[Congressional Record Volume 157, Number 192 (Wednesday, December 14, 2011)]
[Senate]
[Pages S8604-S8610]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1462. Mr. REID (for Mr. Kerry (for himself and Mr. Lugar)) 
proposed an amendment to the bill H.R. 515, to reauthorize the Belarus 
Democracy Act of 2004; as follows:

       On page 6, line 19, strike ``and'' and insert ``expanded 
     its visa ban list, imposed additional financial sanctions on 
     certain state-owned enterprises, and initiated preparations 
     to freeze the assets of several individuals in Belarus. 
     The''.
       On page 10, line 9, strike ``continue to''.
                                 ______
                                 
  SA 1463. Mr. REID (for Mrs. Feinstein (for herself and Mr. 
Chambliss)) proposed an amendment to the bill H.R. 1892, 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; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2012''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; Table of contents.
Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Annual report on hiring of National Security Education 
              Program participants.
Sec. 304. Enhancement of authority for flexible personnel management 
              among the elements of the intelligence community.
Sec. 305. Preparation of nuclear proliferation assessment statements.
Sec. 306. Cost estimates.
Sec. 307. Updates of intelligence relating to terrorist recidivism of 
              detainees held at United States Naval Station, Guantanamo 
              Bay, Cuba.
Sec. 308. Notification of transfer of a detainee held at United States 
              Naval Station, Guantanamo Bay, Cuba.
Sec. 309. Enhanced procurement authority to manage supply chain risk.
Sec. 310. Burial allowance.
Sec. 311. Modification of certain reporting requirements.
Sec. 312. Review of strategic and competitive analysis conducted by the 
              intelligence community.

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

      Subtitle A--Office of the Director of National Intelligence

Sec. 401. Intelligence community assistance to counter drug trafficking 
              organizations using public lands.
Sec. 402. Application of certain financial reporting requirements to 
              the Office of the Director of National Intelligence.
Sec. 403. Public availability of information regarding the Inspector 
              General of the Intelligence Community.
Sec. 404. Clarification of status of Chief Information Officer in the 
              Executive Schedule.
Sec. 405. Temporary appointment to fill vacancies within Office of the 
              Director of National Intelligence.

                Subtitle B--Central Intelligence Agency

Sec. 411. Acceptance of gifts.
Sec. 412. Foreign language proficiency requirements for Central 
              Intelligence Agency officers.
Sec. 413. Public availability of information regarding the Inspector 
              General of the Central Intelligence Agency.
Sec. 414. Creating an official record of the Osama bin Laden operation.
Sec. 415. Recruitment of personnel in the Office of the Inspector 
              General.

                  Subtitle C--National Security Agency

Sec. 421. Additional authorities for National Security Agency security 
              personnel.

                       Subtitle D--Other Elements

Sec. 431. Codification of Office of Intelligence and Analysis of the 
              Department of Homeland Security as element of the 
              intelligence community.
Sec. 432. Federal Bureau of Investigation participation in the 
              Department of Justice leave bank.
Sec. 433. Accounts and transfer authority for appropriations and other 
              amounts for intelligence elements of the Department of 
              Defense.
Sec. 434. Report on training standards of defense intelligence 
              workforce.

[[Page S8605]]

                         TITLE V--OTHER MATTERS

Sec. 501. Report on airspace restrictions for use of unmanned aerial 
              vehicles along the border of the United States and 
              Mexico.
Sec. 502. Sense of Congress regarding integration of fusion centers.
Sec. 503. Strategy to counter improvised explosive devices.
Sec. 504. Sense of Congress regarding the priority of railway 
              transportation security.
Sec. 505. Technical amendments to the National Security Act of 1947.
Sec. 506. Technical amendments to title 18, United States Code.
Sec. 507. Budgetary effects.

     SEC. 2. DEFINITIONS.

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

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts and Personnel Levels.--The 
     amounts authorized to be appropriated under section 101 and, 
     subject to section 103, the authorized personnel ceilings as 
     of September 30, 2012, for the conduct of the intelligence 
     activities of the elements listed in paragraphs (1) through 
     (16) of section 101, are those specified in the classified 
     Schedule of Authorizations prepared to accompany the bill 
     H.R. 1892 of the One Hundred Twelfth Congress.
       (b) Availability of Classified Schedule of 
     Authorizations.--
       (1) Availability to committees of congress.--The classified 
     Schedule of Authorizations referred to in subsection (a) 
     shall be made available to the Committee on Appropriations of 
     the Senate, the Committee on Appropriations of the House of 
     Representatives, and to the President.
       (2) Distribution by the president.--Subject to paragraph 
     (3), the President shall provide for suitable distribution of 
     the classified Schedule of Authorizations, or of appropriate 
     portions of the Schedule, within the executive branch.
       (3) Limits on disclosure.--The President shall not publicly 
     disclose the classified Schedule of Authorizations or any 
     portion of such Schedule except--
       (A) as provided in section 601(a) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
     415c)
       (B) to the extent necessary to implement the budget; or
       (C) as otherwise required by law.
       (c) Use of Funds for Certain Activities in the Classified 
     Annex.--In addition to any other purpose authorized by law, 
     the Director of the Federal Bureau of Investigation may 
     expend funds authorized in this Act as specified in the 
     Federal Bureau of Investigation Policy Implementation section 
     of the classified annex accompanying this Act.

     SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

       (a) Authority for Increases.--The Director of National 
     Intelligence may authorize the employment of civilian 
     personnel in excess of the number of full-time equivalent 
     positions for fiscal year 2012 authorized by the classified 
     Schedule of Authorizations referred to in section 102(a) if 
     the Director of National Intelligence determines that such 
     action is necessary for the performance of important 
     intelligence functions, except that the number of personnel 
     employed in excess of the number authorized under such 
     section may not, for any element of the intelligence 
     community, exceed 3 percent of the number of civilian 
     personnel authorized under such section for such element.
       (b) Authority for Conversion of Activities Performed by 
     Contract Personnel.--
       (1) In general.--In addition to the authority in subsection 
     (a) and subject to paragraph (2), if the head of an element 
     of the intelligence community makes a determination that 
     activities currently being performed by contract personnel 
     should be performed by employees of such element, the 
     Director of National Intelligence, in order to reduce a 
     comparable number of contract personnel, may authorize for 
     that purpose employment of additional full-time equivalent 
     personnel in such element equal to the number of full-time 
     equivalent contract personnel performing such activities.
       (2) Concurrence and approval.--The authority described in 
     paragraph (1) may not be exercised unless the Director of 
     National Intelligence concurs with the determination 
     described in such paragraph.
       (c) Treatment of Certain Personnel.--The Director of 
     National Intelligence shall establish guidelines that govern, 
     for each element of the intelligence community, the treatment 
     under the personnel levels authorized under section 102(a), 
     including any exemption from such personnel levels, of 
     employment or assignment--
       (1) in a student program, trainee program, or similar 
     program;
       (2) in a reserve corps or as a reemployed annuitant; or
       (3) in details, joint duty, or long-term, full-time 
     training.
       (d) Notice to Congressional Intelligence Committees.--The 
     Director of National Intelligence shall notify the 
     congressional intelligence committees in writing at least 15 
     days prior to the initial exercise of an authority described 
     in subsection (a) or (b).

     SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2012 the sum of $576,393,000. Within such amount, funds 
     identified in the classified Schedule of Authorizations 
     referred to in section 102(a) for advanced research and 
     development shall remain available until September 30, 2013.
       (b) Authorized Personnel Levels.--The elements within the 
     Intelligence Community Management Account of the Director of 
     National Intelligence are authorized 777 full-time or full-
     time equivalent personnel as of September 30, 2012. Personnel 
     serving in such elements may be permanent employees of the 
     Office of the Director of National Intelligence or personnel 
     detailed from other elements of the United States Government.
       (c) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Intelligence 
     Community Management Account by subsection (a), there are 
     authorized to be appropriated for the Community Management 
     Account for fiscal year 2012 such additional amounts as are 
     specified in the classified Schedule of Authorizations 
     referred to in section 102(a). Such additional amounts for 
     advanced research and development shall remain available 
     until September 30, 2013.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Intelligence Community Management Account as of September 30, 
     2012, there are authorized such additional personnel for the 
     Community Management Account as of that date as are specified 
     in the classified Schedule of Authorizations referred to in 
     section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 2012 the sum of $514,000,000.

                     TITLE III--GENERAL PROVISIONS

     SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this Act for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

     SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this Act shall not 
     be deemed to constitute authority for the conduct of any 
     intelligence activity which is not otherwise authorized by 
     the Constitution or the laws of the United States.

     SEC. 303. ANNUAL REPORT ON HIRING OF NATIONAL SECURITY 
                   EDUCATION PROGRAM PARTICIPANTS.

       Not later than 90 days after the end of each of fiscal 
     years 2012, 2013, and 2014, the head of each element of the 
     intelligence community shall submit to the congressional 
     intelligence committees a report, which may be in classified 
     form, containing the number of personnel hired by such 
     element during such fiscal year that were at any time a 
     recipient of a grant or scholarship under the David L. Boren 
     National Security Education Act of 1991 (50 U.S.C. 1901 et 
     seq.).

     SEC. 304. ENHANCEMENT OF AUTHORITY FOR FLEXIBLE PERSONNEL 
                   MANAGEMENT AMONG THE ELEMENTS OF THE 
                   INTELLIGENCE COMMUNITY.

       Section 102A of the National Security Act of 1947 (50 
     U.S.C. 403-1) is amended by adding at the end the following 
     new subsection:
       ``(v) Authority To Establish Positions in Excepted 
     Service.--(1) The Director of National Intelligence, with the 
     concurrence of the head of the covered department concerned 
     and in consultation with the Director of the Office of 
     Personnel Management, may--
       ``(A) convert competitive service positions, and the 
     incumbents of such positions, within

[[Page S8606]]

     an element of the intelligence community in such department, 
     to excepted service positions as the Director of National 
     Intelligence determines necessary to carry out the 
     intelligence functions of such element; and
       ``(B) establish new positions in the excepted service 
     within an element of the intelligence community in such 
     department, if the Director of National Intelligence 
     determines such positions are necessary to carry out the 
     intelligence functions of such element.
       ``(2) An incumbent occupying a position on the date of the 
     enactment of the Intelligence Authorization Act for Fiscal 
     Year 2012 selected to be converted to the excepted service 
     under this section shall have the right to refuse such 
     conversion. Once such individual no longer occupies the 
     position, the position may be converted to the excepted 
     service.
       ``(3) In this subsection, the term `covered department' 
     means the Department of Energy, the Department of Homeland 
     Security, the Department of State, or the Department of the 
     Treasury.''.

     SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION ASSESSMENT 
                   STATEMENTS.

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

     SEC. 306. COST ESTIMATES.

       (a) In General.--Section 506A of the National Security Act 
     of 1947 (50 U.S.C. 415a-1) is amended--
       (1) in subsection (a)(2)--
       (A) by inserting ``(A)'' after ``(2)''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) For major system acquisitions requiring a service or 
     capability from another acquisition or program to deliver the 
     end-to-end functionality for the intelligence community end 
     users, independent cost estimates shall include, to the 
     maximum extent practicable, all estimated costs across all 
     pertinent elements of the intelligence community. For 
     collection programs, such cost estimates shall include the 
     cost of new analyst training, new hardware and software for 
     data exploitation and analysis, and any unique or additional 
     costs for data processing, storing, and power, space, and 
     cooling across the life cycle of the program. If such costs 
     for processing, exploitation, dissemination, and storage are 
     scheduled to be executed in other elements of the 
     intelligence community, the independent cost estimate shall 
     identify and annotate such costs for such other elements 
     accordingly.''; and
       (2) in subsection (e)(2)--
       (A) by inserting ``(A)'' after ``(2)'';
       (B) in subparagraph (A), as so designated, by striking 
     ``associated with the acquisition of a major system,'' and 
     inserting ``associated with the development, acquisition, 
     procurement, operation, and sustainment of a major system 
     across its proposed life cycle,''; and
       (C) by adding at the end the following:
       ``(B) In accordance with subsection (a)(2)(B), each 
     independent cost estimate shall include all costs required 
     across elements of the intelligence community to develop, 
     acquire, procure, operate, and sustain the system to provide 
     the end-to-end intelligence functionality of the system, 
     including--
       ``(i) for collection programs, the cost of new analyst 
     training, new hardware and software for data exploitation and 
     analysis, and any unique or additional costs for data 
     processing, storing, and power, space, and cooling across the 
     life cycle of the program; and
       ``(ii) costs for processing, exploitation, dissemination, 
     and storage scheduled to be executed in other elements of the 
     intelligence community.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.

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

       (a) Updates and Consolidation of Language.--
       (1) In general.--Title V of the National Security Act of 
     1947 (50 U.S.C. 413 et seq.) is amended by inserting after 
     section 506H the following new section:


``summary of intelligence relating to terrorist recidivism of detainees 
       held at united states naval station, guantanamo bay, cuba

       ``Sec. 506I.  (a) In General.--The Director of National 
     Intelligence, in consultation with the Director of the 
     Central Intelligence Agency and the Director of the Defense 
     Intelligence Agency, shall make publicly available an 
     unclassified summary of--
       ``(1) intelligence relating to recidivism of detainees 
     currently or formerly held at the Naval Detention Facility at 
     Guantanamo Bay, Cuba, by the Department of Defense; and
       ``(2) an assessment of the likelihood that such detainees 
     will engage in terrorism or communicate with persons in 
     terrorist organizations.
       ``(b) Updates.--Not less frequently than once every 6 
     months, the Director of National Intelligence, in 
     consultation with the Director of the Central Intelligence 
     Agency and the Secretary of Defense, shall update and make 
     publicly available an unclassified summary consisting of the 
     information required by subsection (a) and the number of 
     individuals formerly detained at Naval Station, Guantanamo 
     Bay, Cuba, who are confirmed or suspected of returning to 
     terrorist activities after release or transfer from such 
     Naval Station.''.
       (2) Initial update.--The initial update required by section 
     506I(b) of such Act, as added by paragraph (1) of this 
     subsection, shall be made publicly available not later than 
     10 days after the date the first report following the date of 
     the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2012 is submitted to members and committees of 
     Congress pursuant to section 319 of the Supplemental 
     Appropriations Act, 2009 (Public Law 111-32; 10 U.S.C. 801 
     note).
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the National Security Act of 1947 is 
     amended by inserting after the item relating to section 506H 
     the following new item:

``Sec. 506I. Summary of intelligence relating to terrorist recidivism 
              of detainees held at United States Naval Station, 
              Guantanamo Bay, Cuba.''.

     SEC. 308. NOTIFICATION OF TRANSFER OF A DETAINEE HELD AT 
                   UNITED STATES NAVAL STATION, GUANTANAMO BAY, 
                   CUBA.

       (a) Requirement for Notification.--The President shall 
     submit to Congress, in classified form, at least 30 days 
     prior to the transfer or release of an individual detained at 
     Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to 
     the country of such individual's nationality or last habitual 
     residence or to any other foreign country or to a freely 
     associated State the following information:
       (1) The name of the individual to be transferred or 
     released.
       (2) The country or the freely associated State to which 
     such individual is to be transferred or released.
       (3) The terms of any agreement with the country or the 
     freely associated State for the acceptance of such 
     individual, including the amount of any financial assistance 
     related to such agreement.
       (4) The agencies or departments of the United States 
     responsible for ensuring that the agreement described in 
     paragraph (3) is carried out.
       (b) Definition.--In this section, the term ``freely 
     associated States'' means the Federated States of Micronesia, 
     the Republic of the Marshall Islands, and the Republic of 
     Palau.
       (c) Construction With Other Requirements.--Nothing in this 
     section shall be construed to supersede or otherwise affect 
     the following provisions of law:
       (1) Section 1028 of the National Defense Authorization Act 
     for Fiscal Year 2012.
       (2) Section 8120 of the Department of Defense 
     Appropriations Act, 2012.

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

       (a) Definitions.--In this section:
       (1) Covered agency.--The term ``covered agency'' means any 
     element of the intelligence community other than an element 
     within the Department of Defense.
       (2) Covered item of supply.--The term ``covered item of 
     supply'' means an item of information technology (as that 
     term is defined in section 11101 of title 40, United States 
     Code) that is purchased for inclusion in a covered system, 
     and the loss of integrity of which could result in a supply 
     chain risk for a covered system.
       (3) Covered procurement.--The term ``covered procurement'' 
     means--
       (A) a source selection for a covered system or a covered 
     item of supply involving either a performance specification, 
     as provided in section 3306(a)(3)(B) of title 41, United 
     States Code, or an evaluation factor, as provided in section 
     3306(b)(1) of such title, relating to supply chain risk;
       (B) the consideration of proposals for and issuance of a 
     task or delivery order for a covered system or a covered item 
     of supply, as provided in section 4106(d)(3) of title 41, 
     United States Code, where the task or delivery order contract 
     concerned includes a contract clause establishing a 
     requirement relating to supply chain risk; or
       (C) any contract action involving a contract for a covered 
     system or a covered item of supply where such contract 
     includes a clause establishing requirements relating to 
     supply chain risk.
       (4) Covered procurement action.--The term ``covered 
     procurement action'' means any of the following actions, if 
     the action takes place in the course of conducting a covered 
     procurement:
       (A) The exclusion of a source that fails to meet 
     qualifications standards established in

[[Page S8607]]

     accordance with the requirements of section 3311 of title 41, 
     United States Code, for the purpose of reducing supply chain 
     risk in the acquisition of covered systems.
       (B) The exclusion of a source that fails to achieve an 
     acceptable rating with regard to an evaluation factor 
     providing for the consideration of supply chain risk in the 
     evaluation of proposals for the award of a contract or the 
     issuance of a task or delivery order.
       (C) The decision to withhold consent for a contractor to 
     subcontract with a particular source or to direct a 
     contractor for a covered system to exclude a particular 
     source from consideration for a subcontract under the 
     contract.
       (5) Covered system.--The term ``covered system'' means a 
     national security system, as that term is defined in section 
     3542(b) of title 44, United States Code.
       (6) Supply chain risk.--The term ``supply chain risk'' 
     means the risk that an adversary may sabotage, maliciously 
     introduce unwanted function, or otherwise subvert the design, 
     integrity, manufacturing, production, distribution, 
     installation, operation, or maintenance of a covered system 
     so as to surveil, deny, disrupt, or otherwise degrade the 
     function, use, or operation of such system.
       (b) Authority.--Subject to subsection (c) and in 
     consultation with the Director of National Intelligence, the 
     head of a covered agency may, in conducting intelligence and 
     intelligence-related activities--
       (1) carry out a covered procurement action; and
       (2) limit, notwithstanding any other provision of law, in 
     whole or in part, the disclosure of information relating to 
     the basis for carrying out a covered procurement action.
       (c) Determination and Notification.--The head of a covered 
     agency may exercise the authority provided in subsection (b) 
     only after--
       (1) any appropriate consultation with procurement or other 
     relevant officials of the covered agency;
       (2) making a determination in writing, which may be in 
     classified form, that--
       (A) use of the authority in subsection (b)(1) is necessary 
     to protect national security by reducing supply chain risk;
       (B) less intrusive measures are not reasonably available to 
     reduce such supply chain risk; and
       (C) in a case where the head of the covered agency plans to 
     limit disclosure of information under subsection (b)(2), the 
     risk to national security due to the disclosure of such 
     information outweighs the risk due to not disclosing such 
     information;
       (3) notifying the Director of National Intelligence that 
     there is a significant supply chain risk to the covered 
     system concerned, unless the head of the covered agency 
     making the determination is the Director of National 
     Intelligence; and
       (4) providing a notice, which may be in classified form, of 
     the determination made under paragraph (2) to the 
     congressional intelligence committees that includes a summary 
     of the basis for the determination, including a discussion of 
     less intrusive measures that were considered and why they 
     were not reasonably available to reduce supply chain risk.
       (d) Delegation.--The head of a covered agency may not 
     delegate the authority provided in subsection (b) or the 
     responsibility to make a determination under subsection (c) 
     to an official below the level of the service acquisition 
     executive for the agency concerned.
       (e) Savings.--The authority under this section is in 
     addition to any other authority under any other provision of 
     law. The authority under this section shall not be construed 
     to alter or effect the exercise of any other provision of 
     law.
       (f) Effective Date.--The requirements of this section shall 
     take effect on the date that is 180 days after the date of 
     the enactment of this Act and shall apply to contracts that 
     are awarded on or after such date.
       (g) Sunset.--The authority provided in this section shall 
     expire on the date that section 806 of the Ike Skelton 
     National Defense Authorization Act for Fiscal Year 2011 
     (Public Law 111-383; 10 U.S.C. 2304 note) expires.

     SEC. 310. BURIAL ALLOWANCE.

       (a) Authorization to Provide.--
       (1) In general.--The head of an agency or department 
     containing an element of the intelligence community may pay 
     to the estate of a decedent described in paragraph (2) a 
     burial allowance at the request of a representative of such 
     estate, as determined in accordance with the laws of a State.
       (2) Description.--A decedent described in this paragraph is 
     an individual--
       (A) who served as a civilian officer or employee of such an 
     agency or department;
       (B) who died as a result of an injury incurred during such 
     service; and
       (C) whose death--
       (i) resulted from hostile or terrorist activities; or
       (ii) occurred in connection with an intelligence activity 
     having a substantial element of risk.
       (b) Use of Burial Allowance.--A burial allowance paid under 
     subsection (a) may be used to reimburse such estate for 
     burial expenses, including recovery, mortuary, funeral, or 
     memorial service, cremation, burial costs, and costs of 
     transportation by common carrier to the place selected for 
     final disposition of the decedent.
       (c) Amount of Burial Allowance; Relationship to Other 
     Provisions.--A burial allowance paid under subsection (a) 
     shall be--
       (1) in an amount not greater than--
       (A) the maximum reimbursable amount allowed under 
     Department of Defense Instruction 1344.08 or successor 
     instruction; plus
       (B) the actual costs of transportation referred to in 
     subsection (b); and
       (2) in addition to any other benefit permitted under any 
     other provision of law, including funds that may be expended 
     as specified in the General Provisions section of the 
     classified annex accompanying this Act.
       (d) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the Office of 
     Personnel Management, in consultation with the Director of 
     National Intelligence, the Secretary of Labor, and the 
     Secretary of Defense, shall submit to Congress a report on 
     the feasibility of implementing legislation to provide for 
     burial allowances at a level which adequately addresses the 
     cost of burial expenses and provides for equitable treatment 
     when an officer or employee of a Federal agency or department 
     dies as the result of an injury sustained in the performance 
     of duty.

     SEC. 311. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.

       (a) Intelligence Reform and Terrorism Prevention Act of 
     2004.--Section 1041(b) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (50 U.S.C. 403-1b(b)) is 
     amended by striking paragraphs (3) and (4).
       (b) Intelligence Authorization Act for Fiscal Year 2003.--
     Section 904(d)(1) of the Intelligence Authorization Act for 
     Fiscal Year 2003 (50 U.S.C. 402c(d)(1)) is amended by 
     striking ``on an annual basis''.
       (c) Intelligence Authorization Act for Fiscal Year 1995.--
     Section 809 of the Intelligence Authorization Act for Fiscal 
     Year 1995 (50 U.S.C. App. 2170b) is amended--
       (1) by striking subsection (b); and
       (2) in subsection (c), by striking ``reports referred to in 
     subsections (a) and (b)'' and inserting ``report referred to 
     in subsection (a)''.
       (d) Report on Temporary Personnel Authorizations for 
     Critical Language Training.--Paragraph (3)(D) of section 
     102A(e) of the National Security Act of 1947 (50 U.S.C. 403-
     1(e)), as amended by section 306 of the Intelligence 
     Authorization Act for Fiscal Year 2010 (Public Law 111-259; 
     124 Stat. 2661), is amended by striking ``The'' and inserting 
     ``For each of the fiscal years 2010, 2011, and 2012, the''.

     SEC. 312. REVIEW OF STRATEGIC AND COMPETITIVE ANALYSIS 
                   CONDUCTED BY THE INTELLIGENCE COMMUNITY.

       (a) Review.--The Director of National Intelligence shall 
     direct the Director's Senior Advisory Group to conduct a 
     comprehensive review of the strategic and competitive 
     analysis of international terrorism and homegrown violent 
     extremism conducted by elements of the intelligence community 
     during the 12 month period beginning on the date of the 
     enactment of this Act.
       (b) Recommendations.--Not later than 15 months after the 
     date of the enactment of this Act, the Director of the 
     National Intelligence shall submit to the congressional 
     intelligence committees--
       (1) a report on the results of the review conducted under 
     subsection (a); and
       (2) any actions taken by the Director to implement the 
     recommendations, if any, of the Director's Senior Advisory 
     Group based on such results.

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

      Subtitle A--Office of the Director of National Intelligence

     SEC. 401. INTELLIGENCE COMMUNITY ASSISTANCE TO COUNTER DRUG 
                   TRAFFICKING ORGANIZATIONS USING PUBLIC LANDS.

       (a) Consultation.--The Director of National Intelligence 
     shall consult with the heads of the Federal land management 
     agencies on the appropriate actions the intelligence 
     community can take to assist such agencies in responding to 
     the threat from covered entities that are currently or have 
     previously used public lands in the United States to further 
     the operations of such entities.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit to the congressional intelligence committees, 
     the Committee on the Judiciary of the Senate, and the 
     Committee on the Judiciary of the House of Representatives a 
     report on the results of the consultation under subsection 
     (a). Such report shall include--
       (1) an assessment of the intelligence community collection 
     efforts dedicated to covered entities, including any 
     collection gaps or inefficiencies; and
       (2) an assessment of the ability of the intelligence 
     community to assist Federal land management agencies in 
     identifying and protecting public lands from illegal drug 
     grows and other activities and threats of covered entities, 
     including through the sharing of intelligence information.
       (c) Definitions.--In this section:
       (1) Covered entity.--The term ``covered entity'' means an 
     international drug trafficking organization or other actor 
     involved in drug trafficking generally.
       (2) Federal land management agency.--The term ``Federal 
     land management agency'' includes--
       (A) the Forest Service of the Department of Agriculture;
       (B) the Bureau of Land Management of the Department of the 
     Interior;
       (C) the National Park Service of the Department of the 
     Interior;

[[Page S8608]]

       (D) the Fish and Wildlife Service of the Department of the 
     Interior; and
       (E) the Bureau of Reclamation of the Department of the 
     Interior.
       (3) Public lands.--The term ``public lands'' means land 
     under the management of a Federal land management agency.

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

       For each of the fiscal years 2010, 2011, and 2012, the 
     requirements of section 3515 of title 31, United States Code, 
     to submit an audited financial statement shall not apply to 
     the Office of the Director of National Intelligence if the 
     Director of National Intelligence determines and notifies 
     Congress that audited financial statements for such years for 
     such Office cannot be produced on a cost-effective basis.

     SEC. 403. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE 
                   INSPECTOR GENERAL OF THE INTELLIGENCE 
                   COMMUNITY.

       Section 103H of the National Security Act of 1947 (50 
     U.S.C. 403-3h) is amended by adding at the end the following 
     new subsection:
       ``(o) Information on Website.--(1) The Director of National 
     Intelligence shall establish and maintain on the homepage of 
     the publicly accessible website of the Office of the Director 
     of National Intelligence information relating to the Office 
     of the Inspector General of the Intelligence Community 
     including methods to contact the Inspector General.
       ``(2) The information referred to in paragraph (1) shall be 
     obvious and facilitate accessibility to the information 
     related to the Office of the Inspector General of the 
     Intelligence Community.''.

     SEC. 404. CLARIFICATION OF STATUS OF CHIEF INFORMATION 
                   OFFICER IN THE EXECUTIVE SCHEDULE.

       Section 5315 of title 5, United States Code, is amended by 
     inserting after the item relating to the Chief Information 
     Officer, Small Business Administration the following new 
     item:
       ``Chief Information Officer of the Intelligence 
     Community.''.

     SEC. 405. TEMPORARY APPOINTMENT TO FILL VACANCIES WITHIN 
                   OFFICE OF THE DIRECTOR OF NATIONAL 
                   INTELLIGENCE.

       Section 103 of the National Security Act of 1947 (50 U.S.C. 
     403-3) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Temporary Filling of Vacancies.--With respect to 
     filling temporarily a vacancy in an office within the Office 
     of the Director of National Intelligence (other than that of 
     the Director of National Intelligence), section 3345(a)(3) of 
     title 5, United States Code, may be applied--
       ``(1) in the matter preceding subparagraph (A), by 
     substituting `an element of the intelligence community, as 
     that term is defined in section 3(4) of the National Security 
     Act of 1947 (50 U.S.C. 401a(4)),' for `such Executive 
     agency'; and
       ``(2) in subparagraph (A), by substituting `the 
     intelligence community' for `such agency'.''.

                Subtitle B--Central Intelligence Agency

     SEC. 411. ACCEPTANCE OF GIFTS.

       Section 12 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 403l(a)) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' after ``(a)''; and
       (B) by striking the second and third sentences and 
     inserting the following:
       ``(2) Any gift accepted under this section (and any income 
     produced by any such gift)--
       ``(A) may be used only for--''
       ``(i) artistic display;
       ``(ii) purposes relating to the general welfare, education, 
     or recreation of employees or dependents of employees of the 
     Agency or for similar purposes; or
       ``(iii) purposes relating to the welfare, education, or 
     recreation of an individual described in paragraph (3); and
       ``(B) under no circumstances may such a gift (or any income 
     produced by any such gift) be used for operational purposes.
       ``(3) An individual described in this paragraph is an 
     individual who--
       ``(A) is an employee or a former employee of the Agency who 
     suffered injury or illness while employed by the Agency 
     that--
       ``(i) resulted from hostile or terrorist activities;
       ``(ii) occurred in connection with an intelligence activity 
     having a significant element of risk; or
       ``(iii) occurred under other circumstances determined by 
     the Director to be analogous to the circumstances described 
     in clause (i) or (ii);
       ``(B) is a family member of such an employee or former 
     employee; or
       ``(C) is a surviving family member of an employee of the 
     Agency who died in circumstances described in clause (i), 
     (ii), or (iii) of subparagraph (A).
       ``(4) The Director may not accept any gift under this 
     section that is expressly conditioned upon any expenditure 
     not to be met from the gift itself or from income produced by 
     the gift unless such expenditure has been authorized by law.
       ``(5) The Director may, in the Director's discretion, 
     determine that an individual described in subparagraph (A) or 
     (B) of paragraph (3) may accept a gift for the purposes 
     described in paragraph (2)(A)(iii).''; and
       (2) by adding at the end the following new subsection:
       ``(f) The Director, in consultation with the Director of 
     the Office of Government Ethics, shall issue regulations to 
     carry out the authority provided in this section. Such 
     regulations shall ensure that such authority is exercised 
     consistent with all relevant ethical constraints and 
     principles, including--
       ``(1) the avoidance of any prohibited conflict of interest 
     or appearance of impropriety; and
       ``(2) a prohibition against the acceptance of a gift from a 
     foreign government or an agent of a foreign government.''.

     SEC. 412. FOREIGN LANGUAGE PROFICIENCY REQUIREMENTS FOR 
                   CENTRAL INTELLIGENCE AGENCY OFFICERS.

       (a) In General.--Section 104A(g) of the National Security 
     Act of 1947 (50 U.S.C. 403-4a(g)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A)--
       (i) by inserting ``in the Directorate of Intelligence 
     career service or the National Clandestine Service career 
     service'' after ``an individual'';
       (ii) by inserting ``or promoted'' after ``appointed''; and
       (iii) by striking ``individual--'' and inserting 
     ``individual has been certified as having a professional 
     speaking and reading proficiency in a foreign language, such 
     proficiency being at least level 3 on the Interagency 
     Language Roundtable Language Skills Level or commensurate 
     proficiency level using such other indicator of proficiency 
     as the Director of the Central Intelligence Agency considers 
     appropriate.'';
       (B) by striking subparagraphs (A) and (B); and
       (2) in paragraph (2), by striking ``position or category of 
     positions'' both places that term appears and inserting 
     ``position, category of positions, or occupation''.
       (b) Effective Date.--Section 611(b) of the Intelligence 
     Authorization Act for Fiscal Year 2005 (Public Law 108-487; 
     50 U.S.C. 403-4a note) is amended--
       (1) by inserting ``or promotions'' after ``appointments''; 
     and
       (2) by striking ``that is one year after the date''.
       (c) Report on Waivers.--Section 611(c) of the Intelligence 
     Authorization Act for Fiscal Year 2005 (Public Law 108-487; 
     118 Stat. 3955) is amended--
       (1) in the first sentence--
       (A) by striking ``positions'' and inserting ``individual 
     waivers''; and
       (B) by striking ``Directorate of Operations'' and inserting 
     ``National Clandestine Service''; and
       (2) in the second sentence, by striking ``position or 
     category of positions'' and inserting ``position, category of 
     positions, or occupation''.
       (d) Report on Transfers.--Not later than 45 days after the 
     date of the enactment of this Act, and on an annual basis for 
     each of the following 3 years, the Director of the Central 
     Intelligence Agency shall submit to the congressional 
     intelligence committees a report on the number of Senior 
     Intelligence Service employees of the Agency who--
       (1) were transferred during the reporting period to a 
     Senior Intelligence Service position in the Directorate of 
     Intelligence career service or the National Clandestine 
     Service career service; and
       (2) did not meet the foreign language requirements 
     specified in section 104A(g)(1) of the National Security Act 
     of 1947 (50 U.S.C. 403-4a(g)(1)) at the time of such 
     transfer.

     SEC. 413. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE 
                   INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE 
                   AGENCY.

       Section 17 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 403q) is amended by adding at the end the 
     following new subsection:
       ``(h) Information on Website.--(1) The Director of the 
     Central Intelligence Agency shall establish and maintain on 
     the homepage of the Agency's publicly accessible website 
     information relating to the Office of the Inspector General 
     including methods to contact the Inspector General.
       ``(2) The information referred to in paragraph (1) shall be 
     obvious and facilitate accessibility to the information 
     related to the Office of the Inspector General.''.

     SEC. 414. CREATING AN OFFICIAL RECORD OF THE OSAMA BIN LADEN 
                   OPERATION.

       (a) Findings.--Congress finds the following:
       (1) On May 1, 2011, United States personnel killed 
     terrorist leader Osama bin Laden during the course of a 
     targeted strike against his secret compound in Abbottabad, 
     Pakistan.
       (2) Osama bin Laden was the leader of the al Qaeda 
     terrorist organization, the most significant terrorism threat 
     to the United States and the international community.
       (3) Osama bin Laden was the architect of terrorist attacks 
     which killed nearly 3,000 civilians on September 11, 2001, 
     the most deadly terrorist attack against our Nation, in which 
     al Qaeda terrorists hijacked four airplanes and crashed them 
     into the World Trade Center in New York City, the Pentagon in 
     Washington, D.C., and, due to heroic efforts by civilian 
     passengers to disrupt the terrorists, near Shanksville, 
     Pennsylvania.
       (4) Osama bin Laden planned or supported numerous other 
     deadly terrorist attacks

[[Page S8609]]

     against the United States and its allies, including the 1998 
     bombings of United States embassies in Kenya and Tanzania and 
     the 2000 attack on the U.S.S. Cole in Yemen, and against 
     innocent civilians in countries around the world, including 
     the 2004 attack on commuter trains in Madrid, Spain and the 
     2005 bombings of the mass transit system in London, England.
       (5) Following the September 11, 2001, terrorist attacks, 
     the United States, under President George W. Bush, led an 
     international coalition into Afghanistan to dismantle al 
     Qaeda, deny them a safe haven in Afghanistan and ungoverned 
     areas along the Pakistani border, and bring Osama bin Laden 
     to justice.
       (6) President Barack Obama in 2009 committed additional 
     forces and resources to efforts in Afghanistan and Pakistan 
     as ``the central front in our enduring struggle against 
     terrorism and extremism''.
       (7) The valiant members of the United States Armed Forces 
     have courageously and vigorously pursued al Qaeda and its 
     affiliates in Afghanistan and around the world.
       (8) The anonymous, unsung heroes of the intelligence 
     community have pursued al Qaeda and affiliates in 
     Afghanistan, Pakistan, and around the world with tremendous 
     dedication, sacrifice, and professionalism.
       (9) The close collaboration between the Armed Forces and 
     the intelligence community prompted the Director of National 
     Intelligence, General James Clapper, to state, ``Never have I 
     seen a more remarkable example of focused integration, 
     seamless collaboration, and sheer professional magnificence 
     as was demonstrated by the Intelligence Community in the 
     ultimate demise of Osama bin Laden.''.
       (10) While the death of Osama bin Laden represents a 
     significant blow to the al Qaeda organization and its 
     affiliates and to terrorist organizations around the world, 
     terrorism remains a critical threat to United States national 
     security.
       (11) President Obama said, ``For over two decades, bin 
     Laden has been al Qaeda's leader and symbol, and has 
     continued to plot attacks against our country and our friends 
     and allies. The death of bin Laden marks the most significant 
     achievement to date in our Nation's effort to defeat al 
     Qaeda.''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the raid that killed Osama bin Laden demonstrated the 
     best of the intelligence community's capabilities and 
     teamwork;
       (2) for years to come, Americans will look back at this 
     event as a defining point in the history of the United 
     States;
       (3) it is vitally important that the United States 
     memorialize all the events that led to the raid so that 
     future generations will have an official record of the events 
     that transpired before, during, and as a result of the 
     operation; and
       (4) preserving this history now will allow the United 
     States to have an accurate account of the events while those 
     that participated in the events are still serving in the 
     Government.
       (c) Report on the Operation That Killed Osama Bin Laden.--
     Not later than 90 days after the completion of the report 
     being prepared by the Center for the Study of Intelligence 
     that documents the history of and lessons learned from the 
     raid that resulted in the death of Osama bin Laden, the 
     Director of the Central Intelligence Agency shall submit such 
     report to the congressional intelligence committees.
       (d) Preservation of Records.--The Director of the Central 
     Intelligence Agency shall preserve any records, including 
     intelligence information and assessments, used to generate 
     the report described in subsection (c).

     SEC. 415. RECRUITMENT OF PERSONNEL IN THE OFFICE OF THE 
                   INSPECTOR GENERAL.

       (a) Study.--The Inspector General of the Office of 
     Personnel Management, in consultation with the Inspector 
     General of the Central Intelligence Agency, shall carry out a 
     study of the personnel authorities and available personnel 
     benefits of the Office of the Inspector General of the 
     Central Intelligence Agency. Such study shall include--
       (1) identification of any barriers or disincentives to the 
     recruitment or retention of experienced investigators within 
     the Office of the Inspector General of the Central 
     Intelligence Agency; and
       (2) a comparison of the personnel authorities of the 
     Inspector General of the Central Intelligence Agency with 
     personnel authorities of Inspectors General of other agencies 
     and departments of the United States, including a comparison 
     of the benefits available to experienced investigators within 
     the Office of the Inspector General of the Central 
     Intelligence Agency with similar benefits available within 
     the offices of Inspectors General of such other agencies or 
     departments.
       (b) Recommendations.--Not later than 120 days after the 
     date of the enactment of this Act, the Inspector General of 
     the Office of Personnel Management shall submit to the 
     congressional intelligence committees and the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Government Reform of the House 
     of Representatives--
       (1) a report on the results of the study conducted under 
     subsection (a); and
       (2) any recommendations for legislative action based on 
     such results.
       (c) Funding.--Of the funds authorized to be appropriated by 
     this Act, the Director of National Intelligence shall 
     transfer to the Inspector General of the Office of Personnel 
     Management such sums as may be necessary to carry out this 
     section.

                  Subtitle C--National Security Agency

     SEC. 421. ADDITIONAL AUTHORITIES FOR NATIONAL SECURITY AGENCY 
                   SECURITY PERSONNEL.

       (a) Authority To Transport Apprehended Persons.--Paragraph 
     (5) of section 11(a) of the National Security Agency Act of 
     1959 (50 U.S.C. 402 note) is amended to read as follows:
       ``(5) Agency personnel authorized by the Director under 
     paragraph (1) may transport an individual apprehended under 
     the authority of this section from the premises at which the 
     individual was apprehended, as described in subparagraph (A) 
     or (B) of paragraph (1), for the purpose of transferring such 
     individual to the custody of law enforcement officials. Such 
     transportation may be provided only to make a transfer of 
     custody at a location within 30 miles of the premises 
     described in subparagraphs (A) and (B) of paragraph (1).''.
       (b) Conforming Amendment Relating to Tort Liability.--
     Paragraph (1) of section 11(d) of the National Security 
     Agency Act of 1959 (50 U.S.C. 402 note) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) transport an individual pursuant to subsection 
     (a)(2).''.

                       Subtitle D--Other Elements

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

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

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

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

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

       (a) In General.--Chapter 21 of title 10, United States 
     Code, is amended by inserting after section 428 the following 
     new section:

     ``Sec. 429. Appropriations for Defense intelligence elements: 
       accounts for transfers; transfer authority

       ``(a) Accounts for Appropriations for Defense Intelligence 
     Elements.--The Secretary of Defense may transfer 
     appropriations of the Department of Defense which are 
     available for the activities of Defense intelligence elements 
     to an account or accounts established for receipt of such 
     transfers. Each such account may also receive transfers from 
     the Director of National Intelligence if made pursuant to 
     Section 102A of the National Security Act of 1947 (50 U.S.C. 
     403-1), and transfers and reimbursements arising from 
     transactions, as authorized by law, between a Defense 
     intelligence element and another entity. Appropriation 
     balances in each such account may be transferred back to the 
     account or accounts from which such appropriations originated 
     as appropriation refunds.
       ``(b) Recordation of Transfers.--Transfers made pursuant to 
     subsection (a) shall be recorded as expenditure transfers.
       ``(c) Availability of Funds.--Funds transferred pursuant to 
     subsection (a) shall remain available for the same time 
     period and for the same purpose as the appropriation from 
     which transferred, and shall remain subject to the same 
     limitations provided in the act making the appropriation.
       ``(d) Obligation and Expenditure of Funds.--Unless 
     otherwise specifically authorized by law, funds transferred 
     pursuant to subsection (a) shall only be obligated and 
     expended in accordance with chapter 15 of title 31 and all 
     other applicable provisions of law.
       ``(e) Defense Intelligence Element Defined.--In this 
     section, the term `Defense intelligence element' means any of 
     the Department of Defense agencies, offices, and elements 
     included within the definition of `intelligence community' 
     under section 3(4) of the National Security Act of 1947 (50 
     U.S.C. 401a(4)).''.

[[Page S8610]]

       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter I of such chapter is amended by 
     adding at the end the following new item:

``429. Appropriations for Defense intelligence elements: accounts for 
              transfers; transfer authority.''.

     SEC. 434. REPORT ON TRAINING STANDARDS OF DEFENSE 
                   INTELLIGENCE WORKFORCE.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     and the Under Secretary of Defense for Intelligence shall 
     submit to the Permanent Select Committee on Intelligence and 
     the Committee on Armed Services of the House of 
     Representatives and the Select Committee on Intelligence and 
     the Committee on Armed Services of the Senate a report on the 
     training standards of the defense intelligence workforce. 
     Such report shall include--
       (1) a description of existing training, education, and 
     professional development standards applied to personnel of 
     defense intelligence components; and
       (2) an assessment of the ability to implement a 
     certification program for personnel of the defense 
     intelligence components based on achievement of required 
     training, education, and professional development standards.
       (b) Definitions.--In this section:
       (1) Defense intelligence components.--The term ``defense 
     intelligence components'' means--
       (A) the National Security Agency;
       (B) the Defense Intelligence Agency;
       (C) the National Geospatial-Intelligence Agency;
       (D) the National Reconnaissance Office;
       (E) the intelligence elements of the Army, the Navy, the 
     Air Force, and the Marine Corps; and
       (F) other offices within the Department of Defense for the 
     collection of specialized national intelligence through 
     reconnaissance programs.
       (2) Defense intelligence workforce.--The term ``defense 
     intelligence workforce'' means the personnel of the defense 
     intelligence components.

                         TITLE V--OTHER MATTERS

     SEC. 501. REPORT ON AIRSPACE RESTRICTIONS FOR USE OF UNMANNED 
                   AERIAL VEHICLES ALONG THE BORDER OF THE UNITED 
                   STATES AND MEXICO.

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of Homeland Security shall submit to 
     the congressional intelligence committees, the Committee on 
     Homeland Security of the House of Representatives, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a report on whether restrictions on the use of 
     airspace are hampering the use of unmanned aerial vehicles by 
     the Department of Homeland Security along the international 
     border between the United States and Mexico.

     SEC. 502. SENSE OF CONGRESS REGARDING INTEGRATION OF FUSION 
                   CENTERS.

       It is the sense of Congress that ten years after the 
     terrorist attacks upon the United States on September 11, 
     2001, the Secretary of Homeland Security, in consultation 
     with the Director of National Intelligence, should continue 
     to integrate and utilize fusion centers to enlist all of the 
     intelligence, law enforcement, and homeland security 
     capabilities of the United States in a manner that is 
     consistent with the Constitution to prevent acts of terrorism 
     against the United States.

     SEC. 503. STRATEGY TO COUNTER IMPROVISED EXPLOSIVE DEVICES.

       (a) Strategy.--
       (1) Establishment.--The Director of National Intelligence 
     and the Secretary of Defense shall establish a coordinated 
     strategy utilizing all available personnel and assets for 
     intelligence collection and analysis to identify and counter 
     network activity and operations in Pakistan and Afghanistan 
     relating to the development and use of improvised explosive 
     devices.
       (2) Contents.--The strategy established under paragraph (1) 
     shall identify--
       (A) the networks that design improvised explosive devices, 
     provide training on improvised explosive device assembly and 
     employment, and smuggle improvised explosive device 
     components into Afghanistan;
       (B) the persons and organizations not directly affiliated 
     with insurgents in Afghanistan who knowingly enable the 
     movement of commercial products and material used in 
     improvised explosive device construction from factories and 
     vendors in Pakistan into Afghanistan;
       (C) the financiers, financial networks, institutions, and 
     funding streams that provide resources to the insurgency in 
     Afghanistan; and
       (D) the links to military, intelligence services, and 
     government officials who are complicit in allowing the 
     insurgent networks in Afghanistan to operate.
       (b) Report and Implementation.--Not later than 120 days 
     after the date of the enactment of this Act, the Director of 
     National Intelligence and the Secretary of Defense shall--
       (1) submit to the congressional intelligence committees and 
     the Committees on Armed Services of the House of 
     Representatives and the Senate a report containing the 
     strategy established under subsection (a); and
       (2) implement such strategy.

     SEC. 504. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAILWAY 
                   TRANSPORTATION SECURITY.

       It is the sense of Congress that--
       (1) the nation's railway transportation (including subway 
     transit) network is broad and technically complex, requiring 
     robust communication between private sector stakeholders and 
     the intelligence community to identify, monitor, and respond 
     to threats;
       (2) the Department of Homeland Security Office of 
     Intelligence and Analysis maintains a constructive 
     relationship with other Federal agencies, state and local 
     governments, and private entities to safeguard our railways; 
     and
       (3) railway transportation security (including subway 
     transit security) should continue to be prioritized in the 
     critical infrastructure threat assessment developed by the 
     Office of Intelligence and Analysis and included in threat 
     assessment budgets of the intelligence community.

     SEC. 505. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT 
                   OF 1947.

       The National Security Act of 1947 (50 U.S.C. 401 et seq.) 
     is amended--
       (1) in section 3(6) (50 U.S.C. 401a(6)), by striking 
     ``Director of Central Intelligence'' and inserting ``Director 
     of National Intelligence'';
       (2) in section 506(b) (50 U.S.C. 415a(b)), by striking 
     ``Director of Central Intelligence.'' and inserting 
     ``Director of National Intelligence.''; and
       (3) in section 506A(c)(2)(C) (50 U.S.C. 415a-1(c)(2)(C), by 
     striking ``National Foreign Intelligence Program'' both 
     places that term appears and inserting ``National 
     Intelligence Program''.

     SEC. 506. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES 
                   CODE.

       Section 351(a) of title 18, United States Code, is 
     amended--
       (1) by inserting ``the Director (or a person nominated to 
     be Director during the pendency of such nomination) or 
     Principal Deputy Director of National Intelligence,'' after 
     ``in such department,''; and
       (2) by striking ``Central Intelligence,'' and inserting 
     ``the Central Intelligence Agency,''.

     SEC. 507. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

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