Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, in my 12 years in Congress, in my 8 on the Intelligence Committee, I have always supported intelligence authorization bills, but never in my 12 years and never in my…
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, in my 12 years in Congress, in my 8 on the Intelligence Committee, I have always supported intelligence authorization bills, but never in my 12 years and never in my nearly 4 decades involved in public policy have I been as concerned as I now am about our Nation's security.
Just this week bin Laden and Zarqawi issued new threats against the United States and our allies, yet we do not know what they are plotting. We do not even know where they are. Despite 4\1/2\ years of effort and the expenditure of tens of billions of taxpayer dollars, we still do not have a handle on al Qaeda, a threat that is metastasizing and growing ever more dangerous.
We are losing soldiers in Iraq, in part because we never had intelligence dominance. We still do not have it. The so-called war on terror outside Iraq is essentially an intelligence war, but we did not know that home-grown terrorists were going to blow themselves up on London's subways. We did not know about Madrid, Bali, Casablanca, Istanbul or Dahab, Egypt. We do not know if America will be hit tomorrow or where.
Iran is making noisy threats, but we do not know if Ahmadinejad poses a real danger or if he is bluffing, because our intelligence on Iran is weak. And again we are hearing the drumbeat for war, without a clear idea of where the targets are, whether we can hit them effectively, or what would happen the day after.
We have taken our eye off over-the-horizon threats, the networks of Muslim extremists growing in Europe, Africa and Latin America, the threat of loose nukes from the former Soviet Union and the rising power of China.
Here at home our intelligence reorganization is a slow start-up, and the CIA is in free fall. The Director of National Intelligence, a position Congress created to integrate the activities of the entire Intelligence Community after 9/11, has not taken command yet of that community. Meanwhile at CIA, our premier intelligence organization, 300 years of experience have either been pushed out or left in frustration, and morale is dangerously low.
The DNI is giving away authority to the Pentagon, which is happy to receive it, as it expands its own role in intelligence-gathering abroad and here at home. The efforts to integrate homeland intelligence between the FBI and DHS is still uneven.
And our borders, airports, seaports remain vulnerable. As we speak, the House Homeland Security Committee on which I serve is trying to report a strong port security bill. I hope that effort succeeds. We surely need it.
Given all this, what does this bill do, and as important, what does it not do? It funds an NSA program that in my view violates a clear statute passed by Congress. It fails to require that the program be fully briefed to Members of the Intelligence Committee.
I surely support, and I have said this over and over again, the capability to monitor al Quaeda. I want to know what their plans are so we can disrupt them before they harm us. But I do not support violating the law or the Constitution. Enhanced security without respect for law gives away the very values we are fighting to defend, and I believe that the program I am talking
about can and must fully comply with the Foreign Intelligence Surveillance Act and with our Constitution.
The bill also fails to give clarity to the issue of leaks. Leaks of classified information are wrong, but it is also wrong to have a double standard. When career professionals blow the whistle on controversial activities, it is illegal, a firing offense, but when the President and Vice President authorize the selective leaking of classified information to discredit criticism, it is defended as a prerogative of the Presidency, part of the President's inherent authority.
This bill includes a provision that gives arrest powers to the protective officers at CIA and NSA in order to help them protect agency officials. This provision, in my view, has been somewhat misconstrued in the press as granting new warrantless surveillance powers to these agencies. It does not. It simply gives these protective details the same authority that the Capitol Police, the Secret Service and other Federal authorities have. But, like all new powers, they are susceptible to abuse without strong oversight, and so it would be my hope that we will include more safeguards before this provision becomes law.
I do want to say to the chairman of the committee that I appreciate the bipartisanship which the majority has shown in accepting some initiatives raised over many years by committee Democrats. For 2 years committee Democrats have registered strong opposition to the practice of funding counterterrorism through supplemental budgets. We fought this reckless practice in committee and on the floor.
This year, again, the President's budget provided 22 percent less than what is needed for counterterrorism operations. On a bipartisan basis we are now authorizing 100 percent of the Intelligence Committee's counterterrorism funding needs for 2007 in this base bill, and that is something the majority agreed to, and I applaud them for that.
Second, for years our Intelligence Community has been denied the service of many patriotic Americans from versus ethnic backgrounds, Iraqi Americans, Iranian Americans, who want to serve, but who cannot get security clearances. Committee Democrats offered an amendment to last year's bill to require a multitier system of clearances so that these Americans, despite the fact that they may have relatives in these countries, can get clearances up to a certain level to help us with language and cultural issues. That language is in this bill, and I commend the majority for including it.
On a personal level, Chairman Hoekstra and I have made a major effort to work together to put America first. I am grateful for that and for him. I appreciate your kind words, Peter, and I thank you. We will continue to try to do our best to get the best possible legislation enacted.
Mr. Chairman, this bill, in my view, misses an enormous opportunity to send a message to the White House, and that message is that surveillance of Americans must comply with our law and our Constitution; that intelligence on Iran is not good enough; that protection of privacy and civil liberties must be part of our effort to improve intelligence gathering, not an afterthought; and that we will not tolerate a double standard on leaks of classified information.
I hope this debate, Mr. Chairman, will assure me that this bill is adequate. The dedicated women and men of the Intelligence Community not only deserve our full support, but our best effort to enact funding legislation that truly upholds America's values and America's principles.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I appreciate that sending messages to the White House is not all we should do here, but there are very few ways to send those messages.
I yield 2 minutes to a senior member of our committee, also a member of the Armed Services Committee, the gentleman from Texas (Mr. Reyes).
Mr. Chairman, how much time remains on each side?
Mr. Chairman, I yield 3 minutes to the gentleman from Alabama (Mr. Cramer), who is ranking member on our new Oversight Subcommittee, on which Mr. Thornberry is doing, I think, a superb job attempting to oversee activities of our intelligence.
Mr. Chairman, I would just say to my friend Mr. Rogers that all of us on this committee put America first, though we may disagree about precisely what this bill should include.
It is now my pleasure to yield to the gentleman from New Jersey (Mr. Holt), the ranking member on our policy committee, 3\1/2\ minutes.
Mr. Chairman, I yield 3 minutes to the gentleman from Massachusetts (Mr. Tierney).
Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I am the longest-serving member currently on this committee. I love this committee; I love the issues we consider. My district is the place where most of our intelligence satellites are made. It is the location of the Air Force Space and Missiles Command, which just opened a state-of-the-art complex and develops and fields our satellite and missile capabilities.
I was there in El Segundo 2 days ago, and I am immensely proud of the work of SMC and the people who do the work, both in uniform and civilians.
Mr. Chairman, I have traveled the corners of the earth with our committee members. They are my friends. I am very fond of them on a bipartisan basis and I have been very moved by some of the comments made about this bill. A lot of what they say I truly and sincerely agree with. I think this bill is a lot better than it would have been because there has been bipartisan cooperation. I appreciate that. And I appreciate the personal effort that Chairman Hoekstra made to work with me and work with the minority.
What has upset me today, and I do not think anyone has missed it, is what I view as callous, partisan behavior by the Committee on Rules at a level that I have not felt and experienced, at least with respect to the Intelligence Committee. Members on our side offered responsible amendments. All of them were shown to the majority; and in one case, the Boswell amendment, the majority collaborated with us on adjusting the language so it was mutually acceptable. Then at the last minute, for no good reason other than pure partisanship, the Boswell amendment was made out of order.
That experience has prompted me to revisit some of the things that still bother me. The NSA program bothers me. It is not that I do not support the capability; surely I do. I have made that clear. But I do not support any part of that program being outside of FISA, because I believe, based on information that I have, that it can fully comply with FISA. There is no reason to exempt that program.
Mr. Renzi was just talking about the actions of President Clinton that he claimed were outside of FISA. My understanding is that at the time, physical searches were not covered by FISA, and later FISA was amended to cover it. That is the right way to go, and that is what I would hope our committee would end up doing.
Mr. Chairman, it is a tough call whether to support the bill at this stage. I hope and expect that I will support the conference report. I think the conference report will be better than the bill we pass in this House, because I think that the other body and the conference will consider and make decisions about some of these issues we have not addressed adequately here.
In closing, it is always on my mind that dedicated men and women are serving overseas taking tough risks for our freedom. I love them and I have been there to tell them that. This bill has to honor them, which means this has to be the best bill we can field. I do not think it is the best bill we can pass. I will make a decision about my vote later in this debate. I know that some members on our committee will support it and some will oppose it and I respect their views, as I do the views of the majority.
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I will support this amendment, but I rise to note that the chairman has agreed to modify a provision, and I appreciate the modification that he has made, and that relates to the CIA Director's responsibility under the Freedom of Information Act. The minority felt that the provisions were restricting FOIA requests, and the majority agreed to accommodate us and struck the language, and I would like our colleagues to know that that accommodation has been made. It makes the manager's amendment a better amendment, and I support the manager's amendment.
Mr. Chairman, I move to strike the last word, and rise in support of the Fossella amendment. I think it is an excellent amendment, and I think the explanation by Mr. Fossella was excellent.
We had meltdowns, as he well describes, both in New York and Baltimore recently. I think local officials acted responsibly. The information they had showed direct threats to their municipalities, so they had no choice.
We can improve this. We not only need to share information better horizontally, a point we have been making in this committee and one of the reasons we set up the Director of National Intelligence, but we need to share it better vertically. Some of the best ideas are in our hometowns, and some of the best people trying to keep us safe are in our hometowns. I think the Fossella amendment will help us, through the establishment of centers of excellence, develop best practices to share information horizontally and vertically and get best information to those in our hometowns who are trying to protect us.
This is a great idea. I am kind of embarrassed we didn't have it in the base bill. It shows that when this House works together, we bring good information to the floor, and we improve legislation. I only wish that we had been able to bring some other good amendments to the floor to improve this legislation. I say to Mr. Fossella, I strongly support you.
Yes, I would be happy to yield to the gentleman.
I would be happy to yield to the gentleman.
Well, I agree. And just reclaiming my time, this is how this House should be working. This is bipartisan collaboration at work. It is going to make our cities safer, and it is going to send a message to the American people of one team, one fight, which is the message they want to hear.
I yield back, Mr. Chairman.
Mr. Chairman, I thank the gentlewoman for yielding to me. I commend her for her courageous voice in Congress, she knows I do, on many important issues.
I also want to commend our chairman for saying that he will accept this amendment. He should know, and the gentlewoman surely does know, that we have worked together over the years to describe this issue in a manner acceptable to many in the committee. She and I have had conversations on the floor in past years about this issue. This year she is offering her concerns in the form of legislation, and I think this legislation is really very good. I think the goals of democratization and transparency are both good goals. Our President says he supports democratization. It surely is one of our major foreign policy goals.
I am for, and I mince no words about this, the robust use of intelligence to find out the plans and intentions of people who are plotting to do us harm. I do not think this amendment in any way compromises that, and I think the fact that the report is to be prepared and will be delivered to our committee in a classified form makes absolutely certain that we are not advertising to our enemies how we deploy our resources.
So, again, I want to commend the gentlewoman for offering this amendment and offer my strong support for it.
Mr. Chairman, I thank the gentleman for yielding.
And I agree that there is more to explore about this subject in conference. But outsourcing is a big deal, and it is probably a bigger deal than any of us on the committee knows.
Oversight of the intelligence community in today's world means oversight of contractors. We have outsourced more and more of the community, and I think that more serious thought needs to go into the impact of this.
The good thing about the Price amendment is that it does not mandate any particular solution. It just requires the DNI to examine the problem in a meaningful way. It essentially calls for an inventory of contracts and of rules regarding what duties may be outsourced. And I think giving us full information will allow better policy.
I applaud the gentleman for introducing this amendment and urge our colleagues to support it.
Mr. Chairman, I rise in opposition to this amendment, though I may not oppose it. I really rise for the purpose of entering into a colloquy with the amendment's sponsor.
Mr. Chairman, there is much that is good in this amendment. All of us, certainly this Member, oppose the leaks, unauthorized leaks, of classified information. That is the wrong thing to do. All of us who serve on the Intelligence Committee not only took the general oath as Members of Congress, but I believe we signed a second oath as members of the committee, and I have no reason to believe that any one of us ever, not for a nanosecond, has compromised classified information, nor would we. I am sure the amendment's author agrees.
I think it is important to say that the Congress wants those who leak in an unauthorized fashion to be prosecuted. I think that is a fair thing to say. I am also in full agreement that the President should use the fullest extent of his power to properly classify information and to protect classified information.
But two things are on my mind, and one of them relates to the language here. One thing on my mind, as I stated earlier, is we should not have a double standard. If we are against leaks of classified information, we should be against leaks of classified information everywhere, and I don't believe, and I am not asking the sponsor, unless he would like to comment, that it is proper for the President or the Vice President to use inherent power to authorize their own aides to discuss what was classified information with selected reporters.
But the question I want to ask the sponsor is this: there is one section of this amendment that I think is overly broad, and it is clause (7) of the findings, where it says, ``Media corporations and journalists have improperly profited financially from publishing purported unauthorized disclosures of classified information.'' That may be conjecture. I don't personally think that is true.
I would like to ask the amendment's sponsor whether he will work with us as this bill goes to conference to modify this language so that it can be absolutely accurate and convey on a bipartisan basis the view that unauthorized leaks are wrong, but that our findings are completely factual on the point.
Mr. Chairman, reclaiming my time, I appreciate the gentleman's sincerity. You know, I enjoy working with you, but I doubt, and that is why I said we need more facts here, I don't think we should allege this unless it is factually based. I doubt the motivation in many of these cases was financial. I doubt it.
I understand that books have been written and prizes have been garnered based on publishing classified information, but we have a strong tradition of freedom of the press and a strong constitutional amendment, the first amendment, that protects freedom of speech. So I think we should be very careful in making claims like this.
What I am seeking is just a commitment that we will review this language and make sure that we all feel it is factually based.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield myself the balance of the time.
Mr. Chairman, we have no further speakers and I do appreciate the comments of the amendment's sponsor on his amendment. I do intend to support the amendment and then to work with him and our chairman on some modifications of that amendment in the conference.
Mr. Chairman, I yield back the balance of my time.
I thank the gentleman for yielding and commend him and Messrs. Flake and Inglis for their bipartisan leadership on this issue.
Mr. Speaker, every Member of this body supports tracking the communications of al Qaeda. That is not the issue. The issue is whether the electronic surveillance of Americans must comply with law and the fourth amendment. I believe it must. And as one of the few in this body who has been briefed on the highly classified program we are talking about, I believe it can. This program can and must comply with FISA. That is what the amendment says. The President believes his inherent authority trumps Article I of the Constitution, and I respectfully disagree.
Recommitting this bill and adding this provision will make a good bill stronger and will honor the sacrifice and dedication of those who serve us so courageously in the field.
Mr. Speaker, I demand a recorded vote.