112次国会报告代表房屋第1次会议112-197 ====================================================================== 2012财政年度_______ 2011年9月2日的情报授权法案.--致力于委员会of the Whole House on the State of the Union and ordered to be printed _______ Mr. Rogers of Michigan, from the Permanent Select Committee on Intelligence, submitted the following R E P O R T together with MINORITY VIEWS [To accompany H.R. 1892] [Including cost estimate of the Congressional Budget Office] The Permanent Select Committee on Intelligence, to whom was referred the bill (H.R. 1892) to authorize appropriations for fiscal year 2012 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Intelligence Authorization Act for Fiscal Year 2012''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; Table of contents. Sec. 2. Definitions. TITLE I--INTELLIGENCE ACTIVITIES Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. 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. Purpose The purpose of H.R. 1892 is to authorize the intelligence and intelligence-related activities of the United States Government for Fiscal Year 2012 in order to enhance the national security of the United States, to support and assist the armed forces of the United States, and to support the President in the execution of the foreign policy of the United States. The bill also clarifies certain Intelligence Community authorities. Classified Annex and Committee Intent The classified annex to this report includes the classified Schedule of Authorizations and its associated explanatory language. The Committee views the classified annex as an integral part of this legislation. The classified annex contains a thorough discussion of the issues considered by the Committee underlying the funding authorizations found in the classified Schedule of Authorizations. The Committee intends that all intelligence programs discussed in the classified annex to this report be conducted in accordance with the guidance and limitations set forth as associated language therein. The classified Schedule of Authorizations is incorporated directly into this legislation by virtue of section 102 of the bill. The classified annex is available for review by all Members of the House of Representatives, subject to the requirements of clause 13 of rule XXIII of the Rules of the House of Representatives, and rule 14 of the Rules of Procedure for the House Permanent Select Committee on Intelligence. Scope of Committee Review The bill authorizes U.S. intelligence and intelligence- related activities within the jurisdiction of the Committee, including the National Intelligence Program (NIP), and the Military Intelligence Program (MIP). The NIP consists of all activities of the Office of the Director of National Intelligence, as well as those national foreign intelligence, intelligence-related, and/or counterintelligence activities conducted by: (1) the Central Intelligence Agency; (2) the Department of Defense; (3) the Defense Intelligence Agency; (4) the National Security Agency; (5) the National Reconnaissance Office; (6) the National Geospatial-Intelligence Agency; (7) the Departments of the Army, Navy, and Air Force; (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 U.S. Coast Guard; (14) the Department of Homeland Security; and (15) the Drug Enforcement Administration. The Committee has exclusive legislative, authorizing and oversight jurisdiction of these programs. Committee Statement and Views Earlier this year, Congress passed and the President signed into law the Fiscal Year 2011 intelligence authorization bill-- the first intelligence authorization bill with specific funding authorities for our intelligence programs in six years. The bipartisan effort by the Majority and Minority in passing that bill is representative of a new era of oversight by the House Permanent Select Committee on Intelligence. The Fiscal Year 2011 bill was a critical first step towards reasserting the Committee as a force for oversight over the Intelligence Community (IC) and providing the Community with consistent guidance and authorities. The Fiscal Year 2012 bill is a continuation of the Committee's effort to provide consistent oversight and necessary funding to the Intelligence Community in a time of greater financial restraint. The annual intelligence authorization bill funds all U.S. intelligence activities, spanning 16 separate agencies. It provides authorization for critical national security functions, including: CIA personnel and their activities worldwide; tactical intelligence support to combat units in Afghanistan and Iraq; NSA's electronic surveillance and cyber defense; global monitoring of foreign militaries, weapons tests, and arms control treaties, including use of satellites and radars; real-time analysis and reporting on political and economic events, such as current events in the Middle East and in the financial markets; and research and technology to maintain the country's technological edge, including work on code breaking, listening devices, and spy satellites. It is critically important that the FY 2012 bill moves forward to completion. For too many years the intelligence authorization bill negotiations became bogged down in the political infighting and turf battles and were pushed into the next fiscal year. The House succeeded in breaking the log-jam with the passage of the FY 2011 bill by working together in a bipartisan fashion, and the Committee continues to work together on the FY 2012 bill. Passing an FY 2012 bill is critical to our ongoing efforts to restore this Committee's relevance in the community, and even more critical to ensuring our intelligence agencies have the resources and the capabilities they need to keep us safe. Moreover, in today's challenging economic environment, it is even more important that the Committee conducts close oversight and scrutinizes whether every dollar authorized is necessary and is being used as intended by the Congress. This bill is the product of that close oversight and greater accountability for intelligence budgets in the classified annex. Benefits for fallen or injured CIA employees This bill contains important legislative provisions to support CIA employees who may be killed or injured in the line of duty. The necessity of such provisions arose following the horrific bombing attack in Khowst, Afghanistan in December 2009. After that incident, the Agency conducted a review of benefits available to the families of CIA personnel who were killed in the line of duty, as well as benefits available to those who were wounded in the attack. First, the review determined that the Agency was not allowed to grant more than $1,000 to the families of those who were lost, while funeral costs today run well in excess of this amount. The review also uncovered potential legal problems when several private entities offered assistance or gifts for wounded survivors during their recovery. While the Director may accept gifts for the general welfare of employees, current law does not permit individual employees, their dependents or the survivors of those killed to accept such gifts either directly or indirectly via the Director. Additionally, the review found that some activities conducted to benefit the families may be considered ``solicitation'' of a gift and the law was unclear on the issue of solicitation. The Agency pointed out to the Committee that chiefs of the military departments annually solicit service members to benefit the service relief societies. A 2001 Office of Legal Counsel Memorandum further noted that the Departments of State, Treasury, and Commerce regularly solicit gifts from outside entities. The same OLC opinion concluded that many other agencies that have legal authority to accept gifts, like the CIA has, can also solicit gifts under the same authority. OLC's interpretation was based on common practice that evolved well after the CIA provision was enacted and the notion that Congress reenacted a statute without change even in light of longstanding current practice and interpretation. Since the CIA's authority to accept gifts was passed in 1949, the CIA expressed concern that this was well before the practice and interpretation and the corresponding informed actions by Congress, necessitating a clarification in the law. Sections 401, 402 and 403 are intended to address these issues. Section 401 would provide an enhanced burial allowance of up to $15,000 for the families of those killed by hostile or terrorist activities or ``in connection with an intelligence activity having significant risk.'' The upper limit amount of $15,000 is intended to reflect actual costs of conducting a funeral and burial expenses, which CIA has estimated at between $12,000 and $15,000. Section 402 amends existing law giving the Director the authority to accept gifts for the general welfare of employees so that the Director may solicit gifts for the welfare of employees and dependents and also makes survivors of those killed in action part of the group eligible to benefit. This section also amends the Director's authority to accept gifts for the ``general welfare'' of employees to permit the Director to accept gifts for specific employees, dependents of employees and survivors of an employee who was killed by hostile or terrorist activities or ``in connection with an intelligence activity having significant risk.'' Section 403 amends current law to permit individual employees injured in hostile or terrorist activities to accept gifts subject to counterintelligence considerations. Other Provisions This bill requires the Secretary of Homeland Security to 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 U.S.-Mexico border. This provision arises from Committee oversight in Mexico and the Committee's intent is to have clarification about intelligence community equities concerning a larger issue with respect to the use of controls on air space that has caused concerns for several agencies. The bill also requires the Director of National Intelligence to conduct an assessment of intelligence collection efforts and prepare a strategic plan to address collection gaps and provide support to Federal land management agencies. The Committee is concerned that our Nation's public lands are under attack from sophisticated foreign Drug Trafficking Organizations (DTOs) that are using public resources to produce and then distribute large quantities of marijuana and other illegal narcotics domestically and abroad. The Committee is also concerned that the collection and dissemination of intelligence information pertaining to foreign DTOs who may be exploiting our public lands for illegal drug activity has been insufficient. Our goal is that this intelligence collection assessment and strategic plan will assist federal land management agencies in developing strategies to disrupt and dismantle DTOs, and in turn, strengthen our national security. We are about to mark the tenth anniversary of September 11th. It is in large part due to the commitment and diligent efforts of the Intelligence Community that there has not been a successful large-scale attack on the homeland in the past ten years. Now more than ever the congressional intelligence committees need to exercise diligent oversight and consistently pass funding authorities for the Community. Committee Consideration and Rollcall Votes On May 26, 2011, the Committee met in open and closed session and ordered the bill H.R. 1892 favorably reported, as amended. Open Session In open session, the Committee considered the text of the bill H.R. 1892. Chairman Rogers offered an amendment in the nature of a substitute to H.R. 1892. The contents of the amendment in the nature of a substitute are described in the Section-by-Section analysis and the Explanation of Amendment. Chairman Rogers offered an amendment to the amendment in the nature of a substitute that would amend section 402 to require the Director of the CIA to issue regulations to carry out the authority to solicit gifts under this provision. The regulations would ensure that any solicitation is consistent with all relevant ethical constraints and principles, including the avoidance of any prohibited conflict of interest of appearance of impropriety. The amendment was agreed to by voice vote. Mr. Thompson offered an amendment to the amendment in the nature of a substitute to require the CIA Director in consultation with other agencies to create and submit to the intelligence committees a report that includes a description of the events concerning the Osama bin Laden operation. The amendment was agreed to by voice vote. Mr. Schiff offered an amendment to the amendment in the nature of a substitute that requires a report from the Director of National Intelligence and the Under Secretary of Defense on training standards of the defense intelligence workforce. The amendment was agreed to by voice vote. Mr. Ruppersberger offered an amendment to the amendment in the nature of a substitute that would provide the Secretary of Defense with the authority to transfer appropriations of the Department of Defense for intelligence and intelligence-related activities and communications into an account. The amendment was withdrawn. The amendment in the nature of a substitute as amended was agreed to by voice vote. Closed Session Mr. Ruppersberger then moved to close the meeting because national security would be endangered if the matters to be considered were disclosed. The motion was agreed to by a record vote of 16 ayes to 0 noes: Voting aye: Mr. Rogers (Chairman), Mrs. Myrick, Mr. Miller, Mr. Conaway, Mr. King, Mr. LoBiondo, Mr. Nunes, Mr. Rooney, Mr. Heck, Mr. Ruppersberger, Mr. Thompson, Ms. Schakowsky, Mr. Langevin, Mr. Schiff, Mr. Boren, Mr. Chandler. Voting no: none. After debate, no amendments were offered to the classified Schedule of Authorizations. The Committee then adopted the classified Schedule of Authorizations by voice vote. Open Session By unanimous consent, the Committee returned to open session. The Committee then adopted a motion by the Chairman to favorably report the bill H.R. 1892 to the House, as amended, including by reference the classified schedule of authorizations. The motion was agreed to by voice vote. Section-by-Section Analysis and Explanation of the Amendment Section 1--Short title and table of contents Section 1 contains the short title for the bill and the Table of Contents. Section 2--Definitions Section 2 contains definitions of the terms ``congressional intelligence committees'' and ``intelligence community.'' Title I--Budget and Personnel Authorizations Section 101--Authorization of appropriations Section 101 of the bill authorizes appropriations for the intelligence and intelligence-related activities of these elements of the United States Government: The Office of the Director of National Intelligence (including the National Counterterrorism Center), the Central Intelligence Agency, the Department of Defense, the Defense Intelligence Agency, the National Security Agency, the Departments of the Army, Navy and Air Force, the Coast Guard, the Department of State, the Department of the Treasury, the Department of Energy, the Department of Justice, the Federal Bureau of Investigation, the Drug Enforcement Administration, the National Reconnaissance Office, the National Geospatial Intelligence Agency, and the Department of Homeland Security. Section 102--Classified Schedule of Authorizations Section 102 provides that the amounts and personnel ceilings authorized under Section 101 shall be specified in the accompanying classified Schedule of Authorizations, which shall be made available to the Committee on Appropriations and to the President. Section 103--Intelligence Community Management Account Section 103 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 2011. Section 103 also authorizes additional classified appropriations and personnel levels for the Community Management Account as specified in the classified Schedule of Authorizations and permits funding for advanced research and development to remain available through September 30, 2012. Title II--Central Intelligence Agency Retirement and Disability System Section 201--Authorization of appropriations Section 201 authorizes $514,000,000 for the Central Intelligence Agency Retirement and Disability System (CIARDS). Title III--General Intelligence Community Matters Section 301--Increase in employee compensation and benefits authorized by law Section 301 provides that the authorized amounts 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 this Act does not constitute authority for the conduct of any intelligence activity 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 the heads of each element of the Intelligence Community to submit a report to the congressional intelligence committees within 90 days of enactment containing the number of personnel hired during that year that were at any time a recipient of a grant or scholarship under the David L. Boren National Security Education Act of 1991. Title IV--Matters Relating to Elements of the Intelligence Community Subtitle A--Central Intelligence Agency Section 401--Burial allowance Section 401 amends the Central Intelligence Agency Act of 1949 to permit the Agency to pay burial allowances to the estate of an officer or employee who dies as a result of hostile or terrorist activities or in connection with an intelligence activity having a substantial element of risk. The amount paid under this section may be up to $15,000 plus the actual costs of transportation by common carrier to the place selected for final disposition of the deceased. Section 401 provides that this amount would be in addition to any other benefit that may be due under any other provision of law. Section 401 also allows the Director to annually increase the $15,000 maximum amount to reflect any increase in the consumer price index occurring in the preceding year. This section would also allow the Director to pay the burial benefit more than once for funeral, memorial or burial expenses stemming from a single death where the remains of such officer were not recovered, were recovered after considerable delay or were not recovered intact. Section 402--Solicitation of gifts Section 402 amends the Central Intelligence Agency Act of 1949 to permit the Director to solicit (in addition to accept) certain gifts after determining such acceptance or solicitation would be in the best interests of the United States. Section 402 would also modify the section to clarify that the Director could solicit and accept gifts for the welfare of individual employees or survivors of deceased employees of the Agency whose death resulted from hostile or terrorist activities or incurred in connection with an intelligence activity having a substantial element of risk. Section 402 also requires regulations that would 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. Section 403--Acceptance of gifts, devises, and bequests Section 403 amends the Central Intelligence Agency Act of 1949 to permit a covered employee to accept gifts individually from a source other than a foreign government or agent of a foreign government. A covered employee is one who has been injured or suffers illness resulting from hostile or terrorist activities or in connection with an intelligence activity having a substantial element of risk. Section 403 also requires the Director to issue controlling regulations that address potential counterintelligence concerns. Section 404--Creating an official record of the Osama bin Laden operation Section 404 requires 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. This section also requires the Director of the CIA to preserve any records used to generate such report. Subtitle B--Other Elements Section 411--Codification of Office of Intelligence and Analysis of the Department of Homeland Security as element of the Intelligence Community Section 411 amends the National Security Act of 1947 to clarify that the Office of Intelligence and Analysis of the Department of Homeland Security is part of the Intelligence Community, rather than the Department as a whole. Section 412--Report and strategic plan on drug trafficking organizations and impact on public lands Section 412 requires the Director of National Intelligence to submit to the congressional intelligence committees a report on intelligence collection efforts to assess the threat that drug trafficking organizations or actors that are using or have used public lands in the U.S. to further their operations, and detailing efforts to protect public lands in the U.S. from illegal grows. Section 413--Report on training standards of defense intelligence workforce Section 413 requires the Director of National Intelligence and the Under Secretary of Defense for Intelligence to submit to the intelligence and armed services committees a report on the training standards of the defense intelligence workforce. The report would include a description of existing standards, an assessment of the ability to implement a certification program based on achievement of required training by personnel. 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 to 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. Oversight Findings and Recommendations With respect to clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee held multiple hearings on the classified budgetary issues raised by H.R. 1892. The bill, as reported by the Committee, reflects conclusions reached by the Committee in light of this oversight activity. General Performance Goals and Objectives In accordance with clause 3(c) of House rule XIII, the Committee's performance goals and objectives are reflected in the descriptive portions of this report. Unfunded Mandate Statement Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104-4) requires a statement of whether the provisions of the reported bill include unfunded mandates. In compliance with this requirement, the Committee has received a letter from the Congressional Budget Office included herein. Statement on Congressional Earmarks Pursuant to clause 9 of rule XXI of the Rules of the House of Representatives, the Committee states that the bill as reported contains no congressional earmarks, limited tax benefits, or limited tariff benefits. Budget Authority and Congressional Budget Office Cost Estimate With respect to the requirements of clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974 and with respect to requirements of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for H.R. 1892 from the Director of the Congressional Budget Office: U.S. Congress, Congressional Budget Office, Washington, DC, June 22, 2011. Hon. Mike Rogers, Chairman, Permanent Select Committee on Intelligence, House of Representatives, Washington, DC. Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1892, the Intelligence Authorization Act for Fiscal Year 2012. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Jason Wheelock. Sincerely, Douglas W. Elmendorf. Enclosure. H.R. 1892--Intelligence Authorization Act for Fiscal Year 2012 Summary: H.R. 1892 would authorize appropriations for fiscal year 2012 for intelligence activities of the U.S. government, for the Intelligence Community Management Account (ICMA), and for the Central Intelligence Agency Retirement and Disability System (CIARDS). Since CBO does not provide estimates for classified programs, this estimate addresses only the unclassified portions of the bill. In addition, CBO cannot provide estimates for certain provisions in the unclassified portion of the bill because they concern classified intelligence programs. On that limited basis, and assuming appropriation of the authorized amounts, CBO estimates that implementing H.R. 1892 would cost $585 million over the 2012-2016 period. Pay-as-you-go procedures apply because enacting the legislation would affect direct spending; however, CBO estimates that those effects would be insignificant. Enacting H.R. 1892 would not affect revenues. H.R. 1892 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would impose no costs on state, local, or tribal governments. Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1892 is shown in the following table. The costs of this legislation fall within budget function 050 (national defense). ---------------------------------------------------------------------------------------------------------------- By fiscal year, in millions of dollars-- --------------------------------------------- 2012 2013 2014 2015 2016 2012-2016 ---------------------------------------------------------------------------------------------------------------- CHANGES IN SPENDING SUBJECT TO APPROPRIATION Authorization Level............................................... 590 * * * * 590 Estimated Outlays................................................. 384 136 47 12 6 585 ---------------------------------------------------------------------------------------------------------------- Note: * = less than $500,000. Basis of Estimate Spending subject to appropriation: For this estimate, CBO assumes that the legislation will be enacted near the end of fiscal year 2011. Section 103 would authorize the appropriation of $590 million for the ICMA, which provides the principal source of funding for the Office of the Director of National Intelligence and resources for coordinating programs, overseeing budgets, and managing the intelligence agencies. CBO estimates that implementing this provision would cost $585 million over the 2012-2016 period, assuming appropriation of specified amounts. Section 401 would authorize the Director of the Central Intelligence Agency (CIA) to pay burial allowances to the estates of employees who are killed in the line of duty. The allowance would cover burial expenses along with the costs of transporting deceased employees to their burial sites. The bill would permit payments up to $15,000 for such purposes, but would allow for multiple payments to be made in certain instances. Based on press releases by the CIA on the number of personnel killed in the line of duty, CBO estimates that implementing this provision would cost less than $500,000 over the 2012-2016 period, assuming availability of the necessary amounts. Direct spending: Section 201 would authorize the appropriation of $514 million to the Central Intelligence Agency Retirement and Disability System. CIARDS is a retirement and disability system for certain employees of the CIA, and the appropriation covers various unfunded liabilities of the system. The appropriation to CIARDS is considered mandatory, and the authorization under this bill would be the same as the amount assumed in the CBO baseline. Thus, this estimate does not ascribe any additional cost to that provision. Section 402 would amend the CIA's authority to accept gifts on behalf of its employees. The bill would amend that authority to permit the Director of the CIA to solicit such gifts, and to accept gifts on behalf of survivors of deceased members of the CIA who are killed in the line of duty. This provision could increase receipts to the government; however, the Director has the authority to spend such receipts. Because the Director also has the authority to invest gifts of cash or the proceeds from gifts of securities or property in U.S. government securities, this provision would result in additional interest being available for spending. Although the payment of interest from the U.S. Treasury to the CIA's gift fund would be an intergovernmental transfer, the outlays that would result from that transfer would constitute direct spending. However, CBO anticipates that the additional amounts invested by the CIA, and thus any additional interest, would be minimal. Pay-as-you-go considerations: Enacting the bill would have an insignificant effect on direct spending. The bill would not affect revenues. Intergovernmental and private-sector impact: H.R. 1892 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on state, local, or tribal governments. Estimate prepared by: Federal Costs: Jason Wheelock; Impact on State, Local, and Tribal Governments: J'nell Blanco; Impact on the Private Sector: Elizabeth Bass. Estimate approved by: Theresa Gullo, Deputy Assistant Director for Budget Analysis. Changes in Existing Law Made by the Bill, as Reported In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman): NATIONAL SECURITY ACT OF 1947 SHORT TITLE That this Act may be cited as the ``National Security Act of 1947''. * * * * * * * TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE * * * * * * * Subtitle C--Additional Education Provisions * * * * * * * Sec. 1025. Annual report on hiring of National Security Education Program participants. * * * * * * * DEFINITIONS Sec. 3. As used in this Act: (1) * * * * * * * * * * (4) The term ``intelligence community'' includes the following: (A) * * * * * * * * * * [(K) The elements of the Department of Homeland Security concerned with the analysis of intelligence information.] (K) The Office of Intelligence and Analysis of the Department of Homeland Security. * * * * * * * TITLE X--EDUCATION IN SUPPORT OF NATIONAL INTELLIGENCE * * * * * * * Subtitle C--Additional Education Provisions * * * * * * * 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.). * * * * * * * ---------- CENTRAL INTELLIGENCE AGENCY ACT OF 1949 * * * * * * * AUTHORITY TO PAY DEATH GRATUITIES AND BURIAL ALLOWANCE Sec. 11. (a) * * * * * * * * * * (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. AUTHORITY TO ACCEPT GIFTS, DEVISES, AND BEQUESTS Sec. 12. (a)[ Subject](1) Subject to the provisions of this section, the Director [may accept] may solicit, accept, hold, administer, and use gifts of money, securities, or other property whenever the Director determines it would be in the interest of the United States to do so. Any gift accepted under this section (and any income produced by any such gift) may be used only for artistic display or for purposes relating to the [general] welfare, education, or recreation of [employees or dependents of employees of the Agency] 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) or for similar purposes, and under no circumstances may such a gift (or any income produced by any such gift) be used for operational purposes. The Director may not accept any gift under this section which is expressly conditioned upon any expenditure not to be met from the gift itself or from income produced by the gift unless such expenditure has been authorized by law. (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. * * * * * * * (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). * * * * * * * MINORITY VIEWS As members of the Intelligence Committee, it is our responsibility to ensure that the men and women serving in the Intelligence Community (IC) have the resources, tools, and authorities they need to protect America. The operation that killed Osama bin Laden demonstrated the best of what the Intelligence Community can provide our nation. Even with this major blow against Al Qaeda, America still faces a determined enemy. We must remain vigilant and continue the pressure against Al Qaeda and its affiliates. One of the ways this Committee supports the IC in its counterterrorism efforts is by passing a budget that provides a blueprint for intelligence funding. If this bill is enacted into law, this will mark the third straight year that an Intelligence Authorization Act has been signed by the President. This bill represents a bipartisan effort to remove politics out of oversight of intelligence. Provisions offered by minority members were accepted as part of the Chairman's mark and other amendments were adopted unanimously by the Committee. Included among these: A provision that would require creating an official record of the bin Laden operation; A report on training standards for the defense intelligence workforce; A report on intelligence collection gaps on drug trafficking organizations use of U.S. public lands; and A report on the number of David L. Boren scholarship winners hired by the Intelligence Community. These bipartisan efforts led to a bill that all members of the Committee supported. We believe we must be fiscally responsible and make reductions in programs that are redundant or don't fulfill the mission of the organization while building up programs and personnel that are working. However, there are cuts within the classified annex to critical national security programs that the Minority wishes would be removed in order to authorize all the funding the President requested in those areas. In fact, the Minority was able to convince the Majority to restore half of the funding to two programs where funding had been targeted to be cut completely. Our hope is we can work out these differences during Conference with the Senate. Despite these concerns about specific programs, we believe this bill is an important product that enhances the oversight of intelligence. C.A. Dutch Ruppersberger. Mike Thompson. Jan Schakowsky. Jim Langevin. Adam Schiff. Dan Boren. Luis Gutierrez. Ben Chandler.