II 

Calendar No. 161 

112TH CONGRESS 

1ST SESSION H. R. 1892 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2011 

Received; read twice and placed on the calendar 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Intelligence Authorization Act for Fiscal Year 2012’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; Table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE ACTIVITIES 


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Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Increase in employee compensation and benefits authorized by law. 

Sec. 302. Restriction on conduct of intelligence activities. 

Sec. 303. Annual report on hiring of National Security Education Program 

participants. 

Sec. 304. Enhancement of authority for flexible personnel management among 

the elements of the intelligence community. 

Sec. 305. Preparation of nuclear proliferation assessment statements. 

Sec. 306. Cost estimates. 

Sec. 307. Updates of intelligence relating to terrorist recidivism of detainees 

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

Sec. 308. Enhanced procurement authority to manage supply chain risk. 

Sec. 309. Modification of certain reporting requirements. 

Sec. 310. Counterterrorism Competitive Analysis Commission. 

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. Burial allowance. 

Sec. 412. Acceptance of gifts. 

Sec. 413. Foreign language proficiency requirements for Central Intelligence 

Agency officers. 

Sec. 414. Public availability of information regarding the Inspector General of 

the Central Intelligence Agency. 

Sec. 415. Creating an official record of the Osama bin Laden operation. 

Sec. 416. 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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 

8 (B) the Permanent Select Committee on 

9 Intelligence of the House of Representatives. 

10 (2) INTELLIGENCE COMMUNITY.—The term 

11 ‘‘intelligence community’’ has the meaning given 

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

13 Act of 1947 (50 U.S.C. 401a(4)). 


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1 TITLE I—INTELLIGENCE 

2 ACTIVITIES 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2012 for the conduct of the intelligence and 

6 intelligence-related activities of the following elements of 

7 the 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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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 104, the author8 ized personnel ceilings as of September 30, 2012, for the 

9 conduct of the intelligence activities of the elements listed 

10 in paragraphs (1) through (16) of section 101, are those 

11 specified in the classified Schedule of Authorizations pre12 pared to accompany the bill H.R. 1892 of the One Hun13 dred Twelfth Congress. 

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

16 (1) AVAILABILITY TO COMMITTEES OF CON17 GRESS.—The classified Schedule of Authorizations 

18 referred to in subsection (a) shall be made available 

19 to the Committee on Appropriations of the Senate, 

20 the Committee on Appropriations of the House of 

21 Representatives, and to the President. 

22 (2) DISTRIBUTION BY THE PRESIDENT.—Sub23 ject to paragraph (3), the President shall provide for 

24 suitable distribution of the classified Schedule of AuVerDate Mar 15 2010 21:15 Sep 12, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1892.PCS H1892

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1 thorizations, or of appropriate portions of the Sched2 ule, 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 

8 Implementing Recommendations of the 9/11 

9 Commission Act of 2007 (50 U.S.C. 415c) 

10 (B) to the extent necessary to implement 

11 the 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 

15 authorized by law, the Director of the Federal Bureau of 

16 Investigation may expend funds authorized in this Act as 

17 specified in the Federal Bureau of Investigation Policy 

18 Implementation section of the classified annex accom19 panying this Act. 

20 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

21 (a) AUTHORITY FOR INCREASES.—The Director of 

22 National Intelligence may authorize the employment of ci23 vilian personnel in excess of the number of full-time equiv24 alent positions for fiscal year 2012 authorized by the clas25 sified Schedule of Authorizations referred to in section 


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1 102(a) if the Director of National Intelligence determines 

2 that such action is necessary for the performance of im3 portant intelligence functions, except that the number of 

4 personnel employed in excess of the number authorized 

5 under such section may not, for any element of the intel6 ligence community, exceed 3 percent of the number of ci7 vilian personnel authorized under such section for such 

8 element. 

9 (b) AUTHORITY FOR CONVERSION OF ACTIVITIES

10 PERFORMED BY CONTRACT PERSONNEL.— 

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

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

13 head of an element of the intelligence community 

14 makes a determination that activities currently being 

15 performed by contract personnel should be per16 formed by employees of such element, the Director 

17 of National Intelligence, in order to reduce a com18 parable number of contract personnel, may authorize 

19 for that purpose employment of additional full-time 

20 equivalent personnel in such element equal to the 

21 number of full-time equivalent contract personnel 

22 performing such activities. 

23 (2) CONCURRENCE AND APPROVAL.—The au24 thority described in paragraph (1) may not be exer25 cised unless the Director of National Intelligence 


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1 concurs with the determination described in such 

2 paragraph. 

3 (c) TREATMENT OF CERTAIN PERSONNEL.—The Di4 rector of National Intelligence shall establish guidelines 

5 that govern, for each element of the intelligence commu6 nity, the treatment under the personnel levels authorized 

7 under section 102(a), including any exemption from such 

8 personnel levels, of employment or assignment— 

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

10 similar program; 

11 (2) in a reserve corps or as a reemployed annu12 itant; or 

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

14 training. 

15 (d) NOTICE TO CONGRESSIONAL INTELLIGENCE

16 COMMITTEES.—The Director of National Intelligence 

17 shall notify the congressional intelligence committees in 

18 writing at least 15 days prior to the initial exercise of an 

19 authority described in subsection (a) or (b). 

20 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC21 COUNT. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated for the Intelligence Commu24 nity Management Account of the Director of National In25 telligence for fiscal year 2012 the sum of $576,393,000. 


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1 Within such amount, funds identified in the classified 

2 Schedule of Authorizations referred to in section 102(a) 

3 for advanced research and development shall remain avail4 able until September 30, 2013. 

5 (b) AUTHORIZED PERSONNEL LEVELS.—The ele6 ments within the Intelligence Community Management 

7 Account of the Director of National Intelligence are au8 thorized 777 full-time or full-time equivalent personnel as 

9 of September 30, 2012. Personnel serving in such ele10 ments may be permanent employees of the Office of the 

11 Director of National Intelligence or personnel detailed 

12 from other elements of the United States Government. 

13 (c) CLASSIFIED AUTHORIZATIONS.— 

14 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

15 addition to amounts authorized to be appropriated 

16 for the Intelligence Community Management Ac17 count by subsection (a), there are authorized to be 

18 appropriated for the Community Management Ac19 count for fiscal year 2012 such additional amounts 

20 as are specified in the classified Schedule of Author21 izations referred to in section 102(a). Such addi22 tional amounts for advanced research and develop23 ment shall remain available until September 30, 

24 2013. 


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1 (2) AUTHORIZATION OF PERSONNEL.—In addi2 tion to the personnel authorized by subsection (b) 

3 for elements of the Intelligence Community Manage4 ment Account as of September 30, 2012, there are 

5 authorized such additional personnel for the Com6 munity Management Account as of that date as are 

7 specified in the classified Schedule of Authorizations 

8 referred to in section 102(a). 

9 TITLE II—CENTRAL INTEL10 LIGENCE AGENCY RETIRE11 MENT AND DISABILITY SYS12 TEM 

13 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

14 There is authorized to be appropriated for the Cen15 tral Intelligence Agency Retirement and Disability Fund 

16 for fiscal year 2012 the sum of $514,000,000. 

17 TITLE III—GENERAL 

18 PROVISIONS 

19 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 

20 BENEFITS AUTHORIZED BY LAW. 

21 Appropriations authorized by this Act for salary, pay, 

22 retirement, and other benefits for Federal employees may 

23 be increased by such additional or supplemental amounts 

24 as may be necessary for increases in such compensation 

25 or benefits authorized by law. 


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1 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 

2 ACTIVITIES. 

3 The authorization of appropriations by this Act shall 

4 not be deemed to constitute authority for the conduct of 

5 any intelligence activity which is not otherwise authorized 

6 by the Constitution or the laws of the United States. 

7 SEC. 303. ANNUAL REPORT ON HIRING OF NATIONAL SECU8 RITY EDUCATION PROGRAM PARTICIPANTS. 

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

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

11 of the intelligence community shall submit to the congres12 sional intelligence committees a report, which may be in 

13 classified form, containing the number of personnel hired 

14 by such element during such fiscal year that were at any 

15 time a recipient of a grant or scholarship under the David 

16 L. Boren National Security Education Act of 1991 (50 

17 U.S.C. 1901 et seq.). 

18 SEC. 304. ENHANCEMENT OF AUTHORITY FOR FLEXIBLE 

19 PERSONNEL MANAGEMENT AMONG THE ELE20 MENTS OF THE INTELLIGENCE COMMUNITY. 

21 Section 102A of the National Security Act of 1947 

22 (50 U.S.C. 403–1) is amended by adding at the end the 

23 following new subsection: 

24 ‘‘(v) AUTHORITY TO ESTABLISH POSITIONS IN EX25 CEPTED SERVICE.—(1) The Director of National Intel26 ligence, with the concurrence of the head of the covered 


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1 department concerned and in consultation with the Direc2 tor of the Office of Personnel Management, may— 

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

4 the incumbents of such positions, within an element 

5 of the intelligence community in such department, to 

6 excepted service positions as the Director of Na7 tional Intelligence determines necessary to carry out 

8 the intelligence functions of such element; and 

9 ‘‘(B) establish new positions in the excepted 

10 service within an element of the intelligence commu11 nity in such department, if the Director of National 

12 Intelligence determines such positions are necessary 

13 to carry out the intelligence functions of such ele14 ment. 

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

16 of the enactment of the Intelligence Authorization Act for 

17 Fiscal Year 2012 selected to be converted to the excepted 

18 service under this section shall have the right to refuse 

19 such conversion. Once such individual no longer occupies 

20 the position, the position may be converted to the excepted 

21 service. 

22 ‘‘(3) In this subsection, the term ‘covered depart23 ment’ means the Department of Energy, the Department 

24 of Homeland Security, the Department of State, or the 

25 Department of the Treasury.’’. 


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1 SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION AS2 SESSMENT STATEMENTS. 

3 Section 102A of the National Security Act of 1947 

4 (50 U.S.C. 403–1), as amended by section 304 of this Act, 

5 is further amended by adding at the end the following new 

6 subsection: 

7 ‘‘(w) NUCLEAR PROLIFERATION ASSESSMENT

8 STATEMENTS INTELLIGENCE COMMUNITY ADDENDUM.— 

9 The Director of National Intelligence, in consultation with 

10 the heads of the appropriate elements of the intelligence 

11 community and the Secretary of State, shall provide to 

12 the President, the congressional intelligence committees, 

13 the Committee on Foreign Affairs of the House of Rep14 resentatives, and the Committee on Foreign Relations of 

15 the Senate an addendum to each Nuclear Proliferation As16 sessment Statement accompanying a civilian nuclear co17 operation agreement, containing a comprehensive analysis 

18 of the country’s export control system with respect to nu19 clear-related matters, including interactions with other 

20 countries of proliferation concern and the actual or sus21 pected nuclear, dual-use, or missile-related transfers to 

22 such countries.’’. 

23 SEC. 306. COST ESTIMATES. 

24 (a) IN GENERAL.—Section 506A of the National Se25 curity Act of 1947 (50 U.S.C. 415a–1) is amended— 

26 (1) in subsection (a)(2)— 


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

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

3 subparagraph: 

4 ‘‘(B) For major system acquisitions requiring a serv5 ice or capability from another acquisition or program to 

6 deliver the end-to-end functionality for the intelligence 

7 community end users, independent cost estimates shall in8 clude, to the maximum extent practicable, all estimated 

9 costs across all pertinent elements of the intelligence com10 munity. For collection programs, such cost estimates shall 

11 include the cost of new analyst training, new hardware 

12 and software for data exploitation and analysis, and any 

13 unique or additional costs for data processing, storing, and 

14 power, space, and cooling across the life cycle of the pro15 gram. If such costs for processing, exploitation, dissemina16 tion, and storage are scheduled to be executed in other 

17 elements of the intelligence community, the independent 

18 cost estimate shall identify and annotate such costs for 

19 such other elements accordingly.’’; and 

20 (2) in subsection (e)(2)— 

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

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

23 by striking ‘‘associated with the acquisition of a 

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

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1 eration, and sustainment of a major system 

2 across its proposed life cycle,’’; and 

3 (C) by adding at the end the following: 

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

5 each independent cost estimate shall include all costs 

6 required across elements of the intelligence commu7 nity to develop, acquire, procure, operate, and sus8 tain the system to provide the end-to-end intelligence 

9 functionality of the system, including— 

10 ‘‘(i) for collection programs, the cost of 

11 new analyst training, new hardware and soft12 ware for data exploitation and analysis, and any 

13 unique or additional costs for data processing, 

14 storing, and power, space, and cooling across 

15 the life cycle of the program; and 

16 ‘‘(ii) costs for processing, exploitation, dis17 semination, and storage costs are scheduled to 

18 be executed in other elements of the intelligence 

19 community, such element shall identify and an20 notate such costs accordingly.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on the date that is 180 days 

23 after the date of the enactment of this Act. 


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1 SEC. 307. UPDATES OF INTELLIGENCE RELATING TO TER2 RORIST RECIDIVISM OF DETAINEES HELD AT 

3 UNITED STATES NAVAL STATION, GUANTA4 NAMO BAY, CUBA. 

5 (a) UPDATES AND CONSOLIDATION OF LANGUAGE.— 

6 (1) IN GENERAL.—Title V of the National Se7 curity Act of 1947 (50 U.S.C. 413 et seq.) is 

8 amended by inserting after section 506H the fol9 lowing new section: 

10 ‘‘SUMMARY OF INTELLIGENCE RELATING TO TERRORIST

11 RECIDIVISM OF DETAINEES HELD AT UNITED

12 STATES NAVAL STATION, GUANTANAMO BAY, CUBA

13 ‘‘SEC. 506I. (a) IN GENERAL.—The Director of Na14 tional Intelligence, in consultation with the Director of the 

15 Central Intelligence Agency and the Director of the De16 fense Intelligence Agency, shall make publicly available an 

17 unclassified summary of— 

18 ‘‘(1) intelligence relating to recidivism of de19 tainees currently or formerly held at the Naval De20 tention Facility at Guantanamo Bay, Cuba, by the 

21 Department of Defense; and 

22 ‘‘(2) an assessment of the likelihood that such 

23 detainees will engage in terrorism or communicate 

24 with persons in terrorist organizations. 

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

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1 sultation with the Director of the Central Intelligence 

2 Agency and the Secretary of Defense, shall update and 

3 make publicly available an unclassified summary con4 sisting of the information required by subsection (a) and 

5 the number of individuals formerly detained at Naval Sta6 tion, Guantanamo Bay, Cuba, who are confirmed or sus7 pected of returning to terrorist activities after release or 

8 transfer from such Naval Station.’’. 

9 (2) INITIAL UPDATE.—The initial update re10 quired by section 506I(b) of such Act, as added by 

11 paragraph (1) of this subsection, shall be made pub12 licly available not later than 10 days after the date 

13 the first report following the date of the enactment 

14 of the Intelligence Authorization Act for Fiscal Year 

15 2012 is submitted to members and committees of 

16 Congress pursuant to section 319 of the Supple17 mental Appropriations Act, 2009 (Public Law 111– 

18 32; 10 U.S.C. 801 note). 

19 (b) TABLE OF CONTENTS AMENDMENT.—The table 

20 of contents in the first section of the National Security 

21 Act of 1947 is amended by inserting after the item relat22 ing 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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1 SEC. 308. ENHANCED PROCUREMENT AUTHORITY TO MAN2 AGE SUPPLY CHAIN RISK. 

3 (a) DEFINITIONS.—In this section: 

4 (1) COVERED AGENCY.—The term ‘‘covered 

5 agency’’ means any element of the intelligence com6 munity other than an element within the Depart7 ment of Defense. 

8 (2) COVERED ITEM OF SUPPLY.—The term 

9 ‘‘covered item of supply’’ means an item of informa10 tion technology (as that term is defined in section 

11 11101 of title 40, United States Code) that is pur12 chased for inclusion in a covered system, and the 

13 loss of integrity of which could result in a supply 

14 chain risk for 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; or 

19 (B) any contract action involving a con20 tract for a covered system or a covered item of 

21 supply where such contract includes a clause es22 tablishing requirements relating to supply chain 

23 risk. 

24 (4) COVERED PROCUREMENT ACTION.—The 

25 term ‘‘covered procurement action’’ means any of 


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1 the following actions, if the action takes place in the 

2 course of conducting a covered procurement: 

3 (A) The exclusion of a source for the pur4 pose of reducing supply chain risk in the acqui5 sition of covered systems. 

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

7 achieve an acceptable rating with regard to an 

8 evaluation factor providing for the consideration 

9 of supply chain risk in the evaluation of pro10 posals for the award of a contract or the 

11 issuance of a task or delivery order. 

12 (C) The decision to withhold consent for a 

13 contractor to subcontract with a particular 

14 source or to direct a contractor for a covered 

15 system to exclude a particular source from con16 sideration for a subcontract under the contract. 

17 (5) COVERED SYSTEM.— 

18 (A) IN GENERAL.—The term ‘‘covered sys19 tem’’ means any information system (including 

20 any telecommunications system) used or oper21 ated by an agency or by a contractor of an 

22 agency, or other organization on behalf of an 

23 agency— 

24 (i) the function, operation, or use of 

25 which— 


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1 (I) involves intelligence activities; 

2 (II) involves cryptologic activities 

3 related to national security; 

4 (III) involves command and con5 trol of military forces; 

6 (IV) involves equipment that is 

7 an integral part of a weapon or weap8 ons system; or 

9 (V) subject to subparagraph (B), 

10 is critical to the direct fulfillment of 

11 military or intelligence missions; or 

12 (ii) is protected at all times by proce13 dures established for information that have 

14 been specifically authorized under criteria 

15 established by an Executive order or an 

16 Act of Congress to be kept classified in the 

17 interest of national defense or foreign pol18 icy. 

19 (B) EXCEPTION OF ADMINISTRATIVE AND

20 BUSINESS APPLICATIONS.—Subparagraph 

21 (A)(i)(V) does not include a system that is to 

22 be used for routine administrative and business 

23 applications (including payroll, finance, logis24 tics, and personnel management applications). 


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

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

3 sabotage, maliciously introduce unwanted function, 

4 or otherwise subvert the design, integrity, manufac5 turing, production, distribution, installation, oper6 ation, or maintenance of a covered system so as to 

7 surveil, deny, disrupt, or otherwise degrade the func8 tion, use, or operation of such system. 

9 (b) AUTHORITY.—Subject to subsection (c), the head 

10 of a covered agency may, in conducting intelligence and 

11 intelligence-related activities— 

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

13 (2) limit, notwithstanding any other provision 

14 of law, in whole or in part, the disclosure of informa15 tion relating to the basis for carrying out a covered 

16 procurement action. 

17 (c) DETERMINATION AND NOTIFICATION.—The head 

18 of a covered agency may exercise the authority provided 

19 in subsection (b) only after— 

20 (1) any appropriate consultation with procure21 ment or other relevant officials of the covered agen22 cy; 

23 (2) making a determination in writing, which 

24 may be in classified form, that— 


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1 (A) use of the authority in subsection 

2 (b)(1) is necessary to protect national security 

3 by reducing supply chain risk; 

4 (B) less intrusive measures are not reason5 ably available to reduce such supply chain risk; 

6 and 

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

8 agency plans to limit disclosure of information 

9 under subsection (b)(2), the risk to national se10 curity due to the disclosure of such information 

11 outweighs the risk due to not disclosing such 

12 information; 

13 (3) notifying the Director of National Intel14 ligence that there is a significant supply chain risk 

15 to the covered system concerned, unless the head of 

16 the covered agency making the determination is the 

17 Director of National Intelligence; and 

18 (4) providing a notice, which may be in classi19 fied form, of the determination made under para20 graph (2) to the congressional intelligence commit21 tees that includes a summary of the basis for the de22 termination, including a discussion of less intrusive 

23 measures that were considered and why they were 

24 not reasonably available to reduce supply chain risk. 


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

2 may not delegate the authority provided in subsection (b) 

3 or the responsibility to make a determination under sub4 section (c) to an official below the level of the service ac5 quisition executive for the agency concerned. 

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

7 addition to any other authority under any other provision 

8 of law. The authority under this section shall not be con9 strued to alter or effect the exercise of any other provision 

10 of law. 

11 (f) EFFECTIVE DATE.—The requirements of this sec12 tion shall take effect on the date that is 180 days after 

13 the date of the enactment of this Act and shall apply to 

14 contracts that are awarded on or after such date. 

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

16 shall expire on the date that section 806 of the Ike Skelton 

17 National Defense Authorization Act for Fiscal Year 2011 

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

19 SEC. 309. MODIFICATION OF CERTAIN REPORTING RE20 QUIREMENTS. 

21 (a) INTELLIGENCE REFORM AND TERRORISM PRE22 VENTION ACT OF 2004.—Section 1041(b) of the Intel23 ligence Reform and Terrorism Prevention Act of 2004 (50 

24 U.S.C. 403–1b(b)) is amended by striking paragraphs (3) 

25 and (4). 


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1 (b) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

2 YEAR 2003.—Section 904(d)(1) of the Intelligence Au3 thorization Act for Fiscal Year 2003 (50 U.S.C. 

4 402c(d)(1)) is amended by striking ‘‘on an annual basis’’. 

5 (c) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL

6 YEAR 1995.—Section 809 of the Intelligence Authoriza7 tion Act for Fiscal Year 1995 (50 U.S.C. App. 2170b) 

8 is amended— 

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

10 (2) in subsection (c), by striking ‘‘reports re11 ferred to in subsections (a) and (b)’’ and inserting 

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

13 (d) REPORT ON TEMPORARY PERSONNEL AUTHOR14 IZATIONS FOR CRITICAL LANGUAGE TRAINING.—Para15 graph (3)(D) of section 102A(e) of the National Security 

16 Act of 1947 (50 U.S.C. 403–1(e)), as amended by section 

17 306 of the Intelligence Authorization Act for Fiscal Year 

18 2010 (Public Law 111–259; 124 Stat. 2661), is amended 

19 by striking ‘‘The’’ and inserting ‘‘For each of the fiscal 

20 years 2010, 2011, and 2012, the’’. 

21 SEC. 310. COUNTERTERRORISM COMPETITIVE ANALYSIS 

22 COMMISSION. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 


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1 (1) terrorism and domestic radicalization rep2 resent evolving and dynamic threats to the United 

3 States; 

4 (2) biases and group think can prevent intel5 ligence analysts from detecting important changes in 

6 such threats that can prevent the detection and pre7 vention of terrorist attacks; and 

8 (3) competitive and alternative intelligence 

9 analysis are important tools to prevent biases and 

10 group think from resulting in analytical failures and 

11 can help the intelligence community and policy mak12 ers better understand the nature of complex threats 

13 to the United States. 

14 (b) ESTABLISHMENT.—There is established a Com15 mission to be known as the ‘‘Counterterrorism Competi16 tive Analysis Commission’’ (in this section referred to as 

17 the ‘‘Commission’’). 

18 (c) DUTIES.— 

19 (1) STUDY.—The Commission shall conduct a 

20 study on— 

21 (A) how the elements of the intelligence 

22 community use red teams, alternative analysis, 

23 and competitive analysis of foreign intelligence 

24 to address domestic radicalization; 


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1 (B) whether such analysis is timely, objec2 tive, based upon all sources of available foreign 

3 intelligence, and employs the standards of prop4 er analytic tradecraft; and 

5 (C) the feasibility and advisability of estab6 lishing a permanent entity to— 

7 (i) advise the Director on matters of 

8 policy relating to the threats of inter9 national terrorism and domestic 

10 radicalization; 

11 (ii) prepare competitive analyses of 

12 national intelligence estimates prepared by 

13 the intelligence community and submit 

14 such analyses to the Director and the Na15 tional Intelligence Commission; and 

16 (iii) annually submit to Congress a re17 port in unclassified form, which may in18 clude a classified annex, on trends in 

19 counterterrorism and domestic 

20 radicalization, including a summary of any 

21 competitive analyses referred to in clause 

22 (ii). 

23 (2) REPORT.—Not later than one year after the 

24 date of the enactment of this Act, the Commission 

25 shall submit to the congressional intelligence comVerDate Mar 15 2010 21:15 Sep 12, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1892.PCS H1892

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1 mittees a report containing the results of the study 

2 under paragraph (1). 

3 (d) MEMBERS.— 

4 (1) APPOINTMENT.—The Commission shall be 

5 composed of six members selected on the basis of 

6 previous experience with matters of policy relating to 

7 international terrorism, intelligence analysis, and do8 mestic radicalization, of whom— 

9 (A) two members shall be appointed by the 

10 President; 

11 (B) one member shall be appointed by the 

12 Speaker of the House of Representatives; 

13 (C) one member shall be appointed by the 

14 minority leader of the House of Representa15 tives; 

16 (D) one member shall be appointed by the 

17 majority leader of the Senate; and 

18 (E) one member shall be appointed by the 

19 minority leader of the Senate. 

20 (2) QUALIFICATIONS.—An individual may not 

21 be appointed to the Commission under paragraph 

22 (1) if such individual has served as an officer or em23 ployee of the Federal Government within a three24 year period of the date of appointment. 


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1 (3) COMPENSATION.—To the extent provided in 

2 advance in appropriation Acts, each member of the 

3 Commission shall be paid consistent with the skill 

4 and experience of such member at a rate not to ex5 ceed the annual rate of basic pay for level V of the 

6 Executive Schedule under section 5316 of title 5, 

7 United States Code. 

8 (4) ACTIONS OF COMMISSION.—Any member of 

9 the Commission may, if authorized by the Commis10 sion, take any action which the Commission is au11 thorized to take by this section. 

12 (e) STAFF OF COMMISSION.— 

13 (1) COMPENSATION.—To the extent provided in 

14 advance in appropriation Acts, the Commission shall 

15 appoint and fix the compensation of a Director and 

16 such additional staff as may be necessary to enable 

17 the Commission to carry out its duties. 

18 (2) RATE OF PAY.—The Director and staff of 

19 the Commission may be appointed without regard to 

20 the provisions of title 5, United States Code, gov21 erning appointments in the competitive service, and 

22 may be paid without regard to the provisions of 

23 chapter 51 and subchapter III of chapter 53 of that 

24 title relating to classification and General Schedule 

25 pay rates, except that the rate of pay fixed for the 


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1 Director and staff may not exceed the annual rate 

2 of basic pay for level V of the Executive Schedule 

3 under section 5316 of title 5, United States Code. 

4 (3) EXPERTS AND CONSULTANTS.—In accord5 ance with rules adopted by the Commission, and to 

6 the extent provided in advance in appropriation 

7 Acts, the Commission may procure the services of 

8 experts and consultants under section 3109(b) of 

9 title 5, United States Code, but at rates for individ10 uals not to exceed the daily equivalent of the annual 

11 rate of basic pay for level V of the Executive Sched12 ule under section 5316 of title 5, United States 

13 Code. 

14 (f) SECURITY CLEARANCES.—The Director of Na15 tional Intelligence shall ensure that the appropriate execu16 tive departments and agencies cooperate with the Commis17 sion in expeditiously providing to the members and staff 

18 appropriate security clearances in a manner consistent 

19 with existing procedures and requirements. 

20 (g) TERMINATION.—The Commission shall terminate 

21 on the date that is 30 days after the date on which the 

22 Commission submits the report required under subsection 

23 (c)(2), or on the date that is 395 days after the date of 

24 the enactment of this Act, whichever is earlier. 


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1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—Office of the Director 

5 of 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 In18 telligence shall submit to the congressional intelligence 

19 committees a report on the results of the consultation 

20 under subsection (a). Such report shall include— 

21 (1) an assessment of the intelligence community 

22 collection efforts dedicated to covered entities, in23 cluding any collection gaps or inefficiencies; and 

24 (2) an assessment of the ability of the intel25 ligence community to assist Federal land manageVerDate Mar 15 2010 21:15 Sep 12, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H1892.PCS H1892

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1 ment agencies in identifying and protecting public 

2 lands from illegal drug grows and other activities 

3 and threats of covered entities, including through 

4 the sharing of intelligence information. 

5 (c) DEFINITIONS.—In this section: 

6 (1) COVERED ENTITY.—The term ‘‘covered en7 tity’’ means an international drug trafficking organi8 zation or other actor involved in drug trafficking 

9 generally. 

10 (2) FEDERAL LAND MANAGEMENT AGENCY.— 

11 The term ‘‘Federal land management agency’’ in12 cludes— 

13 (A) the Forest Service of the Department 

14 of Agriculture; 

15 (B) the Bureau of Land Management of 

16 the Department of the Interior; 

17 (C) the National Park Service of the De18 partment of the Interior; 

19 (D) the Fish and Wildlife Service of the 

20 Department of the Interior; and 

21 (E) the Bureau of Reclamation of the De22 partment of the Interior. 

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

24 has the meaning given that term in section 103 of 


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1 the Federal Land Policy and Management Act of 

2 1976 (43 U.S.C. 1702). 

3 SEC. 402. APPLICATION OF CERTAIN FINANCIAL REPORT4 ING REQUIREMENTS TO THE OFFICE OF THE 

5 DIRECTOR OF NATIONAL INTELLIGENCE. 

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

7 the requirements of section 3515 of title 31, United States 

8 Code, to submit an audited financial statement shall not 

9 apply to the Office of the Director of National Intelligence 

10 if the Director of National Intelligence determines and no11 tifies Congress that audited financial statements for such 

12 years for such Office cannot be produced on a cost-effec13 tive basis. 

14 SEC. 403. PUBLIC AVAILABILITY OF INFORMATION RE15 GARDING THE INSPECTOR GENERAL OF THE 

16 INTELLIGENCE COMMUNITY. 

17 Section 103H of the National Security Act of 1947 

18 (50 U.S.C. 403–3h) is amended by adding at the end the 

19 following new subsection: 

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

21 of National Intelligence shall establish and maintain on 

22 the homepage of the publicly accessible website of the Of23 fice of the Director of National Intelligence information 

24 relating to the Office of the Inspector General of the IntelVerDate Mar 15 2010 21:15 Sep 12, 2011 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H1892.PCS H1892

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1 ligence Community including methods to contact the In2 spector 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 

11 amended by inserting after the item relating to the Chief 

12 Information Officer, Small Business Administration the 

13 following new 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 sub22 section (f); and 

23 (2) by inserting after subsection (d) the fol24 lowing new subsection: 


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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 ap6 plied— 

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

8 by substituting ‘an element of the intelligence com9 munity, as that term is defined in section 3(4) of the 

10 National Security Act of 1947 (50 U.S.C. 401a(4)),’ 

11 for ‘such Executive agency’; and 

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

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

14 Subtitle B—Central Intelligence 

15 Agency 

16 SEC. 411. BURIAL ALLOWANCE. 

17 (a) IN GENERAL.—Section 11 of the Central Intel18 ligence Agency Act of 1949 (50 U.S.C. 403k) is amend19 ed— 

20 (1) in the heading, by inserting ‘‘AND BURIAL

21 ALLOWANCE’’ after ‘‘GRATUITIES’’; and 

22 (2) by adding at the end the following new sub23 section: 

24 ‘‘(c)(1) At the request of a representative of the es25 tate of any officer or employee of the Agency (as deterVerDate Mar 15 2010 21:15 Sep 12, 2011 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H1892.PCS H1892

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1 mined in accordance with the laws of a State) who dies 

2 in a manner described in subsection (a)(1), the Director 

3 may pay to such estate a burial allowance. 

4 ‘‘(2) A burial allowance paid under paragraph (1) 

5 may be used to cover burial expenses, including recovery, 

6 mortuary, funeral or memorial service, cremation, burial 

7 costs, and costs of transportation by common carrier to 

8 the place selected for final disposition of the deceased. 

9 ‘‘(3) Each payment made under this subsection shall 

10 be— 

11 ‘‘(A) in an amount not greater than $15,000 

12 plus the actual costs of transportation referred to in 

13 paragraph (2); and 

14 ‘‘(B) in addition to any other benefit that may 

15 be due under any other provision of law. 

16 ‘‘(4) The Director may annually increase the amount 

17 in paragraph (3)(A) to reflect any increase in the Con18 sumer Price Index occurring during the preceding year. 

19 ‘‘(5) The Director may pay the burial benefit author20 ized under this subsection more than once for funeral, me21 morial, or burial expenses stemming from a single death 

22 of an officer or employee of the Agency if the remains of 

23 such officer or employee were not recovered, were recov24 ered after considerable delay, or were not recovered in25 tact.’’. 


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1 (b) EFFECTIVE DATE OF AUTHORITY TO INCREASE

2 ALLOWANCE.—Section 11(c)(4) of the Central Intel3 ligence Agency Act of 1949, as added by subsection (a), 

4 shall take effect on the date that is one year after the 

5 date of the enactment of this Act. 

6 SEC. 412. ACCEPTANCE OF GIFTS. 

7 Section 12 of the Central Intelligence Agency Act of 

8 1949 (50 U.S.C. 403l(a)) is amended— 

9 (1) in subsection (a)— 

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

11 (B) by striking the second and third sen12 tences and inserting the following: 

13 ‘‘(2) Any gift accepted under this section (and any 

14 income produced by any such gift)— 

15 ‘‘(A) may be used only for—’’ 

16 ‘‘(i) artistic display; 

17 ‘‘(ii) purposes relating to the general wel18 fare, education, or recreation of employees or 

19 dependents of employees of the Agency or for 

20 similar purposes; or 

21 ‘‘(iii) purposes relating to the welfare, edu22 cation, or recreation of an individual described 

23 in paragraph (3); and 


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1 ‘‘(B) under no circumstances may such a gift 

2 (or any income produced by any such gift) be used 

3 for operational purposes. 

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

5 individual who— 

6 ‘‘(A) is an employee or a former employee of 

7 the Agency who suffered injury or illness while em8 ployed by the Agency that— 

9 ‘‘(i) resulted from hostile or terrorist ac10 tivities; 

11 ‘‘(ii) occurred in connection with an intel12 ligence activity having a significant element of 

13 risk; or 

14 ‘‘(iii) occurred under other circumstances 

15 determined by the Director to be analogous to 

16 the circumstances described in clause (i) or (ii); 

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

18 or former employee; or 

19 ‘‘(C) is a surviving family member of an em20 ployee of the Agency who died in circumstances de21 scribed in clause (i), (ii), or (iii) of subparagraph 

22 (A). 

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

24 section that is expressly conditioned upon any expenditure 

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


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1 by the gift unless such expenditure has been authorized 

2 by law. 

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

4 determine that an individual described in subparagraph 

5 (A) or (B) of paragraph (3) may accept a gift for the pur6 poses described in paragraph (2)(A)(iii).’’; and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(f) The Director, in consultation with the Director 

10 of the Office of Government Ethics, shall issue regulations 

11 to carry out the authority provided in this section. Such 

12 regulations shall ensure that such authority is exercised 

13 consistent with all relevant ethical constraints and prin14 ciples, including— 

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

16 interest or appearance of impropriety; and 

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

18 gift from a foreign government or an agent of a for19 eign government.’’. 

20 SEC. 413. FOREIGN LANGUAGE PROFICIENCY REQUIRE21 MENTS FOR CENTRAL INTELLIGENCE AGEN22 CY OFFICERS. 

23 (a) IN GENERAL.—Section 104A(g) of the National 

24 Security Act of 1947 (50 U.S.C. 403–4a(g)) is amended— 

25 (1) in paragraph (1)— 


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1 (A) in the matter preceding subparagraph 

2 (A)— 

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

4 Intelligence career service or the National 

5 Clandestine Service career service’’ after 

6 ‘‘an individual’’; 

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

8 ‘‘appointed’’; and 

9 (iii) by striking ‘‘individual—’’ and in10 serting ‘‘individual has been certified as 

11 having a professional speaking and reading 

12 proficiency in a foreign language, such pro13 ficiency being at least level 3 on the Inter14 agency Language Roundtable Language 

15 Skills Level or commensurate proficiency 

16 level using such other indicator of pro17 ficiency as the Director of the Central In18 telligence Agency considers appropriate.’’; 

19 (B) by striking subparagraphs (A) and 

20 (B); and 

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

22 category of positions’’ both places that term appears 

23 and inserting ‘‘position, category of positions, or oc24 cupation’’. 


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1 (b) EFFECTIVE DATE.—Section 611(b) of the Intel2 ligence Authorization Act for Fiscal Year 2005 (Public 

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

4 (1) by inserting ‘‘or promotions’’ after ‘‘ap5 pointments’’; and 

6 (2) by striking ‘‘that is one year after the 

7 date’’. 

8 (c) REPORT ON WAIVERS.—Section 611(c)of the In9 telligence Authorization Act for Fiscal Year 2005 (Public 

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

11 (1) in the first sentence— 

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

13 ‘‘individual waivers’’; and 

14 (B) by striking ‘‘Directorate of Oper15 ations’’ and inserting ‘‘National Clandestine 

16 Service’’; and 

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

18 or category of positions’’ and inserting ‘‘position, 

19 category of positions, or occupation’’. 

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

21 days after the date of the enactment of this Act, and on 

22 an annual basis for each of the following 3 years, the Di23 rector of the Central Intelligence Agency shall submit to 

24 the congressional intelligence committees a report on the 


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1 number of Senior Intelligence Service employees of the 

2 Agency who— 

3 (1) were transferred during the reporting period 

4 to a Senior Intelligence Service position in the Direc5 torate of Intelligence career service or the National 

6 Clandestine Service career service; and 

7 (2) did not meet the foreign language require8 ments specified in section 104A(g)(1) of the Na9 tional Security Act of 1947 (50 U.S.C. 403– 

10 4a(g)(1)) at the time of such transfer. 

11 SEC. 414. PUBLIC AVAILABILITY OF INFORMATION RE12 GARDING THE INSPECTOR GENERAL OF THE 

13 CENTRAL INTELLIGENCE AGENCY. 

14 Section 17 of the Central Intelligence Agency Act of 

15 1949 (50 U.S.C. 403q) is amended by adding at the end 

16 the following new subsection: 

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

18 of the Central Intelligence Agency shall establish and 

19 maintain on the homepage of the Agency’s publicly acces20 sible website information relating to the Office of the In21 spector General including methods to contact the Inspec22 tor General. 

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

24 shall be obvious and facilitate accessibility to the informa25 tion related to the Office of the Inspector General.’’. 


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1 SEC. 415. CREATING AN OFFICIAL RECORD OF THE OSAMA 

2 BIN LADEN OPERATION. 

3 (a) FINDINGS.—The Congress finds the following: 

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

5 killed terrorist leader Osama bin Laden during the 

6 course of a targeted strike against his secret com7 pound in Abbottabad, Pakistan. 

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

9 Qaeda terrorist organization, the most significant 

10 terrorism threat to the United States and the inter11 national community. 

12 (3) Osama bin Laden was the architect of ter13 rorist attacks which killed nearly 3,000 civilians on 

14 September 11, 2001, the most deadly terrorist at15 tack against our Nation, in which al Qaeda terror16 ists hijacked four airplanes and crashed them into 

17 the World Trade Center in New York City, the Pen18 tagon in Washington, D.C., and, due to heroic ef19 forts by civilian passengers to disrupt the terrorists, 

20 near Shanksville, Pennsylvania. 

21 (4) Osama bin Laden planned or supported nu22 merous other deadly terrorist attacks against the 

23 United States and its allies, including the 1998 

24 bombings of United States embassies in Kenya and 

25 Tanzania and the 2000 attack on the U.S.S. Cole in 

26 Yemen, and against innocent civilians in countries 


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1 around the world, including the 2004 attack on com2 muter trains in Madrid, Spain and the 2005 bomb3 ings of the mass transit system in London, England. 

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

5 attacks, the United States, under President George 

6 W. Bush, led an international coalition into Afghani7 stan to dismantle al Qaeda, deny them a safe haven 

8 in Afghanistan and ungoverned areas along the Pak9 istani border, and bring Osama bin Laden to justice. 

10 (6) President Barack Obama in 2009 com11 mitted additional forces and resources to efforts in 

12 Afghanistan and Pakistan as ‘‘the central front in 

13 our enduring struggle against terrorism and extre14 mism’’. 

15 (7) The valiant members of the United States 

16 Armed Forces have courageously and vigorously pur17 sued al Qaeda and its affiliates in Afghanistan and 

18 around the world. 

19 (8) The anonymous, unsung heroes of the intel20 ligence community have pursued al Qaeda and affili21 ates in Afghanistan, Pakistan, and around the world 

22 with tremendous dedication, sacrifice, and profes23 sionalism. 

24 (9) The close collaboration between the Armed 

25 Forces and the intelligence community prompted the 


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1 Director of National Intelligence, General James 

2 Clapper, to state, ‘‘Never have I seen a more re3 markable example of focused integration, seamless 

4 collaboration, and sheer professional magnificence as 

5 was demonstrated by the Intelligence Community in 

6 the ultimate demise of Osama bin Laden.’’. 

7 (10) While the death of Osama bin Laden rep8 resents a significant blow to the al Qaeda organiza9 tion and its affiliates and to terrorist organizations 

10 around the world, terrorism remains a critical threat 

11 to United States national security. 

12 (11) President Obama said, ‘‘For over two dec13 ades, bin Laden has been al Qaeda’s leader and 

14 symbol, and has continued to plot attacks against 

15 our country and our friends and allies. The death of 

16 bin Laden marks the most significant achievement 

17 to date in our Nation’s effort to defeat al Qaeda.’’. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the raid that killed Osama bin Laden dem21 onstrated the best of the intelligence communities 

22 capabilities and teamwork; 

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

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

25 United States; 


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1 (3) it is vitally important that the United 

2 States memorialize all the events that led to the raid 

3 so that future generations will have an official 

4 record of the events that transpired before, during, 

5 and as a result of the operation; and 

6 (4) preserving this history now will allow the 

7 United States to have an accurate account of the 

8 events while those that participated in the events are 

9 still serving in the Government. 

10 (c) REPORT ON THE OPERATION THAT KILLED

11 OSAMA BIN LADEN.—Not later than one year after the 

12 date of the enactment of this Act, the Director of the Cen13 tral Intelligence Agency, in consultation with other agen14 cies and entities involved in the operation that killed 

15 Osama bin Laden, shall submit to the congressional intel16 ligence committees a classified report that memorializes 

17 such operation including a description of the events lead18 ing up to the discovery of the location of Osama bin 

19 Laden, the planning and execution of the raid, and the 

20 results of the intelligence gained from the raid. 

21 (d) PRESERVATION OF RECORDS.—The Director of 

22 the Central Intelligence Agency shall preserve any records, 

23 including intelligence information and assessments, used 

24 to generate the report described in subsection (c). 


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1 SEC. 416. RECRUITMENT OF PERSONNEL IN THE OFFICE OF 

2 THE INSPECTOR GENERAL. 

3 (a) STUDY.—The Director of the Central Intelligence 

4 Agency, in consultation with the Inspector General of the 

5 Central Intelligence Agency, shall carry out a study of the 

6 personnel issues of the Office of the Inspector General. 

7 Such study shall include— 

8 (1) identification of any barriers or disincen9 tives to the recruitment or retention of experienced 

10 investigators within the Office of the Inspector Gen11 eral; and 

12 (2) a comparison of the personnel authorities of 

13 the Inspector General with personnel authorities of 

14 Inspectors General of other agencies and depart15 ments of the United States, including a comparison 

16 of the benefits available to experienced investigators 

17 within the Office of the Inspector General of the 

18 Central Intelligence Agency with similar benefits 

19 available within the offices of Inspectors General of 

20 such other agencies or departments. 

21 (b) RECOMMENDATIONS.—Not later than 90 days 

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

23 of the Central Intelligence Agency shall submit to the con24 gressional intelligence committees— 


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1 (1) any recommendations of the Director for 

2 legislative action based on the results of the study 

3 conducted under subsection (a); and 

4 (2) a description of any administrative actions 

5 taken by the Director based on such results. 

6 Subtitle C—National Security 

7 Agency 

8 SEC. 421. ADDITIONAL AUTHORITIES FOR NATIONAL SECU9 RITY AGENCY SECURITY PERSONNEL. 

10 (a) AUTHORITY TO TRANSPORT APPREHENDED

11 PERSONS.—Paragraph (5) of section 11(a) of the Na12 tional Security Agency Act of 1959 (50 U.S.C. 402 note) 

13 is amended to read as follows: 

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

15 under paragraph (1) may transport an individual appre16 hended under the authority of this section from the prem17 ises at which the individual was apprehended, as described 

18 in subparagraph (A) or (B) of paragraph (1), for the pur19 pose of transferring such individual to the custody of law 

20 enforcement officials. Such transportation may be pro21 vided only to make a transfer of custody at a location with22 in 30 miles of the premises described in subparagraphs 

23 (A) and (B) of paragraph (1).’’. 

24 (b) CONFORMING AMENDMENT RELATING TO TORT

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1 tional Security Agency Act of 1959 (50 U.S.C. 402 note) 

2 is amended— 

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

4 the end; 

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

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

7 (3) by adding at the end the following new sub8 paragraph: 

9 ‘‘(D) transport an individual pursuant to sub10 section (a)(2).’’. 

11 Subtitle D—Other Elements 

12 SEC. 431. CODIFICATION OF OFFICE OF INTELLIGENCE 

13 AND ANALYSIS OF THE DEPARTMENT OF 

14 HOMELAND SECURITY AS ELEMENT OF THE 

15 INTELLIGENCE COMMUNITY. 

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

17 (50 U.S.C. 401a(4)(K)) is amended to read as follows: 

18 ‘‘(K) The Office of Intelligence and Anal19 ysis of the Department of Homeland Security.’’. 

20 SEC. 432. FEDERAL BUREAU OF INVESTIGATION PARTICI21 PATION IN THE DEPARTMENT OF JUSTICE 

22 LEAVE BANK. 

23 Subsection (b) of section 6372 of title 5, United 

24 States Code, is amended to read as follows: 


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1 ‘‘(b)(1) Except as provided in paragraph (2) and not2 withstanding any other provision of this subchapter, nei3 ther an excepted agency nor any individual employed in 

4 or under an excepted agency may be included in a leave 

5 bank program established under any of the preceding pro6 visions of this subchapter. 

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

8 Director of the Federal Bureau of Investigation may au9 thorize an individual employed by the Bureau to partici10 pate in a leave bank program administered by the Depart11 ment of Justice under this subchapter if in the Director’s 

12 judgment such participation will not adversely affect the 

13 protection of intelligence sources and methods.’’. 

14 SEC. 433. ACCOUNTS AND TRANSFER AUTHORITY FOR AP15 PROPRIATIONS AND OTHER AMOUNTS FOR 

16 INTELLIGENCE ELEMENTS OF THE DEPART17 MENT OF DEFENSE. 

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

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

20 following new section: 

21 ‘‘§ 429. Appropriations for Defense intelligence ele22 ments: accounts for transfers; transfer 

23 authority 

24 ‘‘(a) ACCOUNTS FOR APPROPRIATIONS FOR DEFENSE

25 INTELLIGENCE ELEMENTS.—The Secretary of Defense 


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1 may transfer appropriations of the Department of Defense 

2 which are available for the activities of Defense intel3 ligence elements to an account or accounts established for 

4 receipt of such transfers. Each such account may also re5 ceive transfers from the Director of National Intelligence 

6 if made pursuant to Section 102A of the National Security 

7 Act of 1947 (50 U.S.C. 403-1), and transfers and reim8 bursements arising from transactions, as authorized by 

9 law, between a Defense intelligence element and another 

10 entity. Appropriation balances in each such account may 

11 be transferred back to the account or accounts from which 

12 such appropriations originated as appropriation refunds. 

13 ‘‘(b) RECORDATION OF TRANSFERS.—Transfers 

14 made pursuant to subsection (a) shall be recorded as ex15 penditure transfers. 

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

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

18 same time period and for the same purpose as the appro19 priation from which transferred, and shall remain subject 

20 to the same limitations provided in the act making the 

21 appropriation. 

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

23 Unless otherwise specifically authorized by law, funds 

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1 gated and expended in accordance with chapter 15 of title 

2 31 and all other applicable provisions of law. 

3 ‘‘(e) DEFENSE INTELLIGENCE ELEMENT DE4 FINED.—In this section, the term ‘Defense intelligence 

5 element’ means any of the Department of Defense agen6 cies, offices, and elements included within the definition 

7 of ‘intelligence community’ under section 3(4) of the Na8 tional Security Act of 1947 (50 U.S.C. 401a(4)).’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of subchapter I of such chapter is amend11 ed by adding at the end the following new item: 

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

transfer authority.’’. 

12 SEC. 434. REPORT ON TRAINING STANDARDS OF DEFENSE 

13 INTELLIGENCE WORKFORCE. 

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

15 of the enactment of this Act, the Director of National In16 telligence and the Under Secretary of Defense for Intel17 ligence shall submit to the Permanent Select Committee 

18 on Intelligence and the Committee on Armed Services of 

19 the House of Representatives and the Select Committee 

20 on Intelligence and the Committee on Armed Services of 

21 the Senate a report on the training standards of the de22 fense intelligence workforce. Such report shall include— 


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

2 and professional development standards applied to 

3 personnel of defense intelligence components; and 

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

5 certification program for personnel of the defense in6 telligence components based on achievement of re7 quired training, education, and professional develop8 ment standards. 

9 (b) DEFINITIONS.—In this section: 

10 (1) DEFENSE INTELLIGENCE COMPONENTS.— 

11 The term ‘‘defense intelligence components’’ 

12 means— 

13 (A) the National Security Agency; 

14 (B) the Defense Intelligence Agency; 

15 (C) the National Geospatial-Intelligence 

16 Agency; 

17 (D) the National Reconnaissance Office; 

18 (E) the intelligence elements of the Army, 

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

20 and 

21 (F) other offices within the Department of 

22 Defense for the collection of specialized national 

23 intelligence through reconnaissance programs. 


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1 (2) DEFENSE INTELLIGENCE WORKFORCE.— 

2 The term ‘‘defense intelligence workforce’’ means 

3 the personnel of the defense intelligence components. 

4 TITLE V—OTHER MATTERS 

5 SEC. 501. REPORT ON AIRSPACE RESTRICTIONS FOR USE 

6 OF UNMANNED AERIAL VEHICLES ALONG 

7 THE BORDER OF THE UNITED STATES AND 

8 MEXICO. 

9 Not later than 90 days after the date of the enact10 ment of this Act, the Secretary of Homeland Security shall 

11 submit to the congressional intelligence committees, the 

12 Committee on Homeland Security of the House of Rep13 resentatives, and the Committee on Homeland Security 

14 and Governmental Affairs of the Senate a report on 

15 whether restrictions on the use of airspace are hampering 

16 the use of unmanned aerial vehicles by the Department 

17 of Homeland Security along the international border be18 tween the United States and Mexico. 

19 SEC. 502. SENSE OF CONGRESS REGARDING INTEGRATION 

20 OF FUSION CENTERS. 

21 It is the sense of Congress that ten years after the 

22 terrorist attacks upon the United States on September 11, 

23 2001, the Secretary of Homeland Security, in consultation 

24 with the Director of National Intelligence, should continue 

25 to integrate and leverage fusion centers to enlist all of the 


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1 intelligence, law enforcement, and homeland security capa2 bilities of the United States in a manner that is consistent 

3 with the Constitution to prevent acts of terrorism against 

4 the United States. 

5 SEC. 503. STRATEGY TO COUNTER IMPROVISED EXPLOSIVE 

6 DEVICES. 

7 (a) STRATEGY.— 

8 (1) ESTABLISHMENT.—The Director of Na9 tional Intelligence and the Secretary of Defense shall 

10 establish a coordinated strategy utilizing all available 

11 personnel and assets for intelligence collection and 

12 analysis to identify and counter network activity and 

13 operations in Pakistan and Afghanistan relating to 

14 the development and use of improvised explosive de15 vices. 

16 (2) CONTENTS.—The strategy established 

17 under paragraph (1) shall identify— 

18 (A) the networks that design improvised 

19 explosive devices, provide training on impro20 vised explosive device assembly and employ21 ment, and smuggle improvised explosive device 

22 components into Afghanistan; 

23 (B) the persons and organizations not di24 rectly affiliated with insurgents in Afghanistan 

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1 mercial products and material used in impro2 vised explosive device construction from fac3 tories and vendors in Pakistan into Afghani4 stan; 

5 (C) the financiers, financial networks, in6 stitutions, and funding streams that provide re7 sources to the insurgency in Afghanistan; and 

8 (D) the links to military, intelligence serv9 ices, and government officials who are complicit 

10 in allowing the insurgent networks in Afghani11 stan to operate. 

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

13 120 days after the date of the enactment of this Act, the 

14 Director of National Intelligence and the Secretary of De15 fense shall— 

16 (1) submit to the congressional intelligence 

17 committees and the Committees on Armed Services 

18 of the House of Representatives and the Senate a 

19 report containing the strategy established under sub20 section (a); and 

21 (2) implement such strategy. 

22 SEC. 504. SENSE OF CONGRESS REGARDING THE PRIORITY 

23 OF RAILWAY TRANSPORTATION SECURITY. 

24 It is the sense of Congress that— 


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1 (1) the nation’s railway transportation (includ2 ing subway transit) network is broad and technically 

3 complex, requiring robust communication between 

4 private sector stakeholders and the intelligence com5 munity to identify, monitor, and respond to threats; 

6 (2) the Department of Homeland Security Of7 fice of Intelligence and Analysis maintains a con8 structive relationship with other Federal agencies, 

9 state and local governments, and private entities to 

10 safeguard our railways; and 

11 (3) railway transportation security (including 

12 subway transit security) should continue to be 

13 prioritized in the critical infrastructure threat as14 sessment developed by the Office of Intelligence and 

15 Analysis and included in threat assessment budgets 

16 of the intelligence community. 

17 SEC. 505. TECHNICAL AMENDMENTS TO THE NATIONAL SE18 CURITY ACT OF 1947. 

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

20 et seq.) is amended— 

21 (1) in section 3(6) (50 U.S.C. 401a(6)), by 

22 striking ‘‘Director of Central Intelligence’’ and in23 serting ‘‘Director of National Intelligence’’; 


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

2 striking ‘‘Director of Central Intelligence.’’ and in3 serting ‘‘Director of National Intelligence.’’; and 

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

5 1(c)(2)(C), by striking ‘‘National Foreign Intel6 ligence Program’’ both places that term appears and 

7 inserting ‘‘National Intelligence Program’’. 

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

9 STATES CODE. 

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

11 amended— 

12 (1) by inserting ‘‘the Director (or a person 

13 nominated to be Director during the pendency of 

14 such nomination) or Principal Deputy Director of 

15 National Intelligence,’’ after ‘‘in such department,’’; 

16 and 

17 (2) by striking ‘‘Central Intelligence,’’ and in18 serting ‘‘the Central Intelligence Agency,’’. 

Passed the House of Representatives September 9, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 161 

112TH CONGRESS 

1ST SESSION H. R. 1892 

AN ACT 

To authorize appropriations for fiscal year 2012 for 

tem, and for other purposes. ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Community intelligence and intelligence-related activities of 

SEPTEMBER 12, 2011 

Received; read twice and placed on the calendar 


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