.

SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

Description

Debate Time

 

1. Reyes (TX)

(REVISED) Would (1) correct funding and personnel totals for the Intelligence Community Management Account, (2) revise Section 321 to better address reform of covert action reporting process, (3) technical changes to the GAO audit provisions, including language allowing any committee of jurisdiction to request a GAO report on an intelligence matter, (4) addition to GAO audit provisions to ensure proper handling of classified material, (5) direct FBI Director to consult with the Secretary of State in its review of extraterritorial jurisdiction of U.S. law, (6) remove a provision repealing a reporting requirement on the Terrorist Identification Classification System, (7) modify requirement for CIA Inspector General investigations into covert actions, (8) remove section 426, which required Senate confirmation for NSA General Counsel, (9) remove section 427, which established a statutory NSA Inspector General, and (10) make additional technical changes to H.R. 2701. It also (11) Would direct the DNI to create a program designated for funding Historically Black Colleges and Universities and providing grants to be used to introduce courses of study that meet the emerging needs of the U.S. intelligence community; (12) Would require the Director of National Intelligence, along with the Attorney General, to provide a report on how the United States will balance intelligence collection needs with the interest of the United States in prosecuting terrorist suspects; (13) Would require the DNI to report to Congress on the dissemination of critical counterterrorism intelligence information from the intelligence community to local law enforcement agencies, including recommendations for improving the means of communication of such information to local law enforcement agencies; (14) Would require the DNI to report to Congress on intelligence capabilities of state and local law enforcement and those being provided by the Intelligence Community and Federal agencies. The report also would assess (1) the need for a formal intelligence training center to teach state and local law enforcement agencies methods of intelligence collection and analysis, and (2) the efficiency of colocating such a center with an existing intelligence community center or military intelligence training center; (15) Directs the Inspector General of the Intelligence Community to analyze the problem of over-classification of intelligence. It requires a report to Congress on the importance of protecting sources and methods while providing law enforcement and the public with as much access to information as possible; (16) Would require the DNI, in consultation with the Nuclear Regulatory Commission, to report to Congress summarizing intelligence related to the threat to the United States from weapons that use radiological materials, including highly-dispersible substances such as cesium-137; (17) Would direct the DNI to identify any critical gaps in foreign language proficiency and provide recommendations for eliminating such gaps. Such recommendations would be included in the "Annual Report on Foreign Language Proficiency in the Intelligence Community" and be submitted to the congressional intelligence and defense committees; (18) Would require the DNI to report to the congressional intelligence committees on information in possession of the intelligence community with regard to the human rights violations of the Argentine military government from the mid-1970's until the mid-1980's and abductions and disappearances that occurred during that time. The amendment instructs the inclusion of an appendix of declassified documents used for the report and authorizes the inclusion of a classified annex; (19) Would require the NSA to report to Congress on the strategy of the NSA with respect to securing networks of the Department of Defense within the intelligence community; (20) Would require a report to Congress by the Director of National Intelligence on the feasibility and advisability of creating a space intelligence office to manage space-related intelligence assets; (21) Would require the President to submit to the Congress a plan to secure the networks of the Federal government; (22) Would require the DNI to report to the congressional intelligence committees on the threat posed by the missile arsenal of Iran to allies and interests of the United States in the Persian Gulf; (23) Would require the DNI to study and report to the congressional intelligence committees on the best practices of foreign governments to combat violent domestic extremism; (24) Would define cruel, inhuman, and degrading treatment in the context of intelligence interrogations, and provides a penalty of up to 15 years in prison for the use of this treatment during an interrogation. It also addresses the role of medical professionals in interrogations, and provides a criminal penalty of up to 5 years in jail for medical professionals who enable the use of cruel, inhuman, and degrading treatment; (25) Would require the FBI director to report to Congress on best practices or impediments to information sharing in the FBI-NYPD Joint Terrorism Task Force, including ways in which the combining of federal, state, and local law enforcement resources can result in the effective utilization of such resources; (26) Would require the Director of National Intelligence to submit to Congress and the President a report describing the improvements to information technology needed to enable elements of the Federal Government that are not part of the intelligence community to better share information with the intelligence community; (27) Would establish the Cybersecurity Task Force to analyze the current cybersecurity tools available to the Intelligence Community and to make a set of specific and comprehensive legislative recommendations on ways to improve those tools or strengthen federal statutes to better prevent and deter cybercrime and cyberterrorism; (28) Would add a sense of Congress that finds suspected terrorists have attempted to enter the United States through our international and maritime border with Canada and states that our intelligence community should devote sufficient resources to identifying and thwarting future threats at the northern border; (29) Would broaden the Global Supply Chain review to include the risks not only from counterfeit products but from original products. The amended review also includes services; (30) Would clarify that the DNI may participate in and support any federal review of the export control systems; and (31) Would require the DNI to report to Congress on future threats to the national security of the from continued and increased dependence on oil from foreign nations.

(20 minutes)

 

2. Hoekstra (MI)

Would require the Director of the CIA, within 30 days, to publicly issue an unclassified version of the CIA Inspector General's report entitled "Procedures Used In Narcotics Airbridge Denial Program in , 1995-2001," dated August 25, 2008.

(10 minutes)

 

3. Hastings , Alcee (FL)

Would require the DNI, in coordination with the heads of the elements of the intelligence community, to submit to Congress a report on the plans of each element of the community, including the Office of the Director of National Intelligence, to increase diversity within that element.

(10 minutes)

 

4. Rogers, Mike (MI)

Would prohibit funds in the Act from being used to implement the FBI's Field Office Supervisory Term Limit Policy requiring the mandatory reassignment of a supervisor after a specific term of years.

(10 minutes)

 

5. Eshoo (CA), Tierney (MA), Boren (OK), Schakowsky (IL), Thompson, Mike (CA), Holt (NJ), Rogers, Mike (MI), Myrick (NC)

Would require the Director of National Intelligence to establish an intelligence community-wide conflict of interest regulation working in conjunction with the Office of Government Ethics; to establish a community-wide process for checking outside employment for conflicts of interest, and also to submit an annual report to the intelligence committees on all outside employment activities that were approved in the last year. The amendment would also prohibit Intelligence Community government employees from owning companies that sell skills related to their government service.

(10 minutes)

 

6. Conaway (TX)

Would express the sense of Congress that it is imperative intelligence community-wide auditability be achieved as soon as possible and the National Reconnaissance Office should be commended for achieving a clean audit.

(10 minutes)

 

7. Arcuri (NY)

Would require the President to submit detailed notifications to Congress on current and newly-created cybersecurity programs.

(10 minutes)

 

8. Burton (IN)

Would express the sense of Congress honoring members of the Central Intelligence Agency for their dedication to the protection of the and expressing appreciation for their unique role in combating terrorism and crucial support of military operations.

(10 minutes)

 

9. Holt (NJ), Bartlett (MD)

Would direct the Inspector General of the Intelligence Community to review available intelligence, including raw and unfinished intelligence, to determine if there is any credible evidence of a connection between a foreign entity and the attacks on the in 2001 involving anthrax.

(10 minutes)

 

10. Castle (DE), Lynch (MA)

Would require the President, acting through the Treasury Secretary, to submit to Congress the report required under section 6303(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458).

(10 minutes)

 

11. Walz (MN)

(REVISED) Would require the intelligence community ("IC") to take actions to educate security clearance adjudicators on the nature of post-traumatic stress disorder in combat veterans as each IC component sees fit.

(10 minutes)

 

12. Schauer (MI)

Would require the DNI to investigate and report to Congress regarding the attempted terrorist attack on Northwest flight 253 and measures the intelligence community has taken or will take to prevent any intelligence failures within or between elements of the intelligence community.

(10 minutes)