[Congressional Record Volume 158, Number 171 (Monday, December 31, 2012)]
[House]
[Pages H7479-H7485]


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2013

  Mr. ROGERS of Michigan. Madam Speaker, I move to suspend the rules
and pass the bill (S. 3454) to authorize appropriations for fiscal year
2013 for intelligence and intelligence-related activities of the United
States Government and the Office of the Director of National
Intelligence, the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 3454

       Be it enacted by the Senate and House of Representatives of
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the
     ``Intelligence Authorization Act for Fiscal Year 2013''.
       (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--BUDGET AND PERSONNEL AUTHORIZATIONS

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 INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
              law.
Sec. 303. Non-reimbursable details.
Sec. 304. Automated insider threat detection program.
Sec. 305. Software licensing.
Sec. 306. Strategy for security clearance reciprocity.
Sec. 307. Improper Payments Elimination and Recovery Act of 2010
              compliance.
Sec. 308. Subcontractor notification process.
Sec. 309. Modification of reporting schedule.
Sec. 310. Repeal of certain reporting requirements.

     TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY

Sec. 401. Working capital fund amendments.

                         TITLE V--OTHER MATTERS

Sec. 501. Homeland Security Intelligence Program.
Sec. 502. Extension of National Commission for the Review of the
              Research and Development Programs of the United States
              Intelligence Community.
Sec. 503. Protecting the information technology supply chain of the
              United States.
Sec. 504. Notification regarding the authorized public disclosure of
              national intelligence.
Sec. 505. Technical amendments related to the Office of the Director of
              National Intelligence.
Sec. 506. Technical amendment for definition of intelligence agency.
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 that term in section 3(4)
     of the National Security Act of 1947 (50 U.S.C. 401a(4)).

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal
     year 2013 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, 2013, 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 S.
     3454 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.

     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 positions for fiscal
     year 2013 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 to 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) 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 in--
       (1) a student program, trainee program, or similar program;
       (2) a reserve corps or as a reemployed annuitant; or
       (3) details, joint duty, or long term, full-time training.
       (c) 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).

     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 2013 the sum of $540,721,000. 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, 2014.
       (b) Authorized Personnel Levels.--The elements within the
     Intelligence Community Management Account of the Director of
     National Intelligence are authorized 835 positions as of
     September 30, 2013. 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 2013 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, 2014.
       (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,
     2013, 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

[[Page H7480]]

     and Disability Fund for fiscal year 2013 the sum of
     $514,000,000.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

     SEC. 301. 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. 302. 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. 303. NON-REIMBURSABLE DETAILS.

       Section 113A of the National Security Act of 1947 (50
     U.S.C. 404h-1) is amended--
       (1) by striking ``two years.'' and inserting ``three
     years.''; and
       (2) by adding at the end ``A non-reimbursable detail made 
     under this section shall not be considered an augmentation of
     the appropriations of the receiving element of the
     intelligence community.''.

     SEC. 304. AUTOMATED INSIDER THREAT DETECTION PROGRAM.

       Section 402 of the Intelligence Authorization Act for
     Fiscal Year 2011 (Public Law 112-18; 50 U.S.C. 403-1 note) is
     amended--
       (1) in subsection (a), by striking ``October 1, 2012,'' and
     inserting ``October 1, 2013,''; and
       (2) in subsection (b), by striking ``October 1, 2013,'' and
     inserting ``October 1, 2014,''.

     SEC. 305. SOFTWARE LICENSING.

       (a) In General.--Not later than 120 days after the date of
     the enactment of this Act, each chief information officer for
     an element of the intelligence community, in consultation
     with the Chief Information Officer of the Intelligence
     Community, shall--
       (1) conduct an inventory of software licenses held by such
     element, including utilized and unutilized licenses; and
       (2) report the results of such inventory to the Chief
     Information Officer of the Intelligence Community.
       (b) Reporting to Congress.--The Chief Information Officer
     of the Intelligence Community shall--
       (1) not later than 180 days after the date of the enactment
     of this Act, provide to the congressional intelligence
     committees a copy of each report received by the Chief
     Information Officer under subsection (a)(2), along with any
     comments the Chief Information Officer wishes to provide; and
       (2) transmit any portion of a report submitted under
     paragraph (1) involving a component of a department of the
     United States Government to the committees of the Senate and
     of the House of Representatives with jurisdiction over such
     department simultaneously with submission of such report to
     the congressional intelligence committees.

     SEC. 306. STRATEGY FOR SECURITY CLEARANCE RECIPROCITY.

       (a) Strategy.--The President shall develop a strategy and a
     schedule for carrying out the requirements of section 3001(d)
     of the Intelligence Reform and Terrorism Prevention Act of
     2004 (50 U.S.C. 435b(d)). Such strategy and schedule shall
     include--
       (1) a process for accomplishing the reciprocity required
     under such section for a security clearance issued by a
     department or agency of the Federal Government, including
     reciprocity for security clearances that are issued to both
     persons who are and who are not employees of the Federal
     Government; and
       (2) a description of the specific circumstances under which
     a department or agency of the Federal Government may not
     recognize a security clearance issued by another department
     or agency of the Federal Government.
       (b) Congressional Notification.--Not later than 180 days
     after the date of the enactment of this Act, the President
     shall inform Congress of the strategy and schedule developed
     under subsection (a).

     SEC. 307. IMPROPER PAYMENTS ELIMINATION AND RECOVERY ACT OF
                   2010 COMPLIANCE.

       (a) Plan for Compliance.--
       (1) In general.--The Director of National Intelligence, the
     Director of the Central Intelligence Agency, the Director of
     the Defense Intelligence Agency, the Director of the National
     Geospatial-Intelligence Agency, and the Director of the
     National Security Agency shall each develop a corrective
     action plan, with major milestones, that delineates how the
     Office of the Director of National Intelligence and each such
     Agency will achieve compliance, not later than September 30,
     2013, with the Improper Payments Elimination and Recovery Act
     of 2010 (Public Law 111-204; 124 Stat. 2224), and the
     amendments made by that Act.
       (2) Submission to congress.--Not later than 45 days after
     the date of the enactment of this Act--
       (A) each Director referred to in paragraph (1) shall submit
     to the congressional intelligence committees the corrective
     action plan required by such paragraph; and
       (B) the Director of the Defense Intelligence Agency, the
     Director of the National Geospatial-Intelligence Agency, and
     the Director of the National Security Agency shall each
     submit to the Committee on Armed Services of the Senate and
     the Committee on Armed Services of the House of
     Representatives the corrective action plan required by
     paragraph (1) with respect to the applicable Agency.
       (b) Review by Inspectors General.--
       (1) In general.--Not later than 45 days after the
     completion of a corrective action plan required by subsection
     (a)(1), the Inspector General of each Agency required to
     develop such a plan, and in the case of the Director of
     National Intelligence, the Inspector General of the
     Intelligence Community, shall provide to the congressional
     intelligence committees an assessment of such plan that
     includes--
       (A) the assessment of the Inspector General of whether such
     Agency or Office is or is not likely to reach compliance with
     the requirements of the Improper Payments Elimination and
     Recovery Act of 2010 (Public Law 111-204; 124 Stat. 2224),
     and the amendments made by that Act, by September 30, 2013;
     and
       (B) the basis of the Inspector General for such assessment.
       (2) Additional submission of reviews of certain inspectors
     general.--Not later than 45 days after the completion of a
     corrective action plan required by subsection (a)(1), the
     Inspector General of the Defense Intelligence Agency, the
     Inspector General of the National Geospatial-Intelligence
     Agency, and the Inspector General of the National Security
     Agency shall each submit to the Committee on Armed Services
     of the Senate and the Committee on Armed Services of the
     House of Representatives the assessment of the applicable
     plan provided to the congressional intelligence committees
     under paragraph (1).

     SEC. 308. SUBCONTRACTOR NOTIFICATION PROCESS.

       Not later than October 1, 2013, the Director of National
     Intelligence shall submit to the congressional intelligence
     committees a report assessing the method by which contractors
     at any tier under a contract entered into with an element of
     the intelligence community are granted security clearances
     and notified of classified contracting opportunities within
     the Federal Government and recommendations for the
     improvement of such method. Such report shall include--
       (1) an assessment of the current method by which
     contractors at any tier under a contract entered into with an
     element of the intelligence community are notified of
     classified contracting opportunities;
       (2) an assessment of any problems that may reduce the
     overall effectiveness of the ability of the intelligence
     community to identify appropriate contractors at any tier
     under such a contract;
       (3) an assessment of the role the existing security
     clearance process has in enhancing or hindering the ability
     of the intelligence community to notify such contractors of
     contracting opportunities;
       (4) an assessment of the role the current security
     clearance process has in enhancing or hindering the ability
     of contractors at any tier under a contract entered into with
     an element of the intelligence community to execute
     classified contracts;
       (5) a description of the method used by the Director of
     National Intelligence for assessing the effectiveness of the
     notification process of the intelligence community to produce
     a talented pool of subcontractors;
       (6) a description of appropriate goals, schedules,
     milestones, or metrics used to measure the effectiveness of
     such notification process; and
       (7) recommendations for improving such notification
     process.

     SEC. 309. MODIFICATION OF REPORTING SCHEDULE.

       (a) Inspector General of the Intelligence Community.--
     Section 103H(k)(1)(A) of the National Security Act of 1947
     (50 U.S.C. 403-3h(k)(1)(A)) is amended--
       (1) by striking ``January 31 and July 31'' and inserting
     ``October 31 and April 30''; and
       (2) by striking ``December 31 (of the preceding year) and
     June 30,'' and inserting ``September 30 and March 31,''.
       (b) Inspector General for the Central Intelligence
     Agency.--
       (1) In general.--Section 17(d)(1) of the Central
     Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is
     amended--
       (A) by striking ``January 31 and July 31'' and inserting
     ``October 31 and April 30'';
       (B) by striking ``December 31 (of the preceding year) and
     June 30,'' and inserting ``September 30 and March 31,''; and
       (C) by striking ``Not later than the dates each year
     provided for the transmittal of such reports in section 507
     of the National Security Act of 1947,'' and inserting ``Not
     later than 30 days after the date of the receipt of such
     reports,''.
       (2) Conforming amendments.--Section 507(b) of the National
     Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
       (A) by striking paragraph (1); and
       (B) by redesignating paragraphs (2), (3), and (4), as
     paragraphs (1), (2), and (3), respectively.

     SEC. 310. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

       (a) Repeal of Reporting Requirements.--
       (1) Acquisition of technology relating to weapons of mass
     destruction and advanced conventional munitions.--Section 721
     of the Intelligence Authorization Act for Fiscal Year 1997
     (50 U.S.C. 2366) is repealed.
       (2) Safety and security of russian nuclear facilities and
     nuclear military forces.--Section 114 of the National
     Security Act of 1947 (50 U.S.C. 404i) is amended--
       (A) by striking subsections (a) and (d); and
       (B) by redesignating subsections (b) and (c) as subsections
     (a) and (b), respectively.

[[Page H7481]]

       (3) Intelligence community business systems budget
     information.--Section 506D of the National Security Act of
     1947 (50 U.S.C. 415a-6) is amended by striking subsection
     (e).
       (4) Measures to protect the identities of covert agents.--
     Title VI of the National Security Act of 1947 (50 U.S.C. 421
     et seq.) is amended--
       (A) by striking section 603; and
       (B) by redesignating sections 604, 605, and 606 as sections
     603, 604, and 605, respectively.
       (b) Technical and Conforming Amendments.--
       (1) Report submission dates.--Section 507 of the National
     Security Act of 1947 (50 U.S.C. 415b) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by striking subparagraphs (A), (C), and (D);
       (II) by redesignating subparagraphs (B), (E), (F), (G),
     (H), and (I) as subparagraphs (A), (B), (C), (D), (E), and
     (F), respectively; and
       (III) in subparagraph (D), as so redesignated, by striking
     ``section 114(c).'' and inserting ``section 114(a).''; and

       (ii) by amending paragraph (2) to read as follows:
       ``(2) The date for the submittal to the congressional
     intelligence committees of the annual report on the threat of
     attack on the United States from weapons of mass destruction
     required by section 114(b) shall be the date each year
     provided in subsection (c)(1)(B).'';
       (B) in subsection (c)(1)(B), by striking ``each'' and
     inserting ``the''; and
       (C) in subsection (d)(1)(B), by striking ``an'' and
     inserting ``the''.
       (2) Table of contents of the national security act of
     1947.--The table of contents in the first section of the
     National Security Act of 1947 is amended by striking the
     items relating to sections 603, 604, 605, and 606 and
     inserting the following new items:

``Sec. 603. Extraterritorial jurisdiction.
``Sec. 604. Providing information to Congress.
``Sec. 605. Definitions.''.

     TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY

     SEC. 401. WORKING CAPITAL FUND AMENDMENTS.

       Section 21 of the Central Intelligence Agency Act of 1949
     (50 U.S.C. 403u) is amended as follows:
       (1) In subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C), by striking ``program.'' and
     inserting ``program; and''; and
       (iii) by adding at the end the following:
       ``(D) authorize such providers to make known their services
     to the entities specified in section (a) through Government
     communication channels.''; and
       (B) by adding at the end the following:
       ``(3) The authority in paragraph (1)(D) does not include
     the authority to distribute gifts or promotional items.'';
     and
       (2) in subsection (c)--
       (A) in paragraph (2)(E), by striking ``from the sale or
     exchange of equipment or property of a central service
     provider'' and inserting ``from the sale or exchange of
     equipment, recyclable materials, or property of a central
     service provider.''; and
       (B) in paragraph (3)(B), by striking ``subsection (f)(2)''
     and inserting ``subsections (b)(1)(D) and (f)(2)''.

                         TITLE V--OTHER MATTERS

     SEC. 501. HOMELAND SECURITY INTELLIGENCE PROGRAM.

       There is established within the Department of Homeland
     Security a Homeland Security Intelligence Program. The
     Homeland Security Intelligence Program constitutes the
     intelligence activities of the Office of Intelligence and
     Analysis of the Department that serve predominantly
     departmental missions.

     SEC. 502. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF
                   THE RESEARCH AND DEVELOPMENT PROGRAMS OF THE
                   UNITED STATES INTELLIGENCE COMMUNITY.

       Section 1007(a) of the Intelligence Authorization Act for
     Fiscal Year 2003 (Public Law 107-306; 50 U.S.C. 401 note) is
     amended by striking ``Not later than one year after the date
     on which all members of the Commission are appointed pursuant
     to section 701(a)(3) of the Intelligence Authorization Act
     for Fiscal Year 2010,'' and inserting ``Not later than March
     31, 2013,''.

     SEC. 503. PROTECTING THE INFORMATION TECHNOLOGY SUPPLY CHAIN
                   OF THE UNITED STATES.

       (a) Report.--Not later than 90 days after the date of the
     enactment of this Act, the Director of National Intelligence
     shall submit to the congressional intelligence committees a
     report that--
       (1) identifies foreign suppliers of information technology
     (including equipment, software, and services) that are linked
     directly or indirectly to a foreign government, including--
       (A) by ties to the military forces of a foreign government;
       (B) by ties to the intelligence services of a foreign
     government; or
       (C) by being the beneficiaries of significant low interest
     or no interest loans, loan forgiveness, or other support by a
     foreign government; and
       (2) assesses the vulnerability to malicious activity,
     including cyber crime or espionage, of the telecommunications
     networks of the United States due to the presence of
     technology produced by suppliers identified under paragraph
     (1).
       (b) Form.--The report required under subsection (a) shall
     be submitted in unclassified form, but may include a
     classified annex.
       (c) Telecommunications Networks of the United States
     Defined.--In this section, the term ``telecommunications
     networks of the United States'' includes--
       (1) telephone systems;
       (2) Internet systems;
       (3) fiber optic lines, including cable landings;
       (4) computer networks; and
       (5) smart grid technology under development by the
     Department of Energy.

     SEC. 504. NOTIFICATION REGARDING THE AUTHORIZED PUBLIC
                   DISCLOSURE OF NATIONAL INTELLIGENCE.

       (a) Notification.--In the event of an authorized disclosure
     of national intelligence or intelligence related to national
     security to the persons or entities described in subsection
     (b), the government official responsible for authorizing the
     disclosure shall submit to the congressional intelligence
     committees on a timely basis a notification of the disclosure
     if--
       (1) at the time of the disclosure--
       (A) such intelligence is classified; or
       (B) is declassified for the purpose of the disclosure; and
       (2) the disclosure will be made by an officer, employee, or
     contractor of the Executive branch.
       (b) Persons or Entities Described.--The persons or entities
     described in this subsection are as follows:
       (1) Media personnel.
       (2) Any person or entity, if the disclosure described in
     subsection (a) is made with the intent or knowledge that such
     information will be made publicly available.
       (c) Content.--Each notification required under subsection
     (a) shall--
       (1) provide the specific title and authority of the
     individual authorizing the disclosure;
       (2) if applicable, provide the specific title and authority
     of the individual who authorized the declassification of the
     intelligence disclosed; and
       (3) describe the intelligence disclosed, including the
     classification of the intelligence prior to its disclosure or
     declassification and the rationale for making the disclosure.
       (d) Exception.--The notification requirement in this
     section does not apply to a disclosure made--
       (1) pursuant to any statutory requirement, including to
     section 552 of title 5, United States Code (commonly referred
     to as the ``Freedom of Information Act'');
       (2) in connection with a civil, criminal, or administrative
     proceeding;
       (3) as a result of a declassification review process under
     Executive Order 13526 (50 U.S.C. 435 note) or any successor
     order; or
       (4) to any officer, employee, or contractor of the Federal
     government or member of an advisory committee to an element
     of the intelligence community who possesses an active
     security clearance and a need to know the specific national
     intelligence or intelligence related to national security, as
     defined in section 3(5) of the National Security Act of 1947
     (50 U.S.C. 401a(5)).
       (e) Sunset.--The notification requirements of this section
     shall cease to be effective for any disclosure described in
     subsection (a) that occurs on or after the date that is one
     year after the date of the enactment of this Act.

     SEC. 505. TECHNICAL AMENDMENTS RELATED TO THE OFFICE OF THE
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) Personnel Practices.--Section 2302(a)(2)(C) of title 5,
     United States Code, is amended by striking clause (ii) and
     inserting the following:
       ``(ii)(I) the Federal Bureau of Investigation, the Central
     Intelligence Agency, the Defense Intelligence Agency, the
     National Geospatial-Intelligence Agency, the National
     Security Agency, the Office of the Director of National
     Intelligence, and the National Reconnaissance Office; and
       ``(II) as determined by the President, any executive agency
     or unit thereof the principal function of which is the
     conduct of foreign intelligence or counterintelligence
     activities, provided that the determination be made prior to
     a personnel action; or''.
       (b) Senior Executive Service.--Section 3132(a)(1)(B) of
     title 5, United States Code, is amended by inserting ``the
     Office of the Director of National Intelligence,'' after
     ``the Central Intelligence Agency,''.

     SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE
                   AGENCY.

       Section 606(5) of the National Security Act of 1947 (50
     U.S.C. 426) is amended to read as follows:
       ``(5) The term `intelligence agency' means the elements of
     the intelligence community, as that term is defined in
     section 3(4).''.

     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.

[[Page H7482]]

  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. ROGERS of Michigan. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and include extraneous material on the bill before us
today.
  The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
  There was no objection.
  Mr. ROGERS of Michigan. Madam Speaker, I yield myself such time as I
may consume, and I appreciate the opportunity to be here on New Year's
Eve.
  I first wish to make an announcement with respect to the availability
of the classified annex to the bill under consideration for the Members
of the House. This is to reinforce a previous announcement I made to
Members last evening.
  Madam Speaker, the classified Schedule of Authorizations and the
classified annex accompanying the bill remain available for review by
Members at the offices of the Permanent Select Committee on
Intelligence in room HVC-304 of the Capitol Visitor Center. The
committee office will be open during regular business hours for the
convenience of any Member who wishes to review this material prior to
its consideration by the House.
  I recommend that Members wishing to review the classified annex
contact the committee's director of security to arrange a time and date
for that viewing. This will assure the availability of committee staff
to assist Members who desire assistance during their review of these
classified documents.
  Madam Speaker, I am pleased that the House is considering this
intelligence authorization bill today, the last day of the year. If
passed and enacted, this will be our third intelligence authorization
bill since I assumed the chairmanship and my friend the gentleman from
Maryland became the ranking member of the House Intelligence Committee.
  In May, the House overwhelmingly passed, by a vote of 386-28, an
intelligence authorization bill which is the same product as the bill
that is before us today. I appreciate the ranking member's hard work on
this year's bill and that of our colleagues in the Senate to achieve a
bipartisan result between the two Chambers.

                              {time}  1030

  This is indeed a rare occurrence in this town these days, but this is
truly a bipartisan, bicameral product that moves forward when it comes
to protecting the United States and putting us in the best national
security posture we could imagine.
  The intelligence authorization bill is vital to ensuring that our
intelligence agencies have the resources and authorities they need to
do their important work. The intelligence community plays a critical
role in the war on terrorism and securing the country from the many
threats that we face.
  The annual authorization bill, which funds U.S. intelligence
activities spanning 17 agencies, is also a vital tool for congressional
oversight of the intelligence community's classified activities.
Effective and aggressive congressional oversight is essential to
ensuring the continued success of our intelligence community, and
therefore the safety of all citizens of the United States. 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 FY 2013 bill sustains our current intelligence capabilities and
provides for the development of future capabilities, all while
achieving significant savings and ensuring intelligence agencies are
being good stewards of our taxpayers' money.
  This year, the bill is significantly below last year's enacted budget
but up modestly from the President's roughly $72 billion budget request
for fiscal year 2013. It is also in line with the House budget
resolution, which provides for a modest increase of defense activities
above the President's budget.
  The bill's comprehensive classified annex provides detailed guidance
on intelligence spending, including adjustments to costly but important
programs. The bill funds requirements of the men and women of the
intelligence community, both military and civilian, many of whom
directly support the war zones and are engaged in other dangerous
operations designed to keep Americans safe.
  It provides oversight and authorization for vital intelligence
activities, including the global counterwar on terrorism and efforts by
the National Security Agency to defend us from advanced foreign state-
sponsored cyberthreats. And I can't tell you enough, Madam Speaker, how
in this Chamber we have acted to stand up in the face of a growing
cyberthreat not only to government networks but to private networks as
well. We have, in a bipartisan way, given the first step on how we
stand up our defenses here in the United States to protect us from
nation-states like China and Russia--and now Iran--who seek to do us
harm using the Internet. We will again aggressively pursue next year,
with the help of my ranking member, actions needed, I believe, to
protect the United States against what is the largest threat we face
that we are not prepared to handle, and that is the growing threat of
cyberattack and cyberespionage.
  Countering the proliferation of weapons of mass destruction is also a
critical, important mission of our intelligence community, and we made
sure the resources were available to that end, as well as for global
monitoring of foreign militaries and advanced weapons systems and
tests, and for research and development of new technology to maintain
our intelligence agencies' technological edge.
  And like the House-passed bill, this bill promotes operating
efficiencies in a number of areas, particularly in information
technology, the ground processing of satellite data, and the
procurement and operation of intelligence, surveillance, and
reconnaissance platforms. The bill holds personnel levels, one of the
first and biggest cost drivers, generally at last year's levels. Even
so, the bill adds a limited number of new personnel positions for
select, high-priority positions, such as FBI surveillance officers to
keep watch on terrorists, and personnel for certain other programs that
will increase cooperation and training with our foreign partners in the
critically important role for our intelligence agencies as we move to
protect ourselves from threats all around the world.
  The bill authorizes increased funding for intelligence collection
programs, including increased counterintelligence to thwart foreign
spies. It also increases funding for our intelligence community's
comparative advantage--cutting-edge research and development. This is
an incredibly important investment for the United States. If we are
going to continue to lead in the ability to detect before they can do
harm to the United States, we have to make the investment in research
and development of high-end technological advancement.
  While I cannot get into the specifics of a lot of these programs,
it's important to mention them as we are going through the process each
year in conducting oversight of intelligence activities and making
funding recommendations that will help the community meet its mission
in the most effective, fiscally responsible way.
  The bipartisan fiscal year 2013 intelligence authorization bill we
are considering today preserves and advances national security and is
also fiscally responsible. The secrecy that is a necessary part of this
country's intelligence work requires that the congressional
Intelligence Committees conduct strong and effective oversight on
behalf of the American people and even our colleagues here in the
House. That strong and effective oversight is impossible, however,
without the advancement of these bills.
  I want to thank all of the members of the committee for their
bipartisan effort to find agreement on a bill that saves money and
moves forward smartly on protecting the interests of national security
for the United States. I want to thank both of the staffs for working
together to produce this bill. This truly is a collaborative effort
both from staff and Members in this Chamber and in the Senate, proving
that you can work in a bipartisan way to accomplish the best interests
of the United States and, in this case, particularly when it comes to
national security.

[[Page H7483]]

  One final note: I want to congratulate Mrs. Myrick on her years of
great service to the Intelligence Committee. She will be leaving us
this year. This will be her last authorization bill that she will
participate in. I am pleased to see that a provision she championed in
May concerning the protection of the United States information
technology supply chain is included in this bill. She has done great
work in her time with the committee, and she certainly will be missed.
She has been a true champion of the national security interests of this
country. She is a great friend of mine, and I wish her well in her new
endeavors.
  I thank all who participated. I also want to take this opportunity to
thank my chief counsel for celebrating his birthday today on the House
floor with us on New Year's Eve day. I appreciate that very much.
  With that, I reserve the balance of my time.
  Mr. RUPPERSBERGER. Madam Speaker, I yield myself as much time as I
may consume.
  Before us today is the Intelligence Authorization Act for fiscal year
2013. It's a good, bipartisan bill that gives our intelligence
professionals the resources, capabilities, and authorities they need to
keep us safe. And I also want to acknowledge the leadership of Chairman
Rogers. His bipartisan leadership has helped us make the Intelligence
Committee a committee that provides oversight to our intelligence
agencies and gives them the resources that they need to protect our
country. I also want to acknowledge the staff on both sides of the
aisle who worked very closely to put this bill together.
  When Chairman Rogers and I took over leadership of the Intelligence
Committee, we made a commitment to bipartisanship. We believe politics
has no place in national security. The stakes are just too high. We
also made a commitment to passing intelligence budgets that provide
oversight to the intelligence community and give it important financial
direction. Chairman Rogers and I also work closely with Chairwoman
Dianne Feinstein and vice chair Saxby Chambliss of the Senate
Intelligence Committee, our counterparts in the Senate, so we can get
things done.
  If this bill becomes law, it will be the third budget bill in a row
passed since we took over leadership in January, 2011--a big change
from the previous 6 years when we only passed one budget bill. This was
an open, bipartisan process where we reached agreement on issues that
will make this country safer and intelligence processes more efficient.
  We know we are facing tough economic times. This budget is slightly
below the enacted levels of FY 2012. We made cuts where appropriate,
eliminated redundancies, and pushed programs to come in on time and on
budget.
  People ask me what keeps me up at night. Besides spicy food, I say
weapons of mass destruction and a catastrophic cyberattack that shuts
down our banking system, water supply, power grids or worse.
  This bill continues a substantial investment in cybersecurity that
must be made to keep up with the cyberthreats of today and tomorrow. We
also believe we must protect privacy and civil liberties when it comes
to cybersecurity.
  Another priority is space. The bill promotes the commercial space
industry by enhancing the government use of commercial imagery and
commercial communications services. It requires the government to use
commercial imagery to the maximum extent practicable.
  I believe competition is important to ensure we get high quality
products while keeping costs down. It drives innovation and provides a
much-needed insurance policy in case there are problems with other
programs. And it does create jobs.
  The bill expanded our counterterrorism efforts to continue the fight
against al Qaeda and its affiliates around the world. The bill also
makes counterintelligence the priority it is. It makes strategic
additions across the intelligence community. This will pay for
surveillance, better supply chain security, and the counterintelligence
analysts we need.
  The bill added resources to the intelligence community's global
coverage initiatives to ensure the United States is capable and ready
to address threats from any location around the world, especially in
areas of strategic interest.

                              {time}  1040

  It authorizes the Department of Defense's new defense clandestine
service to reorganize its human intelligence collection. It will be a
part of the CIA's national clandestine service. The bill directed the
Director of national intelligence to develop a centralized cloud for
the entire intelligence community; advancing collaboration and further
promoting efficiency; and it required the President to develop a
strategy for security clearance, reciprocity, and a report on how to
better protect our information technology across the global supply
chain.
  I urge my colleagues to support the Intelligence Authorization Act
for FY 2012. When this bill was before the House in May, it passed by a
bipartisan margin of 386-28. It's a good bipartisan bill that gives our
intelligence professionals what they need to do their jobs and protect
our Nation.
  Madam Speaker, I reserve the balance of my time.
  Mr. ROGERS of Michigan. Madam Speaker, I inquire if the minority side
has a list of speakers.
  Mr. RUPPERSBERGER. At this time, we have one speaker. We're waiting
for more; but if they don't come, we'll move on.
  Mr. ROGERS of Michigan. Then I will continue to reserve the balance
of my time.
  Mr. RUPPERSBERGER. Madam Speaker, I yield 2 minutes to the
Congressman from Ohio, Dennis Kucinich.
  Mr. KUCINICH. I thank my friend. And I want to thank both my friends,
the chair and the ranking member, for the work that they do on
intelligence. You make a commitment to this country, and I think the
country is in good hands because of your work.
  I want to raise a question--and we've had some of these conversations
between ourselves. I'm very concerned about the shift that's occurred
in our national security policy where the Central Intelligence Agency
has increasingly played a very powerful paramilitary role with the
execution of drone strikes. Numerous studies have indicated that there
are many innocent civilians being killed by drone strikes. There's a
lack of accountability here. There have been studies that suggest, for
example in Yemen, that drone strikes are stirring up anti-American
sentiment to the point where al Qaeda is actually being empowered.
  We really have to ask of the CIA, but even more than that, of our
entire national security infrastructure, What's the game plan here? We
see there have been changes in military policy where certain functions
have been ceded to the CIA. We see changes in foreign policy where the
State Department has let go of some of its functions. We know that the
military has made an attempt with the Defense Intelligence Agency to
try to become more actively involved as a separate organization. They
were seeking 1,600 new spies.
  We have this architecture of national security which is so powerful,
but I'm not sure that it's actually that effective. I don't question
the effectiveness of our chair or our ranking member, but I do question
the effectiveness of what we're doing.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. RUPPERSBERGER. I yield an additional 1 minute to the gentleman
from Ohio.
  Mr. KUCINICH. I do question the effectiveness of this drone program,
its adherence to international law or lack thereof, the intel gathering
on targeted killings where we've seen reports of efforts of one group
to target individuals and other groups as a way of trying to settle
some scores between people so they put them up as a potential terrorist
and they get marked on a list and executed. And as I mentioned earlier,
the concern about civilian deaths.
  I think that the Central Intelligence Agency functions best in
gathering intelligence, and we ought to support them in that regard. I
was very concerned and expressed this on the floor about what happened
in Benghazi. If we'd paid more attention to the CIA, we probably would
still have some of our officials there alive. But that's gone and it's
over. We have to recognize that putting the CIA more and more into a
paramilitary position is not in the best interest of this country, I
don't believe.

[[Page H7484]]

  Mr. ROGERS of Michigan. I yield myself such time as I may consume.
  The gentleman and I have had these conversations, and I respect his
position greatly and the work he does in Congress.
  I have some disagreements, and I'll tell you why--and I hope that the
gentleman will consider voting for this bill today. The amount of
oversight that the ranking member and I have increased on programs that
may have concerns on behalf of Americans, because we have the same
concerns. There are tools that America engages in, including air
strikes. Air strikes have been something that we have used since we
could figure out how to get something off the ground and throw
something at the ground. They have been used as a tool. It's not a
policy of the United States; it's a tool of the United States to make
America safe.
  The amount of oversight that happens--and I will tell you this: if
there is any air strike conducted that involves an enemy combatant of
the United States outside the theater of direct combat, it gets
reviewed by this committee. I am talking about every single one. That's
an important thing. There are very strict reviews put on all of this
material. There are very strict guidelines about how these air strikes
may or may not occur, because we have that same feeling. If people lose
faith in the ability of our intelligence services to do their work,
then they will be ineffective, and, therefore, we will be less safe.
  Our argument has been we want that oversight, we want aggressive
oversight, and we want thorough review. I can tell you--and I think
you'd be proud--of the very work that we do on the committee to that
end. We never really did covert-action reviews, except for
sporadically. Now we do regularly, quarterly, and monthly covert-action
reviews on this committee to make sure that we get it right, that they
get it right.
  Mr. KUCINICH. Will the gentleman yield?
  Mr. ROGERS of Michigan. I would be honored to yield to the gentleman
from Ohio.
  Mr. KUCINICH. I have no question about the commitment of the chair
and the ranking member to proper oversight, but what I do question is
that the proliferation of the drone strikes puts such an extraordinary
burden on our own oversight capacities. I'm wondering, looking
retrospectively at the number of civilian casualties that have
occurred, the oversight--there's a decoupling of the oversight capacity
from the consequences of the strikes, and that's the point that I'm
making here.
  I would ask my friend going forward for the committee to be ever more
vigilant on--if you're for these strikes and you are conducting the
oversight, look at the consequences of civilian casualties to raise
questions about the information that's being given you. That's the
point that I'm making.
  With that, I thank my friend for yielding.
  Mr. ROGERS of Michigan. I appreciate that, and I reclaim my time.
  I think this is very important. Again, I personally review and the
committee reviews the material that comes to these committees.
  There are many in the world who have political agendas about civilian
casualties. I can tell you to rest assured that that is a point of
review for any activity--I'm talking about any activity--that our
intelligence community may or may not engage in. I think that you would
be shocked and stunned how wrong those public reports are about
civilian casualties, and I say that with all seriousness and with the
very thought that every one of these events is reviewed.
  If there is an air strike used as a technique anywhere in the world
to keep America safe, it is reviewed if it comes within the purview of
the intelligence community, both military and civilian, on this
committee. Those reports are wrong. They are not just wrong; they are
wildly wrong. And I do believe people use those reports for their own
political purposes outside of the country to try to put pressure on the
United States.

                              {time}  1050

  Mr. KUCINICH. If I may, will the gentleman yield?
  Mr. ROGERS of Michigan. I yield to the gentleman from Ohio.
  Mr. KUCINICH. What I would like to do, Mr. Chairman, is to present to
you and the ranking member reports that have been forwarded to me
regarding these casualties. Maybe these are reports that you've seen,
and maybe they aren't; but I certainly think that in the interest of
acquitting our country's efforts that we make sure that every effort is
made to avoid civilian casualties. So I will present those to you and
the ranking member in the next few days, and I want to thank you for
giving me this opportunity.
  Mr. ROGERS of Michigan. In reclaiming my time, I just want to assure
the gentleman that every one of these is reviewed, and rest assured
that the public reports about civilian casualties are not just a little
bit wrong; they are wildly wrong.
  With that, I reserve the balance of my time.
  Mr. RUPPERSBERGER. I yield myself such time as I may consume.
  First, I do want to acknowledge the work that has been done by Dennis
Kucinich as a Member of Congress. Dennis and I don't always
philosophically agree, but I respect that he has a good point of view.
That's the whole process here in Congress--that we have different
points of view, that we come together, that we debate, and that we can
make decisions.
  So, Dennis, we are going to miss you. Good luck to you and your
family in the future, and I'm glad that one of the last things you're
going to do is come here and talk about our bill today.
  In just acknowledging what the chairman said, there is an aggressive
legal process that is undertaken as far as drones are concerned that
goes to the highest levels of our government before strikes are taken.
In everything that I have reviewed, if there are children or innocent
victims there, the strike does not take place. So there is a process.
Unfortunately, there are some casualties--very minor. I would also
agree with the chairman as far as this is concerned: in that what you
read in the media is usually not what the facts are.
  It is part of what we do. Why do we have the Intelligence Committee?
We have it because there is classified information that if it got out
would hurt the national security of our country. It's part of our role
and our committee's role to take this classified information and work
with the agencies to which we provide oversight so we will continue to
work through that process.
  Mr. Kucinich, I'm glad that you did raise that as an issue, as we all
should.
  Madam Speaker, for the third time in 3 years, Chairman Rogers and I
have stood on the floor of the House encouraging our colleagues to
support our intelligence budget bill. Today, we both rise in support of
the Intelligence Authorization Act for Fiscal Year 2013. The bill gives
our intelligence professionals the resources, capabilities, and
authorities they need to protect America and American interests.
  We crafted a bill that addresses our core needs, including space,
cybersecurity, counterintelligence, and counterterrorism. We are also
keeping an eye on the bottom line. The bill is slightly below last
year's budget and holds personnel at last year's levels. In a very
strong bipartisan way, the Intelligence Committee came together as
Democrats and Republicans to do what is right for our country and for
the intelligence community.
  I thank the staff again for what it has done, and I thank the
chairman for his leadership in helping to provide this bill in a very
fair, bipartisan way.
  I would also like to acknowledge two Democratic Members who will be
leaving us at the end of this session--Congressman Dan Boren of
Oklahoma and Congressman Ben Chandler of Kentucky. Both Members will be
greatly missed, and I appreciate their service on the Intelligence
Committee.
  Madam Speaker, I urge my colleagues to support the Intelligence
Authorization Act for FY 2013, and I yield back the balance of my time.
  Mr. ROGERS of Michigan. Madam Speaker, may I inquire as to how much
time is remaining.
  The SPEAKER pro tempore. The gentleman from Michigan has 5\1/2\
minutes remaining.
  Mr. ROGERS of Michigan. I yield myself such time as I may consume.
  Again, I want to thank my ranking member and both staffs on the
Intelligence Committee for the long hours, hard work and thorough,
detailed work

[[Page H7485]]

on the budgets and on the classified annex of this report.
  I think it should alleviate many of the good concerns of Mr. Kucinich
and others who are concerned about these activities. I think it's
important to reiterate that we have the same concerns, which is why we
are so thorough and why we have joined together in a bipartisan way to
increase the level of congressional oversight and to increase our
impact and influence on the policies of the intelligence community in
order to make sure it conforms with what this body and what I think the
United States of America wants and needs in its intelligence services.
  We have now done, as I said before, regularly scheduled covert
action, which, I think, should rest assured Americans that it is
serious, thoughtful and thorough oversight. For counterintelligence
activities, we now have regularly scheduled oversight. Every department
is required to proffer its budget request, and we go over it line by
line, dollar by dollar, policy by policy to make sure it conforms with
the concerns of everyone in this body.
  As I said before, these are very brave Americans who are serving in
really tough neighborhoods all over the world--trying to collect
information, trying to take actionable intelligence to a point that it
protects us from harm here at home. They deserve our respect, our
encouragement, our high-five and pat on the back when they come home.
They want thorough oversight. You wouldn't believe it, but they do.
They want to know that the work that they're doing would make America
proud for them risking their lives and being away from their families
and putting it all on the line to keep America safe.
  That's why we agreed to do this in a bipartisan way and to be so
thorough in its congressional oversight, because without that--without
that confidence, without that faith of the American people that they're
doing something on behalf of this great Nation--they will lose their
ability to do what they do, and they will lose the courage and
confidence that they need to do it in the right way. So that's what
this bill reflects.
  I understand your concerns. I look forward to our further
conversations on this; and in further conversations, I'd like to have
the opportunity, if we can arrange this, to give you some examples--a
peek behind the curtain as to exactly what goes on in the processes of
making sure that we keep the good people safe and that the bad guys are
brought to justice. I think you'd be proud of that work. This bill
reflects that.
  Again, thanks to the ranking member and to the staffs and to the
members on both sides of this committee. Thanks to Senator Feinstein
and to Senator Saxby Chambliss for their help in putting this bill
together.
  I hope we'll get a large show of support with a strong vote of
bipartisanship for the men and women who are serving at our
intelligence posts all around the world today. Let's send this to the
President so we can go about the business of keeping America safe and
maybe even look at some other details that the Speaker may have
interest in dealing with today.
  With that, I yield back the balance of my time.
  Mr. BLUMENAUER. Madam Speaker, today, I voted against the Fiscal Year
2013 Intelligence Authorization Act. Despite keeping funding levels
flat and capping personnel levels to that of Fiscal Year 2012, this
authorization is not significantly different than the earlier version I
voted against in May.
  It is another missed opportunity to make significant, smart
reductions in our intelligence infrastructure, at a time when we're
asking so many others to make significant budgetary sacrifices in the
midst of austerity. This legislation continues to spend way too much
money--$72 to $78 billion a year--with little transparency or efforts
to reduce the sprawling intelligence community and protect privacy
rights.
  It's of paramount importance to keep our country safe, and that's
exactly what our intelligence community has done, but we cannot afford
to spend as much on intelligence as Russia does on its entire military
budget or employ hundreds of thousands of people with secret clearance.
  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 pass the bill, S. 3454.
  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. Madam Speaker, I object to the vote on the
ground that a quorum is not present and make the point of order that a
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________


[Congressional Record Volume 158, Number 171 (Monday, December 31, 2012)]
[House]
[Page H7512]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]




          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2013

  The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill (S. 3454) to authorize
appropriations for fiscal year 2013 for intelligence and intelligence-
related activities of the United States Government and the Office of
the Director of National Intelligence, the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
  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 pass the bill.
  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. SCHWEIKERT. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 373,
nays 29, not voting 29, as follows:

                             [Roll No. 652]

                               YEAS--373

     Adams
     Aderholt
     Akin
     Alexander
     Altmire
     Amodei
     Andrews
     Austria
     Baca
     Bachmann
     Bachus
     Baldwin
     Barber
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (CA)
     Becerra
     Benishek
     Berg
     Berkley
     Berman
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Black
     Blackburn
     Bonamici
     Bonner
     Boren
     Boswell
     Boustany
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brooks
     Broun (GA)
     Brown (FL)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Butterfield
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Capps
     Carnahan
     Carney
     Carson (IN)
     Carter
     Cassidy
     Chabot
     Chaffetz
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Coble
     Coffman (CO)
     Cole
     Conaway
     Connolly (VA)
     Cooper
     Costa
     Courtney
     Cravaack
     Crenshaw
     Critz
     Crowley
     Cuellar
     Culberson
     Curson (MI)
     Davis (CA)
     DeFazio
     DeLauro
     DelBene
     Denham
     Dent
     DesJarlais
     Deutch
     Diaz-Balart
     Dicks
     Dingell
     Dold
     Donnelly (IN)
     Doyle
     Dreier
     Duffy
     Duncan (SC)
     Edwards
     Ellmers
     Emerson
     Engel
     Eshoo
     Farenthold
     Farr
     Fattah
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Fudge
     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
     Guthrie
     Hall
     Hanabusa
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Heck
     Heinrich
     Hensarling
     Herger
     Herrera Beutler
     Higgins
     Himes
     Hinchey
     Hirono
     Hochul
     Holden
     Hoyer
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Israel
     Issa
     Jackson Lee (TX)
     Jenkins
     Johnson (GA)
     Johnson (OH)
     Johnson, E. B.
     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
     Lipinski
     LoBiondo
     Loebsack
     Long
     Lowey
     Lucas
     Luetkemeyer
     Lujan
     Lummis
     Lungren, Daniel E.
     Lynch
     Manzullo
     Marchant
     Marino
     Markey
     Matheson
     Matsui
     McCarthy (CA)
     McCaul
     McClintock
     McCollum
     McDermott
     McHenry
     McIntyre
     McKeon
     McKinley
     McMorris Rodgers
     McNerney
     Meehan
     Meeks
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moore
     Moran
     Mulvaney
     Murphy (CT)
     Murphy (PA)
     Myrick
     Nadler
     Napolitano
     Neal
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Owens
     Palazzo
     Pallone
     Paulsen
     Payne
     Pearce
     Pence
     Perlmutter
     Peters
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     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)
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Rothman (NJ)
     Royce
     Runyan
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Scalise
     Schakowsky
     Schiff
     Schilling
     Schock
     Schrader
     Schwartz
     Schweikert
     Scott (SC)
     Scott (VA)
     Scott, Austin
     Scott, David
     Sensenbrenner
     Serrano
     Sessions
     Sewell
     Sherman
     Shimkus
     Shuster
     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
     Tsongas
     Turner (NY)
     Turner (OH)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Wasserman Schultz
     Watt
     Webster
     Welch
     West
     Westmoreland
     Whitfield
     Wilson (FL)
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yarmuth
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                                NAYS--29

     Amash
     Blumenauer
     Capuano
     Cohen
     Conyers
     Cummings
     Davis (IL)
     DeGette
     Doggett
     Duncan (TN)
     Ellison
     Gibson
     Grijalva
     Gutierrez
     Hahn
     Holt
     Honda
     Jones
     Kucinich
     Lee (CA)
     Lofgren, Zoe
     Massie
     McGovern
     Miller, George
     Olver
     Pingree (ME)
     Polis
     Speier
     Waters

                             NOT VOTING--29

     Ackerman
     Bass (NH)
     Bono Mack
     Burton (IN)
     Castor (FL)
     Costello
     Crawford
     Gallegly
     Hinojosa
     Johnson (IL)
     Lewis (CA)
     Lewis (GA)
     Mack
     Maloney
     McCarthy (NY)
     Pascrell
     Pastor (AZ)
     Paul
     Pelosi
     Rohrabacher
     Ross (FL)
     Roybal-Allard
     Schmidt
     Shuler
     Simpson
     Stark
     Towns
     Waxman
     Woolsey

                              {time}  1805

  Messrs. CONYERS, COHEN, CUMMINGS, DOGGETT, GRIJALVA, and Ms. SPEIER
changed their vote from ``yea'' to ``nay.''
  Mr. SERRANO changed his vote from ``nay'' to ``yea.''
  So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________