[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[S. 719 Placed on Calendar Senate (PCS)]
Calendar No. 25
112th CONGRESS
1st Session
S. 719
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 4, 2011
Mrs. Feinstein from the Select Committee on Intelligence reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
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.
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. Unauthorized disclosure of classified information.
Subtitle B--Other Elements
Sec. 411. Defense Intelligence Agency counterintelligence and
expenditures.
Sec. 412. Accounts and transfer authority for appropriations and other
amounts for the intelligence elements of
the Department of Defense.
Sec. 413. Confirmation of appointment of the Director of the National
Security Agency.
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 S. __ 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
$649,732,000. 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 648 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.''.
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. UNAUTHORIZED DISCLOSURE OF CLASSIFIED INFORMATION.
(a) Requirement for Prohibition.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the head of each element of the
intelligence community, shall publish regulations that--
(1) are consistent with any procedures established by
Executive order or regulation under section 801 of the National
Security Act of 1947 (50 U.S.C. 435);
(2) require each employee of an element of the intelligence
community to sign a written agreement as described in
subsection (b); and
(3) set forth the administrative procedures applicable to
an employee who violates the terms of such an agreement.
(b) Agreement Described.--An agreement described in this subsection
is an agreement, with respect to an individual employed by an element
of the intelligence community, that--
(1) prohibits the individual from disclosing classified
information without authorization at any time during or
subsequent to employment with an element of the intelligence
community;
(2) requires the individual to comply with all
prepublication review requirements contained in any
nondisclosure agreement between the individual and an element
of the intelligence community;
(3) specifies appropriate disciplinary actions, including
the surrender of any current or future Federal Government
pension benefit, to be taken against the individual if the
Director of National Intelligence or the head of the
appropriate element of the intelligence community determines
that the individual has knowingly violated the prepublication
review requirements contained in a nondisclosure agreement
between the individual and an element of the intelligence
community in a manner that disclosed classified information to
an unauthorized person or entity; and
(4) describes procedures for making and reviewing
determinations under paragraph (3) in a manner that is
consistent with the due process and appeal rights otherwise
available to an individual who is subject to the same or
similar disciplinary action under other law.
(c) Federal Government Pension Benefit Described.--In this section,
the term ``Federal Government pension benefit'' does not include the
following:
(1) Any contributions by a person to a Federal Government
pension plan, in their fair market value.
(2) Any old age benefits payable to a person under title II
of the Social Security Act (42 U.S.C. 401 et seq.).
(3) Any employee benefits or contributions of a person
under the Thrift Savings Plan under subchapter III of chapter
84 of title 5, United States Code, or any successor benefit
program.
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
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 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 of 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).''.
SEC. 412. ACCOUNTS AND TRANSFER AUTHORITY FOR APPROPRIATIONS AND OTHER
AMOUNTS FOR THE INTELLIGENCE ELEMENTS OF THE DEPARTMENT
OF DEFENSE.
(a) In General.--Chapter 21 of title 10, United States Code, is
amended by inserting after section 428 the following new section:
``Sec. 429. Appropriations for defense intelligence elements: accounts
for transfer; transfer
``(a) Transfers Authorized.--(1) There may be transferred to an
account established pursuant to subsection (b) the following:
``(A) Appropriations transferred by the Secretary of
Defense from appropriations of the Department of Defense
available for intelligence, intelligence-related activities,
and communications.
``(B) Appropriations and other amounts transferred by the
Director of National Intelligence from appropriations and other
amounts available for the defense intelligence elements.
``(C) Amounts and reimbursements in connection with
transactions authorized by law between the defense intelligence
elements and other entities.
``(2) The transfer authority of the Secretary of Defense under
paragraph (1)(A) is in addition to any other transfer authority
available to the Secretary by law.
``(b) Accounts for Appropriations for Defense Intelligence
Elements.--The Secretary of the Treasury shall establish one or more
accounts for the receipt of appropriations and other amounts
transferred pursuant to subsection (a).
``(c) Availability of Appropriations and Amounts Transferred.--(1)
Appropriations transferred pursuant to subsection (a) shall remain
available for the same time period, and shall be available for the same
purposes, as the appropriations from which transferred.
``(2) Appropriation balances in an account established pursuant to
subsection (b) may be transferred back to the account or accounts from
which such balances originated as an appropriation refund.
``(d) Defense Intelligence Elements Defined.--In this section, the
term `defense intelligence elements' means the agencies, offices, and
elements of the Department of Defense that are included within the
elements of the intelligence community specified in or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter I of chapter 21 of such title is amended by inserting after
the item relating to section 428 the following new item:
``429. Appropriations for defense intelligence elements: accounts for
transfer; transfer.''.
SEC. 413. CONFIRMATION OF APPOINTMENT OF THE DIRECTOR OF THE NATIONAL
SECURITY AGENCY.
(a) Director of National Security Agency.--Section 2 of the
National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended--
(1) by inserting ``(b)'' before ``There''; and
(2) by inserting before subsection (b), as so designated by
paragraph (1), the following new subsection
``(a)(1) There is a Director of the National Security Agency.
``(2) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(3) The Director of the National Security Agency shall be the
head of the National Security Agency and shall discharge such functions
and duties as are provided by this Act or otherwise by law.''.
(b) Positions of Importance and Responsibility.--The President may
designate the Director of the National Security Agency as a position of
importance and responsibility under section 601 of title 10, United
States Code.
(c) Effective Date and Applicability.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act and
shall apply upon the earlier of--
(A) the date of the nomination by the President of
an individual to serve as the Director of the National
Security Agency, except that the individual serving as
such Director as of the date of the enactment of this
Act may continue to perform such duties after such date
of nomination and until the individual appointed as
such Director, by and with the advice and consent of
the Senate, assumes the duties of such Director; or
(B) the date of the cessation of the performance of
the duties of such Director by the individual
performing such duties as of the date of the enactment
of this Act.
(2) Positions of importance and responsibility.--Subsection
(b) shall take effect on the date of the enactment of this Act.
Calendar No. 25
112th CONGRESS
1st Session
S. 719
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
April 4, 2011
Read twice and placed on the calendar
