U.S. Congress - Text of S.1458 as Placed on Calendar Senate Intelligence Authorization Act for Fiscal Year 2012
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An original bill 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.
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S 1458 PCSCommentsClose CommentsPermalink
Calendar No. 124CommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 1458CommentsClose CommentsPermalink
[Report No. 112-43]CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
August 1, 2011CommentsClose CommentsPermalink
August 1, 2011CommentsClose CommentsPermalink
Mrs. FEINSTEIN, from the Select Committee on Intelligence, reported the following original bill; which was read twice and placed on the calendarCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Intelligence Authorization Act for Fiscal Year 2012’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Definitions.CommentsClose CommentsPermalink
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Sec. 101. Authorization of appropriations.CommentsClose CommentsPermalink
Sec. 102. Classified Schedule of Authorizations.CommentsClose CommentsPermalink
Sec. 103. Personnel ceiling adjustments.CommentsClose CommentsPermalink
Sec. 104. Intelligence Community Management Account.CommentsClose CommentsPermalink
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.CommentsClose CommentsPermalink
Sec. 302. Increase in employee compensation and benefits authorized by law.CommentsClose CommentsPermalink
Sec. 303. Enhancement of authority for flexible personnel management among the elements of the intelligence community.CommentsClose CommentsPermalink
Sec. 304. Cost estimates.CommentsClose CommentsPermalink
Sec. 305. Preparation of nuclear proliferation assessment statements.CommentsClose CommentsPermalink
Sec. 306. Detainees held at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink
Sec. 307. Updates of intelligence relating to terrorist recidivism of detainees held at United States Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink
Sec. 308. Submission of information on Guantanamo Bay detainee transfers.CommentsClose CommentsPermalink
Sec. 309. Enhanced procurement authority to manage supply chain risk.CommentsClose CommentsPermalink
Sec. 310. Report on burial allowances.CommentsClose CommentsPermalink
Sec. 311. Modification of certain reporting requirements.CommentsClose CommentsPermalink
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Temporary appointment to fill vacancies within Office of the Director of National Intelligence.CommentsClose CommentsPermalink
Sec. 402. Application of certain financial reporting requirements to the Office of the Director of National Intelligence.CommentsClose CommentsPermalink
Sec. 403. Public availability of information regarding the Inspector General of the Intelligence Community.CommentsClose CommentsPermalink
Sec. 404. Technical correction to the Executive Schedule.CommentsClose CommentsPermalink
Subtitle B--Central Intelligence Agency
Sec. 411. Foreign language proficiency requirements for Central Intelligence Agency officers.CommentsClose CommentsPermalink
Sec. 412. Acceptance of gifts.CommentsClose CommentsPermalink
Sec. 413. Public availability of information regarding the Inspector General of the Central Intelligence Agency.CommentsClose CommentsPermalink
Sec. 414. Recruitment of personnel in the Office of the Inspector General.CommentsClose CommentsPermalink
Subtitle C--National Security Agency
Sec. 421. Confirmation of appointment of the Director of the National Security Agency.CommentsClose CommentsPermalink
Sec. 422. Additional authorities for National Security Agency security personnel.CommentsClose CommentsPermalink
Subtitle D--Other Elements
Sec. 431. Appropriations for defense intelligence elements: accounts for transfer; transfer.CommentsClose CommentsPermalink
Sec. 432. Federal Bureau of Investigation participation in the Department of Justice leave bank.CommentsClose CommentsPermalink
Sec. 433. Intelligence community membership of the Office of Intelligence and Analysis of the Department of Homeland Security.CommentsClose CommentsPermalink
TITLE V--OTHER MATTERS
Sec. 501. Conforming the FISA Amendments Act of 2008 sunset with other FISA sunsets.CommentsClose CommentsPermalink
Sec. 502. Technical amendments to the National Security Act of 1947.CommentsClose CommentsPermalink
Sec. 503. Technical amendments to title 18, United States Code.CommentsClose CommentsPermalink
SEC. 2. DEFINITIONS.
In this Act:CommentsClose CommentsPermalink
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES- The term ‘congressional intelligence committees’ means--CommentsClose CommentsPermalink
(A) the Select Committee on Intelligence of the Senate; andCommentsClose CommentsPermalink
(B) the Permanent Select Committee on Intelligence of the House of Representatives.CommentsClose CommentsPermalink
(2) INTELLIGENCE COMMUNITY- The term ‘intelligence community’ has the meaning given that term in section 3(4) of the National Security Act of 1947 (
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2012 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:CommentsClose CommentsPermalink
(1) The Office of the Director of National Intelligence.CommentsClose CommentsPermalink
(2) The Central Intelligence Agency.CommentsClose CommentsPermalink
(3) The Department of Defense.CommentsClose CommentsPermalink
(4) The Defense Intelligence Agency.CommentsClose CommentsPermalink
(5) The National Security Agency.CommentsClose CommentsPermalink
(6) The Department of the Army, the Department of the Navy, and the Department of the Air Force.CommentsClose CommentsPermalink
(7) The Coast Guard.CommentsClose CommentsPermalink
(8) The Department of State.CommentsClose CommentsPermalink
(9) The Department of the Treasury.CommentsClose CommentsPermalink
(10) The Department of Energy.CommentsClose CommentsPermalink
(11) The Department of Justice.CommentsClose CommentsPermalink
(12) The Federal Bureau of Investigation.CommentsClose CommentsPermalink
(13) The Drug Enforcement Administration.CommentsClose CommentsPermalink
(14) The National Reconnaissance Office.CommentsClose CommentsPermalink
(15) The National Geospatial-Intelligence Agency.CommentsClose CommentsPermalink
(16) The Department of Homeland Security.CommentsClose CommentsPermalink
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, 2012, 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. XX of the One Hundred Twelfth Congress.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases- The Director of National Intelligence may authorize the employment of civilian personnel in excess of the number of full-time equivalent positions for fiscal year 2012 authorized by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary for the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such section for such element.CommentsClose CommentsPermalink
(b) Authority for Conversion of Activities Performed by Contract Personnel-CommentsClose CommentsPermalink
(1) IN GENERAL- In addition to the authority in subsection (a) and subject to paragraph (2), if the head of an element of the intelligence community makes a determination that activities currently being performed by contract personnel should be performed by employees of such element, the Director of National Intelligence, in order to reduce a comparable number of contract personnel, may authorize for that purpose employment of additional full-time equivalent personnel in such element equal to the number of full-time equivalent contract personnel performing such activities.CommentsClose CommentsPermalink
(2) CONCURRENCE AND APPROVAL- The authority described in paragraph (1) may not be exercised unless the Director of National Intelligence concurs with the determination described in such paragraph.CommentsClose CommentsPermalink
(c) Treatment of Certain Personnel- The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment--CommentsClose CommentsPermalink
(1) in a student program, trainee program, or similar program;CommentsClose CommentsPermalink
(2) in a reserve corps or as a reemployed annuitant; orCommentsClose CommentsPermalink
(3) in details, joint duty, or long-term, full-time training.CommentsClose CommentsPermalink
(d) Notice to Congressional Intelligence Committees- The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to the initial exercise of an authority described in subsection (a) or (b).CommentsClose CommentsPermalink
SEC. 104. 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 2012 the sum of $585,187,000. 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, 2013.CommentsClose CommentsPermalink
(b) Authorized Personnel Levels- The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 800 full-time equivalent personnel as of September 30, 2012. 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.CommentsClose CommentsPermalink
(c) Classified Authorizations-CommentsClose CommentsPermalink
(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 2012 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, 2013.CommentsClose CommentsPermalink
(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, 2012, 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).CommentsClose CommentsPermalink
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEMCommentsClose CommentsPermalink
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEMCommentsClose CommentsPermalink
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2012 the sum of $513,700,000.CommentsClose CommentsPermalink
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERSCommentsClose CommentsPermalink
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERSCommentsClose CommentsPermalink
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 that is not otherwise authorized by the Constitution or the laws of the United States.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
SEC. 303. ENHANCEMENT OF AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT AMONG THE ELEMENTS OF THE INTELLIGENCE COMMUNITY.
Section 102A of the National Security Act of 1947 (
‘(v) Authority To Establish Positions in Excepted Service- (1) The Director of National Intelligence, with the concurrence of the head of the covered department concerned and in coordination with the Director of the Office of Personnel Management, may--CommentsClose CommentsPermalink
‘(A) convert competitive service positions, and the incumbents of such positions, within an element of the intelligence community in such department, to excepted service positions as the Director of National Intelligence determines necessary to carry out the intelligence functions of such element; andCommentsClose CommentsPermalink
‘(B) establish new positions in the excepted service within an element of the intelligence community in such department, if the Director of National Intelligence determines such positions are necessary to carry out the intelligence functions of such element.CommentsClose CommentsPermalink
‘(2) An incumbent occupying a position on the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 selected to be converted to the excepted service under this section shall have the right to refuse such conversion. Once such individual no longer occupies the position, the position may be converted to the excepted service.CommentsClose CommentsPermalink
‘(3) In this subsection, the term ‘covered department’ means the Department of Energy, the Department of Homeland Security, the Department of State, or the Department of the Treasury.’.CommentsClose CommentsPermalink
SEC. 304. COST ESTIMATES.
(a) In General- Section 506A of the National Security Act of 1947 (
(1) in subsection (a)(2)--CommentsClose CommentsPermalink
(A) by inserting ‘(A)’ after ‘(2)’; andCommentsClose CommentsPermalink
(B) by inserting at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(B) For major system acquisitions requiring a service or capability from another acquisition or program to deliver the end-to-end functionality for the intelligence community end users, independent cost estimates shall include, to the maximum extent practicable, all estimated costs across all pertinent elements of the intelligence community. For collection programs, this includes the cost of new analyst training, new hardware and software for data exploitation and analysis, and any unique or additional costs for data processing, storing, and power, space, and cooling across the life cycle of the program. If such costs for processing, exploitation, dissemination, and storage are scheduled to be executed in other elements of the intelligence community, the independent cost estimate shall identify and annotate such costs for such other elements accordingly.’; andCommentsClose CommentsPermalink
(2) in subsection (e)(2)--CommentsClose CommentsPermalink
(A) by inserting ‘(A)’ after ‘(2)’;CommentsClose CommentsPermalink
(B) in subparagraph (A), as so designated, by striking ‘associated with the acquisition of a major system,’ and inserting ‘associated with the development, acquisition, procurement, operation, and sustainment of a major system across its proposed life cycle,’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) In accordance with subsection (a)(2)(B), each independent cost estimate shall include all costs required across elements of the intelligence community to develop, acquire, procure, operate, and sustain the system to provide the end-to-end intelligence functionality of the system, including--CommentsClose CommentsPermalink
‘(i) for collection programs, the cost of new analyst training, new hardware and software for data exploitation and analysis, and any unique or additional costs for data processing, storing, and power, space, and cooling across the life cycle of the program; andCommentsClose CommentsPermalink
‘(ii) costs for processing, exploitation, dissemination, and storage costs are scheduled to be executed in other elements of the intelligence community, such element shall identify and annotate such costs accordingly.’.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by this section shall take effect 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS.
Section 123 of the Atomic Energy Act of 1954 (
(1) in subsection a., in the first undesignated paragraph after paragraph (9)--CommentsClose CommentsPermalink
(A) by striking the third sentence and inserting ‘The Secretary of State and the Director of National Intelligence shall provide to the President an unclassified Nuclear Proliferation Assessment Statement as follows: Parts A and B of such assessment shall be prepared by the Secretary of State, in consultation with the Director of National Intelligence. Part A shall analyze the consistency of the text of the proposed agreement for cooperation with all the requirements of this chapter, with specific attention to whether the proposed agreement is consistent with each of the criteria set forth in this subsection. Part B shall analyze the adequacy of the safeguards and other control mechanisms and the peaceful use assurances contained in the agreement for cooperation to ensure that any assistance furnished thereunder will not be used to further any military or nuclear explosive purposes. Part C of such assessment shall be prepared by the Director of National Intelligence, in consultation with the Secretary of State, and consist of a comprehensive analysis of the country’s export control system with respect to nuclear-related matters, including interactions with other countries of proliferation concern and the actual or suspected nuclear, dual-use, or missile-related transfers to such countries.’; andCommentsClose CommentsPermalink
(B) by striking ‘Each Nuclear Proliferation Assessment Statement prepared pursuant to this Act shall be accompanied by a classified annex, prepared in consultation with the Director of Central Intelligence,’ and inserting ‘Each Nuclear Proliferation Assessment Statement prepared pursuant to this Act shall be accompanied by a classified annex prepared by the Director of National Intelligence and the Secretary of State’;CommentsClose CommentsPermalink
(2) in subsection b., by inserting ‘and in addition has submitted such Nuclear Proliferation Assessment Statement and any annexes to accompany it to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives,’ after ‘Representatives,’; andCommentsClose CommentsPermalink
(3) in subsection d., in the first proviso, by striking ‘prepared by the Secretary of State,’ and inserting ‘prepared pursuant to this section,’.CommentsClose CommentsPermalink
SEC. 306. DETAINEES HELD AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Department of Homeland Security Appropriations Act, 2010- Subsection (e) of section 552 of the Department of Homeland Security Appropriations Act, 2010 (
(1) in the matter preceding paragraph (1), by striking ‘15 days’ and inserting ‘30 days’;CommentsClose CommentsPermalink
(2) in paragraph (3), by striking ‘such agreement.’ and inserting ‘such agreement and any monitoring assurances provided by such government.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(4) The agency or department of the United States responsible for ensuring that the agreement described in paragraph (3) is carried out.’.CommentsClose CommentsPermalink
(b) Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010- Subsection (e) of section 428 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010 (division A of
(1) in the matter preceding paragraph (1), by striking ‘15 days’ and inserting ‘30 days’;CommentsClose CommentsPermalink
(2) in paragraph (3), by striking ‘such agreement.’ and inserting ‘such agreement and any monitoring assurances provided by such government.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(4) The agency or department of the United States responsible for ensuring that the agreement described in paragraph (3) is carried out.’.CommentsClose CommentsPermalink
SEC. 307. UPDATES OF INTELLIGENCE RELATING TO TERRORIST RECIDIVISM OF DETAINEES HELD AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 334 of the Intelligence Authorization Act for Fiscal Year 2010 (
(1) in the matter preceding paragraph (1), by inserting ‘(a) In General- ’ before ‘Not’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(b) Updates-CommentsClose CommentsPermalink
‘(1) REQUIREMENT FOR UPDATES- Not less frequently than once every 6 months, the Director of National Intelligence, in consultation with the Director of the Central Intelligence Agency and the Secretary of Defense, shall update and make publicly available an unclassified summary consisting of the information required by subsection (a) and the number of individuals formerly detained at the Naval Detention Facility at Guantanamo Bay, Cuba, who are confirmed or suspected recidivists.CommentsClose CommentsPermalink
‘(2) INITIAL UPDATE- The initial update required by paragraph (1) shall be made publicly available not later than 10 days after the date the first report following the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 is submitted to members and committees of Congress pursuant to section 319 of the Supplemental Appropriations Act, 2009 (
Public Law 111-32 ;10 U.S.C. 801 note).’.CommentsClose CommentsPermalink
SEC. 308. SUBMISSION OF INFORMATION ON GUANTANAMO BAY DETAINEE TRANSFERS.
(a) Requirement for Submission- Not later than 45 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State, shall submit to the congressional intelligence committees information concerning the transfer or potential transfer of individuals who are or have been detained by the United States at Naval Station, Guantanamo Bay, Cuba.CommentsClose CommentsPermalink
(b) Information Required- The information required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) An assessment of the sufficiency of the monitoring undertaken by each foreign country to which an individual referred to in subsection (a) has been transferred.CommentsClose CommentsPermalink
(2) Any written or verbal agreement between the Secretary of State and the government of a foreign country that describes monitoring and security assurances related to such an individual.CommentsClose CommentsPermalink
(3) Each Department of State cable, memorandum, or report relating to or describing the threat such an individual may or may not pose.CommentsClose CommentsPermalink
SEC. 309. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) COVERED AGENCY- The term ‘covered agency’ means any element of the intelligence community other than an element within the Department of Defense.CommentsClose CommentsPermalink
(2) COVERED ITEM OF SUPPLY- The term ‘covered item of supply’ means an item of information technology (as that term is defined in
(3) COVERED PROCUREMENT- The term ‘covered procurement’ means--CommentsClose CommentsPermalink
(A) a source selection for a covered system or a covered item of supply; orCommentsClose CommentsPermalink
(B) any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk.CommentsClose CommentsPermalink
(4) COVERED PROCUREMENT ACTION- The term ‘covered procurement action’ means any of the following actions, if the action takes place in the course of conducting a covered procurement:CommentsClose CommentsPermalink
(A) The exclusion of a source for the purpose of reducing supply chain risk in the acquisition of covered systems.CommentsClose CommentsPermalink
(B) The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.CommentsClose CommentsPermalink
(C) The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.CommentsClose CommentsPermalink
(5) COVERED SYSTEM-CommentsClose CommentsPermalink
(A) IN GENERAL- The term ‘covered system’ means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--CommentsClose CommentsPermalink
(i) the function, operation, or use of which--CommentsClose CommentsPermalink
(I) involves intelligence activities;CommentsClose CommentsPermalink
(II) involves cryptologic activities related to national security;CommentsClose CommentsPermalink
(III) involves command and control of military forces;CommentsClose CommentsPermalink
(IV) involves equipment that is an integral part of a weapon or weapons system; orCommentsClose CommentsPermalink
(V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; orCommentsClose CommentsPermalink
(ii) is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.CommentsClose CommentsPermalink
(B) EXCEPTION OF ADMINISTRATIVE AND BUSINESS APPLICATIONS- Subparagraph (A)(i)(V) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).CommentsClose CommentsPermalink
(6) SUPPLY CHAIN RISK- The term ‘supply chain risk’ means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.CommentsClose CommentsPermalink
(b) Authority- Subject to subsection (c), the head of a covered agency may, in conducting intelligence and intelligence-related activities--CommentsClose CommentsPermalink
(1) carry out a covered procurement action; andCommentsClose CommentsPermalink
(2) limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.CommentsClose CommentsPermalink
(c) Determination and Notification- The head of a covered agency may exercise the authority provided in subsection (b) only after--CommentsClose CommentsPermalink
(1) any appropriate consultation with procurement or other relevant officials of the covered agency;CommentsClose CommentsPermalink
(2) making a determination in writing, in unclassified or classified form, that--CommentsClose CommentsPermalink
(A) use of the authority in subsection (b)(1) is necessary to protect national security by reducing supply chain risk;CommentsClose CommentsPermalink
(B) less intrusive measures are not reasonably available to reduce such supply chain risk; andCommentsClose CommentsPermalink
(C) in a case where the head of the covered agency plans to limit disclosure of information under subsection (b)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information;CommentsClose CommentsPermalink
(3) notifying the Director of National Intelligence that there is a significant supply chain risk to the covered system concerned, unless the head of the covered agency making the determination is the Director of National Intelligence; andCommentsClose CommentsPermalink
(4) providing a classified or unclassified notice of the determination made under paragraph (2) to the congressional intelligence committees that includes a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.CommentsClose CommentsPermalink
(d) Savings- The authority under this section is in addition to any other authority under any other provision of law. The authority under this section shall not be construed to alter or effect the exercise of any other provision of law.CommentsClose CommentsPermalink
(e) Effective Date- The requirements of this section shall take effect on the date that is 180 days after the date of the enactment of this Act and shall apply to contracts that are awarded on or after such date.CommentsClose CommentsPermalink
(f) Sunset- The authority provided in this section shall expire on the date that section 806 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (
SEC. 310. REPORT ON BURIAL ALLOWANCES.
Not later than September 1, 2011, the Director of the Office of Personnel Management, in consultation with the Director of National Intelligence, the Secretary of Labor, and the Secretary of Defense, shall submit to the congressional intelligence committees a report on current burial allowances for Federal civilian or military personnel. Such report shall include any recommendations of the Director for legislation to provide for burial allowances at a level which adequately addresses the cost of burials and provides for equitable treatment across the United States Government.CommentsClose CommentsPermalink
SEC. 311. MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Intelligence Reform and Terrorism Prevention Act of 2004- Section 1041(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(b) Intelligence Authorization Act for Fiscal Year 2003- Section 904(d)(1) of the Intelligence Authorization Act for Fiscal Year 2003 (
(c) Intelligence Authorization Act for Fiscal Year 1997- Section 721 of the Intelligence Authorization Act for Fiscal Year 1997 (
‘(d) Effective Date- This section shall be in effect until January 1, 2011.’.CommentsClose CommentsPermalink
(d) Intelligence Authorization Act for Fiscal Year 1995- Section 809 of the Intelligence Authorization Act for Fiscal Year 1995 (50 U.S.C. App. 2170b) is amended--CommentsClose CommentsPermalink
(1) by striking subsection (b); andCommentsClose CommentsPermalink
(2) in subsection (c), by striking ‘reports referred to in subsections (a) and (b)’ and inserting ‘report referred to in subsection (a)’.CommentsClose CommentsPermalink
(e) Report on Temporary Personnel Authorizations for Critical Language Training- Paragraph (3)(D) of section 102A(e) of the National Security Act of 1947 (
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITYCommentsClose CommentsPermalink
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITYCommentsClose CommentsPermalink
Subtitle A--Office of the Director of National IntelligenceCommentsClose CommentsPermalink
Subtitle A--Office of the Director of National IntelligenceCommentsClose CommentsPermalink
SEC. 401. TEMPORARY APPOINTMENT TO FILL VACANCIES WITHIN OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
Section 103 of the National Security Act of 1947 (
(1) by redesignating subsection (e) as subsection (f); andCommentsClose CommentsPermalink
(2) by inserting after subsection (d) the following new subsection:CommentsClose CommentsPermalink
‘(e) Temporary Filling of Vacancies- With respect to filling temporarily a vacancy in an office within the Office of the Director of National Intelligence (other than that of the Director of National Intelligence),
section 3345(a)(3) of title 5, United States Code , may be applied--CommentsClose CommentsPermalink
‘(1) in the matter preceding subparagraph (A), by substituting ‘an element of the intelligence community, as that term is defined in section 3(4) of the National Security Act of 1947,’ for ‘such Executive agency’; andCommentsClose CommentsPermalink
‘(2) in subparagraph (A), by substituting ‘the intelligence community’ for ‘such agency’.’.CommentsClose CommentsPermalink
SEC. 402. APPLICATION OF CERTAIN FINANCIAL REPORTING REQUIREMENTS TO THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
For each of the fiscal years 2010, 2011, and 2012, the requirements of
SEC. 403. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.
Section 103H of the National Security Act of 1947 (
‘(o) Information on Website- (1) The Director of National Intelligence shall establish and maintain on the homepage of the publicly accessible website of the Office of the Director of National Intelligence information relating to the Office of the Inspector General of the Intelligence Community including methods to contact the Inspector General.CommentsClose CommentsPermalink
‘(2) The information referred to in paragraph (1) shall be obvious and facilitate accessibility to the information related to the Office of the Inspector General of the Intelligence Community.’.CommentsClose CommentsPermalink
SEC. 404. TECHNICAL CORRECTION TO THE EXECUTIVE SCHEDULE.
‘Chief Information Officer of the Intelligence Community.’.CommentsClose CommentsPermalink
Subtitle B--Central Intelligence AgencyCommentsClose CommentsPermalink
Subtitle B--Central Intelligence AgencyCommentsClose CommentsPermalink
SEC. 411. FOREIGN LANGUAGE PROFICIENCY REQUIREMENTS FOR CENTRAL INTELLIGENCE AGENCY OFFICERS.
(a) In General- Section 104A(g) of the National Security Act of 1947 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A)--CommentsClose CommentsPermalink
(i) by inserting ‘in the Directorate of Intelligence career service or the National Clandestine Service career service’ after ‘an individual’;CommentsClose CommentsPermalink
(ii) by inserting ‘or promoted’ after ‘appointed’; andCommentsClose CommentsPermalink
(iii) by striking ‘individual--’ and inserting ‘individual has been certified as having a professional speaking and reading proficiency in a foreign language, such proficiency being at least level 3 on the Interagency Language Roundtable Language Skills Level or commensurate proficiency level using such other indicator of proficiency as the Director of the Central Intelligence Agency considers appropriate.’;CommentsClose CommentsPermalink
(B) by striking subparagraphs (A) and (B); andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking ‘position or category of positions’ both places that term appears and inserting ‘position, category of positions, or occupation’.CommentsClose CommentsPermalink
(b) Effective Date- Section 611(b) of the Intelligence Authorization Act for Fiscal Year 2005 (
(1) by inserting ‘or promotions’ after ‘appointments’; andCommentsClose CommentsPermalink
(2) by striking ‘that is one year after the date’.CommentsClose CommentsPermalink
(c) Report on Waivers- Section 611(c) of the Intelligence Authorization Act for Fiscal Year 2005 (
(1) in the first sentence--CommentsClose CommentsPermalink
(A) by striking ‘positions’ and inserting ‘individual waivers’; andCommentsClose CommentsPermalink
(B) by striking ‘Directorate of Operations’ and inserting ‘National Clandestine Service’; andCommentsClose CommentsPermalink
(2) in the second sentence, by striking ‘position or category of positions’ and inserting ‘position, category of positions, or occupation’.CommentsClose CommentsPermalink
(d) Report on Transfers- Not later than 45 days after the date of the enactment of this Act, and on an annual basis for each of the following 3 years, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees a report on the number of Senior Intelligence Service employees of the Agency who--CommentsClose CommentsPermalink
(1) were transferred during the reporting period to a Senior Intelligence Service position in the Directorate of Intelligence career service or the National Clandestine Service career service; andCommentsClose CommentsPermalink
(2) did not meet the foreign language requirements specified in section 104A(g)(1) of the National Security Act of 1947 (
SEC. 412. ACCEPTANCE OF GIFTS.
Section 12 of the Central Intelligence Agency Act of 1949 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by inserting ‘(1)’ after ‘(a)’; andCommentsClose CommentsPermalink
(B) by striking the second and third sentences and inserting the following:CommentsClose CommentsPermalink
‘(2) Any gift accepted under this section (and any income produced by any such gift)--CommentsClose CommentsPermalink
‘(A) may be used only for--’CommentsClose CommentsPermalink
‘(i) artistic display;CommentsClose CommentsPermalink
‘(ii) purposes relating to the general welfare, education, or recreation of employees or dependents of employees of the Agency or for similar purposes; orCommentsClose CommentsPermalink
‘(iii) purposes relating to the welfare, education, or recreation of an individual described in paragraph (3); andCommentsClose CommentsPermalink
‘(B) under no circumstances may such a gift (or any income produced by any such gift) be used for operational purposes.CommentsClose CommentsPermalink
‘(3) An individual described in this paragraph is an individual who--CommentsClose CommentsPermalink
‘(A) is an employee or a former employee of the Agency who suffered injury or illness while employed by the Agency that--CommentsClose CommentsPermalink
‘(i) resulted from hostile or terrorist activities;CommentsClose CommentsPermalink
‘(ii) occurred in connection with an intelligence activity having a significant element of risk; orCommentsClose CommentsPermalink
‘(iii) occurred under other circumstances determined by the Director to be analogous to the circumstances described in clause (i) or (ii);CommentsClose CommentsPermalink
‘(B) is a family member of such an employee or former employee; orCommentsClose CommentsPermalink
‘(C) is a surviving family member of an employee of the Agency who died in circumstances described in clause (i), (ii), or (iii) of subparagraph (A).CommentsClose CommentsPermalink
‘(4) The Director may not accept any gift under this section which is expressly conditioned upon any expenditure not to be met from the gift itself or from income produced by the gift unless such expenditure has been authorized by law.CommentsClose CommentsPermalink
‘(5) The Director may, in the Director’s discretion, assign a gift accepted under the authority in this section to an individual described in paragraph (3) for the purposes described in paragraph (2)(iii).’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(f) The Director, in consultation with the Director of the Office of Government Ethics, shall issue regulations to carry out the authority provided in this section. Such regulations shall ensure that such authority is exercised consistent with all relevant ethical constraints and principles, including--CommentsClose CommentsPermalink
‘(1) the avoidance of any prohibited conflict of interest or appearance of impropriety; andCommentsClose CommentsPermalink
‘(2) a prohibition against the acceptance of a gift from a foreign government or an agent of a foreign government.’.CommentsClose CommentsPermalink
SEC. 413. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE AGENCY.
Section 17 of the Central Intelligence Agency Act of 1949 (
‘(h) Information on Website- (1) The Agency shall establish and maintain on the homepage of the Agency’s publicly accessible website information relating to the Office of the Inspector General including methods to contact the Inspector General.CommentsClose CommentsPermalink
‘(2) The information referred to in paragraph (1) shall be obvious and facilitate accessibility to the information related to the Office of the Inspector General.’.CommentsClose CommentsPermalink
SEC. 414. RECRUITMENT OF PERSONNEL IN THE OFFICE OF THE INSPECTOR GENERAL.
(a) Study- The Director of the Central Intelligence Agency, in consultation with the Inspector General of the Central Intelligence Agency, shall carry out a study of the personnel issues of the Office of the Inspector General. Such study shall include--CommentsClose CommentsPermalink
(1) identification of any barriers or disincentives to the recruitment or retention of experienced investigators within the Office of the Inspector General; andCommentsClose CommentsPermalink
(2) a comparison of the personnel authorities of the Inspector General with personnel authorities of Inspectors General of other agencies and departments of the United States, including a comparison of the benefits available to experienced investigators within the Office of the Inspector General of the Central Intelligence Agency with similar benefits available within the offices of Inspectors General of such other agencies or departments.CommentsClose CommentsPermalink
(b) Recommendations- Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees--CommentsClose CommentsPermalink
(1) any recommendations of the Director for legislative action based on the results of the study conducted under subsection (a); andCommentsClose CommentsPermalink
(2) a description of any administrative actions taken by the Director based on such results.CommentsClose CommentsPermalink
Subtitle C--National Security AgencyCommentsClose CommentsPermalink
Subtitle C--National Security AgencyCommentsClose CommentsPermalink
SEC. 421. 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 (
(1) by inserting ‘(b)’ before ‘There’; andCommentsClose CommentsPermalink
(2) by inserting before subsection (b), as so designated by paragraph (1), the following new subsectionCommentsClose CommentsPermalink
‘(a)(1) There is a Director of the National Security Agency.CommentsClose CommentsPermalink
‘(2) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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
(c) Effective Date and Applicability-CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) POSITIONS OF IMPORTANCE AND RESPONSIBILITY- Subsection (b) shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 422. ADDITIONAL AUTHORITIES FOR NATIONAL SECURITY AGENCY SECURITY PERSONNEL.
(a) Authority To Transport Apprehended Persons- Paragraph (5) of section 11(a) of the National Security Agency Act of 1959 (
‘(5) Agency personnel authorized by the Director under paragraph (1) may transport an individual apprehended under the authority of this section from the premises at which the individual was apprehended, as described in subparagraph (A) or (B) of paragraph (1), for the purpose of transferring such individual to the custody of law enforcement officials. Such transportation may be provided only to make a transfer of custody at a location within 30 miles of the premises described in subparagraphs (A) and (B) of paragraph (1).’.CommentsClose CommentsPermalink
(b) Conforming Amendment Relating to Tort Liability- Paragraph (1) of section 11(d) of the National Security Agency Act of 1959 (
(1) in subparagraph (B), by striking ‘or’ at the end;CommentsClose CommentsPermalink
(2) in subparagraph (C), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(D) transport an individual pursuant to subsection (a)(2).’.CommentsClose CommentsPermalink
Subtitle D--Other ElementsCommentsClose CommentsPermalink
Subtitle D--Other ElementsCommentsClose CommentsPermalink
SEC. 431. APPROPRIATIONS FOR DEFENSE INTELLIGENCE ELEMENTS: ACCOUNTS FOR TRANSFER; TRANSFER.
(a) In General- Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink
‘Sec. 429. Appropriations for defense intelligence elements: accounts for transfer; transfer
‘(a) Transfer of Appropriations for Defense Intelligence Elements- In addition to any other transfer authority available to the Secretary of Defense and notwithstanding
section 1501 of title 31, United States Code , there may be transferred to an account established pursuant to subsection (b) the following:CommentsClose CommentsPermalink
‘(1) Appropriations transferred by the Secretary of Defense from appropriations of the Department of Defense available for intelligence, intelligence-related activities, and communications.CommentsClose CommentsPermalink
‘(2) Appropriations and other amounts transferred by the Director of National Intelligence.CommentsClose CommentsPermalink
‘(3) Amounts and reimbursements in connection with transactions authorized by law between the defense intelligence elements and other entities.CommentsClose CommentsPermalink
‘(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).CommentsClose CommentsPermalink
‘(c) Availability and Use of Funds- Funds transferred to an account established under subsection (b) shall remain available for the same time period, and shall be available for the same purpose, as the original appropriations from which the funds were transferred.CommentsClose CommentsPermalink
‘(d) 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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(e) Defense Intelligence Element Defined- In this section, the term ‘Defense intelligence element’ means any agency, office, or element of the Department of Defense that is an element of the intelligence community (as that term is defined in section 3(4) of the National Security Act of 1947 (
50 U.S.C. 401a(4) ).’.CommentsClose CommentsPermalink(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:CommentsClose CommentsPermalink
‘429. Appropriations for defense intelligence elements: accounts for transfer; transfer.’.CommentsClose CommentsPermalink
SEC. 432. FEDERAL BUREAU OF INVESTIGATION PARTICIPATION IN THE DEPARTMENT OF JUSTICE LEAVE BANK.
Subsection (b) of
‘(b)(1) Except as provided in paragraph (2) and notwithstanding any other provision of this subchapter, neither an excepted agency nor any individual employed in or under an excepted agency may be included in a leave bank program established under any of the preceding provisions of this subchapter.CommentsClose CommentsPermalink
‘(2) Notwithstanding any other provision of law, the Director of the Federal Bureau of Investigation may authorize an individual employed in the Bureau to participate in a leave bank program administered by the Department of Justice under this subchapter if in the Director’s judgment such participation will not adversely affect the protection of intelligence sources and methods.’.CommentsClose CommentsPermalink
SEC. 433. INTELLIGENCE COMMUNITY MEMBERSHIP OF THE OFFICE OF INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF HOMELAND SECURITY.
Section 3(4)(K) of the National Security Act of 1947 (
‘(K) The Office of Intelligence and Analysis of the Department of Homeland Security.’.CommentsClose CommentsPermalink
TITLE V--OTHER MATTERSCommentsClose CommentsPermalink
TITLE V--OTHER MATTERSCommentsClose CommentsPermalink
SEC. 501. CONFORMING THE FISA AMENDMENTS ACT OF 2008 SUNSET WITH OTHER FISA SUNSETS.
(a) Extension- Section 403(b)(1) of the FISA Amendments Act of 2008 (
(b) Technical and Conforming Amendments- Section 403(b)(2) of such Act (
(c) Orders in Effect- Section 404(b)(1) of such Act (
SEC. 502. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (
(1) in section 3(6) (
(2) in section 506(b) (
(3) in section 506A(c)(2)(C) (
SEC. 503. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE.
(1) by inserting ‘the Director (or a person nominated to be Director during the pendency of such nomination) or Principal Deputy Director of National Intelligence,’ after ‘in such department,’; andCommentsClose CommentsPermalink
(2) by striking ‘Central Intelligence,’ and inserting ‘the Central Intelligence Agency,’.CommentsClose CommentsPermalink
Calendar No. 124CommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
S. 1458CommentsClose CommentsPermalink
[Report No. 112-43]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
August 1, 2011CommentsClose CommentsPermalink
August 1, 2011CommentsClose CommentsPermalink
Read twice and placed on the calendarCommentsClose CommentsPermalink
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