[Congressional Bills 112th Congress]
[From the U.S. Government Publishing 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