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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1892 Engrossed in House (EH)]

112th CONGRESS
  1st Session
                                H. R. 1892

_______________________________________________________________________

                                 AN ACT

 
 To authorize appropriations for fiscal year 2012 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

    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. Enhanced procurement authority to manage supply chain risk.
Sec. 309. Modification of certain reporting requirements.
Sec. 310. Counterterrorism Competitive Analysis Commission.
  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.
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. Burial allowance.
Sec. 412. Acceptance of gifts.
Sec. 413. Foreign language proficiency requirements for Central 
                            Intelligence Agency officers.
Sec. 414. Public availability of information regarding the Inspector 
                            General of the Central Intelligence Agency.
Sec. 415. Creating an official record of the Osama bin Laden operation.
Sec. 416. 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. 2. DEFINITIONS.

    In this Act:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2012 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and, subject to section 
104, 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 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 
        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:
    ``(v) Authority To Establish Positions in Excepted Service.--(1) 
The Director of National Intelligence, with the concurrence of the head 
of the covered department concerned and in consultation with the 
Director of the Office of Personnel Management, may--
            ``(A) convert competitive service positions, and the 
        incumbents of such positions, within an element of the 
        intelligence community in such department, to excepted service 
        positions as the Director of National Intelligence determines 
        necessary to carry out the intelligence functions of such 
        element; and
            ``(B) establish new positions in the excepted service 
        within an element of the intelligence community in such 
        department, if the Director of National Intelligence determines 
        such positions are necessary to carry out the intelligence 
        functions of such element.
    ``(2) An incumbent occupying a position on the date of the 
enactment of the Intelligence Authorization Act for Fiscal Year 2012 
selected to be converted to the excepted service under this section 
shall have the right to refuse such conversion. Once such individual no 
longer occupies the position, the position may be converted to the 
excepted service.
    ``(3) In this subsection, the term `covered department' means the 
Department of Energy, the Department of Homeland Security, the 
Department of State, or the Department of the Treasury.''.

SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS.

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

SEC. 306. COST ESTIMATES.

    (a) In General.--Section 506A of the National Security Act of 1947 
(50 U.S.C. 415a-1) is amended--
            (1) in subsection (a)(2)--
                    (A) by inserting ``(A)'' after ``(2)''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B) For major system acquisitions requiring a service or 
capability from another acquisition or program to deliver the end-to-
end functionality for the intelligence community end users, independent 
cost estimates shall include, to the maximum extent practicable, all 
estimated costs across all pertinent elements of the intelligence 
community. For collection programs, such cost estimates shall include 
the cost of new analyst training, new hardware and software for data 
exploitation and analysis, and any unique or additional costs for data 
processing, storing, and power, space, and cooling across the life 
cycle of the program. If such costs for processing, exploitation, 
dissemination, and storage are scheduled to be executed in other 
elements of the intelligence community, the independent cost estimate 
shall identify and annotate such costs for such other elements 
accordingly.''; and
            (2) in subsection (e)(2)--
                    (A) by inserting ``(A)'' after ``(2)'';
                    (B) in subparagraph (A), as so designated, by 
                striking ``associated with the acquisition of a major 
                system,'' and inserting ``associated with the 
                development, acquisition, procurement, operation, and 
                sustainment of a major system across its proposed life 
                cycle,''; and
                    (C) by adding at the end the following:
            ``(B) In accordance with subsection (a)(2)(B), each 
        independent cost estimate shall include all costs required 
        across elements of the intelligence community to develop, 
        acquire, procure, operate, and sustain the system to provide 
        the end-to-end intelligence functionality of the system, 
        including--
                    ``(i) for collection programs, the cost of new 
                analyst training, new hardware and software for data 
                exploitation and analysis, and any unique or additional 
                costs for data processing, storing, and power, space, 
                and cooling across the life cycle of the program; and
                    ``(ii) costs for processing, exploitation, 
                dissemination, and storage costs are scheduled to be 
                executed in other elements of the intelligence 
                community, such element shall identify and annotate 
                such costs accordingly.''.
    (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 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. 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.
            (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; or
                    (B) 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 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.--
                    (A) In general.--The term ``covered system'' means 
                any information system (including any 
                telecommunications system) used or operated by an 
                agency or by a contractor of an agency, or other 
                organization on behalf of an agency--
                            (i) the function, operation, or use of 
                        which--
                                    (I) involves intelligence 
                                activities;
                                    (II) involves cryptologic 
                                activities related to national 
                                security;
                                    (III) involves command and control 
                                of military forces;
                                    (IV) involves equipment that is an 
                                integral part of a weapon or weapons 
                                system; or
                                    (V) subject to subparagraph (B), is 
                                critical to the direct fulfillment of 
                                military or intelligence missions; or
                            (ii) is protected at all times by 
                        procedures established for information that 
                        have been specifically authorized under 
                        criteria established by an Executive order or 
                        an Act of Congress to be kept classified in the 
                        interest of national defense or foreign policy.
                    (B) Exception of administrative and business 
                applications.--Subparagraph (A)(i)(V) does not include 
                a system that is to be used for routine administrative 
                and business applications (including payroll, finance, 
                logistics, and personnel management applications).
            (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), the head of a covered 
agency may, in conducting intelligence and intelligence-related 
activities--
            (1) carry out a covered procurement action; and
            (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. 309. 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 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. 310. COUNTERTERRORISM COMPETITIVE ANALYSIS COMMISSION.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) terrorism and domestic radicalization represent 
        evolving and dynamic threats to the United States;
            (2) biases and group think can prevent intelligence 
        analysts from detecting important changes in such threats that 
        can prevent the detection and prevention of terrorist attacks; 
        and
            (3) competitive and alternative intelligence analysis are 
        important tools to prevent biases and group think from 
        resulting in analytical failures and can help the intelligence 
        community and policy makers better understand the nature of 
        complex threats to the United States.
    (b) Establishment.--There is established a Commission to be known 
as the ``Counterterrorism Competitive Analysis Commission'' (in this 
section referred to as the ``Commission'').
    (c) Duties.--
            (1) Study.--The Commission shall conduct a study on--
                    (A) how the elements of the intelligence community 
                use red teams, alternative analysis, and competitive 
                analysis of foreign intelligence to address domestic 
                radicalization;
                    (B) whether such analysis is timely, objective, 
                based upon all sources of available foreign 
                intelligence, and employs the standards of proper 
                analytic tradecraft; and
                    (C) the feasibility and advisability of 
                establishing a permanent entity to--
                            (i) advise the Director on matters of 
                        policy relating to the threats of international 
                        terrorism and domestic radicalization;
                            (ii) prepare competitive analyses of 
                        national intelligence estimates prepared by the 
                        intelligence community and submit such analyses 
                        to the Director and the National Intelligence 
                        Commission; and
                            (iii) annually submit to Congress a report 
                        in unclassified form, which may include a 
                        classified annex, on trends in counterterrorism 
                        and domestic radicalization, including a 
                        summary of any competitive analyses referred to 
                        in clause (ii).
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Commission shall submit to the 
        congressional intelligence committees a report containing the 
        results of the study under paragraph (1).
    (d) Members.--
            (1) Appointment.--The Commission shall be composed of six 
        members selected on the basis of previous experience with 
        matters of policy relating to international terrorism, 
        intelligence analysis, and domestic radicalization, of whom--
                    (A) two members shall be appointed by the 
                President;
                    (B) one member shall be appointed by the Speaker of 
                the House of Representatives;
                    (C) one member shall be appointed by the minority 
                leader of the House of Representatives;
                    (D) one member shall be appointed by the majority 
                leader of the Senate; and
                    (E) one member shall be appointed by the minority 
                leader of the Senate.
            (2) Qualifications.--An individual may not be appointed to 
        the Commission under paragraph (1) if such individual has 
        served as an officer or employee of the Federal Government 
        within a three-year period of the date of appointment.
            (3) Compensation.--To the extent provided in advance in 
        appropriation Acts, each member of the Commission shall be paid 
        consistent with the skill and experience of such member at a 
        rate not to exceed the annual rate of basic pay for level V of 
        the Executive Schedule under section 5316 of title 5, United 
        States Code.
            (4) Actions of commission.-- Any member of the Commission 
        may, if authorized by the Commission, take any action which the 
        Commission is authorized to take by this section.
    (e) Staff of Commission.--
            (1) Compensation.--To the extent provided in advance in 
        appropriation Acts, the Commission shall appoint and fix the 
        compensation of a Director and such additional staff as may be 
        necessary to enable the Commission to carry out its duties.
            (2) Rate of pay.-- The Director and staff of the Commission 
        may be appointed without regard to the provisions of title 5, 
        United States Code, governing appointments in the competitive 
        service, and may be paid without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of that title 
        relating to classification and General Schedule pay rates, 
        except that the rate of pay fixed for the Director and staff 
        may not exceed the annual rate of basic pay for level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
            (3) Experts and consultants.-- In accordance with rules 
        adopted by the Commission, and to the extent provided in 
        advance in appropriation Acts, the Commission may procure the 
        services of experts and consultants under section 3109(b) of 
        title 5, United States Code, but at rates for individuals not 
        to exceed the daily equivalent of the annual rate of basic pay 
        for level V of the Executive Schedule under section 5316 of 
        title 5, United States Code.
    (f) Security Clearances.--The Director of National Intelligence 
shall ensure that the appropriate executive departments and agencies 
cooperate with the Commission in expeditiously providing to the members 
and staff appropriate security clearances in a manner consistent with 
existing procedures and requirements.
    (g) Termination.--The Commission shall terminate on the date that 
is 30 days after the date on which the Commission submits the report 
required under subsection (c)(2), or on the date that is 395 days after 
the date of the enactment of this Act, whichever is earlier.

  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 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:
            (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'' has the 
        meaning given that term in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702).

SEC. 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
            (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. BURIAL ALLOWANCE.

    (a) In General.--Section 11 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403k) is amended--
            (1) in the heading, by inserting ``and burial allowance'' 
        after ``gratuities''; and
            (2) by adding at the end the following new subsection:
    ``(c)(1) At the request of a representative of the estate of any 
officer or employee of the Agency (as determined in accordance with the 
laws of a State) who dies in a manner described in subsection (a)(1), 
the Director may pay to such estate a burial allowance.
    ``(2) A burial allowance paid under paragraph (1) may be used to 
cover burial expenses, including recovery, mortuary, funeral or 
memorial service, cremation, burial costs, and costs of transportation 
by common carrier to the place selected for final disposition of the 
deceased.
    ``(3) Each payment made under this subsection shall be--
            ``(A) in an amount not greater than $15,000 plus the actual 
        costs of transportation referred to in paragraph (2); and
            ``(B) in addition to any other benefit that may be due 
        under any other provision of law.
    ``(4) The Director may annually increase the amount in paragraph 
(3)(A) to reflect any increase in the Consumer Price Index occurring 
during the preceding year.
    ``(5) The Director may pay the burial benefit authorized under this 
subsection more than once for funeral, memorial, or burial expenses 
stemming from a single death of an officer or employee of the Agency if 
the remains of such officer or employee were not recovered, were 
recovered after considerable delay, or were not recovered intact.''.
    (b) Effective Date of Authority to Increase Allowance.--Section 
11(c)(4) of the Central Intelligence Agency Act of 1949, as added by 
subsection (a), shall take effect on the date that is one year after 
the date of the enactment of this Act.

SEC. 412. 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 
(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. 413. 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 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. 414. 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. 415. CREATING AN OFFICIAL RECORD OF THE OSAMA BIN LADEN OPERATION.

    (a) Findings.--The Congress finds the following:
            (1) On May 1, 2011, United States personnel killed 
        terrorist leader Osama bin Laden during the course of a 
        targeted strike against his secret compound in Abbottabad, 
        Pakistan.
            (2) Osama bin Laden was the leader of the al Qaeda 
        terrorist organization, the most significant terrorism threat 
        to the United States and the international community.
            (3) Osama bin Laden was the architect of terrorist attacks 
        which killed nearly 3,000 civilians on September 11, 2001, the 
        most deadly terrorist attack against our Nation, in which al 
        Qaeda terrorists hijacked four airplanes and crashed them into 
        the World Trade Center in New York City, the Pentagon in 
        Washington, D.C., and, due to heroic efforts by civilian 
        passengers to disrupt the terrorists, near Shanksville, 
        Pennsylvania.
            (4) Osama bin Laden planned or supported numerous other 
        deadly terrorist attacks against the United States and its 
        allies, including the 1998 bombings of United States embassies 
        in Kenya and Tanzania and the 2000 attack on the U.S.S. Cole in 
        Yemen, and against innocent civilians in countries around the 
        world, including the 2004 attack on commuter trains in Madrid, 
        Spain and the 2005 bombings of the mass transit system in 
        London, England.
            (5) Following the September 11, 2001, terrorist attacks, 
        the United States, under President George W. Bush, led an 
        international coalition into Afghanistan to dismantle al Qaeda, 
        deny them a safe haven in Afghanistan and ungoverned areas 
        along the Pakistani border, and bring Osama bin Laden to 
        justice.
            (6) President Barack Obama in 2009 committed additional 
        forces and resources to efforts in Afghanistan and Pakistan as 
        ``the central front in our enduring struggle against terrorism 
        and extremism''.
            (7) The valiant members of the United States Armed Forces 
        have courageously and vigorously pursued al Qaeda and its 
        affiliates in Afghanistan and around the world.
            (8) The anonymous, unsung heroes of the intelligence 
        community have pursued al Qaeda and affiliates in Afghanistan, 
        Pakistan, and around the world with tremendous dedication, 
        sacrifice, and professionalism.
            (9) The close collaboration between the Armed Forces and 
        the intelligence community prompted the Director of National 
        Intelligence, General James Clapper, to state, ``Never have I 
        seen a more remarkable example of focused integration, seamless 
        collaboration, and sheer professional magnificence as was 
        demonstrated by the Intelligence Community in the ultimate 
        demise of Osama bin Laden.''.
            (10) While the death of Osama bin Laden represents a 
        significant blow to the al Qaeda organization and its 
        affiliates and to terrorist organizations around the world, 
        terrorism remains a critical threat to United States national 
        security.
            (11) President Obama said, ``For over two decades, bin 
        Laden has been al Qaeda's leader and symbol, and has continued 
        to plot attacks against our country and our friends and allies. 
        The death of bin Laden marks the most significant achievement 
        to date in our Nation's effort to defeat al Qaeda.''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the raid that killed Osama bin Laden demonstrated the 
        best of the intelligence communities capabilities and teamwork;
            (2) for years to come, Americans will look back at this 
        event as a defining point in the history of the United States;
            (3) it is vitally important that the United States 
        memorialize all the events that led to the raid so that future 
        generations will have an official record of the events that 
        transpired before, during, and as a result of the operation; 
        and
            (4) preserving this history now will allow the United 
        States to have an accurate account of the events while those 
        that participated in the events are still serving in the 
        Government.
    (c) Report on the Operation That Killed Osama Bin Laden.--Not later 
than one year after the date of the enactment of this Act, the Director 
of the Central Intelligence Agency, in consultation with other agencies 
and entities involved in the operation that killed Osama bin Laden, 
shall submit to the congressional intelligence committees a classified 
report that memorializes such operation including a description of the 
events leading up to the discovery of the location of Osama bin Laden, 
the planning and execution of the raid, and the results of the 
intelligence gained from the raid.
    (d) Preservation of Records.--The Director of the Central 
Intelligence Agency shall preserve any records, including intelligence 
information and assessments, used to generate the report described in 
subsection (c).

SEC. 416. RECRUITMENT OF PERSONNEL IN THE OFFICE OF THE INSPECTOR 
              GENERAL.

    (a) Study.--The Director of the Central Intelligence Agency, in 
consultation with the Inspector General of the Central Intelligence 
Agency, shall carry out a study of the personnel issues of the Office 
of the Inspector General. 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; and
            (2) a comparison of the personnel authorities of the 
        Inspector General 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 90 days after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency 
shall submit to the congressional intelligence committees--
            (1) any recommendations of the Director for legislative 
        action based on the results of the study conducted under 
        subsection (a); and
            (2) a description of any administrative actions taken by 
        the Director based on such results.

                  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).''.

                       Subtitle D--Other Elements

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

    Section 3(4)(K) of the National Security Act of 1947 (50 U.S.C. 
401a(4)(K)) is amended to read as follows:
                    ``(K) The Office of Intelligence and Analysis of 
                the Department of Homeland Security.''.

SEC. 432. FEDERAL BUREAU OF INVESTIGATION PARTICIPATION IN THE 
              DEPARTMENT OF JUSTICE LEAVE BANK.

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

SEC. 433. ACCOUNTS AND TRANSFER AUTHORITY FOR APPROPRIATIONS AND OTHER 
              AMOUNTS FOR INTELLIGENCE ELEMENTS OF THE DEPARTMENT OF 
              DEFENSE.

    (a) In General.--Chapter 21 of title 10, United States Code, is 
amended by inserting after section 428 the following new section:
``Sec. 429. Appropriations for Defense intelligence elements: accounts 
              for transfers; transfer authority
    ``(a) Accounts for Appropriations for Defense Intelligence 
Elements.--The Secretary of Defense may transfer appropriations of the 
Department of Defense which are available for the activities of Defense 
intelligence elements to an account or accounts established for receipt 
of such transfers. Each such account may also receive transfers from 
the Director of National Intelligence if made pursuant to Section 102A 
of the National Security Act of 1947 (50 U.S.C. 403-1), and transfers 
and reimbursements arising from transactions, as authorized by law, 
between a Defense intelligence element and another entity. 
Appropriation balances in each such account may be transferred back to 
the account or accounts from which such appropriations originated as 
appropriation refunds.
    ``(b) Recordation of Transfers.--Transfers made pursuant to 
subsection (a) shall be recorded as expenditure transfers.
    ``(c) Availability of Funds.--Funds transferred pursuant to 
subsection (a) shall remain available for the same time period and for 
the same purpose as the appropriation from which transferred, and shall 
remain subject to the same limitations provided in the act making the 
appropriation.
    ``(d) Obligation and Expenditure of Funds.--Unless otherwise 
specifically authorized by law, funds transferred pursuant to 
subsection (a) shall only be obligated and expended in accordance 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 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 leverage 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;
            (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,''.

            Passed the House of Representatives September 9, 2011.

            Attest:

                                                                 Clerk.
112th CONGRESS

  1st Session

                               H. R. 1892

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for fiscal year 2012 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.
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