Text: H.R.1892 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-87 (01/03/2012)

 
[112th Congress Public Law 87]
[From the U.S. Government Printing Office]



[[Page 1875]]

           INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012

[[Page 125 STAT. 1876]]

Public Law 112-87
112th Congress

                                 An Act


 
 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. <<NOTE: Jan. 
                        3, 2012 -  [H.R. 1892]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Intelligence 
Authorization Act for Fiscal Year 2012.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                      TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
           law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Annual report on hiring of National Security Education Program 
           participants.
Sec. 304. Enhancement of authority for flexible personnel management 
           among the elements of the intelligence community.
Sec. 305. Preparation of nuclear proliferation assessment statements.
Sec. 306. Cost estimates.
Sec. 307. Updates of intelligence relating to terrorist recidivism of 
           detainees held at United States Naval Station, Guantanamo 
           Bay, Cuba.
Sec. 308. Notification of transfer of a detainee held at United States 
           Naval Station, Guantanamo Bay, Cuba.
Sec. 309. Enhanced procurement authority to manage supply chain risk.
Sec. 310. Burial allowance.
Sec. 311. Modification of certain reporting requirements.
Sec. 312. Review of strategic and competitive analysis conducted by the 
           intelligence community.

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

       Subtitle A--Office of the Director of National Intelligence

Sec. 401. Intelligence community assistance to counter drug trafficking 
           organizations using public lands.

[[Page 125 STAT. 1877]]

Sec. 402. Application of certain financial reporting requirements to the 
           Office of the Director of National Intelligence.
Sec. 403. Public availability of information regarding the Inspector 
           General of the Intelligence Community.
Sec. 404. Clarification of status of Chief Information Officer in the 
           Executive Schedule.
Sec. 405. Temporary appointment to fill vacancies within Office of the 
           Director of National Intelligence.

                 Subtitle B--Central Intelligence Agency

Sec. 411. Acceptance of gifts.
Sec. 412. Foreign language proficiency requirements for Central 
           Intelligence Agency officers.
Sec. 413. Public availability of information regarding the Inspector 
           General of the Central Intelligence Agency.
Sec. 414. Creating an official record of the Osama bin Laden operation.
Sec. 415. Recruitment of personnel in the Office of the Inspector 
           General.

                  Subtitle C--National Security Agency

Sec. 421. Additional authorities for National Security Agency security 
           personnel.

                       Subtitle D--Other Elements

Sec. 431. Codification of Office of Intelligence and Analysis of the 
           Department of Homeland Security as element of the 
           intelligence community.
Sec. 432. Federal Bureau of Investigation participation in the 
           Department of Justice leave bank.
Sec. 433. Accounts and transfer authority for appropriations and other 
           amounts for intelligence elements of the Department of 
           Defense.
Sec. 434. Report on training standards of defense intelligence 
           workforce.

                         TITLE V--OTHER MATTERS

Sec. 501. Report on airspace restrictions for use of unmanned aerial 
           vehicles along the border of the United States and Mexico.
Sec. 502. Sense of Congress regarding integration of fusion centers.
Sec. 503. Strategy to counter improvised explosive devices.
Sec. 504. Sense of Congress regarding the priority of railway 
           transportation security.
Sec. 505. Technical amendments to the National Security Act of 1947.
Sec. 506. Technical amendments to title 18, United States Code.
Sec. 507. Budgetary effects.

SEC. 2. <<NOTE: 50 USC 401a note.>> 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.

[[Page 125 STAT. 1878]]

            (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 <<NOTE: President.>> on disclosure.--The 
        President shall not publicly disclose the classified Schedule of 
        Authorizations or any portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 415c);
                    (B) to the extent necessary to implement the budget; 
                or
                    (C) as otherwise required by law.

    (c) Use of Funds for Certain Activities in the Classified Annex.--In 
addition to any other purpose authorized by law, the Director of the 
Federal Bureau of Investigation may expend funds authorized in this Act 
as specified in the Federal Bureau of Investigation Policy 
Implementation section of the classified annex accompanying this Act.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority <<NOTE: Determination.>>  for Increases.--The Director 
of National Intelligence may authorize the employment of civilian 
personnel in excess of the number of full-time equivalent positions for 
fiscal year 2012 authorized by the classified Schedule of Authorizations 
referred to in section 102(a) if the Director of National Intelligence 
determines that such action is necessary for the performance of

[[Page 125 STAT. 1879]]

important intelligence functions, except that the number of personnel 
employed in excess of the number authorized under such section may not, 
for any element of the intelligence community, exceed 3 percent of the 
number of civilian personnel authorized under such section for such 
element.

    (b) Authority for Conversion of Activities Performed by Contract 
Personnel.--
            (1) In general.--In addition to the authority in subsection 
        (a) and subject to paragraph (2), if the head of an element of 
        the intelligence community makes a determination that activities 
        currently being performed by contract personnel should be 
        performed by employees of such element, the Director of National 
        Intelligence, in order to reduce a comparable number of contract 
        personnel, may authorize for that purpose employment of 
        additional full-time equivalent personnel in such element equal 
        to the number of full-time equivalent contract personnel 
        performing such activities.
            (2) Concurrence and approval.--The authority described in 
        paragraph (1) may not be exercised unless the Director of 
        National Intelligence concurs with the determination described 
        in such paragraph.

    (c) Treatment <<NOTE: Guidelines.>>  of Certain Personnel.--The 
Director of National Intelligence shall establish guidelines that 
govern, for each element of the intelligence community, the treatment 
under the personnel levels authorized under section 102(a), including 
any exemption from such personnel levels, of employment or assignment--
            (1) in a student program, trainee program, or similar 
        program;
            (2) in a reserve corps or as a reemployed annuitant; or
            (3) in details, joint duty, or long-term, full-time 
        training.

    (d) Notice <<NOTE: Deadline.>>  to Congressional Intelligence 
Committees.--The Director of National Intelligence shall notify the 
congressional intelligence committees in writing at least 15 days prior 
to the initial exercise of an authority described in subsection (a) or 
(b).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2012 the sum of 
$576,393,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2013.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 777 full-time or full-time equivalent 
personnel as of September 30, 2012. Personnel serving in such elements 
may be permanent employees of the Office of the Director of National 
Intelligence or personnel detailed from other elements of the United 
States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated for the Intelligence Community 
        Management Account by subsection (a), there are authorized to be 
        appropriated for the Community Management Account for fiscal 
        year 2012 such additional amounts as are

[[Page 125 STAT. 1880]]

        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts for advanced 
        research and development shall remain available until September 
        30, 2013.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2012, there are authorized such additional personnel for the 
        Community Management Account as of that date as are specified in 
        the classified Schedule of Authorizations referred to in section 
        102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2012 the sum of 
$514,000,000.

                      TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                        AUTHORIZED BY LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of the 
United States.
SEC. 303. ANNUAL REPORT ON HIRING OF NATIONAL SECURITY EDUCATION 
                        PROGRAM PARTICIPANTS.

    Not later than 90 days after the end of each of fiscal years 2012, 
2013, and 2014, the head of each element of the intelligence community 
shall submit to the congressional intelligence committees a report, 
which may be in classified form, containing the number of personnel 
hired by such element during such fiscal year that were at any time a 
recipient of a grant or scholarship under the David L. Boren National 
Security Education Act of 1991 (50 U.S.C. 1901 et seq.).
SEC. 304. ENHANCEMENT OF AUTHORITY FOR FLEXIBLE PERSONNEL 
                        MANAGEMENT AMONG THE ELEMENTS OF THE 
                        INTELLIGENCE COMMUNITY.

    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1) 
is amended by adding at the end the following new subsection:

[[Page 125 STAT. 1881]]

    ``(v) Authority To Establish Positions in Excepted Service.--(1) The 
Director of National Intelligence, with the concurrence of the head of 
the covered department concerned and in consultation with the Director 
of the Office of Personnel Management, may--
            ``(A) convert competitive service positions, and the 
        incumbents of such positions, within an element of the 
        intelligence community in such department, to excepted service 
        positions as the Director of National Intelligence determines 
        necessary to carry out the intelligence functions of such 
        element; and
            ``(B) establish new positions in the excepted service within 
        an element of the intelligence community in such department, if 
        the Director of National Intelligence determines such positions 
        are necessary to carry out the intelligence functions of such 
        element.

    ``(2) An incumbent occupying a position on the date of the enactment 
of the Intelligence Authorization Act for Fiscal Year 2012 selected to 
be converted to the excepted service under this section shall have the 
right to refuse such conversion. Once such individual no longer occupies 
the position, the position may be converted to the excepted service.
    ``(3) In this subsection, the term `covered department' means the 
Department of Energy, the Department of Homeland Security, the 
Department of State, or the Department of the Treasury.''.
SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION ASSESSMENT 
                        STATEMENTS.

    Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1), 
as amended by section 304 of this Act, is further amended by adding at 
the end the following new subsection:
    ``(w) Nuclear Proliferation Assessment Statements Intelligence 
Community Addendum.--The Director of National Intelligence, in 
consultation with the heads of the appropriate elements of the 
intelligence community and the Secretary of State, shall provide to the 
President, the congressional intelligence committees, the Committee on 
Foreign Affairs of the House of Representatives, and the Committee on 
Foreign Relations of the Senate an addendum to each Nuclear 
Proliferation Assessment Statement accompanying a civilian nuclear 
cooperation agreement, containing a comprehensive analysis of the 
country's export control system with respect to nuclear-related matters, 
including interactions with other countries of proliferation concern and 
the actual or suspected nuclear, dual-use, or missile-related transfers 
to such countries.''.
SEC. 306. COST ESTIMATES.

    (a) In General.--Section 506A of the National Security Act of 1947 
(50 U.S.C. 415a-1) is amended--
            (1) in subsection (a)(2)--
                    (A) by inserting ``(A)'' after ``(2)''; and
                    (B) by adding at the end the following new 
                subparagraph:

    ``(B) For major system acquisitions requiring a service or 
capability from another acquisition or program to deliver the end-to-end 
functionality for the intelligence community end users, independent cost 
estimates shall include, to the maximum extent practicable, all 
estimated costs across all pertinent elements of the intelligence 
community. For collection programs, such cost estimates shall include 
the cost of new analyst training, new hardware and

[[Page 125 STAT. 1882]]

software for data exploitation and analysis, and any unique or 
additional costs for data processing, storing, and power, space, and 
cooling across the life cycle of the program. If such costs for 
processing, exploitation, dissemination, and storage are scheduled to be 
executed in other elements of the intelligence community, the 
independent cost estimate shall identify and annotate such costs for 
such other elements accordingly.''; and
            (2) in subsection (e)(2)--
                    (A) by inserting ``(A)'' after ``(2)'';
                    (B) in subparagraph (A), as so designated, by 
                striking ``associated with the acquisition of a major 
                system,'' and inserting ``associated with the 
                development, acquisition, procurement, operation, and 
                sustainment of a major system across its proposed life 
                cycle,''; and
                    (C) by adding at the end the following:
            ``(B) In accordance with subsection (a)(2)(B), each 
        independent cost estimate shall include all costs required 
        across elements of the intelligence community to develop, 
        acquire, procure, operate, and sustain the system to provide the 
        end-to-end intelligence functionality of the system, including--
                    ``(i) for collection programs, the cost of new 
                analyst training, new hardware and software for data 
                exploitation and analysis, and any unique or additional 
                costs for data processing, storing, and power, space, 
                and cooling across the life cycle of the program; and
                    ``(ii) costs for processing, exploitation, 
                dissemination, and storage scheduled to be executed in 
                other elements of the intelligence community.''.

    (b) Effective <<NOTE: 50 USC 415a-1 note.>>  Date.--The amendments 
made by this section shall take effect on the date that is 180 days 
after the date of the enactment of this Act.
SEC. 307. UPDATES OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM 
                        OF DETAINEES HELD AT UNITED STATES NAVAL 
                        STATION, GUANTANAMO BAY, CUBA.

    (a) Updates and Consolidation of Language.--
            (1) In general.--Title V of the National Security Act of 
        1947 (50 U.S.C. 413 et seq.) is amended by inserting after 
        section 506H the following new section:


``summary of intelligence relating to terrorist recidivism of detainees 
        held at united states naval station, guantanamo bay, cuba


    ``Sec. <<NOTE: Public information. 50 USC 415a-11.>> 506I.  (a) In 
General.--The Director of National Intelligence, in consultation with 
the Director of the Central Intelligence Agency and the Director of the 
Defense Intelligence Agency, shall make publicly available an 
unclassified summary of--
            ``(1) intelligence relating to recidivism of detainees 
        currently or formerly held at the Naval Detention Facility at 
        Guantanamo Bay, Cuba, by the Department of Defense; and
            ``(2) an assessment of the likelihood that such detainees 
        will engage in terrorism or communicate with persons in 
        terrorist organizations.

    ``(b) Updates.--Not <<NOTE: Deadlines.>>  less frequently than once 
every 6 months, the Director of National Intelligence, in consultation 
with the Director of the Central Intelligence Agency and the Secretary 
of Defense, shall update and make publicly available an unclassified

[[Page 125 STAT. 1883]]

summary consisting of the information required by subsection (a) and the 
number of individuals formerly detained at Naval Station, Guantanamo 
Bay, Cuba, who are confirmed or suspected of returning to terrorist 
activities after release or transfer from such Naval Station.''.
            (2) Initial <<NOTE: 50 USC 415a-11 note.>>  update.--The 
        initial update required by section 506I(b) of such Act, as added 
        by paragraph (1) of this subsection, shall be made publicly 
        available not later than 10 days after the date the first report 
        following the date of the enactment of the Intelligence 
        Authorization Act for Fiscal Year 2012 is submitted to members 
        and committees of Congress pursuant to section 319 of the 
        Supplemental Appropriations Act, 2009 (Public Law 111-32; 10 
        U.S.C. 801 note).

    (b) Table of Contents Amendment.--The table of contents in the first 
section of the National Security Act of 1947 is amended by inserting 
after the item relating to section 506H the following new item:

``Sec. 506I. Summary of intelligence relating to terrorist recidivism of 
           detainees held at United States Naval Station, Guantanamo 
           Bay, Cuba.''.

SEC. 308. <<NOTE: 10 USC 801 note.>> NOTIFICATION OF TRANSFER OF A 
                        DETAINEE HELD AT UNITED STATES NAVAL 
                        STATION, GUANTANAMO BAY, CUBA.

    (a) Requirement <<NOTE: President. Classified 
information. Deadline.>>  for Notification.--The President shall submit 
to Congress, in classified form, at least 30 days prior to the transfer 
or release of an individual detained at Naval Station, Guantanamo Bay, 
Cuba, as of June 24, 2009, to the country of such individual's 
nationality or last habitual residence or to any other foreign country 
or to a freely associated State the following information:
            (1) The name of the individual to be transferred or 
        released.
            (2) The country or the freely associated State to which such 
        individual is to be transferred or released.
            (3) The terms of any agreement with the country or the 
        freely associated State for the acceptance of such individual, 
        including the amount of any financial assistance related to such 
        agreement.
            (4) The agencies or departments of the United States 
        responsible for ensuring that the agreement described in 
        paragraph (3) is carried out.

    (b) Definition.--In this section, the term ``freely associated 
States'' means the Federated States of Micronesia, the Republic of the 
Marshall Islands, and the Republic of Palau.
    (c) Construction With Other Requirements.--Nothing in this section 
shall be construed to supersede or otherwise affect the following 
provisions of law:
            (1) Section 1028 of the National Defense Authorization Act 
        for Fiscal Year 2012.
            (2) Section 8120 of the Department of Defense Appropriations 
        Act, 2012.
SEC. 309. <<NOTE: 50 USC 403-2 note.>> ENHANCED PROCUREMENT 
                        AUTHORITY TO MANAGE SUPPLY CHAIN RISK.

    (a) Definitions.--In this section:
            (1) Covered agency.--The term ``covered agency'' means any 
        element of the intelligence community other than an element 
        within the Department of Defense.

[[Page 125 STAT. 1884]]

            (2) Covered item of supply.--The term ``covered item of 
        supply'' means an item of information technology (as that term 
        is defined in section 11101 of title 40, United States Code) 
        that is purchased for inclusion in a covered system, and the 
        loss of integrity of which could result in a supply chain risk 
        for a covered system.
            (3) Covered procurement.--The term ``covered procurement'' 
        means--
                    (A) a source selection for a covered system or a 
                covered item of supply involving either a performance 
                specification, as provided in section 3306(a)(3)(B) of 
                title 41, United States Code, or an evaluation factor, 
                as provided in section 3306(b)(1) of such title, 
                relating to supply chain risk;
                    (B) the consideration of proposals for and issuance 
                of a task or delivery order for a covered system or a 
                covered item of supply, as provided in section 
                4106(d)(3) of title 41, United States Code, where the 
                task or delivery order contract concerned includes a 
                contract clause establishing a requirement relating to 
                supply chain risk; or
                    (C) any contract action involving a contract for a 
                covered system or a covered item of supply where such 
                contract includes a clause establishing requirements 
                relating to supply chain risk.
            (4) Covered procurement action.--The term ``covered 
        procurement action'' means any of the following actions, if the 
        action takes place in the course of conducting a covered 
        procurement:
                    (A) The exclusion of a source that fails to meet 
                qualifications standards established in accordance with 
                the requirements of section 3311 of title 41, United 
                States Code, for the purpose of reducing supply chain 
                risk in the acquisition of covered systems.
                    (B) The exclusion of a source that fails to achieve 
                an acceptable rating with regard to an evaluation factor 
                providing for the consideration of supply chain risk in 
                the evaluation of proposals for the award of a contract 
                or the issuance of a task or delivery order.
                    (C) The decision to withhold consent for a 
                contractor to subcontract with a particular source or to 
                direct a contractor for a covered system to exclude a 
                particular source from consideration for a subcontract 
                under the contract.
            (5) Covered system.--The term ``covered system'' means a 
        national security system, as that term is defined in section 
        3542(b) of title 44, United States Code.
            (6) Supply chain risk.--The term ``supply chain risk'' means 
        the risk that an adversary may sabotage, maliciously introduce 
        unwanted function, or otherwise subvert the design, integrity, 
        manufacturing, production, distribution, installation, 
        operation, or maintenance of a covered system so as to surveil, 
        deny, disrupt, or otherwise degrade the function, use, or 
        operation of such system.

    (b) Authority.--Subject to subsection (c) and in consultation with 
the Director of National Intelligence, the head of a covered agency may, 
in conducting intelligence and intelligence-related activities--
            (1) carry out a covered procurement action; and

[[Page 125 STAT. 1885]]

            (2) limit, notwithstanding any other provision of law, in 
        whole or in part, the disclosure of information relating to the 
        basis for carrying out a covered procurement action.

    (c) Determination and Notification.--The head of a covered agency 
may exercise the authority provided in subsection (b) only after--
            (1) any appropriate consultation with procurement or other 
        relevant officials of the covered agency;
            (2) making a determination in writing, which may be in 
        classified form, that--
                    (A) use of the authority in subsection (b)(1) is 
                necessary to protect national security by reducing 
                supply chain risk;
                    (B) less intrusive measures are not reasonably 
                available to reduce such supply chain risk; and
                    (C) in a case where the head of the covered agency 
                plans to limit disclosure of information under 
                subsection (b)(2), the risk to national security due to 
                the disclosure of such information outweighs the risk 
                due to not disclosing such information;
            (3) notifying the Director of National Intelligence that 
        there is a significant supply chain risk to the covered system 
        concerned, unless the head of the covered agency making the 
        determination is the Director of National Intelligence; and
            (4) providing a notice, which may be in classified form, of 
        the determination made under paragraph (2) to the congressional 
        intelligence committees that includes a summary of the basis for 
        the determination, including a discussion of less intrusive 
        measures that were considered and why they were not reasonably 
        available to reduce supply chain risk.

    (d) Delegation.--The head of a covered agency may not delegate the 
authority provided in subsection (b) or the responsibility to make a 
determination under subsection (c) to an official below the level of the 
service acquisition executive for the agency concerned.
    (e) Savings.--The authority under this section is in addition to any 
other authority under any other provision of law. The authority under 
this section shall not be construed to alter or effect the exercise of 
any other provision of law.
    (f) Effective <<NOTE: Applicability.>>  Date.--The requirements of 
this section shall take effect on the date that is 180 days after the 
date of the enactment of this Act and shall apply to contracts that are 
awarded on or after such date.

    (g) Sunset.--The authority provided in this section shall expire on 
the date that section 806 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 
2304 note) expires.
SEC. 310. <<NOTE: 5 USC 8134 note.>> BURIAL ALLOWANCE.

    (a) Authorization to Provide.--
            (1) In general.--The head of an agency or department 
        containing an element of the intelligence community may pay to 
        the estate of a decedent described in paragraph (2) a burial 
        allowance at the request of a representative of such estate, as 
        determined in accordance with the laws of a State.
            (2) Description.--A decedent described in this paragraph is 
        an individual--

[[Page 125 STAT. 1886]]

                    (A) who served as a civilian officer or employee of 
                such an agency or department;
                    (B) who died as a result of an injury incurred 
                during such service; and
                    (C) whose death--
                          (i) resulted from hostile or terrorist 
                      activities; or
                          (ii) occurred in connection with an 
                      intelligence activity having a substantial element 
                      of risk.

    (b) Use of Burial Allowance.--A burial allowance paid under 
subsection (a) may be used to reimburse such estate for burial expenses, 
including recovery, mortuary, funeral, or memorial service, cremation, 
burial costs, and costs of transportation by common carrier to the place 
selected for final disposition of the decedent.
    (c) Amount of Burial Allowance; Relationship to Other Provisions.--A 
burial allowance paid under subsection (a) shall be--
            (1) in an amount not greater than--
                    (A) the maximum reimbursable amount allowed under 
                Department of Defense Instruction 1344.08 or successor 
                instruction; plus
                    (B) the actual costs of transportation referred to 
                in subsection (b); and
            (2) in addition to any other benefit permitted under any 
        other provision of law, including funds that may be expended as 
        specified in the General Provisions section of the classified 
        annex accompanying this Act.

    (d) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of the Office of Personnel Management, in 
consultation with the Director of National Intelligence, the Secretary 
of Labor, and the Secretary of Defense, shall submit to Congress a 
report on the feasibility of implementing legislation to provide for 
burial allowances at a level which adequately addresses the cost of 
burial expenses and provides for equitable treatment when an officer or 
employee of a Federal agency or department dies as the result of an 
injury sustained in the performance of duty.
SEC. 311. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.

    (a) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 1041(b) of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (50 U.S.C. 403-1b(b)) is amended by striking paragraphs (3) and 
(4).
    (b) Intelligence Authorization Act for Fiscal Year 2003.--Section 
904(d)(1) of the Intelligence Authorization Act for Fiscal Year 2003 (50 
U.S.C. 402c(d)(1)) is amended by striking ``on an annual basis''.
    (c) Intelligence Authorization Act for Fiscal Year 1995.--Section 
809 of the Intelligence Authorization Act for Fiscal Year 1995 (50 
U.S.C. App. 2170b) is amended--
            (1) by striking subsection (b); and
            (2) in subsection (c), by striking ``reports referred to in 
        subsections (a) and (b)'' and inserting ``report referred to in 
        subsection (a)''.

    (d) Report on Temporary Personnel Authorizations for Critical 
Language Training.--Paragraph (3)(D) of section 102A(e) of the National 
Security Act of 1947 (50 U.S.C. 403-1(e)), as

[[Page 125 STAT. 1887]]

amended by section 306 of the Intelligence Authorization Act for Fiscal 
Year 2010 (Public Law 111-259; 124 Stat. 2661), is amended by striking 
``The'' and inserting ``For each of the fiscal years 2010, 2011, and 
2012, the''.
SEC. 312. REVIEW OF STRATEGIC AND COMPETITIVE ANALYSIS CONDUCTED 
                        BY THE INTELLIGENCE COMMUNITY.

    (a) <<NOTE: Time period.>>  Review.--The Director of National 
Intelligence shall direct the Director's Senior Advisory Group to 
conduct a comprehensive review of the strategic and competitive analysis 
of international terrorism and homegrown violent extremism conducted by 
elements of the intelligence community during the 12 month period 
beginning on the date of the enactment of this Act.

    (b) <<NOTE: Deadline. Reports.>>  Recommendations.--Not later than 
15 months after the date of the enactment of this Act, the Director of 
the National Intelligence shall submit to the congressional intelligence 
committees--
            (1) a report on the results of the review conducted under 
        subsection (a); and
            (2) any actions taken by the Director to implement the 
        recommendations, if any, of the Director's Senior Advisory Group 
        based on such results.

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

       Subtitle A--Office of the Director of National Intelligence

SEC. 401. INTELLIGENCE COMMUNITY ASSISTANCE TO COUNTER DRUG 
                        TRAFFICKING ORGANIZATIONS USING PUBLIC 
                        LANDS.

    (a) Consultation.--The Director of National Intelligence shall 
consult with the heads of the Federal land management agencies on the 
appropriate actions the intelligence community can take to assist such 
agencies in responding to the threat from covered entities that are 
currently or have previously used public lands in the United States to 
further the operations of such entities.
    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees, the Committee on the Judiciary of 
the Senate, and the Committee on the Judiciary of the House of 
Representatives a report on the results of the consultation under 
subsection (a). Such report shall include--
            (1) an assessment of the intelligence community collection 
        efforts dedicated to covered entities, including any collection 
        gaps or inefficiencies; and
            (2) an assessment of the ability of the intelligence 
        community to assist Federal land management agencies in 
        identifying and protecting public lands from illegal drug grows 
        and other activities and threats of covered entities, including 
        through the sharing of intelligence information.

    (c) Definitions.--In this section:

[[Page 125 STAT. 1888]]

            (1) Covered entity.--The term ``covered entity'' means an 
        international drug trafficking organization or other actor 
        involved in drug trafficking generally.
            (2) Federal land management agency.--The term ``Federal land 
        management agency'' includes--
                    (A) the Forest Service of the Department of 
                Agriculture;
                    (B) the Bureau of Land Management of the Department 
                of the Interior;
                    (C) the National Park Service of the Department of 
                the Interior;
                    (D) the Fish and Wildlife Service of the Department 
                of the Interior; and
                    (E) the Bureau of Reclamation of the Department of 
                the Interior.
            (3) Public lands.--The term ``public lands'' means land 
        under the management of a Federal land management agency.
SEC. 402. <<NOTE: Determination. Notification.>> APPLICATION OF 
                        CERTAIN FINANCIAL REPORTING REQUIREMENTS 
                        TO THE OFFICE OF THE DIRECTOR OF NATIONAL 
                        INTELLIGENCE.

    For each of the fiscal years 2010, 2011, and 2012, the requirements 
of section 3515 of title 31, United States Code, to submit an audited 
financial statement shall not apply to the Office of the Director of 
National Intelligence if the Director of National Intelligence 
determines and notifies Congress that audited financial statements for 
such years for such Office cannot be produced on a cost-effective basis.
SEC. 403. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE 
                        INSPECTOR GENERAL OF THE INTELLIGENCE 
                        COMMUNITY.

    Section 103H of the National Security Act of 1947 (50 U.S.C. 403-3h) 
is amended by adding at the end the following new subsection:
    ``(o) Information on Website.--(1) The Director of National 
Intelligence shall establish and maintain on the homepage of the 
publicly accessible website of the Office of the Director of National 
Intelligence information relating to the Office of the Inspector General 
of the Intelligence Community including methods to contact the Inspector 
General.
    ``(2) The information referred to in paragraph (1) shall be obvious 
and facilitate accessibility to the information related to the Office of 
the Inspector General of the Intelligence Community.''.
SEC. 404. CLARIFICATION OF STATUS OF CHIEF INFORMATION OFFICER IN 
                        THE EXECUTIVE SCHEDULE.

    Section 5315 of title 5, United States Code, is amended by inserting 
after the item relating to the Chief Information Officer, Small Business 
Administration the following new item:
            ``Chief Information Officer of the Intelligence 
        Community.''.
SEC. 405. TEMPORARY APPOINTMENT TO FILL VACANCIES WITHIN OFFICE OF 
                        THE DIRECTOR OF NATIONAL INTELLIGENCE.

    Section 103 of the National Security Act of 1947 (50 U.S.C. 403-3) 
is amended--
            (1) by redesignating subsection (e) as subsection (f); and

[[Page 125 STAT. 1889]]

            (2) by inserting after subsection (d) the following new 
        subsection:

    ``(e) Temporary Filling of Vacancies.--With respect to filling 
temporarily a vacancy in an office within the Office of the Director of 
National Intelligence (other than that of the Director of National 
Intelligence), section 3345(a)(3) of title 5, United States Code, may be 
applied--
            ``(1) in the matter preceding subparagraph (A), by 
        substituting `an element of the intelligence community, as that 
        term is defined in section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 401a(4)),' for `such Executive agency'; and
            ``(2) in subparagraph (A), by substituting `the intelligence 
        community' for `such agency'.''.

                 Subtitle B--Central Intelligence Agency

SEC. 411. ACCEPTANCE OF GIFTS.

    Section 12 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403l(a)) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' after ``(a)''; and
                    (B) by striking the second and third sentences and 
                inserting the following:

    ``(2) Any gift accepted under this section (and any income produced 
by any such gift)--
            ``(A) may be used only for--''
                    ``(i) artistic display;
                    ``(ii) purposes relating to the general welfare, 
                education, or recreation of employees or dependents of 
                employees of the Agency or for similar purposes; or
                    ``(iii) purposes relating to the welfare, education, 
                or recreation of an individual described in paragraph 
                (3); and
            ``(B) under no circumstances may such a gift (or any income 
        produced by any such gift) be used for operational purposes.

    ``(3) An individual described in this paragraph is an individual 
who--
            ``(A) is an employee or a former employee of the Agency who 
        suffered injury or illness while employed by the Agency that--
                    ``(i) resulted from hostile or terrorist activities;
                    ``(ii) occurred in connection with an intelligence 
                activity having a significant element of risk; or
                    ``(iii) occurred under other circumstances 
                determined by the Director to be analogous to the 
                circumstances described in clause (i) or (ii);
            ``(B) is a family member of such an employee or former 
        employee; or
            ``(C) is a surviving family member of an employee of the 
        Agency who died in circumstances described in clause (i), (ii), 
        or (iii) of subparagraph (A).

    ``(4) The Director may not accept any gift under this section that 
is expressly conditioned upon any expenditure not to be met from the 
gift itself or from income produced by the gift unless such expenditure 
has been authorized by law.
    ``(5) The Director may, in the Director's discretion, determine that 
an individual described in subparagraph (A) or (B) of paragraph

[[Page 125 STAT. 1890]]

(3) may accept a gift for the purposes described in paragraph 
(2)(A)(iii).''; and
            (2) by adding at the end the following new subsection:

    ``(f) <<NOTE: Regulations.>> The Director, in consultation with the 
Director of the Office of Government Ethics, shall issue regulations to 
carry out the authority provided in this section. Such regulations shall 
ensure that such authority is exercised consistent with all relevant 
ethical constraints and principles, including--
            ``(1) the avoidance of any prohibited conflict of interest 
        or appearance of impropriety; and
            ``(2) a prohibition against the acceptance of a gift from a 
        foreign government or an agent of a foreign government.''.
SEC. 412. FOREIGN LANGUAGE PROFICIENCY REQUIREMENTS FOR CENTRAL 
                        INTELLIGENCE AGENCY OFFICERS.

    (a) In General.--Section 104A(g) of the National Security Act of 
1947 (50 U.S.C. 403-4a(g)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A)--
                          (i) by inserting ``in the Directorate of 
                      Intelligence career service or the National 
                      Clandestine Service career service'' after ``an 
                      individual'';
                          (ii) by inserting ``or promoted'' after 
                      ``appointed''; and
                          (iii) by striking ``individual--'' and 
                      inserting ``individual has been certified as 
                      having a professional speaking and reading 
                      proficiency in a foreign language, such 
                      proficiency being at least level 3 on the 
                      Interagency Language Roundtable Language Skills 
                      Level or commensurate proficiency level using such 
                      other indicator of proficiency as the Director of 
                      the Central Intelligence Agency considers 
                      appropriate.'';
                    (B) by striking subparagraphs (A) and (B); and
            (2) in paragraph (2), by striking ``position or category of 
        positions'' both places that term appears and inserting 
        ``position, category of positions, or occupation''.

    (b) Effective Date.--Section 611(b) of the Intelligence 
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 50 U.S.C. 
403-4a note) is amended--
            (1) by inserting ``or promotions'' after ``appointments''; 
        and
            (2) by striking ``that is one year after the date''.

    (c) Report on Waivers.--Section 611(c) of the Intelligence 
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat. 
3955) is amended--
            (1) in the first sentence--
                    (A) by striking ``positions'' and inserting 
                ``individual waivers''; and
                    (B) by striking ``Directorate of Operations'' and 
                inserting ``National Clandestine Service''; and
            (2) in the second sentence, by striking ``position or 
        category of positions'' and inserting ``position, category of 
        positions, or occupation''.

    (d) Report on Transfers.--Not later than 45 days after the date of 
the enactment of this Act, and on an annual basis for each of the 
following 3 years, the Director of the Central Intelligence Agency shall 
submit to the congressional intelligence committees

[[Page 125 STAT. 1891]]

a report on the number of Senior Intelligence Service employees of the 
Agency who--
            (1) were transferred during the reporting period to a Senior 
        Intelligence Service position in the Directorate of Intelligence 
        career service or the National Clandestine Service career 
        service; and
            (2) did not meet the foreign language requirements specified 
        in section 104A(g)(1) of the National Security Act of 1947 (50 
        U.S.C. 403-4a(g)(1)) at the time of such transfer.
SEC. 413. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE 
                        INSPECTOR GENERAL OF THE CENTRAL 
                        INTELLIGENCE AGENCY.

    Section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403q) is amended by adding at the end the following new subsection:
    ``(h) Information on Website.--(1) The Director of the Central 
Intelligence Agency shall establish and maintain on the homepage of the 
Agency's publicly accessible website information relating to the Office 
of the Inspector General including methods to contact the Inspector 
General.
    ``(2) The information referred to in paragraph (1) shall be obvious 
and facilitate accessibility to the information related to the Office of 
the Inspector General.''.
SEC. 414. <<NOTE: 50 USC 403-4a note.>> CREATING AN OFFICIAL 
                        RECORD OF THE OSAMA BIN LADEN OPERATION.

    (a) Findings.--Congress finds the following:
            (1) On May 1, 2011, United States personnel killed terrorist 
        leader Osama bin Laden during the course of a targeted strike 
        against his secret compound in Abbottabad, Pakistan.
            (2) Osama bin Laden was the leader of the al Qaeda terrorist 
        organization, the most significant terrorism threat to the 
        United States and the international community.
            (3) Osama bin Laden was the architect of terrorist attacks 
        which killed nearly 3,000 civilians on September 11, 2001, the 
        most deadly terrorist attack against our Nation, in which al 
        Qaeda terrorists hijacked four airplanes and crashed them into 
        the World Trade Center in New York City, the Pentagon in 
        Washington, D.C., and, due to heroic efforts by civilian 
        passengers to disrupt the terrorists, near Shanksville, 
        Pennsylvania.
            (4) Osama bin Laden planned or supported numerous other 
        deadly terrorist attacks against the United States and its 
        allies, including the 1998 bombings of United States embassies 
        in Kenya and Tanzania and the 2000 attack on the U.S.S. Cole in 
        Yemen, and against innocent civilians in countries around the 
        world, including the 2004 attack on commuter trains in Madrid, 
        Spain and the 2005 bombings of the mass transit system in 
        London, England.
            (5) Following the September 11, 2001, terrorist attacks, the 
        United States, under President George W. Bush, led an 
        international coalition into Afghanistan to dismantle al Qaeda, 
        deny them a safe haven in Afghanistan and ungoverned areas along 
        the Pakistani border, and bring Osama bin Laden to justice.
            (6) President Barack Obama in 2009 committed additional 
        forces and resources to efforts in Afghanistan and Pakistan

[[Page 125 STAT. 1892]]

        as ``the central front in our enduring struggle against 
        terrorism and extremism''.
            (7) The valiant members of the United States Armed Forces 
        have courageously and vigorously pursued al Qaeda and its 
        affiliates in Afghanistan and around the world.
            (8) The anonymous, unsung heroes of the intelligence 
        community have pursued al Qaeda and affiliates in Afghanistan, 
        Pakistan, and around the world with tremendous dedication, 
        sacrifice, and professionalism.
            (9) The close collaboration between the Armed Forces and the 
        intelligence community prompted the Director of National 
        Intelligence, General James Clapper, to state, ``Never have I 
        seen a more remarkable example of focused integration, seamless 
        collaboration, and sheer professional magnificence as was 
        demonstrated by the Intelligence Community in the ultimate 
        demise of Osama bin Laden.''.
            (10) While the death of Osama bin Laden represents a 
        significant blow to the al Qaeda organization and its affiliates 
        and to terrorist organizations around the world, terrorism 
        remains a critical threat to United States national security.
            (11) President Obama said, ``For over two decades, bin Laden 
        has been al Qaeda's leader and symbol, and has continued to plot 
        attacks against our country and our friends and allies. The 
        death of bin Laden marks the most significant achievement to 
        date in our Nation's effort to defeat al Qaeda.''.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the raid that killed Osama bin Laden demonstrated the 
        best of the intelligence community's capabilities and teamwork;
            (2) for years to come, Americans will look back at this 
        event as a defining point in the history of the United States;
            (3) it is vitally important that the United States 
        memorialize all the events that led to the raid so that future 
        generations will have an official record of the events that 
        transpired before, during, and as a result of the operation; and
            (4) preserving this history now will allow the United States 
        to have an accurate account of the events while those that 
        participated in the events are still serving in the Government.

    (c) Report on the Operation That Killed Osama Bin Laden.--Not later 
than 90 days after the completion of the report being prepared by the 
Center for the Study of Intelligence that documents the history of and 
lessons learned from the raid that resulted in the death of Osama bin 
Laden, the Director of the Central Intelligence Agency shall submit such 
report to the congressional intelligence committees.
    (d) Preservation of Records.--The Director of the Central 
Intelligence Agency shall preserve any records, including intelligence 
information and assessments, used to generate the report described in 
subsection (c).
SEC. 415. RECRUITMENT OF PERSONNEL IN THE OFFICE OF THE INSPECTOR 
                        GENERAL.

    (a) Study.--The Inspector General of the Office of Personnel 
Management, in consultation with the Inspector General of the Central 
Intelligence Agency, shall carry out a study of the personnel 
authorities and available personnel benefits of the Office of the

[[Page 125 STAT. 1893]]

Inspector General of the Central Intelligence Agency. Such study shall 
include--
            (1) identification of any barriers or disincentives to the 
        recruitment or retention of experienced investigators within the 
        Office of the Inspector General of the Central Intelligence 
        Agency; and
            (2) a comparison of the personnel authorities of the 
        Inspector General of the Central Intelligence Agency with 
        personnel authorities of Inspectors General of other agencies 
        and departments of the United States, including a comparison of 
        the benefits available to experienced investigators within the 
        Office of the Inspector General of the Central Intelligence 
        Agency with similar benefits available within the offices of 
        Inspectors General of such other agencies or departments.

    (b) <<NOTE: Deadline. Reports.>>  Recommendations.--Not later than 
120 days after the date of the enactment of this Act, the Inspector 
General of the Office of Personnel Management shall submit to the 
congressional intelligence committees and the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Oversight and Government Reform of the House of Representatives--
            (1) a report on the results of the study conducted under 
        subsection (a); and
            (2) any recommendations for legislative action based on such 
        results.

    (c) Funding.--Of the funds authorized to be appropriated by this 
Act, the Director of National Intelligence shall transfer to the 
Inspector General of the Office of Personnel Management such sums as may 
be necessary to carry out this section.

                  Subtitle C--National Security Agency

SEC. 421. ADDITIONAL AUTHORITIES FOR NATIONAL SECURITY AGENCY 
                        SECURITY PERSONNEL.

    (a) Authority To Transport Apprehended Persons.--Paragraph (5) of 
section 11(a) of the National Security Agency Act of 1959 (50 U.S.C. 402 
note) is amended to read as follows:
    ``(5) Agency personnel authorized by the Director under paragraph 
(1) may transport an individual apprehended under the authority of this 
section from the premises at which the individual was apprehended, as 
described in subparagraph (A) or (B) of paragraph (1), for the purpose 
of transferring such individual to the custody of law enforcement 
officials. Such transportation may be provided only to make a transfer 
of custody at a location within 30 miles of the premises described in 
subparagraphs (A) and (B) of paragraph (1).''.
    (b) Conforming Amendment Relating to Tort Liability.--Paragraph (1) 
of section 11(d) of the National Security Agency Act of 1959 (50 U.S.C. 
402 note) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
            ``(D) transport an individual pursuant to subsection 
        (a)(2).''.

[[Page 125 STAT. 1894]]

                       Subtitle D--Other Elements

SEC. 431. CODIFICATION OF OFFICE OF INTELLIGENCE AND ANALYSIS OF 
                        THE DEPARTMENT OF HOMELAND SECURITY AS 
                        ELEMENT OF THE INTELLIGENCE COMMUNITY.

    Section 3(4)(K) of the National Security Act of 1947 (50 U.S.C. 
401a(4)(K)) is amended to read as follows:
                    ``(K) The Office of Intelligence and Analysis of the 
                Department of Homeland Security.''.
SEC. 432. FEDERAL BUREAU OF INVESTIGATION PARTICIPATION IN THE 
                        DEPARTMENT OF JUSTICE LEAVE BANK.

    Subsection (b) of section 6372 of title 5, United States Code, is 
amended to read as follows:
    ``(b)(1) Except as provided in paragraph (2) and notwithstanding any 
other provision of this subchapter, neither an excepted agency nor any 
individual employed in or under an excepted agency may be included in a 
leave bank program established under any of the preceding provisions of 
this subchapter.
    ``(2) Notwithstanding any other provision of law, the Director of 
the Federal Bureau of Investigation may authorize an individual employed 
by the Bureau to participate in a leave bank program administered by the 
Department of Justice under this subchapter if in the Director's 
judgment such participation will not adversely affect the protection of 
intelligence sources and methods.''.
SEC. 433. ACCOUNTS AND TRANSFER AUTHORITY FOR APPROPRIATIONS AND 
                        OTHER AMOUNTS FOR INTELLIGENCE ELEMENTS OF 
                        THE DEPARTMENT OF DEFENSE.

    (a) In General.--Chapter 21 of title 10, United States Code, is 
amended by inserting after section 428 the following new section:
``Sec. 429. <<NOTE: 10 USC 429.>> Appropriations for Defense 
                intelligence elements: accounts for transfers; 
                transfer authority

    ``(a) Accounts for Appropriations for Defense Intelligence 
Elements.--The Secretary of Defense may transfer appropriations of the 
Department of Defense which are available for the activities of Defense 
intelligence elements to an account or accounts established for receipt 
of such transfers. Each such account may also receive transfers from the 
Director of National Intelligence if made pursuant to Section 102A of 
the National Security Act of 1947 (50 U.S.C. 403-1), and transfers and 
reimbursements arising from transactions, as authorized by law, between 
a Defense intelligence element and another entity. Appropriation 
balances in each such account may be transferred back to the account or 
accounts from which such appropriations originated as appropriation 
refunds.
    ``(b) Recordation of Transfers.--Transfers made pursuant to 
subsection (a) shall be recorded as expenditure transfers.
    ``(c) Availability of Funds.--Funds transferred pursuant to 
subsection (a) shall remain available for the same time period and for 
the same purpose as the appropriation from which transferred, and shall 
remain subject to the same limitations provided in the act making the 
appropriation.
    ``(d) Obligation and Expenditure of Funds.--Unless otherwise 
specifically authorized by law, funds transferred pursuant to subsection 
(a) shall only be obligated and expended in accordance

[[Page 125 STAT. 1895]]

with chapter 15 of title 31 and all other applicable provisions of law.
    ``(e) Defense Intelligence Element Defined.--In this section, the 
term `Defense intelligence element' means any of the Department of 
Defense agencies, offices, and elements included within the definition 
of `intelligence community' under section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 401a(4)).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of such chapter is amended by adding at the end the 
following new item:

``429. Appropriations for Defense intelligence elements: accounts for 
           transfers; transfer authority.''.

SEC. 434. REPORT ON TRAINING STANDARDS OF DEFENSE INTELLIGENCE 
                        WORKFORCE.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence and the Under 
Secretary of Defense for Intelligence shall submit to the Permanent 
Select Committee on Intelligence and the Committee on Armed Services of 
the House of Representatives and the Select Committee on Intelligence 
and the Committee on Armed Services of the Senate a report on the 
training standards of the defense intelligence workforce. Such report 
shall include--
            (1) a description of existing training, education, and 
        professional development standards applied to personnel of 
        defense intelligence components; and
            (2) an assessment of the ability to implement a 
        certification program for personnel of the defense intelligence 
        components based on achievement of required training, education, 
        and professional development standards.

    (b) Definitions.--In this section:
            (1) Defense intelligence components.--The term ``defense 
        intelligence components'' means--
                    (A) the National Security Agency;
                    (B) the Defense Intelligence Agency;
                    (C) the National Geospatial-Intelligence Agency;
                    (D) the National Reconnaissance Office;
                    (E) the intelligence elements of the Army, the Navy, 
                the Air Force, and the Marine Corps; and
                    (F) other offices within the Department of Defense 
                for the collection of specialized national intelligence 
                through reconnaissance programs.
            (2) Defense intelligence workforce.--The term ``defense 
        intelligence workforce'' means the personnel of the defense 
        intelligence components.

                         TITLE V--OTHER MATTERS

SEC. 501. REPORT ON AIRSPACE RESTRICTIONS FOR USE OF UNMANNED 
                        AERIAL VEHICLES ALONG THE BORDER OF THE 
                        UNITED STATES AND MEXICO.

    Not later than 90 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit to the congressional 
intelligence committees, the Committee on Homeland Security of the House 
of Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report

[[Page 125 STAT. 1896]]

on whether restrictions on the use of airspace are hampering the use of 
unmanned aerial vehicles by the Department of Homeland Security along 
the international border between the United States and Mexico.
SEC. 502. SENSE OF CONGRESS REGARDING INTEGRATION OF FUSION 
                        CENTERS.

    It is the sense of Congress that ten years after the terrorist 
attacks upon the United States on September 11, 2001, the Secretary of 
Homeland Security, in consultation with the Director of National 
Intelligence, should continue to integrate and utilize fusion centers to 
enlist all of the intelligence, law enforcement, and homeland security 
capabilities of the United States in a manner that is consistent with 
the Constitution to prevent acts of terrorism against the United States.
SEC. 503. <<NOTE: Pakistan. Afghanistan. 10 USC 113 
                        note.>> STRATEGY TO COUNTER IMPROVISED 
                        EXPLOSIVE DEVICES.

    (a) Strategy.--
            (1) Establishment.--The Director of National Intelligence 
        and the Secretary of Defense shall establish a coordinated 
        strategy utilizing all available personnel and assets for 
        intelligence collection and analysis to identify and counter 
        network activity and operations in Pakistan and Afghanistan 
        relating to the development and use of improvised explosive 
        devices.
            (2) Contents.--The strategy established under paragraph (1) 
        shall identify--
                    (A) the networks that design improvised explosive 
                devices, provide training on improvised explosive device 
                assembly and employment, and smuggle improvised 
                explosive device components into Afghanistan;
                    (B) the persons and organizations not directly 
                affiliated with insurgents in Afghanistan who knowingly 
                enable the movement of commercial products and material 
                used in improvised explosive device construction from 
                factories and vendors in Pakistan into Afghanistan;
                    (C) the financiers, financial networks, 
                institutions, and funding streams that provide resources 
                to the insurgency in Afghanistan; and
                    (D) the links to military, intelligence services, 
                and government officials who are complicit in allowing 
                the insurgent networks in Afghanistan to operate.

    (b) Report and Implementation.--Not later than 120 days after the 
date of the enactment of this Act, the Director of National Intelligence 
and the Secretary of Defense shall--
            (1) submit to the congressional intelligence committees and 
        the Committees on Armed Services of the House of Representatives 
        and the Senate a report containing the strategy established 
        under subsection (a); and
            (2) implement such strategy.
SEC. 504. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAILWAY 
                        TRANSPORTATION SECURITY.

    It is the sense of Congress that--
            (1) the nation's railway transportation (including subway 
        transit) network is broad and technically complex, requiring 
        robust communication between private sector stakeholders and the 
        intelligence community to identify, monitor, and respond to 
        threats;

[[Page 125 STAT. 1897]]

            (2) the Department of Homeland Security Office of 
        Intelligence and Analysis maintains a constructive relationship 
        with other Federal agencies, state and local governments, and 
        private entities to safeguard our railways; and
            (3) railway transportation security (including subway 
        transit security) should continue to be prioritized in the 
        critical infrastructure threat assessment developed by the 
        Office of Intelligence and Analysis and included in threat 
        assessment budgets of the intelligence community.
SEC. 505. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 
                        1947.

    The National Security Act of 1947 (50 U.S.C. 401 et seq.) is 
amended--
            (1) in section 3(6) (50 U.S.C. 401a(6)), by striking 
        ``Director of Central Intelligence'' and inserting ``Director of 
        National Intelligence'';
            (2) in section 506(b) (50 U.S.C. 415a(b)), by striking 
        ``Director of Central Intelligence.'' and inserting ``Director 
        of National Intelligence.''; and
            (3) in section 506A(c)(2)(C) (50 U.S.C. 415a-1(c)(2)(C)), by 
        striking ``National Foreign Intelligence Program'' both places 
        that term appears and inserting ``National Intelligence 
        Program''.
SEC. 506. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE.

    Section 351(a) of title 18, United States Code, is amended--
            (1) by inserting ``the Director (or a person nominated to be 
        Director during the pendency of such nomination) or Principal 
        Deputy Director of National Intelligence,'' after ``in such 
        department,''; and
            (2) by striking ``Central Intelligence,'' and inserting 
        ``the Central Intelligence Agency,''.
SEC. 507. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the

[[Page 125 STAT. 1898]]

Congressional Record by the Chairman of the Senate Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.

    Approved January 3, 2012.

LEGISLATIVE HISTORY--H.R. 1892:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-197 (Permanent Select Comm. on Intelligence).
CONGRESSIONAL RECORD, Vol. 157 (2011):
            Sept. 9, considered and passed House.
            Dec. 14, considered and passed Senate, amended.
            Dec. 16, House concurred in Senate amendment.

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