[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[S. 1458 Placed on Calendar Senate (PCS)]
Calendar No. 124
112th CONGRESS
1st Session
S. 1458
[Report No. 112-43]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 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 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.
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 2012''.
(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. Personnel ceiling adjustments.
Sec. 104. 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. Enhancement of authority for flexible personnel management
among the elements of the intelligence
community.
Sec. 304. Cost estimates.
Sec. 305. Preparation of nuclear proliferation assessment statements.
Sec. 306. Detainees held at United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 307. Updates of intelligence relating to terrorist recidivism of
detainees held at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 308. Submission of information on Guantanamo Bay detainee
transfers.
Sec. 309. Enhanced procurement authority to manage supply chain risk.
Sec. 310. Report on burial allowances.
Sec. 311. Modification of certain reporting requirements.
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.
Sec. 402. Application of certain financial reporting requirements to
the Office of the Director of National
Intelligence.
Sec. 403. Public availability of information regarding the Inspector
General of the Intelligence Community.
Sec. 404. Technical correction to the Executive Schedule.
Subtitle B--Central Intelligence Agency
Sec. 411. Foreign language proficiency requirements for Central
Intelligence Agency officers.
Sec. 412. Acceptance of gifts.
Sec. 413. Public availability of information regarding the Inspector
General of the Central Intelligence Agency.
Sec. 414. Recruitment of personnel in the Office of the Inspector
General.
Subtitle C--National Security Agency
Sec. 421. Confirmation of appointment of the Director of the National
Security Agency.
Sec. 422. Additional authorities for National Security Agency security
personnel.
Subtitle D--Other Elements
Sec. 431. Appropriations for defense intelligence elements: accounts
for transfer; transfer.
Sec. 432. Federal Bureau of Investigation participation in the
Department of Justice leave bank.
Sec. 433. Intelligence community membership of the Office of
Intelligence and Analysis of the Department
of Homeland Security.
TITLE V--OTHER MATTERS
Sec. 501. Conforming the FISA Amendments Act of 2008 sunset with other
FISA sunsets.
Sec. 502. Technical amendments to the National Security Act of 1947.
Sec. 503. Technical amendments to title 18, United States Code.
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 2012
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, 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. __ 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. 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.
(b) Authority for Conversion of Activities Performed by Contract
Personnel.--
(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.
(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.
(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--
(1) in a student program, trainee program, or similar
program;
(2) in a reserve corps or as a reemployed annuitant; or
(3) in details, joint duty, or long-term, full-time
training.
(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).
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.
(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.
(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 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.
(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).
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 2012 the sum of
$513,700,000.
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
that 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. ENHANCEMENT OF AUTHORITY FOR FLEXIBLE PERSONNEL MANAGEMENT
AMONG THE ELEMENTS OF THE INTELLIGENCE COMMUNITY.
Section 102A of the National Security Act of 1947 (50 U.S.C. 403-1)
is amended by adding at the end the following new subsection:
``(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--
``(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; and
``(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.
``(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.
``(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.''.
SEC. 304. COST ESTIMATES.
(a) In General.--Section 506A of the National Security Act of 1947
(50 U.S.C. 415a-1) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``(A)'' after ``(2)''; and
(B) by inserting at the end the following new
subparagraph:
``(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.''; and
(2) in subsection (e)(2)--
(A) by inserting ``(A)'' after ``(2)'';
(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,''; and
(C) by adding at the end the following:
``(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--
``(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; and
``(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.''.
(b) Effective Date.--The amendments made by this section shall take
effect 180 days after the date of the enactment of this Act.
SEC. 305. PREPARATION OF NUCLEAR PROLIFERATION ASSESSMENT STATEMENTS.
Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is
amended--
(1) in subsection a., in the first undesignated paragraph
after paragraph (9)--
(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.''; and
(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'';
(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,''; and
(3) in subsection d., in the first proviso, by striking
``prepared by the Secretary of State,'' and inserting
``prepared pursuant to this section,''.
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 (Public Law 111-83; 123 Stat. 2178) is
amended--
(1) in the matter preceding paragraph (1), by striking ``15
days'' and inserting ``30 days'';
(2) in paragraph (3), by striking ``such agreement.'' and
inserting ``such agreement and any monitoring assurances
provided by such government.''; and
(3) by adding at the end the following new paragraph:
``(4) The agency or department of the United States
responsible for ensuring that the agreement described in
paragraph (3) is carried out.''.
(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 Public Law 111-88; 123 Stat.
2963) is amended--
(1) in the matter preceding paragraph (1), by striking ``15
days'' and inserting ``30 days'';
(2) in paragraph (3), by striking ``such agreement.'' and
inserting ``such agreement and any monitoring assurances
provided by such government.''; and
(3) by adding at the end the following new paragraph:
``(4) The agency or department of the United States
responsible for ensuring that the agreement described in
paragraph (3) is carried out.''.
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 (Public Law 111-259; 124 Stat. 2688) is amended--
(1) in the matter preceding paragraph (1), by inserting
``(a) In General.--'' before ``Not''; and
(2) by adding at the end the following new subsection:
``(b) Updates.--
``(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.
``(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).''.
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.
(b) Information Required.--The information required by subsection
(a) shall include the following:
(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.
(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.
(3) Each Department of State cable, memorandum, or report
relating to or describing the threat such an individual may or
may not pose.
SEC. 309. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK.
(a) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means any
element of the intelligence community other than an element
within the Department of Defense.
(2) Covered item of supply.--The term ``covered item of
supply'' means an item of information technology (as that term
is defined in section 11101 of title 40, United States Code)
that is purchased for inclusion in a covered system, and the
loss of integrity of which could result in a supply chain risk
for a covered system.
(3) Covered procurement.--The term ``covered procurement''
means--
(A) a source selection for a covered system or a
covered item of supply; or
(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.
(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:
(A) The exclusion of a source for the purpose of
reducing supply chain risk in the acquisition of
covered systems.
(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.
(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.
(5) Covered system.--
(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--
(i) the function, operation, or use of
which--
(I) involves intelligence
activities;
(II) involves cryptologic
activities related to national
security;
(III) involves command and control
of military forces;
(IV) involves equipment that is an
integral part of a weapon or weapons
system; or
(V) subject to subparagraph (B), is
critical to the direct fulfillment of
military or intelligence missions; or
(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.
(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).
(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.
(b) Authority.--Subject to subsection (c), the head of a covered
agency may, in conducting intelligence and intelligence-related
activities--
(1) carry out a covered procurement action; and
(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.
(c) Determination and Notification.--The head of a covered agency
may exercise the authority provided in subsection (b) only after--
(1) any appropriate consultation with procurement or other
relevant officials of the covered agency;
(2) making a determination in writing, in unclassified or
classified form, that--
(A) use of the authority in subsection (b)(1) is
necessary to protect national security by reducing
supply chain risk;
(B) less intrusive measures are not reasonably
available to reduce such supply chain risk; and
(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;
(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; and
(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.
(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.
(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.
(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 (Public Law 111-383; 10 U.S.C.
2304 note) expires.
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.
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 (50 U.S.C. 403-1b(b)) is amended by striking paragraphs (3) and
(4).
(b) Intelligence Authorization Act for Fiscal Year 2003.--Section
904(d)(1) of the Intelligence Authorization Act for Fiscal Year 2003
(50 U.S.C. 402c(d)(1)) is amended by striking ``on an annual basis''.
(c) Intelligence Authorization Act for Fiscal Year 1997.--Section
721 of the Intelligence Authorization Act for Fiscal Year 1997 (50
U.S.C. 2366) is amended by adding at the end the following new
subsection:
``(d) Effective Date.--This section shall be in effect until
January 1, 2011.''.
(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--
(1) by striking subsection (b); and
(2) in subsection (c), by striking ``reports referred to in
subsections (a) and (b)'' and inserting ``report referred to in
subsection (a)''.
(e) Report on Temporary Personnel Authorizations for Critical
Language Training.--Paragraph (3)(D) of section 102A(e) of the National
Security Act of 1947 (50 U.S.C. 403-1(e)), as amended by section 306 of
the Intelligence Authorization Act for Fiscal Year 2010 (Public Law
111-259; 124 Stat. 2661), is amended by striking ``The'' and inserting
``For each of the fiscal years 2010, 2011, and 2012, the''.
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.
Section 103 of the National Security Act of 1947 (50 U.S.C. 403-3)
is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(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--
``(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'; and
``(2) in subparagraph (A), by substituting `the
intelligence community' for `such agency'.''.
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 section 3515 of title 31, United States Code, to submit an audited
financial statement shall not apply to the Office of the Director of
National Intelligence if the Director of National Intelligence
determines and notifies the congressional intelligence committees that
audited financial statements for such years for such Office cannot be
produced on a cost-effective basis.
SEC. 403. PUBLIC AVAILABILITY OF INFORMATION REGARDING THE INSPECTOR
GENERAL OF THE INTELLIGENCE COMMUNITY.
Section 103H of the National Security Act of 1947 (50 U.S.C. 403-
3h) is amended by adding at the end the following new subsection:
``(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.
``(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.''.
SEC. 404. TECHNICAL CORRECTION TO THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by
inserting after the item relating to the Chief Information Officer,
Small Business Administration the following new item:
``Chief Information Officer of the Intelligence
Community.''.
Subtitle B--Central Intelligence Agency
SEC. 411. FOREIGN LANGUAGE PROFICIENCY REQUIREMENTS FOR CENTRAL
INTELLIGENCE AGENCY OFFICERS.
(a) In General.--Section 104A(g) of the National Security Act of
1947 (50 U.S.C. 403-4a(g)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``in the Directorate of
Intelligence career service or the National
Clandestine Service career service'' after ``an
individual'';
(ii) by inserting ``or promoted'' after
``appointed''; and
(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.'';
(B) by striking subparagraphs (A) and (B); and
(2) in paragraph (2), by striking ``position or category of
positions'' both places that term appears and inserting
``position, category of positions, or occupation''.
(b) Effective Date.--Section 611(b) of the Intelligence
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 50 U.S.C.
403-4a note) is amended--
(1) by inserting ``or promotions'' after ``appointments'';
and
(2) by striking ``that is one year after the date''.
(c) Report on Waivers.--Section 611(c) of the Intelligence
Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat.
3955) is amended--
(1) in the first sentence--
(A) by striking ``positions'' and inserting
``individual waivers''; and
(B) by striking ``Directorate of Operations'' and
inserting ``National Clandestine Service''; and
(2) in the second sentence, by striking ``position or
category of positions'' and inserting ``position, category of
positions, or occupation''.
(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--
(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; and
(2) did not meet the foreign language requirements
specified in section 104A(g)(1) of the National Security Act of
1947 (50 U.S.C. 403-4a(g)(1)) at the time of such transfer.
SEC. 412. ACCEPTANCE OF GIFTS.
Section 12 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403l(a)) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by striking the second and third sentences and
inserting the following:
``(2) Any gift accepted under this section (and any income produced
by any such gift)--
``(A) may be used only for--''
``(i) artistic display;
``(ii) purposes relating to the general welfare,
education, or recreation of employees or dependents of
employees of the Agency or for similar purposes; or
``(iii) purposes relating to the welfare,
education, or recreation of an individual described in
paragraph (3); and
``(B) under no circumstances may such a gift (or any income
produced by any such gift) be used for operational purposes.
``(3) An individual described in this paragraph is an individual
who--
``(A) is an employee or a former employee of the Agency who
suffered injury or illness while employed by the Agency that--
``(i) resulted from hostile or terrorist
activities;
``(ii) occurred in connection with an intelligence
activity having a significant element of risk; or
``(iii) occurred under other circumstances
determined by the Director to be analogous to the
circumstances described in clause (i) or (ii);
``(B) is a family member of such an employee or former
employee; or
``(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).
``(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.
``(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).'';
and
(2) by adding at the end the following new subsection:
``(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--
``(1) the avoidance of any prohibited conflict of interest
or appearance of impropriety; and
``(2) a prohibition against the acceptance of a gift from a
foreign government or an agent of a foreign government.''.
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 (50
U.S.C. 403q) is amended by adding at the end the following new
subsection:
``(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.
``(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.''.
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--
(1) identification of any barriers or disincentives to the
recruitment or retention of experienced investigators within
the Office of the Inspector General; and
(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.
(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--
(1) any recommendations of the Director for legislative
action based on the results of the study conducted under
subsection (a); and
(2) a description of any administrative actions taken by
the Director based on such results.
Subtitle C--National Security Agency
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 (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.
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 (50 U.S.C.
402 note) is amended to read as follows:
``(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).''.
(b) Conforming Amendment Relating to Tort Liability.--Paragraph (1)
of section 11(d) of the National Security Agency Act of 1959 (50 U.S.C.
402 note) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) transport an individual pursuant to subsection
(a)(2).''.
Subtitle D--Other Elements
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:
``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:
``(1) Appropriations transferred by the Secretary of
Defense from appropriations of the Department of Defense
available for intelligence, intelligence-related activities,
and communications.
``(2) Appropriations and other amounts transferred by the
Director of National Intelligence.
``(3) Amounts and reimbursements in connection with
transactions authorized by law between the defense intelligence
elements and other entities.
``(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 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.
``(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.
``(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.
``(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)).''.
(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. 432. FEDERAL BUREAU OF INVESTIGATION PARTICIPATION IN THE
DEPARTMENT OF JUSTICE LEAVE BANK.
Subsection (b) of section 6372 of title 5, United States Code, is
amended to read as follows:
``(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.
``(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.''.
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 (50 U.S.C.
401a(4)(K)) is amended to read as follows:
``(K) The Office of Intelligence and Analysis of
the Department of Homeland Security.''.
TITLE V--OTHER MATTERS
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 (Public Law 110-261; 50 U.S.C. 1881 note) is amended by striking
``December 31, 2012'' and inserting ``June 1, 2015''.
(b) Technical and Conforming Amendments.--Section 403(b)(2) of such
Act (Public Law 110-261; 122 Stat. 2474) is amended by striking
``December 31, 2012'' and inserting ``June 1, 2015''.
(c) Orders in Effect.--Section 404(b)(1) of such Act (Public Law
110-261; 50 U.S.C. 1801 note) is amended in the heading by striking
``December 31, 2012'' and inserting ``June 1, 2015''.
SEC. 502. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended--
(1) in section 3(6) (50 U.S.C. 401a(6)), by striking
``Director of Central Intelligence'' and inserting ``Director
of National Intelligence'';
(2) in section 506(b) (50 U.S.C. 415a(b)), by striking
``Director of Central Intelligence.'' and inserting ``Director
of National Intelligence.''; and
(3) in section 506A(c)(2)(C) (50 U.S.C. 415a-1(c)(2)(C)),
by striking ``National Foreign Intelligence Program'' both
places that term appears and inserting ``National Intelligence
Program''.
SEC. 503. TECHNICAL AMENDMENTS TO TITLE 18, UNITED STATES CODE.
Section 351(a) of title 18, United States Code, is amended--
(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,''; and
(2) by striking ``Central Intelligence,'' and inserting
``the Central Intelligence Agency,''.
Calendar No. 124
112th CONGRESS
1st Session
S. 1458
[Report No. 112-43]
_______________________________________________________________________
A 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.
_______________________________________________________________________
August 1, 2011
Read twice and placed on the calendar
