II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Intelligence Authorization Act for Fiscal Year 2011’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) CONGRESSIONAL INTELLIGENCE COMMIT6 TEES.—The term ‘‘congressional intelligence com7 mittees’’ means— 

8 (A) the Select Committee on Intelligence of 

9 the Senate; and 


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1 (B) the Permanent Select Committee on 

2 Intelligence of the House of Representatives. 

3 (2) INTELLIGENCE COMMUNITY.—The term 

4 ‘‘intelligence community’’ has the meaning given 

5 that term in section 3(4) of the National Security 

6 Act of 1947 (50 U.S.C. 401a(4)). 

7 TITLE I—BUDGET AND 

8 PERSONNEL AUTHORIZATIONS 

9 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2011 for the conduct of the intelligence and 

12 intelligence-related activities of the following elements of 

13 the United States Government: 

14 (1) The Office of the Director of National Intel15 ligence. 

16 (2) The Central Intelligence Agency. 

17 (3) The Department of Defense. 

18 (4) The Defense Intelligence Agency. 

19 (5) The National Security Agency. 

20 (6) The Department of the Army, the Depart21 ment of the Navy, and the Department of the Air 

22 Force. 

23 (7) The Coast Guard. 

24 (8) The Department of State. 

25 (9) The Department of the Treasury. 


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1 (10) The Department of Energy. 

2 (11) The Department of Justice. 

3 (12) The Federal Bureau of Investigation. 

4 (13) The Drug Enforcement Administration. 

5 (14) The National Reconnaissance Office. 

6 (15) The National Geospatial-Intelligence Agen7 cy. 

8 (16) The Department of Homeland Security. 

9 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

10 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

11 LEVELS.—The amounts authorized to be appropriated 

12 under section 101 and the authorized personnel levels (ex13 pressed as full-time equivalent positions) as of September 

14 30, 2011, for the conduct of the intelligence activities of 

15 the elements listed in paragraphs (1) through (16) of sec16 tion 101, are those specified in the classified Schedule of 

17 Authorizations prepared to accompany the bill S. ll of 

18 the One Hundred Twelfth Congress. 

19 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU20 THORIZATIONS.—The classified Schedule of Authoriza21 tions referred to in subsection (a) shall be made available 

22 to the Committee on Appropriations of the Senate, the 

23 Committee on Appropriations of the House of Representa24 tives, and to the President. The President shall provide 


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1 for suitable distribution of the Schedule, or of appropriate 

2 portions of the Schedule, within the executive branch. 

3 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC4 COUNT. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated for the Intelligence Commu7 nity Management Account of the Director of National In8 telligence for fiscal year 2011 the sum of $649,732,000. 

9 Within such amount, funds identified in the classified 

10 Schedule of Authorizations referred to in section 102(a) 

11 for advanced research and development shall remain avail12 able until September 30, 2012. 

13 (b) AUTHORIZED PERSONNEL LEVELS.—The ele14 ments within the Intelligence Community Management 

15 Account of the Director of National Intelligence are au16 thorized 648 full-time equivalent personnel as of Sep17 tember 30, 2011. Personnel serving in such elements may 

18 be permanent employees of the Office of the Director of 

19 National Intelligence or personnel detailed from other ele20 ments of the United States Government. 

21 (c) CLASSIFIED AUTHORIZATIONS.— 

22 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

23 addition to amounts authorized to be appropriated 

24 for the Intelligence Community Management Ac25 count by subsection (a), there are authorized to be 


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1 appropriated for the Community Management Ac2 count for fiscal year 2011 such additional amounts 

3 as are specified in the classified Schedule of Author4 izations referred to in section 102(a). Such addi5 tional amounts made available for advanced research 

6 and development shall remain available until Sep7 tember 30, 2012. 

8 (2) AUTHORIZATION OF PERSONNEL.—In addi9 tion to the personnel authorized by subsection (b) 

10 for elements of the Intelligence Community Manage11 ment Account as of September 30, 2011, there are 

12 authorized such full-time equivalent personnel for 

13 the Community Management Account as of that 

14 date as are specified in the classified Schedule of 

15 Authorizations referred to in section 102(a). 

16 TITLE II—CENTRAL INTEL17 LIGENCE AGENCY RETIRE18 MENT AND DISABILITY SYS19 TEM 

20 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated for the Cen22 tral Intelligence Agency Retirement and Disability Fund 

23 for fiscal year 2011 the sum of $292,000,000. 


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1 TITLE III—GENERAL INTEL2 LIGENCE COMMUNITY MAT3 TERS 

4 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

5 ACTIVITIES. 

6 The authorization of appropriations by this Act shall 

7 not be deemed to constitute authority for the conduct of 

8 any intelligence activity which is not otherwise authorized 

9 by the Constitution or the laws of the United States. 

10 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

11 BENEFITS AUTHORIZED BY LAW. 

12 Appropriations authorized by this Act for salary, pay, 

13 retirement, and other benefits for Federal employees may 

14 be increased by such additional or supplemental amounts 

15 as may be necessary for increases in such compensation 

16 or benefits authorized by law. 

17 SEC. 303. NON-REIMBURSABLE DETAIL OF OTHER PER18 SONNEL. 

19 (a) IN GENERAL.—Section 113A of the National Se20 curity Act of 1947 (50 U.S.C. 404h–1) is amended to read 

21 as follows: 

22 ‘‘NON-REIMBURSABLE DETAIL OF OTHER PERSONNEL

23 ‘‘SEC. 113A. An officer or employee of the United 

24 States or member of the Armed Forces may be detailed 

25 to the staff of an element of the intelligence community 


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1 funded through the National Intelligence Program from 

2 another element of the intelligence community or from an3 other element of the United States Government on a non4 reimbursable basis, as jointly agreed to by the heads of 

5 the receiving and detailing elements, for a period not to 

6 exceed two years. This section does not limit any other 

7 source of authority for reimbursable or non-reimbursable 

8 details.’’. 

9 (b) TABLE OF CONTENTS AMENDMENT.—The table 

10 of contents in the first section of such Act is amended 

11 by striking the item relating to section 113A and inserting 

12 the following: 

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

13 TITLE IV—MATTERS RELATING 

14 TO ELEMENTS OF THE INTEL15 LIGENCE COMMUNITY 

16 Subtitle A—Office of the Director 

17 of National Intelligence 

18 SEC. 401. SCHEDULE AND REQUIREMENTS FOR THE NA19 TIONAL COUNTERINTELLIGENCE STRATEGY. 

20 Section 904(d)(2) of the Counterintelligence En21 hancement Act of 2002 (50 U.S.C. 402c(d)(2)) is amend22 ed— 

23 (1) by striking ‘‘Subject’’ and inserting the fol24 lowing: 


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1 ‘‘(A) REQUIREMENT TO PRODUCE.—Sub2 ject’’; 

3 (2) by striking ‘‘on an annual basis’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(B) REVISION AND REQUIREMENT.—The 

6 National Counterintelligence Strategy shall be 

7 revised or updated at least once every three 

8 years and shall be aligned with the strategy and 

9 policies of the Director of National Intel10 ligence.’’. 

11 SEC. 402. INSIDER THREAT DETECTION PROGRAM. 

12 (a) INITIAL OPERATING CAPABILITY.—Not later 

13 than October 1, 2012, the Director of National Intel14 ligence shall establish an initial operating capability for 

15 an effective automated insider threat detection program 

16 for the information resources in each element of the intel17 ligence community in order to detect unauthorized access 

18 to, or use or transmission of, classified intelligence. 

19 (b) FULL OPERATING CAPABILITY.—Not later than 

20 October 1, 2013, the Director of National Intelligence 

21 shall ensure the program described in subsection (a) has 

22 reached full operating capability. 

23 (c) REPORT.—Not later than December 1, 2011, the 

24 Director of National Intelligence shall submit to the con25 gressional intelligence committees a report on the reVerDate Mar 15 2010 22:25 Apr 04, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S719.PCS S719

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1 sources required to implement the insider threat detection 

2 program referred to in subsection (a) and any other issues 

3 related to such implementation the Director considers ap4 propriate to include in the report. 

5 (d) INFORMATION RESOURCES DEFINED.—In this 

6 section, the term ‘‘information resources’’ means net7 works, systems, workstations, servers, routers, applica8 tions, databases, websites, online collaboration environ9 ments, and any other information resources in an element 

10 of the intelligence community designated by the Director 

11 of National Intelligence. 

12 SEC. 403. UNAUTHORIZED DISCLOSURE OF CLASSIFIED IN13 FORMATION. 

14 (a) REQUIREMENT FOR PROHIBITION.—Not later 

15 than 90 days after the date of the enactment of this Act, 

16 the Director of National Intelligence, in coordination with 

17 the head of each element of the intelligence community, 

18 shall publish regulations that— 

19 (1) are consistent with any procedures estab20 lished by Executive order or regulation under section 

21 801 of the National Security Act of 1947 (50 U.S.C. 

22 435); 

23 (2) require each employee of an element of the 

24 intelligence community to sign a written agreement 

25 as described in subsection (b); and 


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1 (3) set forth the administrative procedures ap2 plicable to an employee who violates the terms of 

3 such an agreement. 

4 (b) AGREEMENT DESCRIBED.—An agreement de5 scribed in this subsection is an agreement, with respect 

6 to an individual employed by an element of the intelligence 

7 community, that— 

8 (1) prohibits the individual from disclosing clas9 sified information without authorization at any time 

10 during or subsequent to employment with an ele11 ment of the intelligence community; 

12 (2) requires the individual to comply with all 

13 prepublication review requirements contained in any 

14 nondisclosure agreement between the individual and 

15 an element of the intelligence community; 

16 (3) specifies appropriate disciplinary actions, in17 cluding the surrender of any current or future Fed18 eral Government pension benefit, to be taken against 

19 the individual if the Director of National Intelligence 

20 or the head of the appropriate element of the intel21 ligence community determines that the individual 

22 has knowingly violated the prepublication review re23 quirements contained in a nondisclosure agreement 

24 between the individual and an element of the intel25 ligence community in a manner that disclosed classiVerDate Mar 15 2010 22:25 Apr 04, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S719.PCS S719

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1 fied information to an unauthorized person or entity; 

2 and 

3 (4) describes procedures for making and review4 ing determinations under paragraph (3) in a manner 

5 that is consistent with the due process and appeal 

6 rights otherwise available to an individual who is 

7 subject to the same or similar disciplinary action 

8 under other law. 

9 (c) FEDERAL GOVERNMENT PENSION BENEFIT DE10 SCRIBED.—In this section, the term ‘‘Federal Government 

11 pension benefit’’ does not include the following: 

12 (1) Any contributions by a person to a Federal 

13 Government pension plan, in their fair market value. 

14 (2) Any old age benefits payable to a person 

15 under title II of the Social Security Act (42 U.S.C. 

16 401 et seq.). 

17 (3) Any employee benefits or contributions of a 

18 person under the Thrift Savings Plan under sub19 chapter III of chapter 84 of title 5, United States 

20 Code, or any successor benefit program. 

21 Subtitle B—Other Elements 

22 SEC. 411. DEFENSE INTELLIGENCE AGENCY COUNTER23 INTELLIGENCE AND EXPENDITURES. 

24 Section 105 of the National Security Act of 1947 (50 

25 U.S.C. 403–5) is amended— 


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1 (1) in subsection (b)(5), by inserting ‘‘and 

2 counterintelligence’’ after ‘‘human intelligence’’; 

3 (2) by redesignating subsection (c) as sub4 section (d); and 

5 (3) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) EXPENDITURE OF FUNDS BY THE DEFENSE IN8 TELLIGENCE AGENCY.—(1) Subject to paragraphs (2) 

9 and (3), the Director of the Defense Intelligence Agency 

10 may expend amounts made available to the Director for 

11 human intelligence and counterintelligence activities for 

12 objects of a confidential, extraordinary, or emergency na13 ture, without regard to the provisions of law or regulation 

14 relating to the expenditure of Government funds. 

15 ‘‘(2) The Director of the Defense Intelligence Agency 

16 may not expend more than five percent of the amounts 

17 made available to the Director for human intelligence and 

18 counterintelligence activities for a fiscal year for objects 

19 of a confidential, extraordinary, or emergency nature in 

20 accordance with paragraph (1) during such fiscal year un21 less— 

22 ‘‘(A) the Director notifies the congressional in23 telligence committees of the intent to expend the 

24 amounts; and 


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1 ‘‘(B) 30 days have elapsed from the date of on 

2 which the Director notifies the congressional intel3 ligence committees in accordance with subparagraph 

4 (A). 

5 ‘‘(3) For each expenditure referred to in paragraph 

6 (1), the Director shall certify that such expenditure was 

7 made for an object of a confidential, extraordinary, or 

8 emergency nature. 

9 ‘‘(4) Not later than December 31 of each year, the 

10 Director of the Defense Intelligence Agency shall submit 

11 to the congressional intelligence committees a report on 

12 any expenditures made during the preceding fiscal year 

13 in accordance with paragraph (1).’’. 

14 SEC. 412. ACCOUNTS AND TRANSFER AUTHORITY FOR AP15 PROPRIATIONS AND OTHER AMOUNTS FOR 

16 THE INTELLIGENCE ELEMENTS OF THE DE17 PARTMENT OF DEFENSE. 

18 (a) IN GENERAL.—Chapter 21 of title 10, United 

19 States Code, is amended by inserting after section 428 the 

20 following new section: 

21 ‘‘§ 429. Appropriations for defense intelligence ele22 ments: accounts for transfer; transfer 

23 ‘‘(a) TRANSFERS AUTHORIZED.—(1) There may be 

24 transferred to an account established pursuant to sub25 section (b) the following: 


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1 ‘‘(A) Appropriations transferred by the Sec2 retary of Defense from appropriations of the Depart3 ment of Defense available for intelligence, intel4 ligence-related activities, and communications. 

5 ‘‘(B) Appropriations and other amounts trans6 ferred by the Director of National Intelligence from 

7 appropriations and other amounts available for the 

8 defense intelligence elements. 

9 ‘‘(C) Amounts and reimbursements in connec10 tion with transactions authorized by law between the 

11 defense intelligence elements and other entities. 

12 ‘‘(2) The transfer authority of the Secretary of De13 fense under paragraph (1)(A) is in addition to any other 

14 transfer authority available to the Secretary by law. 

15 ‘‘(b) ACCOUNTS FOR APPROPRIATIONS FOR DEFENSE

16 INTELLIGENCE ELEMENTS.—The Secretary of the Treas17 ury shall establish one or more accounts for the receipt 

18 of appropriations and other amounts transferred pursuant 

19 to subsection (a). 

20 ‘‘(c) AVAILABILITY OF APPROPRIATIONS AND

21 AMOUNTS TRANSFERRED.—(1) Appropriations trans22 ferred pursuant to subsection (a) shall remain available 

23 for the same time period, and shall be available for the 

24 same purposes, as the appropriations from which trans25 ferred. 


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1 ‘‘(2) Appropriation balances in an account estab2 lished pursuant to subsection (b) may be transferred back 

3 to the account or accounts from which such balances origi4 nated as an appropriation refund. 

5 ‘‘(d) DEFENSE INTELLIGENCE ELEMENTS DE6 FINED.—In this section, the term ‘defense intelligence ele7 ments’ means the agencies, offices, and elements of the 

8 Department of Defense that are included within the ele9 ments of the intelligence community specified in or des10 ignated under section 3(4) of the National Security Act 

11 of 1947 (50 U.S.C. 401a(4)).’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of subchapter I of chapter 21 of such 

14 title is amended by inserting after the item relating to sec15 tion 428 the following new item: 

‘‘429. Appropriations for defense intelligence elements: accounts for transfer; 

transfer.’’. 

16 SEC. 413. CONFIRMATION OF APPOINTMENT OF THE DI17 RECTOR OF THE NATIONAL SECURITY AGEN18 CY. 

19 (a) DIRECTOR OF NATIONAL SECURITY AGENCY.— 

20 Section 2 of the National Security Agency Act of 1959 

21 (50 U.S.C. 402 note) is amended— 

22 (1) by inserting ‘‘(b)’’ before ‘‘There’’; and 


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1 (2) by inserting before subsection (b), as so 

2 designated by paragraph (1), the following new sub3 section 

4 ‘‘(a)(1) There is a Director of the National Security 

5 Agency. 

6 ‘‘(2) The Director of the National Security Agency 

7 shall be appointed by the President, by and with the advice 

8 and consent of the Senate. 

9 ‘‘(3) The Director of the National Security Agency 

10 shall be the head of the National Security Agency and 

11 shall discharge such functions and duties as are provided 

12 by this Act or otherwise by law.’’. 

13 (b) POSITIONS OF IMPORTANCE AND RESPONSI14 BILITY.—The President may designate the Director of the 

15 National Security Agency as a position of importance and 

16 responsibility under section 601 of title 10, United States 

17 Code. 

18 (c) EFFECTIVE DATE AND APPLICABILITY.— 

19 (1) IN GENERAL.—The amendments made by 

20 subsection (a) shall take effect on the date of the en21 actment of this Act and shall apply upon the earlier 

22 of— 

23 (A) the date of the nomination by the 

24 President of an individual to serve as the Direc25 tor of the National Security Agency, except that 


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1 the individual serving as such Director as of the 

2 date of the enactment of this Act may continue 

3 to perform such duties after such date of nomi4 nation and until the individual appointed as 

5 such Director, by and with the advice and con6 sent of the Senate, assumes the duties of such 

7 Director; or 

8 (B) the date of the cessation of the per9 formance of the duties of such Director by the 

10 individual performing such duties as of the date 

11 of the enactment of this Act. 

12 (2) POSITIONS OF IMPORTANCE AND RESPONSI13 BILITY.—Subsection (b) shall take effect on the date 

14 of the enactment of this Act. 


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Calendar No. 25 

112TH CONGRESS 

1ST SESSION S. 719 

A BILL 

To authorize appropriations for fiscal year 2011 for 

tem, and for other purposes. ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Community intelligence and intelligence-related activities of 

APRIL 4, 2011 

Read twice and placed on the calendar 


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