[Congressional Record Volume 158, Number 93 (Tuesday, June 19, 2012)]
[Senate]
[Pages S4307-S4308]
AUTHORIZING CERTAIN FUNDS FOR AN INTELLIGENCE OR INTELLIGENCE-RELATED
ACTIVITY
Mrs. BOXER. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3314 introduced earlier
today.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant bill clerk read as follows:
A bill (S. 3314) to specifically authorize certain funds
for an intelligence or intelligence-related activity, and for
other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mrs. FEINSTEIN. Mr. President, Vice Chairman Chambliss and I are
introducing a bill today to authorize funds included in the fiscal year
2012 Defense Appropriations Act that were not previously authorized.
Last year, the classified annex to the Department of Defense
Appropriations Act, 2012, division A of the conference report on H.R.
2055, the Consolidated Appropriations Act, 2012, added three funding
lines for two separate intelligence programs. While those programs are
part of the National Intelligence Program, these additional funds were
placed in a separate budgetary account, the Military Intelligence
Program.
The additional funds for these items included in the defense
appropriations conference annex were not included in the Intelligence
Authorization Act for fiscal year 2012, Public Law 112 87, which
authorized the National Intelligence Program budget. Neither were the
additional funds for these items included in the National Defense
Authorization Act for fiscal year 2012, Public Law 112 81, which
authorized the Military Intelligence Program budget.
This created a situation in which funds for an intelligence program
were appropriated but not authorized in statute. Section 504(a)(1) of
the National Security Act states that funds may be obligated or
expended for an intelligence or intelligence-related activity only if
those funds were specifically authorized by the Congress for such
activities.
As a result, the additional funds appropriated for these items have
not been specifically authorized as required by section 504 and,
therefore, may not be obligated or expended for these intelligence
activities.
Vice Chairman Chambliss and I have no substantive objections to
expending the appropriated funds for these specific programs. However,
we hold strongly to the principle that intelligence funds must be
authorized if they are to be spent--this is one of the major purposes
of the annual intelligence authorization bills.
We have discussed this matter with the Director of National
Intelligence James Clapper and the Secretary of Defense Leon Panetta,
and have agreed to seek passage of this legislation to permit them to
spend these funds for the purposes identified in the 2012 Defense
Appropriations Act.
The bill we are introducing today is very simple and quite short. It
specifically authorizes the increased funding for these specific items
to the extent that they are in excess to the amounts authorized in the
Intelligence Authorization Act for fiscal year 2012.
For reasons of classification, I can't describe the nature of these
intelligence programs on the Floor. Any Member, however, is welcome to
come to the Intelligence Committee office and receive a briefing on the
programs and why the funding is important.
I believe this legislation is necessary as a technical correction to
permit funds already appropriated to be obligated and expended. I
appreciate the work and cooperation of my Vice Chairman Senator
Chambliss on this matter and hope this legislation will move quickly to
enactment.
Mrs. BOXER. Mr. President, I further ask that the bill be read three
times, and the Senate proceed to a voice vote on passage of the
measure.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. Is there any further debate?
If not, the bill having been read the third time, the question is,
shall the bill pass?
The bill (S. 3314) was passed, as follows:
[[Page S4308]]
S. 3314
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION OF FUNDS FOR INTELLIGENCE
ACTIVITIES.
Funds appropriated for an intelligence or intelligence-
related activity of the United States Government as described
on the last three lines in the table entitled Military
Intelligence Program, Fiscal Year 2012 Recommendation,
Summary on the third page after page 69 of the funding tables
in the classified annex to the Joint Explanatory Statement of
the Committee of Conference to accompany the Consolidated
Appropriations Act, 2012 (Public Law 112 74; 125 Stat. 786),
in excess of the amount specified for such activity in the
tables in the classified annex prepared to accompany the
Intelligence Authorization Act for Fiscal Year 2012 (Public
Law 112 87; 125 Stat. 1876) shall be specifically authorized
by Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414).
Mrs. BOXER. I further ask that the motion to reconsider be laid upon
the table with no intervening action or debate, and that any statements
relating to the measure be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________