II 

Calendar No. 124 

112TH CONGRESS 

1ST SESSION S. 1458 

[Report No. 112–43] 

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. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2011 

Mrs. FEINSTEIN, from the Select Committee on Intelligence, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Intelligence Authorization Act for Fiscal Year 2012’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS 

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 INTELLIGENCE COMMUNITY MATTERS 

Sec. 301. Restriction on conduct of intelligence activities. 

Sec. 302. Increase in employee compensation and benefits authorized by law. 

Sec. 303. Enhancement of authority for flexible personnel management among 

the elements of the intelligence community. 

Sec. 304. Cost estimates. 

Sec. 305. Preparation of nuclear proliferation assessment statements. 

Sec. 306. Detainees held at United States Naval Station, Guantanamo Bay, 

Cuba. 

Sec. 307. Updates of intelligence relating to terrorist recidivism of detainees 

held at United States Naval Station, Guantanamo Bay, Cuba. 

Sec. 308. Submission of information on Guantanamo Bay detainee transfers. 

Sec. 309. Enhanced procurement authority to manage supply chain risk. 

Sec. 310. Report on burial allowances. 

Sec. 311. Modification of certain reporting requirements. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Temporary appointment to fill vacancies within Office of the Director 

of National Intelligence. 

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. Technical correction to the Executive Schedule. 

Subtitle B—Central Intelligence Agency 

Sec. 411. Foreign language proficiency requirements for Central Intelligence 

Agency officers. 

Sec. 412. Acceptance of gifts. 

Sec. 413. Public availability of information regarding the Inspector General of 

the Central Intelligence Agency. 

Sec. 414. Recruitment of personnel in the Office of the Inspector General. 


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Subtitle C—National Security Agency 

Sec. 421. Confirmation of appointment of the Director of the National Security 

Agency. 

Sec. 422. Additional authorities for National Security Agency security personnel. 

Subtitle D—Other Elements 

Sec. 431. Appropriations for defense intelligence elements: accounts for transfer; transfer. 

Sec. 432. Federal Bureau of Investigation participation in the Department of 

Justice leave bank. 

Sec. 433. Intelligence community membership of the Office of Intelligence and 

Analysis of the Department of Homeland Security. 

TITLE V—OTHER MATTERS 

Sec. 501. Conforming the FISA Amendments Act of 2008 sunset with other 

FISA sunsets. 

Sec. 502. Technical amendments to the National Security Act of 1947. 

Sec. 503. Technical amendments to title 18, United States Code. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 

8 (B) the Permanent Select Committee on 

9 Intelligence of the House of Representatives. 

10 (2) INTELLIGENCE COMMUNITY.—The term 

11 ‘‘intelligence community’’ has the meaning given 

12 that term in section 3(4) of the National Security 

13 Act of 1947 (50 U.S.C. 401a(4)). 


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1 TITLE I—BUDGET AND 

2 PERSONNEL AUTHORIZATIONS 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2012 for the conduct of the intelligence and 

6 intelligence-related activities of the following elements of 

7 the United States Government: 

8 (1) The Office of the Director of National Intel9 ligence. 

10 (2) The Central Intelligence Agency. 

11 (3) The Department of Defense. 

12 (4) The Defense Intelligence Agency. 

13 (5) The National Security Agency. 

14 (6) The Department of the Army, the Depart15 ment of the Navy, and the Department of the Air 

16 Force. 

17 (7) The Coast Guard. 

18 (8) The Department of State. 

19 (9) The Department of the Treasury. 

20 (10) The Department of Energy. 

21 (11) The Department of Justice. 

22 (12) The Federal Bureau of Investigation. 

23 (13) The Drug Enforcement Administration. 

24 (14) The National Reconnaissance Office. 


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1 (15) The National Geospatial-Intelligence Agen2 cy. 

3 (16) The Department of Homeland Security. 

4 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

5 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

6 LEVELS.—The amounts authorized to be appropriated 

7 under section 101 and the authorized personnel levels (ex8 pressed as full-time equivalent positions) as of September 

9 30, 2012, for the conduct of the intelligence activities of 

10 the elements listed in paragraphs (1) through (16) of sec11 tion 101, are those specified in the classified Schedule of 

12 Authorizations prepared to accompany the bill S. ll of 

13 the One Hundred Twelfth Congress. 

14 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU15 THORIZATIONS.—The classified Schedule of Authoriza16 tions referred to in subsection (a) shall be made available 

17 to the Committee on Appropriations of the Senate, the 

18 Committee on Appropriations of the House of Representa19 tives, and to the President. The President shall provide 

20 for suitable distribution of the Schedule, or of appropriate 

21 portions of the Schedule, within the executive branch. 

22 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

23 (a) AUTHORITY FOR INCREASES.—The Director of 

24 National Intelligence may authorize the employment of ci25 vilian personnel in excess of the number of full-time equivVerDate Mar 15 2010 00:45 Aug 02, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1458.PCS S1458

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1 alent positions for fiscal year 2012 authorized by the clas2 sified Schedule of Authorizations referred to in section 

3 102(a) if the Director of National Intelligence determines 

4 that such action is necessary for the performance of im5 portant intelligence functions, except that the number of 

6 personnel employed in excess of the number authorized 

7 under such section may not, for any element of the intel8 ligence community, exceed 3 percent of the number of ci9 vilian personnel authorized under such section for such 

10 element. 

11 (b) AUTHORITY FOR CONVERSION OF ACTIVITIES

12 PERFORMED BY CONTRACT PERSONNEL.— 

13 (1) IN GENERAL.—In addition to the authority 

14 in subsection (a) and subject to paragraph (2), if the 

15 head of an element of the intelligence community 

16 makes a determination that activities currently being 

17 performed by contract personnel should be per18 formed by employees of such element, the Director 

19 of National Intelligence, in order to reduce a com20 parable number of contract personnel, may authorize 

21 for that purpose employment of additional full-time 

22 equivalent personnel in such element equal to the 

23 number of full-time equivalent contract personnel 

24 performing such activities. 


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1 (2) CONCURRENCE AND APPROVAL.—The au2 thority described in paragraph (1) may not be exer3 cised unless the Director of National Intelligence 

4 concurs with the determination described in such 

5 paragraph. 

6 (c) TREATMENT OF CERTAIN PERSONNEL.—The Di7 rector of National Intelligence shall establish guidelines 

8 that govern, for each element of the intelligence commu9 nity, the treatment under the personnel levels authorized 

10 under section 102(a), including any exemption from such 

11 personnel levels, of employment or assignment— 

12 (1) in a student program, trainee program, or 

13 similar program; 

14 (2) in a reserve corps or as a reemployed annu15 itant; or 

16 (3) in details, joint duty, or long-term, full-time 

17 training. 

18 (d) NOTICE TO CONGRESSIONAL INTELLIGENCE

19 COMMITTEES.—The Director of National Intelligence 

20 shall notify the congressional intelligence committees in 

21 writing at least 15 days prior to the initial exercise of an 

22 authority described in subsection (a) or (b). 


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1 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC2 COUNT. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated for the Intelligence Commu5 nity Management Account of the Director of National In6 telligence for fiscal year 2012 the sum of $585,187,000. 

7 Within such amount, funds identified in the classified 

8 Schedule of Authorizations referred to in section 102(a) 

9 for advanced research and development shall remain avail10 able until September 30, 2013. 

11 (b) AUTHORIZED PERSONNEL LEVELS.—The ele12 ments within the Intelligence Community Management 

13 Account of the Director of National Intelligence are au14 thorized 800 full-time equivalent personnel as of Sep15 tember 30, 2012. Personnel serving in such elements may 

16 be permanent employees of the Office of the Director of 

17 National Intelligence or personnel detailed from other ele18 ments of the United States Government. 

19 (c) CLASSIFIED AUTHORIZATIONS.— 

20 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

21 addition to amounts authorized to be appropriated 

22 for the Intelligence Community Management Ac23 count by subsection (a), there are authorized to be 

24 appropriated for the Community Management Ac25 count for fiscal year 2012 such additional amounts 

26 as are specified in the classified Schedule of AuthorVerDate Mar 15 2010 00:45 Aug 02, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1458.PCS S1458

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1 izations referred to in section 102(a). Such addi2 tional amounts made available for advanced research 

3 and development shall remain available until Sep4 tember 30, 2013. 

5 (2) AUTHORIZATION OF PERSONNEL.—In addi6 tion to the personnel authorized by subsection (b) 

7 for elements of the Intelligence Community Manage8 ment Account as of September 30, 2012, there are 

9 authorized such full-time equivalent personnel for 

10 the Community Management Account as of that 

11 date as are specified in the classified Schedule of 

12 Authorizations referred to in section 102(a). 

13 TITLE II—CENTRAL INTEL14 LIGENCE AGENCY RETIRE15 MENT AND DISABILITY SYS16 TEM 

17 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

18 There is authorized to be appropriated for the Cen19 tral Intelligence Agency Retirement and Disability Fund 

20 for fiscal year 2012 the sum of $513,700,000. 


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1 TITLE III—GENERAL INTEL2 LIGENCE COMMUNITY MAT3 TERS 

4 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

5 ACTIVITIES. 

6 The authorization of appropriations by this Act shall 

7 not be deemed to constitute authority for the conduct of 

8 any intelligence activity that is not otherwise authorized 

9 by the Constitution or the laws of the United States. 

10 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

11 BENEFITS AUTHORIZED BY LAW. 

12 Appropriations authorized by this Act for salary, pay, 

13 retirement, and other benefits for Federal employees may 

14 be increased by such additional or supplemental amounts 

15 as may be necessary for increases in such compensation 

16 or benefits authorized by law. 

17 SEC. 303. ENHANCEMENT OF AUTHORITY FOR FLEXIBLE 

18 PERSONNEL MANAGEMENT AMONG THE ELE19 MENTS OF THE INTELLIGENCE COMMUNITY. 

20 Section 102A of the National Security Act of 1947 

21 (50 U.S.C. 403–1) is amended by adding at the end the 

22 following new subsection: 

23 ‘‘(v) AUTHORITY TO ESTABLISH POSITIONS IN EX24 CEPTED SERVICE.—(1) The Director of National Intel25 ligence, with the concurrence of the head of the covered 


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1 department concerned and in coordination with the Direc2 tor of the Office of Personnel Management, may— 

3 ‘‘(A) convert competitive service positions, and 

4 the incumbents of such positions, within an element 

5 of the intelligence community in such department, to 

6 excepted service positions as the Director of Na7 tional Intelligence determines necessary to carry out 

8 the intelligence functions of such element; and 

9 ‘‘(B) establish new positions in the excepted 

10 service within an element of the intelligence commu11 nity in such department, if the Director of National 

12 Intelligence determines such positions are necessary 

13 to carry out the intelligence functions of such ele14 ment. 

15 ‘‘(2) An incumbent occupying a position on the date 

16 of the enactment of the Intelligence Authorization Act for 

17 Fiscal Year 2012 selected to be converted to the excepted 

18 service under this section shall have the right to refuse 

19 such conversion. Once such individual no longer occupies 

20 the position, the position may be converted to the excepted 

21 service. 

22 ‘‘(3) In this subsection, the term ‘covered depart23 ment’ means the Department of Energy, the Department 

24 of Homeland Security, the Department of State, or the 

25 Department of the Treasury.’’. 


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1 SEC. 304. COST ESTIMATES. 

2 (a) IN GENERAL.—Section 506A of the National Se3 curity Act of 1947 (50 U.S.C. 415a–1) is amended— 

4 (1) in subsection (a)(2)— 

5 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

6 (B) by inserting at the end the following 

7 new subparagraph: 

8 ‘‘(B) For major system acquisitions requiring a serv9 ice or capability from another acquisition or program to 

10 deliver the end-to-end functionality for the intelligence 

11 community end users, independent cost estimates shall in12 clude, to the maximum extent practicable, all estimated 

13 costs across all pertinent elements of the intelligence com14 munity. For collection programs, this includes the cost of 

15 new analyst training, new hardware and software for data 

16 exploitation and analysis, and any unique or additional 

17 costs for data processing, storing, and power, space, and 

18 cooling across the life cycle of the program. If such costs 

19 for processing, exploitation, dissemination, and storage 

20 are scheduled to be executed in other elements of the intel21 ligence community, the independent cost estimate shall 

22 identify and annotate such costs for such other elements 

23 accordingly.’’; and 

24 (2) in subsection (e)(2)— 

25 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; 


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1 (B) in subparagraph (A), as so designated, 

2 by striking ‘‘associated with the acquisition of a 

3 major system,’’ and inserting ‘‘associated with 

4 the development, acquisition, procurement, op5 eration, and sustainment of a major system 

6 across its proposed life cycle,’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(B) In accordance with subsection (a)(2)(B), 

9 each independent cost estimate shall include all costs 

10 required across elements of the intelligence commu11 nity to develop, acquire, procure, operate, and sus12 tain the system to provide the end-to-end intelligence 

13 functionality of the system, including— 

14 ‘‘(i) for collection programs, the cost of 

15 new analyst training, new hardware and soft16 ware for data exploitation and analysis, and any 

17 unique or additional costs for data processing, 

18 storing, and power, space, and cooling across 

19 the life cycle of the program; and 

20 ‘‘(ii) costs for processing, exploitation, dis21 semination, and storage costs are scheduled to 

22 be executed in other elements of the intelligence 

23 community, such element shall identify and an24 notate such costs accordingly.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect 180 days after the date of 

3 the enactment of this Act. 

4 SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION AS5 SESSMENT STATEMENTS. 

6 Section 123 of the Atomic Energy Act of 1954 (42 

7 U.S.C. 2153) is amended— 

8 (1) in subsection a., in the first undesignated 

9 paragraph after paragraph (9)— 

10 (A) by striking the third sentence and in11 serting ‘‘The Secretary of State and the Direc12 tor of National Intelligence shall provide to the 

13 President an unclassified Nuclear Proliferation 

14 Assessment Statement as follows: Parts A and 

15 B of such assessment shall be prepared by the 

16 Secretary of State, in consultation with the Di17 rector of National Intelligence. Part A shall 

18 analyze the consistency of the text of the pro19 posed agreement for cooperation with all the re20 quirements of this chapter, with specific atten21 tion to whether the proposed agreement is con22 sistent with each of the criteria set forth in this 

23 subsection. Part B shall analyze the adequacy 

24 of the safeguards and other control mechanisms 

25 and the peaceful use assurances contained in 


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1 the agreement for cooperation to ensure that 

2 any assistance furnished thereunder will not be 

3 used to further any military or nuclear explo4 sive purposes. Part C of such assessment shall 

5 be prepared by the Director of National Intel6 ligence, in consultation with the Secretary of 

7 State, and consist of a comprehensive analysis 

8 of the country’s export control system with re9 spect to nuclear-related matters, including 

10 interactions with other countries of proliferation 

11 concern and the actual or suspected nuclear, 

12 dual-use, or missile-related transfers to such 

13 countries.’’; and 

14 (B) by striking ‘‘Each Nuclear Prolifera15 tion Assessment Statement prepared pursuant 

16 to this Act shall be accompanied by a classified 

17 annex, prepared in consultation with the Direc18 tor of Central Intelligence,’’ and inserting 

19 ‘‘Each Nuclear Proliferation Assessment State20 ment prepared pursuant to this Act shall be ac21 companied by a classified annex prepared by 

22 the Director of National Intelligence and the 

23 Secretary of State’’; 

24 (2) in subsection b., by inserting ‘‘and in addi25 tion has submitted such Nuclear Proliferation AsVerDate Mar 15 2010 00:45 Aug 02, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S1458.PCS S1458

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1 sessment Statement and any annexes to accompany 

2 it to the Select Committee on Intelligence of the 

3 Senate and the Permanent Select Committee on In4 telligence of the House of Representatives,’’ after 

5 ‘‘Representatives,’’; and 

6 (3) in subsection d., in the first proviso, by 

7 striking ‘‘prepared by the Secretary of State,’’ and 

8 inserting ‘‘prepared pursuant to this section,’’. 

9 SEC. 306. DETAINEES HELD AT UNITED STATES NAVAL STA10 TION, GUANTANAMO BAY, CUBA. 

11 (a) DEPARTMENT OF HOMELAND SECURITY APPRO12 PRIATIONS ACT, 2010.—Subsection (e) of section 552 of 

13 the Department of Homeland Security Appropriations 

14 Act, 2010 (Public Law 111–83; 123 Stat. 2178) is amend15 ed— 

16 (1) in the matter preceding paragraph (1), by 

17 striking ‘‘15 days’’ and inserting ‘‘30 days’’; 

18 (2) in paragraph (3), by striking ‘‘such agree19 ment.’’ and inserting ‘‘such agreement and any mon20 itoring assurances provided by such government.’’; 

21 and 

22 (3) by adding at the end the following new 

23 paragraph: 


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1 ‘‘(4) The agency or department of the United 

2 States responsible for ensuring that the agreement 

3 described in paragraph (3) is carried out.’’. 

4 (b) DEPARTMENT OF THE INTERIOR, ENVIRONMENT, 

5 AND RELATED AGENCIES APPROPRIATIONS ACT, 2010.— 

6 Subsection (e) of section 428 of the Department of the 

7 Interior, Environment, and Related Agencies Appropria8 tions Act, 2010 (division A of Public Law 111–88; 123 

9 Stat. 2963) is amended— 

10 (1) in the matter preceding paragraph (1), by 

11 striking ‘‘15 days’’ and inserting ‘‘30 days’’; 

12 (2) in paragraph (3), by striking ‘‘such agree13 ment.’’ and inserting ‘‘such agreement and any mon14 itoring assurances provided by such government.’’; 

15 and 

16 (3) by adding at the end the following new 

17 paragraph: 

18 ‘‘(4) The agency or department of the United 

19 States responsible for ensuring that the agreement 

20 described in paragraph (3) is carried out.’’. 


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1 SEC. 307. UPDATES OF INTELLIGENCE RELATING TO TER2 RORIST RECIDIVISM OF DETAINEES HELD AT 

3 UNITED STATES NAVAL STATION, GUANTA4 NAMO BAY, CUBA. 

5 Section 334 of the Intelligence Authorization Act for 

6 Fiscal Year 2010 (Public Law 111–259; 124 Stat. 2688) 

7 is amended— 

8 (1) in the matter preceding paragraph (1), by 

9 inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Not’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) UPDATES.— 

13 ‘‘(1) REQUIREMENT FOR UPDATES.—Not less 

14 frequently than once every 6 months, the Director of 

15 National Intelligence, in consultation with the Direc16 tor of the Central Intelligence Agency and the Sec17 retary of Defense, shall update and make publicly 

18 available an unclassified summary consisting of the 

19 information required by subsection (a) and the num20 ber of individuals formerly detained at the Naval 

21 Detention Facility at Guantanamo Bay, Cuba, who 

22 are confirmed or suspected recidivists. 

23 ‘‘(2) INITIAL UPDATE.—The initial update re24 quired by paragraph (1) shall be made publicly 

25 available not later than 10 days after the date the 

26 first report following the date of the enactment of 


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1 the Intelligence Authorization Act for Fiscal Year 

2 2012 is submitted to members and committees of 

3 Congress pursuant to section 319 of the Supple4 mental Appropriations Act, 2009 (Public Law 111– 

5 32; 10 U.S.C. 801 note).’’. 

6 SEC. 308. SUBMISSION OF INFORMATION ON GUANTANAMO 

7 BAY DETAINEE TRANSFERS. 

8 (a) REQUIREMENT FOR SUBMISSION.—Not later 

9 than 45 days after the date of the enactment of this Act, 

10 the Director of National Intelligence, in coordination with 

11 the Secretary of State, shall submit to the congressional 

12 intelligence committees information concerning the trans13 fer or potential transfer of individuals who are or have 

14 been detained by the United States at Naval Station, 

15 Guantanamo Bay, Cuba. 

16 (b) INFORMATION REQUIRED.—The information re17 quired by subsection (a) shall include the following: 

18 (1) An assessment of the sufficiency of the 

19 monitoring undertaken by each foreign country to 

20 which an individual referred to in subsection (a) has 

21 been transferred. 

22 (2) Any written or verbal agreement between 

23 the Secretary of State and the government of a for24 eign country that describes monitoring and security 

25 assurances related to such an individual. 


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1 (3) Each Department of State cable, memo2 randum, or report relating to or describing the 

3 threat such an individual may or may not pose. 

4 SEC. 309. ENHANCED PROCUREMENT AUTHORITY TO MAN5 AGE SUPPLY CHAIN RISK. 

6 (a) DEFINITIONS.—In this section: 

7 (1) COVERED AGENCY.—The term ‘‘covered 

8 agency’’ means any element of the intelligence com9 munity other than an element within the Depart10 ment of Defense. 

11 (2) COVERED ITEM OF SUPPLY.—The term 

12 ‘‘covered item of supply’’ means an item of informa13 tion technology (as that term is defined in section 

14 11101 of title 40, United States Code) that is pur15 chased for inclusion in a covered system, and the 

16 loss of integrity of which could result in a supply 

17 chain risk for a covered system. 

18 (3) COVERED PROCUREMENT.—The term ‘‘cov19 ered procurement’’ means— 

20 (A) a source selection for a covered system 

21 or a covered item of supply; or 

22 (B) any contract action involving a con23 tract for a covered system or a covered item of 

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1 tablishing requirements relating to supply chain 

2 risk. 

3 (4) COVERED PROCUREMENT ACTION.—The 

4 term ‘‘covered procurement action’’ means any of 

5 the following actions, if the action takes place in the 

6 course of conducting a covered procurement: 

7 (A) The exclusion of a source for the pur8 pose of reducing supply chain risk in the acqui9 sition of covered systems. 

10 (B) The exclusion of a source that fails to 

11 achieve an acceptable rating with regard to an 

12 evaluation factor providing for the consideration 

13 of supply chain risk in the evaluation of pro14 posals for the award of a contract or the 

15 issuance of a task or delivery order. 

16 (C) The decision to withhold consent for a 

17 contractor to subcontract with a particular 

18 source or to direct a contractor for a covered 

19 system to exclude a particular source from con20 sideration for a subcontract under the contract. 

21 (5) COVERED SYSTEM.— 

22 (A) IN GENERAL.—The term ‘‘covered sys23 tem’’ means any information system (including 

24 any telecommunications system) used or oper25 ated by an agency or by a contractor of an 


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1 agency, or other organization on behalf of an 

2 agency— 

3 (i) the function, operation, or use of 

4 which— 

5 (I) involves intelligence activities; 

6 (II) involves cryptologic activities 

7 related to national security; 

8 (III) involves command and con9 trol of military forces; 

10 (IV) involves equipment that is 

11 an integral part of a weapon or weap12 ons system; or 

13 (V) subject to subparagraph (B), 

14 is critical to the direct fulfillment of 

15 military or intelligence missions; or 

16 (ii) is protected at all times by proce17 dures established for information that have 

18 been specifically authorized under criteria 

19 established by an Executive order or an 

20 Act of Congress to be kept classified in the 

21 interest of national defense or foreign pol22 icy. 

23 (B) EXCEPTION OF ADMINISTRATIVE AND

24 BUSINESS APPLICATIONS.—Subparagraph 

25 (A)(i)(V) does not include a system that is to 


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1 be used for routine administrative and business 

2 applications (including payroll, finance, logis3 tics, and personnel management applications). 

4 (6) SUPPLY CHAIN RISK.—The term ‘‘supply 

5 chain risk’’ means the risk that an adversary may 

6 sabotage, maliciously introduce unwanted function, 

7 or otherwise subvert the design, integrity, manufac8 turing, production, distribution, installation, oper9 ation, or maintenance of a covered system so as to 

10 surveil, deny, disrupt, or otherwise degrade the func11 tion, use, or operation of such system. 

12 (b) AUTHORITY.—Subject to subsection (c), the head 

13 of a covered agency may, in conducting intelligence and 

14 intelligence-related activities— 

15 (1) carry out a covered procurement action; and 

16 (2) limit, notwithstanding any other provision 

17 of law, in whole or in part, the disclosure of informa18 tion relating to the basis for carrying out a covered 

19 procurement action. 

20 (c) DETERMINATION AND NOTIFICATION.—The head 

21 of a covered agency may exercise the authority provided 

22 in subsection (b) only after— 

23 (1) any appropriate consultation with procure24 ment or other relevant officials of the covered agen25 cy; 


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1 (2) making a determination in writing, in un2 classified or classified form, that— 

3 (A) use of the authority in subsection 

4 (b)(1) is necessary to protect national security 

5 by reducing supply chain risk; 

6 (B) less intrusive measures are not reason7 ably available to reduce such supply chain risk; 

8 and 

9 (C) in a case where the head of the covered 

10 agency plans to limit disclosure of information 

11 under subsection (b)(2), the risk to national se12 curity due to the disclosure of such information 

13 outweighs the risk due to not disclosing such 

14 information; 

15 (3) notifying the Director of National Intel16 ligence that there is a significant supply chain risk 

17 to the covered system concerned, unless the head of 

18 the covered agency making the determination is the 

19 Director of National Intelligence; and 

20 (4) providing a classified or unclassified notice 

21 of the determination made under paragraph (2) to 

22 the congressional intelligence committees that in23 cludes a summary of the basis for the determination, 

24 including a discussion of less intrusive measures that 


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1 were considered and why they were not reasonably 

2 available to reduce supply chain risk. 

3 (d) SAVINGS.—The authority under this section is in 

4 addition to any other authority under any other provision 

5 of law. The authority under this section shall not be con6 strued to alter or effect the exercise of any other provision 

7 of law. 

8 (e) EFFECTIVE DATE.—The requirements of this sec9 tion shall take effect on the date that is 180 days after 

10 the date of the enactment of this Act and shall apply to 

11 contracts that are awarded on or after such date. 

12 (f) SUNSET.—The authority provided in this section 

13 shall expire on the date that section 806 of the Ike Skelton 

14 National Defense Authorization Act for Fiscal Year 2011 

15 (Public Law 111–383; 10 U.S.C. 2304 note) expires. 

16 SEC. 310. REPORT ON BURIAL ALLOWANCES. 

17 Not later than September 1, 2011, the Director of 

18 the Office of Personnel Management, in consultation with 

19 the Director of National Intelligence, the Secretary of 

20 Labor, and the Secretary of Defense, shall submit to the 

21 congressional intelligence committees a report on current 

22 burial allowances for Federal civilian or military per23 sonnel. Such report shall include any recommendations of 

24 the Director for legislation to provide for burial allowances 

25 at a level which adequately addresses the cost of burials 


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1 and provides for equitable treatment across the United 

2 States Government. 

3 SEC. 311. MODIFICATION OF CERTAIN REPORTING RE4 QUIREMENTS. 

5 (a) INTELLIGENCE REFORM AND TERRORISM PRE6 VENTION ACT OF 2004.—Section 1041(b) of the Intel7 ligence Reform and Terrorism Prevention Act of 2004 (50 

8 U.S.C. 403–1b(b)) is amended by striking paragraphs (3) 

9 and (4). 

10 (b) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

11 YEAR 2003.—Section 904(d)(1) of the Intelligence Au12 thorization Act for Fiscal Year 2003 (50 U.S.C. 

13 402c(d)(1)) is amended by striking ‘‘on an annual basis’’. 

14 (c) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

15 YEAR 1997.—Section 721 of the Intelligence Authoriza16 tion Act for Fiscal Year 1997 (50 U.S.C. 2366) is amend17 ed by adding at the end the following new subsection: 

18 ‘‘(d) EFFECTIVE DATE.—This section shall be in ef19 fect until January 1, 2011.’’. 

20 (d) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

21 YEAR 1995.—Section 809 of the Intelligence Authoriza22 tion Act for Fiscal Year 1995 (50 U.S.C. App. 2170b) 

23 is amended— 

24 (1) by striking subsection (b); and 


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1 (2) in subsection (c), by striking ‘‘reports re2 ferred to in subsections (a) and (b)’’ and inserting 

3 ‘‘report referred to in subsection (a)’’. 

4 (e) REPORT ON TEMPORARY PERSONNEL AUTHOR5 IZATIONS FOR CRITICAL LANGUAGE TRAINING.—Para6 graph (3)(D) of section 102A(e) of the National Security 

7 Act of 1947 (50 U.S.C. 403–1(e)), as amended by section 

8 306 of the Intelligence Authorization Act for Fiscal Year 

9 2010 (Public Law 111–259; 124 Stat. 2661), is amended 

10 by striking ‘‘The’’ and inserting ‘‘For each of the fiscal 

11 years 2010, 2011, and 2012, the’’. 

12 TITLE IV—MATTERS RELATING 

13 TO ELEMENTS OF THE INTEL14 LIGENCE COMMUNITY 

15 Subtitle A—Office of the Director 

16 of National Intelligence 

17 SEC. 401. TEMPORARY APPOINTMENT TO FILL VACANCIES 

18 WITHIN OFFICE OF THE DIRECTOR OF NA19 TIONAL INTELLIGENCE. 

20 Section 103 of the National Security Act of 1947 (50 

21 U.S.C. 403–3) is amended— 

22 (1) by redesignating subsection (e) as sub23 section (f); and 

24 (2) by inserting after subsection (d) the fol25 lowing new subsection: 


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1 ‘‘(e) TEMPORARY FILLING OF VACANCIES.—With re2 spect to filling temporarily a vacancy in an office within 

3 the Office of the Director of National Intelligence (other 

4 than that of the Director of National Intelligence), section 

5 3345(a)(3) of title 5, United States Code, may be ap6 plied— 

7 ‘‘(1) in the matter preceding subparagraph (A), 

8 by substituting ‘an element of the intelligence com9 munity, as that term is defined in section 3(4) of the 

10 National Security Act of 1947,’ for ‘such Executive 

11 agency’; and 

12 ‘‘(2) in subparagraph (A), by substituting ‘the 

13 intelligence community’ for ‘such agency’.’’. 

14 SEC. 402. APPLICATION OF CERTAIN FINANCIAL REPORT15 ING REQUIREMENTS TO THE OFFICE OF THE 

16 DIRECTOR OF NATIONAL INTELLIGENCE. 

17 For each of the fiscal years 2010, 2011, and 2012, 

18 the requirements of section 3515 of title 31, United States 

19 Code, to submit an audited financial statement shall not 

20 apply to the Office of the Director of National Intelligence 

21 if the Director of National Intelligence determines and no22 tifies the congressional intelligence committees that au23 dited financial statements for such years for such Office 

24 cannot be produced on a cost-effective basis. 


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1 SEC. 403. PUBLIC AVAILABILITY OF INFORMATION RE2 GARDING THE INSPECTOR GENERAL OF THE 

3 INTELLIGENCE COMMUNITY. 

4 Section 103H of the National Security Act of 1947 

5 (50 U.S.C. 403–3h) is amended by adding at the end the 

6 following new subsection: 

7 ‘‘(o) INFORMATION ON WEBSITE.—(1) The Director 

8 of National Intelligence shall establish and maintain on 

9 the homepage of the publicly accessible website of the Of10 fice of the Director of National Intelligence information 

11 relating to the Office of the Inspector General of the Intel12 ligence Community including methods to contact the In13 spector General. 

14 ‘‘(2) The information referred to in paragraph (1) 

15 shall be obvious and facilitate accessibility to the informa16 tion related to the Office of the Inspector General of the 

17 Intelligence Community.’’. 

18 SEC. 404. TECHNICAL CORRECTION TO THE EXECUTIVE 

19 SCHEDULE. 

20 Section 5315 of title 5, United States Code, is 

21 amended by inserting after the item relating to the Chief 

22 Information Officer, Small Business Administration the 

23 following new item: 

24 ‘‘Chief Information Officer of the Intelligence 

25 Community.’’. 


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1 Subtitle B—Central Intelligence 

2 Agency 

3 SEC. 411. FOREIGN LANGUAGE PROFICIENCY REQUIRE4 MENTS FOR CENTRAL INTELLIGENCE AGEN5 CY OFFICERS. 

6 (a) IN GENERAL.—Section 104A(g) of the National 

7 Security Act of 1947 (50 U.S.C. 403–4a(g)) is amended— 

8 (1) in paragraph (1)— 

9 (A) in the matter preceding subparagraph 

10 (A)— 

11 (i) by inserting ‘‘in the Directorate of 

12 Intelligence career service or the National 

13 Clandestine Service career service’’ after 

14 ‘‘an individual’’; 

15 (ii) by inserting ‘‘or promoted’’ after 

16 ‘‘appointed’’; and 

17 (iii) by striking ‘‘individual—’’ and in18 serting ‘‘individual has been certified as 

19 having a professional speaking and reading 

20 proficiency in a foreign language, such pro21 ficiency being at least level 3 on the Inter22 agency Language Roundtable Language 

23 Skills Level or commensurate proficiency 

24 level using such other indicator of proVerDate Mar 15 2010 00:45 Aug 02, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1458.PCS S1458

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1 ficiency as the Director of the Central In2 telligence Agency considers appropriate.’’; 

3 (B) by striking subparagraphs (A) and 

4 (B); and 

5 (2) in paragraph (2), by striking ‘‘position or 

6 category of positions’’ both places that term appears 

7 and inserting ‘‘position, category of positions, or oc8 cupation’’. 

9 (b) EFFECTIVE DATE.—Section 611(b) of the Intel10 ligence Authorization Act for Fiscal Year 2005 (Public 

11 Law 108–487; 50 U.S.C. 403–4a note) is amended— 

12 (1) by inserting ‘‘or promotions’’ after ‘‘ap13 pointments’’; and 

14 (2) by striking ‘‘that is one year after the 

15 date’’. 

16 (c) REPORT ON WAIVERS.—Section 611(c) of the In17 telligence Authorization Act for Fiscal Year 2005 (Public 

18 Law 108–487; 118 Stat. 3955) is amended— 

19 (1) in the first sentence— 

20 (A) by striking ‘‘positions’’ and inserting 

21 ‘‘individual waivers’’; and 

22 (B) by striking ‘‘Directorate of Oper23 ations’’ and inserting ‘‘National Clandestine 

24 Service’’; and 


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1 (2) in the second sentence, by striking ‘‘position 

2 or category of positions’’ and inserting ‘‘position, 

3 category of positions, or occupation’’. 

4 (d) REPORT ON TRANSFERS.—Not later than 45 

5 days after the date of the enactment of this Act, and on 

6 an annual basis for each of the following 3 years, the Di7 rector of the Central Intelligence Agency shall submit to 

8 the congressional intelligence committees a report on the 

9 number of Senior Intelligence Service employees of the 

10 Agency who— 

11 (1) were transferred during the reporting period 

12 to a Senior Intelligence Service position in the Direc13 torate of Intelligence career service or the National 

14 Clandestine Service career service; and 

15 (2) did not meet the foreign language require16 ments specified in section 104A(g)(1) of the Na17 tional Security Act of 1947 (50 U.S.C. 403– 

18 4a(g)(1)) at the time of such transfer. 

19 SEC. 412. ACCEPTANCE OF GIFTS. 

20 Section 12 of the Central Intelligence Agency Act of 

21 1949 (50 U.S.C. 403l(a)) is amended— 

22 (1) in subsection (a)— 

23 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

24 (B) by striking the second and third sen25 tences and inserting the following: 


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1 ‘‘(2) Any gift accepted under this section (and any 

2 income produced by any such gift)— 

3 ‘‘(A) may be used only for—’’ 

4 ‘‘(i) artistic display; 

5 ‘‘(ii) purposes relating to the general wel6 fare, education, or recreation of employees or 

7 dependents of employees of the Agency or for 

8 similar purposes; or 

9 ‘‘(iii) purposes relating to the welfare, edu10 cation, or recreation of an individual described 

11 in paragraph (3); and 

12 ‘‘(B) under no circumstances may such a gift 

13 (or any income produced by any such gift) be used 

14 for operational purposes. 

15 ‘‘(3) An individual described in this paragraph is an 

16 individual who— 

17 ‘‘(A) is an employee or a former employee of 

18 the Agency who suffered injury or illness while em19 ployed by the Agency that— 

20 ‘‘(i) resulted from hostile or terrorist ac21 tivities; 

22 ‘‘(ii) occurred in connection with an intel23 ligence activity having a significant element of 

24 risk; or 


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1 ‘‘(iii) occurred under other circumstances 

2 determined by the Director to be analogous to 

3 the circumstances described in clause (i) or (ii); 

4 ‘‘(B) is a family member of such an employee 

5 or former employee; or 

6 ‘‘(C) is a surviving family member of an em7 ployee of the Agency who died in circumstances de8 scribed in clause (i), (ii), or (iii) of subparagraph 

9 (A). 

10 ‘‘(4) The Director may not accept any gift under this 

11 section which is expressly conditioned upon any expendi12 ture not to be met from the gift itself or from income pro13 duced by the gift unless such expenditure has been author14 ized by law. 

15 ‘‘(5) The Director may, in the Director’s discretion, 

16 assign a gift accepted under the authority in this section 

17 to an individual described in paragraph (3) for the pur18 poses described in paragraph (2)(iii).’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(f) The Director, in consultation with the Director 

22 of the Office of Government Ethics, shall issue regulations 

23 to carry out the authority provided in this section. Such 

24 regulations shall ensure that such authority is exercised 


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1 consistent with all relevant ethical constraints and prin2 ciples, including— 

3 ‘‘(1) the avoidance of any prohibited conflict of 

4 interest or appearance of impropriety; and 

5 ‘‘(2) a prohibition against the acceptance of a 

6 gift from a foreign government or an agent of a for7 eign government.’’. 

8 SEC. 413. PUBLIC AVAILABILITY OF INFORMATION RE9 GARDING THE INSPECTOR GENERAL OF THE 

10 CENTRAL INTELLIGENCE AGENCY. 

11 Section 17 of the Central Intelligence Agency Act of 

12 1949 (50 U.S.C. 403q) is amended by adding at the end 

13 the following new subsection: 

14 ‘‘(h) INFORMATION ON WEBSITE.—(1) The Agency 

15 shall establish and maintain on the homepage of the Agen16 cy’s publicly accessible website information relating to the 

17 Office of the Inspector General including methods to con18 tact the Inspector General. 

19 ‘‘(2) The information referred to in paragraph (1) 

20 shall be obvious and facilitate accessibility to the informa21 tion related to the Office of the Inspector General.’’. 

22 SEC. 414. RECRUITMENT OF PERSONNEL IN THE OFFICE OF 

23 THE INSPECTOR GENERAL. 

24 (a) STUDY.—The Director of the Central Intelligence 

25 Agency, in consultation with the Inspector General of the 


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1 Central Intelligence Agency, shall carry out a study of the 

2 personnel issues of the Office of the Inspector General. 

3 Such study shall include— 

4 (1) identification of any barriers or disincen5 tives to the recruitment or retention of experienced 

6 investigators within the Office of the Inspector Gen7 eral; and 

8 (2) a comparison of the personnel authorities of 

9 the Inspector General with personnel authorities of 

10 Inspectors General of other agencies and depart11 ments of the United States, including a comparison 

12 of the benefits available to experienced investigators 

13 within the Office of the Inspector General of the 

14 Central Intelligence Agency with similar benefits 

15 available within the offices of Inspectors General of 

16 such other agencies or departments. 

17 (b) RECOMMENDATIONS.—Not later than 90 days 

18 after the date of the enactment of this Act, the Director 

19 of the Central Intelligence Agency shall submit to the con20 gressional intelligence committees— 

21 (1) any recommendations of the Director for 

22 legislative action based on the results of the study 

23 conducted under subsection (a); and 

24 (2) a description of any administrative actions 

25 taken by the Director based on such results. 


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1 Subtitle C—National Security 

2 Agency 

3 SEC. 421. CONFIRMATION OF APPOINTMENT OF THE DI4 RECTOR OF THE NATIONAL SECURITY AGEN5 CY. 

6 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.— 

7 Section 2 of the National Security Agency Act of 1959 

8 (50 U.S.C. 402 note) is amended— 

9 (1) by inserting ‘‘(b)’’ before ‘‘There’’; and 

10 (2) by inserting before subsection (b), as so 

11 designated by paragraph (1), the following new sub12 section 

13 ‘‘(a)(1) There is a Director of the National Security 

14 Agency. 

15 ‘‘(2) The Director of the National Security Agency 

16 shall be appointed by the President, by and with the advice 

17 and consent of the Senate. 

18 ‘‘(3) The Director of the National Security Agency 

19 shall be the head of the National Security Agency and 

20 shall discharge such functions and duties as are provided 

21 by this Act or otherwise by law.’’. 

22 (b) POSITIONS OF IMPORTANCE AND RESPONSI23 BILITY.—The President may designate the Director of the 

24 National Security Agency as a position of importance and 


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1 responsibility under section 601 of title 10, United States 

2 Code. 

3 (c) EFFECTIVE DATE AND APPLICABILITY.— 

4 (1) IN GENERAL.—The amendments made by 

5 subsection (a) shall take effect on the date of the en6 actment of this Act and shall apply upon the earlier 

7 of— 

8 (A) the date of the nomination by the 

9 President of an individual to serve as the Direc10 tor of the National Security Agency, except that 

11 the individual serving as such Director as of the 

12 date of the enactment of this Act may continue 

13 to perform such duties after such date of nomi14 nation and until the individual appointed as 

15 such Director, by and with the advice and con16 sent of the Senate, assumes the duties of such 

17 Director; or 

18 (B) the date of the cessation of the per19 formance of the duties of such Director by the 

20 individual performing such duties as of the date 

21 of the enactment of this Act. 

22 (2) POSITIONS OF IMPORTANCE AND RESPONSI23 BILITY.—Subsection (b) shall take effect on the date 

24 of the enactment of this Act. 


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1 SEC. 422. ADDITIONAL AUTHORITIES FOR NATIONAL SECU2 RITY AGENCY SECURITY PERSONNEL. 

3 (a) AUTHORITY TO TRANSPORT APPREHENDED

4 PERSONS.—Paragraph (5) of section 11(a) of the Na5 tional Security Agency Act of 1959 (50 U.S.C. 402 note) 

6 is amended to read as follows: 

7 ‘‘(5) Agency personnel authorized by the Director 

8 under paragraph (1) may transport an individual appre9 hended under the authority of this section from the prem10 ises at which the individual was apprehended, as described 

11 in subparagraph (A) or (B) of paragraph (1), for the pur12 pose of transferring such individual to the custody of law 

13 enforcement officials. Such transportation may be pro14 vided only to make a transfer of custody at a location with15 in 30 miles of the premises described in subparagraphs 

16 (A) and (B) of paragraph (1).’’. 

17 (b) CONFORMING AMENDMENT RELATING TO TORT

18 LIABILITY.—Paragraph (1) of section 11(d) of the Na19 tional Security Agency Act of 1959 (50 U.S.C. 402 note) 

20 is amended— 

21 (1) in subparagraph (B), by striking ‘‘or’’ at 

22 the end; 

23 (2) in subparagraph (C), by striking the period 

24 at the end and inserting ‘‘; or’’; and 

25 (3) by adding at the end the following new sub26 paragraph: 


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1 ‘‘(D) transport an individual pursuant to sub2 section (a)(2).’’. 

3 Subtitle D—Other Elements 

4 SEC. 431. APPROPRIATIONS FOR DEFENSE INTELLIGENCE 

5 ELEMENTS: ACCOUNTS FOR TRANSFER; 

6 TRANSFER. 

7 (a) IN GENERAL.—Subchapter I of chapter 21 of title 

8 10, United States Code, is amended by adding at the end 

9 the following new section: 

10 ‘‘§ 429. Appropriations for defense intelligence ele11 ments: accounts for transfer; transfer 

12 ‘‘(a) TRANSFER OF APPROPRIATIONS FOR DEFENSE

13 INTELLIGENCE ELEMENTS.—In addition to any other 

14 transfer authority available to the Secretary of Defense 

15 and notwithstanding section 1501 of title 31, United 

16 States Code, there may be transferred to an account es17 tablished pursuant to subsection (b) the following: 

18 ‘‘(1) Appropriations transferred by the Sec19 retary of Defense from appropriations of the Depart20 ment of Defense available for intelligence, intel21 ligence-related activities, and communications. 

22 ‘‘(2) Appropriations and other amounts trans23 ferred by the Director of National Intelligence. 


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1 ‘‘(3) Amounts and reimbursements in connec2 tion with transactions authorized by law between the 

3 defense intelligence elements and other entities. 

4 ‘‘(b) ACCOUNTS FOR APPROPRIATIONS FOR DEFENSE

5 INTELLIGENCE ELEMENTS.—The Secretary of the Treas6 ury shall establish one or more accounts for the receipt 

7 of appropriations and other amounts transferred pursuant 

8 to subsection (a). 

9 ‘‘(c) AVAILABILITY AND USE OF FUNDS.—Funds 

10 transferred to an account established under subsection (b) 

11 shall remain available for the same time period, and shall 

12 be available for the same purpose, as the original appro13 priations from which the funds were transferred. 

14 ‘‘(d) AVAILABILITY OF APPROPRIATIONS AND

15 AMOUNTS TRANSFERRED.—(1) Appropriations trans16 ferred pursuant to subsection (a) shall remain available 

17 for the same time period, and shall be available for the 

18 same purposes, as the appropriations from which trans19 ferred. 

20 ‘‘(2) Appropriation balances in an account estab21 lished pursuant to subsection (b) may be transferred back 

22 to the account or accounts from which such balances origi23 nated as an appropriation refund. 

24 ‘‘(e) DEFENSE INTELLIGENCE ELEMENT DE25 FINED.—In this section, the term ‘Defense intelligence 


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1 element’ means any agency, office, or element of the De2 partment of Defense that is an element of the intelligence 

3 community (as that term is defined in section 3(4) of the 

4 National Security Act of 1947 (50 U.S.C. 401a(4)).’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of subchapter I of chapter 21 of such 

7 title is amended by inserting after the item relating to sec8 tion 428 the following new item: 

‘‘429. Appropriations for defense intelligence elements: accounts for transfer; 

transfer.’’. 

9 SEC. 432. FEDERAL BUREAU OF INVESTIGATION PARTICI10 PATION IN THE DEPARTMENT OF JUSTICE 

11 LEAVE BANK. 

12 Subsection (b) of section 6372 of title 5, United 

13 States Code, is amended to read as follows: 

14 ‘‘(b)(1) Except as provided in paragraph (2) and not15 withstanding any other provision of this subchapter, nei16 ther an excepted agency nor any individual employed in 

17 or under an excepted agency may be included in a leave 

18 bank program established under any of the preceding pro19 visions of this subchapter. 

20 ‘‘(2) Notwithstanding any other provision of law, the 

21 Director of the Federal Bureau of Investigation may au22 thorize an individual employed in the Bureau to partici23 pate in a leave bank program administered by the Depart24 ment of Justice under this subchapter if in the Director’s 


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1 judgment such participation will not adversely affect the 

2 protection of intelligence sources and methods.’’. 

3 SEC. 433. INTELLIGENCE COMMUNITY MEMBERSHIP OF 

4 THE OFFICE OF INTELLIGENCE AND ANAL5 YSIS OF THE DEPARTMENT OF HOMELAND 

6 SECURITY. 

7 Section 3(4)(K) of the National Security Act of 1947 

8 (50 U.S.C. 401a(4)(K)) is amended to read as follows: 

9 ‘‘(K) The Office of Intelligence and Anal10 ysis of the Department of Homeland Security.’’. 

11 TITLE V—OTHER MATTERS 

12 SEC. 501. CONFORMING THE FISA AMENDMENTS ACT OF 

13 2008 SUNSET WITH OTHER FISA SUNSETS. 

14 (a) EXTENSION.—Section 403(b)(1) of the FISA 

15 Amendments Act of 2008 (Public Law 110–261; 50 

16 U.S.C. 1881 note) is amended by striking ‘‘December 31, 

17 2012’’ and inserting ‘‘June 1, 2015’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 Section 403(b)(2) of such Act (Public Law 110–261; 122 

20 Stat. 2474) is amended by striking ‘‘December 31, 2012’’ 

21 and inserting ‘‘June 1, 2015’’. 

22 (c) ORDERS IN EFFECT.—Section 404(b)(1) of such 

23 Act (Public Law 110–261; 50 U.S.C. 1801 note) is 

24 amended in the heading by striking ‘‘DECEMBER 31, 

25 2012’’ and inserting ‘‘JUNE 1, 2015’’. 


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1 SEC. 502. TECHNICAL AMENDMENTS TO THE NATIONAL SE2 CURITY ACT OF 1947. 

3 The National Security Act of 1947 (50 U.S.C. 401 

4 et seq.) is amended— 

5 (1) in section 3(6) (50 U.S.C. 401a(6)), by 

6 striking ‘‘Director of Central Intelligence’’ and in7 serting ‘‘Director of National Intelligence’’; 

8 (2) in section 506(b) (50 U.S.C. 415a(b)), by 

9 striking ‘‘Director of Central Intelligence.’’ and in10 serting ‘‘Director of National Intelligence.’’; and 

11 (3) in section 506A(c)(2)(C) (50 U.S.C. 415a– 

12 1(c)(2)(C)), by striking ‘‘National Foreign Intel13 ligence Program’’ both places that term appears and 

14 inserting ‘‘National Intelligence Program’’. 

15 SEC. 503. TECHNICAL AMENDMENTS TO TITLE 18, UNITED 

16 STATES CODE. 

17 Section 351(a) of title 18, United States Code, is 

18 amended— 

19 (1) by inserting ‘‘the Director (or a person 

20 nominated to be Director during the pendency of 

21 such nomination) or Principal Deputy Director of 

22 National Intelligence,’’ after ‘‘in such department,’’; 

23 and 

24 (2) by striking ‘‘Central Intelligence,’’ and in25 serting ‘‘the Central Intelligence Agency,’’. 


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Calendar No. 124 

112TH CONGRESS 

1ST SESSION S. 1458 

[Report No. 112–43] 

A BILL 

To authorize appropriations for fiscal year 2012 for 

tem, and for other purposes. ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Community intelligence and intelligence-related activities of 

AUGUST 1, 2011 

Read twice and placed on the calendar 


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