[112th Congress Public Law 18]
[From the U.S. Government Printing Office]



[[Page 125 STAT. 223]]

Public Law 112-18
112th Congress

                                 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. <<NOTE: June 
                        8, 2011 -  [H.R. 754]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Intelligence Authorization 
Act for Fiscal Year 2011.>> 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.

[[Page 125 STAT. 224]]

                         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. <<NOTE: 50 USC 403-1 note.>> 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

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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. <<NOTE: 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.

[[Page 125 STAT. 226]]

            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. <<NOTE: Time period.>> 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.

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            ``(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) <<NOTE: Definition.>>  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 <<NOTE: Definition.>> 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. <<NOTE: Deadlines. 50 USC 403-1 note.>> 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.

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    (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--

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            ``(A) <<NOTE: Notification.>> the Director notifies the 
        congressional intelligence committees of the intent to expend 
        the amounts; and
            ``(B) <<NOTE: Time period.>> 30 days have elapsed from the 
        date on which the Director notifies the congressional 
        intelligence committees in accordance with subparagraph (A).

    ``(3) <<NOTE: Certification.>> 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) <<NOTE: Deadline. Reports.>> 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;

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                    (B) eliminate safe havens for terrorists in 
                Afghanistan and Pakistan; and
                    (C) bring terrorists to justice.

    Approved June 8, 2011.

LEGISLATIVE HISTORY--H.R. 754 (S. 719):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-72 (Permanent Select Comm. on Intelligence).
SENATE REPORTS: No. 112-
12 (Select Comm. on Intelligence) accompanying S. 719.
CONGRESSIONAL RECORD, Vol. 157 (2011):
            May 12, 13, considered and passed House.
            May 26, considered and passed Senate.

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