S 719 PCSCommentsClose CommentsPermalink

Calendar No. 25CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 719CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

April 4, 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 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.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 2011’.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. 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. Non-reimbursable detail of other personnel.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





Sec. 402. Insider threat detection program.CommentsClose CommentsPermalink





Sec. 403. Unauthorized disclosure of classified information.CommentsClose CommentsPermalink

Subtitle B--Other Elements

Sec. 411. Defense Intelligence Agency counterintelligence and expenditures.CommentsClose CommentsPermalink





Sec. 412. Accounts and transfer authority for appropriations and other amounts for the intelligence elements of the Department of Defense.CommentsClose CommentsPermalink





Sec. 413. Confirmation of appointment of the Director of the National Security Agency.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 (50 U.S.C. 401a(4)).CommentsClose CommentsPermalink

TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONSCommentsClose CommentsPermalink

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: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, 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. 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. 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.CommentsClose CommentsPermalink





(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.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 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.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, 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).CommentsClose 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 2011 the sum of $292,000,000.CommentsClose 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 which 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. 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:CommentsClose CommentsPermalink

‘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.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘Sec. 113A. Non-reimbursable detail of other personnel.’.CommentsClose CommentsPermalink

TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITYCommentsClose CommentsPermalink

Subtitle A--Office of the Director of National IntelligenceCommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by striking ‘Subject’ and inserting the following:CommentsClose CommentsPermalink





‘(A) REQUIREMENT TO PRODUCE- Subject’;CommentsClose CommentsPermalink





(2) by striking ‘on an annual basis’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(2) require each employee of an element of the intelligence community to sign a written agreement as described in subsection (b); andCommentsClose CommentsPermalink





(3) set forth the administrative procedures applicable to an employee who violates the terms of such an agreement.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Federal Government Pension Benefit Described- In this section, the term ‘Federal Government pension benefit’ does not include the following:CommentsClose CommentsPermalink





(1) Any contributions by a person to a Federal Government pension plan, in their fair market value.CommentsClose CommentsPermalink





(2) Any old age benefits payable to a person under title II of the Social Security Act (42 U.S.C. 401 et seq.).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Subtitle B--Other ElementsCommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in subsection (b)(5), by inserting ‘and counterintelligence’ after ‘human intelligence’;CommentsClose CommentsPermalink





(2) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(3) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) the Director notifies the congressional intelligence committees of the intent to expend the amounts; andCommentsClose CommentsPermalink





‘(B) 30 days have elapsed from the date of on which the Director notifies the congressional intelligence committees in accordance with subparagraph (A).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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).’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘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:CommentsClose CommentsPermalink





‘(A) Appropriations transferred by the Secretary of Defense from appropriations of the Department of Defense available for intelligence, intelligence-related activities, and communications.CommentsClose CommentsPermalink





‘(B) Appropriations and other amounts transferred by the Director of National Intelligence from appropriations and other amounts available for the defense intelligence elements.CommentsClose CommentsPermalink





‘(C) Amounts and reimbursements in connection with transactions authorized by law between the defense intelligence elements and other entities.CommentsClose CommentsPermalink





‘(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.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 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





‘(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)).’.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. 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--CommentsClose CommentsPermalink





(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 section 601 of title 10, United States Code.CommentsClose CommentsPermalink





(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

Calendar No. 25CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 719CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

April 4, 2011CommentsClose CommentsPermalink

Read twice and placed on the calendarCommentsClose CommentsPermalink