[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