[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1458 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 124
112th CONGRESS
  1st Session
                                S. 1458

                          [Report No. 112-43]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2011

Mrs. Feinstein, from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


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

    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--BUDGET AND PERSONNEL AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 303. Enhancement of authority for flexible personnel management 
                            among the elements of the intelligence 
                            community.
Sec. 304. Cost estimates.
Sec. 305. Preparation of nuclear proliferation assessment statements.
Sec. 306. Detainees held at United States Naval Station, Guantanamo 
                            Bay, Cuba.
Sec. 307. Updates of intelligence relating to terrorist recidivism of 
                            detainees held at United States Naval 
                            Station, Guantanamo Bay, Cuba.
Sec. 308. Submission of information on Guantanamo Bay detainee 
                            transfers.
Sec. 309. Enhanced procurement authority to manage supply chain risk.
Sec. 310. Report on burial allowances.
Sec. 311. Modification of certain reporting requirements.
  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Temporary appointment to fill vacancies within Office of the 
                            Director of National Intelligence.
Sec. 402. Application of certain financial reporting requirements to 
                            the Office of the Director of National 
                            Intelligence.
Sec. 403. Public availability of information regarding the Inspector 
                            General of the Intelligence Community.
Sec. 404. Technical correction to the Executive Schedule.
                Subtitle B--Central Intelligence Agency

Sec. 411. Foreign language proficiency requirements for Central 
                            Intelligence Agency officers.
Sec. 412. Acceptance of gifts.
Sec. 413. Public availability of information regarding the Inspector 
                            General of the Central Intelligence Agency.
Sec. 414. Recruitment of personnel in the Office of the Inspector 
                            General.
                  Subtitle C--National Security Agency

Sec. 421. Confirmation of appointment of the Director of the National 
                            Security Agency.
Sec. 422. Additional authorities for National Security Agency security 
                            personnel.
                       Subtitle D--Other Elements

Sec. 431. Appropriations for defense intelligence elements: accounts 
                            for transfer; transfer.
Sec. 432. Federal Bureau of Investigation participation in the 
                            Department of Justice leave bank.
Sec. 433. Intelligence community membership of the Office of 
                            Intelligence and Analysis of the Department 
                            of Homeland Security.
                         TITLE V--OTHER MATTERS

Sec. 501. Conforming the FISA Amendments Act of 2008 sunset with other 
                            FISA sunsets.
Sec. 502. Technical amendments to the National Security Act of 1947.
Sec. 503. Technical amendments to title 18, United States Code.

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--BUDGET AND PERSONNEL AUTHORIZATIONS

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 the authorized 
personnel levels (expressed as full-time equivalent positions) 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 S. __ of the One Hundred Twelfth Congress.
    (b) Availability of Classified Schedule of Authorizations.--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. The President shall provide for 
suitable distribution of the Schedule, or of appropriate portions of 
the Schedule, within the executive branch.

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 
$585,187,000. 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 800 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 made available 
        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 full-time equivalent 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 
$513,700,000.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

SEC. 301. 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 
that is not otherwise authorized by the Constitution or the laws of the 
United States.

SEC. 302. 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. 303. 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 coordination 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. 304. 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 inserting 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, this includes 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 180 days after the date of the enactment of this Act.

SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS.

    Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is 
amended--
            (1) in subsection a., in the first undesignated paragraph 
        after paragraph (9)--
                    (A) by striking the third sentence and inserting 
                ``The Secretary of State and the Director of National 
                Intelligence shall provide to the President an 
                unclassified Nuclear Proliferation Assessment Statement 
                as follows: Parts A and B of such assessment shall be 
                prepared by the Secretary of State, in consultation 
                with the Director of National Intelligence. Part A 
                shall analyze the consistency of the text of the 
                proposed agreement for cooperation with all the 
                requirements of this chapter, with specific attention 
                to whether the proposed agreement is consistent with 
                each of the criteria set forth in this subsection. Part 
                B shall analyze the adequacy of the safeguards and 
                other control mechanisms and the peaceful use 
                assurances contained in the agreement for cooperation 
                to ensure that any assistance furnished thereunder will 
                not be used to further any military or nuclear 
                explosive purposes. Part C of such assessment shall be 
                prepared by the Director of National Intelligence, in 
                consultation with the Secretary of State, and consist 
                of 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.''; and
                    (B) by striking ``Each Nuclear Proliferation 
                Assessment Statement prepared pursuant to this Act 
                shall be accompanied by a classified annex, prepared in 
                consultation with the Director of Central 
                Intelligence,'' and inserting ``Each Nuclear 
                Proliferation Assessment Statement prepared pursuant to 
                this Act shall be accompanied by a classified annex 
                prepared by the Director of National Intelligence and 
                the Secretary of State'';
            (2) in subsection b., by inserting ``and in addition has 
        submitted such Nuclear Proliferation Assessment Statement and 
        any annexes to accompany it to the Select Committee on 
        Intelligence of the Senate and the Permanent Select Committee 
        on Intelligence of the House of Representatives,'' after 
        ``Representatives,''; and
            (3) in subsection d., in the first proviso, by striking 
        ``prepared by the Secretary of State,'' and inserting 
        ``prepared pursuant to this section,''.

SEC. 306. DETAINEES HELD AT UNITED STATES NAVAL STATION, GUANTANAMO 
              BAY, CUBA.

    (a) Department of Homeland Security Appropriations Act, 2010.--
Subsection (e) of section 552 of the Department of Homeland Security 
Appropriations Act, 2010 (Public Law 111-83; 123 Stat. 2178) is 
amended--
            (1) in the matter preceding paragraph (1), by striking ``15 
        days'' and inserting ``30 days'';
            (2) in paragraph (3), by striking ``such agreement.'' and 
        inserting ``such agreement and any monitoring assurances 
        provided by such government.''; and
            (3) by adding at the end the following new paragraph:
            ``(4) The agency or department of the United States 
        responsible for ensuring that the agreement described in 
        paragraph (3) is carried out.''.
    (b) Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2010.--Subsection (e) of section 428 of the 
Department of the Interior, Environment, and Related Agencies 
Appropriations Act, 2010 (division A of Public Law 111-88; 123 Stat. 
2963) is amended--
            (1) in the matter preceding paragraph (1), by striking ``15 
        days'' and inserting ``30 days'';
            (2) in paragraph (3), by striking ``such agreement.'' and 
        inserting ``such agreement and any monitoring assurances 
        provided by such government.''; and
            (3) by adding at the end the following new paragraph:
            ``(4) The agency or department of the United States 
        responsible for ensuring that the agreement described in 
        paragraph (3) is carried out.''.

SEC. 307. UPDATES OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM OF 
              DETAINEES HELD AT UNITED STATES NAVAL STATION, GUANTANAMO 
              BAY, CUBA.

    Section 334 of the Intelligence Authorization Act for Fiscal Year 
2010 (Public Law 111-259; 124 Stat. 2688) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``(a) In General.--'' before ``Not''; and
            (2) by adding at the end the following new subsection:
    ``(b) Updates.--
            ``(1) Requirement for 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 the Naval Detention Facility 
        at Guantanamo Bay, Cuba, who are confirmed or suspected 
        recidivists.
            ``(2) Initial update.--The initial update required by 
        paragraph (1) 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).''.

SEC. 308. SUBMISSION OF INFORMATION ON GUANTANAMO BAY DETAINEE 
              TRANSFERS.

    (a) Requirement for Submission.--Not later than 45 days after the 
date of the enactment of this Act, the Director of National 
Intelligence, in coordination with the Secretary of State, shall submit 
to the congressional intelligence committees information concerning the 
transfer or potential transfer of individuals who are or have been 
detained by the United States at Naval Station, Guantanamo Bay, Cuba.
    (b) Information Required.--The information required by subsection 
(a) shall include the following:
            (1) An assessment of the sufficiency of the monitoring 
        undertaken by each foreign country to which an individual 
        referred to in subsection (a) has been transferred.
            (2) Any written or verbal agreement between the Secretary 
        of State and the government of a foreign country that describes 
        monitoring and security assurances related to such an 
        individual.
            (3) Each Department of State cable, memorandum, or report 
        relating to or describing the threat such an individual may or 
        may not pose.

SEC. 309. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK.

    (a) Definitions.--In this section:
            (1) Covered agency.--The term ``covered agency'' means any 
        element of the intelligence community other than an element 
        within the Department of Defense.
            (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, in unclassified or 
        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 classified or unclassified notice 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) 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.
    (e) 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.
    (f) 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. REPORT ON BURIAL ALLOWANCES.

    Not later than September 1, 2011, the Director of the Office of 
Personnel Management, in consultation with the Director of National 
Intelligence, the Secretary of Labor, and the Secretary of Defense, 
shall submit to the congressional intelligence committees a report on 
current burial allowances for Federal civilian or military personnel. 
Such report shall include any recommendations of the Director for 
legislation to provide for burial allowances at a level which 
adequately addresses the cost of burials and provides for equitable 
treatment across the United States Government.

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 1997.--Section 
721 of the Intelligence Authorization Act for Fiscal Year 1997 (50 
U.S.C. 2366) is amended by adding at the end the following new 
subsection:
    ``(d) Effective Date.--This section shall be in effect until 
January 1, 2011.''.
    (d) 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)''.
    (e) 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''.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

      Subtitle A--Office of the Director of National Intelligence

SEC. 401. TEMPORARY APPOINTMENT TO FILL VACANCIES WITHIN OFFICE OF THE 
              DIRECTOR OF NATIONAL INTELLIGENCE.

    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,' for `such Executive agency'; and
            ``(2) in subparagraph (A), by substituting `the 
        intelligence community' for `such agency'.''.

SEC. 402. APPLICATION OF CERTAIN FINANCIAL REPORTING REQUIREMENTS TO 
              THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.

    For each of the fiscal years 2010, 2011, and 2012, the requirements 
of section 3515 of title 31, United States Code, to submit an audited 
financial statement shall not apply to the Office of the Director of 
National Intelligence if the Director of National Intelligence 
determines and notifies the congressional intelligence committees 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. TECHNICAL CORRECTION TO 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.''.

                Subtitle B--Central Intelligence Agency

SEC. 411. 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. 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 which 
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, assign a gift 
accepted under the authority in this section to an individual described 
in paragraph (3) for the purposes described in paragraph (2)(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. 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 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. 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. CONFIRMATION OF APPOINTMENT OF THE DIRECTOR OF THE NATIONAL 
              SECURITY AGENCY.

    (a) Director of National Security Agency.--Section 2 of the 
National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended--
            (1) by inserting ``(b)'' before ``There''; and
            (2) by inserting before subsection (b), as so designated by 
        paragraph (1), the following new subsection
    ``(a)(1) There is a Director of the National Security Agency.
    ``(2) The Director of the National Security Agency shall be 
appointed by the President, by and with the advice and consent of the 
Senate.
    ``(3) The Director of the National Security Agency shall be the 
head of the National Security Agency and shall discharge such functions 
and duties as are provided by this Act or otherwise by law.''.
    (b) Positions of Importance and Responsibility.--The President may 
designate the Director of the National Security Agency as a position of 
importance and responsibility under section 601 of title 10, United 
States Code.
    (c) Effective Date and Applicability.--
            (1) In general.--The amendments made by subsection (a) 
        shall take effect on the date of the enactment of this Act and 
        shall apply upon the earlier of--
                    (A) the date of the nomination by the President of 
                an individual to serve as the Director of the National 
                Security Agency, except that the individual serving as 
                such Director as of the date of the enactment of this 
                Act may continue to perform such duties after such date 
                of nomination and until the individual appointed as 
                such Director, by and with the advice and consent of 
                the Senate, assumes the duties of such Director; or
                    (B) the date of the cessation of the performance of 
                the duties of such Director by the individual 
                performing such duties as of the date of the enactment 
                of this Act.
            (2) Positions of importance and responsibility.--Subsection 
        (b) shall take effect on the date of the enactment of this Act.

SEC. 422. 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. APPROPRIATIONS FOR DEFENSE INTELLIGENCE ELEMENTS: ACCOUNTS 
              FOR TRANSFER; TRANSFER.

    (a) In General.--Subchapter I of chapter 21 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 429. Appropriations for defense intelligence elements: accounts 
              for transfer; transfer
    ``(a) Transfer of Appropriations for Defense Intelligence 
Elements.--In addition to any other transfer authority available to the 
Secretary of Defense and notwithstanding section 1501 of title 31, 
United States Code, there may be transferred to an account established 
pursuant to subsection (b) the following:
            ``(1) Appropriations transferred by the Secretary of 
        Defense from appropriations of the Department of Defense 
        available for intelligence, intelligence-related activities, 
        and communications.
            ``(2) Appropriations and other amounts transferred by the 
        Director of National Intelligence.
            ``(3) Amounts and reimbursements in connection with 
        transactions authorized by law between the defense intelligence 
        elements and other entities.
    ``(b) Accounts for Appropriations for Defense Intelligence 
Elements.--The Secretary of the Treasury shall establish one or more 
accounts for the receipt of appropriations and other amounts 
transferred pursuant to subsection (a).
    ``(c) Availability and Use of Funds.--Funds transferred to an 
account established under subsection (b) shall remain available for the 
same time period, and shall be available for the same purpose, as the 
original appropriations from which the funds were transferred.
    ``(d) Availability of Appropriations and Amounts Transferred.--(1) 
Appropriations transferred pursuant to subsection (a) shall remain 
available for the same time period, and shall be available for the same 
purposes, as the appropriations from which transferred.
    ``(2) Appropriation balances in an account established pursuant to 
subsection (b) may be transferred back to the account or accounts from 
which such balances originated as an appropriation refund.
    ``(e) Defense Intelligence Element Defined.--In this section, the 
term `Defense intelligence element' means any agency, office, or 
element of the Department of Defense that is 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)).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of chapter 21 of such title is amended by inserting after 
the item relating to section 428 the following new item:

``429. Appropriations for defense intelligence elements: accounts for 
                            transfer; transfer.''.

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 in 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. INTELLIGENCE COMMUNITY MEMBERSHIP OF THE OFFICE OF 
              INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF HOMELAND 
              SECURITY.

    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.''.

                         TITLE V--OTHER MATTERS

SEC. 501. CONFORMING THE FISA AMENDMENTS ACT OF 2008 SUNSET WITH OTHER 
              FISA SUNSETS.

    (a) Extension.--Section 403(b)(1) of the FISA Amendments Act of 
2008 (Public Law 110-261; 50 U.S.C. 1881 note) is amended by striking 
``December 31, 2012'' and inserting ``June 1, 2015''.
    (b) Technical and Conforming Amendments.--Section 403(b)(2) of such 
Act (Public Law 110-261; 122 Stat. 2474) is amended by striking 
``December 31, 2012'' and inserting ``June 1, 2015''.
    (c) Orders in Effect.--Section 404(b)(1) of such Act (Public Law 
110-261; 50 U.S.C. 1801 note) is amended in the heading by striking 
``December 31, 2012'' and inserting ``June 1, 2015''.

SEC. 502. 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. 503. 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,''.
                                                       Calendar No. 124

112th CONGRESS

  1st Session

                                S. 1458

                          [Report No. 112-43]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             August 1, 2011

                 Read twice and placed on the calendar