[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1892 Reported in House (RH)]

                                                 Union Calendar No. 126
112th CONGRESS
  1st Session
                                H. R. 1892

                          [Report No. 112-197]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2011

    Mr. Rogers of Michigan introduced the following bill; which was 
  referred to the Select Committee on Intelligence (Permanent Select)

                           September 2, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 13, 
                                 2011]


_______________________________________________________________________

                                 A BILL


 
 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.


 


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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 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. 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.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

                Subtitle A--Central Intelligence Agency

Sec. 401. Burial allowance.
Sec. 402. Solicitation of gifts.
Sec. 403. Acceptance of gifts, devises, and bequests.
Sec. 404. Creating an official record of the Osama bin Laden operation.

                       Subtitle B--Other Elements

Sec. 411. Codification of Office of Intelligence and Analysis of the 
                            Department of Homeland Security as element 
                            of the intelligence community.
Sec. 412. Report and strategic plan on drug trafficking organizations 
                            and impact on public lands.
Sec. 413. 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. 2. DEFINITIONS.

    In this Act:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).

                    TITLE I--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.--In carrying out paragraph (2), 
        the President may disclose only that budget-related information 
        necessary to execute the classified Schedule of Authorizations 
        and shall not disclose the Schedule or any portion of the 
        Schedule publicly.

SEC. 103. 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 
$590,339,000. 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 794 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.

    (a) Report.--Subtitle C of title X of the National Security Act of 
1947 (50 U.S.C. 401 et seq.) is amended by adding at the end the 
following new section:

   ``annual report on hiring of national security education program 
                              participants

    ``Sec. 1025. Not later than 90 days after the end of each fiscal 
year, 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.).''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section of such Act is amended by inserting after the item 
relating to section 1024 the following new item:

``Sec. 1025. Annual report on hiring of National Security Education 
                            Program participants.''.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

                Subtitle A--Central Intelligence Agency

SEC. 401. BURIAL ALLOWANCE.

    (a) In General.--Section 11 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403k) is amended--
            (1) in the heading, by inserting ``and burial allowance'' 
        after ``gratuities''; and
            (2) by adding at the end the following new subsection:
    ``(c)(1) At the request of a representative of the estate of any 
officer or employee of the Agency (as determined in accordance with the 
laws of a State) who dies in a manner described in subsection (a)(1), 
the Director may pay to such estate a burial allowance.
    ``(2) A burial allowance paid under paragraph (1) may be used to 
cover 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 
deceased.
    ``(3) Each payment made under this subsection shall be--
            ``(A) in an amount not greater than $15,000 plus the actual 
        costs of transportation referred to in paragraph (2); and
            ``(B) in addition to any other benefit that may be due 
        under any other provision of law.
    ``(4) The Director may annually increase the amount in paragraph 
(3)(A) to reflect any increase in the Consumer Price Index occurring 
during the preceding year.
    ``(5) The Director may pay the burial benefit authorized under this 
subsection more than once for funeral, memorial, or burial expenses 
stemming from a single death of an officer or employee of the Agency if 
the remains of such officer or employee were not recovered, were 
recovered after considerable delay, or were not recovered intact.''.
    (b) Effective Date of Authority to Increase Allowance.--Section 
11(c)(4) of the Central Intelligence Agency Act of 1949, as added by 
subsection (a), shall take effect on the date that is one year after 
the date of the enactment of this Act.

SEC. 402. SOLICITATION OF GIFTS.

    Section 12(a) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403l(a)) is amended--
            (1) in the first sentence--
                    (A) by striking ``Subject'' and inserting ``(1) 
                Subject''; and
                    (B) by striking ``may accept'' and inserting ``may 
                solicit, accept'';
            (2) in the second sentence--
                    (A) by striking ``general''; and
                    (B) by striking ``employees or dependents of 
                employees of the Agency'' and inserting ``employees of 
                the Agency, dependents of employees of the Agency, or 
                survivors of deceased employees of the Agency who died 
                in a manner described in section 11(a)(1)''; and
            (3) by adding at the end the following new paragraph:
    ``(2) The Director shall issue regulations to carry out the 
authority to solicit gifts under paragraph (1). Such regulations shall 
ensure that any solicitation is consistent with all relevant ethical 
constraints and principles, including the avoidance of any prohibited 
conflict of interest or appearance of impropriety.''.

SEC. 403. ACCEPTANCE OF GIFTS, DEVISES, AND BEQUESTS.

    Section 12 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403l) is amended by adding at the end the following new 
subsection:
    ``(f)(1) Subject to limitations established by the Director, a 
covered employee may accept a gift from a source other than a foreign 
government or an agent of a foreign government.
    ``(2) The Director shall issue regulations to carry out this 
subsection. Such regulations shall address any potential 
counterintelligence concerns with generally accepting gifts under this 
subsection and prior to the acceptance of any individual gift.
    ``(3) In this subsection, the term `covered employee' means an 
employee of the Agency who suffered an injury or illness that--
            ``(A) resulted from hostile or terrorist activities; or
            ``(B) occurred under other circumstances determined by the 
        Director to be analogous to subparagraph (A).''.

SEC. 404. CREATING AN OFFICIAL RECORD OF THE OSAMA BIN LADEN OPERATION.

    (a) Findings.--The 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 communities 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 one year after the date of the enactment of this Act, the Director 
of the Central Intelligence Agency, in consultation with other agencies 
and entities involved in the operation that killed Osama bin Laden, 
shall submit to the congressional intelligence committees a classified 
report that memorializes such operation including a description of the 
events leading up to the discovery of the location of Osama bin Laden, 
the planning and execution of the raid, and the results of the 
intelligence gained from the raid.
    (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).

                       Subtitle B--Other Elements

SEC. 411. 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. 412. REPORT AND STRATEGIC PLAN ON DRUG TRAFFICKING ORGANIZATIONS 
              AND IMPACT ON PUBLIC LANDS.

    (a) Requirement for Report.--Not later than one year after the date 
of the enactment of this Act, the Director of National Intelligence 
shall submit to the congressional intelligence committees a report on--
            (1) the intelligence collection efforts of the United 
        States that assess the threat from covered entities that are 
        currently or have previously used public lands in the United 
        States to further their operations; and
            (2) efforts to protect public lands of the United States 
        from illegal drug grows.
    (b) Contents.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of the intelligence collection efforts of 
        the United States dedicated to covered entities.
            (2) An assessment of any problems that may reduce the 
        overall effectiveness of United States intelligence collection 
        and analysis to identify and protect public lands from illegal 
        drug grows and other activities and threats of covered 
        entities, including--
                    (A) intelligence collection gaps or inefficiencies;
                    (B) information sharing practices in the 
                intelligence community and other agencies, including 
                Federal land management agencies; and
                    (C) cooperation among Federal departments or 
                agencies.
            (3) A strategic plan prepared by the Director of National 
        Intelligence that describes actions the appropriate elements of 
        the intelligence community can take to close intelligence gaps 
        related to covered entities, and the use by such entities of 
        public lands for illegal purposes, including threat assessments 
        from all Federal land management agencies.
            (4) A description of appropriate goals, schedules, 
        milestones, or metrics to measure the long-term effectiveness 
        of actions implemented to carry out the plan described in 
        paragraph (4).
    (c) Implementation of Strategic Plan.--Not later than 30 days after 
the date on which the Director of National Intelligence submits the 
report required by subsection (a), the Director shall begin 
implementation of the strategic plan described in subsection (b)(4).
    (d) Definitions.--In this section:
            (1) Covered entity.--The term ``covered entity'' means a 
        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'' has the 
        meaning given that term in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702).

SEC. 413. 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.
                                                 Union Calendar No. 126

112th CONGRESS

  1st Session

                               H. R. 1892

                          [Report No. 112-197]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                           September 2, 2011

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed