[Congressional Record Volume 157, Number 194 (Friday, December 16, 2011)]
[House]
[Pages H9801-H9810]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012
Mr. ROGERS of Michigan. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendment to the bill (H.R. 1892) to authorize
appropriations for fiscal year 2012 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 Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2012''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; Table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Annual report on hiring of National Security Education
Program participants.
Sec. 304. Enhancement of authority for flexible personnel management
among the elements of the intelligence community.
Sec. 305. Preparation of nuclear proliferation assessment statements.
Sec. 306. Cost estimates.
Sec. 307. Updates of intelligence relating to terrorist recidivism of
detainees held at United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 308. Notification of transfer of a detainee held at United States
Naval Station, Guantanamo Bay, Cuba.
Sec. 309. Enhanced procurement authority to manage supply chain risk.
Sec. 310. Burial allowance.
Sec. 311. Modification of certain reporting requirements.
Sec. 312. Review of strategic and competitive analysis conducted by the
intelligence community.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Intelligence community assistance to counter drug trafficking
organizations using public lands.
Sec. 402. Application of certain financial reporting requirements to
the Office of the Director of National Intelligence.
Sec. 403. Public availability of information regarding the Inspector
General of the Intelligence Community.
Sec. 404. Clarification of status of Chief Information Officer in the
Executive Schedule.
Sec. 405. Temporary appointment to fill vacancies within Office of the
Director of National Intelligence.
Subtitle B--Central Intelligence Agency
Sec. 411. Acceptance of gifts.
Sec. 412. Foreign language proficiency requirements for Central
Intelligence Agency officers.
Sec. 413. Public availability of information regarding the Inspector
General of the Central Intelligence Agency.
Sec. 414. Creating an official record of the Osama bin Laden operation.
Sec. 415. Recruitment of personnel in the Office of the Inspector
General.
Subtitle C--National Security Agency
Sec. 421. Additional authorities for National Security Agency security
personnel.
Subtitle D--Other Elements
Sec. 431. Codification of Office of Intelligence and Analysis of the
Department of Homeland Security as element of the
intelligence community.
Sec. 432. Federal Bureau of Investigation participation in the
Department of Justice leave bank.
Sec. 433. Accounts and transfer authority for appropriations and other
amounts for intelligence elements of the Department of
Defense.
Sec. 434. Report on training standards of defense intelligence
workforce.
TITLE V--OTHER MATTERS
Sec. 501. Report on airspace restrictions for use of unmanned aerial
vehicles along the border of the United States and
Mexico.
Sec. 502. Sense of Congress regarding integration of fusion centers.
Sec. 503. Strategy to counter improvised explosive devices.
Sec. 504. Sense of Congress regarding the priority of railway
transportation security.
Sec. 505. Technical amendments to the National Security Act of 1947.
Sec. 506. Technical amendments to title 18, United States Code.
Sec. 507. Budgetary effects.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given
[[Page H9802]]
that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2012 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The
amounts authorized to be appropriated under section 101 and,
subject to section 103, the authorized personnel ceilings as
of September 30, 2012, for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through
(16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany the bill
H.R. 1892 of the One Hundred Twelfth Congress.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability to committees of congress.--The classified
Schedule of Authorizations referred to in subsection (a)
shall be made available to the Committee on Appropriations of
the Senate, the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
415c)
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
(c) Use of Funds for Certain Activities in the Classified
Annex.--In addition to any other purpose authorized by law,
the Director of the Federal Bureau of Investigation may
expend funds authorized in this Act as specified in the
Federal Bureau of Investigation Policy Implementation section
of the classified annex accompanying this Act.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National
Intelligence may authorize the employment of civilian
personnel in excess of the number of full-time equivalent
positions for fiscal year 2012 authorized by the classified
Schedule of Authorizations referred to in section 102(a) if
the Director of National Intelligence determines that such
action is necessary for the performance of important
intelligence functions, except that the number of personnel
employed in excess of the number authorized under such
section may not, for any element of the intelligence
community, exceed 3 percent of the number of civilian
personnel authorized under such section for such element.
(b) Authority for Conversion of Activities Performed by
Contract Personnel.--
(1) In general.--In addition to the authority in subsection
(a) and subject to paragraph (2), if the head of an element
of the intelligence community makes a determination that
activities currently being performed by contract personnel
should be performed by employees of such element, the
Director of National Intelligence, in order to reduce a
comparable number of contract personnel, may authorize for
that purpose employment of additional full-time equivalent
personnel in such element equal to the number of full-time
equivalent contract personnel performing such activities.
(2) Concurrence and approval.--The authority described in
paragraph (1) may not be exercised unless the Director of
National Intelligence concurs with the determination
described in such paragraph.
(c) Treatment of Certain Personnel.--The Director of
National Intelligence shall establish guidelines that govern,
for each element of the intelligence community, the treatment
under the personnel levels authorized under section 102(a),
including any exemption from such personnel levels, of
employment or assignment--
(1) in a student program, trainee program, or similar
program;
(2) in a reserve corps or as a reemployed annuitant; or
(3) in details, joint duty, or long-term, full-time
training.
(d) Notice to Congressional Intelligence Committees.--The
Director of National Intelligence shall notify the
congressional intelligence committees in writing at least 15
days prior to the initial exercise of an authority described
in subsection (a) or (b).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2012 the sum of $576,393,000. Within such amount, funds
identified in the classified Schedule of Authorizations
referred to in section 102(a) for advanced research and
development shall remain available until September 30, 2013.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 777 full-time or full-
time equivalent personnel as of September 30, 2012. Personnel
serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel
detailed from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2012 such additional amounts as are
specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
advanced research and development shall remain available
until September 30, 2013.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2012, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal
year 2012 the sum of $514,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 303. ANNUAL REPORT ON HIRING OF NATIONAL SECURITY
EDUCATION PROGRAM PARTICIPANTS.
Not later than 90 days after the end of each of fiscal
years 2012, 2013, and 2014, the head of each element of the
intelligence community shall submit to the congressional
intelligence committees a report, which may be in classified
form, containing the number of personnel hired by such
element during such fiscal year that were at any time a
recipient of a grant or scholarship under the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1901 et
seq.).
SEC. 304. ENHANCEMENT OF AUTHORITY FOR FLEXIBLE PERSONNEL
MANAGEMENT AMONG THE ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1) is amended by adding at the end the following
new subsection:
``(v) Authority To Establish Positions in Excepted
Service.--(1) The Director of National Intelligence, with the
concurrence of the head of the covered department concerned
and in consultation with the Director of the Office of
Personnel Management, may--
``(A) convert competitive service positions, and the
incumbents of such positions, within an element of the
intelligence community in such department, to excepted
service positions as the Director of National Intelligence
determines necessary to carry out the intelligence functions
of such element; and
``(B) establish new positions in the excepted service
within an element of the intelligence community in such
department, if the Director of National Intelligence
determines such positions are necessary to carry out the
intelligence functions of such element.
``(2) An incumbent occupying a position on the date of the
enactment of the Intelligence Authorization Act for Fiscal
Year 2012 selected to be converted to the excepted service
under this section shall have the right to refuse such
conversion. Once such individual no longer occupies the
position, the position may be converted to the excepted
service.
``(3) In this subsection, the term `covered department'
means the Department of Energy, the Department of Homeland
Security, the Department of State, or the Department of the
Treasury.''.
SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION ASSESSMENT
STATEMENTS.
Section 102A of the National Security Act of 1947 (50
U.S.C. 403-1), as amended by section 304 of this Act, is
further amended by adding at the end the following new
subsection:
``(w) Nuclear Proliferation Assessment Statements
Intelligence Community Addendum.--The Director of National
Intelligence, in consultation with the heads of the
appropriate elements of the intelligence community and the
Secretary of State, shall provide to the President, the
congressional intelligence committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate an addendum to
[[Page H9803]]
each Nuclear Proliferation Assessment Statement accompanying
a civilian nuclear cooperation agreement, containing a
comprehensive analysis of the country's export control system
with respect to nuclear-related matters, including
interactions with other countries of proliferation concern
and the actual or suspected nuclear, dual-use, or missile-
related transfers to such countries.''.
SEC. 306. COST ESTIMATES.
(a) In General.--Section 506A of the National Security Act
of 1947 (50 U.S.C. 415a-1) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``(A)'' after ``(2)''; and
(B) by adding at the end the following new subparagraph:
``(B) For major system acquisitions requiring a service or
capability from another acquisition or program to deliver the
end-to-end functionality for the intelligence community end
users, independent cost estimates shall include, to the
maximum extent practicable, all estimated costs across all
pertinent elements of the intelligence community. For
collection programs, such cost estimates shall include the
cost of new analyst training, new hardware and software for
data exploitation and analysis, and any unique or additional
costs for data processing, storing, and power, space, and
cooling across the life cycle of the program. If such costs
for processing, exploitation, dissemination, and storage are
scheduled to be executed in other elements of the
intelligence community, the independent cost estimate shall
identify and annotate such costs for such other elements
accordingly.''; and
(2) in subsection (e)(2)--
(A) by inserting ``(A)'' after ``(2)'';
(B) in subparagraph (A), as so designated, by striking
``associated with the acquisition of a major system,'' and
inserting ``associated with the development, acquisition,
procurement, operation, and sustainment of a major system
across its proposed life cycle,''; and
(C) by adding at the end the following:
``(B) In accordance with subsection (a)(2)(B), each
independent cost estimate shall include all costs required
across elements of the intelligence community to develop,
acquire, procure, operate, and sustain the system to provide
the end-to-end intelligence functionality of the system,
including--
``(i) for collection programs, the cost of new analyst
training, new hardware and software for data exploitation and
analysis, and any unique or additional costs for data
processing, storing, and power, space, and cooling across the
life cycle of the program; and
``(ii) costs for processing, exploitation, dissemination,
and storage scheduled to be executed in other elements of the
intelligence community.''.
(b) Effective Date.--The amendments made by this section
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 307. UPDATES OF INTELLIGENCE RELATING TO TERRORIST
RECIDIVISM OF DETAINEES HELD AT UNITED STATES
NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Updates and Consolidation of Language.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.) is amended by inserting after
section 506H the following new section:
``summary of intelligence relating to terrorist recidivism of detainees
held at united states naval station, guantanamo bay, cuba
``Sec. 506I. (a) In General.--The Director of National
Intelligence, in consultation with the Director of the
Central Intelligence Agency and the Director of the Defense
Intelligence Agency, shall make publicly available an
unclassified summary of--
``(1) intelligence relating to recidivism of detainees
currently or formerly held at the Naval Detention Facility at
Guantanamo Bay, Cuba, by the Department of Defense; and
``(2) an assessment of the likelihood that such detainees
will engage in terrorism or communicate with persons in
terrorist organizations.
``(b) Updates.--Not less frequently than once every 6
months, the Director of National Intelligence, in
consultation with the Director of the Central Intelligence
Agency and the Secretary of Defense, shall update and make
publicly available an unclassified summary consisting of the
information required by subsection (a) and the number of
individuals formerly detained at Naval Station, Guantanamo
Bay, Cuba, who are confirmed or suspected of returning to
terrorist activities after release or transfer from such
Naval Station.''.
(2) Initial update.--The initial update required by section
506I(b) of such Act, as added by paragraph (1) of this
subsection, shall be made publicly available not later than
10 days after the date the first report following the date of
the enactment of the Intelligence Authorization Act for
Fiscal Year 2012 is submitted to members and committees of
Congress pursuant to section 319 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 10 U.S.C. 801
note).
(b) Table of Contents Amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by inserting after the item relating to section 506H
the following new item:
``Sec. 506I. Summary of intelligence relating to terrorist recidivism
of detainees held at United States Naval Station,
Guantanamo Bay, Cuba.''.
SEC. 308. NOTIFICATION OF TRANSFER OF A DETAINEE HELD AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
(a) Requirement for Notification.--The President shall
submit to Congress, in classified form, at least 30 days
prior to the transfer or release of an individual detained at
Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to
the country of such individual's nationality or last habitual
residence or to any other foreign country or to a freely
associated State the following information:
(1) The name of the individual to be transferred or
released.
(2) The country or the freely associated State to which
such individual is to be transferred or released.
(3) The terms of any agreement with the country or the
freely associated State for the acceptance of such
individual, including the amount of any financial assistance
related to such agreement.
(4) The agencies or departments of the United States
responsible for ensuring that the agreement described in
paragraph (3) is carried out.
(b) Definition.--In this section, the term ``freely
associated States'' means the Federated States of Micronesia,
the Republic of the Marshall Islands, and the Republic of
Palau.
(c) Construction With Other Requirements.--Nothing in this
section shall be construed to supersede or otherwise affect
the following provisions of law:
(1) Section 1028 of the National Defense Authorization Act
for Fiscal Year 2012.
(2) Section 8120 of the Department of Defense
Appropriations Act, 2012.
SEC. 309. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY
CHAIN RISK.
(a) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means any
element of the intelligence community other than an element
within the Department of Defense.
(2) Covered item of supply.--The term ``covered item of
supply'' means an item of information technology (as that
term is defined in section 11101 of title 40, United States
Code) that is purchased for inclusion in a covered system,
and the loss of integrity of which could result in a supply
chain risk for a covered system.
(3) Covered procurement.--The term ``covered procurement''
means--
(A) a source selection for a covered system or a covered
item of supply involving either a performance specification,
as provided in section 3306(a)(3)(B) of title 41, United
States Code, or an evaluation factor, as provided in section
3306(b)(1) of such title, relating to supply chain risk;
(B) the consideration of proposals for and issuance of a
task or delivery order for a covered system or a covered item
of supply, as provided in section 4106(d)(3) of title 41,
United States Code, where the task or delivery order contract
concerned includes a contract clause establishing a
requirement relating to supply chain risk; or
(C) any contract action involving a contract for a covered
system or a covered item of supply where such contract
includes a clause establishing requirements relating to
supply chain risk.
(4) Covered procurement action.--The term ``covered
procurement action'' means any of the following actions, if
the action takes place in the course of conducting a covered
procurement:
(A) The exclusion of a source that fails to meet
qualifications standards established in accordance with the
requirements of section 3311 of title 41, United States Code,
for the purpose of reducing supply chain risk in the
acquisition of covered systems.
(B) The exclusion of a source that fails to achieve an
acceptable rating with regard to an evaluation factor
providing for the consideration of supply chain risk in the
evaluation of proposals for the award of a contract or the
issuance of a task or delivery order.
(C) The decision to withhold consent for a contractor to
subcontract with a particular source or to direct a
contractor for a covered system to exclude a particular
source from consideration for a subcontract under the
contract.
(5) Covered system.--The term ``covered system'' means a
national security system, as that term is defined in section
3542(b) of title 44, United States Code.
(6) Supply chain risk.--The term ``supply chain risk''
means the risk that an adversary may sabotage, maliciously
introduce unwanted function, or otherwise subvert the design,
integrity, manufacturing, production, distribution,
installation, operation, or maintenance of a covered system
so as to surveil, deny, disrupt, or otherwise degrade the
function, use, or operation of such system.
(b) Authority.--Subject to subsection (c) and in
consultation with the Director of National Intelligence, the
head of a covered agency may, in conducting intelligence and
intelligence-related activities--
(1) carry out a covered procurement action; and
(2) limit, notwithstanding any other provision of law, in
whole or in part, the disclosure of information relating to
the basis for carrying out a covered procurement action.
(c) Determination and Notification.--The head of a covered
agency may exercise the authority provided in subsection (b)
only after--
(1) any appropriate consultation with procurement or other
relevant officials of the covered agency;
(2) making a determination in writing, which may be in
classified form, that--
(A) use of the authority in subsection (b)(1) is necessary
to protect national security by reducing supply chain risk;
(B) less intrusive measures are not reasonably available to
reduce such supply chain risk; and
(C) in a case where the head of the covered agency plans to
limit disclosure of information under subsection (b)(2), the
risk to national security due to the disclosure of such
information
[[Page H9804]]
outweighs the risk due to not disclosing such information;
(3) notifying the Director of National Intelligence that
there is a significant supply chain risk to the covered
system concerned, unless the head of the covered agency
making the determination is the Director of National
Intelligence; and
(4) providing a notice, which may be in classified form, of
the determination made under paragraph (2) to the
congressional intelligence committees that includes a summary
of the basis for the determination, including a discussion of
less intrusive measures that were considered and why they
were not reasonably available to reduce supply chain risk.
(d) Delegation.--The head of a covered agency may not
delegate the authority provided in subsection (b) or the
responsibility to make a determination under subsection (c)
to an official below the level of the service acquisition
executive for the agency concerned.
(e) Savings.--The authority under this section is in
addition to any other authority under any other provision of
law. The authority under this section shall not be construed
to alter or effect the exercise of any other provision of
law.
(f) Effective Date.--The requirements of this section shall
take effect on the date that is 180 days after the date of
the enactment of this Act and shall apply to contracts that
are awarded on or after such date.
(g) Sunset.--The authority provided in this section shall
expire on the date that section 806 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 10 U.S.C. 2304 note) expires.
SEC. 310. BURIAL ALLOWANCE.
(a) Authorization to Provide.--
(1) In general.--The head of an agency or department
containing an element of the intelligence community may pay
to the estate of a decedent described in paragraph (2) a
burial allowance at the request of a representative of such
estate, as determined in accordance with the laws of a State.
(2) Description.--A decedent described in this paragraph is
an individual--
(A) who served as a civilian officer or employee of such an
agency or department;
(B) who died as a result of an injury incurred during such
service; and
(C) whose death--
(i) resulted from hostile or terrorist activities; or
(ii) occurred in connection with an intelligence activity
having a substantial element of risk.
(b) Use of Burial Allowance.--A burial allowance paid under
subsection (a) may be used to reimburse such estate for
burial expenses, including recovery, mortuary, funeral, or
memorial service, cremation, burial costs, and costs of
transportation by common carrier to the place selected for
final disposition of the decedent.
(c) Amount of Burial Allowance; Relationship to Other
Provisions.--A burial allowance paid under subsection (a)
shall be--
(1) in an amount not greater than--
(A) the maximum reimbursable amount allowed under
Department of Defense Instruction 1344.08 or successor
instruction; plus
(B) the actual costs of transportation referred to in
subsection (b); and
(2) in addition to any other benefit permitted under any
other provision of law, including funds that may be expended
as specified in the General Provisions section of the
classified annex accompanying this Act.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of
Personnel Management, in consultation with the Director of
National Intelligence, the Secretary of Labor, and the
Secretary of Defense, shall submit to Congress a report on
the feasibility of implementing legislation to provide for
burial allowances at a level which adequately addresses the
cost of burial expenses and provides for equitable treatment
when an officer or employee of a Federal agency or department
dies as the result of an injury sustained in the performance
of duty.
SEC. 311. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Intelligence Reform and Terrorism Prevention Act of
2004.--Section 1041(b) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 403-1b(b)) is
amended by striking paragraphs (3) and (4).
(b) Intelligence Authorization Act for Fiscal Year 2003.--
Section 904(d)(1) of the Intelligence Authorization Act for
Fiscal Year 2003 (50 U.S.C. 402c(d)(1)) is amended by
striking ``on an annual basis''.
(c) Intelligence Authorization Act for Fiscal Year 1995.--
Section 809 of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. App. 2170b) is amended--
(1) by striking subsection (b); and
(2) in subsection (c), by striking ``reports referred to in
subsections (a) and (b)'' and inserting ``report referred to
in subsection (a)''.
(d) Report on Temporary Personnel Authorizations for
Critical Language Training.--Paragraph (3)(D) of section
102A(e) of the National Security Act of 1947 (50 U.S.C. 403-
1(e)), as amended by section 306 of the Intelligence
Authorization Act for Fiscal Year 2010 (Public Law 111-259;
124 Stat. 2661), is amended by striking ``The'' and inserting
``For each of the fiscal years 2010, 2011, and 2012, the''.
SEC. 312. REVIEW OF STRATEGIC AND COMPETITIVE ANALYSIS
CONDUCTED BY THE INTELLIGENCE COMMUNITY.
(a) Review.--The Director of National Intelligence shall
direct the Director's Senior Advisory Group to conduct a
comprehensive review of the strategic and competitive
analysis of international terrorism and homegrown violent
extremism conducted by elements of the intelligence community
during the 12 month period beginning on the date of the
enactment of this Act.
(b) Recommendations.--Not later than 15 months after the
date of the enactment of this Act, the Director of the
National Intelligence shall submit to the congressional
intelligence committees--
(1) a report on the results of the review conducted under
subsection (a); and
(2) any actions taken by the Director to implement the
recommendations, if any, of the Director's Senior Advisory
Group based on such results.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. INTELLIGENCE COMMUNITY ASSISTANCE TO COUNTER DRUG
TRAFFICKING ORGANIZATIONS USING PUBLIC LANDS.
(a) Consultation.--The Director of National Intelligence
shall consult with the heads of the Federal land management
agencies on the appropriate actions the intelligence
community can take to assist such agencies in responding to
the threat from covered entities that are currently or have
previously used public lands in the United States to further
the operations of such entities.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees,
the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives a
report on the results of the consultation under subsection
(a). Such report shall include--
(1) an assessment of the intelligence community collection
efforts dedicated to covered entities, including any
collection gaps or inefficiencies; and
(2) an assessment of the ability of the intelligence
community to assist Federal land management agencies in
identifying and protecting public lands from illegal drug
grows and other activities and threats of covered entities,
including through the sharing of intelligence information.
(c) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means an
international drug trafficking organization or other actor
involved in drug trafficking generally.
(2) Federal land management agency.--The term ``Federal
land management agency'' includes--
(A) the Forest Service of the Department of Agriculture;
(B) the Bureau of Land Management of the Department of the
Interior;
(C) the National Park Service of the Department of the
Interior;
(D) the Fish and Wildlife Service of the Department of the
Interior; and
(E) the Bureau of Reclamation of the Department of the
Interior.
(3) Public lands.--The term ``public lands'' means land
under the management of a Federal land management agency.
SEC. 402. APPLICATION OF CERTAIN FINANCIAL REPORTING
REQUIREMENTS TO THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
For each of the fiscal years 2010, 2011, and 2012, the
requirements of section 3515 of title 31, United States Code,
to submit an audited financial statement shall not apply to
the Office of the Director of National Intelligence if the
Director of National Intelligence determines and notifies
Congress that audited financial statements for such years for
such Office cannot be produced on a cost-effective basis.
SEC. 403. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE
INSPECTOR GENERAL OF THE INTELLIGENCE
COMMUNITY.
Section 103H of the National Security Act of 1947 (50
U.S.C. 403-3h) is amended by adding at the end the following
new subsection:
``(o) Information on Website.--(1) The Director of National
Intelligence shall establish and maintain on the homepage of
the publicly accessible website of the Office of the Director
of National Intelligence information relating to the Office
of the Inspector General of the Intelligence Community
including methods to contact the Inspector General.
``(2) The information referred to in paragraph (1) shall be
obvious and facilitate accessibility to the information
related to the Office of the Inspector General of the
Intelligence Community.''.
SEC. 404. CLARIFICATION OF STATUS OF CHIEF INFORMATION
OFFICER IN THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
inserting after the item relating to the Chief Information
Officer, Small Business Administration the following new
item:
``Chief Information Officer of the Intelligence
Community.''.
SEC. 405. TEMPORARY APPOINTMENT TO FILL VACANCIES WITHIN
OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 103 of the National Security Act of 1947 (50 U.S.C.
403-3) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Temporary Filling of Vacancies.--With respect to
filling temporarily a vacancy in an office within the Office
of the Director of National Intelligence (other than that of
the Director of National Intelligence), section 3345(a)(3) of
title 5, United States Code, may be applied--
``(1) in the matter preceding subparagraph (A), by
substituting `an element of the intelligence community, as
that term is defined in
[[Page H9805]]
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)),' for `such Executive agency'; and
``(2) in subparagraph (A), by substituting `the
intelligence community' for `such agency'.''.
Subtitle B--Central Intelligence Agency
SEC. 411. ACCEPTANCE OF GIFTS.
Section 12 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403l(a)) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by striking the second and third sentences and
inserting the following:
``(2) Any gift accepted under this section (and any income
produced by any such gift)--
``(A) may be used only for--''
``(i) artistic display;
``(ii) purposes relating to the general welfare, education,
or recreation of employees or dependents of employees of the
Agency or for similar purposes; or
``(iii) purposes relating to the welfare, education, or
recreation of an individual described in paragraph (3); and
``(B) under no circumstances may such a gift (or any income
produced by any such gift) be used for operational purposes.
``(3) An individual described in this paragraph is an
individual who--
``(A) is an employee or a former employee of the Agency who
suffered injury or illness while employed by the Agency
that--
``(i) resulted from hostile or terrorist activities;
``(ii) occurred in connection with an intelligence activity
having a significant element of risk; or
``(iii) occurred under other circumstances determined by
the Director to be analogous to the circumstances described
in clause (i) or (ii);
``(B) is a family member of such an employee or former
employee; or
``(C) is a surviving family member of an employee of the
Agency who died in circumstances described in clause (i),
(ii), or (iii) of subparagraph (A).
``(4) The Director may not accept any gift under this
section that is expressly conditioned upon any expenditure
not to be met from the gift itself or from income produced by
the gift unless such expenditure has been authorized by law.
``(5) The Director may, in the Director's discretion,
determine that an individual described in subparagraph (A) or
(B) of paragraph (3) may accept a gift for the purposes
described in paragraph (2)(A)(iii).''; and
(2) by adding at the end the following new subsection:
``(f) The Director, in consultation with the Director of
the Office of Government Ethics, shall issue regulations to
carry out the authority provided in this section. Such
regulations shall ensure that such authority is exercised
consistent with all relevant ethical constraints and
principles, including--
``(1) the avoidance of any prohibited conflict of interest
or appearance of impropriety; and
``(2) a prohibition against the acceptance of a gift from a
foreign government or an agent of a foreign government.''.
SEC. 412. FOREIGN LANGUAGE PROFICIENCY REQUIREMENTS FOR
CENTRAL INTELLIGENCE AGENCY OFFICERS.
(a) In General.--Section 104A(g) of the National Security
Act of 1947 (50 U.S.C. 403-4a(g)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``in the Directorate of Intelligence
career service or the National Clandestine Service career
service'' after ``an individual'';
(ii) by inserting ``or promoted'' after ``appointed''; and
(iii) by striking ``individual--'' and inserting
``individual has been certified as having a professional
speaking and reading proficiency in a foreign language, such
proficiency being at least level 3 on the Interagency
Language Roundtable Language Skills Level or commensurate
proficiency level using such other indicator of proficiency
as the Director of the Central Intelligence Agency considers
appropriate.'';
(B) by striking subparagraphs (A) and (B); and
(2) in paragraph (2), by striking ``position or category of
positions'' both places that term appears and inserting
``position, category of positions, or occupation''.
(b) Effective Date.--Section 611(b) of the Intelligence
Authorization Act for Fiscal Year 2005 (Public Law 108-487;
50 U.S.C. 403-4a note) is amended--
(1) by inserting ``or promotions'' after ``appointments'';
and
(2) by striking ``that is one year after the date''.
(c) Report on Waivers.--Section 611(c) of the Intelligence
Authorization Act for Fiscal Year 2005 (Public Law 108-487;
118 Stat. 3955) is amended--
(1) in the first sentence--
(A) by striking ``positions'' and inserting ``individual
waivers''; and
(B) by striking ``Directorate of Operations'' and inserting
``National Clandestine Service''; and
(2) in the second sentence, by striking ``position or
category of positions'' and inserting ``position, category of
positions, or occupation''.
(d) Report on Transfers.--Not later than 45 days after the
date of the enactment of this Act, and on an annual basis for
each of the following 3 years, the Director of the Central
Intelligence Agency shall submit to the congressional
intelligence committees a report on the number of Senior
Intelligence Service employees of the Agency who--
(1) were transferred during the reporting period to a
Senior Intelligence Service position in the Directorate of
Intelligence career service or the National Clandestine
Service career service; and
(2) did not meet the foreign language requirements
specified in section 104A(g)(1) of the National Security Act
of 1947 (50 U.S.C. 403-4a(g)(1)) at the time of such
transfer.
SEC. 413. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE
INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE
AGENCY.
Section 17 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q) is amended by adding at the end the
following new subsection:
``(h) Information on Website.--(1) The Director of the
Central Intelligence Agency shall establish and maintain on
the homepage of the Agency's publicly accessible website
information relating to the Office of the Inspector General
including methods to contact the Inspector General.
``(2) The information referred to in paragraph (1) shall be
obvious and facilitate accessibility to the information
related to the Office of the Inspector General.''.
SEC. 414. CREATING AN OFFICIAL RECORD OF THE OSAMA BIN LADEN
OPERATION.
(a) Findings.--Congress finds the following:
(1) On May 1, 2011, United States personnel killed
terrorist leader Osama bin Laden during the course of a
targeted strike against his secret compound in Abbottabad,
Pakistan.
(2) Osama bin Laden was the leader of the al Qaeda
terrorist organization, the most significant terrorism threat
to the United States and the international community.
(3) Osama bin Laden was the architect of terrorist attacks
which killed nearly 3,000 civilians on September 11, 2001,
the most deadly terrorist attack against our Nation, in which
al Qaeda terrorists hijacked four airplanes and crashed them
into the World Trade Center in New York City, the Pentagon in
Washington, D.C., and, due to heroic efforts by civilian
passengers to disrupt the terrorists, near Shanksville,
Pennsylvania.
(4) Osama bin Laden planned or supported numerous other
deadly terrorist attacks against the United States and its
allies, including the 1998 bombings of United States
embassies in Kenya and Tanzania and the 2000 attack on the
U.S.S. Cole in Yemen, and against innocent civilians in
countries around the world, including the 2004 attack on
commuter trains in Madrid, Spain and the 2005 bombings of the
mass transit system in London, England.
(5) Following the September 11, 2001, terrorist attacks,
the United States, under President George W. Bush, led an
international coalition into Afghanistan to dismantle al
Qaeda, deny them a safe haven in Afghanistan and ungoverned
areas along the Pakistani border, and bring Osama bin Laden
to justice.
(6) President Barack Obama in 2009 committed additional
forces and resources to efforts in Afghanistan and Pakistan
as ``the central front in our enduring struggle against
terrorism and extremism''.
(7) The valiant members of the United States Armed Forces
have courageously and vigorously pursued al Qaeda and its
affiliates in Afghanistan and around the world.
(8) The anonymous, unsung heroes of the intelligence
community have pursued al Qaeda and affiliates in
Afghanistan, Pakistan, and around the world with tremendous
dedication, sacrifice, and professionalism.
(9) The close collaboration between the Armed Forces and
the intelligence community prompted the Director of National
Intelligence, General James Clapper, to state, ``Never have I
seen a more remarkable example of focused integration,
seamless collaboration, and sheer professional magnificence
as was demonstrated by the Intelligence Community in the
ultimate demise of Osama bin Laden.''.
(10) While the death of Osama bin Laden represents a
significant blow to the al Qaeda organization and its
affiliates and to terrorist organizations around the world,
terrorism remains a critical threat to United States national
security.
(11) President Obama said, ``For over two decades, bin
Laden has been al Qaeda's leader and symbol, and has
continued to plot attacks against our country and our friends
and allies. The death of bin Laden marks the most significant
achievement to date in our Nation's effort to defeat al
Qaeda.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the raid that killed Osama bin Laden demonstrated the
best of the intelligence community's capabilities and
teamwork;
(2) for years to come, Americans will look back at this
event as a defining point in the history of the United
States;
(3) it is vitally important that the United States
memorialize all the events that led to the raid so that
future generations will have an official record of the events
that transpired before, during, and as a result of the
operation; and
(4) preserving this history now will allow the United
States to have an accurate account of the events while those
that participated in the events are still serving in the
Government.
(c) Report on the Operation That Killed Osama Bin Laden.--
Not later than 90 days after the completion of the report
being prepared by the Center for the Study of Intelligence
that documents the history of and lessons learned from the
raid that resulted in the death of Osama bin Laden, the
Director of the Central Intelligence Agency shall submit such
report to the congressional intelligence committees.
(d) Preservation of Records.--The Director of the Central
Intelligence Agency shall preserve any records, including
intelligence information and assessments, used to generate
the report described in subsection (c).
[[Page H9806]]
SEC. 415. RECRUITMENT OF PERSONNEL IN THE OFFICE OF THE
INSPECTOR GENERAL.
(a) Study.--The Inspector General of the Office of
Personnel Management, in consultation with the Inspector
General of the Central Intelligence Agency, shall carry out a
study of the personnel authorities and available personnel
benefits of the Office of the Inspector General of the
Central Intelligence Agency. Such study shall include--
(1) identification of any barriers or disincentives to the
recruitment or retention of experienced investigators within
the Office of the Inspector General of the Central
Intelligence Agency; and
(2) a comparison of the personnel authorities of the
Inspector General of the Central Intelligence Agency with
personnel authorities of Inspectors General of other agencies
and departments of the United States, including a comparison
of the benefits available to experienced investigators within
the Office of the Inspector General of the Central
Intelligence Agency with similar benefits available within
the offices of Inspectors General of such other agencies or
departments.
(b) Recommendations.--Not later than 120 days after the
date of the enactment of this Act, the Inspector General of
the Office of Personnel Management shall submit to the
congressional intelligence committees and the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Government Reform of the House
of Representatives--
(1) a report on the results of the study conducted under
subsection (a); and
(2) any recommendations for legislative action based on
such results.
(c) Funding.--Of the funds authorized to be appropriated by
this Act, the Director of National Intelligence shall
transfer to the Inspector General of the Office of Personnel
Management such sums as may be necessary to carry out this
section.
Subtitle C--National Security Agency
SEC. 421. ADDITIONAL AUTHORITIES FOR NATIONAL SECURITY AGENCY
SECURITY PERSONNEL.
(a) Authority To Transport Apprehended Persons.--Paragraph
(5) of section 11(a) of the National Security Agency Act of
1959 (50 U.S.C. 402 note) is amended to read as follows:
``(5) Agency personnel authorized by the Director under
paragraph (1) may transport an individual apprehended under
the authority of this section from the premises at which the
individual was apprehended, as described in subparagraph (A)
or (B) of paragraph (1), for the purpose of transferring such
individual to the custody of law enforcement officials. Such
transportation may be provided only to make a transfer of
custody at a location within 30 miles of the premises
described in subparagraphs (A) and (B) of paragraph (1).''.
(b) Conforming Amendment Relating to Tort Liability.--
Paragraph (1) of section 11(d) of the National Security
Agency Act of 1959 (50 U.S.C. 402 note) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) transport an individual pursuant to subsection
(a)(2).''.
Subtitle D--Other Elements
SEC. 431. CODIFICATION OF OFFICE OF INTELLIGENCE AND ANALYSIS
OF THE DEPARTMENT OF HOMELAND SECURITY AS
ELEMENT OF THE INTELLIGENCE COMMUNITY.
Section 3(4)(K) of the National Security Act of 1947 (50
U.S.C. 401a(4)(K)) is amended to read as follows:
``(K) The Office of Intelligence and Analysis of the
Department of Homeland Security.''.
SEC. 432. FEDERAL BUREAU OF INVESTIGATION PARTICIPATION IN
THE DEPARTMENT OF JUSTICE LEAVE BANK.
Subsection (b) of section 6372 of title 5, United States
Code, is amended to read as follows:
``(b)(1) Except as provided in paragraph (2) and
notwithstanding any other provision of this subchapter,
neither an excepted agency nor any individual employed in or
under an excepted agency may be included in a leave bank
program established under any of the preceding provisions of
this subchapter.
``(2) Notwithstanding any other provision of law, the
Director of the Federal Bureau of Investigation may authorize
an individual employed by the Bureau to participate in a
leave bank program administered by the Department of Justice
under this subchapter if in the Director's judgment such
participation will not adversely affect the protection of
intelligence sources and methods.''.
SEC. 433. ACCOUNTS AND TRANSFER AUTHORITY FOR APPROPRIATIONS
AND OTHER AMOUNTS FOR INTELLIGENCE ELEMENTS OF
THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 21 of title 10, United States
Code, is amended by inserting after section 428 the following
new section:
``Sec. 429. Appropriations for Defense intelligence elements:
accounts for transfers; transfer authority
``(a) Accounts for Appropriations for Defense Intelligence
Elements.--The Secretary of Defense may transfer
appropriations of the Department of Defense which are
available for the activities of Defense intelligence elements
to an account or accounts established for receipt of such
transfers. Each such account may also receive transfers from
the Director of National Intelligence if made pursuant to
Section 102A of the National Security Act of 1947 (50 U.S.C.
403-1), and transfers and reimbursements arising from
transactions, as authorized by law, between a Defense
intelligence element and another entity. Appropriation
balances in each such account may be transferred back to the
account or accounts from which such appropriations originated
as appropriation refunds.
``(b) Recordation of Transfers.--Transfers made pursuant to
subsection (a) shall be recorded as expenditure transfers.
``(c) Availability of Funds.--Funds transferred pursuant to
subsection (a) shall remain available for the same time
period and for the same purpose as the appropriation from
which transferred, and shall remain subject to the same
limitations provided in the act making the appropriation.
``(d) Obligation and Expenditure of Funds.--Unless
otherwise specifically authorized by law, funds transferred
pursuant to subsection (a) shall only be obligated and
expended in accordance with chapter 15 of title 31 and all
other applicable provisions of law.
``(e) Defense Intelligence Element Defined.--In this
section, the term `Defense intelligence element' means any of
the Department of Defense agencies, offices, and elements
included within the definition of `intelligence community'
under section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)).''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of such chapter is amended by
adding at the end the following new item:
``429. Appropriations for Defense intelligence elements: accounts for
transfers; transfer authority.''.
SEC. 434. REPORT ON TRAINING STANDARDS OF DEFENSE
INTELLIGENCE WORKFORCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
and the Under Secretary of Defense for Intelligence shall
submit to the Permanent Select Committee on Intelligence and
the Committee on Armed Services of the House of
Representatives and the Select Committee on Intelligence and
the Committee on Armed Services of the Senate a report on the
training standards of the defense intelligence workforce.
Such report shall include--
(1) a description of existing training, education, and
professional development standards applied to personnel of
defense intelligence components; and
(2) an assessment of the ability to implement a
certification program for personnel of the defense
intelligence components based on achievement of required
training, education, and professional development standards.
(b) Definitions.--In this section:
(1) Defense intelligence components.--The term ``defense
intelligence components'' means--
(A) the National Security Agency;
(B) the Defense Intelligence Agency;
(C) the National Geospatial-Intelligence Agency;
(D) the National Reconnaissance Office;
(E) the intelligence elements of the Army, the Navy, the
Air Force, and the Marine Corps; and
(F) other offices within the Department of Defense for the
collection of specialized national intelligence through
reconnaissance programs.
(2) Defense intelligence workforce.--The term ``defense
intelligence workforce'' means the personnel of the defense
intelligence components.
TITLE V--OTHER MATTERS
SEC. 501. REPORT ON AIRSPACE RESTRICTIONS FOR USE OF UNMANNED
AERIAL VEHICLES ALONG THE BORDER OF THE UNITED
STATES AND MEXICO.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall submit to
the congressional intelligence committees, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of
the Senate a report on whether restrictions on the use of
airspace are hampering the use of unmanned aerial vehicles by
the Department of Homeland Security along the international
border between the United States and Mexico.
SEC. 502. SENSE OF CONGRESS REGARDING INTEGRATION OF FUSION
CENTERS.
It is the sense of Congress that ten years after the
terrorist attacks upon the United States on September 11,
2001, the Secretary of Homeland Security, in consultation
with the Director of National Intelligence, should continue
to integrate and utilize fusion centers to enlist all of the
intelligence, law enforcement, and homeland security
capabilities of the United States in a manner that is
consistent with the Constitution to prevent acts of terrorism
against the United States.
SEC. 503. STRATEGY TO COUNTER IMPROVISED EXPLOSIVE DEVICES.
(a) Strategy.--
(1) Establishment.--The Director of National Intelligence
and the Secretary of Defense shall establish a coordinated
strategy utilizing all available personnel and assets for
intelligence collection and analysis to identify and counter
network activity and operations in Pakistan and Afghanistan
relating to the development and use of improvised explosive
devices.
(2) Contents.--The strategy established under paragraph (1)
shall identify--
(A) the networks that design improvised explosive devices,
provide training on improvised explosive device assembly and
employment, and smuggle improvised explosive device
components into Afghanistan;
(B) the persons and organizations not directly affiliated
with insurgents in Afghanistan who knowingly enable the
movement of commercial products and material used in
improvised explosive device construction from factories and
vendors in Pakistan into Afghanistan;
[[Page H9807]]
(C) the financiers, financial networks, institutions, and
funding streams that provide resources to the insurgency in
Afghanistan; and
(D) the links to military, intelligence services, and
government officials who are complicit in allowing the
insurgent networks in Afghanistan to operate.
(b) Report and Implementation.--Not later than 120 days
after the date of the enactment of this Act, the Director of
National Intelligence and the Secretary of Defense shall--
(1) submit to the congressional intelligence committees and
the Committees on Armed Services of the House of
Representatives and the Senate a report containing the
strategy established under subsection (a); and
(2) implement such strategy.
SEC. 504. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAILWAY
TRANSPORTATION SECURITY.
It is the sense of Congress that--
(1) the nation's railway transportation (including subway
transit) network is broad and technically complex, requiring
robust communication between private sector stakeholders and
the intelligence community to identify, monitor, and respond
to threats;
(2) the Department of Homeland Security Office of
Intelligence and Analysis maintains a constructive
relationship with other Federal agencies, state and local
governments, and private entities to safeguard our railways;
and
(3) railway transportation security (including subway
transit security) should continue to be prioritized in the
critical infrastructure threat assessment developed by the
Office of Intelligence and Analysis and included in threat
assessment budgets of the intelligence community.
SEC. 505. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT
OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.)
is amended--
(1) in section 3(6) (50 U.S.C. 401a(6)), by striking
``Director of Central Intelligence'' and inserting ``Director
of National Intelligence'';
(2) in section 506(b) (50 U.S.C. 415a(b)), by striking
``Director of Central Intelligence.'' and inserting
``Director of National Intelligence.''; and
(3) in section 506A(c)(2)(C) (50 U.S.C. 415a-1(c)(2)(C), by
striking ``National Foreign Intelligence Program'' both
places that term appears and inserting ``National
Intelligence Program''.
SEC. 506. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES
CODE.
Section 351(a) of title 18, United States Code, is
amended--
(1) by inserting ``the Director (or a person nominated to
be Director during the pendency of such nomination) or
Principal Deputy Director of National Intelligence,'' after
``in such department,''; and
(2) by striking ``Central Intelligence,'' and inserting
``the Central Intelligence Agency,''.
SEC. 507. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Rogers) and the gentleman from Maryland (Mr.
Ruppersberger) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. ROGERS of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
This is a good day for the United States, certainly a good day for
the men and women who serve so proudly in our intelligence services
that work tirelessly to keep America safe. This is a good day to bring
the fiscal year 2012 intelligence authorization bill to the floor
today. This will be our second intelligence authorization bill since
January of this year, when I became chairman and my ranking member took
his position as well for the House Intelligence Committee, and it will
be the 29th bill in our committee's history.
{time} 0920
This bill is a vital tool for congressional oversight of the
intelligence community's classified activities and is critical to
ensuring that our intelligence agencies have the resources and
authorities they need to do their important work.
Passing an annual intelligence authorization bill is vital to keeping
the laws governing our intelligence operations up to date. The FY12
bill sustains our current intelligence capabilities and provides for
the development of future capabilities, all while achieving significant
savings.
The U.S. intelligence community plays a critical role in the war on
terrorism and securing the country from many threats that we face
today. Effective and aggressive congressional oversight is essential to
ensuring continued success in the intelligence community.
The intelligence authorization bill funds U.S. intelligence
activities spanning 17 separate agencies. This funding totaled roughly
$80 billion in fiscal year 2010. The current challenging fiscal
environment demands the accountability and financial oversight of our
classified intelligence programs that can only come with an
intelligence authorization bill.
The bill's comprehensive classified annex provides detailed guidance
on intelligence spending, including adjustments to costly programs.
This bill funds the requirements of the men and women of the
intelligence community, both military and civilian, many of whom
directly support the war zones or are engaged in other dangerous
operations to keep America and Americans safe.
It provides oversight and authorization for critical intelligence
activities, including the global counterterrorism operations, such as
the one that took out Osama bin Laden; cyberdefense by the National
Security Agency; countering the proliferation of weapons of mass
destruction; global monitoring of foreign militaries and weapons tests;
research and development of new technology to maintain our intelligence
agencies' technological edge, including work on code breaking and spy
satellites.
This has been a strategy for a tough fiscal climate. After passage of
the Budget Control Act, the committee revamped the bill it reported out
of committee back in May to double its budget savings. As a result, the
bill is significantly below the President's budget request for fiscal
year 2012 and further still below the levels authorized and
appropriated in fiscal year 2011. These savings--and this is important,
Mr. Speaker--were achieved without impacting the intelligence
community's important mission, as the cuts of the 1990s did.
The bottom line is that this bipartisan bill preserves and advances
national security and is also fiscally responsible. The secrecy that is
a necessary part of our country's intelligence work requires that the
congressional intelligence committees conduct strong and effective
oversight on behalf of the American people. That strong and effective
oversight is impossible, however, without an annual intelligence
authorization bill. And I want to thank both of the staffs for the
Republicans and the Democrats, and the members from both the
Republicans and Democrats on this committee for coming together in a
bipartisan way on the important issue of national security. And I thank
my friend, Dutch Ruppersberger, the ranking member, for his leadership
in getting us not to one, but to two authorization bills within just 10
months. And that's no small accomplishment, as you might know, Mr.
Speaker.
With that, I reserve the balance of my time.
Mr. RUPPERSBERGER. Mr. Speaker, I yield myself such time as I may
consume.
I rise today in favor of the Intelligence Authorization Act for FY
2012.
When Chairman Rogers and I took over leadership of the House
Permanent Select Committee on Intelligence, we made a commitment to
work together to ensure the intelligence community has the authorities
it needs to effectively protect America. This intelligence
authorization bill achieves this purpose. It gives our intelligence
professionals critical resources, capabilities, and authorities. We
passed FY11 earlier this year, and now we can see the finish line for
FY12.
For 5 years, there were no intelligence bills. There was a gap in
oversight. When this bill is signed into law, it will be the third time
in 3 years that the Intelligence Committee has passed an intel
authorization act.
I strongly believe that passing the authorization bill is critical to
national security. The Intelligence Committee wants to strengthen the
intelligence community and give them the tools they need. However, it
is also our job to conduct thorough, effective oversight and provide
budgetary direction. This bill does that.
This bill makes smart choices. It trims and eliminates duplicative
efforts wherever possible. We made careful decisions and were mindful
to protect the current and future capabilities that protect our Nation.
This bill aligns our resources with our current threats and makes
important investments in space, satellites, and cyber.
[[Page H9808]]
This bill is even more important today with the 10th anniversary of
9/11 fresh in our minds. When it comes to terrorism, Osama bin Laden
may be gone, but radical extremists still have the United States as a
target.
Intelligence is clearly the best defense against terrorism, and this
bill makes our defense even stronger. This act is bipartisan and
bicameral. The members of our Intelligence Committee work not as
Democrats or Republicans, or as the House or Senate, but as Americans
protecting our country. This bill is proof that Congress can work
together to do good things. I fully support this bill and urge my
colleagues to do the same.
And I also want to acknowledge the leadership of Chairman Rogers for
helping put this bill together.
I reserve the balance of my time.
Mr. ROGERS of Michigan. I continue to reserve my time, Mr. Speaker.
Mr. RUPPERSBERGER. Mr. Speaker, I yield 3 minutes to my distinguished
colleague from the State of California (Mr. Thompson).
Mr. THOMPSON of California. I thank the gentleman for yielding.
Mr. Speaker, I rise in strong support of H.R. 1892, the Intelligence
Authorization Act for FY12.
As the ranking member of the Subcommittee on Terrorism, Human
Intelligence, Analysis, and Counterintelligence, I am pleased that we
were able to work together to bring a bipartisan, bicameral
intelligence authorization bill to the House floor for the third year
in a row. This is a testament to the hard work and leadership of our
chairman, Mr. Rogers, and ranking member, Mr. Ruppersberger.
This bill will increase information sharing throughout the
intelligence community. It includes a provision that is important to my
home State of California, requiring the Director of National
Intelligence to compile a threat assessment of foreign drug traffickers
that are destroying our public lands here in the United States and
causing unacceptable levels of violence because of their drug-growing
operations in our public parks and forests. This bill requires the DNI
to share this information with Federal land management agencies like
the Forest Service so that we can take back our public lands.
The bill also includes a provision that I authored, working with my
friend and former committee colleague, Representative Anna Eshoo from
California, requiring the Director of the Central Intelligence Agency
to provide a full report on the events surrounding the May 2011 Osama
bin Laden raid. We are all very proud of the intelligence community's
extraordinary efforts in carrying out this operation. We believe it's
important that the intelligence community document this operation in
our permanent record as to how the operation was conducted and its
importance on our counterterrorism efforts.
Mr. Speaker, this legislation will improve our national security,
will enhance the capabilities of the intelligence community, and will
make our Nation stronger.
I urge my colleagues to support this bill.
Mr. ROGERS of Michigan. I continue to reserve the balance of my time.
Mr. RUPPERSBERGER. Mr. Speaker, I yield myself such time as I may
consume.
I think we really need to discuss the issue of cybersecurity.
Cyberthreat is the one thing I think that keeps a lot of us on the
Intelligence Committee up at night, how serious a threat it is to our
country--we're being attacked on a regular basis. And we as a country
need to do what we have to do to go forward and deal with the issue of
cyber.
Cyber poses one of the greatest threats to Americans from both an
economic and national security perspective. We are losing millions of
dollars because of cyberattacks. Our intellectual property is being
stolen daily just as we speak. Our Pentagon is being attacked as we
speak. We have seen countless examples of cutting-edge U.S. ideas being
stolen and used for foreign products.
Cyber is also a major national security concern. We only have to look
at the attack on South Korea's banking system to realize the impact an
attack can have on critical infrastructure. In South Korea, depositors
lost access to their money and critical investment. Data was lost. An
attack like this could happen in the United States if we do not prepare
and focus on the issue of cybersecurity. This bill strengthens U.S.
cyberdefenses, again, a very important part of this bill.
I reserve the balance of my time.
Mr. ROGERS of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
I appreciate the gentleman bringing up the issue of cybersecurity, an
incredibly important issue, one that this committee spends a great deal
of time on. And the ranking member and myself and many members of this
committee have co-authored a bill--and many Members of this House--to
give that first important step to protecting Americans' networks from
both economic espionage and attack of those particular networks.
{time} 0930
I can't think of anything that is more pressing than that particular
issue, and I appreciate the gentleman's working with us on that
particular issue and being a leading voice here in Congress on that
particular issue.
I reserve the balance of my time.
Mr. RUPPERSBERGER. Mr. Speaker, I yield myself such time as I may
consume.
I think another major issue that we've addressed in this bill is the
issue of space. Years ago, when we went to the Moon, the whole country
understood how important space was to the national defense of our
country, and, in those days, everyone knew the names of the astronauts
the same as they know the names of NFL quarterbacks today.
And yet, because of the fact that there hasn't been as much in space,
we as a country need to educate our constituents how important space
is. We are the strongest country in the world, and one of the main
reasons is because we are active and control the skies. Yet, right now,
our space program has to be reinvigorated, and we have to refocus on
that.
America, again, controls the world because we control the skies. Our
investment in space keeps us safe. If we fail to make that investment,
other countries will move ahead and edge us out. As an example, China
is going to the Moon. They are spending time, research, and development
to go to the Moon. Currently, we rely on the Russians to get to the
international space station.
We must reinvest in the capabilities to give us the edge in space. We
also need to think about different ways to get ahead. The bill breaks
down barriers of our launch industry. All options need to be on the
table as we talk about keeping America's edge in space.
I reserve the balance of my time.
Mr. ROGERS of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
The ranking member brings up an important point about how complex
this bill is and the level of threats and the degree of threat that
this great country faces every day and really the importance of our
investment in the technology that we need to keep ahead of enemy
nations who seek to do us harm.
This bill embodies the fact that there will be members of the
intelligence community whose job it is to find those Russian spies--
like the illegal alien Russian case that was here--that are attempting
to do bad things to the United States. The same with Chinese spies and
Iranian spies, and the list is very long. And, unfortunately, it's not
a spy novel; it's not a movie. These things are real. They happen every
day in the United States, and we are a target of those nation-states as
they seek to steal our secrets.
This bill provides those protections, and that means that we have to
invest in space. It means that we have to invest in our cybersecurity
capability. It means that we have to invest in our HUMINT collection,
meaning recruiting others who will help us identify and ferret out
those who seek to do us harm.
It means that we have the challenges of trying to make sure that al
Qaeda, who has expressed an interest in a radiological bomb, doesn't
get their hands on those types of materials. It means that we have to
be careful about nuclear weapons being proliferated around the world by
either force security or, worse yet, nation-states who encourage that
type of activity.
[[Page H9809]]
It is no simple job being an intelligence officer or being in the
intelligence community here in the United States.
I think this bill is an accurate reflection on how we move to the
next place, but also an important reminder of the important work that
they do, often in the shadows. The men and women who conduct this
important work certainly deserve our support and all of the resources
that we can muster to make sure that they're successful in their
endeavors.
With that, I reserve the balance of my time.
Mr. RUPPERSBERGER. Mr. Speaker, I yield myself such time as I may
consume.
I think it's extremely important that we look back where we've come
from since 9/11.
During 9/11, or before 9/11, we had agencies, intelligence agencies
that just were not working together. There was not a teamwork approach.
And, as a result of not working together, the attack of 9/11 occurred.
The 9/11 Commission made numerous recommendations, and a lot of those
recommendations were very positive and were implemented.
As a result of the bin Laden raid and bringing him to justice, I
think it showed the teamwork that is needed, especially in the
intelligence community, to work together, whether or not it's NSA, the
NRO, it's the military, all those different agencies coming together
and working as a team. And we would not have had the success that we
had with bin Laden if it weren't for that teamwork approach.
I think now we have to learn about the teamwork approach and working
together in Congress, also. We as Members of Congress need to do our
job and come together and do the people's work, and the partisan
politics has to stop.
What I'm leading to is that I think that this bill, and the previous
bills that we've passed, and the leadership of Chairman Rogers and the
open minds of every member, whether Democrat or Republican, on the
Intelligence Committee has allowed us to come together and have a
bipartisan bill. And we would hope that what is happening here today in
the bills that we've passed will be looked at as an example for the
future.
Again, Chairman Rogers, thank you for that commitment. We made a
commitment when we first came that the stakes are too high, national
security is too high, and we must work together.
I reserve the balance of my time.
Mr. ROGERS of Michigan. I continue to reserve the balance of my time.
Mr. RUPPERSBERGER. Mr. Speaker, I yield 3 minutes to a member of the
Intelligence Committee, the gentleman from California (Mr. Schiff).
Mr. SCHIFF. I thank the gentleman for yielding, and I want to thank
the chair and ranking member for the extraordinary job they have done
on the Intelligence Committee.
This committee, I think, has been more productive than it's been in
years, and owing largely to the efforts of these two gentlemen as well
as all the members of the committee. I am greatly appreciative of the
spirit of cooperation and nonpartisanship that prevails on the
Intelligence Committee, and I want to thank both of these gentlemen.
I also enjoy working with Joe Heck, the chairman of the Technical and
Tactical Subcommittee, and as ranking member I appreciate the
opportunity to work on our overhead architecture issues. I remain
concerned that we are largely investing in some inherited systems that
are important but very expensive and can often crowd out new
innovations and new technologies that are worthy of investment that
provide potentially game-changing capabilities, but I look forward to
continuing to work with the chair and ranking member to advance the
science and technology that helps us stay one step ahead of our
adversaries and helps us keep an eye on some of the bad actors around
the world that pose a potentially great threat to the United States.
But, once again, I'm greatly appreciative of the efforts of the
committee and our leadership. I think this is a superb bill and moves
our intelligence capabilities forward.
I urge my colleagues to join in support.
Mr. ROGERS of Michigan. Mr. Speaker, I yield myself such time as I
may consume.
I appreciate the gentleman and look forward to continuing to work
with the gentleman from California on those activities when it comes to
our overhead architecture. There are programs worthy of investment, and
the technology that we apply to this particular effort is incredibly
important.
We always need to stay ahead. America always needs to be number one,
and this bill reflects that. I think the work of the gentleman
certainly is reflected in this bill as well, and I look forward to
continuing to work with you to make sure that we don't have crowd-out
when it comes to future technology. I think it's incredibly important.
I reserve the balance of my time.
Mr. RUPPERSBERGER. Mr. Speaker, I yield myself such time as I may
consume.
I do want to acknowledge the Technical and Tactical Subcommittee and
the work done by Mr. Heck and also Mr. Schiff. I have served with Mr.
Schiff for years on the Intelligence Committee, and he has been very
focused on the technical area, which is extremely important to our
national security.
Mr. Speaker, in closing, it took a long time for us to get to this
point here today. We spent days in important hearings analyzing the
intelligence community, making sure that we focused on what the
intelligence community needed. We knew, as this country has an issue
with respect to the deficit, that we had to do some cutting.
It's not about cutting; it was what to cut. And we wanted to make
sure that the cuts that we made in this intelligence bill, working as
Republicans and Democrats, would not affect the mission for the
national security of our country. We spent time before the bill passed,
hours and hours, working, staff working, coming together. And what's
very unique, also, about this committee is that both the Democrat and
the Republican staff worked very closely together, and I hadn't seen
that in the past as a member of this committee for over 9 years right
now. And that's one of the main reasons that we have such a great,
effective staff that work together as a team, to come together to make
sure that we did what we had to do.
{time} 0940
Now we are here today to finish the job. Republicans and Democrats
have come together to make important choices and to do what is right
for the intelligence community and our country. This bill makes America
safer.
Again, I commend everyone who participated in this effort, especially
the bipartisan leadership of Chairman Rogers, the other members of the
Intelligence Committee, and the leadership of Senators Feinstein and
Chambliss in the Senate Intelligence Committee, again working together.
We can do our work here, but we need the Senate to come together, and
we did and we now have the product here today.
I would like to thank again both the Democrat and Republican staff
for the countless hours they spent.
I fully support the fiscal year 2012 Intelligence Authorization Act
and urge my colleagues to do the same.
I yield back the balance of my time.
Mr. ROGERS of Michigan. Mr. Speaker, I yield myself the balance of my
time.
I want to thank the members of the committee, both Republican and
Democrat, for their fine bipartisan effort on this national security
bill of real significance. Many, many hours on behalf of both the
Democrat staff and the Republican staff to get this right. When we had
to trim back some finances from the community without impacting the
mission, that is no small challenge, and I think this product is a
testament to all of the work on behalf of both staffs, and both
members, Republican and Democrat, to get us here.
I want to take this time to thank Senator Feinstein and Senator
Chambliss for their work as well on this particular bill. We wouldn't
be here today if it weren't for that bicameral and bipartisan effort,
again, on this national security bill.
General Leave
Mr. ROGERS of Michigan. Mr. Speaker, I ask unanimous consent that
[[Page H9810]]
all Members may have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill, H.R. 1892, as it
will be adopted.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. ROGERS of Michigan. With that, I yield back the balance of my
time.
Mr. LANGEVIN. Mr. Speaker, I am proud to support the 2012
Intelligence Authorization Act. In particular, this bill includes
funding to accelerate implementation of an insider threat detection
program and requires best practices implemented in the Army to be
reviewed for inclusion across the Intelligence Community. In addition,
the bill supports critical resources for cybersecurity, a threat which
demands the attention of national security specialists.
As the successful operation against Usama bin Ladin demonstrated
earlier this year, the Intelligence Community has made significant
strides towards working together to counter the most complex threats
facing our nation. Productive cooperation and intelligence integration
embodies the intent of congressional reforms made after the tragic
events of 9/11. I am encouraged to see this progress, especially in the
area of information sharing.
While the sharing of classified information is imperative to keep our
country safe, technological advances have also increased the risks of
this cooperation. As we saw last year with the damage of Wikileaks the
threat from a malicious insider, with the ``keys to the kingdom,'' is
real.
This bill requires the Director of National Intelligence to review
improvements made to the Army's insider threat regulation and consider
implementation across the Intelligence Community. The bill also
accelerates other technical initiatives within the insider threat
program. It is imperative that we ensure our security officers and
network administrators have this capability in place to protect our
most sensitive information.
Further, this bill helps secure our information and networks both
from the insider and from outside actors by addressing the risks posed
to our cyber networks. We must all work together to raise awareness of
this threat and work with both public and private sector partners. I
urge my colleagues to join me in support of this bill.
Mr. HECK. Mr. Speaker, I rise in strong support of H.R. 1892.
As the Chairman of the Technical and Tactical Subcommittee, I was
tasked with leading a comprehensive review of our Nation's satellite
systems. This review was conducted, and I am confident that the systems
proposed in the classified annex of this bill provide the best value
approach to collecting the overhead imagery demanded by our Nation's
senior policy makers, intelligence analysts and war fighters.
Two of the intelligence community's chief weapons against terrorism
are information--and the ability to communicate that information
swiftly. This reality places a significant demand on our imaging
systems, and it brings into focus the cost associated with these
systems.
As we're fighting the war on terror, we must not allocate resources
without due process.
Former Secretary of Defense Gates and former Chairman of the Joint
Chiefs of Staff Admiral Mullen both identified America's growing debt
as their number one national security concern.
This bill recognizes and selectively funds competition in areas where
competitive pressure will help improve innovation, reduce risk and
strengthen the industrial base. This bill also recognizes and
encourages competition in space launch programs with an eye towards
reducing the cost of spacecraft launch while maintaining reliability.
In addition to concern over the federal government's spending habits,
another reason Nevadans elected me 1ast fall is to restore government
accountability and oversight.
The intelligence community is no exception: we must ensure they are
accountable and receive proper oversight because most of their work
occurs outside of the public's view.
Chairman Rogers and Ranking Member Ruppersberger are doing incredible
work on this issue, and I applaud their dedication to restoring proper
accountability and oversight to the intelligence community.
I am confident the intelligence authorization act provides the
resources and latitude our intelligence community needs while removing
excess and indolence.
That is why I urge my colleagues to vote ``yes'' on H.R. 1892.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Rogers) that the House suspend the rules
and concur in the Senate amendment to the bill, H.R. 1892.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. ROGERS of Michigan. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________
[Congressional Record Volume 157, Number 194 (Friday, December 16, 2011)]
[House]
[Pages H9821-H9822]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and concur in the Senate amendment to the
bill (H.R. 1892) to authorize appropriations for fiscal year 2012 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, on which the yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Rogers) that the House suspend the rules
and concur in the Senate amendment.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 396,
nays 23, not voting 14, as follows:
[Roll No. 939]
YEAS--396
Ackerman
Adams
Aderholt
Akin
Alexander
Altmire
Amodei
Andrews
Austria
Baca
Bachus
Baldwin
Barletta
Barrow
Bartlett
Barton (TX)
Bass (CA)
Bass (NH)
Becerra
Benishek
Berg
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Black
Blackburn
Bonner
Bono Mack
Boren
Boswell
Boustany
Brady (PA)
Brady (TX)
Braley (IA)
Brooks
Broun (GA)
Brown (FL)
Buchanan
Bucshon
Buerkle
Burgess
Burton (IN)
Butterfield
Calvert
Camp
Campbell
Canseco
Cantor
Capito
Capps
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castor (FL)
Chabot
Chaffetz
Chandler
Chu
Cicilline
Clarke (MI)
Clay
Cleaver
Clyburn
Coffman (CO)
Cole
Conaway
Connolly (VA)
Cooper
Costa
Costello
Courtney
Cravaack
Crawford
Crenshaw
Critz
Crowley
Cuellar
Culberson
Cummings
Davis (CA)
Davis (IL)
DeGette
DeLauro
Denham
Dent
DesJarlais
Deutch
Dicks
[[Page H9822]]
Dingell
Doggett
Dold
Donnelly (IN)
Doyle
Dreier
Duffy
Duncan (SC)
Edwards
Ellison
Ellmers
Emerson
Engel
Eshoo
Farenthold
Farr
Fincher
Fitzpatrick
Flake
Fleischmann
Fleming
Flores
Forbes
Fortenberry
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Fudge
Gallegly
Garamendi
Gardner
Garrett
Gerlach
Gibbs
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gosar
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Al
Green, Gene
Griffin (AR)
Griffith (VA)
Grimm
Guinta
Hahn
Hall
Hanabusa
Hanna
Harper
Harris
Hartzler
Hastings (FL)
Hastings (WA)
Hayworth
Heck
Heinrich
Hensarling
Herger
Herrera Beutler
Higgins
Himes
Hinchey
Hinojosa
Hirono
Hochul
Holden
Holt
Honda
Hoyer
Huelskamp
Huizenga (MI)
Hultgren
Hunter
Hurt
Inslee
Israel
Issa
Jackson (IL)
Jackson Lee (TX)
Jenkins
Johnson (GA)
Johnson (IL)
Johnson (OH)
Johnson, Sam
Jordan
Kaptur
Keating
Kelly
Kildee
Kind
King (IA)
King (NY)
Kingston
Kinzinger (IL)
Kissell
Kline
Labrador
Lamborn
Lance
Landry
Langevin
Lankford
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Levin
Lewis (CA)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Long
Lowey
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Marino
Markey
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul
McClintock
McCollum
McCotter
McDermott
McHenry
McIntyre
McKeon
McKinley
McMorris Rodgers
McNerney
Meehan
Meeks
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Moran
Mulvaney
Murphy (CT)
Murphy (PA)
Nadler
Neal
Neugebauer
Noem
Nugent
Nunes
Nunnelee
Olson
Owens
Palazzo
Pallone
Pascrell
Pastor (AZ)
Paulsen
Pearce
Pelosi
Pence
Perlmutter
Peters
Peterson
Petri
Pitts
Platts
Poe (TX)
Polis
Pompeo
Posey
Price (GA)
Price (NC)
Quayle
Quigley
Rahall
Rangel
Reed
Rehberg
Reichert
Renacci
Reyes
Ribble
Richardson
Richmond
Rigell
Rivera
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rokita
Rooney
Ros-Lehtinen
Roskam
Ross (AR)
Ross (FL)
Rothman (NJ)
Roybal-Allard
Royce
Runyan
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Scalise
Schakowsky
Schiff
Schilling
Schmidt
Schock
Schrader
Schwartz
Schweikert
Scott (SC)
Scott (VA)
Scott, Austin
Scott, David
Sensenbrenner
Serrano
Sessions
Sewell
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Southerland
Stearns
Stivers
Stutzman
Sullivan
Sutton
Terry
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tiberi
Tierney
Tipton
Tonko
Towns
Tsongas
Turner (NY)
Turner (OH)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden
Walsh (IL)
Walz (MN)
Wasserman Schultz
Watt
Waxman
Webster
Welch
West
Westmoreland
Whitfield
Wilson (FL)
Wilson (SC)
Wittman
Wolf
Womack
Woodall
Yarmuth
Yoder
Young (AK)
Young (FL)
Young (IN)
NAYS--23
Amash
Blumenauer
Capuano
Clarke (NY)
Cohen
Conyers
DeFazio
Duncan (TN)
Fattah
Gibson
Grijalva
Jones
Kucinich
Lee (CA)
Lewis (GA)
McGovern
Miller, George
Moore
Olver
Payne
Stark
Waters
Woolsey
NOT VOTING--14
Bachmann
Coble
Davis (KY)
Diaz-Balart
Filner
Giffords
Guthrie
Gutierrez
Johnson, E. B.
Myrick
Napolitano
Paul
Pingree (ME)
Speier
{time} 1147
Mr. COHEN and Ms. CLARKE of New York changed their vote from ``yea''
to ``nay.''
So (two-thirds being in the affirmative) the rules were suspended and
the Senate amendment was concurred in.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mrs. NAPOLITANO. Mr. Speaker, on Friday, December 16, 2011, I was
absent during rollcall vote No. 939 in order to attend an important
event in my district. Had I been present, I would have voted ``yea'' on
Senate Amendment to H.R. 1892--Intelligence Authorization Act for
Fiscal Year 2012.
Stated against:
Mr. FILNER. Mr. Speaker, on rollcall No. 939, I was away from the
Capitol due to prior commitments to my constituents. Had I been
present, I would have voted ``nay.''
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