Madam Speaker, pursuant to House Resolution 1674, I call up 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…
Madam Speaker, pursuant to House Resolution 1674, I call up 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, with the Senate amendment thereto, and I have a motion at the desk.
Madam Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include extraneous material on this legislation.
Madam Speaker, I yield myself such time as I may consume.
I am proud to rise today in support of my motion to concur in the Senate amendment to H.R. 2701, the Intelligence Authorization Act for Fiscal Year 2010.
This bill has been a long time coming. It has been almost 6 years since an intelligence authorization bill has been signed into law. Year after year, the intelligence committees have marked up authorization bills and tried to get them enacted. And year after year, these efforts have fallen short.
Authorization bills are critical to the smooth functioning of the intelligence community. We face innovative and aggressive adversaries, and the intelligence community needs the flexibility to adapt. But the authorities and institutions of the intelligence community are, to a large extent, set by statute. Only acts of Congress--traditionally in the form of authorization bills--can give the community the tools it needs to keep America safe.
Most intelligence activities are, by necessity, shielded from public scrutiny. Congress has an obligation to ensure that the activities of the intelligence community are legal, effective,
and serve the best interests of the United States. The Intelligence Authorization Act is the principal means for doing this.
The bill before us today meets this high standard. It is the product of months of bipartisan discussions between the House and Senate intelligence committees, leadership, and the White House. Let me highlight several important provisions.
First, the bill would substantially reform the process through which the President notifies the so-called Gang of Eight regarding certain sensitive covert operations. As Members may know, the National Security Act gives the President the authority to limit briefings on certain sensitive covert actions to the Gang of Eight. It has been the belief of both intelligence committees that the Gang of Eight authority has been overused, and that the entire committee membership should be informed on matters of critical importance.
For that reason, an earlier version of the bill removed the statutory authority for limiting briefings to the Gang of Eight. Last July, the administration threatened to veto the bill if it included that language. After months of tough negotiations, we have reached a compromise that substantially improves the notification process, and which the President will sign.
The bill requires that the President notify all members of the intelligence committees that a Gang of Eight briefing has occurred and give a ``general description'' of that notification. It requires that the full briefing be automatically made available to all members in 6 months, unless the President recertifies that the briefing must stay limited.
It also requires that all Gang of Eight briefings be in writing and that the President maintain a written record of those receiving these limited briefings. Finally, like earlier drafts, it requires that the President provide the legal basis for an intelligence activity and sets a new standard for determining when certain activities must be notified.
Second, the bill would help the General Accounting Office gain access to the intelligence community. For decades, the executive branch has prevented GAO from conducting audits or investigations into intelligence activities. This bill directs the Director of National Intelligence to come up with regulations to govern GAO access to the intelligence community.
The new DNI, General Clapper, has suggested in testimony that he would be open to working with GAO. This provision would give him the opportunity to put his words into action.
Third, the bill would put in place a number of measures to help stamp out waste, fraud, and abuse. It would create an Inspector General for the intelligence community, with authority to conduct oversight across the community and on the critical issues regarding coordination and cooperation between agencies. It also requires a comprehensive assessment of contracting practices across the community, which would give Congress the tools it needs to help control contractor costs.
Fourth, the bill creates new cost-control measures for the acquisition of major systems, many of which have been subject to serious cost and schedule overruns in recent years. This includes a mechanism--based on the Department of Defense's Nunn-McCurdry provision--that requires congressional notification and program restructuring when certain cost thresholds are exceeded.
Fifth, the bill modifies various authorities to ensure the intelligence community has the tools it needs to keep the country safe. These include an exemption to certain public disclosure requirements for operational files transferred to the ODNI, a reform that the Director of the National Counterterrorism Center said was critical to information sharing.
Madam Speaker, these are vital reforms, as are others in this important bill. They have been priorities of this body, on a bipartisan basis, for a very long time. It's time we got these reforms enacted. It's time for us to pass this bill.
Therefore, I urge all my colleagues to vote ``yes.''
With that, Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield to the gentlewoman from California
(Ms. Harman) for the purpose of a unanimous consent request.
(Ms. HARMAN asked and was given permission to revise and extend her remarks.)
Madam Speaker, I yield 2 minutes to the chair of the Intelligence Community Management Subcommittee, the gentlewoman from California (Ms. Eshoo).
I yield the gentlewoman an additional 30 seconds.
Madam Speaker, I yield 2 minutes to the chairman of the Technical and Tactical Intelligence Subcommittee, the gentleman from Maryland (Mr. Ruppersberger).
Madam Speaker, I yield 2 minutes to a member of the committee, the gentleman from California (Mr. Schiff).
Madam Speaker, I now yield 2 minutes to a member of the committee, the gentleman from Oklahoma, who just, I might add, had a son last week, and a valued member of our committee, Mr. Boren.
Madam Speaker, I yield myself 2 minutes.
Madam Speaker, the American people are tuned in tonight. They must be confused that we are kind of talking in parallel universes here. For instance, there are no earmarks in this bill, in H.R. 2701. There are also a host of legislative provisions in this bill that will have a permanent effect on the operations in the intelligence community. Today's date, tomorrow's date, next week's date doesn't change any of that. And it's gratifying to know that for the last few months, our colleagues on the other side of the aisle have embarked on a listening campaign. It is good that they listen, and I hope that they have also gotten back the message that the American people are sick and tired of their strategy of just saying ``no'' to everything.
Isn't it interesting--at least I find it interesting--that H.R. 2701 had unanimous support on the Senate side. That means both Democrats and Republicans. But somehow, some people don't understand or didn't get the memo that it is okay to agree on protecting this country. It's okay to agree to pass a piece of legislation that fundamentally does that.
This bill does that. Is it perfect? No. Is it a compromise? Yes. But that is the reality of legislative compromises.
They talk about Guantanamo. Tonight we are going to vote on a continuing resolution. This bill does nothing to impact on anything to do with Guantanamo. Voting on the continuing resolution, we will vote on keeping those protections in place.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, I yield myself 1 minute.
There are a lot of things that aren't in this bill. There aren't any things dealing with water, there aren't any things dealing with the border, there aren't any things dealing with other aspects.
We are here to pass a piece of legislation that has the support of every Senator in the other body. We are here to pass a piece of legislation that fundamentally protects this country.
And I can certainly understand the questions that my colleague from Michigan has because for the last year he hasn't been here. He has been in Michigan doing other things.
But to criticize a piece of legislation that we have reached out, that we have worked together--and as I said in my opening statement, this is a compromise agreement that was agreed to by the House, the Senate, and the administration. It is a good piece of legislation. It deserves to be supported.
Madam Speaker, I reserve the balance of my time.
Madam Speaker, it is my privilege now to yield 3 minutes to the gentleman from New Jersey (Mr. Holt), a member of the committee and the chairman of the Select Intelligence Oversight Panel.
Madam Speaker, I yield the gentleman an additional minute.
Madam Speaker, it is now my privilege to yield 3 minutes to a Member who has been a leader on the issue of cybersecurity, a member of our great committee and the chair of the Armed Services Subcommittee on Strategic Forces, Mr. Langevin.
(Mr. LANGEVIN asked and was given permission to revise and extend his remarks.)
Could I inquire as to the amount of time on either side?
Madam Speaker, it is now my privilege to yield 1 minute to the majority leader, a gentleman who has worked tirelessly the last few months to make sure that we have a good bill and a good compromise. I have been told that compromise is one where everyone feels that they didn't get everything they needed but it's at a place where we should be able to support it. No one personifies that better than our majority leader, Mr. Hoyer.
Madam Speaker, I reserve the balance of my time to close.
I yield myself the balance of my time.
Madam Speaker, I want to take this time to thank the ranking member. Although we have disagreed many times on the way forward, we have never disagreed on the purpose that we're both here, and that is working hard to keep this country safe. As I thank the ranking member for his hard work and wish him well, knowing that he is going to be leaving Congress, I also want to assure you that we will continue to focus on the many things that I know we have in common, and that is making sure we do everything we can to continue to protect this country, continue to work together, the Senate, the House, and the administration, towards that effort.
I, too, would like to close by thanking all of the people who have worked so hard and for so long to get this bill to this point. First, I would like to thank the Speaker and the majority leader for their leadership and support during these tough negotiations. I would like to also thank Chairman Feinstein and Vice Chairman Bond for their dogged commitment towards working in a bipartisan fashion to get this bill passed.
I would like to thank the members of the House intelligence committee who have all contributed valuable ideas and hard work towards this bill. Not everyone got everything that they wanted included in this bill, but I think it is a good compromise. I would also like to thank the staffs of the House and Senate Intelligence Committees on both sides, the minority and the majority side; the legislative counsels; all those who worked so very hard and many long hours. And in our case here, since we are going to have a bill for the first time in almost 6 years, it is vital and important to recognize that hard work.
This has been a monumental effort on the part of many, many people. The intelligence communities have worked for years on Intelligence authorization bills, only to see those efforts and that hard work frustrated by vetoes, by bipartisan politics, and other roadblocks. We have only been able to break through these barriers through diligence, leadership on both sides, and a commitment to national security that extends beyond partisan divisions.
The bill that we bring to the floor tonight is a product of compromise. As I said, we didn't get everything through this body. We didn't get everything that everyone wanted to be included, but I think we have got a great product that will help keep this country safe.
Finally, as I reflect back on the faces of countless men and women throughout the world in the 16 different agencies and the military working together as never before to counter the challenges and the threats that we face as a country, I am impressed by their professionalism, their dedication, their commitment, and their trust that we are going to do the right thing to give them the tools to carry out their assignments, to carry out their work, and to continue to keep us safe.
We have worked very hard, and now it is time for Members to do their part. This is the essence of what we have been sent here to do. We make difficult decisions that are in the best interest of our country. We don't always agree, but we govern. That is the American way. I am proud to have been a part of this process. I urge my colleagues to support this bipartisan product. And in the Senate, as the majority leader said, every member of the Senate supported this bill, sending a clear bipartisan statement on national security. That is what we're sent here to do.
So I hope that this evening we can send a similar message to the country that when the stakes are high, when the stakes are about the national security of our country, we can come together, set aside politics, set aside divisions and all the things that the American people have told us are not important in the realm of national security.
So it has been a great privilege and a great honor to lead this committee as chairman. This evening will be the culmination of months and months of work. And I am very appreciative of the work that has been done by both the majority and the minority and by the staffs on both sides. Certainly, I think we have a lot to be proud of; and, most of all, we can be grateful that the hard work being done by our men and women in the intelligence community through our support keeps us safe.
With that, Madam Speaker, I urge my colleagues to vote ``yes.''
I yield back the balance of my time.