49–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–438 

PROVIDING FOR CONSIDERATION OF H.R. 5020, INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2007 

APRIL 25, 2006.—Referred to the House Calendar and ordered to be printed 

Mr. PUTNAM, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 774] 

The Committee on Rules, having had under consideration House 

Resolution 774, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 5020, the Intelligence Authorization Act for Fiscal Year 2007, under a structured 

rule. The rule provides one hour of general debate equally divided 

and controlled by the chairman and ranking minority member of 

the Permanent Select Committee on Intelligence. The rule waives 

all points of order against consideration of the bill. 

The rule provides that the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill shall be considered as an original 

bill for the purpose of amendment and shall be considered as read. 

The rule waives all points of order against the amendment in the 

nature of a substitute recommended by the Permanent Select Committee on Intelligence. 

The rule makes in order only those amendments printed in this 

report. The rule provides that the amendments printed in this report may be offered only in the order printed in this report, may 

be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject 

to a demand for division of the question in the House or in the 

Committee of the Whole. The rule waives all points of order against 

the amendments printed in this report. 


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Finally, the rule provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

is necessary because the report of the Permanent Select Committee 

on Intelligence fails to meet the requirements of clause 3(c)(4) of 

rule XIII, requiring a statement of general performance goals and 

objectives. The waiver of all points of order against the committee 

amendment in the nature of a substitute includes a waiver of 

clause 4 of rule XXI, prohibiting appropriations on legislative bills, 

because the committee amendment contains provisions (specifically 

sections 305 and 306) in violation of such rule. 

In addition, the waiver of all points of order against consideration of the bill includes a prophylactic waiver of section 302(f) of 

the Congressional Budget Act, which prohibits consideration of legislation providing new budget authority in excess of a subcommittee’s 302(b) allocation of such authority, because the total budget 

authority authorized in the bill is classified and therefore unavailable. 

COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each 

record vote on an amendment or motion to report, together with 

the names of those voting for and against, are printed below: 

Rules Committee record vote No. 177 

Date: April 25, 2006. 

Measure: H.R. 5020, Intelligence Authorization Act for Fiscal 

Year 2007. 

Motion by: Mrs. Slaughter. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Ms. Eshoo, which provides a Sense of Congress that all electronic surveillance conducted 

on U.S. persons inside the United States must comply with the 4th 

Amendment to the Constitution, and be conducted in accordance 

with Title 18 criminal electronic surveillance law or the Foreign Intelligence Surveillance Act (FISA). 

Results: Defeated 3 to 6. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Capito—Nay; Cole—Nay; Slaughter—Yea; McGovern— Yea; Matsui—Yea; Dreier—Nay. 

Rules Committee record vote No. 178 

Date: April 25, 2006. 

Measure: H.R. 5020, Intelligence Authorization Act For Fiscal 

Year 2007. 

Motion by: Mr. McGovern. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Mr. Holt, which requires the President and Vice President to inform the Intelligence 

Committees and originating agencies of intent to declassify intelligence information. An exemption is provided for information 

sought pursuant to a FOIA request. 

Results: Defeated 3 to 7. 


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Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Slaughter—

Yea; McGovern—Yea; Matsui—Yea; Dreier—Nay. 

Rules Committee record vote No. 179 

Date: April 25, 2006 

Measure: H.R. 5020, Intelligence Authorization Act For Fiscal 

Year 2007. 

Motion by: Mr. McGovern. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Mr. Shays, which 

makes changes to the Privacy and Civil Liberties Oversight Board 

established by the Intelligence Reform Act (P.L. 108–458). Would 

give the Privacy and Civil Liberties Board subpoena power; create 

the Board as an independent agency in the executive branch; require that all 5 members of the Board be confirmed by the Senate; 

require that no more than 3 members can be from the same political party; set a term for Board members at 6 years; create the 

chairman as a full-time member of the Board; restore the qualifications of Board members that were originally included in the Senate 

bill, restore reporting requirements to Congress; require each executive department or agency with law enforcement or antiterrorism 

functions should designate a privacy and civil liberties officer; require that the President’s annual budget contain a specific funding 

line for the Board. 

Results: Defeated 3 to 7. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Slaughter—

Yea; McGovern—Yea; Matsui—Yea; Dreier—Nay. 

Rules Committee record vote No. 180 

Date: April 25, 2006. 

Measure: H.R. 5020, Intelligence Authorization Act For Fiscal 

Year 2007. 

Motion by: Mrs. Matsui. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Mr. Schiff, which requires classified disclosure to the members of the two committees 

(Jud and HPSCI) with oversight over FISA about U.S. persons who 

have been the subject of NSA electronic surveillance, and what criteria was used to target them. Will provide Congress with the opportunity to understand the program and whether current law 

should be amended to either grant the President the power he 

seeks, or make any other modifications to current law that Congress deems appropriate. Until such action occurs, the amendment 

states that FISA continues to be the exclusive means by which domestic electronic surveillance may be conducted. Also makes clear 

that the Authorization for Use of Military Force does not provide 

an exception to FISA and the federal criminal wiretap statutes. 

Results: Defeated 3 to 8. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Gingrey—

Nay; Slaughter—Yea; McGovern—Yea; Matsui—Yea; Dreier—Nay. 


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Rules Committee record vote No. 181 

Date: April 25, 2006. 

Measure: H.R. 5020, Intelligence Authorization Act For Fiscal 

Year 2007. 

Motion by: Mrs. Matsui. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Mr. Reyes, which provides an annual authorization of $3 million for purposes of carrying 

out the operations of the President’s Privacy and Civil Liberties 

Board created in the Intelligence Reform and Terrorism Prevention 

Act of 2004. 

Results: Defeated 3 to 8. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Gingrey—

Nay; Slaughter—Yea; McGovern—Yea; Matsui—Yea; Dreier—Nay. 

Rules Committee record vote No. 182 

Date: April 25, 2006. 

Measure: H.R. 5020, Intelligence Authorization Act For Fiscal 

Year 2007. 

Motion by: Mrs. Matsui. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Mr. Boswell, which 

requires the Director of National Intelligence to submit reports to 

Congress on Iran Weapons of Mass Destruction every 90 days. Requires reports to include an assessment of Iran’s nuclear programs, 

evaluation of intelligence sources, summary of new intelligence and 

any information that would reduce confidence in overall assessment. 

Results: Defeated 3 to 8. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Gingrey—

Nay; Slaughter—Yea; McGovern—Yea; Matsui—Yea; Dreier—Nay. 

SUMMARY OF AMENDMENTS MADE IN ORDER

(Summaries derived from information provided by sponsors.) 

1. Hoekstra (MI): Strikes a provision relating to the Freedom of 

Information Act in Section 421 of the Committee Amendment, relating to protection of intelligence sources and methods. Clarifies 

that the membership of the Drug Enforcement Administration on 

the intelligence community is limited to the Office of National Security Intelligence of the Drug Enforcement Administration. (10 

minutes) 

2. Fossella (NY): Authorizes $5 million for a study to be conducted by the Secretary of the Department of Homeland Security 

(DHS) and the Director of National Intelligence (DNI) to identify 

the problems and the successes of terrorist-threat information sharing between the Federal, State, and local levels of government. Authorizes $10 million to establish centers of best practices. $3 million is authorized for the following five years to cover operational 

expenses of the centers. (10 minutes) 

3. Lee (CA): Requires a report to House and Senate Intelligence 

committees describing any authorization granted during the past 


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10 years to engage in intelligence activities related to the overthrow of a democratically elected government. (10 minutes) 

4. Price (NC): Requires: (1) the DNI to report to Congress on regulations issued by agencies within the Intelligence Community regarding minimum standards for hiring and training of contractors, 

functions appropriate for private sector contractors, and procedures 

for preventing waste, fraud, and abuse; (2) contractors awarded Intelligence Community contracts to provide a transparent accounting of their work to their contracting officers within Intelligence 

Community agencies; (3) the DNI to submit an annual report to 

Congress on the contracts awarded by Intelligence Community 

agencies; and (4) the DNI to make recommendations to Congress 

on enhancing the Intelligence Community’s ability to hire, promote, 

and retain highly qualified and experienced professional staff. (10 

minutes) 

5. Andrews (NJ): Requires the Director of National Intelligence 

to provide the Congress with a quarterly classified intelligence report on insurgent forces in Iraq. The report would contain intelligence on (1) the number of insurgent forces in Iraq, (2) the number of insurgent forces that are former members of the Ba’ath 

Party, (3) the number of insurgent forces that are members of al 

Qaeda or other known terrorist organizations, (4) a description of 

where the insurgent forces are located, their capabilities and 

sources of funding. (10 minutes) 

6. Renzi (AZ): Makes findings with respect to the President’s authority to protect national security information and the harm from 

unauthorized disclosures of classified information, and express the 

Sense of Congress that the President should utilize his constitutional authority to the fullest extent practicable (where warranted) 

to classify and protect national security information and take action against persons who commit unauthorized disclosures. (20 

minutes) 

TEXT OF AMENDMENTS MADE IN ORDER 

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOEKSTRA

OF MICHIGAN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 421, strike subsection (c) (page 29, lines 15 through 

23). 

Page 29, line 24, redesignate subsection (d) as subsection (c). 

Amend paragraph (1) of section 441 (page 39, line 8) to read as 

follows: 

(1) in subparagraph (H), by inserting ‘‘the Coast Guard’’ after 

‘‘the Marine Corps’’; 

Page 39, line 15, strike the final period and insert a semicolon. 

Page 39, after line 15, insert the following new paragraphs: 

(3) by redesignating subparagraph (L) as subparagraph (M); 

and 

(4) by inserting after subparagraph (K) the following new 

subparagraph: 

‘‘(L) The Office of National Security Intelligence of the 

Drug Enforcement Administration.’’. 


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2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOSSELLA

OF NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following (and conform the table 

of contents accordingly): 

TITLE VI—COMMUNICATION OF INFORMATION CONCERNING TERRORIST 

THREATS 

SEC. 601. IDENTIFICATION OF BEST PRACTICES. 

(a) STUDY.—The Secretary of Homeland Security and the Director of National Intelligence shall conduct jointly, or contract with 

an entity to conduct, a study of the operations of Federal, State, 

and local government entities to identify best practices for the communication of information concerning a terrorist threat. 

(b) CONTENTS.— (1) IDENTIFICATION OF BEST PRACTICES.—The study conducted under this section shall be focused on an analysis and 

identification of the best practices of the information sharing 

processes of the following government entities. 

(A) Joint Terrorism Task Forces, which are operated by 

the Federal Bureau of Investigations with the participation of local law enforcement agencies. 

(B) State Homeland Security Fusion Centers, which are 

established by a State and share information with Federal 

departments. 

(C) The Homeland Security Operations Center, which is 

operated by the Department of Homeland Security for the 

purposes of coordinating information. 

(D) State and local law enforcement agencies that collect, utilize, and disseminate information on potential terrorist attacks. 

(E) The appropriate elements of the intelligence community, as defined in section 3 of the National Security Act 

of 1947 (50 U.S.C. 401a), involved in the sharing of 

counter-terrorism information. 

(2) COORDINATION OF GOVERNMENT ENTITIES.—The study 

conducted under this section shall include an examination of 

methods for coordinating the activities of Federal, State, and 

local entities in responding to a terrorist threat, and specifically the communication to the general public of information 

concerning the threat. The study shall not include an examination of the sources and methods used in the collection of the 

information. 

(c) OBTAINING OFFICIAL DATA.—In conducting the study, the Secretary, in conjunction with the Director, with due regard for the 

protection of classified information, may secure directly from any 

department or agency of the United States information necessary 

to enable the Secretary to carry out this section. Classified information shall be handled through established methods for controlling 

such information. 

(d) TEMPORARY DUTY OF FEDERAL PERSONNEL.—The Secretary, 

in conjunction with the Director, may request the head of any deVerDate Aug 31 2005 04:55 Apr 26, 2006 Jkt 049008 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR438.XXX HR438

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partment or agency of the United States to detail to temporary 

duty personnel within the administrative jurisdiction of the head of 

the department or agency that the Secretary may need to carry out 

this section, each detail to be without loss of seniority, pay, or other 

employee status. 

(e) REPORT.— (1) IN GENERAL.—Not later than 6 months after the date of 

enactment of this Act, the Secretary, in conjunction with the 

Director, shall submit to Congress a report that contains— (A) a detailed statement of the findings and conclusions 

of the study, including identification of the best practices 

for the processing, analysis, and dissemination of information between the government entities referred to in subsection (b)(1); and 

(B) recommendations for a formalized process of consultation, communication, and confidentiality between Federal, State, and local governments, incorporating the best 

practices of the various entities studied, to facilitate communication and help prevent the unauthorized dissemination of information and criticism of decisions concerning 

terrorist threats. 

(2) CLASSIFIED INFORMATION.—To the extent determined appropriate by the Secretary, in conjunction with the Director, 

the Secretary may submit a portion of the report in classified 

form. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $5,000,000 for fiscal year 

2007. 

SEC. 602. CENTERS OF BEST PRACTICES. 

(a) IN GENERAL.—The Secretary of Homeland Security, in consultation with the Director of National Intelligence, shall make 

grants for the establishment and operation of 3 centers to implement the best practices, identified by the study conducted under 

section 601, for the processing, analysis, and dissemination of information concerning a terrorist threat (in this section, each referred 

to as a ‘‘Center’’). 

(b) LOCATION OF CENTERS.—In carrying out subsection (a), the 

Secretary, in consultation with the Director, shall make grants to— (1) the State of New York for the establishment of a Center 

to be located in New York City; 

(2) the State of Michigan for the establishment of a Center 

to be located in Detroit; and 

(3) the State of California for the establishment of a Center 

to be located in Los Angeles. 

(c) PURPOSE OF CENTERS.—Each Center shall—

(1) implement the best practices, identified by the study conducted under section 601, for information sharing concerning a 

terrorist threat; 

(2) coordinate the communication of these best practices with 

other metropolitan areas; 

(3) coordinate with the Secretary and the Director to develop 

a training curriculum to implement these best practices; 

(4) provide funding and technical assistance to other metropolitan areas to assist the metropolitan areas in the implementation of the curriculum developed under paragraph (3); and 


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(5) coordinate with the Secretary and the Director to establish a method to advertise and disseminate these best practices. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated for making grants under this section— (1) $10,000,000 for fiscal year 2007 for the establishment of 

the Centers; and 

(2) $3,000,000 for each of fiscal years 2008 through 2012 for 

the operation of the Centers. 

(e) REPORT TO CONGRESS.—Not later than March 31, 2010, the 

Secretary, in consultation with the Director, shall submit to Congress a report evaluating the operations of the Centers and making 

recommendations for future funding. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEE OF

CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following new section: 

SEC. 510. REPORT ON AUTHORIZATION TO OVERTHROW DEMOCRATICALLY ELECTED GOVERNMENTS. 

Not later than 120 days after the date of the enactment of this 

Act, the President 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 any 

authorization granted during the 10-year period ending on the date 

of the enactment of this Act to engage in intelligence activities related to the overthrow of a democratically elected government. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PRICE OF

NORTH CAROLINA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title III, add the following new section: 

SEC. 308. ACCOUNTABILITY IN INTELLIGENCE CONTRACTING. 

(a) REPORT ON REGULATIONS GOVERNING INTELLIGENCE COMMU- NITY CONTRACTING.— (1) REPORT REQUIREMENT.—Not later than 90 days after the 

date of the enactment of this Act, the Director of National 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 on regulations governing covered contracts under the National Intelligence Program and, at the discretion of the Director of National Intelligence, the Military Intelligence Program. 

(2) MATTERS COVERED.—

(A) The report required by paragraph (1) shall include a 

description of any relevant regulations prescribed by the 

Director of National Intelligence or by the heads of agencies in the intelligence community, including those relating 

to the following matters: 

(i) Types of functions or activities that may be appropriately carried out by contractors. 

(ii) Minimum standards regarding the hiring, training, security clearance, and assignment of contract 

personnel. 


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(iii) Procedures for conducting oversight of covered 

contracts to ensure identification and prosecution of 

criminal violations; financial waste, fraud, or abuse; or 

other abuses committed by contractors or contract personnel. 

(B) The report also shall include a description of 

progress made by the Director of National Intelligence in 

standardizing the regulations described in subparagraph 

(A) across the different agencies of the National Intelligence Program to the extent practicable. 

(3) FORM OF REPORT.—The report required by paragraph (1) 

shall be in unclassified form, but may contain a classified 

annex if necessary. 

(b) ACCOUNTABILITY REQUIREMENTS FOR CONTRACTS AWARDED BY

INTELLIGENCE COMMUNITY AGENCIES.—

(1) INFORMATION ON INTELLIGENCE ACTIVITIES TO BE PERFORMED.—Each covered contract in an amount greater than 

$1,000,000 shall require the contractor to provide to the contracting officer for the contract, not later than 5 days after 

award of the contract, the following information regarding intelligence activities performed under the contract: 

(A) Number of persons to be used to perform such functions. 

(B) A description of how such persons are trained to 

carry out tasks specified under the contract relating to 

such functions. 

(C) A description of each category of activity relating to 

such functions required by the contract. 

(2) UPDATES.—The information provided under paragraph (1) 

shall be updated during contract performance as necessary. 

(3) INFORMATION ON COSTS.—Each covered contract shall include the following requirements: 

(A) Upon award of the contract, the contractor shall provide to the contracting officer cost estimates of salary, benefits, insurance, materials, logistics, administrative costs, 

and other costs of carrying out intelligence activities under 

the contract. 

(B) Before contract closeout (other than closeout of a 

firm, fixed price contract), the contractor shall provide to 

the contracting officer a report on the actual costs of carrying out intelligence activities under the contract, in the 

same categories as provided under subparagraph (A). 

(c) ACCOUNTABILITY REQUIREMENTS FOR CONTRACTING AGENCIES

OF THE INTELLIGENCE COMMUNITY.—

(1) REPORT REQUIREMENT.—Not later than 90 days after the 

date of the enactment of this Act, and annually thereafter, the 

Director of National 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 containing the information described in paragraph (2) on contracting activities in the intelligence community. 

(2) MATTERS COVERED.—The report required by paragraph 

(1) shall include the following information: 


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(A) A list of contracts awarded for intelligence activities 

by each agency in the intelligence community during the 

one-year period preceding the date of submission of the report. 

(B) A description of the activities to be performed by contractors in fulfillment of each contract on the list under 

subparagraph (A), including whether such activities are 

classified or unclassified. 

(C) The number of personnel carrying out work under 

each such contract. 

(D) The estimated cost of performance of the work required by each such contract. 

(d) RETENTION OF INTELLIGENCE COMMUNITY PROFESSIONALS.—

(1) REPORT REQUIREMENT.—Not later than 90 days after the 

date of the enactment of this Act, the Director of National of 

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 on hiring, 

promotion, and retention of intelligence community professionals. 

(2) MATTERS COVERED.—The report required by paragraph 

(1) shall include the following: 

(A) Recommendations regarding any bonuses, benefits, 

or other inducements that would help the intelligence community to hire, promote, and retain its professional workforce in order to compete effectively against the attraction 

of private sector opportunities. 

(B) Recommendations regarding any policy changes, including changes to policies governing the awarding of security clearances, that may promote hiring, promotion, and 

retention of the intelligence community professional workforce. 

(C) A description of any additional authority needed 

from Congress to implement the recommendations under 

subparagraphs (A) and (B). 

(3) FORM OF REPORT.—The report required by paragraph (1) 

shall be in unclassified form, but may contain a classified 

annex if necessary. 

(e) DEFINITIONS.—In this section: 

(1) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence community’’ has the meaning given the term in section 3(4) of the 

National Security Act of 1947 (50 U.S.C. 401a(4)). 

(2) COVERED CONTRACT.—The term ‘‘covered contract’’

means—

(A) a prime contract with any agency or office that is 

part of the intelligence community; 

(B) a subcontract at any tier under any prime contract 

with an office or agency referred to in subparagraph (A); 

or 

(C) a task order issued under a task or delivery order 

contract entered into by an office or agency referred to in 

subparagraph (A), if the work to be performed under the 

contract, subcontract, or task order includes intelligence 


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activities to be performed either within or outside the 

United States. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ANDREWS

OF NEW JERSEY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following new section: 

SEC. 510. REPORT ON INTELLIGENCE RELATING TO INSURGENT 

FORCES IN IRAQ. 

No later than 90 days after the date of the enactment of this Act, 

and every 90 days thereafter, the Director of National Intelligence 

shall submit to Congress a report, in classified form, on intelligence 

relating to the disposition of insurgent forces in Iraq fighting 

against Coalition forces and the forces of the Government of Iraq, 

including—

(1) an estimate of the number of insurgent forces; 

(2) an estimate of the number of insurgent forces that are—

(A) former members of the Ba’ath Party; and 

(B) members of al Qaeda or other terrorist organizations; 

(3) a description of where in Iraq the insurgent forces are located; 

(4) a description of the capability of the insurgent forces; and 

(5) a description of how the insurgent forces are funded. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RENZI OF

ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

At the end of the bill, add the following new section: 

SEC. 510. SENSE OF CONGRESS REGARDING UNAUTHORIZED DISCLOSURE OF CLASSIFIED INFORMATION. 

(a) FINDINGS.—Congress finds the following: 

(1) The Supreme Court has unequivocally recognized that 

the Constitution vests the President with the authority to protect national security information as head of the Executive 

Branch and as Commander-in-Chief. 

(2) The Supreme Court has recognized a compelling government interest in withholding national security information 

from unauthorized persons. 

(3) The Supreme Court has recognized that secrecy agreements for government employees are a reasonable means for 

protecting this vital interest. 

(4) The Supreme Court has noted that ‘‘It should be obvious 

that no one has a ‘right’ to a security clearance’’. 

(5) Unauthorized disclosures of classified information relating to national security are most damaging when they have the 

potential to compromise intelligence sources and methods and 

ongoing intelligence operations. 

(6) Potential unauthorized disclosures of classified information has impeded relationships with foreign intelligence services and the effectiveness of the Global War on Terrorism. 

(7) Media corporations and journalists have improperly profited financially from publishing purported unauthorized disclosures of classified information. 


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(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

President should utilize the constitutional authority of the President to the fullest practicable extent, where warranted, to classify 

and protect national security information relating to intelligence 

activities and information and to take effective action against persons who commit unauthorized disclosures of classified information 

relating to intelligence activities and information contrary to law 

and voluntary secrecy agreements. 

Æ 


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