[House Report 108-561]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-561
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 4548, INTELLIGENCE AUTHORIZATION
ACT FOR FISCAL YEAR 2005
_______
June 22, 2004.--Referred to the House Calendar and ordered to be
printed
_______
Mrs. Myrick, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 686]
The Committee on Rules, having had under consideration
House Resolution 686, by a record vote of 6 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 4548, the
Intelligence Authorization Act for Fiscal Year 2005, under a
structured rule. The rule provides one hour of general debate
equally divided and controlled by the chairman and ranking
minority member of the Permanent Select Committee on
Intelligence. The rule waives all points of order against
consideration of the bill.
The rule provides that the amendment in the nature of a
substitute recommended by the Permanent Select Committee on
Intelligence now printed in the bill shall be considered as an
original bill for the purpose of amendment and shall be
considered as read. The rule waives all points of order against
the amendment in the nature of a substitute recommended by the
Permanent Select Committee on Intelligence.
The rule makes in order only those amendments printed in
this report. The rule provides that amendments shall be
considered only in the order specified in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this 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 in the
House or in the Committee of the Whole. The rule waives all
points of order against the amendments printed in this report.
Finally, the rule provides one motion to recommit with or
without instructions.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 288
Date: June 22, 2004.
Measure: H.R. 4548--Intelligence Authorization Act for
Fiscal Year 2005.
Motion by: Mr. Frost.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Representative
Harman which creates the position of Director of the
Intelligence Community, who shall be provided with statutory
and budget authority to effectively manage all elements of the
Intelligence Community.
Results: Defeated 3 to 6.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Sessions--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 289
Date: June 22, 2004.
Measure: H.R. 4548--Intelligence Authorization Act for
Fiscal Year 2005.
Motion by: Mr. Frost.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Representative
Peterson of Minnesota which increases by 100% the funds
authorized to be appropriated in the Contingency Emergency
Reserve (CER), as specified in the classified Schedule of
Authorizations.
Results: Defeated 3 to 6.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Sessions--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 290
Date: June 22, 2004.
Measure: H.R. 4548--Intelligence Authorization Act for
Fiscal Year 2005.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Representative
Holt which authorizes a grant program for institutions of
higher learning that combine the teaching of foreign language
critical to national security and the teaching of science and
technology, and authorizes $5 million for such program.
Results: Defeated 3 to 6.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Sessions--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 291
Date: June 22, 2004.
Measure: H.R. 4548--Intelligence Authorization Act for
Fiscal Year 2005.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Representative
Eshoo which withholds funding from the Office of the
Undersecretary of Defense for Intelligence until the Secretary
of Defense provides a full accounting of all contacts related
to intelligence between DoD personnel and its contractors and
Ahmed Chalabi and Chalabi's associates, as well as the
information, sources and documents these individuals provided
to DoD.
Results: Defeated 3 to 6.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Sessions--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 292
Date: June 22, 2004.
Measure: H.R. 4548--Intelligence Authorization Act for
Fiscal Year 2005.
Motion by: Mr. McGovern.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Representative
Lee which prohibits the Intelligence Community from using
federal funds to furnish military equipment, military training
or advice, or other support for military activities, to any
group or individual, not part of a country's armed forces, for
the purpose of overthrowing a democratically elected
government.
Results: Defeated 3 to 6.
Vote by Members: Goss--Nay; Linder--Nay; Diaz-Balart--Nay;
Hastings (WA)--Nay; Sessions--Nay; Frost--Yea; Slaughter--Yea;
McGovern--Yea; Dreier--Nay.
Rules Committee record vote No. 293
Date: June 22, 2004.
Measure: H.R. 4548--Intelligence Authorization Act for
Fiscal Year 2005.
Motion by: Mr. Linder.
Summary of motion: To report the resolution.
Results: Agreed to 6 to 3.
Vote by Members: Goss--Yea; Linder--Yea; Diaz-Balart--Yea;
Hastings (WA)--Yea; Sessions--Yea; Frost--Nay; Slaughter--Nay;
McGovern--Nay; Dreier--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries of amendments derived from information provided
by the sponsor.)
Goss: Restores the authorization of funds for the National
Drug Intelligence Center (NDIC) to the level requested by the
President in the fiscal year 2005 budget request ($37.8
million). (10 Minutes)
Gallegly: Amends current law regarding designations of
Foreign Terrorist Organizations (FTO). Replaces the requirement
to formally re-designate FTOs every 2 years with a procedure
allowing these groups to petition the Secretary at 2-year
intervals to have their designation revoked. Requires the
Secretary to review the designation of each FTO every 6 years.
Establishes a new procedure for handling the situation in which
a terrorist organization changes its name or uses new aliases.
Requires that the State Department's annual report on terrorism
include information on countries and FTOs that are seeking to
obtain weapons of mass destruction. (20 Minutes)
Boehlert: Expresses the sense of Congress to: affirm that
the world has been made safer with the dismantling and removal
of Libya's weapons of mass destruction and the means to deliver
them; acknowledge that this would not have been possible if not
for the demonstrated resolve of the United States in the global
war on terror and in the liberation of Iraq by United States
and Coalition Forces; commend the President for having the
courage to undertake those policies which persuaded Libya to
agree to relinquish such weapons; and urge other countries such
as Iran, Syria, and North Korea, to follow Libya's example and
voluntarily dismantle their weapons of mass destruction and
submit their programs to international inspections. (20
Minutes)
Johnson, Sam (TX): Expresses the sense of Congress that the
apprehension, detention, and interrogation of terrorists are
fundamental to the successful prosecution of the Global War on
Terror. (20 Minutes)
Rogers, Mike (MI): Expresses the sense of Congress in
support of the efforts of the Intelligence Community. (20
Minutes)
Ackerman: Requires the Director of Central Intelligence to
report to the appropriate committees of Congress regarding: the
efforts of any Pakistani entity or individual to acquire or
transfer weapons of mass destruction and related technologies
or missile equipment and technology to any other nation, entity
or individual; Pakistani steps to curb the proliferation of
weapons of mass destruction and the means to deliver them;
Pakistan steps to ensure that their own nuclear weapons are
secure; an estimate of the size of the Pakistani fissile
material stockpile; efforts by the government of Pakistan to
fight al Qaeda, the Taliban, and other terrorist networks
inside Pakistan; and efforts by the government of Pakistan to
establish and strengthen democratic institutions in that
country. Provides that the first report be due 90 days after
the date of enactment and annually thereafter until April 1,
2009. (10 Minutes)
Shays: Expresses the sense of Congress that the head of
each element of the Intelligence Community, including the
Central Intelligence Agency, the Federal Bureau of
Investigation, and the intelligence elements of the Department
of Defense, the Department of State, and the Department of the
Treasury should make available upon a request from a committee
of Congress with jurisdiction over matters relating to the
Office of the Iraq Oil-for-Food Program of the United Nations,
any information and documents in the possession or control of
such element in connection with any investigation of that
Office by such a committee. (20 Minutes)
Kucinich: Directs the Inspector General of the Central
Intelligence Agency to audit the evidence of the relationship,
existing prior to September 11, 2001, between the regime of
Saddam Hussein and al-Qaeda, referenced in all intelligence
reporting, including products, briefings, and memoranda,
distributed by the Central Intelligence Agency to the White
House and Congress. (10 Minutes)
Simmons: Directs the Director of Central Intelligence to
report to Congress on the progress the Intelligence Community
is making in utilizing Open Source Intelligence (OSINT). (10
Minutes)
Reyes: Withholds 25% of the funds available to the Central
Intelligence Agency Program, the General Defense Intelligence
Program, the Joint Military Intelligence Program, and the Army
Tactical Intelligence and Related Activities Program until the
appropriate congressional committees receive all documents
related to the handling and treatment of detainees in Iraq,
Afghanistan, Guantanamo Bay, and elsewhere. (20 Minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Goss of Florida, or His
Designee, To Be Debatable for 10 Minutes
In section 104(e)(1), strike ``$29,811,000'' and insert
``$37,811,000''.
----------
2. An Amendment To Be Offered by Representative Gallegly of California,
or His Designee, To Be Debatable for 20 Minutes
Add at the end the following new title:
TITLE VII--REFORM OF DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS
SEC. 701. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to paragraphs (5)
and (6), a'' and inserting ``A''; and
(B) by striking ``for a period of 2 years
beginning on the effective date of the
designation under paragraph (2)(B)'' and
inserting ``until revoked under paragraph (5)
or (6) or set aside pursuant to subsection
(c)'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary
shall review the designation of a
foreign terrorist organization under
the procedures set forth in clauses
(iii) and (iv) if the designated
organization files a petition for
revocation within the petition period
described in clause (ii).
``(ii) Petition period.--For purposes
of clause (i)--
``(I) if the designated
organization has not previously
filed a petition for revocation
under this subparagraph, the
petition period begins 2 years
after the date on which the
designation was made; or
``(II) if the designated
organization has previously
filed a petition for revocation
under this subparagraph, the
petition period begins 2 years
after the date of the
determination made under clause
(iv) on that petition.
``(iii) Procedures.--Any foreign
terrorist organization that submits a
petition for revocation under this
subparagraph must provide evidence in
that petition that the relevant
circumstances described in paragraph
(1) have changed in such a manner as to
warrant revocation with respect to the
organization.
``(iv) Determination.--
``(I) In general.--Not later
than 180 days after receiving a
petition for revocation
submitted under this
subparagraph, the Secretary
shall make a determination as
to such revocation.
``(II) Classified
information.--The Secretary may
consider classified information
in making a determination in
response to a petition for
revocation. Classified
information shall not be
subject to disclosure for such
time as it remains classified,
except that such information
may be disclosed to a court ex
parte and in camera for
purposes of judicial review
under subsection (c).
``(III) Publication of
determination.--A determination
made by the Secretary under
this clause shall be published
in the Federal Register.
``(IV) Procedures.--Any
revocation by the Secretary
shall be made in accordance
with paragraph (6).''; and
(3) by adding at the end the following:
``(C) Other review of designation.--
``(i) In general.--If in a 6-year
period no review has taken place under
subparagraph (B), the Secretary shall
review the designation of the foreign
terrorist organization in order to
determine whether such designation
should be revoked pursuant to paragraph
(6).
``(ii) Procedures.--If a review does
not take place pursuant to subparagraph
(B) in response to a petition for
revocation that is filed in accordance
with that subparagraph, then the review
shall be conducted pursuant to
procedures established by the
Secretary. The results of such review
and the applicable procedures shall not
be reviewable in any court.
``(iii) Publication of results of
review.--The Secretary shall publish
any determination made pursuant to this
subparagraph in the Federal
Register.''.
(b) Aliases.--Section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the following
new subsection (b):
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a
designation under this subsection if the Secretary
finds that the organization has changed its name,
adopted a new alias, dissolved and then reconstituted
itself under a different name or names, or merged with
another organization.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Subparagraphs (B)
and (C) of subsection (a)(2) shall apply to an amended
designation upon such publication. Paragraphs
(2)(A)(i), (4), (5), (6), (7), and (8) of subsection
(a) shall also apply to an amended designation.
``(3) Administrative record.--The administrative
record shall be corrected to include the amendments as
well as any additional relevant information that
supports those amendments.
``(4) Classified information.--The Secretary may
consider classified information in amending a
designation in accordance with this subsection.
Classified information shall not be subject to
disclosure for such time as it remains classified,
except that such information may be disclosed to a
court ex parte and in camera for purposes of judicial
review under subsection (c).''.
(c) Technical and Conforming Amendments.--Section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), by striking
``subsection (b)'' and inserting ``subsection
(c)'';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause
(i), by striking ``or a redesignation
made under paragraph (4)(B)'' and
inserting ``at any time, and shall
revoke a designation upon completion of
a review conducted pursuant to
subparagraphs (B) and (C) of paragraph
(4)''; and
(ii) in clause (i), by striking ``or
redesignation'';
(C) in paragraph (7), by striking ``, or the
revocation of a redesignation under paragraph
(6),''; and
(D) in paragraph (8)--
(i) by striking ``, or if a
redesignation under this subsection has
become effective under paragraph
(4)(B),''; and
(ii) by striking ``or
redesignation''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``of the
designation in the Federal Register,'' and all
that follows through ``review of the
designation'' and inserting ``in the Federal
Register of a designation, an amended
designation, or a determination in response to
a petition for revocation, the designated
organization may seek judicial review'';
(B) in paragraph (2), by inserting ``,
amended designation, or determination in
response to a petition for revocation'' after
``designation'';
(C) in paragraph (3), by inserting ``,
amended designation, or determination in
response to a petition for revocation'' after
``designation''; and
(D) in paragraph (4), by inserting ``,
amended designation, or determination in
response to a petition for revocation'' after
``designation'' each place that term appears.
(d) Savings Provision.--For purposes of applying section 219
of the Immigration and Nationality Act on or after the date of
enactment of this Act, the term ``designation'', as used in
that section, includes all redesignations made pursuant to
section 219(a)(4)(B) of the Immigration and Nationality Act (8
U.S.C. 1189(a)(4)(B)) prior to the date of enactment of this
Act, and such redesignations shall continue to be effective
until revoked as provided in paragraph (5) or (6) of section
219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
SEC. 702. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY REPORTS ON
TERRORISM OF INFORMATION ON TERRORIST GROUPS THAT
SEEK WEAPONS OF MASS DESTRUCTION AND GROUPS THAT
HAVE BEEN DESIGNATED AS FOREIGN TERRORIST
ORGANIZATIONS.
(a) Inclusion in Reports.--Section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``any terrorist group known
to have obtained or developed, or to have
attempted to obtain or develop, weapons of mass
destruction,'' after ``during the preceding
five years,''; and
(B) by inserting ``any group designated by
the Secretary as a foreign terrorist
organization under section 219 of the
Immigration and Nationality Act (8 U.S.C.
1189),'' after ``Export Administration Act of
1979,'';
(2) in subsection (b)(1)(C)(iii), by striking ``and''
at the end;
(3) in subsection (b)(1)(C)--
(A) by redesignating clause (iv) as clause
(v); and
(B) by inserting after clause (iii) the
following new clause:
``(iv) providing weapons of mass
destruction, or assistance in obtaining
or developing such weapons, to
terrorists or terrorist groups; and'';
and
(4) in subsection (b)(2)--
(A) by redesignating subparagraphs (C), (D),
and (E) as (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) efforts by those groups to obtain or
develop weapons of mass destruction;''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply beginning with the first report under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989 (22 U.S.C. 2656f), submitted more than one year after
the date of the enactment of this Act.
----------
3. An Amendment To Be Offered by Representativbe Boehlert of New York,
or His Designee, To Be Debatable for 20 Minutes
At the end of title III (page 11, after line 8), insert the
following new section:
SEC. 304. SENSE OF CONGRESS ON THE DISMANTLING AND REMOVAL OF LIBYA'S
WEAPONS OF MASS DESTRUCTION.
(a) Findings.--The Congress finds the following:
(1) Libya has been listed as a state sponsor of
terrorism by the Department of State each year since
1979.
(2) A German court found the Libyan Government guilty
of the East Berlin La Belle disco bombing of 1986, in
which two U.S. servicemen were killed.
(3) A Scottish court in January 2001 found a former
Libyan official guilty of the 1988 bombing of Pan Am
Flight 103.
(4) Libya received and deserved world's condemnations
for these horrific acts against innocents.
(5) In March 2003, while Coalition Forces were
preparing to liberate Iraq, Libya quietly approached
members of the intelligence services of the United
States and United Kingdom and indicated a willingness
to discuss Libya's weapons of mass destruction
programs.
(6) On December 19, 2003, after nine months of
intense negotiations, Libya publicly announced that it
was prepared to eliminate all elements of its
clandestine nuclear and chemical weapons programs.
(7) The United States, the United Kingdom, partners
in the Proliferation Security Initiative and key arms
control agencies, including the International Atomic
Energy Agency (IAEA) and the Organization for the
Prohibition of Chemical Weapons (OPCW), have worked in
a multilateral and concerted fashion with Libya in an
effort to completely dismantle Libya's weapons of mass
destruction programs and the means to deliver them.
(8) Because of the hard work by the men and women of
the intelligence community, United States policymakers
were able to work successfully to convince Libya to
relinquish its WMD programs.
(9) On January 27, 2004, a cargo plane flew from
Libya to Knoxville, Tennessee, carrying 55,000 pounds
of equipment and documents relating to Libya's nuclear
weapons and missile programs.
(10) Documents relating to those programs indicate
that Libya had purchased a virtual ``turnkey facility''
to produce parts for gas centrifuges together with
assistance to assemble and test these centrifuges, and
was otherwise attempting to develop a large uranium
enrichment plant which could have produced enough fuel
for several nuclear bombs a year.
(11) On January 24, 2004, Libya announced that it
would accede to the Chemical Weapons Convention (CWC).
(12) On March 4, 2004, Libya submitted its Chemical
Weapons Convention declaration, including a full
declaration of its chemical weapons, an inventory of
its production capacity, a description of any
industrial activity that could be involved in making
illegal weapons, and a plan for destroying any banned
materials.
(13) All of Libya's known chemical munitions have
since been destroyed and the country's stocks of
mustard gas have been consolidated within a single
secure facility under the supervision of the OPCW.
(14) On May 6, 2004, a cargo ship departed Libya for
the United States carrying an additional 1,000 tons of
weapons of mass destruction equipment, including
centrifuge parts and components needed to enrich
uranium, the Libyan uranium conversion facility and all
associated equipment, five SCUD-C missiles and
launchers, and two partial missiles.
(15) In testimony before the Committee on
International Relations of the House of Representatives
on May 10, 2004, Assistant Secretary of State for
Verification and Compliance, Paula DeSutter, indicated
that Libya had signed the additional protocol for the
IAEA in Vienna and announced ``the complete
dismantlement of Libya's longest range and most
sophisticated missiles and the elimination of all of
Libya's declared chemical munitions''.
(16) International inspectors and monitors are
expected to remain on the ground with full cooperation
from Libya to ensure that Libya possesses no biological
weapons programs and that its weapons of mass
destruction programs have been fully dismantled and or
converted to civilian use.
(17) The United States and Libya currently are
engaged in talks to enter a third phase of negotiations
focused on follow-up, verification, and long-term
monitoring to ensure that Libya's weapons of mass
destruction programs and the means to deliver them have
been completely dismantled, as well as plans for the
retraining of Libyan scientists and technicians for
peaceful work.
(18) Libya's cooperation with international
inspectors and revelations about procurement networks
have helped identify numerous black market suppliers in
an ``international supermarket'' for nuclear parts and
weapons designs that also has aided such countries as
Iran, Syria, and North Korea.
(19) Other countries voluntarily have dismantled
their weapons of mass destruction programs, but Libya
is the first and only country on the Department of
State's list of State Sponsors of Terrorism to do so.
(20) Libya's decision to shed it pariah status and
divest itself of its weapons of mass destruction
programs can be directly attributed to the demonstrated
resolve of the United States in the global war against
terrorism, the liberation of Iraq by United States
Armed Forces and Coalition Forces, and the adoption of
policies in targeting and seizing shipments of such
weapons.
(21) It is appropriate to pursue a policy of cautious
and deliberate re-engagement with Libya based upon
verifiable results, but the United States should not
restore full diplomatic relations with Libya unless and
until Libya has--
(A) agreed and submitted to comprehensive
monitoring of the full dismantling of its
weapons of mass destruction programs;
(B) severed all links to and support for acts
of international terrorism;
(C) ceased all support for insurgency groups
which have destabilized countries in Africa;
(D) demonstrated respect for human rights and
the rule of law;
(E) implemented its pledge to cooperate in
the further investigation of the destruction of
Pan Am Flight 103; and
(F) settled all legal claims relating to past
acts of international terrorism, including but
not limited to the bombings of Pan Am Flight
103 and the La Belle Discotheque.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the world has been made safer with the
dismantling and removal of Libya's weapons of mass
destruction and the means to deliver them;
(2) this would not have been possible if not for the
demonstrated resolve of the United States in the global
war on terror and in the liberation of Iraq by United
States and Coalition Forces;
(3) the President should be commended for having the
courage to undertake those policies which persuaded
Libya to agree to relinquish such weapons; and
(4) other countries such as Iran, Syria, and North
Korea, should follow Libya's example, and voluntarily
dismantle their weapons of mass destruction and submit
their programs to international inspections.
----------
4. An Amendment To Be Offered by Representative Sam Johnson of Texas,
or His Designee, To Be Debatable for 20 Minutes
At the end of title III (page 11, after line 8), insert the
following new section:
SEC. 304. SENSE OF CONGRESS THAT THE APPREHENSION, DETENTION, AND
INTERROGATION OF TERRORISTS ARE FUNDAMENTAL TO THE
SUCCESSFUL PROSECUTION OF THE GLOBAL WAR ON TERROR.
(a) Findings.--The Congress finds the following:
(1) Throughout the 1980s and 1990s, the people of the
United States were too often brutalized again and again
by deadly terrorist violence, as evidenced by the
hundreds of American deaths in the Beirut and Lockerbie
bombings, the attack on the World Trade Center in 1993,
the destruction of the Khobar Towers military barracks,
the bombing of the American embassies in Kenya and
Tanzania, and the vicious attacks on the USS Cole in
2000.
(2) The terrorist violence targeted against the
United States became more emboldened after each attack,
culminating in the deadly attacks on the World Trade
Center and the Pentagon on September 11, 2001, which
killed thousands of innocent Americans, including
innocent women and children.
(3) Since September 11, 2001, the citizens of the
United States have remained the priority target of
terrorist violence, with journalists and employees of
non-governmental organizations being held hostage,
tortured, and decapitated in the name of terror.
(4) Congress has authorized the President to use all
necessary and appropriate means to defeat terrorism;
and on numerous occasions since September 11, 2001, and
throughout the Global War on Terror, the interrogation
of detainees has yielded valuable intelligence that has
saved the lives of American military personnel and
American citizens at home and abroad.
(5) The interrogation of detainees has also provided
highly valuable insights into the structure of
terrorist organizations, their target selection
process, and the identities of key operational and
logistical personnel that were previously unknown to
the Intelligence Community.
(6) The lawful interrogation of detainees is
consistent with the United States Constitution.
(7) The abuses against detainees documented at Abu
Ghraib prison in Iraq were deplorable aberrations that
were not part of United States policy and were not in
keeping with the finest traditions of the United States
military and the honorable men and women who serve.
(8) The loss of interrogation-derived information
would have a disastrous effect on the Nation's
intelligence collection and counterterrorism efforts
and would constitute a damaging reversal in the Global
War on Terror during this critical time.
(9) The apprehension, detention, and interrogation of
terrorists are essential elements to successfully
waging the Global War on Terror.
(10) The interrogation of detainees can and should
continue by the United States within the bounds of the
United States Constitution and the laws of the United
States of America.
(b) Sense of Congress.--It is the sense of Congress that the
apprehension, detention, and interrogation of terrorists are
fundamental to the successful prosecution of the Global War on
Terror.
----------
5. An Amendment To Be Offered by Representative Rogers of Michigan, or
His Designee, To Be Debatable for 20 Minutes
At the end of title III (page 11, after line 8), insert the
following new section:
SEC. 304. SENSE OF CONGRESS ON SUPPORT FOR THE EFFORTS OF THE
INTELLIGENCE COMMUNITY.
(a) Findings.--The Congress finds the following:
(1) The men and women of the intelligence community
are the backbone of the Nation's efforts to gather and
collect the intelligence which is vital to the national
security of the United States.
(2) The men and women of the intelligence community
are great patriots who perform their jobs without fan
fair and all too often without receiving the proper
credit.
(3) The men and women of the intelligence community
are combating vastly different threats to the Nation's
security compared to their Cold War colleagues.
(4) Threats to the United States have evolved through
the use of technology and non-state actions, demanding
alternatives to traditional diplomatic actions.
(5) The 1995 ``Deutch Guidelines'' regarding the
recruitment of foreign assets impeded human
intelligence collection efforts and contributed to the
creation of a risk averse environment. Despite repeated
efforts by the intelligence oversight committees of
Congress to convince the Director of Central
Intelligence to drop the guidelines, these guidelines
stood until formally repealed in 2001 by an Act of
Congress.
(6) The President's budget request for the
intelligence community fell by 11 percent from 1993 to
1995.
(7) Congress cut the President's budget request for
the intelligence community each year from 1992 through
1994.
(8) The cutbacks in resources and political support
during the middle of the previous decade has caused
nearly irreversible damage.
(9) Widespread risk aversion in clandestine HUMINT
collection and intelligence analysis resulted from lack
of resources and, more importantly, of political
support for the mission during the middle of the
previous decade.
(10) Unnecessarily cumbersome legal impediments to
the clandestine HUMINT collection mission were raised
during the middle of the previous decade, leaving our
intelligence officers unable to penetrate legitimate
target organizations, such as terrorist groups.
(11) Congress and the current President have worked
cooperatively to restore funding, personnel levels, and
political support for intelligence.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the intelligence community should be revitalized
by investing in the missions, people, and capabilities
of the community; and
(2) the efforts of the men and women of the
intelligence community should be recognized and
commended.
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6. An Amendment To Be Offered by Representative Ackerman of New York,
or His Designee, To Be Debatable for 10 Minutes
At the end of title III, insert the following new section:
SEC. 304. REPORTS ON PAKISTANI EFFORTS TO CURB PROLIFERATION OF WEAPONS
OF MASS DESTRUCTION AND TO FIGHT TERRORISM.
(a) In General.--The Director of Central Intelligence shall
submit to the appropriate committees of Congress classified
reports on the following matters:
(1) The efforts by the Government of Pakistan, or
individuals or entities in Pakistan, to acquire or
transfer weapons of mass destruction and related
technologies, or missile equipment and technology, to
any other nation, entity, or individual.
(2) The steps taken by the Government of Pakistan to
combat proliferation of weapons of mass destruction and
related technologies.
(3) The steps taken by the Government of Pakistan to
safeguard nuclear weapons and related technologies in
the possession of the Government of Pakistan.
(4) The size of the stockpile of fissile material of
the Government of Pakistan and whether any additional
fissile material has been produced.
(5) The efforts by the Government of Pakistan to
fight Al Qaeda and the Taliban as well as to dismantle
terrorist networks operating inside of Pakistan.
(6) The efforts by the Government of Pakistan to
establish and strengthen democratic institutions in
Pakistan.
(b) Deadline for Submittal of Reports.--(1) The Director of
Central Intelligence shall submit the first report required
under subsection (a) not later than 90 days after the date of
the enactment of this Act.
(2) The Director shall submit subsequent reports required
under subsection (a) on April 1 of 2005, 2006, 2007, 2008, and
2009.
(c) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means the
following:
(A) The Committee on Appropriations, the
Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on
Foreign Relations of the Senate.
(B) The Committee on Appropriations, the
Committee on Armed Services, the Permanent
Select Committee on Intelligence, and the
Committee on International Relations of the
House of Representatives.
(2) Weapons of mass destruction.--The term ``weapons
of mass destruction'' has the meaning given such term
in section 1403(1) of the Defense Against Weapons of
Mass Destruction Act of 1996. (Public Law 104-201).
(3) Missile equipment and technology.--The term
``missile equipment and technology'' has the meaning
given such term in section 74(a)(5) of the Arms Export
Control Act (22 U.S.C. 2797c(a)(5)).
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7. An Amendment To Be Offered By Representative Shays of Connecticut,
or His Designee, To Be Debatable for 20 Minutes
At the end of title III (page 11, after line 8), insert the
following new section:
SEC. 304. SENSE OF CONGRESS.
It is the Sense of Congress that the head of each element of
the intelligence community, including the Central Intelligence
Agency, the Federal Bureau of Investigation, and the
intelligence elements of the Department of Defense, the
Department of State, and the Department of the Treasury should
make available upon a request from a committee of Congress with
jurisdiction over matters relating to the Office of the Iraq
Oil-for-Food Program of the United Nations, any information and
documents in the possession or control of such element in
connection with any investigation of that Office by such a
committee.
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8. An Amendment To Be Offered by Representative Kucinich of Ohio, or
His Designee, To Be Debatable for 10 Minutes
At the end of title III (page 11, after line 8), insert the
following new section:
SEC. 304. INSPECTOR GENERAL REPORT ON EVIDENCE OF RELATIONSHIP BETWEEN
SADDAM HUSSEIN AND AL-QAEDA.
(a) Audit.--The Inspector General of the Central Intelligence
Agency shall conduct an audit of the evidence of any
relationship, existing before September 11, 2001, between the
regime of Saddam Hussein and al-Qaeda, referenced in all
intelligence reporting of the Central Intelligence Agency,
including products, briefings and memoranda, distributed to the
White House and Congress.
(b) Report to Congress.--Not later than one year after the
date of the enactment of this Act, the Inspector General shall
submit to Congress a report on the audit conducted under
subsection (a).
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9. An Amendment To Be Offered by Representative Simmons of Connecticut,
or His Designee, To Be Debatable for 10 Minutes
At the end of title III (page 11, after line 8), insert the
following new section:
SEC. 304. REPORT ON USE OF OPEN SOURCE INTELLIGENCE.
Not later than 6 months after the date of the enactment of
this Act, the Director of Central Intelligence shall submit to
Congress an unclassified report on progress made by the
intelligence community with respect to the use of Open Source
Intelligence (OSINT).
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10. An Amendment To Be Offered by Representative Reyes of Texas, or His
Designee, To Be Debatable for 20 Minutes
At the end of title III, insert the following new section:
SEC. 304. REQUIREMENT FOR IMMEDIATE SUBMITTAL OF DOCUMENTS RELATING TO
DETAINEES OF THE UNITED STATES.
(a) Withholding of 25 Percent of Funding for Certain
Programs.--25 percent of amounts otherwise available to carry
out the functions or duties under the following programs may
not be obligated or expended until the date on which all of the
documents described in subsection (b) are submitted to the
appropriate congressional committees:
(1) The Central Intelligence Agency Program.
(2) The Army Tactical Intelligence and Related
Activities Program.
(3) The General Defense Intelligence Program.
(4) The Joint Military Intelligence Program.
(b) Documents Described.--The documents referred to in
subsection (a) are all documents, including reports,
correspondence, legal memoranda, and electronic communications
related to the handling and treatment of detainees under the
custody and control of the United States or individuals held on
behalf of the United States in Iraq, Afghanistan, Guantanamo
Bay, Cuba, and elsewhere.
(c) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means the
following:
(1) The Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate.
(2) The Permanent Select Committee on Intelligence,
the Committee on Armed Services, and the Committee on
Appropriations of the House of Representatives.