[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1892 Enrolled Bill (ENR)]
H.R.1892
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
To authorize appropriations for fiscal year 2012 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

f50228c686cead084ab1e1bb76fd1690c7aa6e39bd9df26b973447cc9d9da0af

(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:

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TITLE III

-GENERAL PROVISIONS

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among the elements of the intelligence community.

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detainees held at United States Naval Station, Guantanamo Bay,
Cuba.

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intelligence community.
Subtitle A--Office of the Director of National Intelligence

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TITLE IV

-MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Office of the Director of National Intelligence.

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Director of National Intelligence.
Subtitle B--Central Intelligence Agency

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General of the Central Intelligence Agency.

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General.
Subtitle C--National Security Agency

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Department of Homeland Security as element of the intelligence
community.

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b88eb4f1b8dff86cb9edf92fef9dbd783f1c220aaebfeaa7f16a59af276e4fb8

amounts for intelligence elements of the Department of
Defense.

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vehicles along the border of the United States and Mexico.

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TITLE V

-OTHER MATTERS

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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)).

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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.

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TITLE I

-INTELLIGENCE ACTIVITIES

(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.

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(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).

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(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).

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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.

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TITLE II

-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

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.

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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.

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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.).

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MANAGEMENT AMONG THE ELEMENTS OF THE INTELLIGENCE COMMUNITY.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsection:
``(v) Authority To Establish Positions in Excepted Service.--(1)
The Director of National Intelligence, with the concurrence of the head
of the covered department concerned and in consultation with the
Director of the Office of Personnel Management, may--
``(A) convert competitive service positions, and the incumbents
of such positions, within an element of the intelligence community
in such department, to excepted service positions as the Director
of National Intelligence determines necessary to carry out the
intelligence functions of such element; and
``(B) establish new positions in the excepted service within an
element of the intelligence community in such department, if the
Director of National Intelligence determines such positions are
necessary to carry out the intelligence functions of such element.
``(2) An incumbent occupying a position on the date of the
enactment of the Intelligence Authorization Act for Fiscal Year 2012
selected to be converted to the excepted service under this section
shall have the right to refuse such conversion. Once such individual no
longer occupies the position, the position may be converted to the
excepted service.
``(3) In this subsection, the term `covered department' means the
Department of Energy, the Department of Homeland Security, the
Department of State, or the Department of the Treasury.''.

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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.''.

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(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.

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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.''.

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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.

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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 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.

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(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.

6fd378b3e2bd0c4406d93544a067d69c0b32cafe0b07ea9824c6f1c86fd3450c

(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''.

1176e4c586173024b15cf500b0d2541fad4a3d566ff8e9c564827ee0b2259bc1

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.
Subtitle A--Office of the Director of National Intelligence

9c56c0be94e60766b2bb618e08e786bb6920f629180c3601777a87138304f732

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;
(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.

caf3f8e4d9bced22c484ab2a96df1e286248ab89c43a0ac4a8c65fb7bbbb8a61

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.

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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.''.

2ada5d40aae7814097bac9498083229ef1d9c95249c455b5c70e22f024cc8166

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.''.

3dd2d292cd692aec41c37a3d46e774db4e2cbd6e8f0343c7e8b7c795c2b6ede0

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

ee18248eedd64c2ec1c28ed00c16cf76704e54716e99796a1a2bef9e508eb162

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.''.

ab86c713a7928790a9a223d62754f6c61bcce60cc76b3e9617defb8541deb0e7

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.

ac33f85acbd249bae126f44628022a2b2b1a6244325483216eae549da888359a

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.''.

977315afebcbd3445f15529877902c8d27d3ecad75c3a101ab27e3fa2afd1486

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 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).

2659d0859f3f8bb3e8d2f6ff13ef81e16c33ed3a487f8b2c177141ec6bb65ac3

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

917571a29aa82a6b6cdae86b2b6628ba087e97a85824e679f21024665f3ee97b

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

3666727e618293399e6570b820a494ea81eed1405a249c8726041ff9e0e14f7f

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.''.

bbc04be96df8ba1df7c3b61a65e002932da618c754c8247a068c61e860316439

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.''.

a71ea8ff18ce77349813e02f748aa92fb5ed92804a170f844052f651094d0419

OTHER AMOUNTS FOR INTELLIGENCE ELEMENTS OF THE DEPARTMENT OF
DEFENSE.
(a) In General.--Chapter 21 of title 10, United States Code, is
amended by inserting after section 428 the following new section:
``Sec. 429. Appropriations for Defense intelligence elements: accounts
for transfers; transfer authority
``(a) Accounts for Appropriations for Defense Intelligence
Elements.--The Secretary of Defense may transfer appropriations of the
Department of Defense which are available for the activities of Defense
intelligence elements to an account or accounts established for receipt
of such transfers. Each such account may also receive transfers from
the Director of National Intelligence if made pursuant to Section 102A
of the National Security Act of 1947 (50 U.S.C. 403-1), and transfers
and reimbursements arising from transactions, as authorized by law,
between a Defense intelligence element and another entity.
Appropriation balances in each such account may be transferred back to
the account or accounts from which such appropriations originated as
appropriation refunds.
``(b) Recordation of Transfers.--Transfers made pursuant to
subsection (a) shall be recorded as expenditure transfers.
``(c) Availability of Funds.--Funds transferred pursuant to
subsection (a) shall remain available for the same time period and for
the same purpose as the appropriation from which transferred, and shall
remain subject to the same limitations provided in the act making the
appropriation.
``(d) Obligation and Expenditure of Funds.--Unless otherwise
specifically authorized by law, funds transferred pursuant to
subsection (a) shall only be obligated and expended in accordance with
chapter 15 of title 31 and all other applicable provisions of law.
``(e) Defense Intelligence Element Defined.--In this section, the
term `Defense intelligence element' means any of the Department of
Defense agencies, offices, and elements included within the definition
of `intelligence community' under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of such chapter is amended by adding at the end the
following new item:
``429. Appropriations for Defense intelligence elements: accounts for
transfers; transfer authority.''.

eac96e7348f3997e12406c297427fb59e55e08f9a43bab6dbd42214cb6283064

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.

b391c3a508a0329f08b775887cefd4cf482816a5e78c7a68fffa177ae87c41a4

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.

ef972b4d1bbd97f5a7b753f31bd19464cde3a72d3c64f7305bcc29c359a1075e

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.

fbca987a1c23265109e188dde8cd94b8867d5b1655e7dd0659dba83578502c9f

(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.

059c245267bc60efd9e56678aba3921c9a6617d224cf6618178ac98a6dc8d536

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.

dd01aaa38524972cf3ee2a2134244c56097e95d5bf3b1ea6893737644effd981

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''.

0c95bfbac3cd00cb5af76046a99d5930a4a4ff5fa3a9748063dc3c0ec9a61c39

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,''.

6d99cf18e2a78006a52bd043184000a4669005bb694feccf93819d02574ccb9f

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

e129e189e8bdf217eba471035db72dc5275731d7cd148fdeb468c87ec94a6e28

Intelligence Authorization Act for Fiscal Year 2012

Other Sections

TITLE III

TITLE IV

TITLE V

TITLE I

TITLE II

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