INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
(House of Representatives - May 07, 1998)
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
Mr. GOSS. Mr. Speaker, by direction of the Committee on Rules, I call
up House Resolution 420 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 420
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (
H.R. 3694) to authorize appropriations for fiscal
year 1999 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. The
first reading of the bill shall be dispensed with. Points of
order against consideration of the bill for failure to comply
with clause 2(l)(6) of rule XI are waived. General debate
shall be confined to the bill and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Permanent Select Committee on
Intelligence. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Permanent Select
Committee on Intelligence now printed in the bill, modified
by striking section 401 (and redesignating succeeding
sections accordingly). That amendment in the nature of a
substitute shall be considered by title rather than by
section. Each title shall be considered as read. Points of
order against that amendment in the nature of a substitute
for failure to comply with clause 7 of rule XVI or clause
5(b) of rule XXI are waived. No amendment to that amendment
in the nature of a substitute shall be in order unless
printed in the portion of the Congressional Record designated
for that purpose in clause 6 of rule XXIII. Printed
amendments shall be considered as read. The chairman of the
Committee of the Whole may: (1) postpone until a time during
further consideration in the Committee of the Whole a request
for a recorded vote on any amendment; and (2) reduce to five
minutes the minimum time for electronic voting on any
postponed question that follows another electronic vote
without intervening business, provided that the minimum time
for electronic voting on the first in any series of questions
shall be 15 minutes. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or the amendment in the nature of a substitute made in
order as original text. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
The SPEAKER pro tempore. The gentleman from Florida (Mr. Goss) is
recognized for 1 hour.
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Mr. GOSS. Mr. Speaker, for the purposes of debate only, I yield the
customary 30 minutes to my friend, the gentlewoman from New York (Ms.
Slaughter), pending which I yield myself such time as I may consume.
During consideration of this resolution, all time yielded is for the
purpose of debate only.
Mr. Speaker,
H. Res. 420 is a modified open rule providing for the
consideration of
H.R. 3694, the Fiscal Year 1999 Intelligence
Authorization Act. What makes this rule modified open instead of fully
open is a preprinting requirement for amendments, whose purpose is to
ensure that the Permanent Select Committee on Intelligence has an
opportunity to work with Members seeking to offer germane amendments to
ensure that important issues are addressed without threatening
disclosure of sensitive, classified information. This preprinting
requirement has become standard procedure for consideration of the
annual intelligence authorization and has not been controversial.
Because the leadership sought to have this bill on the floor today,
the rule also includes a waiver of points of order against the
consideration of the bill for failure to comply with the clause 2(1)(6)
of rule XI, which requires a three-day layover of a committee report.
The committee's report was properly filed on Tuesday of this week,
and Members have had notice of availability of classified portions of
the authorization measure since late last week when public
announcements were, indeed, made from the floor.
It is my understanding that there is no objection to this slight
speeding up of the schedule to accommodate changes stemming from the
unrelated scheduling matters and to accommodate Members' travel plans.
The rule provides for 1 hour of general debate on the bill, time
equally divided between the chairman and ranking member of the
Permanent Select Committee on Intelligence.
In addition, the rule makes in order as an original bill for the
purpose of an amendment the committee amendment in the nature of a
substitute now printed in the bill, modified by striking section 401 of
the bill.
That modification, a self-executing change accomplished through the
rule, is designed to addressed a Budget Act technicality relating to a
provision of the bill extending the early-out retirement program for
the CIA.
We were advised that, due to the fact that we still await this year's
budget resolution, the early-out provision found in title IV of the
bill causes a Budget Act problem, and so the provision is being removed
from the bill with the understanding that the substance of the issue
will be addressed at a later stage of legislative process of
H.R. 3694.
{time} 1200
The rule further provides that the amendment in the nature of a
substitute shall be considered by title and that each title shall be
considered as read.
The rule also waives points of order against the committee amendment
for failure to comply with clause 7 of rule XVI prohibiting nongermane
amendments or clause 5(b) of rule XXI, prohibiting tax or tariff
provisions in a bill not reported by a committee with jurisdiction over
revenue measures. Both of these waivers apply to a section of
H.R. 3694
regarding the application of sanctions laws to intelligence activities
in title III of the bill. That provision is nongermane to the
introduced version of
H.R. 3694, and it deals with subject matter
falling within the jurisdiction of the Committee on Ways and Means.
Based on an exchange of letters between the two committees, there is
no controversy on this matter. However, these waivers are necessary
under the rules of the House. And during general debate, I will
introduce into the Record that correspondence between the two
committees.
I would also point out for the record the Committee on National
Security has, by letter, discharged itself from consideration of the
matters in this bill that fall within its purview.
Mr. Speaker, the rule permits the Chairman of the Committee of the
Whole to postpone the vote on any amendment and reduce voting time to 5
minutes on any series of questions provided that the first vote shall
not be less than 15 minutes.
Finally, the rule provides for the traditional motion to recommit
with or without instructions.
Mr. Speaker, that was a long explanation of a rule that is, in fact,
straightforward, simple, and traditional for this piece of legislation.
I know of no controversy about this rule. I urge Members to support
this rule.
Mr. Speaker, I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I thank the gentleman from Florida for
yielding to me the customary 30 minutes, and I yield myself such time
as I may consume.
(Ms. SLAUGHTER asked and was given permission to revise and extend
her remarks.)
Ms. SLAUGHTER. Mr. Speaker, I do not oppose this rule. It allows
amendments that are germane to be offered. However,
H. Res. 420 does
include one waiver of a House rule that troubles me. The rule waives
clause 2(L)(6) of rule XI that provides for a 3-day layover of the
committee report accompanying the bill.
This House rule allows Members time to study the report and decide
whether they would like to offer or support amendments. The 3-day
opportunity to study the bill and report is particularly important in
this case because many provisions of the intelligence bills are
classified and, if a Member wishes to review those portions, a Member
must make arrangements with the Permanent Select Committee on
Intelligence. To cut short the standard review time under these
circumstances is unfortunate.
And while I understand that the majority and the minority on the
Permanent Select Committee on Intelligence had no objection to the
waiver, we should note that it is not the committee's rights but the
rights of Members not on the committee that the House rule is designed
to protect.
The gentleman from Florida (Mr. Goss), the chairman of the committee,
is to be commended for avoiding the need for waiver of the Budget Act
by self-executing in this rule an amendment striking the offending
section of the bill.
The Permanent Select Committee on Intelligence also worked with the
Committee on Ways and Means to gain its acquiescence to a violation of
a House rule designed to protect the jurisdiction of the Committee on
Ways and Means.
While I often question the need for a requirement for preprinting in
the Congressional Record, the sensitivity and the complexity of the
intelligence authorization bill justifies the requirement in this case.
Mr. Speaker, this rule allows the full House to consider germane
amendments offered by any Member. Under the rule, the House will be
able to debate important questions, such as whether to reduce the
overall size of the intelligence budget.
Mr. Speaker, I yield 3 minutes to the gentleman from Vermont (Mr.
Sanders).
Mr. SANDERS. Mr. Speaker, I thank the gentlewoman for yielding me
this time, and I rise in support of the rule.
I think it is a fair rule. Among other things, it, in fact, allows
this Congress to begin debating major priorities as to whether or not
we are going to increase spending for the intelligence budget, despite
the end of the Cold War and despite the fact that while we increase
funding for the intelligence budget, we have cut spending in Medicare
for our senior citizens, cut spending for veterans' programs, cut
spending in a dozen different areas that the middle-class and low-
income people of this country need.
So I applaud the chairman for bringing forth this rule. It is a fair
rule and it is going to allow us to have a serious debate on what we
want this Congress to be doing for the American people.
Ms. SLAUGHTER. Mr. Speaker, I yield back the balance of my time.
Mr. GOSS. Mr. Speaker, I yield myself such time as I may consume to
address the concerns of the gentlewoman from New York about the notice
given and accommodating Members' schedules today.
I am happy to report that several Members did take advantage of the
opportunity to come to the Permanent Select Committee on Intelligence
and participate in review of materials that were of interest to them.
So I think the
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word has gotten out and I think we have done our job properly.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore (Mr. Duncan). Pursuant to House Resolution
420 and rule XXIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the consideration of the
bill,
H.R. 3694.
{time} 1205
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration the bill
(
H.R. 3694) to authorize appropriations for fiscal year 1999 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 (Mr. Thornberry) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Florida (Mr. Goss) and the
gentleman from Washington (Mr. Dicks) each will control 30 minutes.
The Chair recognizes the gentleman from Florida (Mr. Goss).
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am pleased to bring the fiscal year 1999 intelligence
authorization to the floor today. As a strong believer in the
congressional oversight process, I hope Members have taken the
opportunity to examine this year's bill, including its classified annex
and, indeed, I know several Members have come upstairs to do just that.
The annual intelligence authorization, and its exhaustive review of
intelligence activities and capabilities that accompanies it, form the
cornerstone of our oversight process. This is truly a valuable exercise
for the Permanent Select Committee on Intelligence, for Congress as a
whole, and I think it is beneficial to the intelligence community as
well.
I want to take this opportunity to thank the members and staff of the
Permanent Select Committee on Intelligence from both sides of the aisle
whose hard work and long hours have enabled us to produce a
responsible, nonpartisan bill that was unanimously approved in
committee.
I would also like to thank the gentleman from South Carolina (Mr.
Floyd Spence), chairman of the Committee on National Security, and the
gentleman from Florida (Mr. Bill Young), chairman of the Subcommittee
on National Security of the Committee on Appropriations, for their
input and able assistance with this legislation.
H.R. 3694 authorizes funds for the fiscal year 1999 intelligence and
intelligence-related activities of the United States Government. That
is a big order. The National Security Act requires Congress
specifically to authorize all intelligence spending. That is unique.
As Members are aware, many of the details of the intelligence budget
are classified, including the total fiscal year 1999 budget request, or
top line. I can say, however, that
H.R. 3694's top line is
substantially in line with the President's request. The committee came
in a mere one-tenth of 1 percent above the President's level.
I would like to take a moment to explain the process by which the
committee arrived at this recommended spending level. What we did not
do was adopt an arbitrary number and fill in the blanks until we
reached our goal. Instead, the Permanent Select Committee on
Intelligence looked at each line of every program, examined its
effectiveness and how it fit in with the overall U.S. intelligence
requirements and priorities in today's world. Then we made our
decisions based on the merit and value of each program.
Mr. Chairman, throughout the committee's review of U.S. intelligence
capabilities, whether we were looking at satellite reconnaissance or
human intelligence, one fact stood out. The threats that face our
Nation demand that the intelligence community maintain a worldwide
vigilance and the resources to deal with a multitude of challenges and
new challenges.
The Cold War is over and the threat of nuclear war has been reduced.
Or has it? Unfortunately, the world still is a dangerous place for the
United States and its citizens, as we read in papers almost daily about
concerns about political stability in places like Russia, the chain of
command in Russia over the nuclear weapons, or perhaps even the Chinese
intercontinental ballistic missiles which we read in the newspapers are
targeted against U.S. cities, what they call city-buster bombs and an
ICBM capability.
To demonstrate this, we need look no further than our continuing
struggles with Iraq. Earlier this year the United States came to the
brink of military confrontation with Saddam Hussein; yet we did so
without all of the information necessary to support a serious campaign.
There were serious shortfalls in our ability to support policymakers
and military commanders at this critical time. Such gaps endanger U.S.
lives and interests and are not acceptable, tolerable, or necessary in
today's world.
We should not ignore Iraq or Iran or Libya or North Korea or other
rogue nations that are striving for and, in many cases achieving, the
means to threaten the United States. The risk that a terrorist group or
a rogue country will use a chemical, biological, or nuclear weapon
against the U.S. or an American citizen or American interests here or
abroad is increasing. Despite this fact, U.S. intelligence capabilities
have dwindled since the end of the Cold War. In effect, we are asking
the intelligence community for more and we are giving them less to do
it. And we are counting on them more.
The intelligence community needs to change the way it does business
to address these new threats. This year's authorization identifies five
areas that deserve particular attention.
One, our signals intelligence capabilities are in serious need of
modernization to keep up with the fast pace of communications and
technology improvement. I think it is fair to say that the golden days
of SIGINT may, in fact, be behind us, and we have been enjoying the
benefits of a very good SIGINT activity for many years. That may be
over because of technology. We need to deal with that.
Two, our clandestine espionage, or human intelligence as it is
called, that infrastructure needs to be rebuilt and refocused on
current priorities. It is fair to say, I think, that the cupboard is
nearly bare in the area of HUMINT. We are badly outnumbered by hostiles
in a lot of dangerous places in the world. That is intolerable,
unacceptable, and unnecessary.
The intelligence community needs to increase its analytical
capability in order to absorb and accurately gauge the immediate and
long-term implications of an ever-increasing volume of information. We
have stuff on hand we have not reviewed. We have not exploited it. And
it is stuff that would be useful to our decision-makers. We do not have
as much analytical capacity as we need. That can be fixed.
Covert action capabilities need to be restructured. I said
capabilities. Nobody is calling for covert action. We are calling for
more arrows in the quiver in case we do need it to suit the needs of
today's world and how to deal with problems we come against.
Fifth, and last, we need to ensure we maintain an active research and
development program in all intelligence areas.
H.R. 3694 addresses each of these priorities, in some cases by
providing additional funding; in others by redirecting existing
programs, resources, or restructuring ongoing programs.
In addition, the committee's review raised some fundamental questions
that the committee will review over the coming year. These include,
what are the proper priorities for our future overheads systems? How
can we manage the cost of a national reconnaissance program and yet
meet other critical requirements? Is the intelligence community
striking the right balance between our capacity to collect intelligence
and our capacity to analyze what is collected? Is the intelligence
community prepared to face the challenges of information and
operations, or cyber-warfare?
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The future of our intelligence programs depends on finding the
answers to these and other questions. But for today, today we
understand very well our needs. We have provided for them in this
legislation. I think we have achieved an excellent balance. Mr.
Chairman, I urge all members to support
H.R. 3694 today.
Mr. Chairman, I submit the following:
House of Representatives,
Committee on Ways and Means,
Washington, DC, May 4, 1998.
Hon. Porter Goss,
Chairman, House Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Porter: I am writing in response to your letter of
April 29, 1998, which addresses
H.R. 3694, as reported by the
House Committee on Intelligence (Permanent Select) on April
29, 1998.
H.R. 3694 would amend Section 905 of the National
Security Act of 1947 by striking out ``January 6, 1998'' and
inserting in lieu thereof ``January 6, 1999''. The bill
contains an extension of application of sanctions laws to
intelligence activities.
As your letter notes, this provision falls within the
jurisdiction of the Committee on Ways and Means. Accordingly,
the Committee would ordinarily meet to consider the bill.
However, because the bill, as reported, extends for one year
an already existing application of sanctions laws to
intelligence activities, I do not believe that a markup of
the bill is necessary.
I appreciate your consultation with the Committee in
advance. I request your full support in joining me to prevent
any other expansion or changes to the application of
sanctions laws for intelligence activities other than the one
year extension agreed to here. I would further appreciate
your consultation with respect to this provision on any
future Intelligence Authorization bills, including a mere
reauthorization for additional periods of time. Of course, if
an agreement cannot be reached, the provision would be
subject to a point of order pursuant to Clause 5(b) of House
Rule XXI.
I would ask that a copy of our exchange of letters on this
matter be included in the record during floor consideration.
Thank you for your cooperation and assistance on this
matter. With best personal regards,
Sincerely,
Bill Archer,
Chairman.
____
House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, April 28, 1998.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
Longworth House Office Building, Washington, DC.
Dear Bill: I am writing to you concerning the planned
inclusion of a provision in the ``Intelligence Authorization
Act for Fiscal year 1999'' (
H.R. 3694), which we expect to
mark up on Wednesday, April 29, 1998, and report to the House
early next week. I have included a copy of the proposed
section for your consideration.
As you know, this provision relates to the application of
sanctions laws to intelligence activities and simply extends
the life of the provision for one additional year. As you
will recall during last year's consideration of the
Intelligence Authorization Act for Fiscal Year 1998, and
based upon our mutual understanding and agreement as to your
Committee's jurisdiction over matters relating to taxes and
tariffs, this provision was included in the Authorization Act
for Fiscal Year 1998 as section 304 of that Act. A copy of
that provision, as enacted (P.L. 105-107), is also included
for your review.
I hope that we can, consistent with the agreement reached
last year, once again agree that this provision may be
included in
H.R. 3694, and any resulting Conference Report,
without objection from the Committee on Ways and Means.
There is no doubt that this provision falls squarely within
the scope of Clause 5(b) of House Rule XXI, which provides
that no tax or tariff provision may be considered by the
House that has not been considered by the Committee on Ways
and Means.
This provision is of critical importance to the protection
of intelligence sources and methods whenever a proliferation
violation has been identified and sanctions are deemed to be
the appropriate method of discipline. This provision supplies
the President with the necessary flexibility to address the
competing interests of punishing the violators and protecting
our national security interests at the same time. I
appreciate your recognition of this important aspect of this
section of our bill.
I would also offer that any modification of this provision
in future Intelligence Authorization bills, beyond a mere
reauthorization for additional periods of time, will be
subject to consultation between our Committees, and, if
agreement cannot be reached, subject to points of order
pursaunt to Clause 5(b) of House Rule XXI.
Thank you for your cooperation in this regard and I look
forward to your support for
H.R. 3694.
With all best wishes, I remain
Sincerely yours,
Porter J. Goss,
Chairman.
____
``(b) Benefits, Allowances, Travel, Incentives.--An
employee detailed under subsection (a) may be authorized any
benefit, allowance, travel, or incentive otherwise provided
to enhance staffing by the organization from which the
employee is detailed.
``(c) Annual Report.--Not later than March 1, 1999, and
annually thereafter, the Director of Central Intelligence
shall submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate a report describing
the detail of intelligence community personnel pursuant to
subsection (a) during the 12-month period ending on the date
of the report. The report shall set forth the number of
personnel detailed, the identity of parent and host agencies
or elements, and an analysis of the benefits of the
details.''.
(b) Technical Amendment.--Sections 120, 121, and 110 of the
National Security Act of 1947 are hereby redesignated as
sections 110, 111, and 112, respectively.
(c) Clerical Amendment.--The table of contents in the first
section of such Act is amended by striking out the items
relating to sections 120, 121, and 110 and inserting in lieu
thereof the following:
``Sec. 110. National mission of National Imagery and Mapping Agency.
``Sec. 111. Collection tasking authority.
``Sec. 112. Restrictions on intelligence sharing with the United
Nations.
``Sec. 113. Detail of intelligence community personnel--intelligence
community assignment program.''.
(d) Effective Date.--The amendment made by subsection (a)
shall apply to an employee on detail on or after January 1,
1997.
SEC. 304. EXTENSION OF APPLICATION OF SANCTIONS LAWS TO
INTELLIGENCE ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C.
441d) is amended by striking out ``January 6, 1998'' and
inserting in lieu thereof ``January 6, 1999''.
SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the national
security interests of the United States and consistent with
operational and security concerns related to the conduct of
intelligence activities, and where fiscally sound, should
competitively award contracts in a manner that maximizes the
procurement of products properly designated as having been
made in the United States.
SEC. 306. SENSE OF CONGRESS ON RECEIPT OF CLASSIFIED
INFORMATION.
It is the sense of Congress that Members of Congress have
equal standing with officials of the Executive Branch to
receive classified information so that Congress may carry out
its oversight responsibilities under the Constitution.
SEC. 307. PROVISION OF INFORMATION ON CERTAIN VIOLENT CRIMES
ABROAD TO VICTIMS AND VICTIMS' FAMILIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national interests of the United States to
provide information regarding the killing, abduction,
torture,
____
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking out the following item:
``Assistant Directors of Central Intelligence (3).''.
(b) Expansion of Duties of Deputy Director of Central
Intelligence for Community Management.--Subsection 102(d)(2)
of the National Security Act of 1947 (50 U.S.C. 403(d)(2)) is
amended by striking out subparagraph (B) through (D) and
inserting in lieu thereof the following new subparagraphs:
``(B) Carrying out the responsibilities of the Director
under paragraphs (1) through (5) of section 103(c).
``(C) Carrying out such other responsibilities as the
Director may direct.''.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C.
441d) is amended by striking out ``January 6, 1999'' and
inserting in lieu thereof ``January 6, 2000.''.
SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible
Mr. Chairman, I reserve the balance of my time.
Mr. DICKS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the Permanent Select Committee on Intelligence strives
to report an authorization bill each year which is free of partisan
division. While we have been generally successful in that effort, from
time to time we have been divided on significant issues of substance.
This year, I am pleased to report that we have produced legislation
which is not only bipartisan but without major substantive disagreement
as well.
{time} 1215
Credit for that result goes to the gentleman from Florida (Mr. Goss)
who has worked tirelessly to ensure that the views of all Members are
reflected
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in the work of the committee. I commend him for the leadership he has
exhibited as chairman and for his willingness to work with committee
Democrats on matters of importance to us.
For two of the Democratic Members, the gentleman from Colorado (Mr.
Skaggs) and the gentlewoman from California (Ms. Harman), this will be
the final intelligence authorization bill they will bring to the floor.
Although I look forward to working with them to get a conference report
enacted, I want to thank them for their many contributions to the work
of the committee.
The willingness of the gentleman from Colorado (Mr. Skaggs) to tackle
issues like declassification and the need to make greater use of
intelligence in nontraditional ways has been invaluable. And the
efforts of the gentlewoman from California (Ms. Harman) to encourage
development of the complex systems through which intelligence will be
collected in the future were also of great assistance.
This will be my last authorization bill, as well. I have enjoyed my 8
years of service on the committee and look forward to keeping up with
intelligence issues when they come before the Committee on
Appropriations. I have been impressed tremendously by not only the
importance of intelligence to our Nation's security, but by the
dedication, often under circumstances of great hardship and danger, of
the men and women who work in our intelligence agencies.
The authorization bill for fiscal year 1999 will make improvements in
intelligence capabilities that need to be modernized either because of
technological advances or because they require greater emphasis to
respond to changing threats. The bill is only marginally more, in the
aggregate 0.1 percent, than the amount requested by the President.
Although the committee chose to place a different spending priority on
certain items than did the administration, I do not believe that we
have done harm to any initiative or activity which the Director of
Central Intelligence or the Secretary of Defense consider crucial.
Generating public support for spending on intelligence programs,
given their classified nature, is never going to be easy. Although it
should be common sense that the possession of information in advance
about the military plans of an enemy, the bottom-line position of
another government in a diplomatic negotiation, the location of a
terrorist cell, or the scientific and technical capability of someone
trying to develop a weapon of mass destruction should be invaluable, we
sometimes forget that the acquisition of access to that kind of
information is time consuming and expensive. I do not believe we need
to justify intelligence spending on the basis of some esoteric
calculation about whether our national security is more or less at risk
than when the Soviet Union was in place.
We will always have threats to our security. Some will be
predictable, some will not. Dealing with them requires accurate and
timely information, some of which can be provided only by intelligence
agencies. There is a cost to maintaining the capability to provide that
information when required, and that cost is significant. The cost if
the information is not available, however, is potentially far greater.
Our job on the committee is to ensure that the means necessary to
provide intelligence on matters which demonstrably affect national
security are available at a cost which is not excessive relative to
their importance. I believe the 21-year record of the committee in this
effort, including the bill now before the House, has been exceptional.
Besides recommending spending levels, an authorization bill and
accompanying report also make judgments about the manner in which
programs are being managed. I believe that one of the chief
responsibilities of an oversight committee is to monitor the activities
of the agencies under its jurisdiction in a manner which is both
aggressive and thorough. I also believe that oversight should be
constructive and fair. I am concerned about the tone of some of the
recent criticism of the work of two agencies, the National
Reconnaissance Office, (NRO), and the National Imagery and Mapping
Agency (NIMA).
The United States has an intelligence capability second to none in
the world. Much of that preeminence is due to the performance of the
systems acquired and operated by the NRO. These systems are
extraordinarily complex and expensive. We are now in the midst of an
effort to modernize these systems. When the need for modernization was
made clear several years ago by then-Director of Central Intelligence
Jim Woolsey, and Congress agreed to embark on a plan to accomplish it,
it was with the understanding that substantial amounts of money would
have to be expended in the short term to produce savings in the future.
We have spent much of the intervening years altering in sometimes
significant ways the components of the plan, which has added to the
costs that have to be met in the near term and delayed the realization
of the expected long-term savings as well. It is disingenuous to have
been a part of this practice and then to complain about the effects it
has produced on the NRO's budget.
NIMA is a new agency created less than 2 years ago through the merger
of the Defense Mapping Agency and the imagery analysis elements of the
CIA and DIA. Like most mergers, this one, which I strongly supported
was not without problems, but I believe that NIMA personnel are
committed to having the agency fulfill its important mission
successfully.
Earlier this year I wrote to NIMA's customers to ask for an
evaluation of their performance. Secretary of Commerce Daley responded
that ``After working through some initial confusion regarding authority
and responsibility for certain products and services, support to
civilian agencies is now better than before the individual components
were combined into NIMA.''
James L. Witt, the Director of the Federal Emergency Management
Agency, wrote, ``The support and service provided by NIMA to support
disaster response activities have been and continue to be
outstanding.'' Sandy Berger, the President's National Security Advisor,
complimented NIMA on making a strong effort to provide high-quality
analysis and pronounced himself ``generally satisfied'' with the
results.
I do not believe that these comments reflect an agency that is
failing to do its job or one that is ignoring the needs of nonmilitary
consumers to concentrate on those of the military, as some had feared.
Any enterprise involving human beings can be made better, but I think
it is not helpful to make final judgments, pro or con, about an agency
in its infancy. I offer these thoughts in the hope that they will
provide perspective in evaluating the performance of the NRO and NIMA
in the days ahead.
Mr. Chairman,
H.R. 3694 is a good bill which will advance the
interest of military and civilian consumers of intelligence. I urge
that it be approved by the House.
I would also like to compliment both the majority staff and the
Democratic minority staff. I think this committee has been blessed over
the years with an outstanding staff. And I want to particularly thank
Mike Sheehy and the Democratic staff members whom I have had the
privilege of working with for the last 4 years.
Mr. Chairman, I reserve the balance of my time.
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
I simply want to say that I am very proud to have worked with and
learned from the gentleman from Washington (Mr. Dicks) as the ranking
member. He has been an extraordinary asset of the United States of
America in his capacity as a manager of the portfolio. He brings
wisdom, judgment and knowledge about military intelligence and
equipment to the table in our committee to the extent that I think no
other member has or can at this time. I hope he is not going to leave.
But if it turns out that way, we will miss him.
I also hope we are not going to lose anybody else. And for the
gentleman from Colorado (Mr. Skaggs) and the gentlewoman from
California (Ms. Harman), I share that view with all the other members.
I happen to feel that we have got an extraordinary committee and staff,
we are doing our job timely and well.
Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from New York
(Mr. Boehlert) to allow him to demonstrate what I have just said.
[[Page
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(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Chairman, we find ourselves in both a fiscal and
political environment in which we simply cannot fund every system and
program we would like. This applies whether intelligence or not
intelligence.
However, it is important for the American people to understand just
how critical intelligence is to the very survival of our Nation and our
way of life. On the way over to the Capitol this morning, I heard a
radio announcer refer to this bill as ``the bill to authorize America's
cloak-and-dagger operation.'' That sort of a label is correct in a way,
but unfortuantely, I believe it unintentionally misrepresents what this
bill is all about.
What this bill is about is the wise and prudent funding and oversight
of those intelligence collection analysis and dissemination function
necessary to provide for the security of our Nation, its interests, and
its citizens around the world. We are talking about what I refer to as
``counterprograms.'' We are not engaged in a world war, but we have
some very important counterprograms, counterterrorism,
counternarcotics, counterproliferation. These are all very important
activities, and this bill funds them.
Mr. Chairman, I would like to point out a couple of funcational
intelligence areas of particular interest in this bill. The first is
the emphasis this bill places on rebuilding leading-edge technology,
research and development. It is the basic research and development of
new technologies that are the easiest to cut in lean fiscal times. But
it is precisely these efforts that our future depends on and that we
must pay particular attention to and fund properly.
This bill puts great emphasis on future capabilities, albeit
sometimes imprudently at the expense of older so-called legacy systems.
Also, this bill emphasizes the need for a strong, well-trained and
funded reserve intelligence component.
Mr. Chairman, there are a lot of things I could say about this bill,
and I do not have the time to say them. Just let me say that as someone
who tried to be very attentive to my important responsibilities on this
committee, I admire the way the chairman and ranking member have worked
cooperatively. I admire the seriousness of purpose of all of the
members. I admire the product that we are producing, and I commend it
to the attention of all my colleagues and the American people.
We are doing the people's business in a wise and prudent manner.
Mr. DICKS. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Pelosi).
Ms. PELOSI. Mr. Chairman, I thank the distinguished gentleman from
Washington (Mr. Dicks), the ranking member, for yielding this time to
me and for his leadership on this important committee.
I rise, Mr. Chairman, to engage the gentleman from Florida (Mr.
Goss), the distinguished chair of the Permanent Select Committee on
Intelligence, in a colloquy concerning section 303 of the bill.
Before doing so, I want to commend our chairman for his leadership
also and to thank him for including full funding for the environmental
program in this legislation before us today, the recognition that new
issues need to be addressed, not that the environment is a new issue,
but new compared to its being a priority on the Permanent Select
Committee on Intelligence and in the intelligence authorization bill.
In any event, I rise to engage the gentleman in a colloquy.
As the chairman knows, this section of the bill extends for 1 year
the authority of the President to delay the imposition of a sanction
upon a determination that to proceed with the sanction would risk the
compromise of an ongoing criminal investigation or an intelligence
source or method.
My first question, Mr. Chairman, is whether the legislative history
of this provision, enacted in 1995, would be applicable to the
extension of the authority for 1 more year?
Mr. GOSS. Mr. Chairman, will the gentlewoman yield?
Ms. PELOSI. I yield to the gentleman from Florida.
Mr. GOSS. I would assure the gentlewoman from California that is the
intent of the committee, that the legislative history of this
provision, as it was developed in the debate in 1995, is applicable to
the exercise of this authority. Indeed, the report to accompany
H.R.
3694 reaffirms the joint explanatory statement of the committee of
conference on the Intelligence Authorization Act of Fiscal Year 1996 to
make completely clear that the original legislative history of this
provision continues to govern its implementation.
Ms. PELOSI. Mr. Chairman, is it then the case that the committee
intends that the provision will be narrowly construed and used only in
the most serious of circumstances when a specific sensitive
intelligence source or method or criminal investigation is at risk?
Mr. GOSS. If the gentlewoman would further yield, that is certainly
the intent of the committee.
Ms. PELOSI. Is it also the case that the law requires the
intelligence source or method or law enforcement matter in question
must be related to the activities giving rise to the sanction and the
provision is not to be used to protect generic or speculative
intelligence or law enforcement concerns?
Mr. GOSS. That is also the case.
Ms. PELOSI. Finally, Mr. Chairman, does the committee expect that
reports concerning a decision to stay the imposition of a sanction
shall include a determination that the delay in the imposition of a
sanction will not be seriously prejudicial to the achievement of the
United States' nonproliferation objectives or significantly increase
the threat or risk to U.S. military forces?
Mr. GOSS. Yes, it does.
Ms. PELOSI. Mr. Chairman, I thank the distinguished chairman of our
committee for engaging in this colloquy and for his confirmation of the
understanding that we had when this provision was first enacted.
Mr. DICKS. Mr. Chairman, will the gentlewoman yield?
Ms. PELOSI. I am pleased to yield to the gentleman from Washington.
Mr. DICKS. I wanted just to say that I concur in all the statements
made by the chairman. This is also the understanding that I have of
this provision.
Ms. PELOSI. I thank the ranking member for his cooperation and
concurrence in the view of the chairman.
Mr. DICKS. And I want to compliment the gentlewoman for her diligence
on this important matter.
{time} 1230
Mr. GOSS. Mr. Chairman, I yield 3 minutes to the gentleman from
Florida (Mr. Young), chairman of the Appropriations Subcommittee on
National Security.
Mr. DICKS. Mr. Chairman, I yield 30 seconds to the gentleman from
Florida (Mr. Young).
Mr. YOUNG of Florida. Mr. Chairman, I rise in strong support of this
intelligence authorization bill. I want to compliment the gentleman
from Florida (Mr. Goss). He has done an outstanding job. I have had the
privilege of working on the Permanent Select Committee on Intelligence
for 14 years now, two different terms. I have to say that the gentleman
from Florida has been outstanding in the leadership that he provides
for the committee and also to the gentleman from Washington (Mr.
Dicks), we have worked together for so many years, he is a member of
our subcommittee. We have the unusual relationship of being members of
the Permanent Select Committee on Intelligence as well as members of
the appropriations subcommittee that provides the funding for the
Permanent Select Committee on Intelligence. The gentleman from
Washington does a really good job. He is very dedicated to a good
intelligence bill.
That is what this is. This is a good intelligence bill. It provides
not as much as we would like to have provided for our intelligence
activities, but it provides the best that we can with the budget
constraints that we are faced with today.
There are those of us who believe that we are not making a strong
enough investment in our national security, at any part of our national
defense structure, whether it be the operational military forces or the
intelligence community. But the intelligence community is the eyes and
ears of our national capabilities. We have to have information, we have
to know what is happening in the world, we have to know what threats
there might be out there.
[[Page
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The intelligence community does an outstanding job, I might say. I
might be criticized for that statement because all you ever hear is the
bad news. If an intelligence agent happens to go bad, which does happen
on occasion, or if a mistake is made, you hear about that but you do
not hear about the good things that the intelligence community brings
to our overall national security effort. I wish we could talk about
some of those on the floor in open session today, but obviously we
cannot because it is essential that the sources that we use for
developing our own intelligence information and the methods that we use
and the people who are involved in this have to be protected. Their
mission is extremely important and their lives could very well be at
risk if we went into a lot of detail.
I know that there will probably be some amendments offered to reduce
the authorized level of funding in this bill. I would urge the Members
not to support this. This bill does not provide enough authorization
for funding to do the things that we ought to be doing in our national
security effort, but it is the best we could do with the budget
constraints.
I suggest that we defeat any amendments that would tend to reduce the
investment in our intelligence capability and let us pass this good
bill and get it on to the Senate so we can get it to the President.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Washington.
Mr. DICKS. Mr. Chairman, I just want to compliment the gentleman for
his statement and I want to concur in it. Sometimes I think there is a
question out there about whether intelligence is really that important.
I think it is our ace in the hole. I think it is what gives America an
extraordinary advantage over any potential foe. Our human intelligence,
our national technical means, are remarkable assets to this country. In
every conflict we have been in in recent years, they have given us a
tremendous advantage. I think the work of the defense subcommittee and
the authorization committee to come up with a good bill that keeps that
going is essential to the future of the country.
Mr. YOUNG of Florida. Mr. Chairman, I appreciate the gentleman's
comments. He is right on track.
Mr. DICKS. Mr. Chairman, I yield 2 minutes to the gentleman from
Missouri (Mr. Skelton), the ranking member of the Committee on National
Security.
Mr. SKELTON. Mr. Chairman, I rise in support of
H.R. 3694. I have a
rather unique position and opportunity. As ranking member of the
Committee on National Security and as a member of this Permanent Select
Committee on Intelligence, I can personally testify to the importance
of intelligence to our military commanders in the field, to our troops
who are daily supporting our peacekeeping efforts in places like Iraq,
in Macedonia and to our pilots in the Iraqi no-fly-zone.
Cicero once said that gratitude is the greatest of all virtues. I am
not sure we say thank you enough to the members of the intelligence
community. What they do so often is not known. Yet it pays off in
knowledge to the commanders in chief in the field, to the President, to
the Secretary of Defense, to the Secretary of State, and, of course, to
this body.
Intelligence is critical to successful operations and to the safety
of our men and women in uniform. Intelligence also plays a crucial role
in the Joint Chiefs of Staff's plan for the 21st century, Dominant
Battlespace Awareness, which hinges on our intelligence investment.
Critical to the Joint Chiefs' plan, as well as to daily air, sea, and
ground operations, are the mapping products created by the National
Imagery and Mapping Agency. Although I support this bill, I am frankly
concerned with the reductions in the operations and maintenance funds
for the National Imagery and Mapping Agency. I think the cuts are
unjustified and excessive. I fear that they will have an unacceptable
impact on the production of products for the unified commands and for
the State Department peacekeeping negotiations. I am also concerned
that these cuts will result in the unwarranted elimination of jobs from
an agency that does not have sufficient staffing to meet military
requirements today.
Mr. GOSS. Mr. Chairman, I yield 2\1/2\ minutes to the distinguished
gentleman from New Hampshire (Mr. Bass).
Mr. BASS. Mr. Chairman, as a member of the Permanent Select Committee
on Intelligence, I welcome the opportunity to speak in support of
H.R.
3694, the Intelligence Authorization Act for Fiscal Year 1999. I would
also like to associate myself with the very good comments of the
gentleman from Florida (Mr. Young) and the gentleman from Washington
(Mr. Dicks) concerning the strategic importance of intelligence. I
would only add to that by saying that intelligence is also more than
military and tactical in nature. There are civilian aspects to
intelligence that are very important to the national security of this
country that go beyond support to our military and provide the kind of
protection for the citizens of the United States, not only domestically
but abroad, that we all need and cherish.
This is one of the safest countries in the world in which to live.
Part of the reason for that is the fact that we know what our enemies
are doing and we know what their plans and intentions are better
perhaps than anybody else in the world.
I would like to address if I could for a second the budget itself.
The legislation before us today refocuses the President's request upon
four major priorities for intelligence in the next century. Firstly, it
accelerates the recapitalization of a signals intelligence program that
has produced invaluable information against the new transnational
targets of the post-Cold War world.
Secondly, our bill begins the process, after years of drawdowns and
reductions, of rebuilding a clandestine human intelligence program that
has provided much of our intelligence on the plans and intentions of
terrorists, traffickers and other adversaries.
Thirdly, our bill continues the strengthening of the analysis part of
intelligence collection that provides both assessment to our
policymakers and guidance to the collectors.
Finally, our bill enhances the capability of the President to direct
and accomplish covert actions when he deems such actions necessary to
U.S. foreign policy and our national security. The purpose of our mark
in each of these areas is to strengthen the capabilities that will
provide policymakers with the intelligence that they will need in the
next century.
Mr. Chairman, there were also strategic cuts in the budget, made
after much investigation and on a line-by-line basis, on programs that
will mostly be effective in the 21st century. The intelligence
community has for the most part moved forward effectively against new
and difficult issues. There are some areas where we can make some
reductions and do so in a prudent fashion.
Once again, Mr. Chairman, I am happy to rise in support of this
bipartisan authorization bill. I want to commend both the gentleman
from Florida and the gentleman from Washington for having done an
excellent job working together to produce this important bill.
Mr. DICKS. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Cardin), a good solid member of the Committee on Ways and
Means.
Mr. CARDIN. Mr. Chairman, I thank the gentleman for yielding me this
time and congratulate both the gentleman from Florida and the gentleman
from Washington for bringing forward a product that deserves the
support of this House. I have said before that whenever an intelligence
authorization or appropriations is before us, the proponents are at a
disadvantage because people can attack the intelligence community. A
lot of this is confidential. They do not have the opportunity sometimes
to defend themselves.
The United States has the most sophisticated intelligence apparatus
in the world. We have the best trained professionals in the world. Yet
we have the most difficult challenges of any nation in this world. We
work in a bipartisan manner in order to provide authorization and
appropriations for our intelligence agencies. I really do applaud the
leadership of this House for
[[Page
H2951]]
doing that. For the security of our country and for the manner in which
this has been handled in the House, it deserves our support.
I must tell my colleagues, though, that I was somewhat disappointed
by some of the tone in the language as it related to some of our
intelligence agencies. But I am very pleased to see that the report
acknowledges that we must invest in the recapitalization and
modernization of our SIGINT capacities. I think that is very important
for this country.
I have visited NSA on numerous occasions and know the dedication of
the men and women in public service for our country. They represent
some of our brightest minds in our Nation. But if we are going to be
able to attract the best from our universities and colleges so that we
can maintain that capacity in the future, it is important that we
authorize adequate funds and appropriate adequate funds for our
intelligence operation.
Mr. Chairman, I am pleased that we were able to bring this product
forward in a bipartisan manner. I hope that this body will support the
work of the committee, support the authorization and later support the
appropriation.
Mr. GOSS. Mr. Chairman, I appreciate the distinguished gentleman from
Maryland's remarks. We have worked together on many things. His support
is very important.
Mr. Chairman, I yield 2 minutes to the distinguished gentleman from
Illinois (Mr. Hastert), the chairman of the task force to counter the
drug problem.
Mr. HASTERT. Mr. Chairman, I appreciate the fine work of the
Permanent Select Committee on Intelligence. I am pleased to join my
colleagues from the Permanent Select Committee on Intelligence in
support of
H.R. 3694, the fiscal year 1999 intelligence authorization
bill. As chairman of the Committee on Government Reform and Oversight,
Subcommittee on National Security, and the Task Force for a Drug-Free
America, I have had an opportunity to visit a wide range of
counternarcotic programs in this country and overseas during the past
few years. I have seen the effectiveness of the information produced by
our intelligence community in identifying and tracking major narcotics
trafficking activities. This intelligence information is essential to
facilitating the law enforcement community's effort to slow the flood
of cocaine and heroin that is pouring into our country. I have been
particularly impressed by the growing coordination between the
intelligence community and the law enforcement agencies to jointly
target major narcotrafficking groups.
Despite this good news, I regret to report that we are stopping no
more than 15 to 20 percent of the drugs flowing from the source
countries of Colombia, Peru and Bolivia. We have the best intelligence
organization in the world, but we lack the capability to act
effectively on the information that we collect against
narcotraffickers. It is clear that the administration's current source
zone strategy is having only a very limited impact on cocaine and opium
production in the source countries. We need to provide sufficient
political will, sufficient resources and sufficient personnel to this
effort.
Equally, the transit zone strategy is undermined by an unwillingness
to seek sufficient air, ground and maritime resources to track, pursue
and stop narcotrafficking moving through Central America, the Caribbean
and Mexico. Based on numerous meetings with foreign narcotics officials
and U.S. Government personnel serving in the field, I am quite
persuaded that much more could be achieved if we would be willing to
come forward and seek the necessary resources to step up the
eradication and interdiction of cocaine and heroin.
Mr. Chairman, this is an important piece of legislation. Intelligence
is the key to stopping narcotics traffic in this country and this
hemisphere. I support this legislation.
Mr. DICKS. Mr. Chairman, I yield 4 minutes to the gentleman from
Georgia (Mr. Bishop).
Mr. BISHOP. Mr. Chairman, I rise in strong support of
H.R. 3694, the
Intelligence Authorization Act for Fiscal Year 1999. Let me first
congratulate the gentleman from Florida (Mr. Goss) and the gentleman
from Washington (Mr. Dicks) for their tireless efforts in producing a
bipartisan bill that addresses the needs of the intelligence community.
There is arguably no greater consumer of intelligence than our Nation's
Armed Forces. Despite the end of the Cold War, the requirements of our
military for better and more timely intelligence has actually increased
rather than decreased.
This is the result of a number of factors, including transitional
issues such as terrorism and the proliferation of weapons of mass
destruction. Perhaps no incident better illustrates the threat that
terrorism poses to the men and women of our armed services than the
cowardly and callous terrorist bombing of Khobar Towers in Saudi
Arabia.
{time} 1245
Our forces in Bosnia remain exposed to the threat of terrorism, and
it is the i
Major Actions:
All articles in House section
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
(House of Representatives - May 07, 1998)
Text of this article available as:
TXT
PDF
[Pages
H2944-H2978]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
Mr. GOSS. Mr. Speaker, by direction of the Committee on Rules, I call
up House Resolution 420 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 420
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (
H.R. 3694) to authorize appropriations for fiscal
year 1999 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. The
first reading of the bill shall be dispensed with. Points of
order against consideration of the bill for failure to comply
with clause 2(l)(6) of rule XI are waived. General debate
shall be confined to the bill and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Permanent Select Committee on
Intelligence. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Permanent Select
Committee on Intelligence now printed in the bill, modified
by striking section 401 (and redesignating succeeding
sections accordingly). That amendment in the nature of a
substitute shall be considered by title rather than by
section. Each title shall be considered as read. Points of
order against that amendment in the nature of a substitute
for failure to comply with clause 7 of rule XVI or clause
5(b) of rule XXI are waived. No amendment to that amendment
in the nature of a substitute shall be in order unless
printed in the portion of the Congressional Record designated
for that purpose in clause 6 of rule XXIII. Printed
amendments shall be considered as read. The chairman of the
Committee of the Whole may: (1) postpone until a time during
further consideration in the Committee of the Whole a request
for a recorded vote on any amendment; and (2) reduce to five
minutes the minimum time for electronic voting on any
postponed question that follows another electronic vote
without intervening business, provided that the minimum time
for electronic voting on the first in any series of questions
shall be 15 minutes. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or the amendment in the nature of a substitute made in
order as original text. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
The SPEAKER pro tempore. The gentleman from Florida (Mr. Goss) is
recognized for 1 hour.
[[Page
H2945]]
Mr. GOSS. Mr. Speaker, for the purposes of debate only, I yield the
customary 30 minutes to my friend, the gentlewoman from New York (Ms.
Slaughter), pending which I yield myself such time as I may consume.
During consideration of this resolution, all time yielded is for the
purpose of debate only.
Mr. Speaker,
H. Res. 420 is a modified open rule providing for the
consideration of
H.R. 3694, the Fiscal Year 1999 Intelligence
Authorization Act. What makes this rule modified open instead of fully
open is a preprinting requirement for amendments, whose purpose is to
ensure that the Permanent Select Committee on Intelligence has an
opportunity to work with Members seeking to offer germane amendments to
ensure that important issues are addressed without threatening
disclosure of sensitive, classified information. This preprinting
requirement has become standard procedure for consideration of the
annual intelligence authorization and has not been controversial.
Because the leadership sought to have this bill on the floor today,
the rule also includes a waiver of points of order against the
consideration of the bill for failure to comply with the clause 2(1)(6)
of rule XI, which requires a three-day layover of a committee report.
The committee's report was properly filed on Tuesday of this week,
and Members have had notice of availability of classified portions of
the authorization measure since late last week when public
announcements were, indeed, made from the floor.
It is my understanding that there is no objection to this slight
speeding up of the schedule to accommodate changes stemming from the
unrelated scheduling matters and to accommodate Members' travel plans.
The rule provides for 1 hour of general debate on the bill, time
equally divided between the chairman and ranking member of the
Permanent Select Committee on Intelligence.
In addition, the rule makes in order as an original bill for the
purpose of an amendment the committee amendment in the nature of a
substitute now printed in the bill, modified by striking section 401 of
the bill.
That modification, a self-executing change accomplished through the
rule, is designed to addressed a Budget Act technicality relating to a
provision of the bill extending the early-out retirement program for
the CIA.
We were advised that, due to the fact that we still await this year's
budget resolution, the early-out provision found in title IV of the
bill causes a Budget Act problem, and so the provision is being removed
from the bill with the understanding that the substance of the issue
will be addressed at a later stage of legislative process of
H.R. 3694.
{time} 1200
The rule further provides that the amendment in the nature of a
substitute shall be considered by title and that each title shall be
considered as read.
The rule also waives points of order against the committee amendment
for failure to comply with clause 7 of rule XVI prohibiting nongermane
amendments or clause 5(b) of rule XXI, prohibiting tax or tariff
provisions in a bill not reported by a committee with jurisdiction over
revenue measures. Both of these waivers apply to a section of
H.R. 3694
regarding the application of sanctions laws to intelligence activities
in title III of the bill. That provision is nongermane to the
introduced version of
H.R. 3694, and it deals with subject matter
falling within the jurisdiction of the Committee on Ways and Means.
Based on an exchange of letters between the two committees, there is
no controversy on this matter. However, these waivers are necessary
under the rules of the House. And during general debate, I will
introduce into the Record that correspondence between the two
committees.
I would also point out for the record the Committee on National
Security has, by letter, discharged itself from consideration of the
matters in this bill that fall within its purview.
Mr. Speaker, the rule permits the Chairman of the Committee of the
Whole to postpone the vote on any amendment and reduce voting time to 5
minutes on any series of questions provided that the first vote shall
not be less than 15 minutes.
Finally, the rule provides for the traditional motion to recommit
with or without instructions.
Mr. Speaker, that was a long explanation of a rule that is, in fact,
straightforward, simple, and traditional for this piece of legislation.
I know of no controversy about this rule. I urge Members to support
this rule.
Mr. Speaker, I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I thank the gentleman from Florida for
yielding to me the customary 30 minutes, and I yield myself such time
as I may consume.
(Ms. SLAUGHTER asked and was given permission to revise and extend
her remarks.)
Ms. SLAUGHTER. Mr. Speaker, I do not oppose this rule. It allows
amendments that are germane to be offered. However,
H. Res. 420 does
include one waiver of a House rule that troubles me. The rule waives
clause 2(L)(6) of rule XI that provides for a 3-day layover of the
committee report accompanying the bill.
This House rule allows Members time to study the report and decide
whether they would like to offer or support amendments. The 3-day
opportunity to study the bill and report is particularly important in
this case because many provisions of the intelligence bills are
classified and, if a Member wishes to review those portions, a Member
must make arrangements with the Permanent Select Committee on
Intelligence. To cut short the standard review time under these
circumstances is unfortunate.
And while I understand that the majority and the minority on the
Permanent Select Committee on Intelligence had no objection to the
waiver, we should note that it is not the committee's rights but the
rights of Members not on the committee that the House rule is designed
to protect.
The gentleman from Florida (Mr. Goss), the chairman of the committee,
is to be commended for avoiding the need for waiver of the Budget Act
by self-executing in this rule an amendment striking the offending
section of the bill.
The Permanent Select Committee on Intelligence also worked with the
Committee on Ways and Means to gain its acquiescence to a violation of
a House rule designed to protect the jurisdiction of the Committee on
Ways and Means.
While I often question the need for a requirement for preprinting in
the Congressional Record, the sensitivity and the complexity of the
intelligence authorization bill justifies the requirement in this case.
Mr. Speaker, this rule allows the full House to consider germane
amendments offered by any Member. Under the rule, the House will be
able to debate important questions, such as whether to reduce the
overall size of the intelligence budget.
Mr. Speaker, I yield 3 minutes to the gentleman from Vermont (Mr.
Sanders).
Mr. SANDERS. Mr. Speaker, I thank the gentlewoman for yielding me
this time, and I rise in support of the rule.
I think it is a fair rule. Among other things, it, in fact, allows
this Congress to begin debating major priorities as to whether or not
we are going to increase spending for the intelligence budget, despite
the end of the Cold War and despite the fact that while we increase
funding for the intelligence budget, we have cut spending in Medicare
for our senior citizens, cut spending for veterans' programs, cut
spending in a dozen different areas that the middle-class and low-
income people of this country need.
So I applaud the chairman for bringing forth this rule. It is a fair
rule and it is going to allow us to have a serious debate on what we
want this Congress to be doing for the American people.
Ms. SLAUGHTER. Mr. Speaker, I yield back the balance of my time.
Mr. GOSS. Mr. Speaker, I yield myself such time as I may consume to
address the concerns of the gentlewoman from New York about the notice
given and accommodating Members' schedules today.
I am happy to report that several Members did take advantage of the
opportunity to come to the Permanent Select Committee on Intelligence
and participate in review of materials that were of interest to them.
So I think the
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word has gotten out and I think we have done our job properly.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore (Mr. Duncan). Pursuant to House Resolution
420 and rule XXIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the consideration of the
bill,
H.R. 3694.
{time} 1205
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration the bill
(
H.R. 3694) to authorize appropriations for fiscal year 1999 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 (Mr. Thornberry) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Florida (Mr. Goss) and the
gentleman from Washington (Mr. Dicks) each will control 30 minutes.
The Chair recognizes the gentleman from Florida (Mr. Goss).
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am pleased to bring the fiscal year 1999 intelligence
authorization to the floor today. As a strong believer in the
congressional oversight process, I hope Members have taken the
opportunity to examine this year's bill, including its classified annex
and, indeed, I know several Members have come upstairs to do just that.
The annual intelligence authorization, and its exhaustive review of
intelligence activities and capabilities that accompanies it, form the
cornerstone of our oversight process. This is truly a valuable exercise
for the Permanent Select Committee on Intelligence, for Congress as a
whole, and I think it is beneficial to the intelligence community as
well.
I want to take this opportunity to thank the members and staff of the
Permanent Select Committee on Intelligence from both sides of the aisle
whose hard work and long hours have enabled us to produce a
responsible, nonpartisan bill that was unanimously approved in
committee.
I would also like to thank the gentleman from South Carolina (Mr.
Floyd Spence), chairman of the Committee on National Security, and the
gentleman from Florida (Mr. Bill Young), chairman of the Subcommittee
on National Security of the Committee on Appropriations, for their
input and able assistance with this legislation.
H.R. 3694 authorizes funds for the fiscal year 1999 intelligence and
intelligence-related activities of the United States Government. That
is a big order. The National Security Act requires Congress
specifically to authorize all intelligence spending. That is unique.
As Members are aware, many of the details of the intelligence budget
are classified, including the total fiscal year 1999 budget request, or
top line. I can say, however, that
H.R. 3694's top line is
substantially in line with the President's request. The committee came
in a mere one-tenth of 1 percent above the President's level.
I would like to take a moment to explain the process by which the
committee arrived at this recommended spending level. What we did not
do was adopt an arbitrary number and fill in the blanks until we
reached our goal. Instead, the Permanent Select Committee on
Intelligence looked at each line of every program, examined its
effectiveness and how it fit in with the overall U.S. intelligence
requirements and priorities in today's world. Then we made our
decisions based on the merit and value of each program.
Mr. Chairman, throughout the committee's review of U.S. intelligence
capabilities, whether we were looking at satellite reconnaissance or
human intelligence, one fact stood out. The threats that face our
Nation demand that the intelligence community maintain a worldwide
vigilance and the resources to deal with a multitude of challenges and
new challenges.
The Cold War is over and the threat of nuclear war has been reduced.
Or has it? Unfortunately, the world still is a dangerous place for the
United States and its citizens, as we read in papers almost daily about
concerns about political stability in places like Russia, the chain of
command in Russia over the nuclear weapons, or perhaps even the Chinese
intercontinental ballistic missiles which we read in the newspapers are
targeted against U.S. cities, what they call city-buster bombs and an
ICBM capability.
To demonstrate this, we need look no further than our continuing
struggles with Iraq. Earlier this year the United States came to the
brink of military confrontation with Saddam Hussein; yet we did so
without all of the information necessary to support a serious campaign.
There were serious shortfalls in our ability to support policymakers
and military commanders at this critical time. Such gaps endanger U.S.
lives and interests and are not acceptable, tolerable, or necessary in
today's world.
We should not ignore Iraq or Iran or Libya or North Korea or other
rogue nations that are striving for and, in many cases achieving, the
means to threaten the United States. The risk that a terrorist group or
a rogue country will use a chemical, biological, or nuclear weapon
against the U.S. or an American citizen or American interests here or
abroad is increasing. Despite this fact, U.S. intelligence capabilities
have dwindled since the end of the Cold War. In effect, we are asking
the intelligence community for more and we are giving them less to do
it. And we are counting on them more.
The intelligence community needs to change the way it does business
to address these new threats. This year's authorization identifies five
areas that deserve particular attention.
One, our signals intelligence capabilities are in serious need of
modernization to keep up with the fast pace of communications and
technology improvement. I think it is fair to say that the golden days
of SIGINT may, in fact, be behind us, and we have been enjoying the
benefits of a very good SIGINT activity for many years. That may be
over because of technology. We need to deal with that.
Two, our clandestine espionage, or human intelligence as it is
called, that infrastructure needs to be rebuilt and refocused on
current priorities. It is fair to say, I think, that the cupboard is
nearly bare in the area of HUMINT. We are badly outnumbered by hostiles
in a lot of dangerous places in the world. That is intolerable,
unacceptable, and unnecessary.
The intelligence community needs to increase its analytical
capability in order to absorb and accurately gauge the immediate and
long-term implications of an ever-increasing volume of information. We
have stuff on hand we have not reviewed. We have not exploited it. And
it is stuff that would be useful to our decision-makers. We do not have
as much analytical capacity as we need. That can be fixed.
Covert action capabilities need to be restructured. I said
capabilities. Nobody is calling for covert action. We are calling for
more arrows in the quiver in case we do need it to suit the needs of
today's world and how to deal with problems we come against.
Fifth, and last, we need to ensure we maintain an active research and
development program in all intelligence areas.
H.R. 3694 addresses each of these priorities, in some cases by
providing additional funding; in others by redirecting existing
programs, resources, or restructuring ongoing programs.
In addition, the committee's review raised some fundamental questions
that the committee will review over the coming year. These include,
what are the proper priorities for our future overheads systems? How
can we manage the cost of a national reconnaissance program and yet
meet other critical requirements? Is the intelligence community
striking the right balance between our capacity to collect intelligence
and our capacity to analyze what is collected? Is the intelligence
community prepared to face the challenges of information and
operations, or cyber-warfare?
[[Page
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The future of our intelligence programs depends on finding the
answers to these and other questions. But for today, today we
understand very well our needs. We have provided for them in this
legislation. I think we have achieved an excellent balance. Mr.
Chairman, I urge all members to support
H.R. 3694 today.
Mr. Chairman, I submit the following:
House of Representatives,
Committee on Ways and Means,
Washington, DC, May 4, 1998.
Hon. Porter Goss,
Chairman, House Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Porter: I am writing in response to your letter of
April 29, 1998, which addresses
H.R. 3694, as reported by the
House Committee on Intelligence (Permanent Select) on April
29, 1998.
H.R. 3694 would amend Section 905 of the National
Security Act of 1947 by striking out ``January 6, 1998'' and
inserting in lieu thereof ``January 6, 1999''. The bill
contains an extension of application of sanctions laws to
intelligence activities.
As your letter notes, this provision falls within the
jurisdiction of the Committee on Ways and Means. Accordingly,
the Committee would ordinarily meet to consider the bill.
However, because the bill, as reported, extends for one year
an already existing application of sanctions laws to
intelligence activities, I do not believe that a markup of
the bill is necessary.
I appreciate your consultation with the Committee in
advance. I request your full support in joining me to prevent
any other expansion or changes to the application of
sanctions laws for intelligence activities other than the one
year extension agreed to here. I would further appreciate
your consultation with respect to this provision on any
future Intelligence Authorization bills, including a mere
reauthorization for additional periods of time. Of course, if
an agreement cannot be reached, the provision would be
subject to a point of order pursuant to Clause 5(b) of House
Rule XXI.
I would ask that a copy of our exchange of letters on this
matter be included in the record during floor consideration.
Thank you for your cooperation and assistance on this
matter. With best personal regards,
Sincerely,
Bill Archer,
Chairman.
____
House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, April 28, 1998.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
Longworth House Office Building, Washington, DC.
Dear Bill: I am writing to you concerning the planned
inclusion of a provision in the ``Intelligence Authorization
Act for Fiscal year 1999'' (
H.R. 3694), which we expect to
mark up on Wednesday, April 29, 1998, and report to the House
early next week. I have included a copy of the proposed
section for your consideration.
As you know, this provision relates to the application of
sanctions laws to intelligence activities and simply extends
the life of the provision for one additional year. As you
will recall during last year's consideration of the
Intelligence Authorization Act for Fiscal Year 1998, and
based upon our mutual understanding and agreement as to your
Committee's jurisdiction over matters relating to taxes and
tariffs, this provision was included in the Authorization Act
for Fiscal Year 1998 as section 304 of that Act. A copy of
that provision, as enacted (P.L. 105-107), is also included
for your review.
I hope that we can, consistent with the agreement reached
last year, once again agree that this provision may be
included in
H.R. 3694, and any resulting Conference Report,
without objection from the Committee on Ways and Means.
There is no doubt that this provision falls squarely within
the scope of Clause 5(b) of House Rule XXI, which provides
that no tax or tariff provision may be considered by the
House that has not been considered by the Committee on Ways
and Means.
This provision is of critical importance to the protection
of intelligence sources and methods whenever a proliferation
violation has been identified and sanctions are deemed to be
the appropriate method of discipline. This provision supplies
the President with the necessary flexibility to address the
competing interests of punishing the violators and protecting
our national security interests at the same time. I
appreciate your recognition of this important aspect of this
section of our bill.
I would also offer that any modification of this provision
in future Intelligence Authorization bills, beyond a mere
reauthorization for additional periods of time, will be
subject to consultation between our Committees, and, if
agreement cannot be reached, subject to points of order
pursaunt to Clause 5(b) of House Rule XXI.
Thank you for your cooperation in this regard and I look
forward to your support for
H.R. 3694.
With all best wishes, I remain
Sincerely yours,
Porter J. Goss,
Chairman.
____
``(b) Benefits, Allowances, Travel, Incentives.--An
employee detailed under subsection (a) may be authorized any
benefit, allowance, travel, or incentive otherwise provided
to enhance staffing by the organization from which the
employee is detailed.
``(c) Annual Report.--Not later than March 1, 1999, and
annually thereafter, the Director of Central Intelligence
shall submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate a report describing
the detail of intelligence community personnel pursuant to
subsection (a) during the 12-month period ending on the date
of the report. The report shall set forth the number of
personnel detailed, the identity of parent and host agencies
or elements, and an analysis of the benefits of the
details.''.
(b) Technical Amendment.--Sections 120, 121, and 110 of the
National Security Act of 1947 are hereby redesignated as
sections 110, 111, and 112, respectively.
(c) Clerical Amendment.--The table of contents in the first
section of such Act is amended by striking out the items
relating to sections 120, 121, and 110 and inserting in lieu
thereof the following:
``Sec. 110. National mission of National Imagery and Mapping Agency.
``Sec. 111. Collection tasking authority.
``Sec. 112. Restrictions on intelligence sharing with the United
Nations.
``Sec. 113. Detail of intelligence community personnel--intelligence
community assignment program.''.
(d) Effective Date.--The amendment made by subsection (a)
shall apply to an employee on detail on or after January 1,
1997.
SEC. 304. EXTENSION OF APPLICATION OF SANCTIONS LAWS TO
INTELLIGENCE ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C.
441d) is amended by striking out ``January 6, 1998'' and
inserting in lieu thereof ``January 6, 1999''.
SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the national
security interests of the United States and consistent with
operational and security concerns related to the conduct of
intelligence activities, and where fiscally sound, should
competitively award contracts in a manner that maximizes the
procurement of products properly designated as having been
made in the United States.
SEC. 306. SENSE OF CONGRESS ON RECEIPT OF CLASSIFIED
INFORMATION.
It is the sense of Congress that Members of Congress have
equal standing with officials of the Executive Branch to
receive classified information so that Congress may carry out
its oversight responsibilities under the Constitution.
SEC. 307. PROVISION OF INFORMATION ON CERTAIN VIOLENT CRIMES
ABROAD TO VICTIMS AND VICTIMS' FAMILIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national interests of the United States to
provide information regarding the killing, abduction,
torture,
____
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking out the following item:
``Assistant Directors of Central Intelligence (3).''.
(b) Expansion of Duties of Deputy Director of Central
Intelligence for Community Management.--Subsection 102(d)(2)
of the National Security Act of 1947 (50 U.S.C. 403(d)(2)) is
amended by striking out subparagraph (B) through (D) and
inserting in lieu thereof the following new subparagraphs:
``(B) Carrying out the responsibilities of the Director
under paragraphs (1) through (5) of section 103(c).
``(C) Carrying out such other responsibilities as the
Director may direct.''.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C.
441d) is amended by striking out ``January 6, 1999'' and
inserting in lieu thereof ``January 6, 2000.''.
SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible
Mr. Chairman, I reserve the balance of my time.
Mr. DICKS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the Permanent Select Committee on Intelligence strives
to report an authorization bill each year which is free of partisan
division. While we have been generally successful in that effort, from
time to time we have been divided on significant issues of substance.
This year, I am pleased to report that we have produced legislation
which is not only bipartisan but without major substantive disagreement
as well.
{time} 1215
Credit for that result goes to the gentleman from Florida (Mr. Goss)
who has worked tirelessly to ensure that the views of all Members are
reflected
[[Page
H2948]]
in the work of the committee. I commend him for the leadership he has
exhibited as chairman and for his willingness to work with committee
Democrats on matters of importance to us.
For two of the Democratic Members, the gentleman from Colorado (Mr.
Skaggs) and the gentlewoman from California (Ms. Harman), this will be
the final intelligence authorization bill they will bring to the floor.
Although I look forward to working with them to get a conference report
enacted, I want to thank them for their many contributions to the work
of the committee.
The willingness of the gentleman from Colorado (Mr. Skaggs) to tackle
issues like declassification and the need to make greater use of
intelligence in nontraditional ways has been invaluable. And the
efforts of the gentlewoman from California (Ms. Harman) to encourage
development of the complex systems through which intelligence will be
collected in the future were also of great assistance.
This will be my last authorization bill, as well. I have enjoyed my 8
years of service on the committee and look forward to keeping up with
intelligence issues when they come before the Committee on
Appropriations. I have been impressed tremendously by not only the
importance of intelligence to our Nation's security, but by the
dedication, often under circumstances of great hardship and danger, of
the men and women who work in our intelligence agencies.
The authorization bill for fiscal year 1999 will make improvements in
intelligence capabilities that need to be modernized either because of
technological advances or because they require greater emphasis to
respond to changing threats. The bill is only marginally more, in the
aggregate 0.1 percent, than the amount requested by the President.
Although the committee chose to place a different spending priority on
certain items than did the administration, I do not believe that we
have done harm to any initiative or activity which the Director of
Central Intelligence or the Secretary of Defense consider crucial.
Generating public support for spending on intelligence programs,
given their classified nature, is never going to be easy. Although it
should be common sense that the possession of information in advance
about the military plans of an enemy, the bottom-line position of
another government in a diplomatic negotiation, the location of a
terrorist cell, or the scientific and technical capability of someone
trying to develop a weapon of mass destruction should be invaluable, we
sometimes forget that the acquisition of access to that kind of
information is time consuming and expensive. I do not believe we need
to justify intelligence spending on the basis of some esoteric
calculation about whether our national security is more or less at risk
than when the Soviet Union was in place.
We will always have threats to our security. Some will be
predictable, some will not. Dealing with them requires accurate and
timely information, some of which can be provided only by intelligence
agencies. There is a cost to maintaining the capability to provide that
information when required, and that cost is significant. The cost if
the information is not available, however, is potentially far greater.
Our job on the committee is to ensure that the means necessary to
provide intelligence on matters which demonstrably affect national
security are available at a cost which is not excessive relative to
their importance. I believe the 21-year record of the committee in this
effort, including the bill now before the House, has been exceptional.
Besides recommending spending levels, an authorization bill and
accompanying report also make judgments about the manner in which
programs are being managed. I believe that one of the chief
responsibilities of an oversight committee is to monitor the activities
of the agencies under its jurisdiction in a manner which is both
aggressive and thorough. I also believe that oversight should be
constructive and fair. I am concerned about the tone of some of the
recent criticism of the work of two agencies, the National
Reconnaissance Office, (NRO), and the National Imagery and Mapping
Agency (NIMA).
The United States has an intelligence capability second to none in
the world. Much of that preeminence is due to the performance of the
systems acquired and operated by the NRO. These systems are
extraordinarily complex and expensive. We are now in the midst of an
effort to modernize these systems. When the need for modernization was
made clear several years ago by then-Director of Central Intelligence
Jim Woolsey, and Congress agreed to embark on a plan to accomplish it,
it was with the understanding that substantial amounts of money would
have to be expended in the short term to produce savings in the future.
We have spent much of the intervening years altering in sometimes
significant ways the components of the plan, which has added to the
costs that have to be met in the near term and delayed the realization
of the expected long-term savings as well. It is disingenuous to have
been a part of this practice and then to complain about the effects it
has produced on the NRO's budget.
NIMA is a new agency created less than 2 years ago through the merger
of the Defense Mapping Agency and the imagery analysis elements of the
CIA and DIA. Like most mergers, this one, which I strongly supported
was not without problems, but I believe that NIMA personnel are
committed to having the agency fulfill its important mission
successfully.
Earlier this year I wrote to NIMA's customers to ask for an
evaluation of their performance. Secretary of Commerce Daley responded
that ``After working through some initial confusion regarding authority
and responsibility for certain products and services, support to
civilian agencies is now better than before the individual components
were combined into NIMA.''
James L. Witt, the Director of the Federal Emergency Management
Agency, wrote, ``The support and service provided by NIMA to support
disaster response activities have been and continue to be
outstanding.'' Sandy Berger, the President's National Security Advisor,
complimented NIMA on making a strong effort to provide high-quality
analysis and pronounced himself ``generally satisfied'' with the
results.
I do not believe that these comments reflect an agency that is
failing to do its job or one that is ignoring the needs of nonmilitary
consumers to concentrate on those of the military, as some had feared.
Any enterprise involving human beings can be made better, but I think
it is not helpful to make final judgments, pro or con, about an agency
in its infancy. I offer these thoughts in the hope that they will
provide perspective in evaluating the performance of the NRO and NIMA
in the days ahead.
Mr. Chairman,
H.R. 3694 is a good bill which will advance the
interest of military and civilian consumers of intelligence. I urge
that it be approved by the House.
I would also like to compliment both the majority staff and the
Democratic minority staff. I think this committee has been blessed over
the years with an outstanding staff. And I want to particularly thank
Mike Sheehy and the Democratic staff members whom I have had the
privilege of working with for the last 4 years.
Mr. Chairman, I reserve the balance of my time.
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
I simply want to say that I am very proud to have worked with and
learned from the gentleman from Washington (Mr. Dicks) as the ranking
member. He has been an extraordinary asset of the United States of
America in his capacity as a manager of the portfolio. He brings
wisdom, judgment and knowledge about military intelligence and
equipment to the table in our committee to the extent that I think no
other member has or can at this time. I hope he is not going to leave.
But if it turns out that way, we will miss him.
I also hope we are not going to lose anybody else. And for the
gentleman from Colorado (Mr. Skaggs) and the gentlewoman from
California (Ms. Harman), I share that view with all the other members.
I happen to feel that we have got an extraordinary committee and staff,
we are doing our job timely and well.
Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from New York
(Mr. Boehlert) to allow him to demonstrate what I have just said.
[[Page
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(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Chairman, we find ourselves in both a fiscal and
political environment in which we simply cannot fund every system and
program we would like. This applies whether intelligence or not
intelligence.
However, it is important for the American people to understand just
how critical intelligence is to the very survival of our Nation and our
way of life. On the way over to the Capitol this morning, I heard a
radio announcer refer to this bill as ``the bill to authorize America's
cloak-and-dagger operation.'' That sort of a label is correct in a way,
but unfortuantely, I believe it unintentionally misrepresents what this
bill is all about.
What this bill is about is the wise and prudent funding and oversight
of those intelligence collection analysis and dissemination function
necessary to provide for the security of our Nation, its interests, and
its citizens around the world. We are talking about what I refer to as
``counterprograms.'' We are not engaged in a world war, but we have
some very important counterprograms, counterterrorism,
counternarcotics, counterproliferation. These are all very important
activities, and this bill funds them.
Mr. Chairman, I would like to point out a couple of funcational
intelligence areas of particular interest in this bill. The first is
the emphasis this bill places on rebuilding leading-edge technology,
research and development. It is the basic research and development of
new technologies that are the easiest to cut in lean fiscal times. But
it is precisely these efforts that our future depends on and that we
must pay particular attention to and fund properly.
This bill puts great emphasis on future capabilities, albeit
sometimes imprudently at the expense of older so-called legacy systems.
Also, this bill emphasizes the need for a strong, well-trained and
funded reserve intelligence component.
Mr. Chairman, there are a lot of things I could say about this bill,
and I do not have the time to say them. Just let me say that as someone
who tried to be very attentive to my important responsibilities on this
committee, I admire the way the chairman and ranking member have worked
cooperatively. I admire the seriousness of purpose of all of the
members. I admire the product that we are producing, and I commend it
to the attention of all my colleagues and the American people.
We are doing the people's business in a wise and prudent manner.
Mr. DICKS. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Pelosi).
Ms. PELOSI. Mr. Chairman, I thank the distinguished gentleman from
Washington (Mr. Dicks), the ranking member, for yielding this time to
me and for his leadership on this important committee.
I rise, Mr. Chairman, to engage the gentleman from Florida (Mr.
Goss), the distinguished chair of the Permanent Select Committee on
Intelligence, in a colloquy concerning section 303 of the bill.
Before doing so, I want to commend our chairman for his leadership
also and to thank him for including full funding for the environmental
program in this legislation before us today, the recognition that new
issues need to be addressed, not that the environment is a new issue,
but new compared to its being a priority on the Permanent Select
Committee on Intelligence and in the intelligence authorization bill.
In any event, I rise to engage the gentleman in a colloquy.
As the chairman knows, this section of the bill extends for 1 year
the authority of the President to delay the imposition of a sanction
upon a determination that to proceed with the sanction would risk the
compromise of an ongoing criminal investigation or an intelligence
source or method.
My first question, Mr. Chairman, is whether the legislative history
of this provision, enacted in 1995, would be applicable to the
extension of the authority for 1 more year?
Mr. GOSS. Mr. Chairman, will the gentlewoman yield?
Ms. PELOSI. I yield to the gentleman from Florida.
Mr. GOSS. I would assure the gentlewoman from California that is the
intent of the committee, that the legislative history of this
provision, as it was developed in the debate in 1995, is applicable to
the exercise of this authority. Indeed, the report to accompany
H.R.
3694 reaffirms the joint explanatory statement of the committee of
conference on the Intelligence Authorization Act of Fiscal Year 1996 to
make completely clear that the original legislative history of this
provision continues to govern its implementation.
Ms. PELOSI. Mr. Chairman, is it then the case that the committee
intends that the provision will be narrowly construed and used only in
the most serious of circumstances when a specific sensitive
intelligence source or method or criminal investigation is at risk?
Mr. GOSS. If the gentlewoman would further yield, that is certainly
the intent of the committee.
Ms. PELOSI. Is it also the case that the law requires the
intelligence source or method or law enforcement matter in question
must be related to the activities giving rise to the sanction and the
provision is not to be used to protect generic or speculative
intelligence or law enforcement concerns?
Mr. GOSS. That is also the case.
Ms. PELOSI. Finally, Mr. Chairman, does the committee expect that
reports concerning a decision to stay the imposition of a sanction
shall include a determination that the delay in the imposition of a
sanction will not be seriously prejudicial to the achievement of the
United States' nonproliferation objectives or significantly increase
the threat or risk to U.S. military forces?
Mr. GOSS. Yes, it does.
Ms. PELOSI. Mr. Chairman, I thank the distinguished chairman of our
committee for engaging in this colloquy and for his confirmation of the
understanding that we had when this provision was first enacted.
Mr. DICKS. Mr. Chairman, will the gentlewoman yield?
Ms. PELOSI. I am pleased to yield to the gentleman from Washington.
Mr. DICKS. I wanted just to say that I concur in all the statements
made by the chairman. This is also the understanding that I have of
this provision.
Ms. PELOSI. I thank the ranking member for his cooperation and
concurrence in the view of the chairman.
Mr. DICKS. And I want to compliment the gentlewoman for her diligence
on this important matter.
{time} 1230
Mr. GOSS. Mr. Chairman, I yield 3 minutes to the gentleman from
Florida (Mr. Young), chairman of the Appropriations Subcommittee on
National Security.
Mr. DICKS. Mr. Chairman, I yield 30 seconds to the gentleman from
Florida (Mr. Young).
Mr. YOUNG of Florida. Mr. Chairman, I rise in strong support of this
intelligence authorization bill. I want to compliment the gentleman
from Florida (Mr. Goss). He has done an outstanding job. I have had the
privilege of working on the Permanent Select Committee on Intelligence
for 14 years now, two different terms. I have to say that the gentleman
from Florida has been outstanding in the leadership that he provides
for the committee and also to the gentleman from Washington (Mr.
Dicks), we have worked together for so many years, he is a member of
our subcommittee. We have the unusual relationship of being members of
the Permanent Select Committee on Intelligence as well as members of
the appropriations subcommittee that provides the funding for the
Permanent Select Committee on Intelligence. The gentleman from
Washington does a really good job. He is very dedicated to a good
intelligence bill.
That is what this is. This is a good intelligence bill. It provides
not as much as we would like to have provided for our intelligence
activities, but it provides the best that we can with the budget
constraints that we are faced with today.
There are those of us who believe that we are not making a strong
enough investment in our national security, at any part of our national
defense structure, whether it be the operational military forces or the
intelligence community. But the intelligence community is the eyes and
ears of our national capabilities. We have to have information, we have
to know what is happening in the world, we have to know what threats
there might be out there.
[[Page
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The intelligence community does an outstanding job, I might say. I
might be criticized for that statement because all you ever hear is the
bad news. If an intelligence agent happens to go bad, which does happen
on occasion, or if a mistake is made, you hear about that but you do
not hear about the good things that the intelligence community brings
to our overall national security effort. I wish we could talk about
some of those on the floor in open session today, but obviously we
cannot because it is essential that the sources that we use for
developing our own intelligence information and the methods that we use
and the people who are involved in this have to be protected. Their
mission is extremely important and their lives could very well be at
risk if we went into a lot of detail.
I know that there will probably be some amendments offered to reduce
the authorized level of funding in this bill. I would urge the Members
not to support this. This bill does not provide enough authorization
for funding to do the things that we ought to be doing in our national
security effort, but it is the best we could do with the budget
constraints.
I suggest that we defeat any amendments that would tend to reduce the
investment in our intelligence capability and let us pass this good
bill and get it on to the Senate so we can get it to the President.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Washington.
Mr. DICKS. Mr. Chairman, I just want to compliment the gentleman for
his statement and I want to concur in it. Sometimes I think there is a
question out there about whether intelligence is really that important.
I think it is our ace in the hole. I think it is what gives America an
extraordinary advantage over any potential foe. Our human intelligence,
our national technical means, are remarkable assets to this country. In
every conflict we have been in in recent years, they have given us a
tremendous advantage. I think the work of the defense subcommittee and
the authorization committee to come up with a good bill that keeps that
going is essential to the future of the country.
Mr. YOUNG of Florida. Mr. Chairman, I appreciate the gentleman's
comments. He is right on track.
Mr. DICKS. Mr. Chairman, I yield 2 minutes to the gentleman from
Missouri (Mr. Skelton), the ranking member of the Committee on National
Security.
Mr. SKELTON. Mr. Chairman, I rise in support of
H.R. 3694. I have a
rather unique position and opportunity. As ranking member of the
Committee on National Security and as a member of this Permanent Select
Committee on Intelligence, I can personally testify to the importance
of intelligence to our military commanders in the field, to our troops
who are daily supporting our peacekeeping efforts in places like Iraq,
in Macedonia and to our pilots in the Iraqi no-fly-zone.
Cicero once said that gratitude is the greatest of all virtues. I am
not sure we say thank you enough to the members of the intelligence
community. What they do so often is not known. Yet it pays off in
knowledge to the commanders in chief in the field, to the President, to
the Secretary of Defense, to the Secretary of State, and, of course, to
this body.
Intelligence is critical to successful operations and to the safety
of our men and women in uniform. Intelligence also plays a crucial role
in the Joint Chiefs of Staff's plan for the 21st century, Dominant
Battlespace Awareness, which hinges on our intelligence investment.
Critical to the Joint Chiefs' plan, as well as to daily air, sea, and
ground operations, are the mapping products created by the National
Imagery and Mapping Agency. Although I support this bill, I am frankly
concerned with the reductions in the operations and maintenance funds
for the National Imagery and Mapping Agency. I think the cuts are
unjustified and excessive. I fear that they will have an unacceptable
impact on the production of products for the unified commands and for
the State Department peacekeeping negotiations. I am also concerned
that these cuts will result in the unwarranted elimination of jobs from
an agency that does not have sufficient staffing to meet military
requirements today.
Mr. GOSS. Mr. Chairman, I yield 2\1/2\ minutes to the distinguished
gentleman from New Hampshire (Mr. Bass).
Mr. BASS. Mr. Chairman, as a member of the Permanent Select Committee
on Intelligence, I welcome the opportunity to speak in support of
H.R.
3694, the Intelligence Authorization Act for Fiscal Year 1999. I would
also like to associate myself with the very good comments of the
gentleman from Florida (Mr. Young) and the gentleman from Washington
(Mr. Dicks) concerning the strategic importance of intelligence. I
would only add to that by saying that intelligence is also more than
military and tactical in nature. There are civilian aspects to
intelligence that are very important to the national security of this
country that go beyond support to our military and provide the kind of
protection for the citizens of the United States, not only domestically
but abroad, that we all need and cherish.
This is one of the safest countries in the world in which to live.
Part of the reason for that is the fact that we know what our enemies
are doing and we know what their plans and intentions are better
perhaps than anybody else in the world.
I would like to address if I could for a second the budget itself.
The legislation before us today refocuses the President's request upon
four major priorities for intelligence in the next century. Firstly, it
accelerates the recapitalization of a signals intelligence program that
has produced invaluable information against the new transnational
targets of the post-Cold War world.
Secondly, our bill begins the process, after years of drawdowns and
reductions, of rebuilding a clandestine human intelligence program that
has provided much of our intelligence on the plans and intentions of
terrorists, traffickers and other adversaries.
Thirdly, our bill continues the strengthening of the analysis part of
intelligence collection that provides both assessment to our
policymakers and guidance to the collectors.
Finally, our bill enhances the capability of the President to direct
and accomplish covert actions when he deems such actions necessary to
U.S. foreign policy and our national security. The purpose of our mark
in each of these areas is to strengthen the capabilities that will
provide policymakers with the intelligence that they will need in the
next century.
Mr. Chairman, there were also strategic cuts in the budget, made
after much investigation and on a line-by-line basis, on programs that
will mostly be effective in the 21st century. The intelligence
community has for the most part moved forward effectively against new
and difficult issues. There are some areas where we can make some
reductions and do so in a prudent fashion.
Once again, Mr. Chairman, I am happy to rise in support of this
bipartisan authorization bill. I want to commend both the gentleman
from Florida and the gentleman from Washington for having done an
excellent job working together to produce this important bill.
Mr. DICKS. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Cardin), a good solid member of the Committee on Ways and
Means.
Mr. CARDIN. Mr. Chairman, I thank the gentleman for yielding me this
time and congratulate both the gentleman from Florida and the gentleman
from Washington for bringing forward a product that deserves the
support of this House. I have said before that whenever an intelligence
authorization or appropriations is before us, the proponents are at a
disadvantage because people can attack the intelligence community. A
lot of this is confidential. They do not have the opportunity sometimes
to defend themselves.
The United States has the most sophisticated intelligence apparatus
in the world. We have the best trained professionals in the world. Yet
we have the most difficult challenges of any nation in this world. We
work in a bipartisan manner in order to provide authorization and
appropriations for our intelligence agencies. I really do applaud the
leadership of this House for
[[Page
H2951]]
doing that. For the security of our country and for the manner in which
this has been handled in the House, it deserves our support.
I must tell my colleagues, though, that I was somewhat disappointed
by some of the tone in the language as it related to some of our
intelligence agencies. But I am very pleased to see that the report
acknowledges that we must invest in the recapitalization and
modernization of our SIGINT capacities. I think that is very important
for this country.
I have visited NSA on numerous occasions and know the dedication of
the men and women in public service for our country. They represent
some of our brightest minds in our Nation. But if we are going to be
able to attract the best from our universities and colleges so that we
can maintain that capacity in the future, it is important that we
authorize adequate funds and appropriate adequate funds for our
intelligence operation.
Mr. Chairman, I am pleased that we were able to bring this product
forward in a bipartisan manner. I hope that this body will support the
work of the committee, support the authorization and later support the
appropriation.
Mr. GOSS. Mr. Chairman, I appreciate the distinguished gentleman from
Maryland's remarks. We have worked together on many things. His support
is very important.
Mr. Chairman, I yield 2 minutes to the distinguished gentleman from
Illinois (Mr. Hastert), the chairman of the task force to counter the
drug problem.
Mr. HASTERT. Mr. Chairman, I appreciate the fine work of the
Permanent Select Committee on Intelligence. I am pleased to join my
colleagues from the Permanent Select Committee on Intelligence in
support of
H.R. 3694, the fiscal year 1999 intelligence authorization
bill. As chairman of the Committee on Government Reform and Oversight,
Subcommittee on National Security, and the Task Force for a Drug-Free
America, I have had an opportunity to visit a wide range of
counternarcotic programs in this country and overseas during the past
few years. I have seen the effectiveness of the information produced by
our intelligence community in identifying and tracking major narcotics
trafficking activities. This intelligence information is essential to
facilitating the law enforcement community's effort to slow the flood
of cocaine and heroin that is pouring into our country. I have been
particularly impressed by the growing coordination between the
intelligence community and the law enforcement agencies to jointly
target major narcotrafficking groups.
Despite this good news, I regret to report that we are stopping no
more than 15 to 20 percent of the drugs flowing from the source
countries of Colombia, Peru and Bolivia. We have the best intelligence
organization in the world, but we lack the capability to act
effectively on the information that we collect against
narcotraffickers. It is clear that the administration's current source
zone strategy is having only a very limited impact on cocaine and opium
production in the source countries. We need to provide sufficient
political will, sufficient resources and sufficient personnel to this
effort.
Equally, the transit zone strategy is undermined by an unwillingness
to seek sufficient air, ground and maritime resources to track, pursue
and stop narcotrafficking moving through Central America, the Caribbean
and Mexico. Based on numerous meetings with foreign narcotics officials
and U.S. Government personnel serving in the field, I am quite
persuaded that much more could be achieved if we would be willing to
come forward and seek the necessary resources to step up the
eradication and interdiction of cocaine and heroin.
Mr. Chairman, this is an important piece of legislation. Intelligence
is the key to stopping narcotics traffic in this country and this
hemisphere. I support this legislation.
Mr. DICKS. Mr. Chairman, I yield 4 minutes to the gentleman from
Georgia (Mr. Bishop).
Mr. BISHOP. Mr. Chairman, I rise in strong support of
H.R. 3694, the
Intelligence Authorization Act for Fiscal Year 1999. Let me first
congratulate the gentleman from Florida (Mr. Goss) and the gentleman
from Washington (Mr. Dicks) for their tireless efforts in producing a
bipartisan bill that addresses the needs of the intelligence community.
There is arguably no greater consumer of intelligence than our Nation's
Armed Forces. Despite the end of the Cold War, the requirements of our
military for better and more timely intelligence has actually increased
rather than decreased.
This is the result of a number of factors, including transitional
issues such as terrorism and the proliferation of weapons of mass
destruction. Perhaps no incident better illustrates the threat that
terrorism poses to the men and women of our armed services than the
cowardly and callous terrorist bombing of Khobar Towers in Saudi
Arabia.
{time} 1245
Our forces in Bosnia remain exposed to the threat of terrorism, and
i
Amendments:
Cosponsors:
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
Sponsor:
Summary:
All articles in House section
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
(House of Representatives - May 07, 1998)
Text of this article available as:
TXT
PDF
[Pages
H2944-H2978]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
Mr. GOSS. Mr. Speaker, by direction of the Committee on Rules, I call
up House Resolution 420 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 420
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (
H.R. 3694) to authorize appropriations for fiscal
year 1999 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. The
first reading of the bill shall be dispensed with. Points of
order against consideration of the bill for failure to comply
with clause 2(l)(6) of rule XI are waived. General debate
shall be confined to the bill and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Permanent Select Committee on
Intelligence. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Permanent Select
Committee on Intelligence now printed in the bill, modified
by striking section 401 (and redesignating succeeding
sections accordingly). That amendment in the nature of a
substitute shall be considered by title rather than by
section. Each title shall be considered as read. Points of
order against that amendment in the nature of a substitute
for failure to comply with clause 7 of rule XVI or clause
5(b) of rule XXI are waived. No amendment to that amendment
in the nature of a substitute shall be in order unless
printed in the portion of the Congressional Record designated
for that purpose in clause 6 of rule XXIII. Printed
amendments shall be considered as read. The chairman of the
Committee of the Whole may: (1) postpone until a time during
further consideration in the Committee of the Whole a request
for a recorded vote on any amendment; and (2) reduce to five
minutes the minimum time for electronic voting on any
postponed question that follows another electronic vote
without intervening business, provided that the minimum time
for electronic voting on the first in any series of questions
shall be 15 minutes. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or the amendment in the nature of a substitute made in
order as original text. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
The SPEAKER pro tempore. The gentleman from Florida (Mr. Goss) is
recognized for 1 hour.
[[Page
H2945]]
Mr. GOSS. Mr. Speaker, for the purposes of debate only, I yield the
customary 30 minutes to my friend, the gentlewoman from New York (Ms.
Slaughter), pending which I yield myself such time as I may consume.
During consideration of this resolution, all time yielded is for the
purpose of debate only.
Mr. Speaker,
H. Res. 420 is a modified open rule providing for the
consideration of
H.R. 3694, the Fiscal Year 1999 Intelligence
Authorization Act. What makes this rule modified open instead of fully
open is a preprinting requirement for amendments, whose purpose is to
ensure that the Permanent Select Committee on Intelligence has an
opportunity to work with Members seeking to offer germane amendments to
ensure that important issues are addressed without threatening
disclosure of sensitive, classified information. This preprinting
requirement has become standard procedure for consideration of the
annual intelligence authorization and has not been controversial.
Because the leadership sought to have this bill on the floor today,
the rule also includes a waiver of points of order against the
consideration of the bill for failure to comply with the clause 2(1)(6)
of rule XI, which requires a three-day layover of a committee report.
The committee's report was properly filed on Tuesday of this week,
and Members have had notice of availability of classified portions of
the authorization measure since late last week when public
announcements were, indeed, made from the floor.
It is my understanding that there is no objection to this slight
speeding up of the schedule to accommodate changes stemming from the
unrelated scheduling matters and to accommodate Members' travel plans.
The rule provides for 1 hour of general debate on the bill, time
equally divided between the chairman and ranking member of the
Permanent Select Committee on Intelligence.
In addition, the rule makes in order as an original bill for the
purpose of an amendment the committee amendment in the nature of a
substitute now printed in the bill, modified by striking section 401 of
the bill.
That modification, a self-executing change accomplished through the
rule, is designed to addressed a Budget Act technicality relating to a
provision of the bill extending the early-out retirement program for
the CIA.
We were advised that, due to the fact that we still await this year's
budget resolution, the early-out provision found in title IV of the
bill causes a Budget Act problem, and so the provision is being removed
from the bill with the understanding that the substance of the issue
will be addressed at a later stage of legislative process of
H.R. 3694.
{time} 1200
The rule further provides that the amendment in the nature of a
substitute shall be considered by title and that each title shall be
considered as read.
The rule also waives points of order against the committee amendment
for failure to comply with clause 7 of rule XVI prohibiting nongermane
amendments or clause 5(b) of rule XXI, prohibiting tax or tariff
provisions in a bill not reported by a committee with jurisdiction over
revenue measures. Both of these waivers apply to a section of
H.R. 3694
regarding the application of sanctions laws to intelligence activities
in title III of the bill. That provision is nongermane to the
introduced version of
H.R. 3694, and it deals with subject matter
falling within the jurisdiction of the Committee on Ways and Means.
Based on an exchange of letters between the two committees, there is
no controversy on this matter. However, these waivers are necessary
under the rules of the House. And during general debate, I will
introduce into the Record that correspondence between the two
committees.
I would also point out for the record the Committee on National
Security has, by letter, discharged itself from consideration of the
matters in this bill that fall within its purview.
Mr. Speaker, the rule permits the Chairman of the Committee of the
Whole to postpone the vote on any amendment and reduce voting time to 5
minutes on any series of questions provided that the first vote shall
not be less than 15 minutes.
Finally, the rule provides for the traditional motion to recommit
with or without instructions.
Mr. Speaker, that was a long explanation of a rule that is, in fact,
straightforward, simple, and traditional for this piece of legislation.
I know of no controversy about this rule. I urge Members to support
this rule.
Mr. Speaker, I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I thank the gentleman from Florida for
yielding to me the customary 30 minutes, and I yield myself such time
as I may consume.
(Ms. SLAUGHTER asked and was given permission to revise and extend
her remarks.)
Ms. SLAUGHTER. Mr. Speaker, I do not oppose this rule. It allows
amendments that are germane to be offered. However,
H. Res. 420 does
include one waiver of a House rule that troubles me. The rule waives
clause 2(L)(6) of rule XI that provides for a 3-day layover of the
committee report accompanying the bill.
This House rule allows Members time to study the report and decide
whether they would like to offer or support amendments. The 3-day
opportunity to study the bill and report is particularly important in
this case because many provisions of the intelligence bills are
classified and, if a Member wishes to review those portions, a Member
must make arrangements with the Permanent Select Committee on
Intelligence. To cut short the standard review time under these
circumstances is unfortunate.
And while I understand that the majority and the minority on the
Permanent Select Committee on Intelligence had no objection to the
waiver, we should note that it is not the committee's rights but the
rights of Members not on the committee that the House rule is designed
to protect.
The gentleman from Florida (Mr. Goss), the chairman of the committee,
is to be commended for avoiding the need for waiver of the Budget Act
by self-executing in this rule an amendment striking the offending
section of the bill.
The Permanent Select Committee on Intelligence also worked with the
Committee on Ways and Means to gain its acquiescence to a violation of
a House rule designed to protect the jurisdiction of the Committee on
Ways and Means.
While I often question the need for a requirement for preprinting in
the Congressional Record, the sensitivity and the complexity of the
intelligence authorization bill justifies the requirement in this case.
Mr. Speaker, this rule allows the full House to consider germane
amendments offered by any Member. Under the rule, the House will be
able to debate important questions, such as whether to reduce the
overall size of the intelligence budget.
Mr. Speaker, I yield 3 minutes to the gentleman from Vermont (Mr.
Sanders).
Mr. SANDERS. Mr. Speaker, I thank the gentlewoman for yielding me
this time, and I rise in support of the rule.
I think it is a fair rule. Among other things, it, in fact, allows
this Congress to begin debating major priorities as to whether or not
we are going to increase spending for the intelligence budget, despite
the end of the Cold War and despite the fact that while we increase
funding for the intelligence budget, we have cut spending in Medicare
for our senior citizens, cut spending for veterans' programs, cut
spending in a dozen different areas that the middle-class and low-
income people of this country need.
So I applaud the chairman for bringing forth this rule. It is a fair
rule and it is going to allow us to have a serious debate on what we
want this Congress to be doing for the American people.
Ms. SLAUGHTER. Mr. Speaker, I yield back the balance of my time.
Mr. GOSS. Mr. Speaker, I yield myself such time as I may consume to
address the concerns of the gentlewoman from New York about the notice
given and accommodating Members' schedules today.
I am happy to report that several Members did take advantage of the
opportunity to come to the Permanent Select Committee on Intelligence
and participate in review of materials that were of interest to them.
So I think the
[[Page
H2946]]
word has gotten out and I think we have done our job properly.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore (Mr. Duncan). Pursuant to House Resolution
420 and rule XXIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the consideration of the
bill,
H.R. 3694.
{time} 1205
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration the bill
(
H.R. 3694) to authorize appropriations for fiscal year 1999 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 (Mr. Thornberry) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Florida (Mr. Goss) and the
gentleman from Washington (Mr. Dicks) each will control 30 minutes.
The Chair recognizes the gentleman from Florida (Mr. Goss).
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am pleased to bring the fiscal year 1999 intelligence
authorization to the floor today. As a strong believer in the
congressional oversight process, I hope Members have taken the
opportunity to examine this year's bill, including its classified annex
and, indeed, I know several Members have come upstairs to do just that.
The annual intelligence authorization, and its exhaustive review of
intelligence activities and capabilities that accompanies it, form the
cornerstone of our oversight process. This is truly a valuable exercise
for the Permanent Select Committee on Intelligence, for Congress as a
whole, and I think it is beneficial to the intelligence community as
well.
I want to take this opportunity to thank the members and staff of the
Permanent Select Committee on Intelligence from both sides of the aisle
whose hard work and long hours have enabled us to produce a
responsible, nonpartisan bill that was unanimously approved in
committee.
I would also like to thank the gentleman from South Carolina (Mr.
Floyd Spence), chairman of the Committee on National Security, and the
gentleman from Florida (Mr. Bill Young), chairman of the Subcommittee
on National Security of the Committee on Appropriations, for their
input and able assistance with this legislation.
H.R. 3694 authorizes funds for the fiscal year 1999 intelligence and
intelligence-related activities of the United States Government. That
is a big order. The National Security Act requires Congress
specifically to authorize all intelligence spending. That is unique.
As Members are aware, many of the details of the intelligence budget
are classified, including the total fiscal year 1999 budget request, or
top line. I can say, however, that
H.R. 3694's top line is
substantially in line with the President's request. The committee came
in a mere one-tenth of 1 percent above the President's level.
I would like to take a moment to explain the process by which the
committee arrived at this recommended spending level. What we did not
do was adopt an arbitrary number and fill in the blanks until we
reached our goal. Instead, the Permanent Select Committee on
Intelligence looked at each line of every program, examined its
effectiveness and how it fit in with the overall U.S. intelligence
requirements and priorities in today's world. Then we made our
decisions based on the merit and value of each program.
Mr. Chairman, throughout the committee's review of U.S. intelligence
capabilities, whether we were looking at satellite reconnaissance or
human intelligence, one fact stood out. The threats that face our
Nation demand that the intelligence community maintain a worldwide
vigilance and the resources to deal with a multitude of challenges and
new challenges.
The Cold War is over and the threat of nuclear war has been reduced.
Or has it? Unfortunately, the world still is a dangerous place for the
United States and its citizens, as we read in papers almost daily about
concerns about political stability in places like Russia, the chain of
command in Russia over the nuclear weapons, or perhaps even the Chinese
intercontinental ballistic missiles which we read in the newspapers are
targeted against U.S. cities, what they call city-buster bombs and an
ICBM capability.
To demonstrate this, we need look no further than our continuing
struggles with Iraq. Earlier this year the United States came to the
brink of military confrontation with Saddam Hussein; yet we did so
without all of the information necessary to support a serious campaign.
There were serious shortfalls in our ability to support policymakers
and military commanders at this critical time. Such gaps endanger U.S.
lives and interests and are not acceptable, tolerable, or necessary in
today's world.
We should not ignore Iraq or Iran or Libya or North Korea or other
rogue nations that are striving for and, in many cases achieving, the
means to threaten the United States. The risk that a terrorist group or
a rogue country will use a chemical, biological, or nuclear weapon
against the U.S. or an American citizen or American interests here or
abroad is increasing. Despite this fact, U.S. intelligence capabilities
have dwindled since the end of the Cold War. In effect, we are asking
the intelligence community for more and we are giving them less to do
it. And we are counting on them more.
The intelligence community needs to change the way it does business
to address these new threats. This year's authorization identifies five
areas that deserve particular attention.
One, our signals intelligence capabilities are in serious need of
modernization to keep up with the fast pace of communications and
technology improvement. I think it is fair to say that the golden days
of SIGINT may, in fact, be behind us, and we have been enjoying the
benefits of a very good SIGINT activity for many years. That may be
over because of technology. We need to deal with that.
Two, our clandestine espionage, or human intelligence as it is
called, that infrastructure needs to be rebuilt and refocused on
current priorities. It is fair to say, I think, that the cupboard is
nearly bare in the area of HUMINT. We are badly outnumbered by hostiles
in a lot of dangerous places in the world. That is intolerable,
unacceptable, and unnecessary.
The intelligence community needs to increase its analytical
capability in order to absorb and accurately gauge the immediate and
long-term implications of an ever-increasing volume of information. We
have stuff on hand we have not reviewed. We have not exploited it. And
it is stuff that would be useful to our decision-makers. We do not have
as much analytical capacity as we need. That can be fixed.
Covert action capabilities need to be restructured. I said
capabilities. Nobody is calling for covert action. We are calling for
more arrows in the quiver in case we do need it to suit the needs of
today's world and how to deal with problems we come against.
Fifth, and last, we need to ensure we maintain an active research and
development program in all intelligence areas.
H.R. 3694 addresses each of these priorities, in some cases by
providing additional funding; in others by redirecting existing
programs, resources, or restructuring ongoing programs.
In addition, the committee's review raised some fundamental questions
that the committee will review over the coming year. These include,
what are the proper priorities for our future overheads systems? How
can we manage the cost of a national reconnaissance program and yet
meet other critical requirements? Is the intelligence community
striking the right balance between our capacity to collect intelligence
and our capacity to analyze what is collected? Is the intelligence
community prepared to face the challenges of information and
operations, or cyber-warfare?
[[Page
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The future of our intelligence programs depends on finding the
answers to these and other questions. But for today, today we
understand very well our needs. We have provided for them in this
legislation. I think we have achieved an excellent balance. Mr.
Chairman, I urge all members to support
H.R. 3694 today.
Mr. Chairman, I submit the following:
House of Representatives,
Committee on Ways and Means,
Washington, DC, May 4, 1998.
Hon. Porter Goss,
Chairman, House Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Porter: I am writing in response to your letter of
April 29, 1998, which addresses
H.R. 3694, as reported by the
House Committee on Intelligence (Permanent Select) on April
29, 1998.
H.R. 3694 would amend Section 905 of the National
Security Act of 1947 by striking out ``January 6, 1998'' and
inserting in lieu thereof ``January 6, 1999''. The bill
contains an extension of application of sanctions laws to
intelligence activities.
As your letter notes, this provision falls within the
jurisdiction of the Committee on Ways and Means. Accordingly,
the Committee would ordinarily meet to consider the bill.
However, because the bill, as reported, extends for one year
an already existing application of sanctions laws to
intelligence activities, I do not believe that a markup of
the bill is necessary.
I appreciate your consultation with the Committee in
advance. I request your full support in joining me to prevent
any other expansion or changes to the application of
sanctions laws for intelligence activities other than the one
year extension agreed to here. I would further appreciate
your consultation with respect to this provision on any
future Intelligence Authorization bills, including a mere
reauthorization for additional periods of time. Of course, if
an agreement cannot be reached, the provision would be
subject to a point of order pursuant to Clause 5(b) of House
Rule XXI.
I would ask that a copy of our exchange of letters on this
matter be included in the record during floor consideration.
Thank you for your cooperation and assistance on this
matter. With best personal regards,
Sincerely,
Bill Archer,
Chairman.
____
House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, April 28, 1998.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
Longworth House Office Building, Washington, DC.
Dear Bill: I am writing to you concerning the planned
inclusion of a provision in the ``Intelligence Authorization
Act for Fiscal year 1999'' (
H.R. 3694), which we expect to
mark up on Wednesday, April 29, 1998, and report to the House
early next week. I have included a copy of the proposed
section for your consideration.
As you know, this provision relates to the application of
sanctions laws to intelligence activities and simply extends
the life of the provision for one additional year. As you
will recall during last year's consideration of the
Intelligence Authorization Act for Fiscal Year 1998, and
based upon our mutual understanding and agreement as to your
Committee's jurisdiction over matters relating to taxes and
tariffs, this provision was included in the Authorization Act
for Fiscal Year 1998 as section 304 of that Act. A copy of
that provision, as enacted (P.L. 105-107), is also included
for your review.
I hope that we can, consistent with the agreement reached
last year, once again agree that this provision may be
included in
H.R. 3694, and any resulting Conference Report,
without objection from the Committee on Ways and Means.
There is no doubt that this provision falls squarely within
the scope of Clause 5(b) of House Rule XXI, which provides
that no tax or tariff provision may be considered by the
House that has not been considered by the Committee on Ways
and Means.
This provision is of critical importance to the protection
of intelligence sources and methods whenever a proliferation
violation has been identified and sanctions are deemed to be
the appropriate method of discipline. This provision supplies
the President with the necessary flexibility to address the
competing interests of punishing the violators and protecting
our national security interests at the same time. I
appreciate your recognition of this important aspect of this
section of our bill.
I would also offer that any modification of this provision
in future Intelligence Authorization bills, beyond a mere
reauthorization for additional periods of time, will be
subject to consultation between our Committees, and, if
agreement cannot be reached, subject to points of order
pursaunt to Clause 5(b) of House Rule XXI.
Thank you for your cooperation in this regard and I look
forward to your support for
H.R. 3694.
With all best wishes, I remain
Sincerely yours,
Porter J. Goss,
Chairman.
____
``(b) Benefits, Allowances, Travel, Incentives.--An
employee detailed under subsection (a) may be authorized any
benefit, allowance, travel, or incentive otherwise provided
to enhance staffing by the organization from which the
employee is detailed.
``(c) Annual Report.--Not later than March 1, 1999, and
annually thereafter, the Director of Central Intelligence
shall submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate a report describing
the detail of intelligence community personnel pursuant to
subsection (a) during the 12-month period ending on the date
of the report. The report shall set forth the number of
personnel detailed, the identity of parent and host agencies
or elements, and an analysis of the benefits of the
details.''.
(b) Technical Amendment.--Sections 120, 121, and 110 of the
National Security Act of 1947 are hereby redesignated as
sections 110, 111, and 112, respectively.
(c) Clerical Amendment.--The table of contents in the first
section of such Act is amended by striking out the items
relating to sections 120, 121, and 110 and inserting in lieu
thereof the following:
``Sec. 110. National mission of National Imagery and Mapping Agency.
``Sec. 111. Collection tasking authority.
``Sec. 112. Restrictions on intelligence sharing with the United
Nations.
``Sec. 113. Detail of intelligence community personnel--intelligence
community assignment program.''.
(d) Effective Date.--The amendment made by subsection (a)
shall apply to an employee on detail on or after January 1,
1997.
SEC. 304. EXTENSION OF APPLICATION OF SANCTIONS LAWS TO
INTELLIGENCE ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C.
441d) is amended by striking out ``January 6, 1998'' and
inserting in lieu thereof ``January 6, 1999''.
SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the national
security interests of the United States and consistent with
operational and security concerns related to the conduct of
intelligence activities, and where fiscally sound, should
competitively award contracts in a manner that maximizes the
procurement of products properly designated as having been
made in the United States.
SEC. 306. SENSE OF CONGRESS ON RECEIPT OF CLASSIFIED
INFORMATION.
It is the sense of Congress that Members of Congress have
equal standing with officials of the Executive Branch to
receive classified information so that Congress may carry out
its oversight responsibilities under the Constitution.
SEC. 307. PROVISION OF INFORMATION ON CERTAIN VIOLENT CRIMES
ABROAD TO VICTIMS AND VICTIMS' FAMILIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national interests of the United States to
provide information regarding the killing, abduction,
torture,
____
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking out the following item:
``Assistant Directors of Central Intelligence (3).''.
(b) Expansion of Duties of Deputy Director of Central
Intelligence for Community Management.--Subsection 102(d)(2)
of the National Security Act of 1947 (50 U.S.C. 403(d)(2)) is
amended by striking out subparagraph (B) through (D) and
inserting in lieu thereof the following new subparagraphs:
``(B) Carrying out the responsibilities of the Director
under paragraphs (1) through (5) of section 103(c).
``(C) Carrying out such other responsibilities as the
Director may direct.''.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C.
441d) is amended by striking out ``January 6, 1999'' and
inserting in lieu thereof ``January 6, 2000.''.
SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible
Mr. Chairman, I reserve the balance of my time.
Mr. DICKS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the Permanent Select Committee on Intelligence strives
to report an authorization bill each year which is free of partisan
division. While we have been generally successful in that effort, from
time to time we have been divided on significant issues of substance.
This year, I am pleased to report that we have produced legislation
which is not only bipartisan but without major substantive disagreement
as well.
{time} 1215
Credit for that result goes to the gentleman from Florida (Mr. Goss)
who has worked tirelessly to ensure that the views of all Members are
reflected
[[Page
H2948]]
in the work of the committee. I commend him for the leadership he has
exhibited as chairman and for his willingness to work with committee
Democrats on matters of importance to us.
For two of the Democratic Members, the gentleman from Colorado (Mr.
Skaggs) and the gentlewoman from California (Ms. Harman), this will be
the final intelligence authorization bill they will bring to the floor.
Although I look forward to working with them to get a conference report
enacted, I want to thank them for their many contributions to the work
of the committee.
The willingness of the gentleman from Colorado (Mr. Skaggs) to tackle
issues like declassification and the need to make greater use of
intelligence in nontraditional ways has been invaluable. And the
efforts of the gentlewoman from California (Ms. Harman) to encourage
development of the complex systems through which intelligence will be
collected in the future were also of great assistance.
This will be my last authorization bill, as well. I have enjoyed my 8
years of service on the committee and look forward to keeping up with
intelligence issues when they come before the Committee on
Appropriations. I have been impressed tremendously by not only the
importance of intelligence to our Nation's security, but by the
dedication, often under circumstances of great hardship and danger, of
the men and women who work in our intelligence agencies.
The authorization bill for fiscal year 1999 will make improvements in
intelligence capabilities that need to be modernized either because of
technological advances or because they require greater emphasis to
respond to changing threats. The bill is only marginally more, in the
aggregate 0.1 percent, than the amount requested by the President.
Although the committee chose to place a different spending priority on
certain items than did the administration, I do not believe that we
have done harm to any initiative or activity which the Director of
Central Intelligence or the Secretary of Defense consider crucial.
Generating public support for spending on intelligence programs,
given their classified nature, is never going to be easy. Although it
should be common sense that the possession of information in advance
about the military plans of an enemy, the bottom-line position of
another government in a diplomatic negotiation, the location of a
terrorist cell, or the scientific and technical capability of someone
trying to develop a weapon of mass destruction should be invaluable, we
sometimes forget that the acquisition of access to that kind of
information is time consuming and expensive. I do not believe we need
to justify intelligence spending on the basis of some esoteric
calculation about whether our national security is more or less at risk
than when the Soviet Union was in place.
We will always have threats to our security. Some will be
predictable, some will not. Dealing with them requires accurate and
timely information, some of which can be provided only by intelligence
agencies. There is a cost to maintaining the capability to provide that
information when required, and that cost is significant. The cost if
the information is not available, however, is potentially far greater.
Our job on the committee is to ensure that the means necessary to
provide intelligence on matters which demonstrably affect national
security are available at a cost which is not excessive relative to
their importance. I believe the 21-year record of the committee in this
effort, including the bill now before the House, has been exceptional.
Besides recommending spending levels, an authorization bill and
accompanying report also make judgments about the manner in which
programs are being managed. I believe that one of the chief
responsibilities of an oversight committee is to monitor the activities
of the agencies under its jurisdiction in a manner which is both
aggressive and thorough. I also believe that oversight should be
constructive and fair. I am concerned about the tone of some of the
recent criticism of the work of two agencies, the National
Reconnaissance Office, (NRO), and the National Imagery and Mapping
Agency (NIMA).
The United States has an intelligence capability second to none in
the world. Much of that preeminence is due to the performance of the
systems acquired and operated by the NRO. These systems are
extraordinarily complex and expensive. We are now in the midst of an
effort to modernize these systems. When the need for modernization was
made clear several years ago by then-Director of Central Intelligence
Jim Woolsey, and Congress agreed to embark on a plan to accomplish it,
it was with the understanding that substantial amounts of money would
have to be expended in the short term to produce savings in the future.
We have spent much of the intervening years altering in sometimes
significant ways the components of the plan, which has added to the
costs that have to be met in the near term and delayed the realization
of the expected long-term savings as well. It is disingenuous to have
been a part of this practice and then to complain about the effects it
has produced on the NRO's budget.
NIMA is a new agency created less than 2 years ago through the merger
of the Defense Mapping Agency and the imagery analysis elements of the
CIA and DIA. Like most mergers, this one, which I strongly supported
was not without problems, but I believe that NIMA personnel are
committed to having the agency fulfill its important mission
successfully.
Earlier this year I wrote to NIMA's customers to ask for an
evaluation of their performance. Secretary of Commerce Daley responded
that ``After working through some initial confusion regarding authority
and responsibility for certain products and services, support to
civilian agencies is now better than before the individual components
were combined into NIMA.''
James L. Witt, the Director of the Federal Emergency Management
Agency, wrote, ``The support and service provided by NIMA to support
disaster response activities have been and continue to be
outstanding.'' Sandy Berger, the President's National Security Advisor,
complimented NIMA on making a strong effort to provide high-quality
analysis and pronounced himself ``generally satisfied'' with the
results.
I do not believe that these comments reflect an agency that is
failing to do its job or one that is ignoring the needs of nonmilitary
consumers to concentrate on those of the military, as some had feared.
Any enterprise involving human beings can be made better, but I think
it is not helpful to make final judgments, pro or con, about an agency
in its infancy. I offer these thoughts in the hope that they will
provide perspective in evaluating the performance of the NRO and NIMA
in the days ahead.
Mr. Chairman,
H.R. 3694 is a good bill which will advance the
interest of military and civilian consumers of intelligence. I urge
that it be approved by the House.
I would also like to compliment both the majority staff and the
Democratic minority staff. I think this committee has been blessed over
the years with an outstanding staff. And I want to particularly thank
Mike Sheehy and the Democratic staff members whom I have had the
privilege of working with for the last 4 years.
Mr. Chairman, I reserve the balance of my time.
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
I simply want to say that I am very proud to have worked with and
learned from the gentleman from Washington (Mr. Dicks) as the ranking
member. He has been an extraordinary asset of the United States of
America in his capacity as a manager of the portfolio. He brings
wisdom, judgment and knowledge about military intelligence and
equipment to the table in our committee to the extent that I think no
other member has or can at this time. I hope he is not going to leave.
But if it turns out that way, we will miss him.
I also hope we are not going to lose anybody else. And for the
gentleman from Colorado (Mr. Skaggs) and the gentlewoman from
California (Ms. Harman), I share that view with all the other members.
I happen to feel that we have got an extraordinary committee and staff,
we are doing our job timely and well.
Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from New York
(Mr. Boehlert) to allow him to demonstrate what I have just said.
[[Page
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(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Chairman, we find ourselves in both a fiscal and
political environment in which we simply cannot fund every system and
program we would like. This applies whether intelligence or not
intelligence.
However, it is important for the American people to understand just
how critical intelligence is to the very survival of our Nation and our
way of life. On the way over to the Capitol this morning, I heard a
radio announcer refer to this bill as ``the bill to authorize America's
cloak-and-dagger operation.'' That sort of a label is correct in a way,
but unfortuantely, I believe it unintentionally misrepresents what this
bill is all about.
What this bill is about is the wise and prudent funding and oversight
of those intelligence collection analysis and dissemination function
necessary to provide for the security of our Nation, its interests, and
its citizens around the world. We are talking about what I refer to as
``counterprograms.'' We are not engaged in a world war, but we have
some very important counterprograms, counterterrorism,
counternarcotics, counterproliferation. These are all very important
activities, and this bill funds them.
Mr. Chairman, I would like to point out a couple of funcational
intelligence areas of particular interest in this bill. The first is
the emphasis this bill places on rebuilding leading-edge technology,
research and development. It is the basic research and development of
new technologies that are the easiest to cut in lean fiscal times. But
it is precisely these efforts that our future depends on and that we
must pay particular attention to and fund properly.
This bill puts great emphasis on future capabilities, albeit
sometimes imprudently at the expense of older so-called legacy systems.
Also, this bill emphasizes the need for a strong, well-trained and
funded reserve intelligence component.
Mr. Chairman, there are a lot of things I could say about this bill,
and I do not have the time to say them. Just let me say that as someone
who tried to be very attentive to my important responsibilities on this
committee, I admire the way the chairman and ranking member have worked
cooperatively. I admire the seriousness of purpose of all of the
members. I admire the product that we are producing, and I commend it
to the attention of all my colleagues and the American people.
We are doing the people's business in a wise and prudent manner.
Mr. DICKS. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Pelosi).
Ms. PELOSI. Mr. Chairman, I thank the distinguished gentleman from
Washington (Mr. Dicks), the ranking member, for yielding this time to
me and for his leadership on this important committee.
I rise, Mr. Chairman, to engage the gentleman from Florida (Mr.
Goss), the distinguished chair of the Permanent Select Committee on
Intelligence, in a colloquy concerning section 303 of the bill.
Before doing so, I want to commend our chairman for his leadership
also and to thank him for including full funding for the environmental
program in this legislation before us today, the recognition that new
issues need to be addressed, not that the environment is a new issue,
but new compared to its being a priority on the Permanent Select
Committee on Intelligence and in the intelligence authorization bill.
In any event, I rise to engage the gentleman in a colloquy.
As the chairman knows, this section of the bill extends for 1 year
the authority of the President to delay the imposition of a sanction
upon a determination that to proceed with the sanction would risk the
compromise of an ongoing criminal investigation or an intelligence
source or method.
My first question, Mr. Chairman, is whether the legislative history
of this provision, enacted in 1995, would be applicable to the
extension of the authority for 1 more year?
Mr. GOSS. Mr. Chairman, will the gentlewoman yield?
Ms. PELOSI. I yield to the gentleman from Florida.
Mr. GOSS. I would assure the gentlewoman from California that is the
intent of the committee, that the legislative history of this
provision, as it was developed in the debate in 1995, is applicable to
the exercise of this authority. Indeed, the report to accompany
H.R.
3694 reaffirms the joint explanatory statement of the committee of
conference on the Intelligence Authorization Act of Fiscal Year 1996 to
make completely clear that the original legislative history of this
provision continues to govern its implementation.
Ms. PELOSI. Mr. Chairman, is it then the case that the committee
intends that the provision will be narrowly construed and used only in
the most serious of circumstances when a specific sensitive
intelligence source or method or criminal investigation is at risk?
Mr. GOSS. If the gentlewoman would further yield, that is certainly
the intent of the committee.
Ms. PELOSI. Is it also the case that the law requires the
intelligence source or method or law enforcement matter in question
must be related to the activities giving rise to the sanction and the
provision is not to be used to protect generic or speculative
intelligence or law enforcement concerns?
Mr. GOSS. That is also the case.
Ms. PELOSI. Finally, Mr. Chairman, does the committee expect that
reports concerning a decision to stay the imposition of a sanction
shall include a determination that the delay in the imposition of a
sanction will not be seriously prejudicial to the achievement of the
United States' nonproliferation objectives or significantly increase
the threat or risk to U.S. military forces?
Mr. GOSS. Yes, it does.
Ms. PELOSI. Mr. Chairman, I thank the distinguished chairman of our
committee for engaging in this colloquy and for his confirmation of the
understanding that we had when this provision was first enacted.
Mr. DICKS. Mr. Chairman, will the gentlewoman yield?
Ms. PELOSI. I am pleased to yield to the gentleman from Washington.
Mr. DICKS. I wanted just to say that I concur in all the statements
made by the chairman. This is also the understanding that I have of
this provision.
Ms. PELOSI. I thank the ranking member for his cooperation and
concurrence in the view of the chairman.
Mr. DICKS. And I want to compliment the gentlewoman for her diligence
on this important matter.
{time} 1230
Mr. GOSS. Mr. Chairman, I yield 3 minutes to the gentleman from
Florida (Mr. Young), chairman of the Appropriations Subcommittee on
National Security.
Mr. DICKS. Mr. Chairman, I yield 30 seconds to the gentleman from
Florida (Mr. Young).
Mr. YOUNG of Florida. Mr. Chairman, I rise in strong support of this
intelligence authorization bill. I want to compliment the gentleman
from Florida (Mr. Goss). He has done an outstanding job. I have had the
privilege of working on the Permanent Select Committee on Intelligence
for 14 years now, two different terms. I have to say that the gentleman
from Florida has been outstanding in the leadership that he provides
for the committee and also to the gentleman from Washington (Mr.
Dicks), we have worked together for so many years, he is a member of
our subcommittee. We have the unusual relationship of being members of
the Permanent Select Committee on Intelligence as well as members of
the appropriations subcommittee that provides the funding for the
Permanent Select Committee on Intelligence. The gentleman from
Washington does a really good job. He is very dedicated to a good
intelligence bill.
That is what this is. This is a good intelligence bill. It provides
not as much as we would like to have provided for our intelligence
activities, but it provides the best that we can with the budget
constraints that we are faced with today.
There are those of us who believe that we are not making a strong
enough investment in our national security, at any part of our national
defense structure, whether it be the operational military forces or the
intelligence community. But the intelligence community is the eyes and
ears of our national capabilities. We have to have information, we have
to know what is happening in the world, we have to know what threats
there might be out there.
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The intelligence community does an outstanding job, I might say. I
might be criticized for that statement because all you ever hear is the
bad news. If an intelligence agent happens to go bad, which does happen
on occasion, or if a mistake is made, you hear about that but you do
not hear about the good things that the intelligence community brings
to our overall national security effort. I wish we could talk about
some of those on the floor in open session today, but obviously we
cannot because it is essential that the sources that we use for
developing our own intelligence information and the methods that we use
and the people who are involved in this have to be protected. Their
mission is extremely important and their lives could very well be at
risk if we went into a lot of detail.
I know that there will probably be some amendments offered to reduce
the authorized level of funding in this bill. I would urge the Members
not to support this. This bill does not provide enough authorization
for funding to do the things that we ought to be doing in our national
security effort, but it is the best we could do with the budget
constraints.
I suggest that we defeat any amendments that would tend to reduce the
investment in our intelligence capability and let us pass this good
bill and get it on to the Senate so we can get it to the President.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Washington.
Mr. DICKS. Mr. Chairman, I just want to compliment the gentleman for
his statement and I want to concur in it. Sometimes I think there is a
question out there about whether intelligence is really that important.
I think it is our ace in the hole. I think it is what gives America an
extraordinary advantage over any potential foe. Our human intelligence,
our national technical means, are remarkable assets to this country. In
every conflict we have been in in recent years, they have given us a
tremendous advantage. I think the work of the defense subcommittee and
the authorization committee to come up with a good bill that keeps that
going is essential to the future of the country.
Mr. YOUNG of Florida. Mr. Chairman, I appreciate the gentleman's
comments. He is right on track.
Mr. DICKS. Mr. Chairman, I yield 2 minutes to the gentleman from
Missouri (Mr. Skelton), the ranking member of the Committee on National
Security.
Mr. SKELTON. Mr. Chairman, I rise in support of
H.R. 3694. I have a
rather unique position and opportunity. As ranking member of the
Committee on National Security and as a member of this Permanent Select
Committee on Intelligence, I can personally testify to the importance
of intelligence to our military commanders in the field, to our troops
who are daily supporting our peacekeeping efforts in places like Iraq,
in Macedonia and to our pilots in the Iraqi no-fly-zone.
Cicero once said that gratitude is the greatest of all virtues. I am
not sure we say thank you enough to the members of the intelligence
community. What they do so often is not known. Yet it pays off in
knowledge to the commanders in chief in the field, to the President, to
the Secretary of Defense, to the Secretary of State, and, of course, to
this body.
Intelligence is critical to successful operations and to the safety
of our men and women in uniform. Intelligence also plays a crucial role
in the Joint Chiefs of Staff's plan for the 21st century, Dominant
Battlespace Awareness, which hinges on our intelligence investment.
Critical to the Joint Chiefs' plan, as well as to daily air, sea, and
ground operations, are the mapping products created by the National
Imagery and Mapping Agency. Although I support this bill, I am frankly
concerned with the reductions in the operations and maintenance funds
for the National Imagery and Mapping Agency. I think the cuts are
unjustified and excessive. I fear that they will have an unacceptable
impact on the production of products for the unified commands and for
the State Department peacekeeping negotiations. I am also concerned
that these cuts will result in the unwarranted elimination of jobs from
an agency that does not have sufficient staffing to meet military
requirements today.
Mr. GOSS. Mr. Chairman, I yield 2\1/2\ minutes to the distinguished
gentleman from New Hampshire (Mr. Bass).
Mr. BASS. Mr. Chairman, as a member of the Permanent Select Committee
on Intelligence, I welcome the opportunity to speak in support of
H.R.
3694, the Intelligence Authorization Act for Fiscal Year 1999. I would
also like to associate myself with the very good comments of the
gentleman from Florida (Mr. Young) and the gentleman from Washington
(Mr. Dicks) concerning the strategic importance of intelligence. I
would only add to that by saying that intelligence is also more than
military and tactical in nature. There are civilian aspects to
intelligence that are very important to the national security of this
country that go beyond support to our military and provide the kind of
protection for the citizens of the United States, not only domestically
but abroad, that we all need and cherish.
This is one of the safest countries in the world in which to live.
Part of the reason for that is the fact that we know what our enemies
are doing and we know what their plans and intentions are better
perhaps than anybody else in the world.
I would like to address if I could for a second the budget itself.
The legislation before us today refocuses the President's request upon
four major priorities for intelligence in the next century. Firstly, it
accelerates the recapitalization of a signals intelligence program that
has produced invaluable information against the new transnational
targets of the post-Cold War world.
Secondly, our bill begins the process, after years of drawdowns and
reductions, of rebuilding a clandestine human intelligence program that
has provided much of our intelligence on the plans and intentions of
terrorists, traffickers and other adversaries.
Thirdly, our bill continues the strengthening of the analysis part of
intelligence collection that provides both assessment to our
policymakers and guidance to the collectors.
Finally, our bill enhances the capability of the President to direct
and accomplish covert actions when he deems such actions necessary to
U.S. foreign policy and our national security. The purpose of our mark
in each of these areas is to strengthen the capabilities that will
provide policymakers with the intelligence that they will need in the
next century.
Mr. Chairman, there were also strategic cuts in the budget, made
after much investigation and on a line-by-line basis, on programs that
will mostly be effective in the 21st century. The intelligence
community has for the most part moved forward effectively against new
and difficult issues. There are some areas where we can make some
reductions and do so in a prudent fashion.
Once again, Mr. Chairman, I am happy to rise in support of this
bipartisan authorization bill. I want to commend both the gentleman
from Florida and the gentleman from Washington for having done an
excellent job working together to produce this important bill.
Mr. DICKS. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Cardin), a good solid member of the Committee on Ways and
Means.
Mr. CARDIN. Mr. Chairman, I thank the gentleman for yielding me this
time and congratulate both the gentleman from Florida and the gentleman
from Washington for bringing forward a product that deserves the
support of this House. I have said before that whenever an intelligence
authorization or appropriations is before us, the proponents are at a
disadvantage because people can attack the intelligence community. A
lot of this is confidential. They do not have the opportunity sometimes
to defend themselves.
The United States has the most sophisticated intelligence apparatus
in the world. We have the best trained professionals in the world. Yet
we have the most difficult challenges of any nation in this world. We
work in a bipartisan manner in order to provide authorization and
appropriations for our intelligence agencies. I really do applaud the
leadership of this House for
[[Page
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doing that. For the security of our country and for the manner in which
this has been handled in the House, it deserves our support.
I must tell my colleagues, though, that I was somewhat disappointed
by some of the tone in the language as it related to some of our
intelligence agencies. But I am very pleased to see that the report
acknowledges that we must invest in the recapitalization and
modernization of our SIGINT capacities. I think that is very important
for this country.
I have visited NSA on numerous occasions and know the dedication of
the men and women in public service for our country. They represent
some of our brightest minds in our Nation. But if we are going to be
able to attract the best from our universities and colleges so that we
can maintain that capacity in the future, it is important that we
authorize adequate funds and appropriate adequate funds for our
intelligence operation.
Mr. Chairman, I am pleased that we were able to bring this product
forward in a bipartisan manner. I hope that this body will support the
work of the committee, support the authorization and later support the
appropriation.
Mr. GOSS. Mr. Chairman, I appreciate the distinguished gentleman from
Maryland's remarks. We have worked together on many things. His support
is very important.
Mr. Chairman, I yield 2 minutes to the distinguished gentleman from
Illinois (Mr. Hastert), the chairman of the task force to counter the
drug problem.
Mr. HASTERT. Mr. Chairman, I appreciate the fine work of the
Permanent Select Committee on Intelligence. I am pleased to join my
colleagues from the Permanent Select Committee on Intelligence in
support of
H.R. 3694, the fiscal year 1999 intelligence authorization
bill. As chairman of the Committee on Government Reform and Oversight,
Subcommittee on National Security, and the Task Force for a Drug-Free
America, I have had an opportunity to visit a wide range of
counternarcotic programs in this country and overseas during the past
few years. I have seen the effectiveness of the information produced by
our intelligence community in identifying and tracking major narcotics
trafficking activities. This intelligence information is essential to
facilitating the law enforcement community's effort to slow the flood
of cocaine and heroin that is pouring into our country. I have been
particularly impressed by the growing coordination between the
intelligence community and the law enforcement agencies to jointly
target major narcotrafficking groups.
Despite this good news, I regret to report that we are stopping no
more than 15 to 20 percent of the drugs flowing from the source
countries of Colombia, Peru and Bolivia. We have the best intelligence
organization in the world, but we lack the capability to act
effectively on the information that we collect against
narcotraffickers. It is clear that the administration's current source
zone strategy is having only a very limited impact on cocaine and opium
production in the source countries. We need to provide sufficient
political will, sufficient resources and sufficient personnel to this
effort.
Equally, the transit zone strategy is undermined by an unwillingness
to seek sufficient air, ground and maritime resources to track, pursue
and stop narcotrafficking moving through Central America, the Caribbean
and Mexico. Based on numerous meetings with foreign narcotics officials
and U.S. Government personnel serving in the field, I am quite
persuaded that much more could be achieved if we would be willing to
come forward and seek the necessary resources to step up the
eradication and interdiction of cocaine and heroin.
Mr. Chairman, this is an important piece of legislation. Intelligence
is the key to stopping narcotics traffic in this country and this
hemisphere. I support this legislation.
Mr. DICKS. Mr. Chairman, I yield 4 minutes to the gentleman from
Georgia (Mr. Bishop).
Mr. BISHOP. Mr. Chairman, I rise in strong support of
H.R. 3694, the
Intelligence Authorization Act for Fiscal Year 1999. Let me first
congratulate the gentleman from Florida (Mr. Goss) and the gentleman
from Washington (Mr. Dicks) for their tireless efforts in producing a
bipartisan bill that addresses the needs of the intelligence community.
There is arguably no greater consumer of intelligence than our Nation's
Armed Forces. Despite the end of the Cold War, the requirements of our
military for better and more timely intelligence has actually increased
rather than decreased.
This is the result of a number of factors, including transitional
issues such as terrorism and the proliferation of weapons of mass
destruction. Perhaps no incident better illustrates the threat that
terrorism poses to the men and women of our armed services than the
cowardly and callous terrorist bombing of Khobar Towers in Saudi
Arabia.
{time} 1245
Our forces in Bosnia remain exposed to the threat of terrorism, and
it is the i
Major Actions:
All articles in House section
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
(House of Representatives - May 07, 1998)
Text of this article available as:
TXT
PDF
[Pages
H2944-H2978]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
Mr. GOSS. Mr. Speaker, by direction of the Committee on Rules, I call
up House Resolution 420 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 420
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 1(b) of rule
XXIII, declare the House resolved into the Committee of the
Whole House on the state of the Union for consideration of
the bill (
H.R. 3694) to authorize appropriations for fiscal
year 1999 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. The
first reading of the bill shall be dispensed with. Points of
order against consideration of the bill for failure to comply
with clause 2(l)(6) of rule XI are waived. General debate
shall be confined to the bill and shall not exceed one hour
equally divided and controlled by the chairman and ranking
minority member of the Permanent Select Committee on
Intelligence. After general debate the bill shall be
considered for amendment under the five-minute rule. It shall
be in order to consider as an original bill for the purpose
of amendment under the five-minute rule the amendment in the
nature of a substitute recommended by the Permanent Select
Committee on Intelligence now printed in the bill, modified
by striking section 401 (and redesignating succeeding
sections accordingly). That amendment in the nature of a
substitute shall be considered by title rather than by
section. Each title shall be considered as read. Points of
order against that amendment in the nature of a substitute
for failure to comply with clause 7 of rule XVI or clause
5(b) of rule XXI are waived. No amendment to that amendment
in the nature of a substitute shall be in order unless
printed in the portion of the Congressional Record designated
for that purpose in clause 6 of rule XXIII. Printed
amendments shall be considered as read. The chairman of the
Committee of the Whole may: (1) postpone until a time during
further consideration in the Committee of the Whole a request
for a recorded vote on any amendment; and (2) reduce to five
minutes the minimum time for electronic voting on any
postponed question that follows another electronic vote
without intervening business, provided that the minimum time
for electronic voting on the first in any series of questions
shall be 15 minutes. At the conclusion of consideration of
the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. Any Member may demand a separate vote in the House
on any amendment adopted in the Committee of the Whole to the
bill or the amendment in the nature of a substitute made in
order as original text. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion except one motion to
recommit with or without instructions.
The SPEAKER pro tempore. The gentleman from Florida (Mr. Goss) is
recognized for 1 hour.
[[Page
H2945]]
Mr. GOSS. Mr. Speaker, for the purposes of debate only, I yield the
customary 30 minutes to my friend, the gentlewoman from New York (Ms.
Slaughter), pending which I yield myself such time as I may consume.
During consideration of this resolution, all time yielded is for the
purpose of debate only.
Mr. Speaker,
H. Res. 420 is a modified open rule providing for the
consideration of
H.R. 3694, the Fiscal Year 1999 Intelligence
Authorization Act. What makes this rule modified open instead of fully
open is a preprinting requirement for amendments, whose purpose is to
ensure that the Permanent Select Committee on Intelligence has an
opportunity to work with Members seeking to offer germane amendments to
ensure that important issues are addressed without threatening
disclosure of sensitive, classified information. This preprinting
requirement has become standard procedure for consideration of the
annual intelligence authorization and has not been controversial.
Because the leadership sought to have this bill on the floor today,
the rule also includes a waiver of points of order against the
consideration of the bill for failure to comply with the clause 2(1)(6)
of rule XI, which requires a three-day layover of a committee report.
The committee's report was properly filed on Tuesday of this week,
and Members have had notice of availability of classified portions of
the authorization measure since late last week when public
announcements were, indeed, made from the floor.
It is my understanding that there is no objection to this slight
speeding up of the schedule to accommodate changes stemming from the
unrelated scheduling matters and to accommodate Members' travel plans.
The rule provides for 1 hour of general debate on the bill, time
equally divided between the chairman and ranking member of the
Permanent Select Committee on Intelligence.
In addition, the rule makes in order as an original bill for the
purpose of an amendment the committee amendment in the nature of a
substitute now printed in the bill, modified by striking section 401 of
the bill.
That modification, a self-executing change accomplished through the
rule, is designed to addressed a Budget Act technicality relating to a
provision of the bill extending the early-out retirement program for
the CIA.
We were advised that, due to the fact that we still await this year's
budget resolution, the early-out provision found in title IV of the
bill causes a Budget Act problem, and so the provision is being removed
from the bill with the understanding that the substance of the issue
will be addressed at a later stage of legislative process of
H.R. 3694.
{time} 1200
The rule further provides that the amendment in the nature of a
substitute shall be considered by title and that each title shall be
considered as read.
The rule also waives points of order against the committee amendment
for failure to comply with clause 7 of rule XVI prohibiting nongermane
amendments or clause 5(b) of rule XXI, prohibiting tax or tariff
provisions in a bill not reported by a committee with jurisdiction over
revenue measures. Both of these waivers apply to a section of
H.R. 3694
regarding the application of sanctions laws to intelligence activities
in title III of the bill. That provision is nongermane to the
introduced version of
H.R. 3694, and it deals with subject matter
falling within the jurisdiction of the Committee on Ways and Means.
Based on an exchange of letters between the two committees, there is
no controversy on this matter. However, these waivers are necessary
under the rules of the House. And during general debate, I will
introduce into the Record that correspondence between the two
committees.
I would also point out for the record the Committee on National
Security has, by letter, discharged itself from consideration of the
matters in this bill that fall within its purview.
Mr. Speaker, the rule permits the Chairman of the Committee of the
Whole to postpone the vote on any amendment and reduce voting time to 5
minutes on any series of questions provided that the first vote shall
not be less than 15 minutes.
Finally, the rule provides for the traditional motion to recommit
with or without instructions.
Mr. Speaker, that was a long explanation of a rule that is, in fact,
straightforward, simple, and traditional for this piece of legislation.
I know of no controversy about this rule. I urge Members to support
this rule.
Mr. Speaker, I reserve the balance of my time.
Ms. SLAUGHTER. Mr. Speaker, I thank the gentleman from Florida for
yielding to me the customary 30 minutes, and I yield myself such time
as I may consume.
(Ms. SLAUGHTER asked and was given permission to revise and extend
her remarks.)
Ms. SLAUGHTER. Mr. Speaker, I do not oppose this rule. It allows
amendments that are germane to be offered. However,
H. Res. 420 does
include one waiver of a House rule that troubles me. The rule waives
clause 2(L)(6) of rule XI that provides for a 3-day layover of the
committee report accompanying the bill.
This House rule allows Members time to study the report and decide
whether they would like to offer or support amendments. The 3-day
opportunity to study the bill and report is particularly important in
this case because many provisions of the intelligence bills are
classified and, if a Member wishes to review those portions, a Member
must make arrangements with the Permanent Select Committee on
Intelligence. To cut short the standard review time under these
circumstances is unfortunate.
And while I understand that the majority and the minority on the
Permanent Select Committee on Intelligence had no objection to the
waiver, we should note that it is not the committee's rights but the
rights of Members not on the committee that the House rule is designed
to protect.
The gentleman from Florida (Mr. Goss), the chairman of the committee,
is to be commended for avoiding the need for waiver of the Budget Act
by self-executing in this rule an amendment striking the offending
section of the bill.
The Permanent Select Committee on Intelligence also worked with the
Committee on Ways and Means to gain its acquiescence to a violation of
a House rule designed to protect the jurisdiction of the Committee on
Ways and Means.
While I often question the need for a requirement for preprinting in
the Congressional Record, the sensitivity and the complexity of the
intelligence authorization bill justifies the requirement in this case.
Mr. Speaker, this rule allows the full House to consider germane
amendments offered by any Member. Under the rule, the House will be
able to debate important questions, such as whether to reduce the
overall size of the intelligence budget.
Mr. Speaker, I yield 3 minutes to the gentleman from Vermont (Mr.
Sanders).
Mr. SANDERS. Mr. Speaker, I thank the gentlewoman for yielding me
this time, and I rise in support of the rule.
I think it is a fair rule. Among other things, it, in fact, allows
this Congress to begin debating major priorities as to whether or not
we are going to increase spending for the intelligence budget, despite
the end of the Cold War and despite the fact that while we increase
funding for the intelligence budget, we have cut spending in Medicare
for our senior citizens, cut spending for veterans' programs, cut
spending in a dozen different areas that the middle-class and low-
income people of this country need.
So I applaud the chairman for bringing forth this rule. It is a fair
rule and it is going to allow us to have a serious debate on what we
want this Congress to be doing for the American people.
Ms. SLAUGHTER. Mr. Speaker, I yield back the balance of my time.
Mr. GOSS. Mr. Speaker, I yield myself such time as I may consume to
address the concerns of the gentlewoman from New York about the notice
given and accommodating Members' schedules today.
I am happy to report that several Members did take advantage of the
opportunity to come to the Permanent Select Committee on Intelligence
and participate in review of materials that were of interest to them.
So I think the
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H2946]]
word has gotten out and I think we have done our job properly.
Mr. Speaker, I yield back the balance of my time, and I move the
previous question on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore (Mr. Duncan). Pursuant to House Resolution
420 and rule XXIII, the Chair declares the House in the Committee of
the Whole House on the State of the Union for the consideration of the
bill,
H.R. 3694.
{time} 1205
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration the bill
(
H.R. 3694) to authorize appropriations for fiscal year 1999 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 (Mr. Thornberry) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered as having
been read the first time.
Under the rule, the gentleman from Florida (Mr. Goss) and the
gentleman from Washington (Mr. Dicks) each will control 30 minutes.
The Chair recognizes the gentleman from Florida (Mr. Goss).
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am pleased to bring the fiscal year 1999 intelligence
authorization to the floor today. As a strong believer in the
congressional oversight process, I hope Members have taken the
opportunity to examine this year's bill, including its classified annex
and, indeed, I know several Members have come upstairs to do just that.
The annual intelligence authorization, and its exhaustive review of
intelligence activities and capabilities that accompanies it, form the
cornerstone of our oversight process. This is truly a valuable exercise
for the Permanent Select Committee on Intelligence, for Congress as a
whole, and I think it is beneficial to the intelligence community as
well.
I want to take this opportunity to thank the members and staff of the
Permanent Select Committee on Intelligence from both sides of the aisle
whose hard work and long hours have enabled us to produce a
responsible, nonpartisan bill that was unanimously approved in
committee.
I would also like to thank the gentleman from South Carolina (Mr.
Floyd Spence), chairman of the Committee on National Security, and the
gentleman from Florida (Mr. Bill Young), chairman of the Subcommittee
on National Security of the Committee on Appropriations, for their
input and able assistance with this legislation.
H.R. 3694 authorizes funds for the fiscal year 1999 intelligence and
intelligence-related activities of the United States Government. That
is a big order. The National Security Act requires Congress
specifically to authorize all intelligence spending. That is unique.
As Members are aware, many of the details of the intelligence budget
are classified, including the total fiscal year 1999 budget request, or
top line. I can say, however, that
H.R. 3694's top line is
substantially in line with the President's request. The committee came
in a mere one-tenth of 1 percent above the President's level.
I would like to take a moment to explain the process by which the
committee arrived at this recommended spending level. What we did not
do was adopt an arbitrary number and fill in the blanks until we
reached our goal. Instead, the Permanent Select Committee on
Intelligence looked at each line of every program, examined its
effectiveness and how it fit in with the overall U.S. intelligence
requirements and priorities in today's world. Then we made our
decisions based on the merit and value of each program.
Mr. Chairman, throughout the committee's review of U.S. intelligence
capabilities, whether we were looking at satellite reconnaissance or
human intelligence, one fact stood out. The threats that face our
Nation demand that the intelligence community maintain a worldwide
vigilance and the resources to deal with a multitude of challenges and
new challenges.
The Cold War is over and the threat of nuclear war has been reduced.
Or has it? Unfortunately, the world still is a dangerous place for the
United States and its citizens, as we read in papers almost daily about
concerns about political stability in places like Russia, the chain of
command in Russia over the nuclear weapons, or perhaps even the Chinese
intercontinental ballistic missiles which we read in the newspapers are
targeted against U.S. cities, what they call city-buster bombs and an
ICBM capability.
To demonstrate this, we need look no further than our continuing
struggles with Iraq. Earlier this year the United States came to the
brink of military confrontation with Saddam Hussein; yet we did so
without all of the information necessary to support a serious campaign.
There were serious shortfalls in our ability to support policymakers
and military commanders at this critical time. Such gaps endanger U.S.
lives and interests and are not acceptable, tolerable, or necessary in
today's world.
We should not ignore Iraq or Iran or Libya or North Korea or other
rogue nations that are striving for and, in many cases achieving, the
means to threaten the United States. The risk that a terrorist group or
a rogue country will use a chemical, biological, or nuclear weapon
against the U.S. or an American citizen or American interests here or
abroad is increasing. Despite this fact, U.S. intelligence capabilities
have dwindled since the end of the Cold War. In effect, we are asking
the intelligence community for more and we are giving them less to do
it. And we are counting on them more.
The intelligence community needs to change the way it does business
to address these new threats. This year's authorization identifies five
areas that deserve particular attention.
One, our signals intelligence capabilities are in serious need of
modernization to keep up with the fast pace of communications and
technology improvement. I think it is fair to say that the golden days
of SIGINT may, in fact, be behind us, and we have been enjoying the
benefits of a very good SIGINT activity for many years. That may be
over because of technology. We need to deal with that.
Two, our clandestine espionage, or human intelligence as it is
called, that infrastructure needs to be rebuilt and refocused on
current priorities. It is fair to say, I think, that the cupboard is
nearly bare in the area of HUMINT. We are badly outnumbered by hostiles
in a lot of dangerous places in the world. That is intolerable,
unacceptable, and unnecessary.
The intelligence community needs to increase its analytical
capability in order to absorb and accurately gauge the immediate and
long-term implications of an ever-increasing volume of information. We
have stuff on hand we have not reviewed. We have not exploited it. And
it is stuff that would be useful to our decision-makers. We do not have
as much analytical capacity as we need. That can be fixed.
Covert action capabilities need to be restructured. I said
capabilities. Nobody is calling for covert action. We are calling for
more arrows in the quiver in case we do need it to suit the needs of
today's world and how to deal with problems we come against.
Fifth, and last, we need to ensure we maintain an active research and
development program in all intelligence areas.
H.R. 3694 addresses each of these priorities, in some cases by
providing additional funding; in others by redirecting existing
programs, resources, or restructuring ongoing programs.
In addition, the committee's review raised some fundamental questions
that the committee will review over the coming year. These include,
what are the proper priorities for our future overheads systems? How
can we manage the cost of a national reconnaissance program and yet
meet other critical requirements? Is the intelligence community
striking the right balance between our capacity to collect intelligence
and our capacity to analyze what is collected? Is the intelligence
community prepared to face the challenges of information and
operations, or cyber-warfare?
[[Page
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The future of our intelligence programs depends on finding the
answers to these and other questions. But for today, today we
understand very well our needs. We have provided for them in this
legislation. I think we have achieved an excellent balance. Mr.
Chairman, I urge all members to support
H.R. 3694 today.
Mr. Chairman, I submit the following:
House of Representatives,
Committee on Ways and Means,
Washington, DC, May 4, 1998.
Hon. Porter Goss,
Chairman, House Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Porter: I am writing in response to your letter of
April 29, 1998, which addresses
H.R. 3694, as reported by the
House Committee on Intelligence (Permanent Select) on April
29, 1998.
H.R. 3694 would amend Section 905 of the National
Security Act of 1947 by striking out ``January 6, 1998'' and
inserting in lieu thereof ``January 6, 1999''. The bill
contains an extension of application of sanctions laws to
intelligence activities.
As your letter notes, this provision falls within the
jurisdiction of the Committee on Ways and Means. Accordingly,
the Committee would ordinarily meet to consider the bill.
However, because the bill, as reported, extends for one year
an already existing application of sanctions laws to
intelligence activities, I do not believe that a markup of
the bill is necessary.
I appreciate your consultation with the Committee in
advance. I request your full support in joining me to prevent
any other expansion or changes to the application of
sanctions laws for intelligence activities other than the one
year extension agreed to here. I would further appreciate
your consultation with respect to this provision on any
future Intelligence Authorization bills, including a mere
reauthorization for additional periods of time. Of course, if
an agreement cannot be reached, the provision would be
subject to a point of order pursuant to Clause 5(b) of House
Rule XXI.
I would ask that a copy of our exchange of letters on this
matter be included in the record during floor consideration.
Thank you for your cooperation and assistance on this
matter. With best personal regards,
Sincerely,
Bill Archer,
Chairman.
____
House of Representatives, Permanent Select Committee on
Intelligence,
Washington, DC, April 28, 1998.
Hon. Bill Archer,
Chairman, Committee on Ways and Means,
Longworth House Office Building, Washington, DC.
Dear Bill: I am writing to you concerning the planned
inclusion of a provision in the ``Intelligence Authorization
Act for Fiscal year 1999'' (
H.R. 3694), which we expect to
mark up on Wednesday, April 29, 1998, and report to the House
early next week. I have included a copy of the proposed
section for your consideration.
As you know, this provision relates to the application of
sanctions laws to intelligence activities and simply extends
the life of the provision for one additional year. As you
will recall during last year's consideration of the
Intelligence Authorization Act for Fiscal Year 1998, and
based upon our mutual understanding and agreement as to your
Committee's jurisdiction over matters relating to taxes and
tariffs, this provision was included in the Authorization Act
for Fiscal Year 1998 as section 304 of that Act. A copy of
that provision, as enacted (P.L. 105-107), is also included
for your review.
I hope that we can, consistent with the agreement reached
last year, once again agree that this provision may be
included in
H.R. 3694, and any resulting Conference Report,
without objection from the Committee on Ways and Means.
There is no doubt that this provision falls squarely within
the scope of Clause 5(b) of House Rule XXI, which provides
that no tax or tariff provision may be considered by the
House that has not been considered by the Committee on Ways
and Means.
This provision is of critical importance to the protection
of intelligence sources and methods whenever a proliferation
violation has been identified and sanctions are deemed to be
the appropriate method of discipline. This provision supplies
the President with the necessary flexibility to address the
competing interests of punishing the violators and protecting
our national security interests at the same time. I
appreciate your recognition of this important aspect of this
section of our bill.
I would also offer that any modification of this provision
in future Intelligence Authorization bills, beyond a mere
reauthorization for additional periods of time, will be
subject to consultation between our Committees, and, if
agreement cannot be reached, subject to points of order
pursaunt to Clause 5(b) of House Rule XXI.
Thank you for your cooperation in this regard and I look
forward to your support for
H.R. 3694.
With all best wishes, I remain
Sincerely yours,
Porter J. Goss,
Chairman.
____
``(b) Benefits, Allowances, Travel, Incentives.--An
employee detailed under subsection (a) may be authorized any
benefit, allowance, travel, or incentive otherwise provided
to enhance staffing by the organization from which the
employee is detailed.
``(c) Annual Report.--Not later than March 1, 1999, and
annually thereafter, the Director of Central Intelligence
shall submit to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate a report describing
the detail of intelligence community personnel pursuant to
subsection (a) during the 12-month period ending on the date
of the report. The report shall set forth the number of
personnel detailed, the identity of parent and host agencies
or elements, and an analysis of the benefits of the
details.''.
(b) Technical Amendment.--Sections 120, 121, and 110 of the
National Security Act of 1947 are hereby redesignated as
sections 110, 111, and 112, respectively.
(c) Clerical Amendment.--The table of contents in the first
section of such Act is amended by striking out the items
relating to sections 120, 121, and 110 and inserting in lieu
thereof the following:
``Sec. 110. National mission of National Imagery and Mapping Agency.
``Sec. 111. Collection tasking authority.
``Sec. 112. Restrictions on intelligence sharing with the United
Nations.
``Sec. 113. Detail of intelligence community personnel--intelligence
community assignment program.''.
(d) Effective Date.--The amendment made by subsection (a)
shall apply to an employee on detail on or after January 1,
1997.
SEC. 304. EXTENSION OF APPLICATION OF SANCTIONS LAWS TO
INTELLIGENCE ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C.
441d) is amended by striking out ``January 6, 1998'' and
inserting in lieu thereof ``January 6, 1999''.
SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible with the national
security interests of the United States and consistent with
operational and security concerns related to the conduct of
intelligence activities, and where fiscally sound, should
competitively award contracts in a manner that maximizes the
procurement of products properly designated as having been
made in the United States.
SEC. 306. SENSE OF CONGRESS ON RECEIPT OF CLASSIFIED
INFORMATION.
It is the sense of Congress that Members of Congress have
equal standing with officials of the Executive Branch to
receive classified information so that Congress may carry out
its oversight responsibilities under the Constitution.
SEC. 307. PROVISION OF INFORMATION ON CERTAIN VIOLENT CRIMES
ABROAD TO VICTIMS AND VICTIMS' FAMILIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national interests of the United States to
provide information regarding the killing, abduction,
torture,
____
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking out the following item:
``Assistant Directors of Central Intelligence (3).''.
(b) Expansion of Duties of Deputy Director of Central
Intelligence for Community Management.--Subsection 102(d)(2)
of the National Security Act of 1947 (50 U.S.C. 403(d)(2)) is
amended by striking out subparagraph (B) through (D) and
inserting in lieu thereof the following new subparagraphs:
``(B) Carrying out the responsibilities of the Director
under paragraphs (1) through (5) of section 103(c).
``(C) Carrying out such other responsibilities as the
Director may direct.''.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C.
441d) is amended by striking out ``January 6, 1999'' and
inserting in lieu thereof ``January 6, 2000.''.
SEC. 305. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence community, whenever compatible
Mr. Chairman, I reserve the balance of my time.
Mr. DICKS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the Permanent Select Committee on Intelligence strives
to report an authorization bill each year which is free of partisan
division. While we have been generally successful in that effort, from
time to time we have been divided on significant issues of substance.
This year, I am pleased to report that we have produced legislation
which is not only bipartisan but without major substantive disagreement
as well.
{time} 1215
Credit for that result goes to the gentleman from Florida (Mr. Goss)
who has worked tirelessly to ensure that the views of all Members are
reflected
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in the work of the committee. I commend him for the leadership he has
exhibited as chairman and for his willingness to work with committee
Democrats on matters of importance to us.
For two of the Democratic Members, the gentleman from Colorado (Mr.
Skaggs) and the gentlewoman from California (Ms. Harman), this will be
the final intelligence authorization bill they will bring to the floor.
Although I look forward to working with them to get a conference report
enacted, I want to thank them for their many contributions to the work
of the committee.
The willingness of the gentleman from Colorado (Mr. Skaggs) to tackle
issues like declassification and the need to make greater use of
intelligence in nontraditional ways has been invaluable. And the
efforts of the gentlewoman from California (Ms. Harman) to encourage
development of the complex systems through which intelligence will be
collected in the future were also of great assistance.
This will be my last authorization bill, as well. I have enjoyed my 8
years of service on the committee and look forward to keeping up with
intelligence issues when they come before the Committee on
Appropriations. I have been impressed tremendously by not only the
importance of intelligence to our Nation's security, but by the
dedication, often under circumstances of great hardship and danger, of
the men and women who work in our intelligence agencies.
The authorization bill for fiscal year 1999 will make improvements in
intelligence capabilities that need to be modernized either because of
technological advances or because they require greater emphasis to
respond to changing threats. The bill is only marginally more, in the
aggregate 0.1 percent, than the amount requested by the President.
Although the committee chose to place a different spending priority on
certain items than did the administration, I do not believe that we
have done harm to any initiative or activity which the Director of
Central Intelligence or the Secretary of Defense consider crucial.
Generating public support for spending on intelligence programs,
given their classified nature, is never going to be easy. Although it
should be common sense that the possession of information in advance
about the military plans of an enemy, the bottom-line position of
another government in a diplomatic negotiation, the location of a
terrorist cell, or the scientific and technical capability of someone
trying to develop a weapon of mass destruction should be invaluable, we
sometimes forget that the acquisition of access to that kind of
information is time consuming and expensive. I do not believe we need
to justify intelligence spending on the basis of some esoteric
calculation about whether our national security is more or less at risk
than when the Soviet Union was in place.
We will always have threats to our security. Some will be
predictable, some will not. Dealing with them requires accurate and
timely information, some of which can be provided only by intelligence
agencies. There is a cost to maintaining the capability to provide that
information when required, and that cost is significant. The cost if
the information is not available, however, is potentially far greater.
Our job on the committee is to ensure that the means necessary to
provide intelligence on matters which demonstrably affect national
security are available at a cost which is not excessive relative to
their importance. I believe the 21-year record of the committee in this
effort, including the bill now before the House, has been exceptional.
Besides recommending spending levels, an authorization bill and
accompanying report also make judgments about the manner in which
programs are being managed. I believe that one of the chief
responsibilities of an oversight committee is to monitor the activities
of the agencies under its jurisdiction in a manner which is both
aggressive and thorough. I also believe that oversight should be
constructive and fair. I am concerned about the tone of some of the
recent criticism of the work of two agencies, the National
Reconnaissance Office, (NRO), and the National Imagery and Mapping
Agency (NIMA).
The United States has an intelligence capability second to none in
the world. Much of that preeminence is due to the performance of the
systems acquired and operated by the NRO. These systems are
extraordinarily complex and expensive. We are now in the midst of an
effort to modernize these systems. When the need for modernization was
made clear several years ago by then-Director of Central Intelligence
Jim Woolsey, and Congress agreed to embark on a plan to accomplish it,
it was with the understanding that substantial amounts of money would
have to be expended in the short term to produce savings in the future.
We have spent much of the intervening years altering in sometimes
significant ways the components of the plan, which has added to the
costs that have to be met in the near term and delayed the realization
of the expected long-term savings as well. It is disingenuous to have
been a part of this practice and then to complain about the effects it
has produced on the NRO's budget.
NIMA is a new agency created less than 2 years ago through the merger
of the Defense Mapping Agency and the imagery analysis elements of the
CIA and DIA. Like most mergers, this one, which I strongly supported
was not without problems, but I believe that NIMA personnel are
committed to having the agency fulfill its important mission
successfully.
Earlier this year I wrote to NIMA's customers to ask for an
evaluation of their performance. Secretary of Commerce Daley responded
that ``After working through some initial confusion regarding authority
and responsibility for certain products and services, support to
civilian agencies is now better than before the individual components
were combined into NIMA.''
James L. Witt, the Director of the Federal Emergency Management
Agency, wrote, ``The support and service provided by NIMA to support
disaster response activities have been and continue to be
outstanding.'' Sandy Berger, the President's National Security Advisor,
complimented NIMA on making a strong effort to provide high-quality
analysis and pronounced himself ``generally satisfied'' with the
results.
I do not believe that these comments reflect an agency that is
failing to do its job or one that is ignoring the needs of nonmilitary
consumers to concentrate on those of the military, as some had feared.
Any enterprise involving human beings can be made better, but I think
it is not helpful to make final judgments, pro or con, about an agency
in its infancy. I offer these thoughts in the hope that they will
provide perspective in evaluating the performance of the NRO and NIMA
in the days ahead.
Mr. Chairman,
H.R. 3694 is a good bill which will advance the
interest of military and civilian consumers of intelligence. I urge
that it be approved by the House.
I would also like to compliment both the majority staff and the
Democratic minority staff. I think this committee has been blessed over
the years with an outstanding staff. And I want to particularly thank
Mike Sheehy and the Democratic staff members whom I have had the
privilege of working with for the last 4 years.
Mr. Chairman, I reserve the balance of my time.
Mr. GOSS. Mr. Chairman, I yield myself such time as I may consume.
I simply want to say that I am very proud to have worked with and
learned from the gentleman from Washington (Mr. Dicks) as the ranking
member. He has been an extraordinary asset of the United States of
America in his capacity as a manager of the portfolio. He brings
wisdom, judgment and knowledge about military intelligence and
equipment to the table in our committee to the extent that I think no
other member has or can at this time. I hope he is not going to leave.
But if it turns out that way, we will miss him.
I also hope we are not going to lose anybody else. And for the
gentleman from Colorado (Mr. Skaggs) and the gentlewoman from
California (Ms. Harman), I share that view with all the other members.
I happen to feel that we have got an extraordinary committee and staff,
we are doing our job timely and well.
Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from New York
(Mr. Boehlert) to allow him to demonstrate what I have just said.
[[Page
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(Mr. BOEHLERT asked and was given permission to revise and extend his
remarks.)
Mr. BOEHLERT. Mr. Chairman, we find ourselves in both a fiscal and
political environment in which we simply cannot fund every system and
program we would like. This applies whether intelligence or not
intelligence.
However, it is important for the American people to understand just
how critical intelligence is to the very survival of our Nation and our
way of life. On the way over to the Capitol this morning, I heard a
radio announcer refer to this bill as ``the bill to authorize America's
cloak-and-dagger operation.'' That sort of a label is correct in a way,
but unfortuantely, I believe it unintentionally misrepresents what this
bill is all about.
What this bill is about is the wise and prudent funding and oversight
of those intelligence collection analysis and dissemination function
necessary to provide for the security of our Nation, its interests, and
its citizens around the world. We are talking about what I refer to as
``counterprograms.'' We are not engaged in a world war, but we have
some very important counterprograms, counterterrorism,
counternarcotics, counterproliferation. These are all very important
activities, and this bill funds them.
Mr. Chairman, I would like to point out a couple of funcational
intelligence areas of particular interest in this bill. The first is
the emphasis this bill places on rebuilding leading-edge technology,
research and development. It is the basic research and development of
new technologies that are the easiest to cut in lean fiscal times. But
it is precisely these efforts that our future depends on and that we
must pay particular attention to and fund properly.
This bill puts great emphasis on future capabilities, albeit
sometimes imprudently at the expense of older so-called legacy systems.
Also, this bill emphasizes the need for a strong, well-trained and
funded reserve intelligence component.
Mr. Chairman, there are a lot of things I could say about this bill,
and I do not have the time to say them. Just let me say that as someone
who tried to be very attentive to my important responsibilities on this
committee, I admire the way the chairman and ranking member have worked
cooperatively. I admire the seriousness of purpose of all of the
members. I admire the product that we are producing, and I commend it
to the attention of all my colleagues and the American people.
We are doing the people's business in a wise and prudent manner.
Mr. DICKS. Mr. Chairman, I yield 3 minutes to the gentlewoman from
California (Ms. Pelosi).
Ms. PELOSI. Mr. Chairman, I thank the distinguished gentleman from
Washington (Mr. Dicks), the ranking member, for yielding this time to
me and for his leadership on this important committee.
I rise, Mr. Chairman, to engage the gentleman from Florida (Mr.
Goss), the distinguished chair of the Permanent Select Committee on
Intelligence, in a colloquy concerning section 303 of the bill.
Before doing so, I want to commend our chairman for his leadership
also and to thank him for including full funding for the environmental
program in this legislation before us today, the recognition that new
issues need to be addressed, not that the environment is a new issue,
but new compared to its being a priority on the Permanent Select
Committee on Intelligence and in the intelligence authorization bill.
In any event, I rise to engage the gentleman in a colloquy.
As the chairman knows, this section of the bill extends for 1 year
the authority of the President to delay the imposition of a sanction
upon a determination that to proceed with the sanction would risk the
compromise of an ongoing criminal investigation or an intelligence
source or method.
My first question, Mr. Chairman, is whether the legislative history
of this provision, enacted in 1995, would be applicable to the
extension of the authority for 1 more year?
Mr. GOSS. Mr. Chairman, will the gentlewoman yield?
Ms. PELOSI. I yield to the gentleman from Florida.
Mr. GOSS. I would assure the gentlewoman from California that is the
intent of the committee, that the legislative history of this
provision, as it was developed in the debate in 1995, is applicable to
the exercise of this authority. Indeed, the report to accompany
H.R.
3694 reaffirms the joint explanatory statement of the committee of
conference on the Intelligence Authorization Act of Fiscal Year 1996 to
make completely clear that the original legislative history of this
provision continues to govern its implementation.
Ms. PELOSI. Mr. Chairman, is it then the case that the committee
intends that the provision will be narrowly construed and used only in
the most serious of circumstances when a specific sensitive
intelligence source or method or criminal investigation is at risk?
Mr. GOSS. If the gentlewoman would further yield, that is certainly
the intent of the committee.
Ms. PELOSI. Is it also the case that the law requires the
intelligence source or method or law enforcement matter in question
must be related to the activities giving rise to the sanction and the
provision is not to be used to protect generic or speculative
intelligence or law enforcement concerns?
Mr. GOSS. That is also the case.
Ms. PELOSI. Finally, Mr. Chairman, does the committee expect that
reports concerning a decision to stay the imposition of a sanction
shall include a determination that the delay in the imposition of a
sanction will not be seriously prejudicial to the achievement of the
United States' nonproliferation objectives or significantly increase
the threat or risk to U.S. military forces?
Mr. GOSS. Yes, it does.
Ms. PELOSI. Mr. Chairman, I thank the distinguished chairman of our
committee for engaging in this colloquy and for his confirmation of the
understanding that we had when this provision was first enacted.
Mr. DICKS. Mr. Chairman, will the gentlewoman yield?
Ms. PELOSI. I am pleased to yield to the gentleman from Washington.
Mr. DICKS. I wanted just to say that I concur in all the statements
made by the chairman. This is also the understanding that I have of
this provision.
Ms. PELOSI. I thank the ranking member for his cooperation and
concurrence in the view of the chairman.
Mr. DICKS. And I want to compliment the gentlewoman for her diligence
on this important matter.
{time} 1230
Mr. GOSS. Mr. Chairman, I yield 3 minutes to the gentleman from
Florida (Mr. Young), chairman of the Appropriations Subcommittee on
National Security.
Mr. DICKS. Mr. Chairman, I yield 30 seconds to the gentleman from
Florida (Mr. Young).
Mr. YOUNG of Florida. Mr. Chairman, I rise in strong support of this
intelligence authorization bill. I want to compliment the gentleman
from Florida (Mr. Goss). He has done an outstanding job. I have had the
privilege of working on the Permanent Select Committee on Intelligence
for 14 years now, two different terms. I have to say that the gentleman
from Florida has been outstanding in the leadership that he provides
for the committee and also to the gentleman from Washington (Mr.
Dicks), we have worked together for so many years, he is a member of
our subcommittee. We have the unusual relationship of being members of
the Permanent Select Committee on Intelligence as well as members of
the appropriations subcommittee that provides the funding for the
Permanent Select Committee on Intelligence. The gentleman from
Washington does a really good job. He is very dedicated to a good
intelligence bill.
That is what this is. This is a good intelligence bill. It provides
not as much as we would like to have provided for our intelligence
activities, but it provides the best that we can with the budget
constraints that we are faced with today.
There are those of us who believe that we are not making a strong
enough investment in our national security, at any part of our national
defense structure, whether it be the operational military forces or the
intelligence community. But the intelligence community is the eyes and
ears of our national capabilities. We have to have information, we have
to know what is happening in the world, we have to know what threats
there might be out there.
[[Page
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The intelligence community does an outstanding job, I might say. I
might be criticized for that statement because all you ever hear is the
bad news. If an intelligence agent happens to go bad, which does happen
on occasion, or if a mistake is made, you hear about that but you do
not hear about the good things that the intelligence community brings
to our overall national security effort. I wish we could talk about
some of those on the floor in open session today, but obviously we
cannot because it is essential that the sources that we use for
developing our own intelligence information and the methods that we use
and the people who are involved in this have to be protected. Their
mission is extremely important and their lives could very well be at
risk if we went into a lot of detail.
I know that there will probably be some amendments offered to reduce
the authorized level of funding in this bill. I would urge the Members
not to support this. This bill does not provide enough authorization
for funding to do the things that we ought to be doing in our national
security effort, but it is the best we could do with the budget
constraints.
I suggest that we defeat any amendments that would tend to reduce the
investment in our intelligence capability and let us pass this good
bill and get it on to the Senate so we can get it to the President.
Mr. DICKS. Mr. Chairman, will the gentleman yield?
Mr. YOUNG of Florida. I yield to the gentleman from Washington.
Mr. DICKS. Mr. Chairman, I just want to compliment the gentleman for
his statement and I want to concur in it. Sometimes I think there is a
question out there about whether intelligence is really that important.
I think it is our ace in the hole. I think it is what gives America an
extraordinary advantage over any potential foe. Our human intelligence,
our national technical means, are remarkable assets to this country. In
every conflict we have been in in recent years, they have given us a
tremendous advantage. I think the work of the defense subcommittee and
the authorization committee to come up with a good bill that keeps that
going is essential to the future of the country.
Mr. YOUNG of Florida. Mr. Chairman, I appreciate the gentleman's
comments. He is right on track.
Mr. DICKS. Mr. Chairman, I yield 2 minutes to the gentleman from
Missouri (Mr. Skelton), the ranking member of the Committee on National
Security.
Mr. SKELTON. Mr. Chairman, I rise in support of
H.R. 3694. I have a
rather unique position and opportunity. As ranking member of the
Committee on National Security and as a member of this Permanent Select
Committee on Intelligence, I can personally testify to the importance
of intelligence to our military commanders in the field, to our troops
who are daily supporting our peacekeeping efforts in places like Iraq,
in Macedonia and to our pilots in the Iraqi no-fly-zone.
Cicero once said that gratitude is the greatest of all virtues. I am
not sure we say thank you enough to the members of the intelligence
community. What they do so often is not known. Yet it pays off in
knowledge to the commanders in chief in the field, to the President, to
the Secretary of Defense, to the Secretary of State, and, of course, to
this body.
Intelligence is critical to successful operations and to the safety
of our men and women in uniform. Intelligence also plays a crucial role
in the Joint Chiefs of Staff's plan for the 21st century, Dominant
Battlespace Awareness, which hinges on our intelligence investment.
Critical to the Joint Chiefs' plan, as well as to daily air, sea, and
ground operations, are the mapping products created by the National
Imagery and Mapping Agency. Although I support this bill, I am frankly
concerned with the reductions in the operations and maintenance funds
for the National Imagery and Mapping Agency. I think the cuts are
unjustified and excessive. I fear that they will have an unacceptable
impact on the production of products for the unified commands and for
the State Department peacekeeping negotiations. I am also concerned
that these cuts will result in the unwarranted elimination of jobs from
an agency that does not have sufficient staffing to meet military
requirements today.
Mr. GOSS. Mr. Chairman, I yield 2\1/2\ minutes to the distinguished
gentleman from New Hampshire (Mr. Bass).
Mr. BASS. Mr. Chairman, as a member of the Permanent Select Committee
on Intelligence, I welcome the opportunity to speak in support of
H.R.
3694, the Intelligence Authorization Act for Fiscal Year 1999. I would
also like to associate myself with the very good comments of the
gentleman from Florida (Mr. Young) and the gentleman from Washington
(Mr. Dicks) concerning the strategic importance of intelligence. I
would only add to that by saying that intelligence is also more than
military and tactical in nature. There are civilian aspects to
intelligence that are very important to the national security of this
country that go beyond support to our military and provide the kind of
protection for the citizens of the United States, not only domestically
but abroad, that we all need and cherish.
This is one of the safest countries in the world in which to live.
Part of the reason for that is the fact that we know what our enemies
are doing and we know what their plans and intentions are better
perhaps than anybody else in the world.
I would like to address if I could for a second the budget itself.
The legislation before us today refocuses the President's request upon
four major priorities for intelligence in the next century. Firstly, it
accelerates the recapitalization of a signals intelligence program that
has produced invaluable information against the new transnational
targets of the post-Cold War world.
Secondly, our bill begins the process, after years of drawdowns and
reductions, of rebuilding a clandestine human intelligence program that
has provided much of our intelligence on the plans and intentions of
terrorists, traffickers and other adversaries.
Thirdly, our bill continues the strengthening of the analysis part of
intelligence collection that provides both assessment to our
policymakers and guidance to the collectors.
Finally, our bill enhances the capability of the President to direct
and accomplish covert actions when he deems such actions necessary to
U.S. foreign policy and our national security. The purpose of our mark
in each of these areas is to strengthen the capabilities that will
provide policymakers with the intelligence that they will need in the
next century.
Mr. Chairman, there were also strategic cuts in the budget, made
after much investigation and on a line-by-line basis, on programs that
will mostly be effective in the 21st century. The intelligence
community has for the most part moved forward effectively against new
and difficult issues. There are some areas where we can make some
reductions and do so in a prudent fashion.
Once again, Mr. Chairman, I am happy to rise in support of this
bipartisan authorization bill. I want to commend both the gentleman
from Florida and the gentleman from Washington for having done an
excellent job working together to produce this important bill.
Mr. DICKS. Mr. Chairman, I yield 2 minutes to the gentleman from
Maryland (Mr. Cardin), a good solid member of the Committee on Ways and
Means.
Mr. CARDIN. Mr. Chairman, I thank the gentleman for yielding me this
time and congratulate both the gentleman from Florida and the gentleman
from Washington for bringing forward a product that deserves the
support of this House. I have said before that whenever an intelligence
authorization or appropriations is before us, the proponents are at a
disadvantage because people can attack the intelligence community. A
lot of this is confidential. They do not have the opportunity sometimes
to defend themselves.
The United States has the most sophisticated intelligence apparatus
in the world. We have the best trained professionals in the world. Yet
we have the most difficult challenges of any nation in this world. We
work in a bipartisan manner in order to provide authorization and
appropriations for our intelligence agencies. I really do applaud the
leadership of this House for
[[Page
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doing that. For the security of our country and for the manner in which
this has been handled in the House, it deserves our support.
I must tell my colleagues, though, that I was somewhat disappointed
by some of the tone in the language as it related to some of our
intelligence agencies. But I am very pleased to see that the report
acknowledges that we must invest in the recapitalization and
modernization of our SIGINT capacities. I think that is very important
for this country.
I have visited NSA on numerous occasions and know the dedication of
the men and women in public service for our country. They represent
some of our brightest minds in our Nation. But if we are going to be
able to attract the best from our universities and colleges so that we
can maintain that capacity in the future, it is important that we
authorize adequate funds and appropriate adequate funds for our
intelligence operation.
Mr. Chairman, I am pleased that we were able to bring this product
forward in a bipartisan manner. I hope that this body will support the
work of the committee, support the authorization and later support the
appropriation.
Mr. GOSS. Mr. Chairman, I appreciate the distinguished gentleman from
Maryland's remarks. We have worked together on many things. His support
is very important.
Mr. Chairman, I yield 2 minutes to the distinguished gentleman from
Illinois (Mr. Hastert), the chairman of the task force to counter the
drug problem.
Mr. HASTERT. Mr. Chairman, I appreciate the fine work of the
Permanent Select Committee on Intelligence. I am pleased to join my
colleagues from the Permanent Select Committee on Intelligence in
support of
H.R. 3694, the fiscal year 1999 intelligence authorization
bill. As chairman of the Committee on Government Reform and Oversight,
Subcommittee on National Security, and the Task Force for a Drug-Free
America, I have had an opportunity to visit a wide range of
counternarcotic programs in this country and overseas during the past
few years. I have seen the effectiveness of the information produced by
our intelligence community in identifying and tracking major narcotics
trafficking activities. This intelligence information is essential to
facilitating the law enforcement community's effort to slow the flood
of cocaine and heroin that is pouring into our country. I have been
particularly impressed by the growing coordination between the
intelligence community and the law enforcement agencies to jointly
target major narcotrafficking groups.
Despite this good news, I regret to report that we are stopping no
more than 15 to 20 percent of the drugs flowing from the source
countries of Colombia, Peru and Bolivia. We have the best intelligence
organization in the world, but we lack the capability to act
effectively on the information that we collect against
narcotraffickers. It is clear that the administration's current source
zone strategy is having only a very limited impact on cocaine and opium
production in the source countries. We need to provide sufficient
political will, sufficient resources and sufficient personnel to this
effort.
Equally, the transit zone strategy is undermined by an unwillingness
to seek sufficient air, ground and maritime resources to track, pursue
and stop narcotrafficking moving through Central America, the Caribbean
and Mexico. Based on numerous meetings with foreign narcotics officials
and U.S. Government personnel serving in the field, I am quite
persuaded that much more could be achieved if we would be willing to
come forward and seek the necessary resources to step up the
eradication and interdiction of cocaine and heroin.
Mr. Chairman, this is an important piece of legislation. Intelligence
is the key to stopping narcotics traffic in this country and this
hemisphere. I support this legislation.
Mr. DICKS. Mr. Chairman, I yield 4 minutes to the gentleman from
Georgia (Mr. Bishop).
Mr. BISHOP. Mr. Chairman, I rise in strong support of
H.R. 3694, the
Intelligence Authorization Act for Fiscal Year 1999. Let me first
congratulate the gentleman from Florida (Mr. Goss) and the gentleman
from Washington (Mr. Dicks) for their tireless efforts in producing a
bipartisan bill that addresses the needs of the intelligence community.
There is arguably no greater consumer of intelligence than our Nation's
Armed Forces. Despite the end of the Cold War, the requirements of our
military for better and more timely intelligence has actually increased
rather than decreased.
This is the result of a number of factors, including transitional
issues such as terrorism and the proliferation of weapons of mass
destruction. Perhaps no incident better illustrates the threat that
terrorism poses to the men and women of our armed services than the
cowardly and callous terrorist bombing of Khobar Towers in Saudi
Arabia.
{time} 1245
Our forces in Bosnia remain exposed to the threat of terrorism, and
i
Amendments:
Cosponsors: