In the Senate of the United States, 

December 14, 2011. 

Resolved, That the bill from the House of Representatives (H.R. 1892) entitled ‘‘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.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In3 telligence Authorization Act for Fiscal Year 2012’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 
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† HR 1892 EAS 

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. 
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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. 

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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence commit5 tees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 

8 (B) the Permanent Select Committee on In9 telligence of the House of Representatives. 

10 (2) INTELLIGENCE COMMUNITY.—The term ‘‘in11 telligence community’’ has the meaning given that 

12 term in section 3(4) of the National Security Act of 

13 1947 (50 U.S.C. 401a(4)). 
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† HR 1892 EAS 

1 TITLE I—INTELLIGENCE 

2 ACTIVITIES 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for fis5 cal year 2012 for the conduct of the intelligence and intel6 ligence-related activities of the following elements of the 

7 United States Government: 

8 (1) The Office of the Director of National Intel9 ligence. 

10 (2) The Central Intelligence Agency. 

11 (3) The Department of Defense. 

12 (4) The Defense Intelligence Agency. 

13 (5) The National Security Agency. 

14 (6) The Department of the Army, the Depart15 ment of the Navy, and the Department of the Air 

16 Force. 

17 (7) The Coast Guard. 

18 (8) The Department of State. 

19 (9) The Department of the Treasury. 

20 (10) The Department of Energy. 

21 (11) The Department of Justice. 

22 (12) The Federal Bureau of Investigation. 

23 (13) The Drug Enforcement Administration. 

24 (14) The National Reconnaissance Office. 
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† HR 1892 EAS 

1 (15) The National Geospatial-Intelligence Agen2 cy. 

3 (16) The Department of Homeland Security. 

4 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

5 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

6 LEVELS.—The amounts authorized to be appropriated 

7 under section 101 and, subject to section 103, the authorized 

8 personnel ceilings as of September 30, 2012, for the conduct 

9 of the intelligence activities of the elements listed in para10 graphs (1) through (16) of section 101, are those specified 

11 in the classified Schedule of Authorizations prepared to ac12 company the bill H.R. 1892 of the One Hundred Twelfth 

13 Congress. 

14 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU15 THORIZATIONS.— 

16 (1) AVAILABILITY TO COMMITTEES OF CON17 GRESS.—The classified Schedule of Authorizations re18 ferred to in subsection (a) shall be made available to 

19 the Committee on Appropriations of the Senate, the 

20 Committee on Appropriations of the House of Rep21 resentatives, and to the President. 

22 (2) DISTRIBUTION BY THE PRESIDENT.—Subject 

23 to paragraph (3), the President shall provide for suit24 able distribution of the classified Schedule of Author-
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1 izations, or of appropriate portions of the Schedule, 

2 within the executive branch. 

3 (3) LIMITS ON DISCLOSURE.—The President 

4 shall not publicly disclose the classified Schedule of 

5 Authorizations or any portion of such Schedule ex6 cept— 

7 (A) as provided in section 601(a) of the Im8 plementing Recommendations of the 9/11 Com9 mission Act of 2007 (50 U.S.C. 415c) 

10 (B) to the extent necessary to implement the 

11 budget; or 

12 (C) as otherwise required by law. 

13 (c) USE OF FUNDS FOR CERTAIN ACTIVITIES IN THE

14 CLASSIFIED ANNEX.—In addition to any other purpose au15 thorized by law, the Director of the Federal Bureau of Inves16 tigation may expend funds authorized in this Act as speci17 fied in the Federal Bureau of Investigation Policy Imple18 mentation section of the classified annex accompanying this 

19 Act. 

20 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

21 (a) AUTHORITY FOR INCREASES.—The Director of Na22 tional Intelligence may authorize the employment of civil23 ian personnel in excess of the number of full-time equivalent 

24 positions for fiscal year 2012 authorized by the classified 

25 Schedule of Authorizations referred to in section 102(a) if 
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1 the Director of National Intelligence determines that such 

2 action is necessary for the performance of important intel3 ligence functions, except that the number of personnel em4 ployed in excess of the number authorized under such sec5 tion may not, for any element of the intelligence commu6 nity, exceed 3 percent of the number of civilian personnel 

7 authorized under such section for such element. 

8 (b) AUTHORITY FOR CONVERSION OF ACTIVITIES PER9 FORMED BY CONTRACT PERSONNEL.— 

10 (1) IN GENERAL.—In addition to the authority 

11 in subsection (a) and subject to paragraph (2), if the 

12 head of an element of the intelligence community 

13 makes a determination that activities currently being 

14 performed by contract personnel should be performed 

15 by employees of such element, the Director of National 

16 Intelligence, in order to reduce a comparable number 

17 of contract personnel, may authorize for that purpose 

18 employment of additional full-time equivalent per19 sonnel in such element equal to the number of full20 time equivalent contract personnel performing such 

21 activities. 

22 (2) CONCURRENCE AND APPROVAL.—The author23 ity described in paragraph (1) may not be exercised 

24 unless the Director of National Intelligence concurs 

25 with the determination described in such paragraph. 
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1 (c) TREATMENT OF CERTAIN PERSONNEL.—The Direc2 tor of National Intelligence shall establish guidelines that 

3 govern, for each element of the intelligence community, the 

4 treatment under the personnel levels authorized under sec5 tion 102(a), including any exemption from such personnel 

6 levels, of employment or assignment— 

7 (1) in a student program, trainee program, or 

8 similar program; 

9 (2) in a reserve corps or as a reemployed annu10 itant; or 

11 (3) in details, joint duty, or long-term, full-time 

12 training. 

13 (d) NOTICE TO CONGRESSIONAL INTELLIGENCE COM14 MITTEES.—The Director of National Intelligence shall no15 tify the congressional intelligence committees in writing at 

16 least 15 days prior to the initial exercise of an authority 

17 described in subsection (a) or (b). 

18 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC19 COUNT. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated for the Intelligence Commu22 nity Management Account of the Director of National Intel23 ligence for fiscal year 2012 the sum of $576,393,000. Within 

24 such amount, funds identified in the classified Schedule of 

25 Authorizations referred to in section 102(a) for advanced 
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1 research and development shall remain available until Sep2 tember 30, 2013. 

3 (b) AUTHORIZED PERSONNEL LEVELS.—The elements 

4 within the Intelligence Community Management Account of 

5 the Director of National Intelligence are authorized 777 

6 full-time or full-time equivalent personnel as of September 

7 30, 2012. Personnel serving in such elements may be perma8 nent employees of the Office of the Director of National In9 telligence or personnel detailed from other elements of the 

10 United States Government. 

11 (c) CLASSIFIED AUTHORIZATIONS.— 

12 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

13 addition to amounts authorized to be appropriated 

14 for the Intelligence Community Management Account 

15 by subsection (a), there are authorized to be appro16 priated for the Community Management Account for 

17 fiscal year 2012 such additional amounts as are spec18 ified in the classified Schedule of Authorizations re19 ferred to in section 102(a). Such additional amounts 

20 for advanced research and development shall remain 

21 available until September 30, 2013. 

22 (2) AUTHORIZATION OF PERSONNEL.—In addi23 tion to the personnel authorized by subsection (b) for 

24 elements of the Intelligence Community Management 

25 Account as of September 30, 2012, there are author-
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1 ized such additional personnel for the Community 

2 Management Account as of that date as are specified 

3 in the classified Schedule of Authorizations referred to 

4 in section 102(a). 

5 TITLE II—CENTRAL INTEL6 LIGENCE AGENCY RETIRE7 MENT AND DISABILITY SYS8 TEM 

9 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

10 There is authorized to be appropriated for the Central 

11 Intelligence Agency Retirement and Disability Fund for fis12 cal year 2012 the sum of $514,000,000. 

13 TITLE III—GENERAL 

14 PROVISIONS 

15 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

16 BENEFITS AUTHORIZED BY LAW. 

17 Appropriations authorized by this Act for salary, pay, 

18 retirement, and other benefits for Federal employees may 

19 be increased by such additional or supplemental amounts 

20 as may be necessary for increases in such compensation or 

21 benefits authorized by law. 

22 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

23 ACTIVITIES. 

24 The authorization of appropriations by this Act shall 

25 not be deemed to constitute authority for the conduct of any 
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† HR 1892 EAS 

1 intelligence activity which is not otherwise authorized by 

2 the Constitution or the laws of the United States. 

3 SEC. 303. ANNUAL REPORT ON HIRING OF NATIONAL SECU4 RITY EDUCATION PROGRAM PARTICIPANTS. 

5 Not later than 90 days after the end of each of fiscal 

6 years 2012, 2013, and 2014, the head of each element of 

7 the intelligence community shall submit to the congressional 

8 intelligence committees a report, which may be in classified 

9 form, containing the number of personnel hired by such ele10 ment during such fiscal year that were at any time a recipi11 ent of a grant or scholarship under the David L. Boren 

12 National Security Education Act of 1991 (50 U.S.C. 1901 

13 et seq.). 

14 SEC. 304. ENHANCEMENT OF AUTHORITY FOR FLEXIBLE 

15 PERSONNEL MANAGEMENT AMONG THE ELE16 MENTS OF THE INTELLIGENCE COMMUNITY. 

17 Section 102A of the National Security Act of 1947 (50 

18 U.S.C. 403–1) is amended by adding at the end the fol19 lowing new subsection: 

20 ‘‘(v) AUTHORITY TO ESTABLISH POSITIONS IN EX21 CEPTED SERVICE.—(1) The Director of National Intel22 ligence, with the concurrence of the head of the covered de23 partment concerned and in consultation with the Director 

24 of the Office of Personnel Management, may— 
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† HR 1892 EAS 

1 ‘‘(A) convert competitive service positions, and 

2 the incumbents of such positions, within an element 

3 of the intelligence community in such department, to 

4 excepted service positions as the Director of National 

5 Intelligence determines necessary to carry out the in6 telligence functions of such element; and 

7 ‘‘(B) establish new positions in the excepted serv8 ice within an element of the intelligence community 

9 in such department, if the Director of National Intel10 ligence determines such positions are necessary to 

11 carry out the intelligence functions of such element. 

12 ‘‘(2) An incumbent occupying a position on the date 

13 of the enactment of the Intelligence Authorization Act for 

14 Fiscal Year 2012 selected to be converted to the excepted 

15 service under this section shall have the right to refuse such 

16 conversion. Once such individual no longer occupies the po17 sition, the position may be converted to the excepted service. 

18 ‘‘(3) In this subsection, the term ‘covered department’ 

19 means the Department of Energy, the Department of Home20 land Security, the Department of State, or the Department 

21 of the Treasury.’’. 

22 SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION AS23 SESSMENT STATEMENTS. 

24 Section 102A of the National Security Act of 1947 (50 

25 U.S.C. 403–1), as amended by section 304 of this Act, is 
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† HR 1892 EAS 

1 further amended by adding at the end the following new 

2 subsection: 

3 ‘‘(w) NUCLEAR PROLIFERATION ASSESSMENT STATE4 MENTS INTELLIGENCE COMMUNITY ADDENDUM.—The Di5 rector of National Intelligence, in consultation with the 

6 heads of the appropriate elements of the intelligence commu7 nity and the Secretary of State, shall provide to the Presi8 dent, the congressional intelligence committees, the Com9 mittee on Foreign Affairs of the House of Representatives, 

10 and the Committee on Foreign Relations of the Senate an 

11 addendum to each Nuclear Proliferation Assessment State12 ment accompanying a civilian nuclear cooperation agree13 ment, containing a comprehensive analysis of the country’s 

14 export control system with respect to nuclear-related mat15 ters, including interactions with other countries of pro16 liferation concern and the actual or suspected nuclear, dual17 use, or missile-related transfers to such countries.’’. 

18 SEC. 306. COST ESTIMATES. 

19 (a) IN GENERAL.—Section 506A of the National Secu20 rity Act of 1947 (50 U.S.C. 415a–1) is amended— 

21 (1) in subsection (a)(2)— 

22 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

23 (B) by adding at the end the following new 

24 subparagraph: 
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† HR 1892 EAS 

1 ‘‘(B) For major system acquisitions requiring a service 

2 or capability from another acquisition or program to de3 liver the end-to-end functionality for the intelligence com4 munity end users, independent cost estimates shall include, 

5 to the maximum extent practicable, all estimated costs 

6 across all pertinent elements of the intelligence community. 

7 For collection programs, such cost estimates shall include 

8 the cost of new analyst training, new hardware and soft9 ware for data exploitation and analysis, and any unique 

10 or additional costs for data processing, storing, and power, 

11 space, and cooling across the life cycle of the program. If 

12 such costs for processing, exploitation, dissemination, and 

13 storage are scheduled to be executed in other elements of the 

14 intelligence community, the independent cost estimate shall 

15 identify and annotate such costs for such other elements ac16 cordingly.’’; and 

17 (2) in subsection (e)(2)— 

18 (A) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

19 (B) in subparagraph (A), as so designated, 

20 by striking ‘‘associated with the acquisition of a 

21 major system,’’ and inserting ‘‘associated with 

22 the development, acquisition, procurement, oper23 ation, and sustainment of a major system across 

24 its proposed life cycle,’’; and 

25 (C) by adding at the end the following: 
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† HR 1892 EAS 

1 ‘‘(B) In accordance with subsection (a)(2)(B), 

2 each independent cost estimate shall include all costs 

3 required across elements of the intelligence community 

4 to develop, acquire, procure, operate, and sustain the 

5 system to provide the end-to-end intelligence 

6 functionality of the system, including— 

7 ‘‘(i) for collection programs, the cost of new 

8 analyst training, new hardware and software for 

9 data exploitation and analysis, and any unique 

10 or additional costs for data processing, storing, 

11 and power, space, and cooling across the life 

12 cycle of the program; and 

13 ‘‘(ii) costs for processing, exploitation, dis14 semination, and storage scheduled to be executed 

15 in other elements of the intelligence commu16 nity.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by this 

18 section shall take effect on the date that is 180 days after 

19 the date of the enactment of this Act. 

20 SEC. 307. UPDATES OF INTELLIGENCE RELATING TO TER21 RORIST RECIDIVISM OF DETAINEES HELD AT 

22 UNITED STATES NAVAL STATION, GUANTA23 NAMO BAY, CUBA. 

24 (a) UPDATES AND CONSOLIDATION OF LANGUAGE.— 
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1 (1) IN GENERAL.—Title V of the National Secu2 rity Act of 1947 (50 U.S.C. 413 et seq.) is amended 

3 by inserting after section 506H the following new sec4 tion: 

5 ‘‘SUMMARY OF INTELLIGENCE RELATING TO TERRORIST

6 RECIDIVISM OF DETAINEES HELD AT UNITED STATES

7 NAVAL STATION, GUANTANAMO BAY, CUBA

8 ‘‘SEC. 506I. (a) IN GENERAL.—The Director of Na9 tional Intelligence, in consultation with the Director of the 

10 Central Intelligence Agency and the Director of the Defense 

11 Intelligence Agency, shall make publicly available an un12 classified summary of— 

13 ‘‘(1) intelligence relating to recidivism of detain14 ees currently or formerly held at the Naval Detention 

15 Facility at Guantanamo Bay, Cuba, by the Depart16 ment of Defense; and 

17 ‘‘(2) an assessment of the likelihood that such de18 tainees will engage in terrorism or communicate with 

19 persons in terrorist organizations. 

20 ‘‘(b) UPDATES.—Not less frequently than once every 6 

21 months, the Director of National Intelligence, in consulta22 tion with the Director of the Central Intelligence Agency 

23 and the Secretary of Defense, shall update and make pub24 licly available an unclassified summary consisting of the 

25 information required by subsection (a) and the number of 

26 individuals formerly detained at Naval Station, Guanta-
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† HR 1892 EAS 

1 namo Bay, Cuba, who are confirmed or suspected of return2 ing to terrorist activities after release or transfer from such 

3 Naval Station.’’. 

4 (2) INITIAL UPDATE.—The initial update re5 quired by section 506I(b) of such Act, as added by 

6 paragraph (1) of this subsection, shall be made pub7 licly available not later than 10 days after the date 

8 the first report following the date of the enactment of 

9 the Intelligence Authorization Act for Fiscal Year 

10 2012 is submitted to members and committees of Con11 gress pursuant to section 319 of the Supplemental Ap12 propriations Act, 2009 (Public Law 111–32; 10 

13 U.S.C. 801 note). 

14 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

15 contents in the first section of the National Security Act 

16 of 1947 is amended by inserting after the item relating to 

17 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.’’. 

18 SEC. 308. NOTIFICATION OF TRANSFER OF A DETAINEE 

19 HELD AT UNITED STATES NAVAL STATION, 

20 GUANTANAMO BAY, CUBA. 

21 (a) REQUIREMENT FOR NOTIFICATION.—The President 

22 shall submit to Congress, in classified form, at least 30 days 

23 prior to the transfer or release of an individual detained 

24 at Naval Station, Guantanamo Bay, Cuba, as of June 24, 
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† HR 1892 EAS 

1 2009, to the country of such individual’s nationality or last 

2 habitual residence or to any other foreign country or to a 

3 freely associated State the following information: 

4 (1) The name of the individual to be transferred 

5 or released. 

6 (2) The country or the freely associated State to 

7 which such individual is to be transferred or released. 

8 (3) The terms of any agreement with the country 

9 or the freely associated State for the acceptance of 

10 such individual, including the amount of any finan11 cial assistance related to such agreement. 

12 (4) The agencies or departments of the United 

13 States responsible for ensuring that the agreement de14 scribed in paragraph (3) is carried out. 

15 (b) DEFINITION.—In this section, the term ‘‘freely as16 sociated States’’ means the Federated States of Micronesia, 

17 the Republic of the Marshall Islands, and the Republic of 

18 Palau. 

19 (c) CONSTRUCTION WITH OTHER REQUIREMENTS.— 

20 Nothing in this section shall be construed to supersede or 

21 otherwise affect the following provisions of law: 

22 (1) Section 1028 of the National Defense Author23 ization Act for Fiscal Year 2012. 

24 (2) Section 8120 of the Department of Defense 

25 Appropriations Act, 2012. 
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1 SEC. 309. ENHANCED PROCUREMENT AUTHORITY TO MAN2 AGE SUPPLY CHAIN RISK. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COVERED AGENCY.—The term ‘‘covered agen5 cy’’ means any element of the intelligence community 

6 other than an element within the Department of De7 fense. 

8 (2) COVERED ITEM OF SUPPLY.—The term ‘‘cov9 ered item of supply’’ means an item of information 

10 technology (as that term is defined in section 11101 

11 of title 40, United States Code) that is purchased for 

12 inclusion in a covered system, and the loss of integ13 rity of which could result in a supply chain risk for 

14 a covered system. 

15 (3) COVERED PROCUREMENT.—The term ‘‘cov16 ered procurement’’ means— 

17 (A) a source selection for a covered system 

18 or a covered item of supply involving either a 

19 performance specification, as provided in section 

20 3306(a)(3)(B) of title 41, United States Code, or 

21 an evaluation factor, as provided in section 

22 3306(b)(1) of such title, relating to supply chain 

23 risk; 

24 (B) the consideration of proposals for and 

25 issuance of a task or delivery order for a covered 

26 system or a covered item of supply, as provided 
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1 in section 4106(d)(3) of title 41, United States 

2 Code, where the task or delivery order contract 

3 concerned includes a contract clause establishing 

4 a requirement relating to supply chain risk; or 

5 (C) any contract action involving a con6 tract for a covered system or a covered item of 

7 supply where such contract includes a clause es8 tablishing requirements relating to supply chain 

9 risk. 

10 (4) COVERED PROCUREMENT ACTION.—The term 

11 ‘‘covered procurement action’’ means any of the fol12 lowing actions, if the action takes place in the course 

13 of conducting a covered procurement: 

14 (A) The exclusion of a source that fails to 

15 meet qualifications standards established in ac16 cordance with the requirements of section 3311 of 

17 title 41, United States Code, for the purpose of 

18 reducing supply chain risk in the acquisition of 

19 covered systems. 

20 (B) The exclusion of a source that fails to 

21 achieve an acceptable rating with regard to an 

22 evaluation factor providing for the consideration 

23 of supply chain risk in the evaluation of pro24 posals for the award of a contract or the issuance 

25 of a task or delivery order. 
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1 (C) The decision to withhold consent for a 

2 contractor to subcontract with a particular 

3 source or to direct a contractor for a covered sys4 tem to exclude a particular source from consider5 ation for a subcontract under the contract. 

6 (5) COVERED SYSTEM.—The term ‘‘covered sys7 tem’’ means a national security system, as that term 

8 is defined in section 3542(b) of title 44, United States 

9 Code. 

10 (6) SUPPLY CHAIN RISK.—The term ‘‘supply 

11 chain risk’’ means the risk that an adversary may 

12 sabotage, maliciously introduce unwanted function, or 

13 otherwise subvert the design, integrity, manufac14 turing, production, distribution, installation, oper15 ation, or maintenance of a covered system so as to 

16 surveil, deny, disrupt, or otherwise degrade the func17 tion, use, or operation of such system. 

18 (b) AUTHORITY.—Subject to subsection (c) and in con19 sultation with the Director of National Intelligence, the 

20 head of a covered agency may, in conducting intelligence 

21 and intelligence-related activities— 

22 (1) carry out a covered procurement action; and 

23 (2) limit, notwithstanding any other provision of 

24 law, in whole or in part, the disclosure of information 
22 

† HR 1892 EAS 

1 relating to the basis for carrying out a covered pro2 curement action. 

3 (c) DETERMINATION AND NOTIFICATION.—The head of 

4 a covered agency may exercise the authority provided in 

5 subsection (b) only after— 

6 (1) any appropriate consultation with procure7 ment or other relevant officials of the covered agency; 

8 (2) making a determination in writing, which 

9 may be in classified form, that— 

10 (A) use of the authority in subsection (b)(1) 

11 is necessary to protect national security by re12 ducing supply chain risk; 

13 (B) less intrusive measures are not reason14 ably available to reduce such supply chain risk; 

15 and 

16 (C) in a case where the head of the covered 

17 agency plans to limit disclosure of information 

18 under subsection (b)(2), the risk to national secu19 rity due to the disclosure of such information 

20 outweighs the risk due to not disclosing such in21 formation; 

22 (3) notifying the Director of National Intel23 ligence that there is a significant supply chain risk 

24 to the covered system concerned, unless the head of the 
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† HR 1892 EAS 

1 covered agency making the determination is the Di2 rector of National Intelligence; and 

3 (4) providing a notice, which may be in classi4 fied form, of the determination made under para5 graph (2) to the congressional intelligence committees 

6 that includes a summary of the basis for the deter7 mination, including a discussion of less intrusive 

8 measures that were considered and why they were not 

9 reasonably available to reduce supply chain risk. 

10 (d) DELEGATION.—The head of a covered agency may 

11 not delegate the authority provided in subsection (b) or the 

12 responsibility to make a determination under subsection (c) 

13 to an official below the level of the service acquisition execu14 tive for the agency concerned. 

15 (e) SAVINGS.—The authority under this section is in 

16 addition to any other authority under any other provision 

17 of law. The authority under this section shall not be con18 strued to alter or effect the exercise of any other provision 

19 of law. 

20 (f) EFFECTIVE DATE.—The requirements of this sec21 tion shall take effect on the date that is 180 days after the 

22 date of the enactment of this Act and shall apply to con23 tracts that are awarded on or after such date. 

24 (g) SUNSET.—The authority provided in this section 

25 shall expire on the date that section 806 of the Ike Skelton 
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† HR 1892 EAS 

1 National Defense Authorization Act for Fiscal Year 2011 

2 (Public Law 111–383; 10 U.S.C. 2304 note) expires. 

3 SEC. 310. BURIAL ALLOWANCE. 

4 (a) AUTHORIZATION TO PROVIDE.— 

5 (1) IN GENERAL.—The head of an agency or de6 partment containing an element of the intelligence 

7 community may pay to the estate of a decedent de8 scribed in paragraph (2) a burial allowance at the re9 quest of a representative of such estate, as determined 

10 in accordance with the laws of a State. 

11 (2) DESCRIPTION.—A decedent described in this 

12 paragraph is an individual— 

13 (A) who served as a civilian officer or em14 ployee of such an agency or department; 

15 (B) who died as a result of an injury in16 curred during such service; and 

17 (C) whose death— 

18 (i) resulted from hostile or terrorist ac19 tivities; or 

20 (ii) occurred in connection with an in21 telligence activity having a substantial ele22 ment of risk. 

23 (b) USE OF BURIAL ALLOWANCE.—A burial allowance 

24 paid under subsection (a) may be used to reimburse such 

25 estate for burial expenses, including recovery, mortuary, fu-
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† HR 1892 EAS 

1 neral, or memorial service, cremation, burial costs, and 

2 costs of transportation by common carrier to the place se3 lected for final disposition of the decedent. 

4 (c) AMOUNT OF BURIAL ALLOWANCE; RELATIONSHIP

5 TO OTHER PROVISIONS.—A burial allowance paid under 

6 subsection (a) shall be— 

7 (1) in an amount not greater than— 

8 (A) the maximum reimbursable amount al9 lowed under Department of Defense Instruction 

10 1344.08 or successor instruction; plus 

11 (B) the actual costs of transportation re12 ferred to in subsection (b); and 

13 (2) in addition to any other benefit permitted 

14 under any other provision of law, including funds 

15 that may be expended as specified in the General Pro16 visions section of the classified annex accompanying 

17 this Act. 

18 (d) REPORT.—Not later than 180 days after the date 

19 of the enactment of this Act, the Director of the Office of 

20 Personnel Management, in consultation with the Director 

21 of National Intelligence, the Secretary of Labor, and the 

22 Secretary of Defense, shall submit to Congress a report on 

23 the feasibility of implementing legislation to provide for 

24 burial allowances at a level which adequately addresses the 

25 cost of burial expenses and provides for equitable treatment 
26 

† HR 1892 EAS 

1 when an officer or employee of a Federal agency or depart2 ment dies as the result of an injury sustained in the per3 formance of duty. 

4 SEC. 311. MODIFICATION OF CERTAIN REPORTING RE5 QUIREMENTS. 

6 (a) INTELLIGENCE REFORM AND TERRORISM PREVEN7 TION ACT OF 2004.—Section 1041(b) of the Intelligence Re8 form and Terrorism Prevention Act of 2004 (50 U.S.C. 

9 403–1b(b)) is amended by striking paragraphs (3) and (4). 

10 (b) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

11 YEAR 2003.—Section 904(d)(1) of the Intelligence Author12 ization Act for Fiscal Year 2003 (50 U.S.C. 402c(d)(1)) is 

13 amended by striking ‘‘on an annual basis’’. 

14 (c) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

15 YEAR 1995.—Section 809 of the Intelligence Authorization 

16 Act for Fiscal Year 1995 (50 U.S.C. App. 2170b) is amend17 ed— 

18 (1) by striking subsection (b); and 

19 (2) in subsection (c), by striking ‘‘reports re20 ferred to in subsections (a) and (b)’’ and inserting 

21 ‘‘report referred to in subsection (a)’’. 

22 (d) REPORT ON TEMPORARY PERSONNEL AUTHORIZA23 TIONS FOR CRITICAL LANGUAGE TRAINING.—Paragraph 

24 (3)(D) of section 102A(e) of the National Security Act of 

25 1947 (50 U.S.C. 403–1(e)), as amended by section 306 of 
27 

† HR 1892 EAS 

1 the Intelligence Authorization Act for Fiscal Year 2010 

2 (Public Law 111–259; 124 Stat. 2661), is amended by strik3 ing ‘‘The’’ and inserting ‘‘For each of the fiscal years 2010, 

4 2011, and 2012, the’’. 

5 SEC. 312. REVIEW OF STRATEGIC AND COMPETITIVE ANAL6 YSIS CONDUCTED BY THE INTELLIGENCE 

7 COMMUNITY. 

8 (a) REVIEW.—The Director of National Intelligence 

9 shall direct the Director’s Senior Advisory Group to conduct 

10 a comprehensive review of the strategic and competitive 

11 analysis of international terrorism and homegrown violent 

12 extremism conducted by elements of the intelligence commu13 nity during the 12 month period beginning on the date of 

14 the enactment of this Act. 

15 (b) RECOMMENDATIONS.—Not later than 15 months 

16 after the date of the enactment of this Act, the Director of 

17 the National Intelligence shall submit to the congressional 

18 intelligence committees— 

19 (1) a report on the results of the review con20 ducted under subsection (a); and 

21 (2) any actions taken by the Director to imple22 ment the recommendations, if any, of the Director’s 

23 Senior Advisory Group based on such results. 
28 

† HR 1892 EAS 

1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—Office of the Director of 

5 National Intelligence 

6 SEC. 401. INTELLIGENCE COMMUNITY ASSISTANCE TO 

7 COUNTER DRUG TRAFFICKING ORGANIZA8 TIONS USING PUBLIC LANDS. 

9 (a) CONSULTATION.—The Director of National Intel10 ligence shall consult with the heads of the Federal land 

11 management agencies on the appropriate actions the intel12 ligence community can take to assist such agencies in re13 sponding to the threat from covered entities that are cur14 rently or have previously used public lands in the United 

15 States to further the operations of such entities. 

16 (b) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act, the Director of National Intel18 ligence shall submit to the congressional intelligence com19 mittees, the Committee on the Judiciary of the Senate, and 

20 the Committee on the Judiciary of the House of Representa21 tives a report on the results of the consultation under sub22 section (a). Such report shall include— 

23 (1) an assessment of the intelligence community 

24 collection efforts dedicated to covered entities, includ25 ing any collection gaps or inefficiencies; and 
29 

† HR 1892 EAS 

1 (2) an assessment of the ability of the intel2 ligence community to assist Federal land manage3 ment agencies in identifying and protecting public 

4 lands from illegal drug grows and other activities and 

5 threats of covered entities, including through the shar6 ing of intelligence information. 

7 (c) DEFINITIONS.—In this section: 

8 (1) COVERED ENTITY.—The term ‘‘covered enti9 ty’’ means an international drug trafficking organi10 zation or other actor involved in drug trafficking gen11 erally. 

12 (2) FEDERAL LAND MANAGEMENT AGENCY.—The 

13 term ‘‘Federal land management agency’’ includes— 

14 (A) the Forest Service of the Department of 

15 Agriculture; 

16 (B) the Bureau of Land Management of the 

17 Department of the Interior; 

18 (C) the National Park Service of the De19 partment of the Interior; 

20 (D) the Fish and Wildlife Service of the De21 partment of the Interior; and 

22 (E) the Bureau of Reclamation of the De23 partment of the Interior. 
30 

† HR 1892 EAS 

1 (3) PUBLIC LANDS.—The term ‘‘public lands’’ 

2 means land under the management of a Federal land 

3 management agency. 

4 SEC. 402. APPLICATION OF CERTAIN FINANCIAL REPORT5 ING REQUIREMENTS TO THE OFFICE OF THE 

6 DIRECTOR OF NATIONAL INTELLIGENCE. 

7 For each of the fiscal years 2010, 2011, and 2012, the 

8 requirements of section 3515 of title 31, United States Code, 

9 to submit an audited financial statement shall not apply 

10 to the Office of the Director of National Intelligence if the 

11 Director of National Intelligence determines and notifies 

12 Congress that audited financial statements for such years 

13 for such Office cannot be produced on a cost-effective basis. 

14 SEC. 403. PUBLIC AVAILABILITY OF INFORMATION REGARD15 ING THE INSPECTOR GENERAL OF THE IN16 TELLIGENCE COMMUNITY. 

17 Section 103H of the National Security Act of 1947 (50 

18 U.S.C. 403–3h) is amended by adding at the end the fol19 lowing new subsection: 

20 ‘‘(o) INFORMATION ON WEBSITE.—(1) The Director of 

21 National Intelligence shall establish and maintain on the 

22 homepage of the publicly accessible website of the Office of 

23 the Director of National Intelligence information relating 

24 to the Office of the Inspector General of the Intelligence 
31 

† HR 1892 EAS 

1 Community including methods to contact the Inspector 

2 General. 

3 ‘‘(2) The information referred to in paragraph (1) 

4 shall be obvious and facilitate accessibility to the informa5 tion related to the Office of the Inspector General of the 

6 Intelligence Community.’’. 

7 SEC. 404. CLARIFICATION OF STATUS OF CHIEF INFORMA8 TION OFFICER IN THE EXECUTIVE SCHED9 ULE. 

10 Section 5315 of title 5, United States Code, is amended 

11 by inserting after the item relating to the Chief Information 

12 Officer, Small Business Administration the following new 

13 item: 

14 ‘‘Chief Information Officer of the Intelligence 

15 Community.’’. 

16 SEC. 405. TEMPORARY APPOINTMENT TO FILL VACANCIES 

17 WITHIN OFFICE OF THE DIRECTOR OF NA18 TIONAL INTELLIGENCE. 

19 Section 103 of the National Security Act of 1947 (50 

20 U.S.C. 403–3) is amended— 

21 (1) by redesignating subsection (e) as subsection 

22 (f); and 

23 (2) by inserting after subsection (d) the following 

24 new subsection: 
32 

† HR 1892 EAS 

1 ‘‘(e) TEMPORARY FILLING OF VACANCIES.—With re2 spect to filling temporarily a vacancy in an office within 

3 the Office of the Director of National Intelligence (other 

4 than that of the Director of National Intelligence), section 

5 3345(a)(3) of title 5, United States Code, may be applied— 

6 ‘‘(1) in the matter preceding subparagraph (A), 

7 by substituting ‘an element of the intelligence commu8 nity, as that term is defined in section 3(4) of the Na9 tional Security Act of 1947 (50 U.S.C. 401a(4)),’ for 

10 ‘such Executive agency’; and 

11 ‘‘(2) in subparagraph (A), by substituting ‘the 

12 intelligence community’ for ‘such agency’.’’. 

13 Subtitle B—Central Intelligence 

14 Agency 

15 SEC. 411. ACCEPTANCE OF GIFTS. 

16 Section 12 of the Central Intelligence Agency Act of 

17 1949 (50 U.S.C. 403l(a)) is amended— 

18 (1) in subsection (a)— 

19 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

20 (B) by striking the second and third sen21 tences and inserting the following: 

22 ‘‘(2) Any gift accepted under this section (and any in23 come produced by any such gift)— 

24 ‘‘(A) may be used only for—’’ 

25 ‘‘(i) artistic display; 
33 

† HR 1892 EAS 

1 ‘‘(ii) purposes relating to the general wel2 fare, education, or recreation of employees or de3 pendents of employees of the Agency or for simi4 lar purposes; or 

5 ‘‘(iii) purposes relating to the welfare, edu6 cation, or recreation of an individual described 

7 in paragraph (3); and 

8 ‘‘(B) under no circumstances may such a gift (or 

9 any income produced by any such gift) be used for 

10 operational purposes. 

11 ‘‘(3) An individual described in this paragraph is an 

12 individual who— 

13 ‘‘(A) is an employee or a former employee of the 

14 Agency who suffered injury or illness while employed 

15 by the Agency that— 

16 ‘‘(i) resulted from hostile or terrorist activi17 ties; 

18 ‘‘(ii) occurred in connection with an intel19 ligence activity having a significant element of 

20 risk; or 

21 ‘‘(iii) occurred under other circumstances 

22 determined by the Director to be analogous to the 

23 circumstances described in clause (i) or (ii); 

24 ‘‘(B) is a family member of such an employee or 

25 former employee; or 
34 

† HR 1892 EAS 

1 ‘‘(C) is a surviving family member of an em2 ployee of the Agency who died in circumstances de3 scribed in clause (i), (ii), or (iii) of subparagraph 

4 (A). 

5 ‘‘(4) The Director may not accept any gift under this 

6 section that is expressly conditioned upon any expenditure 

7 not to be met from the gift itself or from income produced 

8 by the gift unless such expenditure has been authorized by 

9 law. 

10 ‘‘(5) The Director may, in the Director’s discretion, 

11 determine that an individual described in subparagraph 

12 (A) or (B) of paragraph (3) may accept a gift for the pur13 poses described in paragraph (2)(A)(iii).’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(f) The Director, in consultation with the Director of 

17 the Office of Government Ethics, shall issue regulations to 

18 carry out the authority provided in this section. Such regu19 lations shall ensure that such authority is exercised con20 sistent with all relevant ethical constraints and principles, 

21 including— 

22 ‘‘(1) the avoidance of any prohibited conflict of 

23 interest or appearance of impropriety; and 
35 

† HR 1892 EAS 

1 ‘‘(2) a prohibition against the acceptance of a 

2 gift from a foreign government or an agent of a for3 eign government.’’. 

4 SEC. 412. FOREIGN LANGUAGE PROFICIENCY REQUIRE5 MENTS FOR CENTRAL INTELLIGENCE AGEN6 CY OFFICERS. 

7 (a) IN GENERAL.—Section 104A(g) of the National Se8 curity Act of 1947 (50 U.S.C. 403–4a(g)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in the matter preceding subparagraph 

11 (A)— 

12 (i) by inserting ‘‘in the Directorate of 

13 Intelligence career service or the National 

14 Clandestine Service career service’’ after 

15 ‘‘an individual’’; 

16 (ii) by inserting ‘‘or promoted’’ after 

17 ‘‘appointed’’; and 

18 (iii) by striking ‘‘individual—’’ and 

19 inserting ‘‘individual has been certified as 

20 having a professional speaking and reading 

21 proficiency in a foreign language, such pro22 ficiency being at least level 3 on the Inter23 agency Language Roundtable Language 

24 Skills Level or commensurate proficiency 

25 level using such other indicator of pro-
36 

† HR 1892 EAS 

1 ficiency as the Director of the Central Intel2 ligence Agency considers appropriate.’’; 

3 (B) by striking subparagraphs (A) and (B); 

4 and 

5 (2) in paragraph (2), by striking ‘‘position or 

6 category of positions’’ both places that term appears 

7 and inserting ‘‘position, category of positions, or oc8 cupation’’. 

9 (b) EFFECTIVE DATE.—Section 611(b) of the Intel10 ligence Authorization Act for Fiscal Year 2005 (Public Law 

11 108–487; 50 U.S.C. 403–4a note) is amended— 

12 (1) by inserting ‘‘or promotions’’ after ‘‘appoint13 ments’’; and 

14 (2) by striking ‘‘that is one year after the date’’. 

15 (c) REPORT ON WAIVERS.—Section 611(c) of the Intel16 ligence Authorization Act for Fiscal Year 2005 (Public Law 

17 108–487; 118 Stat. 3955) is amended— 

18 (1) in the first sentence— 

19 (A) by striking ‘‘positions’’ and inserting 

20 ‘‘individual waivers’’; and 

21 (B) by striking ‘‘Directorate of Operations’’ 

22 and inserting ‘‘National Clandestine Service’’; 

23 and 
37 

† HR 1892 EAS 

1 (2) in the second sentence, by striking ‘‘position 

2 or category of positions’’ and inserting ‘‘position, cat3 egory of positions, or occupation’’. 

4 (d) REPORT ON TRANSFERS.—Not later than 45 days 

5 after the date of the enactment of this Act, and on an an6 nual basis for each of the following 3 years, the Director 

7 of the Central Intelligence Agency shall submit to the con8 gressional intelligence committees a report on the number 

9 of Senior Intelligence Service employees of the Agency 

10 who— 

11 (1) were transferred during the reporting period 

12 to a Senior Intelligence Service position in the Direc13 torate of Intelligence career service or the National 

14 Clandestine Service career service; and 

15 (2) did not meet the foreign language require16 ments specified in section 104A(g)(1) of the National 

17 Security Act of 1947 (50 U.S.C. 403–4a(g)(1)) at the 

18 time of such transfer. 

19 SEC. 413. PUBLIC AVAILABILITY OF INFORMATION REGARD20 ING THE INSPECTOR GENERAL OF THE CEN21 TRAL INTELLIGENCE AGENCY. 

22 Section 17 of the Central Intelligence Agency Act of 

23 1949 (50 U.S.C. 403q) is amended by adding at the end 

24 the following new subsection: 
38 

† HR 1892 EAS 

1 ‘‘(h) INFORMATION ON WEBSITE.—(1) The Director of 

2 the Central Intelligence Agency shall establish and main3 tain on the homepage of the Agency’s publicly accessible 

4 website information relating to the Office of the Inspector 

5 General including methods to contact the Inspector General. 

6 ‘‘(2) The information referred to in paragraph (1) 

7 shall be obvious and facilitate accessibility to the informa8 tion related to the Office of the Inspector General.’’. 

9 SEC. 414. CREATING AN OFFICIAL RECORD OF THE OSAMA 

10 BIN LADEN OPERATION. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) On May 1, 2011, United States personnel 

13 killed terrorist leader Osama bin Laden during the 

14 course of a targeted strike against his secret com15 pound in Abbottabad, Pakistan. 

16 (2) Osama bin Laden was the leader of the al 

17 Qaeda terrorist organization, the most significant ter18 rorism threat to the United States and the inter19 national community. 

20 (3) Osama bin Laden was the architect of ter21 rorist attacks which killed nearly 3,000 civilians on 

22 September 11, 2001, the most deadly terrorist attack 

23 against our Nation, in which al Qaeda terrorists hi24 jacked four airplanes and crashed them into the 

25 World Trade Center in New York City, the Pentagon 
39 

† HR 1892 EAS 

1 in Washington, D.C., and, due to heroic efforts by ci2 vilian passengers to disrupt the terrorists, near 

3 Shanksville, Pennsylvania. 

4 (4) Osama bin Laden planned or supported nu5 merous other deadly terrorist attacks against the 

6 United States and its allies, including the 1998 bomb7 ings of United States embassies in Kenya and Tan8 zania and the 2000 attack on the U.S.S. Cole in 

9 Yemen, and against innocent civilians in countries 

10 around the world, including the 2004 attack on com11 muter trains in Madrid, Spain and the 2005 bomb12 ings of the mass transit system in London, England. 

13 (5) Following the September 11, 2001, terrorist 

14 attacks, the United States, under President George W. 

15 Bush, led an international coalition into Afghanistan 

16 to dismantle al Qaeda, deny them a safe haven in Af17 ghanistan and ungoverned areas along the Pakistani 

18 border, and bring Osama bin Laden to justice. 

19 (6) President Barack Obama in 2009 committed 

20 additional forces and resources to efforts in Afghani21 stan and Pakistan as ‘‘the central front in our endur22 ing struggle against terrorism and extremism’’. 

23 (7) The valiant members of the United States 

24 Armed Forces have courageously and vigorously pur-
40 

† HR 1892 EAS 

1 sued al Qaeda and its affiliates in Afghanistan and 

2 around the world. 

3 (8) The anonymous, unsung heroes of the intel4 ligence community have pursued al Qaeda and affili5 ates in Afghanistan, Pakistan, and around the world 

6 with tremendous dedication, sacrifice, and profes7 sionalism. 

8 (9) The close collaboration between the Armed 

9 Forces and the intelligence community prompted the 

10 Director of National Intelligence, General James 

11 Clapper, to state, ‘‘Never have I seen a more remark12 able example of focused integration, seamless collabo13 ration, and sheer professional magnificence as was 

14 demonstrated by the Intelligence Community in the 

15 ultimate demise of Osama bin Laden.’’. 

16 (10) While the death of Osama bin Laden rep17 resents a significant blow to the al Qaeda organiza18 tion and its affiliates and to terrorist organizations 

19 around the world, terrorism remains a critical threat 

20 to United States national security. 

21 (11) President Obama said, ‘‘For over two dec22 ades, bin Laden has been al Qaeda’s leader and sym23 bol, and has continued to plot attacks against our 

24 country and our friends and allies. The death of bin 
41 

† HR 1892 EAS 

1 Laden marks the most significant achievement to date 

2 in our Nation’s effort to defeat al Qaeda.’’. 

3 (b) SENSE OF CONGRESS.—It is the sense of Congress 

4 that— 

5 (1) the raid that killed Osama bin Laden dem6 onstrated the best of the intelligence community’s ca7 pabilities and teamwork; 

8 (2) for years to come, Americans will look back 

9 at this event as a defining point in the history of the 

10 United States; 

11 (3) it is vitally important that the United States 

12 memorialize all the events that led to the raid so that 

13 future generations will have an official record of the 

14 events that transpired before, during, and as a result 

15 of the operation; and 

16 (4) preserving this history now will allow the 

17 United States to have an accurate account of the 

18 events while those that participated in the events are 

19 still serving in the Government. 

20 (c) REPORT ON THE OPERATION THAT KILLED OSAMA

21 BIN LADEN.—Not later than 90 days after the completion 

22 of the report being prepared by the Center for the Study 

23 of Intelligence that documents the history of and lessons 

24 learned from the raid that resulted in the death of Osama 

25 bin Laden, the Director of the Central Intelligence Agency 
42 

† HR 1892 EAS 

1 shall submit such report to the congressional intelligence 

2 committees. 

3 (d) PRESERVATION OF RECORDS.—The Director of the 

4 Central Intelligence Agency shall preserve any records, in5 cluding intelligence information and assessments, used to 

6 generate the report described in subsection (c). 

7 SEC. 415. RECRUITMENT OF PERSONNEL IN THE OFFICE OF 

8 THE INSPECTOR GENERAL. 

9 (a) STUDY.—The Inspector General of the Office of 

10 Personnel Management, in consultation with the Inspector 

11 General of the Central Intelligence Agency, shall carry out 

12 a study of the personnel authorities and available personnel 

13 benefits of the Office of the Inspector General of the Central 

14 Intelligence Agency. Such study shall include— 

15 (1) identification of any barriers or disincentives 

16 to the recruitment or retention of experienced inves17 tigators within the Office of the Inspector General of 

18 the Central Intelligence Agency; and 

19 (2) a comparison of the personnel authorities of 

20 the Inspector General of the Central Intelligence 

21 Agency with personnel authorities of Inspectors Gen22 eral of other agencies and departments of the United 

23 States, including a comparison of the benefits avail24 able to experienced investigators within the Office of 

25 the Inspector General of the Central Intelligence 
43 

† HR 1892 EAS 

1 Agency with similar benefits available within the of2 fices of Inspectors General of such other agencies or 

3 departments. 

4 (b) RECOMMENDATIONS.—Not later than 120 days 

5 after the date of the enactment of this Act, the Inspector 

6 General of the Office of Personnel Management shall submit 

7 to the congressional intelligence committees and the Com8 mittee on Homeland Security and Governmental Affairs of 

9 the Senate and the Committee on Oversight and Govern10 ment Reform of the House of Representatives— 

11 (1) a report on the results of the study conducted 

12 under subsection (a); and 

13 (2) any recommendations for legislative action 

14 based on such results. 

15 (c) FUNDING.—Of the funds authorized to be appro16 priated by this Act, the Director of National Intelligence 

17 shall transfer to the Inspector General of the Office of Per18 sonnel Management such sums as may be necessary to carry 

19 out this section. 

20 Subtitle C—National Security 

21 Agency 

22 SEC. 421. ADDITIONAL AUTHORITIES FOR NATIONAL SECU23 RITY AGENCY SECURITY PERSONNEL. 

24 (a) AUTHORITY TO TRANSPORT APPREHENDED PER25 SONS.—Paragraph (5) of section 11(a) of the National Se-
44 

† HR 1892 EAS 

1 curity Agency Act of 1959 (50 U.S.C. 402 note) is amended 

2 to read as follows: 

3 ‘‘(5) Agency personnel authorized by the Director 

4 under paragraph (1) may transport an individual appre5 hended under the authority of this section from the premises 

6 at which the individual was apprehended, as described in 

7 subparagraph (A) or (B) of paragraph (1), for the purpose 

8 of transferring such individual to the custody of law en9 forcement officials. Such transportation may be provided 

10 only to make a transfer of custody at a location within 30 

11 miles of the premises described in subparagraphs (A) and 

12 (B) of paragraph (1).’’. 

13 (b) CONFORMING AMENDMENT RELATING TO TORT LI14 ABILITY.—Paragraph (1) of section 11(d) of the National 

15 Security Agency Act of 1959 (50 U.S.C. 402 note) is amend16 ed— 

17 (1) in subparagraph (B), by striking ‘‘or’’ at the 

18 end; 

19 (2) in subparagraph (C), by striking the period 

20 at the end and inserting ‘‘; or’’; and 

21 (3) by adding at the end the following new sub22 paragraph: 

23 ‘‘(D) transport an individual pursuant to sub24 section (a)(2).’’. 
45 

† HR 1892 EAS 

1 Subtitle D—Other Elements 

2 SEC. 431. CODIFICATION OF OFFICE OF INTELLIGENCE AND 

3 ANALYSIS OF THE DEPARTMENT OF HOME4 LAND SECURITY AS ELEMENT OF THE INTEL5 LIGENCE COMMUNITY. 

6 Section 3(4)(K) of the National Security Act of 1947 

7 (50 U.S.C. 401a(4)(K)) is amended to read as follows: 

8 ‘‘(K) The Office of Intelligence and Analysis 

9 of the Department of Homeland Security.’’. 

10 SEC. 432. FEDERAL BUREAU OF INVESTIGATION PARTICIPA11 TION IN THE DEPARTMENT OF JUSTICE 

12 LEAVE BANK. 

13 Subsection (b) of section 6372 of title 5, United States 

14 Code, is amended to read as follows: 

15 ‘‘(b)(1) Except as provided in paragraph (2) and not16 withstanding any other provision of this subchapter, neither 

17 an excepted agency nor any individual employed in or 

18 under an excepted agency may be included in a leave bank 

19 program established under any of the preceding provisions 

20 of this subchapter. 

21 ‘‘(2) Notwithstanding any other provision of law, the 

22 Director of the Federal Bureau of Investigation may au23 thorize an individual employed by the Bureau to partici24 pate in a leave bank program administered by the Depart25 ment of Justice under this subchapter if in the Director’s 
46 

† HR 1892 EAS 

1 judgment such participation will not adversely affect the 

2 protection of intelligence sources and methods.’’. 

3 SEC. 433. ACCOUNTS AND TRANSFER AUTHORITY FOR AP4 PROPRIATIONS AND OTHER AMOUNTS FOR 

5 INTELLIGENCE ELEMENTS OF THE DEPART6 MENT OF DEFENSE. 

7 (a) IN GENERAL.—Chapter 21 of title 10, United 

8 States Code, is amended by inserting after section 428 the 

9 following new section: 

10 ‘‘§ 429. Appropriations for Defense intelligence ele11 ments: accounts for transfers; transfer au12 thority 

13 ‘‘(a) ACCOUNTS FOR APPROPRIATIONS FOR DEFENSE

14 INTELLIGENCE ELEMENTS.—The Secretary of Defense may 

15 transfer appropriations of the Department of Defense which 

16 are available for the activities of Defense intelligence ele17 ments to an account or accounts established for receipt of 

18 such transfers. Each such account may also receive transfers 

19 from the Director of National Intelligence if made pursuant 

20 to Section 102A of the National Security Act of 1947 (50 

21 U.S.C. 403-1), and transfers and reimbursements arising 

22 from transactions, as authorized by law, between a Defense 

23 intelligence element and another entity. Appropriation bal24 ances in each such account may be transferred back to the 
47 

† HR 1892 EAS 

1 account or accounts from which such appropriations origi2 nated as appropriation refunds. 

3 ‘‘(b) RECORDATION OF TRANSFERS.—Transfers made 

4 pursuant to subsection (a) shall be recorded as expenditure 

5 transfers. 

6 ‘‘(c) AVAILABILITY OF FUNDS.—Funds transferred 

7 pursuant to subsection (a) shall remain available for the 

8 same time period and for the same purpose as the appro9 priation from which transferred, and shall remain subject 

10 to the same limitations provided in the act making the ap11 propriation. 

12 ‘‘(d) OBLIGATION AND EXPENDITURE OF FUNDS.— 

13 Unless otherwise specifically authorized by law, funds 

14 transferred pursuant to subsection (a) shall only be obli15 gated and expended in accordance with chapter 15 of title 

16 31 and all other applicable provisions of law. 

17 ‘‘(e) DEFENSE INTELLIGENCE ELEMENT DEFINED.— 

18 In this section, the term ‘Defense intelligence element’ 

19 means any of the Department of Defense agencies, offices, 

20 and elements included within the definition of ‘intelligence 

21 community’ under section 3(4) of the National Security Act 

22 of 1947 (50 U.S.C. 401a(4)).’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections at 

24 the beginning of subchapter I of such chapter is amended 

25 by adding at the end the following new item: 
48 

† HR 1892 EAS 

‘‘429. Appropriations for Defense intelligence elements: accounts for transfers; 

transfer authority.’’. 

1 SEC. 434. REPORT ON TRAINING STANDARDS OF DEFENSE 

2 INTELLIGENCE WORKFORCE. 

3 (a) REPORT.—Not later than 180 days after the date 

4 of the enactment of this Act, the Director of National Intel5 ligence and the Under Secretary of Defense for Intelligence 

6 shall submit to the Permanent Select Committee on Intel7 ligence and the Committee on Armed Services of the House 

8 of Representatives and the Select Committee on Intelligence 

9 and the Committee on Armed Services of the Senate a re10 port on the training standards of the defense intelligence 

11 workforce. Such report shall include— 

12 (1) a description of existing training, education, 

13 and professional development standards applied to 

14 personnel of defense intelligence components; and 

15 (2) an assessment of the ability to implement a 

16 certification program for personnel of the defense in17 telligence components based on achievement of re18 quired training, education, and professional develop19 ment standards. 

20 (b) DEFINITIONS.—In this section: 

21 (1) DEFENSE INTELLIGENCE COMPONENTS.—The 

22 term ‘‘defense intelligence components’’ means— 

23 (A) the National Security Agency; 

24 (B) the Defense Intelligence Agency; 
49 

† HR 1892 EAS 

1 (C) the National Geospatial-Intelligence 

2 Agency; 

3 (D) the National Reconnaissance Office; 

4 (E) the intelligence elements of the Army, 

5 the Navy, the Air Force, and the Marine Corps; 

6 and 

7 (F) other offices within the Department of 

8 Defense for the collection of specialized national 

9 intelligence through reconnaissance programs. 

10 (2) DEFENSE INTELLIGENCE WORKFORCE.—The 

11 term ‘‘defense intelligence workforce’’ means the per12 sonnel of the defense intelligence components. 

13 TITLE V—OTHER MATTERS 

14 SEC. 501. REPORT ON AIRSPACE RESTRICTIONS FOR USE 

15 OF UNMANNED AERIAL VEHICLES ALONG THE 

16 BORDER OF THE UNITED STATES AND MEX17 ICO. 

18 Not later than 90 days after the date of the enactment 

19 of this Act, the Secretary of Homeland Security shall sub20 mit to the congressional intelligence committees, the Com21 mittee on Homeland Security of the House of Representa22 tives, and the Committee on Homeland Security and Gov23 ernmental Affairs of the Senate a report on whether restric24 tions on the use of airspace are hampering the use of un25 manned aerial vehicles by the Department of Homeland Se-
50 

† HR 1892 EAS 

1 curity along the international border between the United 

2 States and Mexico. 

3 SEC. 502. SENSE OF CONGRESS REGARDING INTEGRATION 

4 OF FUSION CENTERS. 

5 It is the sense of Congress that ten years after the ter6 rorist attacks upon the United States on September 11, 

7 2001, the Secretary of Homeland Security, in consultation 

8 with the Director of National Intelligence, should continue 

9 to integrate and utilize fusion centers to enlist all of the 

10 intelligence, law enforcement, and homeland security capa11 bilities of the United States in a manner that is consistent 

12 with the Constitution to prevent acts of terrorism against 

13 the United States. 

14 SEC. 503. STRATEGY TO COUNTER IMPROVISED EXPLOSIVE 

15 DEVICES. 

16 (a) STRATEGY.— 

17 (1) ESTABLISHMENT.—The Director of National 

18 Intelligence and the Secretary of Defense shall estab19 lish a coordinated strategy utilizing all available per20 sonnel and assets for intelligence collection and anal21 ysis to identify and counter network activity and op22 erations in Pakistan and Afghanistan relating to the 

23 development and use of improvised explosive devices. 

24 (2) CONTENTS.—The strategy established under 

25 paragraph (1) shall identify— 
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1 (A) the networks that design improvised ex2 plosive devices, provide training on improvised 

3 explosive device assembly and employment, and 

4 smuggle improvised explosive device components 

5 into Afghanistan; 

6 (B) the persons and organizations not di7 rectly affiliated with insurgents in Afghanistan 

8 who knowingly enable the movement of commer9 cial products and material used in improvised 

10 explosive device construction from factories and 

11 vendors in Pakistan into Afghanistan; 

12 (C) the financiers, financial networks, insti13 tutions, and funding streams that provide re14 sources to the insurgency in Afghanistan; and 

15 (D) the links to military, intelligence serv16 ices, and government officials who are complicit 

17 in allowing the insurgent networks in Afghani18 stan to operate. 

19 (b) REPORT AND IMPLEMENTATION.—Not later than 

20 120 days after the date of the enactment of this Act, the 

21 Director of National Intelligence and the Secretary of De22 fense shall— 

23 (1) submit to the congressional intelligence com24 mittees and the Committees on Armed Services of the 

25 House of Representatives and the Senate a report con-
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1 taining the strategy established under subsection (a); 

2 and 

3 (2) implement such strategy. 

4 SEC. 504. SENSE OF CONGRESS REGARDING THE PRIORITY 

5 OF RAILWAY TRANSPORTATION SECURITY. 

6 It is the sense of Congress that— 

7 (1) the nation’s railway transportation (includ8 ing subway transit) network is broad and technically 

9 complex, requiring robust communication between 

10 private sector stakeholders and the intelligence com11 munity to identify, monitor, and respond to threats; 

12 (2) the Department of Homeland Security Office 

13 of Intelligence and Analysis maintains a constructive 

14 relationship with other Federal agencies, state and 

15 local governments, and private entities to safeguard 

16 our railways; and 

17 (3) railway transportation security (including 

18 subway transit security) should continue to be 

19 prioritized in the critical infrastructure threat assess20 ment developed by the Office of Intelligence and Anal21 ysis and included in threat assessment budgets of the 

22 intelligence community. 
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1 SEC. 505. TECHNICAL AMENDMENTS TO THE NATIONAL SE2 CURITY ACT OF 1947. 

3 The National Security Act of 1947 (50 U.S.C. 401 et 

4 seq.) is amended— 

5 (1) in section 3(6) (50 U.S.C. 401a(6)), by strik6 ing ‘‘Director of Central Intelligence’’ and inserting 

7 ‘‘Director of National Intelligence’’; 

8 (2) in section 506(b) (50 U.S.C. 415a(b)), by 

9 striking ‘‘Director of Central Intelligence.’’ and in10 serting ‘‘Director of National Intelligence.’’; and 

11 (3) in section 506A(c)(2)(C) (50 U.S.C. 415a– 

12 1(c)(2)(C), by striking ‘‘National Foreign Intelligence 

13 Program’’ both places that term appears and insert14 ing ‘‘National Intelligence Program’’. 

15 SEC. 506. TECHNICAL AMENDMENTS TO TITLE 18, UNITED 

16 STATES CODE. 

17 Section 351(a) of title 18, United States Code, is 

18 amended— 

19 (1) by inserting ‘‘the Director (or a person nomi20 nated to be Director during the pendency of such 

21 nomination) or Principal Deputy Director of Na22 tional Intelligence,’’ after ‘‘in such department,’’; and 

23 (2) by striking ‘‘Central Intelligence,’’ and in24 serting ‘‘the Central Intelligence Agency,’’. 
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1 SEC. 507. BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go-Act of 2010, 

4 shall be determined by reference to the latest statement titled 

5 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

6 submitted for printing in the Congressional Record by the 

7 Chairman of the Senate Budget Committee, provided that 

8 such statement has been submitted prior to the vote on pas9 sage. 

Attest: 

Secretary. 

112TH CONGRESS 

1ST SESSION H.R. 1892 

AMENDMENT