Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1105 and ask for its immediate consideration. Mr. Speaker, I rise to inform Members that the Intelligence Committee has received a classified document from the…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1105 and ask for its immediate consideration.
Mr. Speaker, I rise to inform Members that the Intelligence Committee has received a classified document from the Department of Justice that is related to the PATRIOT Act authorities currently set to expire at the end of the month.
The House may consider a 1-year extension of the PATRIOT Act today so the Intelligence Committee will be making this document available for Member review in the committee offices located in HVC-304. Staff from the Intelligence and Judiciary Committees, as well as personnel from the Justice Department and with the Office of the Director of National Intelligence, will be available to answer any questions that Members may have. Members who want to review the document should call the Intelligence Committee to schedule an appointment.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from California, my good friend, Mr. Dreier. All time yielded during consideration of the rule is for debate only.
General Leave
Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days with which to revise and extend their remarks and to insert extraneous materials into the Record.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the resolution, as announced by our Clerk, provides for consideration of H.R. 2701, the Intelligence Authorization Act for fiscal year 2010, under a structured rule. The resolution waives all points of order against consideration of the bill except those arising under clause 9 of rule XXI. The resolution provides 1 hour of debate on the bill, makes in order only those amendments printed in the rule, and the resolution waives all points of order against such amendments except those arising under clause 9 or 10 of rule XXI.
The resolution provides one motion to recommit with or without instructions and provides that the Chair may entertain a motion to rise only if offered by the Chair of the Intelligence Committee or his designee and provides that the Chair may not entertain a motion to strike the enacting words of the bill.
The resolution provides for a motion to consider the Senate bill and substitute its text with the text of H.R. 2701 as passed by the House. The resolution waives all points of order against the Senate bill and its consideration. It also makes in order a motion that the House insist on its amendment and request a conference with the Senate and waives all points of order against such motion.
The resolution waives a requirement of clause 6(a) of rule XIII for a two-thirds vote for same-day consideration of a report from the Rules Committee through the legislative day of Friday, February 26. It also permits the Speaker to consider motions to suspend the rules through the legislative day of Friday, February 26. The Speaker shall consult with the minority leader on the designation of any matter under this authority.
Mr. Speaker, I rise today in strong support of the rule providing for consideration of H.R. 2701, the Intelligence Authorization Act for Fiscal Year 2010.
As vice chairman of the House Permanent Select Committee on Intelligence, I know that the intelligence community is the first line of defense against terrorists, proliferators of weapons of mass destruction, and other rogue elements who wish to do us and our allies harm here at home and across the globe.
This legislation provides policy guidance for 16 agencies of the intelligence community while also improving oversight and helping to prevent disastrous consequences that faulty intelligence and a misinformed Congress can have on national security.
Mr. Speaker, I have the honor and privilege of meeting many of our intelligence professionals in over 50 countries around the world during my oversight travel as a member of the Intelligence Committee. I cannot overstate how much I and the members of the committee, and I am sure all Members of this body, appreciate them and are humbled by their service. Their dedication and commitment became more evident when seven Americans made the ultimate sacrifice during a terrorist attack in Khost, Afghanistan, this past December.
But the attempted terrorist attack on Northwest Flight 253 on Christmas Day was a startling reminder to all Americans that in spite of our best efforts we are still under attack, and we still have much work to do to get it right. The constant threat from violent extremists reinforces that now more than ever, and we must give the intelligence community the resources and flexibility it needs to thwart the continuing and emerging threats to United States national security.
For the last 4 years, our country has gone without an intelligence authorization bill. I find it very distressing that the House Intelligence Committee, which was created to ensure proper oversight and accountability of our intelligence community, has worked diligently every year to pass a bill but has not seen one signed into law in recent years.
As we have seen, the intelligence community is in dire need of independent oversight. Sadly, when we created the Director of National Intelligence, we did not create an independent Inspector General. This bill would remedy that flaw by making clear that the Inspector General does not serve at the whim of the Director of National Intelligence and also has an independent responsibility to keep Congress informed.
Some of my colleagues on the other aisle have argued against the creation of a new Inspector General. I would respectfully disagree with their assessment. It is clear that this provision will help to streamline and coordinate oversight.
This bill also contains a provision in the manager's amendment providing sensible reforms to the Gang of Eight process. As vice chairman of the committee, I have seen that process abused in the past, and I am glad that we are taking a careful step towards reform. I believe that the administration has a statutory and constitutional duty to keep members of the Intelligence Committee, all members of the Intelligence Committee, fully informed on certain intelligence matters. Therefore, by reforming this process, the bill enhances transparency and bolsters Congress' capacity to conduct important oversight.
The bill also clarifies the responsibility of the Director of National Intelligence to cooperate with GAO investigations initiated by Congress. GAO can provide the Congress with valuable expertise and assist with oversight functions, especially in areas of auditing and security clearance reforms.
I have stated time and time again that the intelligence community is not diverse enough to do its job of stealing and analyzing foreign countries' secrets. Diversity is a mission imperative. When I came on this committee, I came on after the legendary Lou Stokes, who served on this committee and advanced many measures that are in law today dealing with intelligence. My good friend and my good friend from California's good friend, Julian Dixon, who has departed life, carried that banner, as did Sanford Bishop when he was on this committee.
I, along with many other members of the committee, particularly Chairman Reyes, Anna Eshoo and others countless throughout the years, Jane Harman included, we have fought for continuing diversity on this committee. We need people who blend in, speak the language, and understand the cultures in the countries that we are targeting.
As my colleagues on the committee and I have mentioned on many occasions, when the intelligence leadership comes to testify, we don't see a lot of diversity at the table. We don't see enough women at the table. It is time for the community to get serious about improving diversity for the sake of our national security.
A real diversity effort means more than just staging recruitment drives at colleges with a lot of black students or Latino students. Diversity means hiring, hiring more Arab Americans. It means hiring more Iranian Americans, more Pakistani Americans, more Chinese Americans and more Korean Americans. If the intelligence community is to succeed in its global mission, it must have a global face.
I have offered an amendment on diversity in the intelligence community to the underlying bill. My amendment contains a requirement for the Director of National Intelligence to report to Congress on a comprehensive plan to improve diversity in the intelligence community. It calls on the Director to report on specific implementation plans for each element agency in the community. It also requires information on plans to improve minority retention, not only at the junior and mid- grade levels, but at the senior and management levels as well.
Finally, it requires that the Director of National Intelligence report to the congressional Intelligence Committees on the efforts being made with diversity training and how improvement in diversity will be measured. This amendment, along with many other important provisions in this bill, will make our intelligence community more effective, more efficient, and more accountable.
Given the immense security challenges facing our Nation, it is vital that Congress pass this legislation so that we may continue to fulfill our commitment to the safety and well-being of the great American people.
I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
You know, Mr. Speaker, I appreciate my good friend from California's desire to address Flight 253; but in my view, his complaints that the bill is outdated ignores the rule. The rule makes in order an amendment by Representative Schauer directed at the lessons of Flight 253.
Now, listen, the intelligence community, constituted of 16 elements, is organic. It is constantly in a state of change, and there is considerable coordination and collaboration regarding the globe, not just one airplane, not just one individual. And when you isolate one individual, like the person that was on Flight 253, you do have that anomaly to show that we are steadily being set upon. But that was mild by comparison to some of those incidents that never make it in the public realm.
I am reminded of the constant saying that success has a thousand fathers, but failure evidently doesn't even have a mother because anytime there is a failure, the whole community is set upon, while day after day after day, year after year after year they're stopping countless attacks on this country that go unnoticed, whether it be in the field of cyber, whether it be on the battlefield. We are constantly in that position. There have been hundreds of successes to protect our homeland security.
Certainly I will yield to my friend.
Well, when you speak of the President's directions, there were several principal matters that the President referenced in his, as you put it, threatened veto. But the veto, more specifically, the principal objection was to the Gang of Eight restriction that many of us in the committee supported for the reason that we think--and thought--that each of the intelligence members should be advised by the President the same as those of the Gang of Eight.
You know, we use these terms around here. The Gang of Eight are the central players--the Speaker, the minority leader, the majority leader, and the committee Chairs and ranking members. That is who that small kernel of people are who receive specific information. I hope the public at least understands some aspect of that.
The point that I was trying to make and will continue to make is--let me give you a for example. In the last month, I have visited our intelligence operations in nine countries, including Saudi Arabia, Turkey, Israel, Jordan, Egypt, Ukraine, Germany, just to mention a few. In each of those places--and there were others that will go unmentioned--in each of those places I learned of immense success and reporting of successes coming back here to the intelligence community and to the President. Nobody talks about that in the newspaper. Nobody talks about that in this particular setting. You pick three incidents out of thousands of successes and point to a community's failures. I can't accept that.
For 10 years I have watched on this committee these people work their hearts out, Republicans and Democrats, under the leadership of--friends of mine and yours--Porter Goss, who led this committee, others long before Leon Panetta, and the other committees that don't even get mentioned at all because most people don't even know that they have intelligence operations. What would happen in this world, what would happen with our allies if we did not have the SIGNET? How would we be having the successes that we are having in Afghanistan today of picking off leaders of Taliban, leaders of al Qaeda?
All the time it seems to me that all that comes out as is, oh, they just took out another one, but it doesn't get played up. If one of them managed to get to Canada and to the United States, then that would be the biggest talk that we would have here in Congress. It's not fair, and fairness to the intelligence community is as deserving as any other parts of our bureaucracy that fail considerably, including this institution.
I was going to yield my time, and I ask the gentleman to take his time, but I am more than happy to yield.
Well, then, I will just take my time back, now that you agree with me.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I have listened to my colleague, who is an absolutely brilliant member of the intelligence community, and he has provided continuing and dedicated service for the period of time that he and I have served on the committee together. There is one thing, I think, I know a little bit more about than he does, and that is our prison system, and that is for the reason that I participated, as a State and a Federal judge and then as a lawyer, in dealing with circumstances in our prisons.
Our colleague suggests that detainees are treated in a certain way, and those particular things--for example, food and the length of the hair or religious convictions--have been litigated ad nauseam in the United States. I can assure you that persons who are in custody in the United States find themselves able to access to the food that comports with their religious requirements and also the other circumstances.
One thing that is great about America is that we do have values, and one thing that is great about us in handling others, even much better than they even ever consider us, is that those values manifest themselves in the treatment of persons who are our enemies.
Now, I am going to try with this document here to put to rest this not-in-my-backyard argument that I continue to hear from my colleagues about Guantanamo.
I first want to commend to my colleagues H.R. 3728, the Detainment Reform Act of 2009, which I filed, and I would urge them to look at it and to look at the detention criteria and at the ways to process detainees, as well as the reporting requirements that transpire. I will not take the time now to go into detail, but that measure is sitting here, and any one of them can join it. I have no pride of authorship, and I've said to Members on the other side and on our side that, if there is something they can add or detract, then please do so.
Regarding where you put people whom we hold and somehow or another the thought being that we can't try people in our Federal system or, for that matter, if we have a situation where every detainee must be tried in military commissions, according to some, well, let me tell you some of the people whom we hold in one prison today.
According to the Bureau of Prisons, ADX Supermax in Florence, Colorado, has a capacity of 490 inmates. There are currently 445, leaving 45 cells available. I can assure you anybody in Guantanamo could be transferred here with no threat to Florence, Colorado. No one has ever escaped Supermax. Supermax officers are some of the best trained in the Nation, and current and former inmates include--let me just give you some of these people:
Anthony Casso, a mobster and former underboss of the Lucchese crime family, is at this prison. Wadih el-Hage, a coconspirator in the 1998 United States Embassy bombings, is in this prison. Matthew Hale, a white supremacist leader convicted of soliciting the murder of a Federal judge, is in this prison. Larry Hoover, the leader of the Gangster Disciples Nation, based in Chicago, is in this prison. Jeff Fort, the cofounder of the Black P. Stones gang in Chicago and the founder of its El Rukn faction, is in this prison. Omar Portee, the cofounder of the United Blood Nation, is in this prison and has never escaped. Theodore Kaczynski, the Unabomber, is in this prison in Colorado. Juan Matta-Ballesteros, the drug trafficker and coconspirator in the Enrique Camarena case, is in this prison. Zacarias Moussaoui-- remember him? He was tried in our regular system as a coconspirator in the September 11, 2001, attacks. Guess where he is? In Colorado, in Supermax. Terry Nichols, the Oklahoma City bomber, is in this prison. Richard Colvin Reid, the Islamic terrorist, nicknamed the ``Shoe Bomber,'' who also came through our regular system under the aegis of the previous President, is in this prison. Eric Robert Rudolph, convicted of the 1996 Olympic Park bombing, is in this prison. Dwight York is in this prison. Ramzi Yousef, of the World Trade Center bombing, is in this prison.
Enough of this ``not in my backyard.'' We can hold these people.
H. Rap Brown is in this prison. Thomas Silverstein, convicted of murdering a Federal correctional officer, is in this prison. Luis Felipe, founder of the Almighty Latin Kings and Queens Nation, is in this prison. Howard Mason, a drug trafficker, who ordered the murder of Police Officer Eddie Byrne, is in this prison. A leading member of the Aryan Brotherhood, Barry Mills, is in this prison.
So what are you all talking about when you stand around and tell people that we can't hold people in this Supermax prison? We can hold them in Guantanamo. We can hold them in Supermax, and we can do everything that is required of us as a nation in order to protect ourselves in that regard.
Yet what has happened in this institution is you have given the American people a chance to believe that they should be afraid if you hold them in certain institutions in your neighborhoods. Well, they come through your neighborhoods an awful lot, and you evidently don't know about it. I, personally, am just a little tired of your not-in-my- backyard attitude about this particular system. We can hold terrorists, and we can hold criminals, and we've been doing it all of my adult career, and that's 50 years as a lawyer.
I reserve the balance of my time.
Mr. Speaker, before yielding to my good friend on the Rules Committee, I would just like to comment regarding my good friend, Mr. Lungren's comments.
Mr. Lungren, there have been three people who have been convicted in military commissions, and two of them are already free. During that same period of time, under President Bush's administration and under in President Obama's administration, more than 300 people have been convicted in our civilian courts.
And you're correct. I was using the people in the Supermax to make the point no matter who they were, whether they were Zacarias Moussaoui, who certainly isn't an American citizen, or countless others, that we can hold them and that they can't escape. The fear some seem to think is that they would escape.
Mr. Speaker, I yield 1 minute to my colleague on the Rules Committee, the distinguished gentleman from Colorado (Mr. Perlmutter).
I yield the gentleman an additional 30 seconds.
Mr. Speaker, I continue to have to teach law here, and I never wanted to do that.
The language in the manager's amendment restates existing criminal law prohibitions like those in the Detainee Treatment Act and clearly establishes that the United States will adhere to the rule of law, and that's whether a person is in Guantanamo or whether they are in Colorado.
That said, at this time I yield 1 minute to the distinguished gentlewoman from New Hampshire (Ms. Shea-Porter).
Mr. Speaker, I'd inquire if my colleague has any remaining speakers. I'm the last speaker for this side, and I will reserve my time until the gentleman closes.
I reserve the balance of my time.
Mr. Speaker, this is a responsible bill that will enhance vital human intelligence collection, fill the critical gaps in our intelligence-gathering activities, authorize significant investment in our Nation's cybersecurity capabilities, as well as provide much needed reform by forbidding the CIA's practice of outsourcing interrogation to private contractors operating outside the law.
It is unfortunate that we live in a dangerous and different world, where we must always be vigilant of those who wish to cause harm to others. This bill is critical to addressing the many challenges we face within the intelligence community.
I want to take this moment of personal privilege to thank Chairman Reyes and the staff of the House Select Committee on Intelligence, the Republican and Democratic staff, for their extraordinary hard work and dedication in helping to see this excellent bill to fruition.
Four years is far too long for the intelligence community to go without guidance from its oversight committees. I believe we should get an authorization bill passed and on the President's desk for signature into law. There is going to be added general debate. But when I listened to my colleague, who is my good friend, I kind of feel like that all of the labor on both sides, including speakers that I served with on that committee, Mr. Thornberry and Mr. Rogers, we have worked very actively to get us to the position that we are in with reference to this authorization bill. There have been agreements and there have been disagreements. And there are always things that can be added.
The responsibility of the Rules Committee is to move the agenda. I am very proud of the fact that there is a summit on health care going on at the White House at the same time that we are discussing the authorization bill, and that I am getting ready to leave here and go to a jobs task force, which I believe is high on the minds of the American agenda, which proves that we really can do legislation, prepare legislation, chew gum and walk at the same time. We are an incredible lot of people we are, and just like that we can also secure this Nation, as this bill does in high kind.
But I am going to say to you all one more time, enough of the business about not in my backyard. If I didn't dispel it today, I will see you another time on the floor to have you understand just how extraordinary the Federal judiciary is, just how extraordinary the intelligence community is, and just how important it is to our Nation's security that we allow them to function accordingly.
With that, I yield back the balance of my time, and I move the previous question on the resolution.
The previous question was ordered.