[Congressional Record Volume 157, Number 192 (Wednesday, December 14, 2011)]
[Senate]
[Pages S8611-S8617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to Calendar No. 161.

[[Page S8612]]

  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. FEINSTEIN. Mr. President, I am very pleased to rise today in 
support of the Senate's passage of the Intelligence Authorization Act 
of Fiscal Year 2012. I understand that the House of Representatives 
intends to consider this legislation on the suspension calendar later 
this week, so it should be enacted prior to the end of this session.
  This will be the third time in less than 15 months that the Congress 
will enact an intelligence authorization bill--including bills for 
fiscal years 2010, 2011, and 2012--after a 6 year hiatus in passing 
such legislation. What this means is that Congress, through the Senate 
and House Intelligence Committees, is restoring oversight over the 
intelligence community and fulfilling our responsibility to thoroughly 
examine intelligence policies and budgets.
  Unlike the last two authorization bills, this bill was completed 
contemporaneously with, instead of after, the appropriations process 
that funds intelligence efforts. The classified annex to this 
legislation authorizes appropriations for intelligence activities and 
has helped guide the work of the appropriations committees as they 
considered intelligence spending. The days when the intelligence 
community can bypass the intelligence committees and deal solely with 
the appropriations committees are over.
  Since receiving the President's budget request for the intelligence 
community in February, the Intelligence Committee has recognized that 
the massive increase in intelligence spending over the past decade has 
come to an end. Our original bill, reported to the Senate in August of 
this year, reduced intelligence spending below the President's request. 
Since then, we have worked closely with the House Intelligence 
Committee, the Senate Appropriations Committee, and the executive 
branch to reflect the spending reductions set in the Budget Control Act 
of 2011. The legislation we are approving today keeps funding for 
intelligence essentially flat from fiscal year 2011, representing the a 
meaningful reduction from the President's request.
  As we look to 2013, many more difficult decisions will need to be 
made to make further reductions to intelligence spending. It is my 
belief that real reductions in intelligence spending can be 
accomplished without sacrificing capability, but this will require a 
rigorous review and the executive branch being more forthcoming than it 
has been to date about where it believes cuts are possible.
  Of course, the bill also provides significant legislative provisions 
to give the intelligence community the authorities and flexibilities it 
needs to continue protecting our national security and providing 
policymakers the information they need to make foreign policy and 
security decisions; and other provisions for the effective and 
appropriate functioning of our intelligence apparatus.
  I note that passage of the last intelligence authorization bill 
occurred shortly after the strike leading to the death of Usama bin 
Laden in Abbottabad, Pakistan. Since then, the intelligence community 
has had continued success in tracking and removing terrorist threats to 
the United States. Senior leaders and commanders of al-Qaida, including 
all of its affiliate groups as well as militant organizations involved 
in the Afghan war, have been removed from the fight, and terrorist 
plots and plotting have been disrupted. Among them, a plot to kill the 
Saudi Ambassador to the United States was thwarted due to the skillful 
and cooperative efforts of the FBI, DEA, CIA, and others.
  Intelligence has factored into significant policy decisions and U.S. 
actions, including with respect to interdicting the proliferation of 
weapons, setting economic sanctions, protecting ISAF forces in 
Afghanistan, blocking cyber attacks against our government and certain 
critical infrastructure companies, and contributing to the NATO effort 
in Libya.
  It is my hope that the provisions in this bill will continue to aid 
the intelligence community as it conducts its missions; ensure better 
stewardship of taxpayer dollars; and support its thousands of civilians 
and military employees.
  Among other things, this bill includes: A section that provides for 
burial allowances for intelligence employees killed in the line of 
duty, similar to those for members of the U.S. military; New 
procurement authorities that enable intelligence agencies to protect 
against supply chain risk to information technologies; a measure 
authorizing new accounts at the Department of Treasury that will enable 
defense intelligence agencies to become financially auditable; 
Provisions that strengthen congressional oversight of the transfer of 
detainees from Guantanamo Bay; a section that will improve the accuracy 
of intelligence community cost estimates; and Provisions that provide 
the Director of National Intelligence with needed personnel management 
authorities.
  As I noted, the bill contains a 275-page classified schedule and 
annex that authorizes intelligence funding and implements the 
committee's oversight findings over the past year. That annex is 
available to all Senators in the intelligence committee's offices.
  Mr. President, let me note my sincere appreciation for the close 
collaboration of Senator Chambliss, the vice chairman of the committee, 
throughout the legislative process. He and his staff--in particular 
Martha Scott Poindexter and Jacqueline Russell--have continued the 
bipartisan approach that the committee followed in the last Congress, 
and we have together agreed to every provision in the bill.
  As can be imagined, it has taken enormous effort to produce a third 
bill in such a short time frame. I sincerely thank the efforts of the 
staff to review the President's requested funding levels and 
legislative provisions, to draft legislation, and to negotiate a final 
product. In particular, I thank Lorenzo Goco, the Deputy Staff Director 
who has overseen the legislative efforts, Michael Davidson, the general 
counsel of the Senate Intelligence Committee until this past Labor Day, 
and Christine Healey, who has carried the load of the legislative work 
throughout and who replaced Mr. Davidson as general counsel. I also 
extend my appreciation for the work of Eric Losick and Mike Buchwald, 
majority counsel on the Committee, and Jack Livingston and Kathleen 
Rice, the minority counsel.
  Similarly, the Committee's budget staff has worked diligently and 
expertly in their preparation of the classified annex to this bill and 
in working with intelligence agencies to understand and guide their 
efforts. I thank the committee's budget director, Peggy Evans, and the 
budget staff through this period: Hayden Milberg, Randy Bookout, Andrew 
Kerr, John Dickas, Paul Matulic, Matt Pollard, Amy Hopkins, Jamal Ware, 
Iram Ali, Jeffrey Howard, Andy Grotto, Jim Smythers, Brian Miller, Eric 
Chapman, John Maguire, Tyler Stephens, Evan Gottesman, Brian Walsh, 
Ryan Tully, and Christian Cook.
  I also appreciate the work and relationship with Chairman Rogers and 
Ranking Member Ruppersberger of the House Permanent Select Committee on 
Intelligence. The version of the legislation approved today builds on 
the House legislation, and our two committees have consulted closely 
throughout this process. We held a joint open hearing on the tenth 
anniversary of the September 11, 2011, attacks and I look forward to 
continuing to work together next year to enact the fiscal year 2013 
intelligence authorization bill.
  Let me also note my appreciation for two other Senate committees. The 
Senate Appropriations Subcommittee on Defense has closely followed our 
authorizations as it drafted its appropriations bill. This underscores 
the work done in our bill, and limits to a minimum the cases where the 
authorization and appropriations levels do not match.
  We have also worked over the past week with the Senate Armed Services 
Committee to include language in the classified annex to this bill 
concerning the Military Intelligence Program and a military 
construction program authorized for the National Security

[[Page S8613]]

Agency. The Armed Services Committee and the Intelligence Committee 
both exercise jurisdiction over military construction projects with 
intelligence funding; in this instance, the two committees have both 
included authorizations for the High Performance Computing Center II, 
and have jointly agreed to the language included in this annex.
  Finally, Mr. President, I note that while there is no committee 
report or conference report associated with the text that we are 
approving today, the Intelligence Committee issued a report to 
accompany the bill it reported to the Senate in August. As the 
legislation has changed since House passage of its authorization bill 
and consideration today of this amendment, I ask unanimous consent to 
have printed in the Record a section-by-section analysis of the 
legislation so as to provide for the legislative history needed to 
explain the authors' intent and better clarify the effects of the 
provisions included.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       For purposes of the legislative history of the Intelligence 
     Authorization Act for Fiscal Year 2012, the Managers 
     Amendment we will pass today is an amendment in the nature of 
     a substitute to H.R. 1892. In large measure, the legislative 
     text of H.R. 1892 and this Managers Amendment follows the 
     legislative text of S. 1458, reported from the Select 
     Committee on Intelligence on August 1, 2011, Report No. 112-
     43. The Managers Amendment also includes a classified 
     Schedule of Authorizations and annex; this is a modified 
     version of the classified Schedule and annex that were passed 
     by the House of Representatives. They have been made 
     available to the Executive Branch and appropriate 
     congressional committees. The report language in the annex 
     should be understood to represent congressional intent where 
     reference is made to the Committee.

              Section-by-Section Analysis and Explanation


              Title I--Budget and Personnel Authorizations

     Section 101. Authorization of appropriations
       Section 101 lists the United States Government departments, 
     agencies, and other elements for which the Act authorizes 
     appropriations for intelligence and intelligence-related 
     activities for Fiscal Year 2012.
     Section 102. Classified Schedule of Authorizations
       Section 102(a) provides that the details of the amounts 
     authorized to be appropriated for intelligence and 
     intelligence-related activities and the applicable personnel 
     levels for Fiscal Year 2012 are contained in the classified 
     Schedule of Authorizations and that the classified Schedule 
     of Authorizations shall be made available to the Committees 
     on Appropriations of the Senate and House of Representatives 
     and to the President. Section 102(b) provides that the 
     President shall not publicly disclose the classified Schedule 
     except as provided in Section 601(a) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007; to the 
     extent necessary to implement the budget; or as otherwise 
     required by law. Section 102(c) authorizes the Director of 
     the Federal Bureau of Investigation (FBI) to expend funds 
     authorized in the Act for a purpose further described in the 
     classified annex.
     Section 103. Personnel Ceiling Adjustments
       Section 103 is intended to provide additional flexibility 
     to the Director of National Intelligence (DNI) in managing 
     the civilian personnel of the Intelligence Community. Section 
     103(a) provides that the DNI may authorize employment of 
     civilian personnel (expressed as full-time equivalent 
     positions) in Fiscal Year 2012 in excess of the number of 
     authorized full-time equivalent positions by an amount not 
     exceeding 3 percent of the total limit applicable to each IC 
     element under Section 102. The DNI may do so only if 
     necessary to the performance of important intelligence 
     functions.
       Section 103(b) provides additional flexibility when the 
     heads of Intelligence Community elements determine that work 
     currently performed by contract personnel should be performed 
     by government employees. It does so by authorizing the DNI to 
     authorize employment of additional full-time equivalent 
     personnel in a number equal to the number of full-time 
     equivalent contract personnel currently performing that work. 
     Under this section, any exercise of this authority should be 
     implemented in accordance with a plan that includes adequate 
     support for personnel. It is intended that the exercise of 
     this authority should result in an actual reduction of the 
     number of contract personnel and not a shift of resources to 
     hire other contract personnel.
       The DNI must report the decision to allow an Intelligence 
     Community element to exceed the personnel ceiling or to 
     convert contract personnel under Section 103(a) and (b) in 
     advance to the congressional intelligence committees.
       During consideration of the Fiscal Year 2008 request, the 
     congressional intelligence committees learned that practices 
     within different elements of the Intelligence Community on 
     the counting of personnel with respect to legislatively-fixed 
     ceilings were inconsistent, and included not counting certain 
     personnel at all against personnel ceilings. The committees 
     requested that the Intelligence Community Chief Human Capital 
     Officer ensure that by the beginning of Fiscal Year 2010 
     there would be a uniform and accurate method of counting all 
     Intelligence Community employees under a system of personnel 
     levels expressed as full-time equivalents. The committees 
     also expressed their view that the DNI express the personnel 
     levels for civilian employees of the Intelligence Community 
     as full-time equivalent positions in the congressional budget 
     justifications for Fiscal Year 2010. The DNI has done so. In 
     addition, the DNI has issued a policy to ensure a uniform 
     method for counting Intelligence Community employees. 
     Subsection (c) confirms in statute the obligation of the DNI 
     to establish these guidelines.
     Section 104. Intelligence Community Management Account
       Section 104 authorizes appropriations for the Intelligence 
     Community Management Account (ICMA) of the DNI and sets the 
     authorized full-time equivalent personnel levels for the 
     elements within the ICMA for Fiscal Year 2012.
       Subsection (a) authorizes appropriations of $576,393,000 
     for Fiscal Year 2012 for the activities of the ICMA. 
     Subsection (b) authorizes 777 full-time or full-time 
     equivalent personnel for elements within the ICMA for Fiscal 
     Year 2012 and provides that such personnel may be permanent 
     employees of the Office of the Director of National 
     Intelligence (ODNI) or detailed from other elements of the 
     United States Government.
       Subsection (c) authorizes additional appropriations and 
     full-time equivalent personnel for the classified Community 
     Management Account as specified in the classified Schedule of 
     Authorizations and permits the funding for advanced research 
     and development to remain available through September 30, 
     2013.


 Title II--Central Intelligence Agency Retirement and Disability System

     Section 201. Authorization of appropriations
       Section 201 authorizes appropriations in the amount of 
     $514,000,000 for Fiscal Year 2012 for the Central 
     Intelligence Agency (CIA) Retirement and Disability Fund. For 
     Fiscal Year 2011, Congress authorized $292,000,000. While 
     that level was consistent with prior authorizations, it did 
     not fully fund, as prior authorizations had not fully funded, 
     the obligations of the Fund. The Fiscal Year 2012 increase is 
     based on the Administration's determination, which the 
     congressional intelligence committees support, that the 
     obligations of this retirement and disability system should 
     be fully funded.


           Title III--General Intelligence Community Matters

     Section 301. Increase in employee compensation and benefits 
         authorized by law
       Section 301 provides that funds authorized to be 
     appropriated 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 compensation or benefits authorized by law.
     Section 302. Restriction on conduct of intelligence 
         activities
       Section 302 provides that the authorization of 
     appropriations by the Act shall not be deemed to constitute 
     authority for the conduct of any intelligence activity that 
     is not otherwise authorized by the Constitution or laws of 
     the United States.
     Section 303. Annual report on hiring of National Security 
         Education Program participants
       Section 303 requires a report not later than 90 days after 
     the end of the fiscal years 2012, 2013, and 2014, by the head 
     of each element of the Intelligence Community on the number 
     of personnel hired by such element during such fiscal year 
     who were at any time recipients of a grant or scholarship 
     under the David L. Boren National Security Education Act of 
     1991 (50 USC 1901 et seq.). The report may be in classified 
     form.
     Section 304. Enhancement of authority for flexible personnel 
         management among the elements of the intelligence 
         community
       Section 304 adds a subsection to Section 102A of the 
     National Security Act of 1947 to promote the ability to 
     manage all the elements of the Intelligence Community as a 
     single cohesive community. The new Subsection 102A(v) enables 
     the DNI, with the concurrence of the head of the covered 
     department concerned and in coordination with the Director of 
     the Office of Personnel Management (OPM), to convert 
     competitive service positions within an Intelligence 
     Community element of the covered department to excepted 
     positions and to establish new positions in the excepted 
     service within an Intelligence Community element of a covered 
     department. Under Section 304, an incumbent occupying a 
     position on the date of enactment selected to be converted to 
     the excepted service shall have the right to refuse the 
     conversion. Once such individual no longer occupies the 
     position, the position may be converted.
       Because of their unique intelligence, investigative and 
     national security missions, most Intelligence Community 
     elements are in the excepted civil service. However, civilian 
     employees in several smaller Intelligence Community elements 
     are still covered under competitive service rules. The 
     ability to convert those positions to the excepted service

[[Page S8614]]

     will enable the Intelligence Community to maintain a system 
     throughout the Intelligence Community that is responsive to 
     the needs of the Intelligence Community both for secrecy and 
     the ability to quickly respond to personnel requirements. The 
     DNI has requested a similar authority in the past. Under 
     Section 304, the covered departments are the Department of 
     Energy, the Department of Homeland Security, the Department 
     of State, and the Department of the Treasury.
       Although new positions in the excepted service may be 
     created within an element of the Intelligence Community 
     within the covered departments under this authority, the 
     personnel ceilings referred to in Section 102(a) still apply 
     to the number of personnel in an element. It is not intended 
     for this conversion authority to be used to increase the 
     number of full-time equivalent personnel in an intelligence 
     element above the applicable personnel ceilings.
     Section 305. Preparation of nuclear proliferation assessment 
         statements
       As set forth in the Atomic Energy Act, the United States 
     may enter into a Civilian Nuclear Agreement (or ``123 
     Agreement'') with another nation or multinational 
     organization. After negotiating the terms of the 123 
     Agreement, the Administration submits the terms to Congress 
     for review along with a Nuclear Proliferation Assessment 
     Statement (NPAS). Under current law, the NPAS is drafted by 
     the State Department, in consultation with the Director of 
     Central Intelligence; the Act has not been amended to reflect 
     the establishment of the Director of National Intelligence. 
     In multiple reports, the Government Accountability Office has 
     identified various problems with this process, including 
     insufficient time for consultation with the Intelligence 
     Community, a lack of adequate formal interagency guidance for 
     NPAS development, and ambiguity as to whether Intelligence 
     Community comments were fully incorporated into the final 
     NPAS. Section 305 is a modification of Section 305 of S. 1458 
     as reported from the Senate Intelligence Committee and is 
     intended to clarify the role of the DNI and the Intelligence 
     Community in the NPAS process.
       Section 305 amends the National Security Act of 1947 to 
     require the DNI, in consultation with the heads of the 
     appropriate elements of the Intelligence Community and the 
     Secretary of State, to provide an addendum to each NPAS 
     accompanying a civilian nuclear cooperation agreement, 
     containing a comprehensive analysis of the country's export 
     control system with respect to nuclear-related matters. The 
     DNI is to provide the addendum to the President, the 
     congressional intelligence committees and the congressional 
     foreign relations committees.
     Section 306. Cost estimates
       Section 306 amends Section 506A of the National Security 
     Act of 1947 to require that independent cost estimates 
     include all costs associated with a major system acquisition 
     even when a service or capability to deliver end-to-end 
     functionality will be provided by another Intelligence 
     Community agency or element. This additional requirement in 
     the preparation of the independent cost estimate will assist 
     Congress and the Executive Branch in evaluating the full cost 
     of an acquisition, including the costs to process, exploit, 
     disseminate, and store the information such major systems 
     collect. The amendments made by Section 306 become effective 
     180 days after enactment.
     Section 307. Updates of intelligence relating to terrorism 
         recidivism of detainees held at United States Naval 
         Station, Guantanamo Bay, Cuba
       Section 307 provides for a regular unclassified summary of 
     intelligence relating to recidivism of detainees formerly 
     held at Guantanamo Bay to be made public by the DNI. Section 
     334 of the Intelligence Authorization Act for Fiscal Year 
     2010, Public Law 111-259, required the DNI, along with the 
     Director of the CIA and the Director of the Defense 
     Intelligence Agency, to make publicly available, on a one-
     time basis, an unclassified summary that includes the 
     intelligence relating to former Guantanamo detainees. Under 
     Section 319 of the Supplemental Appropriations Act of 2009, 
     Public Law 111-32, the President is required to submit 
     classified quarterly reports to Congress that include 
     classified information about detainees' recidivist 
     activities.
       Section 307 amends the National Security Act of 1947 to 
     require the semiannual updating of the Section 334 report, 
     which is to include an unclassified summary of intelligence 
     relating to recidivism of detainees currently or formerly 
     held at Guantanamo Bay and an assessment of the likelihood 
     that such detainees will engage in terrorism or communicate 
     with persons in terrorist organizations. The initial update 
     shall be made publicly available not later than 10 days after 
     the date that the first report following enactment is 
     submitted to members and committees pursuant to Section 319 
     of the Supplemental Appropriations Act, 2009. The summary 
     will be prepared by the DNI, in consultation with the 
     Director of the CIA and the Director of the Defense 
     Intelligence Agency, and will include the number of confirmed 
     or suspected recidivists.
     Section 308. Notification of transfer of a detainee held at 
         United States Naval Station, Guantanamo Bay, Cuba
       Section 308 requires the President to 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, the following 
     information: (1) the name of the individual to be transferred 
     or released; (2) the country or freely associated state to 
     which the individual is to be transferred; (3) the terms of 
     any agreement with the country or state for the acceptance of 
     such individual, including the amount of any financial 
     assistance related to such agreement; and (4) the agencies or 
     departments of the United States responsible for ensuring the 
     agreement is carried out.
       Section 308 is a modification of Section 306 of S. 1458, 
     which amended similar notification requirements found in 
     Public Law 111-83, 123 Stat. 2178, and Public Law 111-88, 123 
     Stat. 2963. Section 308 requires the notification be at least 
     30 days, rather than 15 days, prior to transfer and requires 
     information be provided concerning what agencies or 
     departments of the United States, if any, are responsible for 
     ensuring any agreement with the receiving country or state is 
     carried out. Nothing in this section is to be construed to 
     supersede or otherwise affect Section 1028 of the National 
     Defense Authorization Act for Fiscal Year 2012 or Section 
     8120 of the Department of Defense Appropriations Act, 2012.
     Section 309. Enhanced procurement authority to manage supply 
         chain risk
       Section 309 authorizes the heads of those elements of the 
     Intelligence Community outside the Department of Defense to 
     take certain procurement actions under certain circumstances 
     to reduce the risk that an adversary may sabotage, 
     maliciously introduce unwanted functions, or otherwise 
     subvert information systems so as to surveil, deny, disrupt 
     or otherwise degrade them. Section 309 is based on Section 
     806 of the Ike Skelton National Defense Authorization Act 
     for Fiscal Year 2011 (Public Law 111-383).
       Section 309(a) defines the following terms: covered agency, 
     covered item of supply, covered procurement, covered 
     procurement action, covered system, and supply chain risk. 
     The definitions of these terms are modifications of the 
     definitions of these terms as found in Section 309 of S. 
     1458, to include specific references to appropriate 
     provisions of existing law.
       Under subsection (b), the head of a covered agency, in 
     consultation with the DNI, is authorized to carry out a 
     covered procurement action and limit the disclosure of 
     information concerning the basis for such action. Covered 
     procurement actions are subject to the conditions in 
     subsection (c), including appropriate consultation with 
     procurement officials within the covered agency and a 
     determination made in writing that the use of the authority 
     is necessary to protect national security. In addition, there 
     must be a determination that less intrusive measures are not 
     reasonably available. Where the head of the covered agency 
     plans to limit disclosure of information relating to the 
     basis for carrying out a covered procurement action, the risk 
     to national security due to disclosing such information must 
     outweigh the risk of not disclosing such information.
       The head of the covered agency must give notice to the 
     congressional intelligence committees of a determination to 
     exercise this authority. Subsection (d) limits delegation of 
     the authority to take a covered procurement action to no 
     lower than the level of the service acquisition executive for 
     the agency concerned. Subsection (e) provides that the 
     authority under the section is in addition to any other 
     authority under any other provision of law. The authority 
     provided in Section 309 is not intended to alter or effect 
     the exercise of any other provision of law, including other 
     procurement authorities available to an intelligence agency 
     head to protect the national security.
       The requirements of Section 309 take effect 180 days after 
     enactment and expire on the date that Section 806 of the Ike 
     Skelton National Defense Authorization Act for Fiscal Year 
     2011 expires, which will occur in January 2014.
     Section 310. Burial allowances
       Section 310 authorizes the head of a department or agency 
     that contains an element of the Intelligence Community to pay 
     a burial allowance to the estate of a civilian officer or 
     employee of such department or agency who dies as the result 
     of hostile or terrorist activities or intelligence activities 
     having a substantial element of risk. The burial allowance is 
     to reimburse the estate for burial expenses, including 
     recovery, mortuary, funeral, or memorial service, cremation, 
     burial costs, and costs of transportation. The amount of the 
     burial allowance is not to be greater than the maximum 
     reimbursable amount available to the uniformed services under 
     Department of Defense Instruction 1344.08 or its successor, 
     now set at $8,800, plus actual transportation costs, and is 
     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 of the classified annex 
     accompanying this Act.
       In addition, Section 310 requires the Director of the OPM, 
     in consultation with the DNI and the Secretaries of Labor and 
     Defense, to submit a report to Congress no later than 180 
     days after enactment on the feasibility of implementing 
     legislation to provide for burial allowances at a level that 
     adequately addresses the cost of burial expenses and provides 
     for equitable treatment when any officer or employee of the 
     federal government dies as the result of an injury sustained 
     in the performance of official duties.
     Section 311. Modification of certain reporting requirements
       The Congress frequently requests information from the 
     Intelligence Community in the

[[Page S8615]]

     form of reports, the contents of which are specifically 
     defined by statute. The reports prepared pursuant to these 
     statutory requirements provide Congress with an invaluable 
     source of information about specific matters of concern.
       Congressional reporting requirements, and particularly 
     recurring reporting requirements, however, can place a 
     significant burden on the resources of the Intelligence 
     Community. The congressional intelligence committees are 
     therefore reconsidering these reporting requirements on a 
     periodic basis to ensure that the reports that have been 
     requested are the best mechanism for the Congress to receive 
     the information it seeks. In some cases, annual reports can 
     be replaced with briefings or notifications that provide the 
     Congress with more timely information and offer the 
     Intelligence Community a direct line of communication to 
     respond to congressional concerns.
       In response to a request from the DNI, the congressional 
     intelligence committees examined a set of recurring reporting 
     requirements nominated by the Intelligence Community. Because 
     the majority of recurring reports provide critical 
     information relevant to challenges facing the Intelligence 
     Community today, Section 311 eliminates or modifies only four 
     statutory reporting requirements, all from past intelligence 
     authorization acts or the Intelligence Reform and Terrorism 
     Prevention Act of 2004.
     Section 312. Review of strategic and competitive analysis 
         conducted by the intelligence community
       Section 312 requires the DNI to 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 following enactment. Within 15 months of enactment, 
     the Director shall submit to the congressional intelligence 
     committees a report on the results of the review and any 
     actions taken by the Director to implement the 
     recommendations, if any, of the 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

     Section 401. Intelligence community assistance to counter 
         drug trafficking organizations using public lands
       Section 401 requires the DNI to 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 international drug 
     trafficking organizations or other drug traffickers that are 
     currently or have previously used public lands in the United 
     States to further their operations. The DNI is to submit a 
     report to the congressional intelligence and judiciary 
     committees within 180 days of enactment on the results of 
     this consultation.
     Section 402. Application of certain financial reporting 
         requirements to the Office of the Director of National 
         Intelligence
       Section 402 provides a limited grace period for the ODNI in 
     meeting the requirements of 31 USC 3515 until Fiscal Year 
     2013. The DNI, in requesting this legislative provision, 
     stated that the grace period will allow time for the 
     implementation of system improvements as well as process 
     changes in the financial management system currently 
     supporting the ODNI. Together these efforts are intended to 
     yield financial statements that meet the prescribed legal and 
     audit standards.
       Although the ODNI, under 31 USC 3515, is required to 
     prepare and submit to the Congress and the Director of the 
     Office of Management and Budget an audited financial 
     statement for the preceding fiscal year by March 1st, Section 
     369 of the Intelligence Authorization Act for Fiscal Year 
     2010, enacted on October 7, 2010, directs the DNI ``to 
     develop a plan and schedule to achieve a full, unqualified 
     audit of each element of the intelligence community not later 
     than September 30, 2013.'' Section 402 will align the 
     statutory requirement for auditability with the plan for 
     achieving auditability set forth in the Fiscal Year 2010 Act.
     Section 403. Public availability of information regarding the 
         Inspector General of the Intelligence Community
       Section 403 requires the DNI to establish and maintain on 
     the publicly accessible ODNI website information relating to 
     the Inspector General for the Intelligence Community 
     including methods to contact the Inspector General. Section 
     403 is based on a similar requirement in Section 8L of the 
     Inspector General Act, as added by the Inspector General 
     Reform Act of 2008, 5 USC App., and is similar to Section 
     413, applicable to the CIA Inspector General. The 
     information about the Inspector General is to be obvious 
     and facilitate access to the Inspector General. Given that 
     most of the Inspector General's reports will be 
     classified, Section 403 does not require that Inspector 
     General reports and audits be posted on the publicly 
     accessible website.
     Section 404. Clarification of Status of Chief Information 
         Officer in the Executive Schedule
       Section 404 amends 5 USC 5315 to establish the salary level 
     of the Chief Information Officer of the Intelligence 
     Community at Level IV of the Executive Schedule, the level of 
     other chief information officers in the federal government 
     with comparable duties and responsibilities. The Chief 
     Information Officer of the Intelligence Community is a 
     position established in Section 103G of the National Security 
     Act, added by Section 303 of Public Law 108-487, the 
     Intelligence Authorization Act for Fiscal Year 2005, and 
     amended by Section 404 of Public Law 111-259, the 
     Intelligence Authorization Act for Fiscal Year 2010.
     Section 405. Temporary appointment to fill vacancies within 
         Office of the Director of National Intelligence
       Section 405 permits the President to make temporary 
     appointments to fill vacancies in offices within the ODNI 
     that require Senate confirmation (except the DNI, for whom by 
     Section 103A(a)(6) of the National Security Act of 1947 the 
     Principal Deputy DNI is next in line) with an individual who 
     serves in another element of the Intelligence Community. A 
     similar provision was requested by the DNI.
       The Vacancies Act (5 USC 3345(a)(1)) provides that upon a 
     vacancy in a Senate-confirmed position (1) the first 
     assistant of the office may begin serving as the acting 
     officer immediately and automatically upon the occurrence of 
     the vacancy; (2) another officer who has already received 
     Senate confirmation may be directed by the President to serve 
     as the acting officer; and (3) certain other senior agency 
     officials may be designated by the President to serve in an 
     acting capacity. Given the relatively small size of the ODNI, 
     the fact that a significant number of the personnel within 
     the ODNI are on detail to the office from other elements of 
     the Intelligence Community, and the fact that positions in 
     the ODNI to which the Vacancy Act applies serve the entire 
     Intelligence Community (such as the Director of the National 
     Counterterrorism Center or the Inspector General for the 
     Intelligence Community), an individual employed within the 
     Intelligence Community but outside the ODNI may be best 
     suited to fill a key leadership position temporarily.
       Section 405 addresses this issue by expanding the 
     President's choice for appointment under the third category 
     of the Vacancies Act to include senior officials from any 
     element of the Intelligence Community. Nothing in Section 401 
     modifies or precludes the utilization of sections 3345(a)(1) 
     or (2) of title 5 to fill vacancies.

                Subtitle B--Central Intelligence Agency

     Section 411. Acceptance of gifts
       Section 411 is a provision that arose out of the CIA's 
     review of benefits available to the survivors of CIA 
     employees killed in the line of duty following the December 
     2009 attack at Khowst, Afghanistan. The CIA concluded that 
     the Director of the CIA did not have the authority under 
     Section 12 of the CIA Act to accept and use gifts for 
     purposes related to the welfare, education and recreation of 
     those survivors. Under current law, the Director of the CIA 
     may ``accept, hold, administer, and use gifts of money, 
     securities and other property whenever the Director 
     determines it would be in the interest of the United States . 
     . . for purposes relating to the general welfare, education, 
     or recreation of employees or dependents of employees of the 
     Agency or for similar purposes. . . .''
       Section 411 amends Section 12 of the CIA Act to authorize 
     the Director (or the Director's designee) both to accept 
     gifts and to use them for the welfare of employees injured in 
     the line of duty without legal concern whether those actions 
     are for the general welfare of the CIA employee population as 
     a whole. It also provides that gifts may be used for the 
     assistance of the family of CIA officers who were injured or 
     who died from hostile or terrorist activities or in 
     connection with other intelligence activities having a 
     substantial element of risk. Gifts for injured employees and 
     their families or survivors are to be accepted by the CIA on 
     behalf of the CIA employees concerned, and not directly by 
     such employees or their family members. The Director is 
     authorized to assign the gifts accepted under the new 
     authority provided by this section to the CIA officers and 
     their surviving family members.
       Section 411 provides that any exercise of authority under 
     Section 12, including the acceptance of gifts to provide for 
     the general welfare, education, or recreation of the CIA 
     employee population as a whole, shall be made according to 
     regulations developed by the Director of the CIA in 
     consultation with the Director of the Office of Government 
     Ethics, consistent with all relevant ethical constraints and 
     principles.
     Section 412. Foreign language proficiency requirements for 
         Central Intelligence Agency officers
       Section 412 makes amendments in Section 104A(g) of the 
     National Security Act of 1947 which imposes foreign language 
     requirements on certain personnel within the CIA. Section 412 
     is intended to tie the need for foreign language skills to 
     officers in occupations where foreign language ability is 
     most important, rather than to specific positions, within the 
     Directorate of Intelligence career service or the National 
     Clandestine Service career service. It is intended to 
     eliminate the need for the Director of the CIA to approve 
     waivers for the promotion, appointment, or transfer of 
     personnel such as attorneys or human resources officers for 
     whom the requirement is not intended to apply. Section 412 
     sets the language proficiency at the objective level of level 
     3 on the Interagency Language Roundtable Language

[[Page S8616]]

     Skills Level or a commensurate proficiency level.
       Section 412 requires the Director of the CIA to provide a 
     report within 45 days of enactment, and three subsequent 
     annual reports, to the congressional intelligence committees 
     on the number of personnel transferred to a Senior 
     Intelligence Service position in the Directorate of 
     Intelligence career service or the National Clandestine 
     career service who did not meet the foreign language 
     requirements of Section 104A(g). Section 412 also makes 
     technical corrections to delete outdated references to the 
     Directorate of Operations.
     Section 413. Public availability of information regarding the 
         Inspector General of the Central Intelligence Agency
       Section 413 requires the Director of the CIA to establish 
     and maintain on the publicly accessible CIA website 
     information relating to the CIA Inspector General including 
     methods to contact the Inspector General. Section 413 is 
     based on a similar requirement in the Inspector General 
     Reform Act, 5 USC App. 8L, and is similar to Section 403. The 
     information about the Inspector General is to be obvious and 
     facilitate access to the Inspector General. Given that most 
     of the Inspector General's reports will be classified, 
     Section 413 does not require that Inspector General reports 
     and audits be posted on the publicly accessible website. 
     Section 413 is based upon a request of the CIA Inspector 
     General.
     Section 414. Creating an official record of the Osama bin 
         Laden operation
       Section 414 makes findings concerning the raid of May 1, 
     2011, that killed terrorist leader Osama bin Laden in his 
     compound in Abbottabad, Pakistan. Section 414 includes a 
     statement of the sense of Congress that the events that 
     transpired before, during, and as a result of the raid be 
     memorialized to allow the United States to have an accurate 
     account of these events in the future. Section 414 requires 
     the Director of the CIA to provide to the congressional 
     intelligence committees the report being prepared by the 
     Center for the Study of Intelligence that documents the 
     history of and lessons learned from the raid not later than 
     90 days after its completion and to preserve any records, 
     including intelligence information and assessments, used to 
     generate this report.
     Section 415. Recruitment of personnel in the Office of the 
         Inspector General
       Section 415 requires the Inspector General of the OPM, in 
     consultation with the Inspector General of the CIA, to 
     conduct a study of the personnel authorities and available 
     personnel benefits of the Office of the Inspector General of 
     the CIA. The study shall include identification of any 
     barriers and disincentives to the recruitment or retention 
     of experienced investigators within the Office of the 
     Inspector General of the CIA. The study shall compare the 
     personnel authorities of the CIA Inspector General with 
     the personnel authorities of other federal Inspectors 
     General, including a comparison of the benefits available 
     to experienced investigators within the offices of other 
     federal Inspectors General with those available to 
     investigators within the Office of the CIA Inspector 
     General. The OPM Inspector General is to submit the report 
     to the congressional intelligence and homeland security 
     committees not later than 120 days after enactment.

                  Subtitle C--National Security Agency

     Section 421. Additional authorities for National Security 
         Agency security personnel
       Section 421 amends Section 11 of the National Security 
     Agency Act of 1959 to authorize NSA security personnel to 
     transport apprehended individuals from NSA premises to the 
     custody of law enforcement officials. Under current law, when 
     NSA security personnel apprehend an individual, they must 
     wait with the individual until local law enforcement 
     personnel arrive to complete the transfer of custody. This 
     can require NSA personnel to wait, frequently for hours, 
     often with the apprehended individual in a security vehicle, 
     for the transfer to local law enforcement. According to the 
     DNI, from 2004 to 2009, on 448 occasions, the apprehension of 
     an individual engaged NSA personnel and transportation 
     resources for over 2 hours.
       Section 421 provides a limited expansion of authority for 
     NSA security personnel to transport apprehended individuals 
     to the custody of local law enforcement within 30 miles of 
     NSA premises. This authority is to be used sparingly by NSA 
     security personnel under a well-established regime of 
     administrative controls and management oversight, and only 
     with prior consent from the accepting jurisdiction.

                       Subtitle D--Other Elements

     Section 431. Codification of Office of Intelligence and 
         Analysis of the Department of Homeland Security as an 
         element of the intelligence community
       Section 431 amends Section 3(4)(K) of the National Security 
     Act of 1947 in order to include the Office of Intelligence 
     and Analysis of the Department of Homeland Security within 
     the term ``intelligence community'' for purposes of the Act. 
     This provides for a more specific reference to the Office of 
     Intelligence and Analysis, in addition to the intelligence 
     element of the Coast Guard, that is part of the Intelligence 
     Community, in the same manner as Congress has done in Section 
     3(4)(I) and (J) for the State and Treasury Department 
     elements of the Intelligence Community.
     Section 432. Federal Bureau of Investigation participation in 
         the Department of Justice leave bank
       Section 432 provides for participation of employees of the 
     FBI in the Department of Justice's Voluntary Leave Bank 
     Program. The Voluntary Leave Bank Program allows federal 
     employees to donate to and to receive donations from a leave 
     ``bank'' to cover absences necessitated by extraordinary 
     medical conditions. Current law does not allow participation 
     by FBI employees in the Department's program, although the 
     FBI is part of the Department. While 5 USC 6372(c) would 
     allow FBI to establish its own voluntary leave bank program, 
     the Director of the FBI has determined that it would be more 
     cost effective and efficient to allow FBI employees to 
     participate in the larger Department of Justice program and 
     has requested a legislative provision to accomplish this 
     objective for the overall benefit of the Bureau and its 
     personnel.
       Under Section 432, the Director is to consider the 
     protection of sources and methods in allowing for 
     participation in the leave bank program. In providing for 
     leave bank opportunities to cover absences necessitated by 
     extraordinary medical conditions, it is intended that the 
     Director consider any impact on operations of the Bureau when 
     making a decision on whether to allow FBI employees to take 
     part in the program.
     Section 433. Accounts and transfer authority for 
         appropriations and other amounts for intelligence 
         elements of the Department of Defense
       Section 433 authorizes the Secretary of Defense to transfer 
     defense appropriations available for the activities of the 
     defense intelligence elements into an account or accounts 
     established for receipt of such funds. These accounts may 
     receive transfers and reimbursement from transactions, 
     authorized by law, between the defense intelligence elements 
     and other entities, and the DNI may also transfer funds into 
     these accounts. Appropriations transferred pursuant to this 
     section shall remain available for the same time period, and 
     for the same purposes, as the appropriations from which funds 
     were transferred. This section is intended to ensure improved 
     auditing of defense intelligence appropriations.
     Section 434. Report on training standards of defense 
         intelligence workforce
       Section 434 requires not later than 180 days after 
     enactment the DNI and the Under Secretary of Defense for 
     Intelligence to submit to the congressional intelligence and 
     armed services committees a report on the training standards 
     of the defense intelligence workforce. The report is to 
     include a description of existing training, education, and 
     professional development standards applied to the personnel 
     of defense intelligence components, and an assessment of the 
     ability to implement a certification program based on 
     achievement of required training, education, and professional 
     development standards.


                         TITLE V--OTHER MATTERS

     Section 501. Report on airspace restrictions for use of 
         unmanned aerial vehicles along the border of the United 
         States and Mexico
       Section 501 requires the Secretary of Homeland Security not 
     later than 90 days after enactment to submit to the 
     congressional intelligence and homeland security committees 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.
     Section 502. Sense of Congress regarding integration of 
         fusion centers
       Section 502 states that it is the sense of Congress that 
     the Secretary of Homeland Security, in consultation with the 
     DNI, 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.
     Section 503. Strategy to counter improvised explosive devices
       Section 503 requires the DNI and the Secretary of Defense 
     to 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. Not later than 120 days 
     after enactment, the DNI and the Secretary of Defense are to 
     submit a report containing the strategy to the congressional 
     intelligence and armed services committees and implement such 
     strategy.
     Section 504. Sense of Congress regarding the priority of 
         railway transportation security
       Section 504 states that it is the sense of Congress that 
     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 of the Department of Homeland 
     Security and included in threat assessment budgets of the 
     Intelligence Community.
     Section 505. Technical amendments to the National Security 
         Act of 1947
       Section 505 updates certain references in sections 3(6), 
     506(b) and 506A of the National Security Act of 1947 from the 
     ``Director of Central Intelligence'' and the ``National 
     Foreign Intelligence Program'' to the ``Director

[[Page S8617]]

     of National Intelligence'' and the ``National Intelligence 
     Program.''
     Section 506. Technical amendments to Title 18, United States 
         Code
       Section 506 updates references in 18 USC 351(a) to the 
     Director and Deputy Director of Central Intelligence and 
     provides that the amended section includes the DNI, the 
     Principal Deputy DNI, and the Director and Deputy Director of 
     the CIA among officials covered by the provision.
     Section 507. Budgetary effects
       Section 507 states that the budget 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.

  Mrs. FEINSTEIN. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Georgia.
  Mr. CHAMBLISS. Mr. President, I rise to join Chairman Feinstein in 
thanking my colleagues for their support of the fiscal year 2012 
Intelligence Authorization Act. Over the past several months, the 
committee has worked hard to resolve the final details of the bill and 
concerns raised by other committees and individual Members. The end 
result of this effort is a solid bill that ensures vigorous 
congressional oversight and provides needed authorities to the 
intelligence community.
  Of course, the vast majority of what the committee authorized is 
classified, so I cannot discuss specifics. I can say that the 
classified annex is designed to improve the operations of the 
intelligence community--from counterterrorism and counterproliferation 
to the wars in Afghanistan and Iraq and everything in between.
  This bill also implements fiscal discipline. Difficult economic times 
demand austerity, but cuts in this bill are specific and targeted to 
eliminate waste while preserving the critical work the intelligence 
community does to protect our country.
  In the unclassified area--and one of great importance to me--we 
reached an agreeable compromise with the Administration that gives the 
committee the information we need about the transfer of Guantanamo Bay 
detainees. As the recidivism rate among former detainees rises over 27 
percent, it is critical that the committee have full insight into the 
transfer and resettlement process. The vast majority of detainees are 
free when they are transferred, and this committee needs to know 
whether the countries charged with monitoring them are capable and 
willing to do so. Several provisions in this bill will help the 
committee do that.
  The bill also addresses concerns from other committees with national 
security interests and from the House. As we go forward, I hope the 
committees of the Senate will do a better job of making sure that 
committees with oversight of national security issues get the 
information they need, without automatic objections based on perceived 
jurisdictional lines. Too often, the intelligence committee includes 
other committees on receipt of reports or other products, but does not 
get the same treatment in return. That's just not good for oversight or 
for fulfilling our responsibility to the American people.
  I am also pleased that we were able to reach reasonable solutions for 
authorities requested by the intelligence community. The bill allows 
for the reimbursement of burial expenses for certain government 
employees who are killed as the result of hostile or terrorist 
activities or die in connection with a risky intelligence activity. In 
these difficult financial times, we worked hard to make sure that the 
provision is in line with benefits for the families of fallen soldiers 
and with the funeral costs generally paid by ordinary Americans. We 
also ensured that individuals in the same agency, like the FBI, are 
entitled to receive the same reimbursement. The bill also refines the 
administration of the CIA's foreign language proficiency requirements 
and allows for more flexible personnel management by the Director of 
National Intelligence.
  I thank Chairman Feinstein for her hard work and leadership in 
getting this bill through the Senate. I also thank the committee staff 
for once again showing their dedication and commitment to protecting 
the national security of this country.
  Mr. REID. Mr. President, I ask unanimous consent that the Feinstein 
substitute amendment, which is at the desk, be agreed to; the bill, as 
amended, be agreed to; the motions to reconsider be laid upon the 
table, with no further intervening action or debate; and any statements 
related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1463) was agreed to.
  The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The amendment was ordered to be engrossed and the bill read a third 
time.
  The bill (H.R. 1892), as amended, was read the third time and passed.

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