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H.R. 5743—Intelligence Authorization Act for Fiscal Year 2013

H.R. 5743 - Intelligence Authorization Act for Fiscal Year 2013

Hearing Information

Meeting Information

Wednesday, May 30, 2012 - 5:00pm in H-313 The Capitol View Announcement »

Bill Text

Text of H.R. 5743PDFXML

Intelligence Authorization Act for Fiscal Year 2013

Text of H. Rept. 112-504PDFXML

Report from the Permanent Select Committee on Intelligence 

Rule Information

COMMITTEE ACTION:
REPORTED BY RECORD VOTE of 7-3 on Wednesday, May 30, 2012.

FLOOR ACTION ON H. RES. 667: 
Adopted by record vote of 246-166, after agreeing to the previous question by record vote of 233-180, on Thursday, May 31, 2012. 
 

MANAGERS: Nugent/Hastings

1. Structured rule for H.R. 5743.

2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Permanent Select Committee on Intelligence.

3. Waives all points of order against consideration of the bill.

4. Provides that the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence shall be considered as original text for the purpose of amendment and shall be considered as read.

5. Waives all points of order against the amendment in the nature of a substitute.

6. Makes in order only those amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to a demand for division of the question.

7. Waives all points of order against the amendments printed in the report.

8. Provides one motion to recommit with or without instructions.

9. Open rules for H.R. 5854, H.R. 5855, and H.R. 5325.

10. Provides one hour of general debate on each bill equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations.

11. Waives all points of order against consideration of each bill.

12. Waives points of order against provisions in each bill for failure to comply with clause 2 of rule XXI.

13. Provides that each bill shall be considered for amendment under the five-minute rule.

14. Provides that the Chair may accord priority in recognition to Members who have preprinted their amendments int eh Congressional Record.

15. Provides one motion to recommit each bill with or without instructions.

Amendments (click each header to sort table by that column)

#Version #Sponsor(s)PartySummaryStatus
8Version 1Clarke (NY)DemocratWould require a threat assessment for cyber threats to critical infrastructure.Submitted
10Version 1Conyers (MI), Ellison (MN), Lee, Barbara (CA)DemocratWould require the Director of National Intelligence to submit to the congressional intelligence committees a report containing an assessment of the consequences of a military strike against Iran within 60 days.Made In Order
5Version 3Cuellar (TX)DemocratRevised Would authorize the Director of National Intelligence to participate in information sharing with Mexico and Canada for purposes of border security and combating drug trafficking.Made In Order
6Version 1Cuellar (TX)DemocratWould direct each agency that deals with classified documents to report back in 1 year potential security risks associated with the acquisition of computer hardware. Would require the agencies report to Congress with recommendations of what steps need to be taken to ensure computer hardware that is acquired for use with classified documents is not at risk being used to disclose information to outside sources.Submitted
7Version 2Cuellar (TX)DemocratRevised Would direct the Director on National Intelligence and the Secretary of Defense to work together to develop and implement a combined National and Defense Intelligence Strategy in conjunction with existing strategies.Submitted
25Version 1Duncan (SC), Westmoreland (GA)RepublicanLate Would require the Government Accountability Office (GAO) to conduct a study to examine the cost savings and effects of consolidating federal data centers in the intelligence community and report back to Congress with the results.Submitted
18Version 1Farr (CA)DemocratWould establish the sense of Congress that those assigned to lead the development of training, tools, and methodologies in support of cyber security, should be reminded to include foreign language and culture in the development process.Made In Order
1Version 1Franks (AZ)RepublicanWould require a report on the nuclear activities of Iran, including a description of any activity by Iran indicating whether Iran has made a decision to build a nuclear weapon, an assessment of the amount of time it would take Iran to develop a nuclear weapon, and an assessment of the effectiveness of diplomacy with regard to persuading Iran to abandon a nuclear weapons program.Submitted
11Version 1Hahn (CA)DemocratWould require the Civil Liberties Protection Officer to review on an ongoing basis, and prepare, as necessary, privacy impact assessments on, the cybersecurity policies, programs, and activities of the Intelligence Community for such purposes as ensuring compliance with all relevant constitutional and legal protections.Submitted
12Version 1Hahn (CA)DemocratWould require the Civil Liberties Protection Officer to ensure that the coordination and training between the intelligence community and local law enforcement agencies shall not violate the constitutional safeguards of racial and ethnic minorities.Made In Order
13Version 1Hahn (CA)DemocratWould establish the the sense of Congress that the Intelligence community should prioritize the security of our nation’s ports as they play a crucial role to our nation’s supply chain and economy.Submitted
16Version 2Hahn (CA)DemocratRevised Would require the Director of Intelligence to ensure that each element of the intelligence community appropriately coordinates with Federal, State, and local officials responsible for the protection of United States ports to detect, prevent, and respond to potential terrorist activity.Submitted
9Version 1Hinchey (NY)DemocratWould require the Director of National Intelligence (DNI) to report to the House and Senate Intelligence panels on information it has regarding the human rights violations of the military government in Argentina that resulted in 30,000 disappearances between the mid-1970's and mid-1980's.Submitted
19Version 1Holt (NJ)DemocratWould require the AG and DNI to reveal how many U.S. Persons had their domestic communications intercepted since the implementation of the FISA Amendments Act.Submitted
20Version 3Holt (NJ)DemocratRevised Would amend the National Security Act of 1947 to provide administrative penalties, up to and including termination, for any officer or employee of an intelligence community element who retaliates against an intelligence community employee or contractor who reports covered information (a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety) to an authorized member of Congress.Submitted
21Version 3Holt (NJ)DemocratRevised Would prohibit any Intelligence Community employee or contractor from engaging in the assassination/targeted killing of a U.S. person unless specific criteria are met.Submitted
22Version 2Holt (NJ)DemocratRevised Would require the Director of National Intelligence and Director of the CIA to publicly disclosure any legal opinions or memoranda used to justify the President’s target killing program against United States persons.Submitted
2Version 1Jackson Lee (TX)DemocratWould prevent any of the funds authorized under this Act from being used to violate a person’s civil liberties.Submitted
3Version 1Jackson Lee (TX)DemocratWould establish the a Sense of Congress that the Director of the Central Intelligence Agency should take such actions as the Director considers necessary to increase the recruitment and training of ethnic minorities as officers and employees of the Central Intelligence Agency.Made In Order
4Version 1Jackson Lee (TX)DemocratWould establish the Sense of Congress that the intelligence community should take all appropriate actions necessary to protect the civil liberties of religious and ethnic minorities.Made In Order
17Version 1Myrick (NC), Wolf (VA)RepublicanWould require a report from the Director of National Intelligence that would identify and assess various risks in information technology supply chains.Made In Order
26Version 1Poe (TX)RepublicanLate Would prohibit funding to the government of Pakistan.Submitted
23Version 1Quayle (AZ)RepublicanWithdrawn Would provide an assessment of any collection gaps or inefficiencies the intelligence community may have with drug smuggling on Indian tribes burial sites.Withdrawn
24Version 1Quayle (AZ)RepublicanWould amend Section 401(a) of the Intelligence Authorization Act for Fiscal Year 2012 to include Fusion Centers and High Intensity Drug Trafficking Areas (HIDTA) to help coordinate intelligence gathering with Federal land management agencies to stem the flow of drug smuggling on public lands.Submitted
27Version 1Rogers, Mike (MI)RepublicanLate Would strike sections 401 and 403 to ensure compliance with House Rules relating to provisions regarding appropriated funds.Made In Order
14Version 1Thompson, Mike (CA)DemocratWould require the Director of National Intelligence to report to Congress how the Intelligence Community can improve the methods by which subcontractors are granted security clearances and notified of classified contracting opportunities within the federal government.Made In Order
15Version 1Thompson, Mike (CA), Heck (NV)Bi-PartisanWould direct the National Reconnaissance Office to establish and implement a program to utilize, train and deploy SCI cleared undergraduate and graduate students from the Science, Technology, Engineering and Math (STEM) areas of study.Submitted

Committee Votes

Rules Committee Record Vote No. 310

Motion by Mr. McGovern to amend the rule to H.R. 5743 to remove the waivers of all points of order for sections 566 and 567 of H.R. 5855, the Homeland Security appropriations bill. Defeated: 2–7.

Majority Members
Vote
Minority Members
Vote

Mr. Sessions
No Vote
Ms. Foxx
Nay
Mr. Bishop
Nay
Mr. Woodall
Nay
Mr. Nugent
Nay
Mr. Scott
Nay
Mr. Webster
Nay
Mr. Dreier, Chairman
Nay
Ms. Slaughter
No Vote
Mr. McGovern
Yea
Mr. Hastings
Yea
Mr. Polis
No Vote

Rules Committee Record Vote No. 311

Motion by Mr. Hastings of Florida to amend the rule to H.R. 5743 to make in order and provide the appropriate waivers for the following amendments to H.R. 5743, which would be en bloc 3: amendment #8, offered by Rep. Clarke,would require a threat assessment for cyber threats to critical infrastructure; amendment #6, offered by Rep. Cuellar (TX), would direct each agency that deals with classified documents to report back in 1 year potential security risks associated with the acquisition of computer hardware. Would require the agencies report to Congress with recommendations of what steps need to be taken to ensure computer hardware that is acquired for use with classified documents is not at risk being used to disclose information to outside sources; amendment #7, offered by Rep. Cuellar (TX), which would direct the Director on National Intelligence and the Secretary of Defense to work together to develop and implement a combined National and Defense Intelligence Strategy in conjunction with existing strategies; amendment #11, offered by Rep. Hahn (CA), which would require the Civil Liberties Protection Officer to review on an ongoing basis, and prepare, as necessary, privacy impact assessments on, the cybersecurity policies, programs, and activities of the Intelligence Community for such purposes as ensuring compliance with all relevant constitutional and legal protections; amendment #13, offered by Rep. Hahn (CA), which would establish the the sense of Congress that the Intelligence community should prioritize the security of our nation’s ports as they play a crucial role to our nation’s supply chain and economy; amendment #16, offered by Rep. Hahn (CA), which would require the Director of Intelligence to ensure that each element of the intelligence community appropriately coordinates with Federal, State, and local officials responsible for the protection of United States ports to detect, prevent, and respond to potential terrorist activity; amendment #9, offered by Rep. Hinchey (NY), which would require the Director of National Intelligence (DNI) to report to the House and Senate Intelligence panels on information it has regarding the human rights violations of the military government in Argentina that resulted in 30,000 disappearances between the mid-1970's and mid-1980's; amendment #19, offered by Rep. Holt (NJ), which would require the AG and DNI to reveal how many U.S. Persons had their domestic communications intercepted since the implementation of the FISA Amendments Act; amendment #20, offered by Rep. Holt (NJ), which would amend the National Security Act of 1947 to provide administrative penalties, up to and including termination, for any officer or employee of an intelligence community element who retaliates against an intelligence community employee or contractor who reports covered information (a violation of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety) to an authorized member of Congress; amendment #21, offered by Rep. Holt (NJ), which would prohibit any Intelligence Community employee or contractor from engaging in the assassination/targeted killing of a U.S. person unless specific criteria are met; amendment #22, offered by Rep. Holt (NJ), which would require the Director of National Intelligence and Director of the CIA to publicly disclosure any legal opinions or memoranda used to justify the President’s target killing program against United States persons; amendment #2, offered by Rep. Jackson Lee (TX), which would prevent any of the funds authorized under this Act from being used to violate a person’s civil liberties; and amendment #15, offered by Rep. Thompson (CA) and Rep. Heck (NV), which would direct the National Reconnaissance Office to establish and implement a program to utilize, train and deploy SCI cleared undergraduate and graduate students from the Science, Technology, Engineering and Math (STEM) areas of study. Defeated: 3–7.

Majority Members
Vote
Minority Members
Vote

Mr. Sessions
No Vote
Ms. Foxx
Nay
Mr. Bishop
Nay
Mr. Woodall
Nay
Mr. Nugent
Nay
Mr. Scott
Nay
Mr. Webster
Nay
Mr. Dreier, Chairman
Nay
Ms. Slaughter
No Vote
Mr. McGovern
Yea
Mr. Hastings
Yea
Mr. Polis
Yea

Rules Committee Record Vote No. 312

Motion by Ms. Foxx to amend the rule to H.R. 5743 to report the rule. Adopted: 7-3.

Majority Members
Vote
Minority Members
Vote

Mr. Sessions
No Vote
Ms. Foxx
Yea
Mr. Bishop
Yea
Mr. Woodall
Yea
Mr. Nugent
Yea
Mr. Scott
Yea
Mr. Webster
Yea
Mr. Dreier, Chairman
Yea
Ms. Slaughter
No Vote
Mr. McGovern
Nay
Mr. Hastings
Nay
Mr. Polis
Nay