[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
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     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
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     Price (NC)
     Quayle
     Quigley
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     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
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     Rooney
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     Roskam
     Ross (AR)
     Ross (FL)
     Rothman (NJ)
     Roybal-Allard
     Royce
     Runyan
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     Rush
     Ryan (OH)
     Ryan (WI)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
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     Schakowsky
     Schiff
     Schilling
     Schmidt
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     Schrader
     Schwartz
     Schweikert
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     Scott, Austin
     Scott, David
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     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.''

                          ____________________