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# Legislative Bulletin.................................................July 16, 2008

**Contents**:

**Amendments to H.R. 5959---**Intelligence Authorization Act for Fiscal
Year 2009

H.R. 5959, the Intelligence Authorization Act for Fiscal Year 2009, is
scheduled to be considered on the House floor on Wednesday, July 16,
2008, subject to a structured rule
([**H.Res.1343**](http://thomas.loc.gov/cgi-bin/query/z?c110:H.Res.1343:)),
making in order the following seven amendments, each debatable for 10
minutes.

The rule waives all points of order against consideration of the bill,
except those regarding PAYGO and earmarks, waives all points of order
against the bill itself---except the PAYGO rule---and allows the Chair
to postpone consideration of the legislation at any time during its
consideration. The rule allows one motion to recommit with or without
instructions.

[Note]{.underline}: The summaries below are based on RSC staff review of
*actual amendment text* and thus differ from what's on the Rules
Committee website. For a summary of the underlying bill, please see the
RSC document that was released earlier today.

**[RSC Staff Contact]{.underline}**: Andy Koenig;
<andy.koenig@mail.house.gov>; 202-226-9717

**AMENDMENTS MADE IN ORDER UNDER THE RULE**

**1. *Reyes (D-TX)/Patrick Murphy (D-PA). ***This amendment would
provide the intelligence community a small exception to the
controversial Section 526 of the Energy Independence and Security Act
(regarding procurement and acquisition of alternative fuels). The
amendment would allow the intelligence community to enter into a
contract to purchase a generally available fuel, if the contract does
not require the contractor to provide alternative fuels, the purpose of
the contract is not to obtain an alternative fuel, and the contract does
not provide incentives for a refinery upgrade or expansion to allow a
refinery to use or increase its use of fuel from a nonconventional
petroleum source.

The amendment would also require the Director of National Intelligence
(DNI) to conduct a study of the feasibility of allowing the intelligence
community to employ foreign nationals who are lawfully in the U.S. and
have already worked as translators or interpreters for the Armed Forces
in Iraq or Afghanistan.

Finally, the amendment would require the DNI to include resources
dedicated to "intelligence analysis" in its report on the intelligence
resources that were dedicated to Iraq and Afghanistan in FY 2007 and FY
2008.

**[Background on Section 526]{.underline}**: Section 526 of the recently
enacted energy law states in its entirety:

> No Federal agency shall enter into a contract for procurement of an
> alternative or synthetic fuel, including a fuel produced from
> nonconventional petroleum sources, for any mobility-related use, other
> than for research or testing, unless the contract specifies that the
> lifecycle greenhouse gas emissions associated with the production and
> combustion of the fuel supplied under the contract must, on an ongoing
> basis, be less than or equal to such emissions from the equivalent
> conventional fuel produced from conventional petroleum sources.

Though short, this section, which raises concerns over national
security, economic security, and bureaucratic uncertainty, has powerful
and harmful implications. It affects all federal agencies and could harm
the markets for a variety of energy products, from oil shale and ethanol
to tar sands and coal-to-liquids.

Section 526 was added by Speaker Nancy Pelosi (D-CA) and Rep. Henry
Waxman (D-CA) largely to stifle the Defense Department's plans to buy
coal-based (or "coal-to-liquids") jet fuels, which environmentalists
contend will ultimately produce more greenhouse gas emissions than would
traditional petroleum---a contention that is uncertain at best and that
does not account for ongoing improvements in carbon-capture
technologies. Plus, no one can come up with a workable definition for
"lifecycle greenhouse gas emissions."

Furthermore, Canada is currently the largest U.S. oil supplier. It sent
1.8 million barrels per day of crude oil and 500,000 barrels per day of
refined products to the United States in 2006, according to the Canadian
Government. About half of Canadian crude is derived from oil sands, with
sands production forecast to reach about 3 million barrels per day in
2015. Section 526 could choke this flow of fuel from one of our nation's
most reliable allies and economic partners. Oil producers, the Air
Force, the Canadian Government, and the Center for Unconventional Fuels
have all called for the repeal of Section 526.

Some conservatives may feel that the amendment still leaves in place the
thrust of Section 526 and thus would still discourage American energy
production and investment, while encouraging energy procurement from
Venezuela, Nigeria, and the Middle East.

**2. Blunt (R-MO).** The amendment would express the following senses of
Congress:

-   The permanent defeat of the Revolutionary Armed Forces of Columbia
    (FARC), the United Self-Defense Forces of Columbia (AUC), and other
    Columbian paramilitary organizations is in the best interest of the
    U.S.;

-   The Columbian operation that liberated three American, and 11
    Columbian hostages from FARC demonstrates the professionalism of the
    Columbian security forces and intelligence operatives;

-   Intelligence and other cooperation by the U.S. has played a key role
    in developing the capabilities of the Columbian Government in their
    effort to address terrorist and narcoterrorist threats;

-   Intelligence cooperation by the U.S. has significantly contributed
    to the continued success of the Columbian Government in impacting
    the capabilities of terrorist groups that have threatened the
    security of the U.S.; and

-   It is critical that such assistance continue in order to support the
    Government of Columbia in its efforts to capitalize on its success.

**3. *Holt (D-NJ). ***The amendment would require the DNI to issues a
memorandum informing all holders of the National Intelligence Estimate
entitled "Iran: Nuclear Intentions and Capabilities" of any new
intelligence regarding the nuclear program of Iran. The DNI would be
required to issue the memo within 90 days of enactment.

**4. Hoekstra (R-MI).** The amendment prohibits funds authorized by H.R.
5959 from being used to prohibit or discourage the use of the words or
phrases "jihadist," "jihad," "Islamo-fascism," "caliphate," "Islamist,"
or "Islamic terrorist" by the intelligence community or the federal
government.

**5. *Harman (D-CA)*/Ehlers (R-MI).** The amendment would express the
following senses of Congress:

-   A robust and highly skilled aerospace industry workforce is critical
    to the success of intelligence community program and operations;

-   Voluntary attrition, the retirement of senior workers, and
    difficulties in recruiting could leave the intelligence community
    without access to the intellectual capital and technical
    capabilities necessary to identify and respond to potential threats;
    and

-   The DNI should work with other agencies responsible for programs
    related to space and the aerospace industry to develop and implement
    policies, including those with an emphasis on improving science,
    technology, engineering, and mathematics education at all levels, to
    sustain and expand a diverse intelligence community workforce.

**6. Kirk (R-IL).** The amendment would require the DNI to submit a
National Intelligence Estimate on the production and sale of narcotics
in support of international terrorism, including support received by the
Taliban and al Qaeda from the sale of narcotics. The study would have to
be submitted to Congress within one year of enactment.

**7. *Hinchey (D-NY). ***The amendment would require the Director of the
CIA to submit a report to the appropriate congressional committees
within 270 days of enactment regarding human rights abuses and captive
children in Argentina. Specifically, the amendment would require the
report to contain intelligence information with respect to:

-   The accession to power by the Military of the Republic of Argentina
    in 1976;

-   Violations of human rights committed by officers or agents of the
    Argentine military;

-   Operation Condor and the fate of Argentine people that were
    targeted, abducted, or killed during the operation, including
    Argentine children born into captivity whose status remains unknown;
    and

-   All information that may lead to the discovery of the Argentine
    children born into captivity.

The amendment would require the Director of the CIA to compile and
update the information in the report within one year of enactment, and
every three years thereafter.

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