[Congressional Record Volume 157, Number 192 (Wednesday, December 14, 2011)]
[Senate]
[Pages S8611-S8617]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to Calendar No. 161.
[[Page S8612]]
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A 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.
There being no objection, the Senate proceeded to consider the bill.
Mrs. FEINSTEIN. Mr. President, I am very pleased to rise today in
support of the Senate's passage of the Intelligence Authorization Act
of Fiscal Year 2012. I understand that the House of Representatives
intends to consider this legislation on the suspension calendar later
this week, so it should be enacted prior to the end of this session.
This will be the third time in less than 15 months that the Congress
will enact an intelligence authorization bill--including bills for
fiscal years 2010, 2011, and 2012--after a 6 year hiatus in passing
such legislation. What this means is that Congress, through the Senate
and House Intelligence Committees, is restoring oversight over the
intelligence community and fulfilling our responsibility to thoroughly
examine intelligence policies and budgets.
Unlike the last two authorization bills, this bill was completed
contemporaneously with, instead of after, the appropriations process
that funds intelligence efforts. The classified annex to this
legislation authorizes appropriations for intelligence activities and
has helped guide the work of the appropriations committees as they
considered intelligence spending. The days when the intelligence
community can bypass the intelligence committees and deal solely with
the appropriations committees are over.
Since receiving the President's budget request for the intelligence
community in February, the Intelligence Committee has recognized that
the massive increase in intelligence spending over the past decade has
come to an end. Our original bill, reported to the Senate in August of
this year, reduced intelligence spending below the President's request.
Since then, we have worked closely with the House Intelligence
Committee, the Senate Appropriations Committee, and the executive
branch to reflect the spending reductions set in the Budget Control Act
of 2011. The legislation we are approving today keeps funding for
intelligence essentially flat from fiscal year 2011, representing the a
meaningful reduction from the President's request.
As we look to 2013, many more difficult decisions will need to be
made to make further reductions to intelligence spending. It is my
belief that real reductions in intelligence spending can be
accomplished without sacrificing capability, but this will require a
rigorous review and the executive branch being more forthcoming than it
has been to date about where it believes cuts are possible.
Of course, the bill also provides significant legislative provisions
to give the intelligence community the authorities and flexibilities it
needs to continue protecting our national security and providing
policymakers the information they need to make foreign policy and
security decisions; and other provisions for the effective and
appropriate functioning of our intelligence apparatus.
I note that passage of the last intelligence authorization bill
occurred shortly after the strike leading to the death of Usama bin
Laden in Abbottabad, Pakistan. Since then, the intelligence community
has had continued success in tracking and removing terrorist threats to
the United States. Senior leaders and commanders of al-Qaida, including
all of its affiliate groups as well as militant organizations involved
in the Afghan war, have been removed from the fight, and terrorist
plots and plotting have been disrupted. Among them, a plot to kill the
Saudi Ambassador to the United States was thwarted due to the skillful
and cooperative efforts of the FBI, DEA, CIA, and others.
Intelligence has factored into significant policy decisions and U.S.
actions, including with respect to interdicting the proliferation of
weapons, setting economic sanctions, protecting ISAF forces in
Afghanistan, blocking cyber attacks against our government and certain
critical infrastructure companies, and contributing to the NATO effort
in Libya.
It is my hope that the provisions in this bill will continue to aid
the intelligence community as it conducts its missions; ensure better
stewardship of taxpayer dollars; and support its thousands of civilians
and military employees.
Among other things, this bill includes: A section that provides for
burial allowances for intelligence employees killed in the line of
duty, similar to those for members of the U.S. military; New
procurement authorities that enable intelligence agencies to protect
against supply chain risk to information technologies; a measure
authorizing new accounts at the Department of Treasury that will enable
defense intelligence agencies to become financially auditable;
Provisions that strengthen congressional oversight of the transfer of
detainees from Guantanamo Bay; a section that will improve the accuracy
of intelligence community cost estimates; and Provisions that provide
the Director of National Intelligence with needed personnel management
authorities.
As I noted, the bill contains a 275-page classified schedule and
annex that authorizes intelligence funding and implements the
committee's oversight findings over the past year. That annex is
available to all Senators in the intelligence committee's offices.
Mr. President, let me note my sincere appreciation for the close
collaboration of Senator Chambliss, the vice chairman of the committee,
throughout the legislative process. He and his staff--in particular
Martha Scott Poindexter and Jacqueline Russell--have continued the
bipartisan approach that the committee followed in the last Congress,
and we have together agreed to every provision in the bill.
As can be imagined, it has taken enormous effort to produce a third
bill in such a short time frame. I sincerely thank the efforts of the
staff to review the President's requested funding levels and
legislative provisions, to draft legislation, and to negotiate a final
product. In particular, I thank Lorenzo Goco, the Deputy Staff Director
who has overseen the legislative efforts, Michael Davidson, the general
counsel of the Senate Intelligence Committee until this past Labor Day,
and Christine Healey, who has carried the load of the legislative work
throughout and who replaced Mr. Davidson as general counsel. I also
extend my appreciation for the work of Eric Losick and Mike Buchwald,
majority counsel on the Committee, and Jack Livingston and Kathleen
Rice, the minority counsel.
Similarly, the Committee's budget staff has worked diligently and
expertly in their preparation of the classified annex to this bill and
in working with intelligence agencies to understand and guide their
efforts. I thank the committee's budget director, Peggy Evans, and the
budget staff through this period: Hayden Milberg, Randy Bookout, Andrew
Kerr, John Dickas, Paul Matulic, Matt Pollard, Amy Hopkins, Jamal Ware,
Iram Ali, Jeffrey Howard, Andy Grotto, Jim Smythers, Brian Miller, Eric
Chapman, John Maguire, Tyler Stephens, Evan Gottesman, Brian Walsh,
Ryan Tully, and Christian Cook.
I also appreciate the work and relationship with Chairman Rogers and
Ranking Member Ruppersberger of the House Permanent Select Committee on
Intelligence. The version of the legislation approved today builds on
the House legislation, and our two committees have consulted closely
throughout this process. We held a joint open hearing on the tenth
anniversary of the September 11, 2011, attacks and I look forward to
continuing to work together next year to enact the fiscal year 2013
intelligence authorization bill.
Let me also note my appreciation for two other Senate committees. The
Senate Appropriations Subcommittee on Defense has closely followed our
authorizations as it drafted its appropriations bill. This underscores
the work done in our bill, and limits to a minimum the cases where the
authorization and appropriations levels do not match.
We have also worked over the past week with the Senate Armed Services
Committee to include language in the classified annex to this bill
concerning the Military Intelligence Program and a military
construction program authorized for the National Security
[[Page S8613]]
Agency. The Armed Services Committee and the Intelligence Committee
both exercise jurisdiction over military construction projects with
intelligence funding; in this instance, the two committees have both
included authorizations for the High Performance Computing Center II,
and have jointly agreed to the language included in this annex.
Finally, Mr. President, I note that while there is no committee
report or conference report associated with the text that we are
approving today, the Intelligence Committee issued a report to
accompany the bill it reported to the Senate in August. As the
legislation has changed since House passage of its authorization bill
and consideration today of this amendment, I ask unanimous consent to
have printed in the Record a section-by-section analysis of the
legislation so as to provide for the legislative history needed to
explain the authors' intent and better clarify the effects of the
provisions included.
There being no objection, the material was ordered to be printed in
the Record, as follows:
For purposes of the legislative history of the Intelligence
Authorization Act for Fiscal Year 2012, the Managers
Amendment we will pass today is an amendment in the nature of
a substitute to H.R. 1892. In large measure, the legislative
text of H.R. 1892 and this Managers Amendment follows the
legislative text of S. 1458, reported from the Select
Committee on Intelligence on August 1, 2011, Report No. 112-
43. The Managers Amendment also includes a classified
Schedule of Authorizations and annex; this is a modified
version of the classified Schedule and annex that were passed
by the House of Representatives. They have been made
available to the Executive Branch and appropriate
congressional committees. The report language in the annex
should be understood to represent congressional intent where
reference is made to the Committee.
Section-by-Section Analysis and Explanation
Title I--Budget and Personnel Authorizations
Section 101. Authorization of appropriations
Section 101 lists the United States Government departments,
agencies, and other elements for which the Act authorizes
appropriations for intelligence and intelligence-related
activities for Fiscal Year 2012.
Section 102. Classified Schedule of Authorizations
Section 102(a) provides that the details of the amounts
authorized to be appropriated for intelligence and
intelligence-related activities and the applicable personnel
levels for Fiscal Year 2012 are contained in the classified
Schedule of Authorizations and that the classified Schedule
of Authorizations shall be made available to the Committees
on Appropriations of the Senate and House of Representatives
and to the President. Section 102(b) provides that the
President shall not publicly disclose the classified Schedule
except as provided in Section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007; to the
extent necessary to implement the budget; or as otherwise
required by law. Section 102(c) authorizes the Director of
the Federal Bureau of Investigation (FBI) to expend funds
authorized in the Act for a purpose further described in the
classified annex.
Section 103. Personnel Ceiling Adjustments
Section 103 is intended to provide additional flexibility
to the Director of National Intelligence (DNI) in managing
the civilian personnel of the Intelligence Community. Section
103(a) provides that the DNI may authorize employment of
civilian personnel (expressed as full-time equivalent
positions) in Fiscal Year 2012 in excess of the number of
authorized full-time equivalent positions by an amount not
exceeding 3 percent of the total limit applicable to each IC
element under Section 102. The DNI may do so only if
necessary to the performance of important intelligence
functions.
Section 103(b) provides additional flexibility when the
heads of Intelligence Community elements determine that work
currently performed by contract personnel should be performed
by government employees. It does so by authorizing the DNI to
authorize employment of additional full-time equivalent
personnel in a number equal to the number of full-time
equivalent contract personnel currently performing that work.
Under this section, any exercise of this authority should be
implemented in accordance with a plan that includes adequate
support for personnel. It is intended that the exercise of
this authority should result in an actual reduction of the
number of contract personnel and not a shift of resources to
hire other contract personnel.
The DNI must report the decision to allow an Intelligence
Community element to exceed the personnel ceiling or to
convert contract personnel under Section 103(a) and (b) in
advance to the congressional intelligence committees.
During consideration of the Fiscal Year 2008 request, the
congressional intelligence committees learned that practices
within different elements of the Intelligence Community on
the counting of personnel with respect to legislatively-fixed
ceilings were inconsistent, and included not counting certain
personnel at all against personnel ceilings. The committees
requested that the Intelligence Community Chief Human Capital
Officer ensure that by the beginning of Fiscal Year 2010
there would be a uniform and accurate method of counting all
Intelligence Community employees under a system of personnel
levels expressed as full-time equivalents. The committees
also expressed their view that the DNI express the personnel
levels for civilian employees of the Intelligence Community
as full-time equivalent positions in the congressional budget
justifications for Fiscal Year 2010. The DNI has done so. In
addition, the DNI has issued a policy to ensure a uniform
method for counting Intelligence Community employees.
Subsection (c) confirms in statute the obligation of the DNI
to establish these guidelines.
Section 104. Intelligence Community Management Account
Section 104 authorizes appropriations for the Intelligence
Community Management Account (ICMA) of the DNI and sets the
authorized full-time equivalent personnel levels for the
elements within the ICMA for Fiscal Year 2012.
Subsection (a) authorizes appropriations of $576,393,000
for Fiscal Year 2012 for the activities of the ICMA.
Subsection (b) authorizes 777 full-time or full-time
equivalent personnel for elements within the ICMA for Fiscal
Year 2012 and provides that such personnel may be permanent
employees of the Office of the Director of National
Intelligence (ODNI) or detailed from other elements of the
United States Government.
Subsection (c) authorizes additional appropriations and
full-time equivalent personnel for the classified Community
Management Account as specified in the classified Schedule of
Authorizations and permits the funding for advanced research
and development to remain available through September 30,
2013.
Title II--Central Intelligence Agency Retirement and Disability System
Section 201. Authorization of appropriations
Section 201 authorizes appropriations in the amount of
$514,000,000 for Fiscal Year 2012 for the Central
Intelligence Agency (CIA) Retirement and Disability Fund. For
Fiscal Year 2011, Congress authorized $292,000,000. While
that level was consistent with prior authorizations, it did
not fully fund, as prior authorizations had not fully funded,
the obligations of the Fund. The Fiscal Year 2012 increase is
based on the Administration's determination, which the
congressional intelligence committees support, that the
obligations of this retirement and disability system should
be fully funded.
Title III--General Intelligence Community Matters
Section 301. Increase in employee compensation and benefits
authorized by law
Section 301 provides that funds authorized to be
appropriated 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 compensation or benefits authorized by law.
Section 302. Restriction on conduct of intelligence
activities
Section 302 provides that the authorization of
appropriations by the Act shall not be deemed to constitute
authority for the conduct of any intelligence activity that
is not otherwise authorized by the Constitution or laws of
the United States.
Section 303. Annual report on hiring of National Security
Education Program participants
Section 303 requires a report not later than 90 days after
the end of the fiscal years 2012, 2013, and 2014, by the head
of each element of the Intelligence Community on the number
of personnel hired by such element during such fiscal year
who were at any time recipients of a grant or scholarship
under the David L. Boren National Security Education Act of
1991 (50 USC 1901 et seq.). The report may be in classified
form.
Section 304. Enhancement of authority for flexible personnel
management among the elements of the intelligence
community
Section 304 adds a subsection to Section 102A of the
National Security Act of 1947 to promote the ability to
manage all the elements of the Intelligence Community as a
single cohesive community. The new Subsection 102A(v) enables
the DNI, with the concurrence of the head of the covered
department concerned and in coordination with the Director of
the Office of Personnel Management (OPM), to convert
competitive service positions within an Intelligence
Community element of the covered department to excepted
positions and to establish new positions in the excepted
service within an Intelligence Community element of a covered
department. Under Section 304, an incumbent occupying a
position on the date of enactment selected to be converted to
the excepted service shall have the right to refuse the
conversion. Once such individual no longer occupies the
position, the position may be converted.
Because of their unique intelligence, investigative and
national security missions, most Intelligence Community
elements are in the excepted civil service. However, civilian
employees in several smaller Intelligence Community elements
are still covered under competitive service rules. The
ability to convert those positions to the excepted service
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will enable the Intelligence Community to maintain a system
throughout the Intelligence Community that is responsive to
the needs of the Intelligence Community both for secrecy and
the ability to quickly respond to personnel requirements. The
DNI has requested a similar authority in the past. Under
Section 304, the covered departments are the Department of
Energy, the Department of Homeland Security, the Department
of State, and the Department of the Treasury.
Although new positions in the excepted service may be
created within an element of the Intelligence Community
within the covered departments under this authority, the
personnel ceilings referred to in Section 102(a) still apply
to the number of personnel in an element. It is not intended
for this conversion authority to be used to increase the
number of full-time equivalent personnel in an intelligence
element above the applicable personnel ceilings.
Section 305. Preparation of nuclear proliferation assessment
statements
As set forth in the Atomic Energy Act, the United States
may enter into a Civilian Nuclear Agreement (or ``123
Agreement'') with another nation or multinational
organization. After negotiating the terms of the 123
Agreement, the Administration submits the terms to Congress
for review along with a Nuclear Proliferation Assessment
Statement (NPAS). Under current law, the NPAS is drafted by
the State Department, in consultation with the Director of
Central Intelligence; the Act has not been amended to reflect
the establishment of the Director of National Intelligence.
In multiple reports, the Government Accountability Office has
identified various problems with this process, including
insufficient time for consultation with the Intelligence
Community, a lack of adequate formal interagency guidance for
NPAS development, and ambiguity as to whether Intelligence
Community comments were fully incorporated into the final
NPAS. Section 305 is a modification of Section 305 of S. 1458
as reported from the Senate Intelligence Committee and is
intended to clarify the role of the DNI and the Intelligence
Community in the NPAS process.
Section 305 amends the National Security Act of 1947 to
require the DNI, in consultation with the heads of the
appropriate elements of the Intelligence Community and the
Secretary of State, to provide an addendum to each NPAS
accompanying a civilian nuclear cooperation agreement,
containing a comprehensive analysis of the country's export
control system with respect to nuclear-related matters. The
DNI is to provide the addendum to the President, the
congressional intelligence committees and the congressional
foreign relations committees.
Section 306. Cost estimates
Section 306 amends Section 506A of the National Security
Act of 1947 to require that independent cost estimates
include all costs associated with a major system acquisition
even when a service or capability to deliver end-to-end
functionality will be provided by another Intelligence
Community agency or element. This additional requirement in
the preparation of the independent cost estimate will assist
Congress and the Executive Branch in evaluating the full cost
of an acquisition, including the costs to process, exploit,
disseminate, and store the information such major systems
collect. The amendments made by Section 306 become effective
180 days after enactment.
Section 307. Updates of intelligence relating to terrorism
recidivism of detainees held at United States Naval
Station, Guantanamo Bay, Cuba
Section 307 provides for a regular unclassified summary of
intelligence relating to recidivism of detainees formerly
held at Guantanamo Bay to be made public by the DNI. Section
334 of the Intelligence Authorization Act for Fiscal Year
2010, Public Law 111-259, required the DNI, along with the
Director of the CIA and the Director of the Defense
Intelligence Agency, to make publicly available, on a one-
time basis, an unclassified summary that includes the
intelligence relating to former Guantanamo detainees. Under
Section 319 of the Supplemental Appropriations Act of 2009,
Public Law 111-32, the President is required to submit
classified quarterly reports to Congress that include
classified information about detainees' recidivist
activities.
Section 307 amends the National Security Act of 1947 to
require the semiannual updating of the Section 334 report,
which is to include an unclassified summary of intelligence
relating to recidivism of detainees currently or formerly
held at Guantanamo Bay and an assessment of the likelihood
that such detainees will engage in terrorism or communicate
with persons in terrorist organizations. The initial update
shall be made publicly available not later than 10 days after
the date that the first report following enactment is
submitted to members and committees pursuant to Section 319
of the Supplemental Appropriations Act, 2009. The summary
will be prepared by the DNI, in consultation with the
Director of the CIA and the Director of the Defense
Intelligence Agency, and will include the number of confirmed
or suspected recidivists.
Section 308. Notification of transfer of a detainee held at
United States Naval Station, Guantanamo Bay, Cuba
Section 308 requires the President to 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, the following
information: (1) the name of the individual to be transferred
or released; (2) the country or freely associated state to
which the individual is to be transferred; (3) the terms of
any agreement with the country or state for the acceptance of
such individual, including the amount of any financial
assistance related to such agreement; and (4) the agencies or
departments of the United States responsible for ensuring the
agreement is carried out.
Section 308 is a modification of Section 306 of S. 1458,
which amended similar notification requirements found in
Public Law 111-83, 123 Stat. 2178, and Public Law 111-88, 123
Stat. 2963. Section 308 requires the notification be at least
30 days, rather than 15 days, prior to transfer and requires
information be provided concerning what agencies or
departments of the United States, if any, are responsible for
ensuring any agreement with the receiving country or state is
carried out. Nothing in this section is to be construed to
supersede or otherwise affect Section 1028 of the National
Defense Authorization Act for Fiscal Year 2012 or Section
8120 of the Department of Defense Appropriations Act, 2012.
Section 309. Enhanced procurement authority to manage supply
chain risk
Section 309 authorizes the heads of those elements of the
Intelligence Community outside the Department of Defense to
take certain procurement actions under certain circumstances
to reduce the risk that an adversary may sabotage,
maliciously introduce unwanted functions, or otherwise
subvert information systems so as to surveil, deny, disrupt
or otherwise degrade them. Section 309 is based on Section
806 of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383).
Section 309(a) defines the following terms: covered agency,
covered item of supply, covered procurement, covered
procurement action, covered system, and supply chain risk.
The definitions of these terms are modifications of the
definitions of these terms as found in Section 309 of S.
1458, to include specific references to appropriate
provisions of existing law.
Under subsection (b), the head of a covered agency, in
consultation with the DNI, is authorized to carry out a
covered procurement action and limit the disclosure of
information concerning the basis for such action. Covered
procurement actions are subject to the conditions in
subsection (c), including appropriate consultation with
procurement officials within the covered agency and a
determination made in writing that the use of the authority
is necessary to protect national security. In addition, there
must be a determination that less intrusive measures are not
reasonably available. Where the head of the covered agency
plans to limit disclosure of information relating to the
basis for carrying out a covered procurement action, the risk
to national security due to disclosing such information must
outweigh the risk of not disclosing such information.
The head of the covered agency must give notice to the
congressional intelligence committees of a determination to
exercise this authority. Subsection (d) limits delegation of
the authority to take a covered procurement action to no
lower than the level of the service acquisition executive for
the agency concerned. Subsection (e) provides that the
authority under the section is in addition to any other
authority under any other provision of law. The authority
provided in Section 309 is not intended to alter or effect
the exercise of any other provision of law, including other
procurement authorities available to an intelligence agency
head to protect the national security.
The requirements of Section 309 take effect 180 days after
enactment and expire on the date that Section 806 of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 expires, which will occur in January 2014.
Section 310. Burial allowances
Section 310 authorizes the head of a department or agency
that contains an element of the Intelligence Community to pay
a burial allowance to the estate of a civilian officer or
employee of such department or agency who dies as the result
of hostile or terrorist activities or intelligence activities
having a substantial element of risk. The burial allowance is
to reimburse the estate for burial expenses, including
recovery, mortuary, funeral, or memorial service, cremation,
burial costs, and costs of transportation. The amount of the
burial allowance is not to be greater than the maximum
reimbursable amount available to the uniformed services under
Department of Defense Instruction 1344.08 or its successor,
now set at $8,800, plus actual transportation costs, and is
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 of the classified annex
accompanying this Act.
In addition, Section 310 requires the Director of the OPM,
in consultation with the DNI and the Secretaries of Labor and
Defense, to submit a report to Congress no later than 180
days after enactment on the feasibility of implementing
legislation to provide for burial allowances at a level that
adequately addresses the cost of burial expenses and provides
for equitable treatment when any officer or employee of the
federal government dies as the result of an injury sustained
in the performance of official duties.
Section 311. Modification of certain reporting requirements
The Congress frequently requests information from the
Intelligence Community in the
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form of reports, the contents of which are specifically
defined by statute. The reports prepared pursuant to these
statutory requirements provide Congress with an invaluable
source of information about specific matters of concern.
Congressional reporting requirements, and particularly
recurring reporting requirements, however, can place a
significant burden on the resources of the Intelligence
Community. The congressional intelligence committees are
therefore reconsidering these reporting requirements on a
periodic basis to ensure that the reports that have been
requested are the best mechanism for the Congress to receive
the information it seeks. In some cases, annual reports can
be replaced with briefings or notifications that provide the
Congress with more timely information and offer the
Intelligence Community a direct line of communication to
respond to congressional concerns.
In response to a request from the DNI, the congressional
intelligence committees examined a set of recurring reporting
requirements nominated by the Intelligence Community. Because
the majority of recurring reports provide critical
information relevant to challenges facing the Intelligence
Community today, Section 311 eliminates or modifies only four
statutory reporting requirements, all from past intelligence
authorization acts or the Intelligence Reform and Terrorism
Prevention Act of 2004.
Section 312. Review of strategic and competitive analysis
conducted by the intelligence community
Section 312 requires the DNI to 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 following enactment. Within 15 months of enactment,
the Director shall submit to the congressional intelligence
committees a report on the results of the review and any
actions taken by the Director to implement the
recommendations, if any, of the 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
Section 401. Intelligence community assistance to counter
drug trafficking organizations using public lands
Section 401 requires the DNI to 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 international drug
trafficking organizations or other drug traffickers that are
currently or have previously used public lands in the United
States to further their operations. The DNI is to submit a
report to the congressional intelligence and judiciary
committees within 180 days of enactment on the results of
this consultation.
Section 402. Application of certain financial reporting
requirements to the Office of the Director of National
Intelligence
Section 402 provides a limited grace period for the ODNI in
meeting the requirements of 31 USC 3515 until Fiscal Year
2013. The DNI, in requesting this legislative provision,
stated that the grace period will allow time for the
implementation of system improvements as well as process
changes in the financial management system currently
supporting the ODNI. Together these efforts are intended to
yield financial statements that meet the prescribed legal and
audit standards.
Although the ODNI, under 31 USC 3515, is required to
prepare and submit to the Congress and the Director of the
Office of Management and Budget an audited financial
statement for the preceding fiscal year by March 1st, Section
369 of the Intelligence Authorization Act for Fiscal Year
2010, enacted on October 7, 2010, directs the DNI ``to
develop a plan and schedule to achieve a full, unqualified
audit of each element of the intelligence community not later
than September 30, 2013.'' Section 402 will align the
statutory requirement for auditability with the plan for
achieving auditability set forth in the Fiscal Year 2010 Act.
Section 403. Public availability of information regarding the
Inspector General of the Intelligence Community
Section 403 requires the DNI to establish and maintain on
the publicly accessible ODNI website information relating to
the Inspector General for the Intelligence Community
including methods to contact the Inspector General. Section
403 is based on a similar requirement in Section 8L of the
Inspector General Act, as added by the Inspector General
Reform Act of 2008, 5 USC App., and is similar to Section
413, applicable to the CIA Inspector General. The
information about the Inspector General is to be obvious
and facilitate access to the Inspector General. Given that
most of the Inspector General's reports will be
classified, Section 403 does not require that Inspector
General reports and audits be posted on the publicly
accessible website.
Section 404. Clarification of Status of Chief Information
Officer in the Executive Schedule
Section 404 amends 5 USC 5315 to establish the salary level
of the Chief Information Officer of the Intelligence
Community at Level IV of the Executive Schedule, the level of
other chief information officers in the federal government
with comparable duties and responsibilities. The Chief
Information Officer of the Intelligence Community is a
position established in Section 103G of the National Security
Act, added by Section 303 of Public Law 108-487, the
Intelligence Authorization Act for Fiscal Year 2005, and
amended by Section 404 of Public Law 111-259, the
Intelligence Authorization Act for Fiscal Year 2010.
Section 405. Temporary appointment to fill vacancies within
Office of the Director of National Intelligence
Section 405 permits the President to make temporary
appointments to fill vacancies in offices within the ODNI
that require Senate confirmation (except the DNI, for whom by
Section 103A(a)(6) of the National Security Act of 1947 the
Principal Deputy DNI is next in line) with an individual who
serves in another element of the Intelligence Community. A
similar provision was requested by the DNI.
The Vacancies Act (5 USC 3345(a)(1)) provides that upon a
vacancy in a Senate-confirmed position (1) the first
assistant of the office may begin serving as the acting
officer immediately and automatically upon the occurrence of
the vacancy; (2) another officer who has already received
Senate confirmation may be directed by the President to serve
as the acting officer; and (3) certain other senior agency
officials may be designated by the President to serve in an
acting capacity. Given the relatively small size of the ODNI,
the fact that a significant number of the personnel within
the ODNI are on detail to the office from other elements of
the Intelligence Community, and the fact that positions in
the ODNI to which the Vacancy Act applies serve the entire
Intelligence Community (such as the Director of the National
Counterterrorism Center or the Inspector General for the
Intelligence Community), an individual employed within the
Intelligence Community but outside the ODNI may be best
suited to fill a key leadership position temporarily.
Section 405 addresses this issue by expanding the
President's choice for appointment under the third category
of the Vacancies Act to include senior officials from any
element of the Intelligence Community. Nothing in Section 401
modifies or precludes the utilization of sections 3345(a)(1)
or (2) of title 5 to fill vacancies.
Subtitle B--Central Intelligence Agency
Section 411. Acceptance of gifts
Section 411 is a provision that arose out of the CIA's
review of benefits available to the survivors of CIA
employees killed in the line of duty following the December
2009 attack at Khowst, Afghanistan. The CIA concluded that
the Director of the CIA did not have the authority under
Section 12 of the CIA Act to accept and use gifts for
purposes related to the welfare, education and recreation of
those survivors. Under current law, the Director of the CIA
may ``accept, hold, administer, and use gifts of money,
securities and other property whenever the Director
determines it would be in the interest of the United States .
. . for purposes relating to the general welfare, education,
or recreation of employees or dependents of employees of the
Agency or for similar purposes. . . .''
Section 411 amends Section 12 of the CIA Act to authorize
the Director (or the Director's designee) both to accept
gifts and to use them for the welfare of employees injured in
the line of duty without legal concern whether those actions
are for the general welfare of the CIA employee population as
a whole. It also provides that gifts may be used for the
assistance of the family of CIA officers who were injured or
who died from hostile or terrorist activities or in
connection with other intelligence activities having a
substantial element of risk. Gifts for injured employees and
their families or survivors are to be accepted by the CIA on
behalf of the CIA employees concerned, and not directly by
such employees or their family members. The Director is
authorized to assign the gifts accepted under the new
authority provided by this section to the CIA officers and
their surviving family members.
Section 411 provides that any exercise of authority under
Section 12, including the acceptance of gifts to provide for
the general welfare, education, or recreation of the CIA
employee population as a whole, shall be made according to
regulations developed by the Director of the CIA in
consultation with the Director of the Office of Government
Ethics, consistent with all relevant ethical constraints and
principles.
Section 412. Foreign language proficiency requirements for
Central Intelligence Agency officers
Section 412 makes amendments in Section 104A(g) of the
National Security Act of 1947 which imposes foreign language
requirements on certain personnel within the CIA. Section 412
is intended to tie the need for foreign language skills to
officers in occupations where foreign language ability is
most important, rather than to specific positions, within the
Directorate of Intelligence career service or the National
Clandestine Service career service. It is intended to
eliminate the need for the Director of the CIA to approve
waivers for the promotion, appointment, or transfer of
personnel such as attorneys or human resources officers for
whom the requirement is not intended to apply. Section 412
sets the language proficiency at the objective level of level
3 on the Interagency Language Roundtable Language
[[Page S8616]]
Skills Level or a commensurate proficiency level.
Section 412 requires the Director of the CIA to provide a
report within 45 days of enactment, and three subsequent
annual reports, to the congressional intelligence committees
on the number of personnel transferred to a Senior
Intelligence Service position in the Directorate of
Intelligence career service or the National Clandestine
career service who did not meet the foreign language
requirements of Section 104A(g). Section 412 also makes
technical corrections to delete outdated references to the
Directorate of Operations.
Section 413. Public availability of information regarding the
Inspector General of the Central Intelligence Agency
Section 413 requires the Director of the CIA to establish
and maintain on the publicly accessible CIA website
information relating to the CIA Inspector General including
methods to contact the Inspector General. Section 413 is
based on a similar requirement in the Inspector General
Reform Act, 5 USC App. 8L, and is similar to Section 403. The
information about the Inspector General is to be obvious and
facilitate access to the Inspector General. Given that most
of the Inspector General's reports will be classified,
Section 413 does not require that Inspector General reports
and audits be posted on the publicly accessible website.
Section 413 is based upon a request of the CIA Inspector
General.
Section 414. Creating an official record of the Osama bin
Laden operation
Section 414 makes findings concerning the raid of May 1,
2011, that killed terrorist leader Osama bin Laden in his
compound in Abbottabad, Pakistan. Section 414 includes a
statement of the sense of Congress that the events that
transpired before, during, and as a result of the raid be
memorialized to allow the United States to have an accurate
account of these events in the future. Section 414 requires
the Director of the CIA to provide to the congressional
intelligence committees the report being prepared by the
Center for the Study of Intelligence that documents the
history of and lessons learned from the raid not later than
90 days after its completion and to preserve any records,
including intelligence information and assessments, used to
generate this report.
Section 415. Recruitment of personnel in the Office of the
Inspector General
Section 415 requires the Inspector General of the OPM, in
consultation with the Inspector General of the CIA, to
conduct a study of the personnel authorities and available
personnel benefits of the Office of the Inspector General of
the CIA. The study shall include identification of any
barriers and disincentives to the recruitment or retention
of experienced investigators within the Office of the
Inspector General of the CIA. The study shall compare the
personnel authorities of the CIA Inspector General with
the personnel authorities of other federal Inspectors
General, including a comparison of the benefits available
to experienced investigators within the offices of other
federal Inspectors General with those available to
investigators within the Office of the CIA Inspector
General. The OPM Inspector General is to submit the report
to the congressional intelligence and homeland security
committees not later than 120 days after enactment.
Subtitle C--National Security Agency
Section 421. Additional authorities for National Security
Agency security personnel
Section 421 amends Section 11 of the National Security
Agency Act of 1959 to authorize NSA security personnel to
transport apprehended individuals from NSA premises to the
custody of law enforcement officials. Under current law, when
NSA security personnel apprehend an individual, they must
wait with the individual until local law enforcement
personnel arrive to complete the transfer of custody. This
can require NSA personnel to wait, frequently for hours,
often with the apprehended individual in a security vehicle,
for the transfer to local law enforcement. According to the
DNI, from 2004 to 2009, on 448 occasions, the apprehension of
an individual engaged NSA personnel and transportation
resources for over 2 hours.
Section 421 provides a limited expansion of authority for
NSA security personnel to transport apprehended individuals
to the custody of local law enforcement within 30 miles of
NSA premises. This authority is to be used sparingly by NSA
security personnel under a well-established regime of
administrative controls and management oversight, and only
with prior consent from the accepting jurisdiction.
Subtitle D--Other Elements
Section 431. Codification of Office of Intelligence and
Analysis of the Department of Homeland Security as an
element of the intelligence community
Section 431 amends Section 3(4)(K) of the National Security
Act of 1947 in order to include the Office of Intelligence
and Analysis of the Department of Homeland Security within
the term ``intelligence community'' for purposes of the Act.
This provides for a more specific reference to the Office of
Intelligence and Analysis, in addition to the intelligence
element of the Coast Guard, that is part of the Intelligence
Community, in the same manner as Congress has done in Section
3(4)(I) and (J) for the State and Treasury Department
elements of the Intelligence Community.
Section 432. Federal Bureau of Investigation participation in
the Department of Justice leave bank
Section 432 provides for participation of employees of the
FBI in the Department of Justice's Voluntary Leave Bank
Program. The Voluntary Leave Bank Program allows federal
employees to donate to and to receive donations from a leave
``bank'' to cover absences necessitated by extraordinary
medical conditions. Current law does not allow participation
by FBI employees in the Department's program, although the
FBI is part of the Department. While 5 USC 6372(c) would
allow FBI to establish its own voluntary leave bank program,
the Director of the FBI has determined that it would be more
cost effective and efficient to allow FBI employees to
participate in the larger Department of Justice program and
has requested a legislative provision to accomplish this
objective for the overall benefit of the Bureau and its
personnel.
Under Section 432, the Director is to consider the
protection of sources and methods in allowing for
participation in the leave bank program. In providing for
leave bank opportunities to cover absences necessitated by
extraordinary medical conditions, it is intended that the
Director consider any impact on operations of the Bureau when
making a decision on whether to allow FBI employees to take
part in the program.
Section 433. Accounts and transfer authority for
appropriations and other amounts for intelligence
elements of the Department of Defense
Section 433 authorizes the Secretary of Defense to transfer
defense appropriations available for the activities of the
defense intelligence elements into an account or accounts
established for receipt of such funds. These accounts may
receive transfers and reimbursement from transactions,
authorized by law, between the defense intelligence elements
and other entities, and the DNI may also transfer funds into
these accounts. Appropriations transferred pursuant to this
section shall remain available for the same time period, and
for the same purposes, as the appropriations from which funds
were transferred. This section is intended to ensure improved
auditing of defense intelligence appropriations.
Section 434. Report on training standards of defense
intelligence workforce
Section 434 requires not later than 180 days after
enactment the DNI and the Under Secretary of Defense for
Intelligence to submit to the congressional intelligence and
armed services committees a report on the training standards
of the defense intelligence workforce. The report is to
include a description of existing training, education, and
professional development standards applied to the personnel
of defense intelligence components, and an assessment of the
ability to implement a certification program based on
achievement of required training, education, and professional
development standards.
TITLE V--OTHER MATTERS
Section 501. Report on airspace restrictions for use of
unmanned aerial vehicles along the border of the United
States and Mexico
Section 501 requires the Secretary of Homeland Security not
later than 90 days after enactment to submit to the
congressional intelligence and homeland security committees 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.
Section 502. Sense of Congress regarding integration of
fusion centers
Section 502 states that it is the sense of Congress that
the Secretary of Homeland Security, in consultation with the
DNI, 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.
Section 503. Strategy to counter improvised explosive devices
Section 503 requires the DNI and the Secretary of Defense
to 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. Not later than 120 days
after enactment, the DNI and the Secretary of Defense are to
submit a report containing the strategy to the congressional
intelligence and armed services committees and implement such
strategy.
Section 504. Sense of Congress regarding the priority of
railway transportation security
Section 504 states that it is the sense of Congress that
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 of the Department of Homeland
Security and included in threat assessment budgets of the
Intelligence Community.
Section 505. Technical amendments to the National Security
Act of 1947
Section 505 updates certain references in sections 3(6),
506(b) and 506A of the National Security Act of 1947 from the
``Director of Central Intelligence'' and the ``National
Foreign Intelligence Program'' to the ``Director
[[Page S8617]]
of National Intelligence'' and the ``National Intelligence
Program.''
Section 506. Technical amendments to Title 18, United States
Code
Section 506 updates references in 18 USC 351(a) to the
Director and Deputy Director of Central Intelligence and
provides that the amended section includes the DNI, the
Principal Deputy DNI, and the Director and Deputy Director of
the CIA among officials covered by the provision.
Section 507. Budgetary effects
Section 507 states that the budget 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.
Mrs. FEINSTEIN. Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Georgia.
Mr. CHAMBLISS. Mr. President, I rise to join Chairman Feinstein in
thanking my colleagues for their support of the fiscal year 2012
Intelligence Authorization Act. Over the past several months, the
committee has worked hard to resolve the final details of the bill and
concerns raised by other committees and individual Members. The end
result of this effort is a solid bill that ensures vigorous
congressional oversight and provides needed authorities to the
intelligence community.
Of course, the vast majority of what the committee authorized is
classified, so I cannot discuss specifics. I can say that the
classified annex is designed to improve the operations of the
intelligence community--from counterterrorism and counterproliferation
to the wars in Afghanistan and Iraq and everything in between.
This bill also implements fiscal discipline. Difficult economic times
demand austerity, but cuts in this bill are specific and targeted to
eliminate waste while preserving the critical work the intelligence
community does to protect our country.
In the unclassified area--and one of great importance to me--we
reached an agreeable compromise with the Administration that gives the
committee the information we need about the transfer of Guantanamo Bay
detainees. As the recidivism rate among former detainees rises over 27
percent, it is critical that the committee have full insight into the
transfer and resettlement process. The vast majority of detainees are
free when they are transferred, and this committee needs to know
whether the countries charged with monitoring them are capable and
willing to do so. Several provisions in this bill will help the
committee do that.
The bill also addresses concerns from other committees with national
security interests and from the House. As we go forward, I hope the
committees of the Senate will do a better job of making sure that
committees with oversight of national security issues get the
information they need, without automatic objections based on perceived
jurisdictional lines. Too often, the intelligence committee includes
other committees on receipt of reports or other products, but does not
get the same treatment in return. That's just not good for oversight or
for fulfilling our responsibility to the American people.
I am also pleased that we were able to reach reasonable solutions for
authorities requested by the intelligence community. The bill allows
for the reimbursement of burial expenses for certain government
employees who are killed as the result of hostile or terrorist
activities or die in connection with a risky intelligence activity. In
these difficult financial times, we worked hard to make sure that the
provision is in line with benefits for the families of fallen soldiers
and with the funeral costs generally paid by ordinary Americans. We
also ensured that individuals in the same agency, like the FBI, are
entitled to receive the same reimbursement. The bill also refines the
administration of the CIA's foreign language proficiency requirements
and allows for more flexible personnel management by the Director of
National Intelligence.
I thank Chairman Feinstein for her hard work and leadership in
getting this bill through the Senate. I also thank the committee staff
for once again showing their dedication and commitment to protecting
the national security of this country.
Mr. REID. Mr. President, I ask unanimous consent that the Feinstein
substitute amendment, which is at the desk, be agreed to; the bill, as
amended, be agreed to; the motions to reconsider be laid upon the
table, with no further intervening action or debate; and any statements
related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 1463) was agreed to.
The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment was ordered to be engrossed and the bill read a third
time.
The bill (H.R. 1892), as amended, was read the third time and passed.
____________________
[Congressional Record Volume 157, Number 192 (Wednesday, December 14, 2011)]
[Senate]
[Pages S8604-S8610]
TEXT OF AMENDMENTS
[...]
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
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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
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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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