Intelligence Authorization Act for Fiscal Year 2012
PL 112-87 (H.R.1892), enacted 01/03/2012

125 STAT. 1876 
PUBLIC LAW 112–87—JAN. 3, 2012 
Public Law 112–87 
112th Congress 
An Act 
To authorize appropriations for fiscal year 2012 for intelligence and 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 partici-
pants. 
Sec. 304. Enhancement of authority for flexible personnel management among the 
elements of the intelligence community. 
Sec. 305. Preparation of nuclear proliferation assessment statements. 
Sec. 306. Cost estimates. 
Sec. 307. Updates of intelligence relating to terrorist recidivism of detainees held 
at United States Naval Station, Guantanamo Bay, Cuba. 
Sec. 308. Notification of transfer of a detainee held at United States Naval Station, 
Guantanamo Bay, Cuba. 
Sec. 309. Enhanced procurement authority to manage supply chain risk. 
Sec. 310. Burial allowance. 
Sec. 311. Modification of certain reporting requirements. 
Sec. 312. Review of strategic and competitive analysis conducted by the intelligence 
community. 
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE 
COMMUNITY 
Subtitle A—Office of the Director of National Intelligence 
Sec. 401. Intelligence community assistance to counter drug trafficking organiza-
tions using public lands. 
Intelligence 
Authorization 
Act for Fiscal 
Year 2012. 
Jan. 3, 2012 
[H.R. 1892] 
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125 STAT. 1877 
PUBLIC LAW 112–87—JAN. 3, 2012 
Sec. 402. Application of certain financial reporting requirements to the Office of the 
Director of National Intelligence. 
Sec. 403. Public availability of information regarding the Inspector General of the 
Intelligence Community. 
Sec. 404. Clarification of status of Chief Information Officer in the Executive 
Schedule. 
Sec. 405. Temporary appointment to fill vacancies within Office of the Director of 
National Intelligence. 
Subtitle B—Central Intelligence Agency 
Sec. 411. Acceptance of gifts. 
Sec. 412. Foreign language proficiency requirements for Central Intelligence Agen-
cy officers. 
Sec. 413. Public availability of information regarding the Inspector General of the 
Central Intelligence Agency. 
Sec. 414. Creating an official record of the Osama bin Laden operation. 
Sec. 415. Recruitment of personnel in the Office of the Inspector General. 
Subtitle C—National Security Agency 
Sec. 421. Additional authorities for National Security Agency security personnel. 
Subtitle D—Other Elements 
Sec. 431. Codification of Office of Intelligence and Analysis of the Department of 
Homeland Security as element of the intelligence community. 
Sec. 432. Federal Bureau of Investigation participation in the Department of Jus-
tice 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 secu-
rity. 
Sec. 505. Technical amendments to the National Security Act of 1947. 
Sec. 506. Technical amendments to title 18, United States Code. 
Sec. 507. Budgetary effects. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 
‘‘congressional intelligence committees’’ means— 
(A) the Select Committee on Intelligence of the Senate; 
and 
(B) the Permanent Select Committee on Intelligence 
of the House of Representatives. 
(2) INTELLIGENCE
COMMUNITY.—The term ‘‘intelligence 
community’’ has the meaning given that term in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4)). 
TITLE I—INTELLIGENCE ACTIVITIES 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2012 for the conduct of the intelligence and intelligence-related 
activities of the following elements of the United States Govern-
ment: 
(1) The Office of the Director of National Intelligence. 
(2) The Central Intelligence Agency. 
(3) The Department of Defense. 
(4) The Defense Intelligence Agency. 
50 USC 401a 
note. 
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125 STAT. 1878 
PUBLIC LAW 112–87—JAN. 3, 2012 
(5) The National Security Agency. 
(6) The Department of the Army, the Department of the 
Navy, and the Department of the Air Force. 
(7) The Coast Guard. 
(8) The Department of State. 
(9) The Department of the Treasury. 
(10) The Department of Energy. 
(11) The Department of Justice. 
(12) The Federal Bureau of Investigation. 
(13) The Drug Enforcement Administration. 
(14) The National Reconnaissance Office. 
(15) The National Geospatial-Intelligence Agency. 
(16) The Department of Homeland Security. 
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL LEVELS.— 
The amounts authorized to be appropriated under section 101 and, 
subject to section 103, the authorized personnel ceilings as of Sep-
tember 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 AUTHORIZA-
TIONS.— 
(1) AVAILABILITY TO COMMITTEES OF CONGRESS.—The classi-
fied 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 pub-
licly 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 Inves-
tigation Policy Implementation section of the classified annex 
accompanying this Act. 
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AUTHORITY FOR INCREASES.—The Director of National Intel-
ligence may authorize the employment of civilian personnel in 
excess of the number of full-time equivalent positions for fiscal 
year 2012 authorized by the classified Schedule of Authorizations 
referred to in section 102(a) if the Director of National Intelligence 
determines that such action is necessary for the performance of 
Determination. 
President. 
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125 STAT. 1879 
PUBLIC LAW 112–87—JAN. 3, 2012 
important intelligence functions, except that the number of per-
sonnel 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 assign-
ment— 
(1) in a student program, trainee program, or similar pro-
gram; 
(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 avail-
able until September 30, 2013. 
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the 
Intelligence Community Management Account of the Director of 
National Intelligence are authorized 777 full-time or full-time 
equivalent personnel as of September 30, 2012. Personnel serving 
in such elements may be permanent employees of the Office of 
the Director of National Intelligence or personnel detailed from 
other elements of the United States Government. 
(c) CLASSIFIED AUTHORIZATIONS.— 
(1) AUTHORIZATION
OF
APPROPRIATIONS.—In addition to 
amounts authorized to be appropriated for the Intelligence 
Community Management Account by subsection (a), there are 
authorized to be appropriated for the Community Management 
Account for fiscal year 2012 such additional amounts as are 
Deadline. 
Guidelines. 
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125 STAT. 1880 
PUBLIC LAW 112–87—JAN. 3, 2012 
specified in the classified Schedule of Authorizations referred 
to in section 102(a). Such additional amounts for advanced 
research and development shall remain available until Sep-
tember 30, 2013. 
(2) AUTHORIZATION OF PERSONNEL.—In addition to the per-
sonnel authorized by subsection (b) for elements of the Intel-
ligence 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 speci-
fied in the classified Schedule of Authorizations referred to 
in section 102(a). 
TITLE 
II—CENTRAL 
INTELLIGENCE 
AGENCY 
RETIREMENT 
AND 
DIS-
ABILITY SYSTEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central Intel-
ligence 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, retire-
ment, 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 EDU-
CATION 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 commit-
tees 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 INTEL-
LIGENCE 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 sub-
section: 
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125 STAT. 1881 
PUBLIC LAW 112–87—JAN. 3, 2012 
‘‘(v) AUTHORITY
TO
ESTABLISH
POSITIONS
IN
EXCEPTED 
SERVICE.—(1) The Director of National Intelligence, with the concur-
rence of the head of the covered department concerned and in 
consultation with the Director of the Office of Personnel Manage-
ment, may— 
‘‘(A) convert competitive service positions, and the incum-
bents 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 posi-
tions are necessary to carry out the intelligence functions of 
such element. 
‘‘(2) An incumbent occupying a position on the date of the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2012 selected to be converted to the excepted service under this 
section shall have the right to refuse such conversion. Once such 
individual no longer occupies the position, the position may be 
converted to the excepted service. 
‘‘(3) In this subsection, the term ‘covered department’ means 
the Department of Energy, the Department of Homeland Security, 
the Department of State, or the Department of the Treasury.’’. 
SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION ASSESSMENT 
STATEMENTS. 
Section 102A of the National Security Act of 1947 (50 U.S.C. 
403–1), as amended by section 304 of this Act, is further amended 
by adding at the end the following new subsection: 
‘‘(w) NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS INTEL-
LIGENCE COMMUNITY ADDENDUM.—The Director of National Intel-
ligence, 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 comprehen-
sive analysis of the country’s export control system with respect 
to nuclear-related matters, including interactions with other coun-
tries 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 subpara-
graph: 
‘‘(B) For major system acquisitions requiring a service or capa-
bility from another acquisition or program to deliver the end-to- 
end functionality for the intelligence community end users, inde-
pendent cost estimates shall include, to the maximum extent prac-
ticable, all estimated costs across all pertinent elements of the 
intelligence community. For collection programs, such cost estimates 
shall include the cost of new analyst training, new hardware and 
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125 STAT. 1882 
PUBLIC LAW 112–87—JAN. 3, 2012 
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 sched-
uled 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 inde-
pendent cost estimate shall include all costs required across 
elements of the intelligence community to develop, acquire, 
procure, operate, and sustain the system to provide the end- 
to-end intelligence functionality of the system, including— 
‘‘(i) for collection programs, the cost of new analyst 
training, new hardware and software for data exploitation 
and analysis, and any unique or additional costs for data 
processing, storing, and power, space, and cooling across 
the life cycle of the program; and 
‘‘(ii) costs for processing, exploitation, dissemination, 
and storage scheduled to be executed in other elements 
of the intelligence community.’’. 
(b) EFFECTIVE 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 Intel-
ligence, 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 ter-
rorist organizations. 
‘‘(b) UPDATES.—Not less frequently than once every 6 months, 
the Director of National Intelligence, in consultation with the 
Director of the Central Intelligence Agency and the Secretary of 
Defense, shall update and make publicly available an unclassified 
Deadlines. 
Public 
information. 
50 USC 415a–11. 
50 USC 415a–1 
note. 
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125 STAT. 1883 
PUBLIC LAW 112–87—JAN. 3, 2012 
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 sub-
section, shall be made publicly available not later than 10 
days after the date the first report following the date of the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2012 is submitted to members and committees of Congress 
pursuant to section 319 of the Supplemental Appropriations 
Act, 2009 (Public Law 111–32; 10 U.S.C. 801 note). 
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents 
in the first section of the National Security Act of 1947 is amended 
by inserting after the item relating to section 506H the following 
new item: 
‘‘Sec. 506I. Summary of intelligence relating to terrorist recidivism of detainees 
held at United States Naval Station, Guantanamo Bay, Cuba.’’. 
SEC. 308. NOTIFICATION OF TRANSFER OF A DETAINEE HELD AT 
UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
CUBA. 
(a) REQUIREMENT
FOR
NOTIFICATION.—The President shall 
submit to Congress, in classified form, at least 30 days prior to 
the transfer or release of an individual detained at Naval Station, 
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of 
such individual’s nationality or last habitual residence or to any 
other foreign country or to a freely associated State the following 
information: 
(1) The name of the individual to be transferred or released. 
(2) The country or the freely associated State to which 
such individual is to be transferred or released. 
(3) The terms of any agreement with the country or the 
freely associated State for the acceptance of such individual, 
including the amount of any financial assistance related to 
such agreement. 
(4) The agencies or departments of the United States 
responsible for ensuring that the agreement described in para-
graph (3) is carried out. 
(b) DEFINITION.—In this section, the term ‘‘freely associated 
States’’ means the Federated States of Micronesia, the Republic 
of the Marshall Islands, and the Republic of Palau. 
(c) CONSTRUCTION WITH OTHER REQUIREMENTS.—Nothing in 
this section shall be construed to supersede or otherwise affect 
the following provisions of law: 
(1) Section 1028 of the National Defense Authorization 
Act for Fiscal Year 2012. 
(2) Section 8120 of the Department of Defense Appropria-
tions Act, 2012. 
SEC. 309. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY 
CHAIN RISK. 
(a) DEFINITIONS.—In this section: 
(1) COVERED AGENCY.—The term ‘‘covered agency’’ means 
any element of the intelligence community other than an ele-
ment within the Department of Defense. 
50 USC 403–2 
note. 
President. 
Classified 
information. 
Deadline. 
10 USC 801 note. 
50 USC 415a–11 
note. 
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125 STAT. 1884 
PUBLIC LAW 112–87—JAN. 3, 2012 
(2) COVERED ITEM OF SUPPLY.—The term ‘‘covered item 
of supply’’ means an item of information technology (as that 
term is defined in section 11101 of title 40, United States 
Code) that is purchased for inclusion in a covered system, 
and the loss of integrity of which could result in a supply 
chain risk for a covered system. 
(3) COVERED PROCUREMENT.—The term ‘‘covered procure-
ment’’ means— 
(A) a source selection for a covered system or a covered 
item of supply involving either a performance specification, 
as provided in section 3306(a)(3)(B) of title 41, United 
States Code, or an evaluation factor, as provided in section 
3306(b)(1) of such title, relating to supply chain risk; 
(B) the consideration of proposals for and issuance 
of a task or delivery order for a covered system or a 
covered item of supply, as provided in section 4106(d)(3) 
of title 41, United States Code, where the task or delivery 
order contract concerned includes a contract clause estab-
lishing a requirement relating to supply chain risk; or 
(C) any contract action involving a contract for a cov-
ered system or a covered item of supply where such contract 
includes a clause establishing requirements relating to 
supply chain risk. 
(4) COVERED
PROCUREMENT
ACTION.—The term ‘‘covered 
procurement action’’ means any of the following actions, if 
the action takes place in the course of conducting a covered 
procurement: 
(A) The exclusion of a source that fails to meet quali-
fications standards established in accordance with the 
requirements of section 3311 of title 41, United States 
Code, for the purpose of reducing supply chain risk in 
the acquisition of covered systems. 
(B) The exclusion of a source that fails to achieve 
an acceptable rating with regard to an evaluation factor 
providing for the consideration of supply chain risk in 
the evaluation of proposals for the award of a contract 
or the issuance of a task or delivery order. 
(C) The decision to withhold consent for a contractor 
to subcontract with a particular source or to direct a con-
tractor for a covered system to exclude a particular source 
from consideration for a subcontract under the contract. 
(5) COVERED SYSTEM.—The term ‘‘covered system’’ means 
a national security system, as that term is defined in section 
3542(b) of title 44, United States Code. 
(6) SUPPLY
CHAIN
RISK.—The term ‘‘supply chain risk’’ 
means the risk that an adversary may sabotage, maliciously 
introduce unwanted function, or otherwise subvert the design, 
integrity, manufacturing, production, distribution, installation, 
operation, or maintenance of a covered system so as to surveil, 
deny, disrupt, or otherwise degrade the function, use, or oper-
ation of such system. 
(b) AUTHORITY.—Subject to subsection (c) and in consultation 
with the Director of National Intelligence, the head of a covered 
agency may, in conducting intelligence and intelligence-related 
activities— 
(1) carry out a covered procurement action; and 
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125 STAT. 1885 
PUBLIC LAW 112–87—JAN. 3, 2012 
(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 avail-
able 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 con-
cerned, 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 congres-
sional intelligence committees that includes a summary of the 
basis for the determination, including a discussion of less intru-
sive 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 dele-
gate 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 con-
cerned. 
(e) SAVINGS.—The authority under this section is in addition 
to any other authority under any other provision of law. The 
authority under this section shall not be construed to alter or 
effect the exercise of any other provision of law. 
(f) EFFECTIVE DATE.—The requirements of this section shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act and shall apply to contracts that are awarded 
on or after such date. 
(g) SUNSET.—The authority provided in this section shall expire 
on the date that section 806 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 
U.S.C. 2304 note) expires. 
SEC. 310. BURIAL ALLOWANCE. 
(a) AUTHORIZATION TO PROVIDE.— 
(1) IN GENERAL.—The head of an agency or department 
containing an element of the intelligence community may pay 
to the estate of a decedent described in paragraph (2) a burial 
allowance at the request of a representative of such estate, 
as determined in accordance with the laws of a State. 
(2) DESCRIPTION.—A decedent described in this paragraph 
is an individual— 
5 USC 8134 note. 
Applicability. 
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125 STAT. 1886 
PUBLIC LAW 112–87—JAN. 3, 2012 
(A) who served as a civilian officer or employee of 
such an agency or department; 
(B) who died as a result of an injury incurred during 
such service; and 
(C) whose death— 
(i) resulted from hostile or terrorist activities; or 
(ii) occurred in connection with an intelligence 
activity having a substantial element of risk. 
(b) USE OF BURIAL ALLOWANCE.—A burial allowance paid under 
subsection (a) may be used to reimburse such estate for burial 
expenses, including recovery, mortuary, funeral, or memorial 
service, cremation, burial costs, and costs of transportation by 
common carrier to the place selected for final disposition of the 
decedent. 
(c) AMOUNT OF BURIAL ALLOWANCE; RELATIONSHIP TO OTHER 
PROVISIONS.—A burial allowance paid under subsection (a) shall 
be— 
(1) in an amount not greater than— 
(A) the maximum reimbursable amount allowed under 
Department of Defense Instruction 1344.08 or successor 
instruction; plus 
(B) the actual costs of transportation referred to in 
subsection (b); and 
(2) in addition to any other benefit permitted under any 
other provision of law, including funds that may be expended 
as specified in the General Provisions section of the classified 
annex accompanying this Act. 
(d) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Director of the Office of Personnel 
Management, in consultation with the Director of National Intel-
ligence, the Secretary of Labor, and the Secretary of Defense, shall 
submit to Congress a report on the feasibility of implementing 
legislation to provide for burial allowances at a level which ade-
quately addresses the cost of burial expenses and provides for 
equitable treatment when an officer or employee of a Federal agency 
or department dies as the result of an injury sustained in the 
performance of duty. 
SEC. 311. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS. 
(a) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT 
OF 2004.—Section 1041(b) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 403–1b(b)) is amended by striking 
paragraphs (3) and (4). 
(b) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2003.— 
Section 904(d)(1) of the Intelligence Authorization Act for Fiscal 
Year 2003 (50 U.S.C. 402c(d)(1)) is amended by striking ‘‘on an 
annual basis’’. 
(c) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1995.— 
Section 809 of the Intelligence Authorization Act for Fiscal Year 
1995 (50 U.S.C. App. 2170b) is amended— 
(1) by striking subsection (b); and 
(2) in subsection (c), by striking ‘‘reports referred to in 
subsections (a) and (b)’’ and inserting ‘‘report referred to in 
subsection (a)’’. 
(d) REPORT ON TEMPORARY PERSONNEL AUTHORIZATIONS FOR 
CRITICAL LANGUAGE TRAINING.—Paragraph (3)(D) of section 102A(e) 
of the National Security Act of 1947 (50 U.S.C. 403–1(e)), as 
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125 STAT. 1887 
PUBLIC LAW 112–87—JAN. 3, 2012 
amended by section 306 of the Intelligence Authorization Act for 
Fiscal Year 2010 (Public Law 111–259; 124 Stat. 2661), is amended 
by striking ‘‘The’’ and inserting ‘‘For each of the fiscal years 2010, 
2011, and 2012, the’’. 
SEC. 312. REVIEW OF STRATEGIC AND COMPETITIVE ANALYSIS CON-
DUCTED BY THE INTELLIGENCE COMMUNITY. 
(a) REVIEW.—The Director of National Intelligence shall direct 
the Director’s Senior Advisory Group to conduct a comprehensive 
review of the strategic and competitive analysis of international 
terrorism and homegrown violent extremism conducted by elements 
of the intelligence community during the 12 month period beginning 
on the date of the enactment of this Act. 
(b) RECOMMENDATIONS.—Not later than 15 months after the 
date of the enactment of this Act, the Director of the National 
Intelligence shall submit to the congressional intelligence commit-
tees— 
(1) a report on the results of the review conducted under 
subsection (a); and 
(2) any actions taken by the Director to implement the 
recommendations, if any, of the Director’s Senior Advisory 
Group based on such results. 
TITLE IV—MATTERS RELATING TO ELE-
MENTS OF THE INTELLIGENCE COM-
MUNITY 
Subtitle A—Office of the Director of 
National Intelligence 
SEC. 401. INTELLIGENCE COMMUNITY ASSISTANCE TO COUNTER DRUG 
TRAFFICKING ORGANIZATIONS USING PUBLIC LANDS. 
(a) CONSULTATION.—The Director of National Intelligence shall 
consult with the heads of the Federal land management agencies 
on the appropriate actions the intelligence community can take 
to assist such agencies in responding to the threat from covered 
entities that are currently or have previously used public lands 
in the United States to further the operations of such entities. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees, the Committee 
on the Judiciary of the Senate, and the Committee on the Judiciary 
of the House of Representatives a report on the results of the 
consultation under subsection (a). Such report shall include— 
(1) an assessment of the intelligence community collection 
efforts dedicated to covered entities, including any collection 
gaps or inefficiencies; and 
(2) an assessment of the ability of the intelligence commu-
nity to assist Federal land management agencies in identifying 
and protecting public lands from illegal drug grows and other 
activities and threats of covered entities, including through 
the sharing of intelligence information. 
(c) DEFINITIONS.—In this section: 
Deadline. 
Reports. 
Time period. 
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125 STAT. 1888 
PUBLIC LAW 112–87—JAN. 3, 2012 
(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 ‘‘Fed-
eral land management agency’’ includes— 
(A) the Forest Service of the Department of Agri-
culture; 
(B) the Bureau of Land Management of the Depart-
ment of the Interior; 
(C) the National Park Service of the Department of 
the Interior; 
(D) the Fish and Wildlife Service of the Department 
of the Interior; and 
(E) the Bureau of Reclamation of the Department of 
the Interior. 
(3) PUBLIC LANDS.—The term ‘‘public lands’’ means land 
under the management of a Federal land management agency. 
SEC. 402. APPLICATION OF CERTAIN FINANCIAL REPORTING REQUIRE-
MENTS TO THE OFFICE OF THE DIRECTOR OF NATIONAL 
INTELLIGENCE. 
For each of the fiscal years 2010, 2011, and 2012, the require-
ments 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 COMMU-
NITY. 
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 sub-
section: 
‘‘(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 Gen-
eral of the Intelligence Community including methods to contact 
the Inspector General. 
‘‘(2) The information referred to in paragraph (1) shall be 
obvious and facilitate accessibility to the information related to 
the Office of the Inspector General of the Intelligence Community.’’. 
SEC. 404. CLARIFICATION OF STATUS OF CHIEF INFORMATION 
OFFICER IN THE EXECUTIVE SCHEDULE. 
Section 5315 of title 5, United States Code, is amended by 
inserting after the item relating to the Chief Information Officer, 
Small Business Administration the following new item: 
‘‘Chief Information Officer of the Intelligence Community.’’. 
SEC. 405. TEMPORARY APPOINTMENT TO FILL VACANCIES WITHIN 
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. 
Section 103 of the National Security Act of 1947 (50 U.S.C. 
403–3) is amended— 
(1) by redesignating subsection (e) as subsection (f); and 
Determination. 
Notification. 
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125 STAT. 1889 
PUBLIC LAW 112–87—JAN. 3, 2012 
(2) by inserting after subsection (d) the following new sub-
section: 
‘‘(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 sub-
stituting ‘an element of the intelligence community, as that 
term is defined in section 3(4) of the National Security Act 
of 1947 (50 U.S.C. 401a(4)),’ for ‘such Executive agency’; and 
‘‘(2) in subparagraph (A), by substituting ‘the intelligence 
community’ for ‘such agency’.’’. 
Subtitle B—Central Intelligence Agency 
SEC. 411. ACCEPTANCE OF GIFTS. 
Section 12 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403l(a)) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(B) by striking the second and third sentences and 
inserting the following: 
‘‘(2) Any gift accepted under this section (and any income pro-
duced by any such gift)— 
‘‘(A) may be used only for—’’ 
‘‘(i) artistic display; 
‘‘(ii) purposes relating to the general welfare, education, 
or recreation of employees or dependents of employees of 
the Agency or for similar purposes; or 
‘‘(iii) purposes relating to the welfare, education, or 
recreation of an individual described in paragraph (3); and 
‘‘(B) under no circumstances may such a gift (or any income 
produced by any such gift) be used for operational purposes. 
‘‘(3) An individual described in this paragraph is an individual 
who— 
‘‘(A) is an employee or a former employee of the Agency 
who suffered injury or illness while employed by the Agency 
that— 
‘‘(i) resulted from hostile or terrorist activities; 
‘‘(ii) occurred in connection with an intelligence activity 
having a significant element of risk; or 
‘‘(iii) occurred under other circumstances determined 
by the Director to be analogous to the circumstances 
described in clause (i) or (ii); 
‘‘(B) is a family member of such an employee or former 
employee; or 
‘‘(C) is a surviving family member of an employee of the 
Agency who died in circumstances described in clause (i), (ii), 
or (iii) of subparagraph (A). 
‘‘(4) The Director may not accept any gift under this section 
that is expressly conditioned upon any expenditure not to be met 
from the gift itself or from income produced by the gift unless 
such expenditure has been authorized by law. 
‘‘(5) The Director may, in the Director’s discretion, determine 
that an individual described in subparagraph (A) or (B) of paragraph 
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125 STAT. 1890 
PUBLIC LAW 112–87—JAN. 3, 2012 
(3) may accept a gift for the purposes described in paragraph 
(2)(A)(iii).’’; and 
(2) by adding at the end the following new subsection: 
‘‘(f) The Director, in consultation with the Director of the Office 
of Government Ethics, shall issue regulations to carry out the 
authority provided in this section. Such regulations shall ensure 
that such authority is exercised consistent with all relevant ethical 
constraints and principles, including— 
‘‘(1) the avoidance of any prohibited conflict of interest 
or appearance of impropriety; and 
‘‘(2) a prohibition against the acceptance of a gift from 
a foreign government or an agent of a foreign government.’’. 
SEC. 412. FOREIGN LANGUAGE PROFICIENCY REQUIREMENTS FOR 
CENTRAL INTELLIGENCE AGENCY OFFICERS. 
(a) IN GENERAL.—Section 104A(g) of the National Security Act 
of 1947 (50 U.S.C. 403–4a(g)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph (A)— 
(i) by inserting ‘‘in the Directorate of Intelligence 
career service or the National Clandestine Service 
career service’’ after ‘‘an individual’’; 
(ii) by inserting ‘‘or promoted’’ after ‘‘appointed’’; 
and 
(iii) by striking ‘‘individual—’’ and inserting ‘‘indi-
vidual has been certified as having a professional 
speaking and reading proficiency in a foreign language, 
such proficiency being at least level 3 on the Inter-
agency Language Roundtable Language Skills Level 
or commensurate proficiency level using such other 
indicator of proficiency as the Director of the Central 
Intelligence Agency considers appropriate.’’; 
(B) by striking subparagraphs (A) and (B); and 
(2) in paragraph (2), by striking ‘‘position or category of 
positions’’ both places that term appears and inserting ‘‘position, 
category of positions, or occupation’’. 
(b) EFFECTIVE
DATE.—Section 611(b) of the Intelligence 
Authorization Act for Fiscal Year 2005 (Public Law 108–487; 50 
U.S.C. 403–4a note) is amended— 
(1) by inserting ‘‘or promotions’’ after ‘‘appointments’’; and 
(2) by striking ‘‘that is one year after the date’’. 
(c) REPORT
ON WAIVERS.—Section 611(c) of the Intelligence 
Authorization Act for Fiscal Year 2005 (Public Law 108–487; 118 
Stat. 3955) is amended— 
(1) in the first sentence— 
(A) by striking ‘‘positions’’ and inserting ‘‘individual 
waivers’’; and 
(B) by striking ‘‘Directorate of Operations’’ and 
inserting ‘‘National Clandestine Service’’; and 
(2) in the second sentence, by striking ‘‘position or category 
of positions’’ and inserting ‘‘position, category of positions, or 
occupation’’. 
(d) REPORT ON TRANSFERS.—Not later than 45 days after the 
date of the enactment of this Act, and on an annual basis for 
each of the following 3 years, the Director of the Central Intelligence 
Agency shall submit to the congressional intelligence committees 
Regulations. 
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125 STAT. 1891 
PUBLIC LAW 112–87—JAN. 3, 2012 
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 speci-
fied in section 104A(g)(1) of the National Security Act of 1947 
(50 U.S.C. 403–4a(g)(1)) at the time of such transfer. 
SEC. 413. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE 
INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE 
AGENCY. 
Section 17 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403q) is amended by adding at the end the following new 
subsection: 
‘‘(h) INFORMATION ON WEBSITE.—(1) The Director of the Central 
Intelligence Agency shall establish and maintain on the homepage 
of the Agency’s publicly accessible website information relating 
to the Office of the Inspector General including methods to contact 
the Inspector General. 
‘‘(2) The information referred to in paragraph (1) shall be 
obvious and facilitate accessibility to the information related to 
the Office of the Inspector General.’’. 
SEC. 414. CREATING AN OFFICIAL RECORD OF THE OSAMA BIN LADEN 
OPERATION. 
(a) FINDINGS.—Congress finds the following: 
(1) On May 1, 2011, United States personnel killed terrorist 
leader Osama bin Laden during the course of a targeted strike 
against his secret compound in Abbottabad, Pakistan. 
(2) Osama bin Laden was the leader of the al Qaeda 
terrorist organization, the most significant terrorism threat 
to the United States and the international community. 
(3) Osama bin Laden was the architect of terrorist attacks 
which killed nearly 3,000 civilians on September 11, 2001, 
the most deadly terrorist attack against our Nation, in which 
al Qaeda terrorists hijacked four airplanes and crashed them 
into the World Trade Center in New York City, the Pentagon 
in Washington, D.C., and, due to heroic efforts by civilian 
passengers to disrupt the terrorists, near Shanksville, Pennsyl-
vania. 
(4) Osama bin Laden planned or supported numerous other 
deadly terrorist attacks against the United States and its allies, 
including the 1998 bombings of United States embassies in 
Kenya and Tanzania and the 2000 attack on the U.S.S. Cole 
in Yemen, and against innocent civilians in countries around 
the world, including the 2004 attack on commuter trains in 
Madrid, Spain and the 2005 bombings of the mass transit 
system in London, England. 
(5) Following the September 11, 2001, terrorist attacks, 
the United States, under President George W. Bush, led an 
international coalition into Afghanistan to dismantle al Qaeda, 
deny them a safe haven in Afghanistan and ungoverned areas 
along the Pakistani border, and bring Osama bin Laden to 
justice. 
(6) President Barack Obama in 2009 committed additional 
forces and resources to efforts in Afghanistan and Pakistan 
50 USC 403–4a 
note. 
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125 STAT. 1892 
PUBLIC LAW 112–87—JAN. 3, 2012 
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 Afghani-
stan, Pakistan, and around the world with tremendous dedica-
tion, 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, seam-
less 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 contin-
ued to plot attacks against our country and our friends and 
allies. The death of bin Laden marks the most significant 
achievement to date in our Nation’s effort to defeat al Qaeda.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the raid that killed Osama bin Laden demonstrated 
the best of the intelligence community’s capabilities and team-
work; 
(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 memori-
alize all the events that led to the raid so that future genera-
tions will have an official record of the events that transpired 
before, during, and as a result of the operation; and 
(4) preserving this history now will allow the United States 
to have an accurate account of the events while those that 
participated in the events are still serving in the Government. 
(c) REPORT
ON
THE OPERATION THAT KILLED OSAMA BIN 
LADEN.—Not later than 90 days after the completion of the report 
being prepared by the Center for the Study of Intelligence that 
documents the history of and lessons learned from the raid that 
resulted in the death of Osama bin Laden, the Director of the 
Central Intelligence Agency shall submit such report to the congres-
sional intelligence committees. 
(d) PRESERVATION OF RECORDS.—The Director of the Central 
Intelligence Agency shall preserve any records, including intel-
ligence information and assessments, used to generate the report 
described in subsection (c). 
SEC. 415. RECRUITMENT OF PERSONNEL IN THE OFFICE OF THE 
INSPECTOR GENERAL. 
(a) STUDY.—The Inspector General of the Office of Personnel 
Management, in consultation with the Inspector General of the 
Central Intelligence Agency, shall carry out a study of the personnel 
authorities and available personnel benefits of the Office of the 
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125 STAT. 1893 
PUBLIC LAW 112–87—JAN. 3, 2012 
Inspector General of the Central Intelligence Agency. Such study 
shall include— 
(1) identification of any barriers or disincentives to the 
recruitment or retention of experienced investigators within 
the Office of the Inspector General of the Central Intelligence 
Agency; and 
(2) a comparison of the personnel authorities of the 
Inspector General of the Central Intelligence Agency with per-
sonnel authorities of Inspectors General of other agencies and 
departments of the United States, including a comparison of 
the benefits available to experienced investigators within the 
Office of the Inspector General of the Central Intelligence 
Agency with similar benefits available within the offices of 
Inspectors General of such other agencies or departments. 
(b) RECOMMENDATIONS.—Not later than 120 days after the date 
of the enactment of this Act, the Inspector General of the Office 
of Personnel Management shall submit to the congressional intel-
ligence committees and the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Oversight 
and Government Reform of the House of Representatives— 
(1) a report on the results of the study conducted under 
subsection (a); and 
(2) any recommendations for legislative action based on 
such results. 
(c) FUNDING.—Of the funds authorized to be appropriated by 
this Act, the Director of National Intelligence shall transfer to 
the Inspector General of the Office of Personnel Management such 
sums as may be necessary to carry out this section. 
Subtitle C—National Security Agency 
SEC. 421. ADDITIONAL AUTHORITIES FOR NATIONAL SECURITY 
AGENCY SECURITY PERSONNEL. 
(a) AUTHORITY TO TRANSPORT APPREHENDED PERSONS.—Para-
graph (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 para-
graph (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 para-
graph (1), for the purpose of transferring such individual to the 
custody of law enforcement officials. Such transportation may be 
provided only to make a transfer of custody at a location within 
30 miles of the premises described in subparagraphs (A) and (B) 
of paragraph (1).’’. 
(b) CONFORMING AMENDMENT RELATING TO TORT LIABILITY.— 
Paragraph (1) of section 11(d) of the National Security Agency 
Act of 1959 (50 U.S.C. 402 note) is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at the end; 
(2) in subparagraph (C), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(D) transport an individual pursuant to subsection (a)(2).’’. 
Deadline. 
Reports. 
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125 STAT. 1894 
PUBLIC LAW 112–87—JAN. 3, 2012 
Subtitle D—Other Elements 
SEC. 431. CODIFICATION OF OFFICE OF INTELLIGENCE AND ANALYSIS 
OF THE DEPARTMENT OF HOMELAND SECURITY AS ELE-
MENT 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 APPROPRIA-
TIONS AND OTHER AMOUNTS FOR INTELLIGENCE ELE-
MENTS OF THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 21 of title 10, United States Code, 
is amended by inserting after section 428 the following new section: 
‘‘§ 429. Appropriations for Defense intelligence elements: 
accounts for transfers; transfer authority 
‘‘(a) ACCOUNTS
FOR
APPROPRIATIONS
FOR
DEFENSE
INTEL-
LIGENCE ELEMENTS.—The Secretary of Defense may transfer appro-
priations 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 appropria-
tion 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 trans-
ferred, and shall remain subject to the same limitations provided 
in the act making the appropriation. 
‘‘(d) OBLIGATION AND EXPENDITURE OF FUNDS.—Unless other-
wise specifically authorized by law, funds transferred pursuant 
to subsection (a) shall only be obligated and expended in accordance 
10 USC 429. 
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125 STAT. 1895 
PUBLIC LAW 112–87—JAN. 3, 2012 
with chapter 15 of title 31 and all other applicable provisions 
of law. 
‘‘(e) DEFENSE INTELLIGENCE ELEMENT DEFINED.—In this sec-
tion, 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 begin-
ning 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; trans-
fer authority.’’. 
SEC. 434. REPORT ON TRAINING STANDARDS OF DEFENSE INTEL-
LIGENCE 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 profes-
sional development standards applied to personnel of defense 
intelligence components; and 
(2) an assessment of the ability to implement a certification 
program for personnel of the defense intelligence components 
based on achievement of required training, education, and 
professional development standards. 
(b) DEFINITIONS.—In this section: 
(1) 
DEFENSE
INTELLIGENCE
COMPONENTS.—The 
term 
‘‘defense intelligence components’’ means— 
(A) the National Security Agency; 
(B) the Defense Intelligence Agency; 
(C) the National Geospatial-Intelligence Agency; 
(D) the National Reconnaissance Office; 
(E) the intelligence elements of the Army, the Navy, 
the Air Force, and the Marine Corps; and 
(F) other offices within the Department of Defense 
for the collection of specialized national intelligence through 
reconnaissance programs. 
(2) 
DEFENSE
INTELLIGENCE
WORKFORCE.—The 
term 
‘‘defense intelligence workforce’’ means the personnel of the 
defense intelligence components. 
TITLE V—OTHER MATTERS 
SEC. 501. REPORT ON AIRSPACE RESTRICTIONS FOR USE OF 
UNMANNED AERIAL VEHICLES ALONG THE BORDER OF 
THE UNITED STATES AND MEXICO. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Homeland Security shall submit to the 
congressional intelligence committees, the Committee on Homeland 
Security of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report 
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125 STAT. 1896 
PUBLIC LAW 112–87—JAN. 3, 2012 
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 Sec-
retary of Homeland Security, in consultation with the Director 
of National Intelligence, should continue to integrate and utilize 
fusion centers to enlist all of the intelligence, law enforcement, 
and homeland security capabilities of the United States in a manner 
that is consistent with the Constitution to prevent acts of terrorism 
against the United States. 
SEC. 503. STRATEGY TO COUNTER IMPROVISED EXPLOSIVE DEVICES. 
(a) STRATEGY.— 
(1) ESTABLISHMENT.—The Director of National Intelligence 
and the Secretary of Defense shall establish a coordinated 
strategy utilizing all available personnel and assets for intel-
ligence 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 explo-
sive 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 Representa-
tives and the Senate a report containing the strategy estab-
lished under subsection (a); and 
(2) implement such strategy. 
SEC. 504. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAIL-
WAY TRANSPORTATION SECURITY. 
It is the sense of Congress that— 
(1) the nation’s railway transportation (including subway 
transit) network is broad and technically complex, requiring 
robust communication between private sector stakeholders and 
the intelligence community to identify, monitor, and respond 
to threats; 
Pakistan. 
Afghanistan. 
10 USC 113 note. 
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125 STAT. 1897 
PUBLIC LAW 112–87—JAN. 3, 2012 
(2) the Department of Homeland Security Office of Intel-
ligence and Analysis maintains a constructive relationship with 
other Federal agencies, state and local governments, and pri-
vate 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 Pro-
gram’’. 
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 Prin-
cipal Deputy Director of National Intelligence,’’ after ‘‘in such 
department,’’; and 
(2) by striking ‘‘Central Intelligence,’’ and inserting ‘‘the 
Central Intelligence Agency,’’. 
SEC. 507. BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the 
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125 STAT. 1898 
PUBLIC LAW 112–87—JAN. 3, 2012 
LEGISLATIVE HISTORY—H.R. 1892: 
HOUSE REPORTS: No. 112–197 (Permanent Select Comm. on Intelligence). 
CONGRESSIONAL RECORD, Vol. 157 (2011): 
Sept. 9, considered and passed House. 
Dec. 14, considered and passed Senate, amended. 
Dec. 16, House concurred in Senate amendment. 
Congressional Record by the Chairman of the Senate Budget Com-
mittee, provided that such statement has been submitted prior 
to the vote on passage. 
Approved January 3, 2012. 
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