PUBLIC LAW 112–87—JAN. 3, 2012 

INTELLIGENCE AUTHORIZATION ACT FOR 

FISCAL YEAR 2012 


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125 STAT. 1876 PUBLIC LAW 112–87—JAN. 3, 2012 

Public Law 112–87 

112th Congress 

An Act 

To authorize appropriations for fiscal year 2012 for intelligence and intelligencerelated activities of the United States Government, the Community Management 

Account, and the Central Intelligence Agency Retirement and Disability System, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence 

Authorization Act for Fiscal Year 2012’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. 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. 

Intelligence 

Authorization 

Act for Fiscal 

Year 2012. 

Jan. 3, 2012 

[H.R. 1892] 


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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. 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. 

50 USC 401a 

note. 


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125 STAT. 1878 PUBLIC LAW 112–87—JAN. 3, 2012 

(5) The National Security Agency. 

(6) The Department of the Army, the Department of the 

Navy, and the Department of the Air Force. 

(7) The Coast Guard. 

(8) The Department of State. 

(9) The Department of the Treasury. 

(10) The Department of Energy. 

(11) The Department of Justice. 

(12) The Federal Bureau of Investigation. 

(13) The Drug Enforcement Administration. 

(14) The National Reconnaissance Office. 

(15) The National Geospatial-Intelligence Agency. 

(16) The Department of Homeland Security. 

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL LEVELS.— The amounts authorized to be appropriated under section 101 and, 

subject to section 103, the authorized personnel ceilings as of September 30, 2012, for the conduct of the intelligence activities of 

the elements listed in paragraphs (1) through (16) of section 101, 

are those specified in the classified Schedule of Authorizations 

prepared to accompany the bill H.R. 1892 of the One Hundred 

Twelfth Congress. 

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.— 

(1) AVAILABILITY TO COMMITTEES OF CONGRESS.—The classified Schedule of Authorizations referred to in subsection (a) 

shall be made available to the Committee on Appropriations 

of the Senate, the Committee on Appropriations of the House 

of Representatives, and to the President. 

(2) DISTRIBUTION BY THE PRESIDENT.—Subject to paragraph 

(3), the President shall provide for suitable distribution of the 

classified Schedule of Authorizations, or of appropriate portions 

of the Schedule, within the executive branch. 

(3) LIMITS ON DISCLOSURE.—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 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 

Determination. 

President. 


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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 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 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 

Deadline. 

Guidelines. 


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125 STAT. 1880 PUBLIC LAW 112–87—JAN. 3, 2012 

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: 


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‘‘(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 INTEL- LIGENCE 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-toend 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 


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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 endto-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 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. 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 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 

Deadlines. 

Public 

information. 

50 USC 415a–11. 

50 USC 415a–1 

note. 


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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 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. NOTIFICATION OF TRANSFER OF A DETAINEE HELD AT 

UNITED STATES NAVAL STATION, GUANTANAMO BAY, 

CUBA. 

(a) REQUIREMENT 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. 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. 

50 USC 403–2 

note. 

President. 

Classified 

information. 

Deadline. 

10 USC 801 note. 

50 USC 415a–11 

note. 


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125 STAT. 1884 PUBLIC LAW 112–87—JAN. 3, 2012 

(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 


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(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 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. 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— 

5 USC 8134 note. 

Applicability. 


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(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 


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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) 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) 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: 

Deadline. 

Reports. 

Time period. 


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(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. 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 

Determination. 

Notification. 


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(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 


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(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) 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 

Regulations. 


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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. 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 

50 USC 403–4a 

note. 


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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 


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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) 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).’’. 

Deadline. 

Reports. 


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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: 

‘‘§ 429. Appropriations for Defense intelligence elements: 

accounts for transfers; transfer authority 

‘‘(a) ACCOUNTS FOR APPROPRIATIONS FOR DEFENSE INTEL- LIGENCE 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 

10 USC 429. 


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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 


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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. 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; 

Pakistan. 

Afghanistan. 

10 USC 113 note. 


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(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 


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125 STAT. 1898 PUBLIC LAW 112–87—JAN. 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. 

Æ 

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. 


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