Thank you, Madam Chair. I yield myself such time as I may consume. Madam Chair, I am proud to rise today in support of H.R. 2701, the Intelligence Authorization Act for Fiscal Year 2010. This is an unusual time of the year for us to be…
Thank you, Madam Chair. I yield myself such time as I may consume.
Madam Chair, I am proud to rise today in support of H.R. 2701, the Intelligence Authorization Act for Fiscal Year 2010. This is an unusual time of the year for us to be considering this legislation. However, it is and remains a very important bill which addresses critical national security issues, and one that we ultimately need to see enacted.
As chairman of the Permanent Select Committee on Intelligence, my most important job is to guide the committee in providing appropriate tools, resources, and authorities to aid the dedicated men and women of the intelligence community in keeping our Nation safe. I believe that H.R. 2701 does just that.
First and foremost, this bill authorizes the activities and the funds for the 16 agencies of the intelligence community. It is difficult to talk about their roles and their missions in the open, but in some ways it is probably one of the most important things that we do on the Intelligence Committee. In addition to providing authorization for intelligence activities, this bill takes the initial important steps to improve congressional oversight of that intelligence community.
I want to highlight two legislative provisions from this year's bill that I believe will significantly improve oversight.
When this bill was marked up in committee, we made significant changes to the so-called ``Gang of Eight'' procedures. As Members know, the President has had the statutory authority to limit briefings to the Gang of Eight when they involve sensitive covert actions. It was the sense of the committee that the Gang of Eight statutory authority had been overused, and that, on matters of critical importance, the committee as a whole should have been informed. For that reason, that earlier version of the bill removed the statutory authority for limiting briefings to the Gang of Eight.
Last July, the administration issued a statement of policy on H.R. 2701 that included a veto threat with respect to the provisions that would modify the Gang of Eight notification procedures. I believe that some level of concern at that point was justified, and I have been working with the administration over the past several months to resolve those differences. Since July, there have already been noticeable improvements in the way the administration and the intelligence community are communicating and briefing Congress.
Accordingly, the manager's amendment I will offer includes a revised provision on Gang of Eight reform. I know that many Members have strong feelings about this issue on both sides of the aisle. The provision that is in the manager's amendment is intended to be a strong and significant step towards better oversight which still respects the constitutional authorities of the President. It recognizes that both elected branches have a role in national security.
I fully expect that once we pass this bill we will then revisit this issue during conference between the House and the Senate. And I am happy to work with Members to seek improvements at that time. Through this process, we will be able to find a workable solution to a problem that has persisted over the past several years, if not longer.
Another provision that I think is absolutely critical establishes a statutory Inspector General for the intelligence community. This provision will eliminate waste, fraud, and abuse, and it will also help keep a close eye on the protection of the rights of Americans.
This year's bill is truly a product of many hands. The Inspector General provision, which I just spoke about, in large part is due to the efforts of Ms. Eshoo, the chair of the Intelligence Community Management Subcommittee. The vice chairman of the full committee, Mr. Hastings, has offered an amendment to include critical provisions on our shared interest in promoting diversity as a mission imperative. He has been working at this long and hard for many, many years. Our newest majority member, Mr. Boren, has worked hard to develop a pilot program to improve language capability in African languages.
The chairman of the Technical and Tactical Subcommittee, Mr. Ruppersberger, has worked hard on the classified annex to make sure our approach to acquisitions and our most technical programs make good sense. He has been a pivotal part to the committee's oversight process in these very important areas.
The bill includes several provisions offered by Ms. Schakowsky, the chairwoman of the Oversight and Investigations Subcommittee, which relate to
her longstanding interest in appropriately monitoring and managing contractors in the intelligence community.
Mr. Holt, the chairman of the Select Intelligence Oversight Panel, advocated for a provision addressing the videotaping of interrogations and another on intelligence information on the health risks faced by Desert Storm veterans.
Mr. Thompson of California, another subcommittee chairman, has worked hard on this bill as well. He pushed successfully for the inclusion of a provision to study the benefits paid to the families of the men and women of the intelligence community who have made the ultimate sacrifice. I am proud to support that as well.
We also received important input from the committee's minority members. Mr. Kline of Minnesota offered an excellent amendment, which we were pleased to accept, that requires the National Reconnaissance Organization to rewrite its charter to meet its current missions. Mr. Conaway's personal interest in auditable financial statements led to a provision in the bill that requires the intelligence community to focus on its internal financial management and to provide a system that achieves auditability.
Madam Chair, I believe that this bill will provide the resources and the tools that the intelligence community needs to do its important work in keeping our Nation safe. That includes collection and analysis of human intelligence, signals intelligence, and geospatial intelligence.
It includes funds to detect and disrupt terrorist plots, to provide for intelligence support to the warfighters in Iraq and Afghanistan, and also improves the recruitment and training of a diverse and capable workforce.
During my time on this committee, I've had the good fortune to be able to travel and to meet the brave men and women of the intelligence community, both uniformed and civilian, and I am continually impressed and in awe of the great work that they do and the great morale that they have. They are dedicated, professional and highly skilled patriots, and I'm proud to offer a bill that supports them and all that they do for our great Nation.
This past December, we lost seven of those brave men and women in the attack in Khost, Afghanistan. It is for them, and for those who carry on their mission, that I proudly submit this bill today.
Madam Chairman, I reserve the balance of my time.
Madam Chairman, now it's my privilege to yield 3 minutes to my good friend and chairman of the Armed Services Committee, the gentleman from Missouri (Mr. Skelton), who actually has jurisdiction over some of the issues that the ranking member mentioned just a couple of minutes ago.
It's now my pleasure to yield 1\1/2\ minutes to my good friend and former member of the House Intelligence Committee who still is a valued resource for us, Mr. Boswell from Iowa.
Madam Chair, I am happy to oblige my good friend, Mr. Boswell.
You are correct, Mr. Boswell.
Having had the opportunity to visit Drake University with you, you are correct.
I yield the gentleman an additional 30 seconds.
Madam Chair, I don't quibble with the opinions that my friends on the other side of the aisle have. It's just facts that don't support those opinions that I quibble with. They're not entitled to their own facts.
I now yield 1\1/2\ minutes to a new member of our committee, the gentleman from Oklahoma (Mr. Boren), a valued member of our committee.
I yield the gentleman an additional 15 seconds.
Madam Chair, just so we are clear, it doesn't appear that some members of the other aisle realize how important the rules are. The rules of the House apply to everyone on a bipartisan basis. The information he sought was denied from our committee because it didn't fit the criteria and the rules of the House.
With that, I now yield 2 minutes to my friend from the Armed Services Committee, chairman of the Readiness Subcommittee, and a new member of our House Intelligence Committee this year, Mr. Smith of Washington.
I yield the gentleman an additional 30 seconds.
Madam Chair, I now yield 2 minutes to the chairman of the Terrorism-HUMINT, Analysis and Counterintelligence Subcommittee, my good friend from California (Mr. Thompson).
Madam Chair, I am now pleased to yield 2 minutes to the chair of the Homeland Security Subcommittee on Intelligence, Information Sharing and Terrorism Risk Assessment, and our former ranking member of the House Intelligence Committee, Ms. Harman of California.
Madam Chair, I now yield 2 minutes to the chairwoman of the Subcommittee on Intelligence Community Management, a valued member of my committee, Ms. Eshoo from California.
I yield the gentlelady 15 additional seconds.
Madam Chair, it is now my privilege to yield 2 minutes to the chairman of the Subcommittee on Technical and Tactical Intelligence, the gentleman from Maryland (Mr. Ruppersberger).
Madam Chair, it is probably a good point that the ranking member makes that there should be a debate on Guantanamo; unfortunately, this is not the right bill to have that debate on.
I now yield 2 minutes to the chairman of the Select Intelligence Oversight Panel, and a member of the House Intelligence Committee, a valued member, Mr. Holt from New Jersey.
Madam Chair, may I inquire of the time remaining on both sides?
Madam Chair, I reserve the balance of my time.
Madam Chair, I now yield 1\1/2\ minutes to the chairwoman of the Oversight and Investigations Subcommittee, the gentlewoman from Illinois (Ms. Schakowsky).
Madam Chair, I yield 1 minute to a valued member of our committee, the gentleman from California (Mr. Schiff).
Madam Chair, I understand the frustration on the minority side. As an Army veteran, as a veteran of Federal law enforcement for 26\1/2\ years, I understand and value the United States Constitution. I understand and value that we have to live by the rules. I understand and value the fact that we are a global leader that is much respected.
The gentleman talks about one amendment, and that amendment simply says, Follow the rules. Follow the law. Follow the principles that have made this country great. I understand that.
Apparently, the minority does not understand that, and I feel for them because, in the final analysis, I have been with members of the intelligence community in faraway places around the world. I have been with them and their families at Bethesda when they were recuperating from the attack in Khost. I have been to the ceremony at the CIA. I understand what they go through. This is a good bill. It deserves everybody's support.
I yield back the balance of my time.
Madam Chair, I have an amendment at the desk.
I yield myself such time as I may consume.
Madam Chair, the manager's amendment includes a number of revisions to H.R. 2701 along with a number of technical changes. I would like to highlight several of these key provisions.
The manager's amendment makes significant changes to the underlying bill's reforms to the process for notifying Congress on sensitive covert actions.
As my colleagues know, the National Security Act requires that the President inform Congress through the intelligence committees about all significant intelligence activities including covert actions.
In very limited circumstances, it allows the President to limit briefings on certain highly sensitive covert actions to the Gang of Eight--the leadership of the Intelligence Committees and the leadership of both Houses.
Over the past several months, we have carefully considered the administration's objections to the reforms that the committee included in the underlying bill. The manager's amendment is a product of that work.
The bill, as amended, would require the President to maintain a record of all Gang of Eight briefings. It also requires that the full committee be notified every time that a Gang of Eight briefing is conducted and be provided with general information regarding that briefing.
In the event the President decides that a briefing must be limited to the Gang of Eight, the manager's amendment also requires that he submit a certification stating that extraordinary circumstances require the briefing to be limited.
In the case of a limited briefing, the DNI will have to reissue that certification every 180 days or open the briefing to all members of the committee.
This reform is a substantial improvement over the language we included in previous authorization bills and which some of my colleagues still support. This earlier language would have actually expanded the President's authority to conduct restricted briefings, going so far as to include all intelligence activities, not just covert actions. It would also result in more restricted briefings and not fewer.
I am interested in passing laws that reform the notification process, not, as some would say, in sending political messages.
The manager's amendment also includes a number of provisions proposed by my colleagues. These include an amendment by Mr. Bishop, which would require the DNI and the Attorney General to provide Congress with a strategy on balancing intelligence collection needs with the interests of the United States in prosecuting terrorist suspects.
The questioning and prosecution of terrorist suspects has been the subject of some controversy in recent weeks, and I believe that Congress could benefit from understanding how the administration plans to handle such cases in the future.
A second provision included in the manager's amendment was proposed by Mr. Marshall of Georgia. It requires the DNI to study the best practices of other foreign governments to combat violent domestic extremism.
A number of our allies, including the United Kingdom and the Netherlands, have established programs to stop individuals from turning to terrorism. This is a growing problem here in the United States, and we could benefit from learning how our friends and allies have dealt with this problem.
Madam Chair, I urge the passage of the manager's amendment.
At this point, I reserve the balance of my time.
Madam Chair, I now yield 2 minutes to the gentleman from Rhode Island, and a valued member of our committee, Mr. Langevin.
(Mr. LANGEVIN asked and was given permission to revise and extend his remarks.)
Madam Chair, it is now my privilege to yield 1 minute to the gentlewoman from California (Ms. Richardson), who is a member of the Homeland Security Subcommittee on Emerging Threats.
I am happy to oblige.
I believe that the Homeland Security Committees have an important role to play in congressional oversight of national security matters and that the committee should be briefed on national security matters that fall within its jurisdiction.
Madam Chair, I yield myself 2 minutes.
The manager's amendment includes language originally proposed by Mr. McDermott that reiterates existing law on torture and provides statutory criminal penalties for individuals who knowingly commit an act of cruel, inhumane, or degrading treatment. Torture is a reprehensible and counterproductive practice. The U.S., as we all know, has no business engaging in that. The language in the manager's amendment simply reasserts existing law.
Executive Order 13491 prohibits interrogators from engaging in any of the activities highlighted in the manager's amendment language. This Executive Order limits interrogations to the interrogation techniques that are authorized by the Army Field Manual. It also spells out the terms of Common Article 3 and relevant provisions of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment as the minimum standard for the United States to follow.
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. It provides a specific criminal penalty for those who knowingly cause the death of a detainee. It is already a crime for an interrogator to knowingly murder a detainee. This provision merely adds a concrete statutory penalty to that conduct.
This language does not, does not, give terrorists greater rights than ordinary criminals.
We cannot afford another Abu Ghraib, and the language in the manager's amendment simply reasserts these important provisions already codified in law, plain and simple.
Madam Chair, I reserve the balance of my time.
Madam Chair, I now yield 1 minute to the gentleman from Georgia (Mr. Barrow).
Madam Chair, I yield myself the balance of my time.
Thank you, Madam Chair.
I rise to inform my colleagues on the other side that the men and women protecting this country are clear about their duties. They are focused on keeping us safe. They are not concerned about the political spin here. They are not concerned about the rhetoric that they hear. But they do appreciate actions more than rhetoric.
I know because I have been around the world visiting them. I have been to talk to various groups in the intelligence community. They know that we appreciate the work that they do each and every day to keep us safe. And they are not going to be fooled, like the American people are not going to be fooled, by the rhetoric that comes up, the spin that they try to put on the manager's amendment, and in particular the reiteration of something that is fundamentally American, and that is we have a Constitution. We have rules that we all have to live by. We understand the law. And we have to have respect for that law. It does not undermine any of that.
It is a good manager's amendment. I urge the adoption of the manager's amendment.
I would like to claim the time in opposition, even though I am not opposed to it.
I yield such time as she may consume to my friend from California (Ms. Harman).
I reserve the balance of my time.
Madam Chairwoman, I am prepared to accept the amendment, and want the record to reflect that Ms. Schakowsky from Illinois is very much in agreement with Mr. Hoekstra.
I yield back the balance of my time.
I just want to thank the vice chair of our Intelligence Committee for his hard work. I know he's worked ever since he's been on the committee on this very important issue that keeps, I think, the face of the intelligence community reflecting the face of this Nation.
Madam Chair, I rise to claim time in opposition to the Burton amendment, even though I am not opposed to the amendment.
Madam Chair, I yield myself such time as I may consume.
Madam Chair, I want to tell the gentleman I appreciate him wanting to honor the personnel of the Central Intelligence Agency. As I have said many times on the floor, I have had the privilege of visiting with members of the CIA and members of their families, members of the CIA throughout the world under probably the most difficult of circumstances. I understand the hardships that they face.
Most recently, I was with family members and survivors of the Khost bombing, which illustrates the danger they put themselves in willingly to protect our country. I would also remind the gentleman that we should not mix and compare apples to oranges. There is a big difference between a training exercise that simulates waterboarding and waterboarding an individual for 183 times. That's a huge difference.
The other thing I would point out is that when the last administration decided to take us down that road, that enhanced interrogation techniques would be authorized and approved. There has been a great amount of disagreement in terms of the legal authorization of these techniques, considered torture by most anybody's standards. I would also remind us that the CIA did not have any expertise in waterboarding. They had to actually go out and contract DOD personnel to be able to acquire that technique. It puts them in a tough situation.
I will tell you what I hear from the men and women of the Central Intelligence Agency. They understand the difference between politics and bad policy. They understand the difference between doing the kinds of things that they are expected to do to keep our country safe and responding to the kind of political spin that, unfortunately, we hear about their work.
But, the one thing that comes across when I hear from them is they appreciate the support that they receive from the Congress. They appreciate the fact that regardless of what side of the aisle we sit on, we respect the work that they do.
We, despite all of the arguments that are proffered here in this great Chamber, in the final analysis they know that they have a job to do. They know that they have a duty to perform. They know that they are committed professionals and that they expect and deserve the support of every member of this Chamber. That's why I appreciate the gentleman's sponsoring this amendment.
That's why I think we ought to accept it. I accept it. I think we ought to leave it at that and leave the politics and leave the rhetoric and remind ourselves that the message we need to send them is that we support their work. The message we should send them is that we honor them for their service to this great country.
The message that we deliver to the families of those victims of the Khost bombing is that we will support them. We will have our differences politically, we will articulate those differences, but we will never stop supporting the great work that the men and women of the Central Intelligence Agency do for all of us.
With that, I yield back the balance of my time.
Madam Chair, I want to say I appreciate the amendment and the gentleman's interest.
This amendment would require the director of the DNI to submit to the Intelligence Committees a report on the attempted bombing of Northwest Airlines Flight No. 253.
This report would provide an assessment on any failures to share information within or between elements of the Federal Government and the measures that the intelligence community has taken or will take to prevent such failures in the future.
This report also covers issues such as analytic tradecraft, watch listing procedures, technical deficiencies, training database management. Many of the elements of this report mirror portions of the review of the DNI, which they are currently doing.
Requiring the DNI to provide this report will allow the Intelligence Committees to conduct rigorous oversight on this important national security concern.
Additionally, this amendment requires the DNI to submit responses to any findings or recommendations made by the Intelligence Committees.
With that, Madam Chair, I fully support this amendment.
Madam Chairman, I move that the Committee do now rise.