H.R. 754House112th Congress (2011-2013)Enacted

Intelligence Authorization Act for Fiscal Year 2011

Introduced February 17, 2011

Legislative Activity

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49 earlier actions
Became Law Latest Action

Became Public Law No: 112-18.

June 8, 2011

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HouseIntro Referral

Introduced in House

February 17, 2011

HouseIntro Referral

Referred to the House Committee on Intelligence (Permanent Select).

February 17, 2011

HouseCommittee

Committee Consideration and Mark-up Session Held.

March 10, 2011

HouseCommittee

Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 7 - 6.

March 10, 2011

HouseCommittee

Reported (Amended) by the Committee on Intelligence. H. Rept. 112-72.

May 3, 2011

HouseCalendars

Placed on the Union Calendar, Calendar No. 38.

May 3, 2011

HouseFloor

Rules Committee Resolution H. Res. 264 Reported to House. Rule provides for consideration of H.R. 754 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the committee amendment in the nature of a substitute. The amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill shall be considered as an original bill for the purpose of amendment under the five-minute rule.

May 11, 2011 • 4:32 PM

HouseFloor

Rule H. Res. 264 passed House.

May 12, 2011 • 2:38 PM

HouseFloor

Considered under the provisions of rule H. Res. 264. (consideration: CR H3244-3257)

May 12, 2011 • 2:41 PM

HouseFloor

Rule provides for consideration of H.R. 754 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. The resolution waives all points of order against the committee amendment in the nature of a substitute. The amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill shall be considered as an original bill for the purpose of amendment under the five-minute rule.

May 12, 2011 • 2:41 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 264 and Rule XVIII.

May 12, 2011 • 2:42 PM

HouseFloor

The Speaker designated the Honorable Kevin Yoder to act as Chairman of the Committee.

May 12, 2011 • 2:42 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 754.

May 12, 2011 • 2:42 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 264, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers (MI) amendment no. 1.

May 12, 2011 • 3:31 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Rogers (MI) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Ruppersberger demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

May 12, 2011 • 3:34 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 264, the Committee of the Whole proceeded with 10 minutes of debate on the Barrow amendment no. 2.

May 12, 2011 • 3:35 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 264, the Committee of the Whole proceeded with 10 minutes of debate on the Dent amendment no. 3.

May 12, 2011 • 3:38 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 264, the Committee of the Whole proceeded with 10 minutes of debate on the Gibson amendment no. 5.

May 12, 2011 • 3:44 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Gibson amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Ruppersberger demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

May 12, 2011 • 3:49 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 264, the Committee of the Whole proceeded with 10 minutes of debate on the Ruppersberger amendment no. 6.

May 12, 2011 • 3:52 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 264, the Committee of the Whole proceeded with 10 minutes of debate on the Hinchey amendment no. 7.

May 12, 2011 • 3:58 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Hinchey amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hinchey demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

May 12, 2011 • 4:08 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 264, the Committee of the Whole proceeded with 10 minutes of debate on the Carney amendment No. 8.

May 12, 2011 • 4:09 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Carney amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Carney demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until a time to be announced.

May 12, 2011 • 4:19 PM

HouseFloor

Mr. Rogers (MI) moved that the Committee rise.

May 12, 2011 • 4:19 PM

HouseFloor

On motion that the Committee rise Agreed to by voice vote.

May 12, 2011 • 4:20 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 754 as unfinished business.

May 12, 2011 • 4:20 PM

HouseFloor

Considered as unfinished business. (consideration: CR H3285-3290, H3291-3294)

May 13, 2011 • 9:14 AM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

May 13, 2011 • 9:14 AM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 264, the Committee of the Whole proceeded with 30 minutes of debate on the Reed amendment No. 9.

May 13, 2011 • 9:15 AM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Reed amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Reed demanded a recorded vote and the Chair postponed further proceedings on the question of adoption until later in the legislative day.

May 13, 2011 • 9:30 AM

HouseFloor

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

May 13, 2011 • 9:31 AM

HouseFloor

MOMENT OF SILENCE - The House observed a moment of silence for the police officers who serve and protect us each day.

May 13, 2011 • 10:27 AM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 754.

May 13, 2011 • 10:37 AM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR 5/12/2011 H3250-3251)

May 13, 2011 • 10:38 AM

HouseFloor

Mr. Nadler moved to recommit with instructions to Intelligence (Permanent). (consideration: CR H3291-3293; text: CR H3291-3292)

May 13, 2011 • 10:39 AM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Nadler motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back the House with an amendment commending Presidents Barack Obama, George W. Bush and Bill Clinton and the United States intelligence community for their successful operation in bringing Osama bin Laden to justice. It also seeks to require the head of each element of the intelligence community to place the highest priority on funding activities that will contribute to the continued disruption, dismantlement and defeat of remaining al Qaeda terrorists and affiliated organizations that threaten the national security of the United States.

May 13, 2011 • 10:40 AM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3293)

May 13, 2011 • 10:49 AM

HouseFloor

On motion to recommit with instructions Failed by recorded vote: 182 - 228, 1 Present (Roll no. 328).

May 13, 2011 • 11:06 AM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 392 - 15 (Roll no. 329).

May 13, 2011 • 11:13 AM

HouseFloor

On passage Passed by recorded vote: 392 - 15 (Roll no. 329).

May 13, 2011 • 11:13 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 13, 2011 • 11:13 AM

HouseFloor

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 754.

May 13, 2011 • 11:13 AM

SenateIntro Referral

Received in the Senate.

May 16, 2011

SenateCalendars

Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 56.

May 18, 2011

SenateFloor

Passed Senate without amendment by Voice Vote. (consideration: CR S3458)

May 26, 2011

SenateFloor

Message on Senate action sent to the House.

May 27, 2011

President

Presented to President.

June 1, 2011

Became Law

Signed by President.

June 8, 2011

Became Law

Became Public Law No: 112-18.

June 8, 2011

Floor Debate

21 members

What members said about H.R. 754 on the floor

11 Republicans10 Democrats
Peter Welch
Rep. Peter WelchD-VT · May 13, 2011

Mr. Chair, today I want to highlight a critical issue facing the Intelligence Community: increasing reliance on contractors. A 2010 Washington Post story reported that 30 percent of the workforce in…

Mike Rogers
Rep. Mike RogersR-MI-8 · May 12, 2011

Mr. Chairman, I yield myself such time as I may consume. All time yielded is for the purposes of debate only. Mr. Chairman, I wish to announce that subsequent to reporting the bill, the committee has…

Pete Sessions
Rep. Pete SessionsR-TX-32 · May 12, 2011

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 264 and ask for its immediate consideration. For the purpose of debate only, I yield the customary 30 minutes to my…

C. A. Dutch Ruppersberger
Rep. C. A. Dutch RuppersbergerD-MD-2 · May 12, 2011

Mr. Chair, I yield myself such time as I may consume. First, I rise in support of H.R. 754, the Intelligence Authorization Act for FY 2011. The men and women in the military and intelligence…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · May 12, 2011

I thank my friend from Texas for yielding the time. Mr. Speaker, H.R. 754, the Intelligence Authorization Act for Fiscal Year 2011, authorizes appropriations for fiscal year 2011 for U.S.…

Show 8 more
Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · Oct 26, 2011

I yield myself such time as I may consume. Mr. Speaker, I thank my friend for yielding the time, and I rise today in opposition to the combined rule for H.R. 674 and H.R. 2576. The underlying bill,…

Mike Rogers
Rep. Mike RogersR-MI-8 · May 13, 2011

Thank you very much. And I congratulate Mr. Reed on the amendment. I think it is wholly appropriate that we commend all of the intelligence services and our elite Special Forces who participated in…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · May 13, 2011

Mr. Chairman, I rise in support of the Grimm-Reed amendment to commend our intelligence community for their role in eliminating Osama bin Laden. Mr. Chairman, the killing of Osama bin Laden is the…

Tim Scott
Rep. Tim ScottR-SC-1 · Oct 26, 2011

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 448 and ask for its immediate consideration. For the purpose of debate only, I yield the customary 30 minutes to the…

Diane Black
Rep. Diane BlackR-TN-6 · Oct 26, 2011

I thank my colleague from South Carolina for yielding. I'd like to begin by stating that this legislation, H.R. 2576, is about fairness. When the news broke this summer that the Affordable Care Act…

Maurice D. Hinchey
Rep. Maurice D. HincheyD-NY-22 · May 12, 2011

I have an amendment at the desk. Mr. Chairman, in 1976, amid social unrest and a deep political crisis in Argentina, a military coup installed one of the cruelest dictatorships South America has ever…

Tom Reed
Rep. Tom ReedR-NY-29 · May 13, 2011

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise today to join with my colleague, the gentleman from New York (Mr. Grimm), to offer an amendment honoring the brave members of the…

John C. Carney, Jr.
Rep. John C. Carney, Jr.D-DE · May 12, 2011

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, over the past week, officials have announced that preliminary intelligence gathered from Osama bin Laden's Pakistan hideout shows that al…

Show 11 more
Charles W. Dent
Rep. Charles W. DentR-PA-15 · May 12, 2011

I offer an amendment, Mr. Chairman. Mr. Chairman, I first want to commend the chairman and the ranking member for the very good work they have done on this bill. They really have worked in a…

Christopher P. Gibson
Rep. Christopher P. GibsonR-NY-20 · May 12, 2011

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I actually want to begin this afternoon by praising the chairman and the ranking member, all of the members of the intel committee and…

Devin Nunes
Rep. Devin NunesR-CA-21 · May 12, 2011

I would like to say thank you to Chairman Rogers and to Ranking Member Ruppersberger for really taking the Intelligence Committee and establishing its relevance back in the House. I know we've had…

Mike Thompson
Rep. Mike ThompsonD-CA-1 · May 12, 2011

I thank Mr. Ruppersberger for yielding, and I thank Mr. Ruppersberger and Mr. Rogers for their good work in the committee. As ranking member of the Subcommittee on Terrorism, Human Intelligence,…

Michele Bachmann
Rep. Michele BachmannR-MN-6 · May 12, 2011

I thank the gentleman from Texas, who's doing a wonderful job this morning managing this bill, Pete Sessions. Mr. Speaker, all of our Nation's great liberties depend on our national security. I think…

David Dreier
Rep. David DreierR-CA-26 · May 12, 2011

Mr. Speaker, let me begin by expressing my appreciation to the distinguished vice chairman of the Rules Committee, my friend from Dallas, Mr. Sessions, for his management of this very important rule.…

Maxine Waters
Rep. Maxine WatersD-CA-35 · May 12, 2011

I thank the gentleman. My amendment requires the inspector general of the intelligence community to report to Congress on racial and ethnic diversity in the intelligence community. A diverse…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 13, 2011

I thank the gentleman. I rise to support this motion to recommit. I introduced H. Res. 240, and 50 of you supported it, because we believe that all of those involved should be thanked, that all of…

Michael G. Grimm
Rep. Michael G. GrimmR-NY-13 · May 13, 2011

Mr. Chair, I rise today to offer an amendment honoring the brave members of the intelligence community, military and civilian, for their role in the mission that killed Osama bin Laden on May 1st,…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-8 · May 23, 2011

Mr. Chair, I rise reluctantly to correct the record. Mr. Reed and Mr. Dreier appear to be confused. What they said about my remarks regarding my two amendments to H.R. 754 is false. The source of my…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · May 26, 2011

Mr. President, I am very pleased that the Senate will be passing the fiscal year 2011 intelligence authorization bill today. This is now the second year in a row that we have been able to pass an…

Bill Text

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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

H. R. 754

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.

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.

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)).

I

BUDGET AND PERSONNEL AUTHORIZATIONS

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.

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.

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).

II

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

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.

III

GENERAL INTELLIGENCE COMMUNITY MATTERS

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.

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.

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:

113A.

Non-reimbursable detail of other personnel

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:

.

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.

.

IV

MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

A

Office of the Director of National Intelligence

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.

.

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.

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.

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.

B

Other Elements

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).

.

V

Other matters

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.

VI

Honoring the members of the intelligence community for their role in the mission that killed Osama bin Laden on May 1, 2011

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.