[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 754 Enrolled Bill (ENR)]
H.R.754
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
To authorize appropriations for fiscal year 2011 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Non-reimbursable detail of other personnel.
Sec. 304. Intelligence officer training program.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Schedule and requirements for the National Counterintelligence
Strategy.
Sec. 402. Insider threat detection program.
Sec. 403. Inspector General report recruitment and retention of racial
and ethnic minorities.
Sec. 404. Report on potential consolidation of elements of the
intelligence community.
Subtitle B--Other Elements
Sec. 411. Defense Intelligence Agency counterintelligence and
expenditures.
TITLE V--OTHER MATTERS
Sec. 501. Sense of Congress regarding the priority of railway
transportation security.
TITLE VI--HONORING THE MEMBERS OF THE INTELLIGENCE COMMUNITY FOR THEIR
ROLE IN THE MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1, 2011
Sec. 601. Honoring the members of the intelligence community for their
role in the mission that killed Osama bin Laden on May 1,
2011.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2011
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence
Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and the authorized
personnel levels (expressed as full-time equivalent positions) as of
September 30, 2011, for the conduct of the intelligence activities of
the elements listed in paragraphs (1) through (16) of section 101, are
those specified in the classified Schedule of Authorizations prepared
to accompany the bill H.R. 754 of the One Hundred Twelfth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
classified Schedule of Authorizations referred to in subsection (a)
shall be made available to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of
the Schedule, within the executive branch.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2011 the sum of
$660,732,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2012.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 787 full-time equivalent personnel as of
September 30, 2011. Personnel serving in such elements may be permanent
employees of the Office of the Director of National Intelligence or
personnel detailed from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Community Management Account for fiscal year
2011 such additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a). Such
additional amounts made available for advanced research and
development shall remain available until September 30, 2012.
(2) Authorization of personnel.--In addition to the personnel
authorized by subsection (b) for elements of the Intelligence
Community Management Account as of September 30, 2011, there are
authorized such full-time equivalent personnel for the Community
Management Account as of that date as are specified in the
classified Schedule of Authorizations referred to in section
102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2011 the sum of
$292,000,000.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED
BY LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 303. NON-REIMBURSABLE DETAIL OF OTHER PERSONNEL.
(a) In General.--Section 113A of the National Security Act of 1947
(50 U.S.C. 404h-1) is amended to read as follows:
``non-reimbursable detail of other personnel
``Sec. 113A. An officer or employee of the United States or member
of the Armed Forces may be detailed to the staff of an element of the
intelligence community funded through the National Intelligence Program
from another element of the intelligence community or from another
element of the United States Government on a non-reimbursable basis, as
jointly agreed to by the heads of the receiving and detailing elements,
for a period not to exceed two years. This section does not limit any
other source of authority for reimbursable or non-reimbursable
details.''.
(b) Table of Contents Amendment.--The table of contents in the
first section of such Act is amended by striking the item relating to
section 113A and inserting the following:
``Sec. 113A. Non-reimbursable detail of other personnel.''.
SEC. 304. INTELLIGENCE OFFICER TRAINING PROGRAM.
Section 1024 of the National Security Act of 1947 (50 U.S.C. 441p)
is amended--
(1) in subsection (a)(1), by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)'';
(2) by redesignating subsections (c) through (f) as subsections
(d) through (g), respectively;
(3) by inserting after subsection (b), the following:
``(c) Grant Program for Historically Black Colleges and
Universities.--(1) The Director may provide grants to historically
black colleges and universities to provide programs of study in
educational disciplines identified under subsection (a)(2) or described
in paragraph (2).
``(2) A grant provided under paragraph (1) may be used to provide
programs of study in the following educational disciplines:
``(A) Intermediate and advanced foreign languages deemed in the
immediate interest of the intelligence community, including Farsi,
Pashto, Middle Eastern, African, and South Asian dialects.
``(B) Study abroad programs and cultural immersion programs.'';
and
(4) in paragraph (g) (as so redesignated)--
(A) by redesignating paragraph (2) as paragraph (3);
(B) by inserting after paragraph (1), the following:
``(2) Historically black college and university.--The term
`historically black college and university' has the meaning given
the term `part B institution' in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).''; and
(C) by adding at the end the following:
``(4) Study abroad program.--The term `study abroad program'
means a program of study that--
``(A) takes places outside the geographical boundaries of
the United States;
``(B) focuses on areas of the world that are critical to
the national security interests of the United States and are
generally underrepresented in study abroad programs at
institutions of higher education, including Africa, Asia,
Central and Eastern Europe, Eurasia, Latin America, and the
Middle East; and
``(C) is a credit or noncredit program.''.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. SCHEDULE AND REQUIREMENTS FOR THE NATIONAL
COUNTERINTELLIGENCE STRATEGY.
Section 904(d)(2) of the Counterintelligence Enhancement Act of
2002 (50 U.S.C. 402c(d)(2)) is amended--
(1) by striking ``Subject'' and inserting the following:
``(A) Requirement to produce.--Subject'';
(2) by striking ``on an annual basis''; and
(3) by adding at the end the following:
``(B) Revision and requirement.--The National
Counterintelligence Strategy shall be revised or updated at
least once every three years and shall be aligned with the
strategy and policies of the Director of National
Intelligence.''.
SEC. 402. INSIDER THREAT DETECTION PROGRAM.
(a) Initial Operating Capability.--Not later than October 1, 2012,
the Director of National Intelligence shall establish an initial
operating capability for an effective automated insider threat
detection program for the information resources in each element of the
intelligence community in order to detect unauthorized access to, or
use or transmission of, classified intelligence.
(b) Full Operating Capability.--Not later than October 1, 2013, the
Director of National Intelligence shall ensure the program described in
subsection (a) has reached full operating capability.
(c) Report.--Not later than December 1, 2011, the Director of
National Intelligence shall submit to the congressional intelligence
committees a report on the resources required to implement the insider
threat detection program referred to in subsection (a) and any other
issues related to such implementation the Director considers
appropriate to include in the report.
(d) Information Resources Defined.--In this section, the term
``information resources'' means networks, systems, workstations,
servers, routers, applications, databases, websites, online
collaboration environments, and any other information resources in an
element of the intelligence community designated by the Director of
National Intelligence.
SEC. 403. INSPECTOR GENERAL REPORT RECRUITMENT AND RETENTION OF
RACIAL AND ETHNIC MINORITIES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to Congress a report on the degree to which
racial and ethnic minorities in the United States are employed in
professional positions in the intelligence community and barriers to
the recruitment and retention of additional racial and ethnic
minorities in such positions.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 404. REPORT ON POTENTIAL CONSOLIDATION OF ELEMENTS OF THE
INTELLIGENCE COMMUNITY.
Not later than December 31, 2011, the Director of National
Intelligence shall submit to congress a report containing any
recommendations the Director considers appropriate for consolidating
elements of the intelligence community.
Subtitle B--Other Elements
SEC. 411. DEFENSE INTELLIGENCE AGENCY COUNTERINTELLIGENCE AND
EXPENDITURES.
Section 105 of the National Security Act of 1947 (50 U.S.C. 403-5)
is amended--
(1) in subsection (b)(5), by inserting ``and
counterintelligence'' after ``human intelligence'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Expenditure of Funds by the Defense Intelligence Agency.--(1)
Subject to paragraphs (2) and (3), the Director of the Defense
Intelligence Agency may expend amounts made available to the Director
under the National Intelligence Program for human intelligence and
counterintelligence activities for objects of a confidential,
extraordinary, or emergency nature, without regard to the provisions of
law or regulation relating to the expenditure of Government funds.
``(2) The Director of the Defense Intelligence Agency may not
expend more than five percent of the amounts made available to the
Director under the National Intelligence Program for human intelligence
and counterintelligence activities for a fiscal year for objects of a
confidential, extraordinary, or emergency nature in accordance with
paragraph (1) during such fiscal year unless--
``(A) the Director notifies the congressional intelligence
committees of the intent to expend the amounts; and
``(B) 30 days have elapsed from the date on which the Director
notifies the congressional intelligence committees in accordance
with subparagraph (A).
``(3) For each expenditure referred to in paragraph (1), the
Director shall certify that such expenditure was made for an object of
a confidential, extraordinary, or emergency nature.
``(4) Not later than December 31 of each year, the Director of the
Defense Intelligence Agency shall submit to the congressional
intelligence committees a report on any expenditures made during the
preceding fiscal year in accordance with paragraph (1).''.
TITLE V--OTHER MATTERS
SEC. 501. SENSE OF CONGRESS REGARDING THE PRIORITY OF RAILWAY
TRANSPORTATION SECURITY.
It is the sense of Congress that--
(1) railway transportation (including subway transit) should be
prioritized in the development of transportation security plans by
the intelligence community; and
(2) railway transportation security (including subway transit
security) should be included in transportation security budgets of
the intelligence community.
TITLE VI--HONORING THE MEMBERS OF THE INTELLIGENCE COMMUNITY FOR THEIR
ROLE IN THE MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1, 2011
SEC. 601. HONORING THE MEMBERS OF THE INTELLIGENCE COMMUNITY FOR
THEIR ROLE IN THE MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1,
2011.
Congress--
(1) commends the men and women of the intelligence community
for the tremendous commitment, perseverance, professionalism, and
sacrifice they displayed in bringing Osama bin Laden to justice;
(2) commends the men and women of the intelligence community
for committing themselves to defeating, disrupting, and dismantling
al Qaeda; and
(3) reaffirms its commitment to using the capabilities and
skills of the intelligence community to--
(A) disrupt, dismantle, and defeat al Qaeda and affiliated
organizations around the world that threaten the national
security of the United States;
(B) eliminate safe havens for terrorists in Afghanistan and
Pakistan; and
(C) bring terrorists to justice.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.