[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.
<all>