[Congressional Record: December 4, 2007 (House)] [Page H14126-H14128] MOTION TO GO TO CONFERENCE ON H.R. 2082, INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2008 Mr. REYES. Madam Speaker, pursuant to clause 1 of rule XXII and by direction of the Permanent Select Committee on Intelligence, I move to take from the Speaker's table the bill (H.R. 2082) to authorize appropriations for fiscal year 2008 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 a Senate amendment thereto, disagree to the Senate amendment, and agree to the conference asked by the Senate. The Clerk read the title of the bill. The motion was agreed to. A motion to reconsider was laid on the table. Motion to Instruct Offered by Mr. Hoekstra Mr. HOEKSTRA. Madam Speaker, I offer a motion to instruct conferees. The Clerk read as follows: Mr. Hoekstra moves that the managers on the part of the House at the conference on the disagreeing votes of the two Houses on the Senate amendment to the bill H.R. 2082 be instructed, to the maximum extent possible within the scope of the conference, to-- (1) eliminate any House or Senate provisions providing for earmarks as defined in clause 9(d) of rule XXI of the Rules of the House of Representatives; and (2) insist on provisions authorizing the maximum level of funding permissible for human intelligence collection activities. The SPEAKER pro tempore. Pursuant to clause 7 of rule XXII, the gentleman from Michigan (Mr. Hoekstra) and the gentleman from Texas (Mr. Reyes) each will control 30 minutes. The Chair recognizes the gentleman from Michigan. Mr. HOEKSTRA. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, this motion to instruct is about priorities. America continues to face threats. We are engaged in a global struggle against radical jihadists. For a time of war, for a time of threats like this, the priorities of portions of this intelligence bill are completely misplaced in critical areas. The motion to instruct would make our priorities clearer by eliminating provisions providing for earmarks and by ensuring the maximum level of funding for increasing human intelligence collection. Our intelligence programs should be based on only one primary consideration: what best ensures that the intelligence community is able to do its job in the best interest of the national security of the United States. This motion would ensure that we are appropriating and authorizing funding on a bipartisan basis to critical human intelligence programs based on the merit of these programs and the intelligence we learn from them. The unclassified National Intelligence Estimate's key judgments released publicly just yesterday illustrate how important intelligence gathering is to our national security. As we take a look at where we want to put our priorities, it is clear from what we have learned and what we understand in this committee the importance of putting resources, the necessary resources on human intelligence, and to remove them from earmarks, Members' pet projects, which don't necessarily always go through the rigorous process necessary to ensure that the funding for these projects and these programs is appropriate. I encourage my colleagues to vote for this motion to instruct to make sure that we put the resources where they will make maximum benefit to the intelligence community. Madam Speaker, I reserve the balance of my time. Mr. REYES. Madam Speaker, I rise in opposition to the motion to instruct, and I yield myself such time as I may consume. Madam Speaker, this motion is not about policy. It is not even about priorities; it is about politics. This bill that we passed, this bill that passed the House, the bill we are talking about tonight, is legislation that sets unprecedented levels of commitment for our intelligence community, to the professionals who are charged with keeping this country safe. It sets the priorities for human intelligence. It sets record levels and expenditures from the House so that those professionals that are charged with keeping us safe, keeping this Nation secure, have the necessary resources to do that job. This legislation also prioritizes the issue of diversifying the intelligence workforce. This legislation protects this country. This legislation prioritizes those issues that are vitally important that we pass here tonight. So for those reasons and because for the first time in history we have had care and process with this legislation, setting record levels of expenditures for our intelligence community, I urge all my colleagues to vote ``no'' on the motion. Madam Speaker, I reserve the balance of my time. Mr. HOEKSTRA. Madam Speaker, I yield myself such time as I may consume. [[Page H14127]] Madam Speaker, this is about priorities. It is about priorities in terms of allocating dollars to those programs which the intelligence community and the committee itself has taken a look at and thoroughly debated and thoroughly gone through and said this is where the money needs to be spent versus putting money into Members' projects. This is not about a project for a school back home or things that we see in some of the other appropriations bills. These are national security, intelligence priority projects; and putting earmarks into this bill is something that we think is inappropriate, especially as we have gone through that process, at least for one of these, where the committee didn't go through a process where it went through the committee and wasn't identified as an earmark and we get to the floor and it is an earmark and it is for a significant amount of money and it is for programs that people have taken a look at and said: this is not a necessary program; and as a matter of fact, this is duplicative of other things that are already being done in the community or being done in the Federal Government. It is saying, no, we are not doing these earmarks, especially for those types of redundant and wasteful government spending. It is important that as we focus on the intelligence community, that we spend the dollars where it makes the most sense. As we take a look at some of the earmarks in this bill, it is clear it is not the most effective way to spend taxpayer money in an area that is critical to the safety and the security of the American people. It is why we have put into this motion to instruct to take earmarks out. We are going to go to conference, and we are encouraging that on the House and Senate side both that we bring a bill that is free of earmarks to the House and the Senate floor when this conference report comes out of a conference committee. We think that that sets an important principle and an important precedent for the intelligence bill to have a bill that is free from earmarks. Madam Speaker, I reserve the balance of my time. Mr. REYES. Madam Speaker, I reserve the balance of my time. Mr. HOEKSTRA. Madam Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. Thornberry), a member of the committee. Mr. THORNBERRY. Madam Speaker, I agree with the chairman, there are many good things in this bill. This motion to instruct raises two issues. One is that human intelligence is very important, and the motion to instruct would insist on the provisions authorizing the maximum level of funding permissible for human intelligence collection activities. Madam Speaker, gathering intelligence through human collection is in many ways classic intelligence work, but it is more important than ever in an age of terrorism where a very small number of individuals can get together and can do great damage. So to find out about such a group, much less to find out what their intentions and capabilities may be, we require human intelligence. Technical collection is very, very important, and we have lots of debates on this floor about one particular aspect of that. But the rest of the story is war threats are moving underground and in places where technical collection is difficult. And so human intelligence which doesn't just spring overnight, which takes months, if not years, to develop, is absolutely crucial today in the fight against radical Islamic terrorists and tomorrow against all sorts of threats. This motion to instruct says we have to insist on the maximum funding level today so the country will be better prepared tomorrow. But the second thing that this motion to instruct does is it tries to strengthen, I would say, the integrity and the credibility of what this committee and this Congress do. Intelligence is really the only part of government that operates outside of the scrutiny and oversight from the press and other people and institutions outside of the government. So that puts more responsibility on our shoulders, on this institution, on the Committee on Intelligence, and on the products we produce. So if a bill that this committee or this Congress produces has specific earmarks for specific projects in specific Members' districts, when you don't have that outside scrutiny, I think it calls our credibility into question. {time} 1745 And it clearly does so because we have had a history, unfortunately, in this institution of a problem in that area. So this year, the motion to instruct conferees says the better course is to remove all of those earmarks, to have a bill clean of earmarks. We have funding for individual programs and individual initiatives, most of which cannot be discussed on this floor. But the better course is to fund those things, many of the good things the chairman talked about, but take away the earmarks, the specific funding for specific programs in specific Members' districts that call our credibility into question. That is why I think this motion to instruct emphasizes the important good things in this bill, but it makes it stronger by increasing its integrity and credibility, and I hope Members will support it. Mr. REYES. Madam Speaker, I rise and yield myself such time as I may consume. Again, unfortunately this motion is not about policy, it is not about priorities, it is not even about earmarks; it is about politics. Using politics, I think, at a time when our intelligence professionals depend on us to provide them the means and the tools and the funds with which to keep us safe is unfortunate. Nonetheless, I urge my colleagues to vote ``no'' on this motion. I yield back the balance of my time. Mr. HOEKSTRA. Madam Speaker, I thank my colleague, and yield myself such time as I may consume. My colleague, the chairman, is exactly right, that it is important that we give our resources to the intelligence community for the activities they believe are most important, not perhaps what an individual Member of Congress may believe is important for them. It is why we are asking in this motion to instruct for a clean bill. As my colleague from Texas on this side of the aisle talked about earlier, there have been unfortunate cases, not only on this committee but on other committees, about Members abusing the privilege and responsibility of putting in earmarks. This takes away that responsibility. This takes away that opportunity for Members to direct funding outside of the normal course of business of the committee. What it does is it says, let's make sure that we fully fund human intelligence capabilities. Our dedication is to provide the resources to those people who are involved in human intelligence. That is, we take a look at the various groups that have taken a look at the intelligence community since 9/11 and determined that one of the critical weaknesses we had was in human intelligence, in many different facets: that we don't have enough of those resources, we don't have the resources with the right capabilities and the right places, and those types of things. And as we take a look at where we are today, not only is that the analysis of where we were shortly after 9/11, it is also a clear indication of, in many cases, where I believe that we still are today: that we are woefully inadequate in terms of having a balanced approach, in terms of technical collection and human intelligence, and these types of things. And the weak leg, the short leg on a three- legged stool continues to be human intelligence. And what we are saying is move the money from earmarks to making sure that we fully fund this extremely important capability in the intelligence community that for far too long has been neglected, in some cases neglected by this Congress and in other cases neglected by the community. One of, I think, the strong parts of the intel community is that on a bipartisan basis we have been putting pressure in trying to get the intel community to respond and to put in place the resources, the capabilities, and the focus on building a very effective system of human intelligence. And this is just one more step to send a clear signal to the intelligence community that says we, as policymakers, believe that you still have not done enough to build up our human intelligence capabilities, and we are taking these additional steps in this bill to make sure that [[Page H14128]] these capabilities are enhanced and to send a clear signal to you that we want you and the community to do more. We want you to do more, we want you to do it sooner, we want you to do it quicker, and we need to you to do it better, because it continues to be an area that we have significant concern about. And as we do this, what we are doing is we are taking money, again, as I identified, from programs, various sources in the media where some of these earmarks have been public and where various other government auditing agencies have taken a look at these programs and said: Wait a minute. This is duplicative, it is not effective, and it maybe doesn't even add anything to the intelligence capabilities of the United States of America. So you have people in the intelligence community wondering and saying, if this is so important, if HUMINT is so important, then why are we funding these other types of programs, these Member requests? This motion to instruct sends a very, very clear signal that says Member priorities are no longer Member priorities. As a matter of fact, the priority of this committee, the priority of this Congress, is to put the money where it needs to be and to put it in places that fills the gaps that we have identified in the intelligence community. And the biggest gap and the biggest area of weakness that we have today is human intelligence. This sends a clear signal to the intelligence community that we have our priorities right; that it is about them and it is not about this House or individual Members or individual Members' districts; that it is about the bigger objective of getting things done in the intelligence community at a time when this country continues to be at risk, whether it is the nonstate actors, people like al Qaeda, other radical jihadist groups and those types of threats, or whether it is the threats that come from state actors, whether it is North Korea, whether it is Iran, whether it is Russia, whether it is Venezuela, or whatever emerging threat that is out here, it sends a very, very clear and distinct message that says those are our priorities, that is where we want to put our money, that is where the threats come from. And, as a signal of being aligned with the intelligence community, we as a committee and we as a Congress are willing, and not only willing, we are mandating, we are instructing the conferees to give up their earmarks, to give up their Member projects, to make sure that we get maximum effect for the dollars that we are spending in this area. That is what this motion to instruct is about. It is about getting maximum effectiveness for the dollars that we allocate into the community. We spend a lot of money in this area, but we all know that some of the results that we get have not been the kind of leading edge or providing us with the insights into the threats that we would like to have. This motion to instruct says, clearly, it is not going to be about us taking money from the intelligence community and putting them into Member projects; it is going in the other direction, to make sure that if the intelligence community comes up short, but we really believe that it won't come up short, that we will be providing it with the resources that will enable it to do the job that we need it to do. That is why this is an important motion to instruct. That is why we are asking our colleagues to support this motion to instruct, to make sure that we have got alignment between the Congress, and that we have got alignment between Congress and the intel community, and making sure that we put the dollars where they make the most difference and where they will be most effective. That is why I ask my colleagues to vote for this motion to instruct, to send a clear signal to the conferees as to where they want to go and where they need to go and what we want to see coming back from the conferees in a conference report: A bill that focuses resources on what will build this community and not what may build things within a Members' district. Let's put the resources where they need to be. Let's put the resources addressing some of the weaknesses that this committee has identified through its oversight process over the last 12 months. Vote for this motion to instruct. I yield back the balance of my time. The SPEAKER pro tempore. Without objection, the previous question is ordered on the motion to instruct. There was no objection. The SPEAKER pro tempore. The question is on the motion to instruct. The question was taken; and the Speaker pro tempore announced that the noes appeared to have it. Mr. HOEKSTRA. Madam Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. The point of no quorum is considered withdrawn. ____________________ [Congressional Record: December 4, 2007 (House)] [Page H14130-H14131] APPOINTMENT OF CONFEREES ON H.R. 2082, INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2008 Motion to Instruct Offered by Mr. Hoekstra The SPEAKER pro tempore. The unfinished business is the question on the motion to instruct offered by the gentleman from Michigan (Mr. Hoekstra) which the Chair will put de novo. The Clerk will redesignate the motion. The Clerk redesignated the motion. The SPEAKER pro tempore. The question is on the motion to instruct. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Recorded Vote Mr. HOEKSTRA. Madam Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. This will be a 5-minute vote. The vote was taken by electronic device, and there were--ayes 249, noes 160, not voting 22, as follows: [Roll No. 1125] AYES--249 Aderholt Akin Alexander Andrews Bachmann Bachus Baird Baker Barrett (SC) Barrow Bartlett (MD) Barton (TX) Bean Biggert Bilbray Bilirakis Bishop (UT) Blackburn Blunt Boehner Bonner Bono Boozman Boustany Boyda (KS) Brady (TX) Braley (IA) Broun (GA) Brown (SC) Brown-Waite, Ginny Buchanan Burgess Burton (IN) Butterfield Buyer [[Page H14131]] Calvert Camp (MI) Campbell (CA) Cannon Cantor Capito Capuano Cardoza Carnahan Carter Castle Chabot Chandler Coble Cole (OK) Conaway Cooper Costa Crenshaw Cuellar Culberson Cummings Davis (AL) Davis (IL) Davis (KY) Davis, David Davis, Lincoln Davis, Tom Deal (GA) DeFazio Dent Diaz-Balart, L. Diaz-Balart, M. Dingell Donnelly Doolittle Drake Dreier Duncan Edwards Ehlers Ellsworth Emerson English (PA) Everett Fallin Feeney Ferguson Flake Forbes Fortenberry Fossella Foxx Franks (AZ) Frelinghuysen Gallegly Garrett (NJ) Gerlach Giffords Gilchrest Gingrey Gohmert Goode Goodlatte Gordon Granger Graves Hall (NY) Hare Hastings (WA) Hayes Heller Hensarling Herger Hill Hobson Hoekstra Hulshof Inglis (SC) Issa Johnson (IL) Johnson, Sam Jones (NC) Jones (OH) Jordan Keller Kind King (IA) King (NY) Kingston Kirk Klein (FL) Kline (MN) Knollenberg Kuhl (NY) LaHood Lamborn Lampson Latham LaTourette Lewis (CA) Lewis (KY) LoBiondo Loebsack Lucas Lungren, Daniel E. Lynch Mack Mahoney (FL) Manzullo Marchant Marshall McCarthy (CA) McCaul (TX) McCotter McCrery McHenry McHugh McIntyre McKeon McMorris Rodgers McNerney Melancon Mica Michaud Miller (FL) Miller (MI) Moore (KS) Moran (KS) Murphy (CT) Murphy, Tim Musgrave Myrick Neugebauer Oberstar Obey Paul Pearce Pence Peterson (MN) Peterson (PA) Petri Pickering Pitts Platts Porter Price (GA) Pryce (OH) Putnam Radanovich Ramstad Rangel Regula Rehberg Reichert Renzi Reynolds Rogers (AL) Rogers (KY) Rogers (MI) Rohrabacher Ros-Lehtinen Roskam Ross Royce Rush Ryan (WI) Sali Saxton Schiff Schmidt Sensenbrenner Sessions Sestak Shadegg Shays Shimkus Shuster Simpson Smith (NJ) Smith (TX) Smith (WA) Snyder Souder Space Spratt Stearns Sullivan Tanner Taylor Terry Thornberry Tiahrt Tiberi Turner Udall (CO) Udall (NM) Upton Visclosky Walberg Walden (OR) Walsh (NY) Walz (MN) Wamp Weldon (FL) Westmoreland Wexler Whitfield Wicker Wilson (NM) Wilson (OH) Wilson (SC) Wolf Young (FL) NOES--160 Abercrombie Ackerman Allen Altmire Arcuri Baca Baldwin Becerra Berkley Berman Berry Bishop (GA) Bishop (NY) Blumenauer Boren Boswell Boucher Boyd (FL) Brady (PA) Capps Carney Castor Clarke Clay Cleaver Clyburn Cohen Conyers Costello Courtney Cramer Crowley Davis (CA) Delahunt Dicks Doggett Doyle Ellison Emanuel Engel Eshoo Etheridge Farr Fattah Filner Frank (MA) Gillibrand Gonzalez Green, Al Green, Gene Grijalva Gutierrez Harman Hastings (FL) Herseth Sandlin Higgins Hinchey Hirono Hodes Holden Holt Honda Hoyer Inslee Israel Jackson (IL) Jackson-Lee (TX) Jefferson Johnson (GA) Johnson, E. B. Kagen Kanjorski Kaptur Kennedy Kildee Kilpatrick Langevin Lantos Larsen (WA) Larson (CT) Lee Levin Lewis (GA) Lipinski Lofgren, Zoe Lowey Maloney (NY) Markey Matheson Matsui McCarthy (NY) McCollum (MN) McDermott McGovern McNulty Meek (FL) Meeks (NY) Miller (NC) Miller, George Mitchell Mollohan Moore (WI) Murphy, Patrick Murtha Nadler Napolitano Neal (MA) Olver Ortiz Pallone Pascrell Pastor Payne Perlmutter Pomeroy Price (NC) Rahall Reyes Richardson Rodriguez Rothman Roybal-Allard Ruppersberger Ryan (OH) Salazar Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schwartz Scott (GA) Scott (VA) Serrano Shea-Porter Sherman Shuler Sires Skelton Slaughter Solis Stark Stupak Sutton Tauscher Thompson (CA) Thompson (MS) Tierney Tsongas Van Hollen Velazquez Waters Watson Watt Waxman Weiner Welch (VT) Woolsey Wu Wynn Yarmuth NOT VOTING--22 Brown, Corrine Carson Cubin DeGette DeLauro Hall (TX) Hinojosa Hooley Hunter Jindal Kucinich Linder Miller, Gary Moran (VA) Nunes Poe Smith (NE) Tancredo Towns Wasserman Schultz Weller Young (AK) Announcement by the Speaker Pro Tempore The SPEAKER pro tempore (during the vote). Members are advised less than 2 minutes remain on this vote. {time} 1920 Messrs. NEAL of Massachusetts, WELCH of Vermont, BISHOP of Georgia, MEEK of Florida, POMEROY, SCOTT of Georgia, LIPINSKI, JACKSON of Illinois, and Ms. SCHAKOWSKY changed their vote from ``aye'' to ``no.'' So the motion to instruct was agreed to. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. ____________________