[Congressional Record Volume 158, Number 169 (Friday, December 28, 2012)]
[Senate]
[Pages S8513-S8515]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2013
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 475, S. 3454.
The PRESIDING OFFICER. The clerk will report the bill by title.
A bill (S. 3454) to authorize appropriations for fiscal year 2013 for
intelligence and intelligence-related activities of the United States
Government and the Office of the Director of National Intelligence, the
Central Intelligence Agency Retirement and Disability System, and for
other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mrs. FEINSTEIN. Mr. President, among the unfinished business before
the Senate is the consideration of the Intelligence Authorization Act
for Fiscal Year 2013. I am asking today for unanimous consent to
approve this legislation with a managers' amendment worked out both
with vice chairman Chambliss and the chairman and ranking member of the
House Permanent Select Committee on Intelligence, in consultation with
the Armed Services and Appropriations Committees.
The Senate Select Committee on Intelligence reported its Fiscal Year
2013 bill, S. 3454, with its accompanying report, S. Rpt. 112-192, on
July 30, 2012 by a vote of 14-1. The bill and report have been publicly
available since it was reported. The classified annex reported from the
Committee was also available for all Senators to review in the
Committee's office.
S. 3454 as reported from our Committee was not without controversy,
especially with regard to provisions in the bill that were meant to
address the wholly unacceptable and large-scale disclosures of
classified information to the media.
Since the bill was reported out, the Committee has received
thoughtful comments from our colleagues, media organizations, and from
organizations that advocate for greater governmental transparency. As a
result of these comments, and technical suggestions received from the
Executive Branch, we have decided to remove ten of the twelve sections
in the title of the original bill that addressed unauthorized
disclosures of classified information so that we might ensure enactment
this year of the important other provisions of the bill.
Unfortunately, I am certain that damaging leaks of classified
information will continue, and so the Committee will need to continue
to look for acceptable ways to address this problem.
Let me briefly describe the managers' amendment and where we have
made modifications in what was reported from the Committee.
As always, the intelligence authorization bill has two pieces: the
legislative text, which is unclassified, and a classified annex that
contains the Committee's authorization of intelligence spending.
The bill contains a number of legislative provisions requested by the
Administration to give the intelligence community the authorities and
flexibilities it needs to continue protecting the American people and
providing policymakers information for foreign policy and security
decisions, as well as for the effective and appropriate functioning of
our intelligence apparatus.
Among other things, this bill includes:
Repeal of four recurring reporting requirements burdensome to
Intelligence Community agencies when the information in such reports is
duplicative, or is provided to the Congress through other means. We
regularly hear from intelligence officials that they spend so much time
writing reports that it interferes with collection, analysis, and
management of intelligence activities.
Modification of personnel authorities to facilitate more ``joint
duty'' assignments within the Intelligence Community that will create
shared knowledge across different elements of the IC.
These provisions, and several others that are mainly technical in
nature, were requested by the director of National Intelligence and
incorporated into the bill.
Other sections were initiated by the Committee to assist
Congressional oversight efforts. These include, for example, a
requirement for corrective action plans to be developed to address
[[Page S8514]]
the issue of improper payments made by intelligence agencies. We also
require notification to the congressional intelligence committees under
certain circumstances with respect to certain disclosures of national
intelligence information.
As this managers' amendment represents the combined efforts of the
Senate and House, we have also included three provisions from the
House-passed bill which were not in the Committee's original bill.
These address security clearance reciprocity, subcontractor business
opportunities in the Intelligence Community, and a report on supply
chain vulnerabilities.
I am attaching at the end of this statement a section-by-section
analysis that describes each of the sections of this managers'
amendment.
It is my hope that the provisions in this bill will continue to aid
the Intelligence Community as it conducts its missions, ensure better
stewardship of taxpayer dollars, and support the thousands of civilians
and military employees who work throughout the Intelligence Community.
As I mentioned, this managers' amendment also includes modifications
to the classified annex and the Schedule of Authorizations, modified to
represent the consensus of both congressional intelligence committees.
I am unable to describe in detail the Committee's classified schedule
and annex, but it is available to all Senators for their review in the
Committee's spaces. The Committee has sought to ensure that funding is
authorized to continue and enhance important intelligence collection
and analysis programs, covert actions, and counterintelligence. At the
same time, we have cut funding for programs that were functioning
poorly or at expenditure rates below expectations, and to shift funding
from lower priorities to higher ones.
As always, the Committee has held numerous hearings and briefings on
the President's spending request. As was announced in late October,
intelligence spending decreased slightly in Fiscal Year 2012, and that
trend will continue in Fiscal Year 2013. Our annex contains an overall
funding level that is very close to the President's request, and we
have attempted to find places to reduce spending that will not
sacrifice any important work of the intelligence agencies.
I believe we have addressed all of the concerns that have been
brought to our attention by our colleagues and the public. I thus urge
passage of this managers' amendment and enactment of this important
legislation before the end of the session.
I ask unanimous consent that the section by section analysis be
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Section-by-Section Analysis and Explanation
The following is a section-by-section analysis and
explanation of the Intelligence Authorization Act for Fiscal
Year 2013.
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
Section 101. Authorization of appropriations
Section 101 lists the United States Government departments,
agencies, and other elements for which the Act authorizes
appropriations for intelligence and intelligence-related
activities for Fiscal Year 2013.
Section 102. Classified Schedule of Authorizations
Section 102 provides that the details of the amounts
authorized to be appropriated for intelligence and
intelligence-related activities and the applicable personnel
levels by program for Fiscal Year 2013 are contained in the
classified Schedule of Authorizations and that the classified
Schedule of Authorizations shall be made available to the
Committees on Appropriations of the Senate and House of
Representatives and to the President.
Section 103. Personnel ceiling adjustments
Section 103 is intended to provide additional flexibility
to the Director of National Intelligence (DNI) in managing
the civilian personnel of the Intelligence Community. Section
103(a) provides that the DNI may authorize employment of
civilian personnel in Fiscal Year 2013 in excess of the
number of authorized positions by an amount not exceeding 3
percent of the total limit applicable to each Intelligence
Community element under Section 102. The DNI may do so only
if necessary to the performance of important intelligence
functions.
Section 103(b) requires the DNI to establish guidelines
that would ensure a uniform and accurate method of counting
certain personnel. The DNI has issued such a policy.
Subsection (b) confirms in statute the obligation of the DNI
to establish these guidelines.
The DNI must report the decision to allow an Intelligence
Community element to exceed the personnel ceiling in advance
to the congressional intelligence committees.
Section 104. Intelligence Community Management Account
Section 104 authorizes appropriations for the Intelligence
Community Management Account (ICMA) of the DNI and sets the
authorized personnel levels for the elements within the ICMA
for Fiscal Year 2013.
Subsection (a) authorizes appropriations of $540,721,000
for Fiscal Year 2013 for the activities of the ICMA.
Subsection (b) authorizes 835 positions for elements within
the ICMA for Fiscal Year 2013 and provides that personnel
serving in such elements may be permanent employees of the
Office of the Director of National Intelligence (ODNI) or
detailed from other elements of the United States Government.
Subsection (c) authorizes additional appropriations and
personnel for the classified Community Management Account as
specified in the classified Schedule of Authorizations and
permits the funding for advanced research and development to
remain available through September 30, 2014.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Section 201. Authorization of appropriations
Section 201 authorizes appropriations in the amount of
$514,000,000 for Fiscal Year 2013 for the Central
Intelligence Agency (CIA) Retirement and Disability Fund.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Section 301. Restriction on conduct of intelligence
activities
Section 301 provides that the authorization of
appropriations by the Act shall not be deemed to constitute
authority for the conduct of any intelligence activity that
is not otherwise authorized by the Constitution or laws of
the United States.
Section 302. Increase in employee compensation and benefits
authorized by law
Section 302 provides that funds authorized to be
appropriated 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 compensation or benefits authorized by law.
Section 303. Non-reimbursable details
Section 303 amends Section 113A of the National Security
Act of 1947 (50 U.S.C. 404h-1) to increase the length of time
an officer or employee of the federal government can be
detailed to the staff of an element of the Intelligence
Community funded through the National Intelligence Program
(NIP) from two years to three. In addition, Section 303
clarifies that a non-reimbursable detail made under Section
113A shall not be considered an augmentation of the
appropriations of the receiving element of the Intelligence
Community.
The DNI requested that an extension of the length of
service from two years to three years be made for members of
the Armed Forces detailed to an element of Intelligence
Community. This request was intended to align Section 113A
with requirements for joint duty assignments among the
military. Section 664(a) of Title 10 provides that joint duty
assignments for military officers, other than general and
flag officers, shall be no less than three years. Section 303
provides the flexibility of a three-year length of service to
civilian employees as well as military officers.
Section 304. Automated insider threat detection program
Section 304 extends by one year the milestones for
establishment of an automated insider threat detection
program under Section 402 of the Intelligence Authorization
Act for Fiscal Year 2011 (Public Law 112-18). The
administration had requested a two-year extension of the
milestone for ``initial operating capability'' and a three-
year extension of the milestone for ``full operating
capability.'' The one-year extensions are intended to ensure
that the Intelligence Community moves more rapidly toward
establishment of this program.
Section 305. Software licensing
Section 305 requires the chief information officer for an
element of the Intelligence Community to conduct an inventory
of software licenses held by such element, including those
utilized and unutilized, by the element. This inventory is to
be conducted in consultation with the Chief Information
Officer of the Intelligence Community (CIO) and completed
within 120 days of enactment. Not later than 180 days after
enactment, the CIO shall provide the congressional
intelligence committees with a copy of the reports along with
any comments the CIO wishes to provide. The CIO shall
transmit any portion of a report involving a component of a
department of the U.S. government to the congressional
committees with jurisdiction over such department
simultaneously with submission of such report to the
congressional intelligence committees.
Section 306. Strategy for security clearance reciprocity
Section 306 requires the President to develop a strategy
and process for carrying out the requirements of section
3001(d) of the Intelligence Reform and Terrorism Prevention
Act of 2004, which concerns reciprocity of security clearance
access determinations across agencies.
[[Page S8515]]
Section 307. Improper Payments Elimination and Recovery Act
of 2010 compliance
Section 307 requires the DNI and the directors of the CIA,
the Defense Intelligence Agency (DIA), the National
Geospatial-Intelligence Agency (NGA), and the National
Security Agency (NSA) each to develop a corrective action
plan, with major milestones, that delineates how such
agencies will achieve compliance with the Improper Payments
Elimination and Recovery Act of 2010, not later than
September 30, 2013. Section 307(b) requires the relevant
inspectors general to review the corrective action plan and
assess whether it is likely to lead to compliance. Each
assessment is to be provided to the congressional
intelligence committees. The corrective action plans and
inspector general assessments involving the DIA, NGA, and NSA
shall also be submitted to the armed services committees of
the Senate and House of Representatives.
Section 308. Subcontractor notification process
Section 308 requires the DNI to submit a report to the
congressional intelligence committees assessing the method by
which contractors at any tier under a contract entered into
with an element of the Intelligence Community are granted
security clearances and notified of classified contracting
opportunities within the Federal Government and
recommendations for the improvement of such method.
Section 309. Modification of reporting schedule
Section 309 changes the dates by which the inspectors
general of the Intelligence Community and the CIA are
required to prepare and submit semiannual reports on the
activities of their offices from a calendar year basis to a
fiscal year basis. This change will align these reporting
requirements with the reporting requirements of other
inspectors general in the Intelligence Community and
facilitate joint audits, inspections and investigations.
Section 310. Repeal of certain reporting requirements
Congress frequently requests information from the
Intelligence Community in the form of reports, the contents
of which are specifically defined by statute. The reports
prepared pursuant to these statutory requirements provide
Congress with an invaluable source of information about
specific matters of concern.
Congressional reporting requirements, and particularly
recurring reporting requirements, can place a significant
burden on the resources of the Intelligence Community. In
some cases, annual reports can be replaced with briefings or
notifications that provide the Congress with more timely
information and offer the Intelligence Community a direct
line of communication to respond to congressional concerns.
In response to a request from the DNI, Section 310
eliminates four reports that were burdensome to the
Intelligence Community when the information in the reports
could be obtained through other means or was no longer
considered relevant to current concerns.
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
Section 401. Working capital fund amendments
Section 401 amends Section 21 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403u) to provide authority for
the service providers under the CIA Central Services Program
to use resources to make their services known to their
authorized customer base through government communication
channels, but clarifies this authority shall not be used to
distribute gifts or promotional items. In addition, Section
401 authorizes service providers to deposit receipts from the
sale of their recyclable materials into the CIA working
capital fund.
TITLE V--OTHER MATTERS
Section 501. Homeland Security Intelligence Program
Section 501 establishes the Homeland Security Intelligence
Program (HSIP) within the Department of Homeland Security for
activities of the Office of Intelligence and Analysis (OIA)
that serve predominantly a departmental mission. The OIA is
currently funded through the NIP.
Section 502. Extension of National Commission for the Review
of the Research and Development Programs of the United
States Intelligence Community
Section 502 extends the date by which the National
Commission for the Review of the Research and Development
Programs of the United States Intelligence Community is
required to submit a report on its findings from ``not later
than one year after the date on which all members of the
Commission are appointed pursuant to Section 701(a)(3) of the
Intelligence Authorization Act for Fiscal Year 2010'' to not
later than March 31, 2013, which is effectively one year
after the Commission was able to begin its review. The
extension was requested by the co-chairs of the Commission.
Section 503. Protecting the information technology supply
chain of the United States
Section 503 requires the DNI to submit to the congressional
intelligence committees a report that identifies foreign
suppliers of information technology that are linked directly
or indirectly to a foreign government and assesses the
vulnerability to malicious activity of the telecommunications
networks of the United States due to the presence of
technology produced by such foreign suppliers.
Section 504. Notification regarding the authorized public
disclosure of national intelligence
Section 504 requires government officials responsible for
making certain authorized disclosures of national
intelligence or intelligence related to national security to
notify the congressional intelligence committees on a timely
basis with respect to such disclosures. On a timely basis in
this instance does not mean at the exact same time but should
be sufficiently timely to keep the committees fully and
currently informed.
This provision is intended to ensure that the intelligence
committees are made aware of authorized disclosures of
national intelligence or intelligence related to national
security that are made to media personnel or likely to appear
in the press, so that, among other things, these authorized
disclosures may be distinguished from unauthorized ``leaks.''
Section 504(c) provides that the notification requirement
does not apply to a disclosure made pursuant to statutory
requirements, in connection with civil, criminal or
administrative proceedings, as a result of a declassification
review process under Executive Order 13526, or to cleared
government representatives with a need to know.
Section 504(e) provides a one-year sunset for the
notification requirement in this section.
Section 505. Technical amendments related to the Office of
the Director of National Intelligence
Sections 2302 and 3132 of Title 5 of the United States Code
exclude from the definition of ``agency'' under those
chapters certain specifically listed agencies such as the
CIA. In addition, Sections 2302 and 3132 exclude from the
definition of ``agency'' those executive agencies that the
President determines have as their principal function ``the
conduct of foreign intelligence or counterintelligence
activities.'' Section 505 amends the definition of agency in
Sections 2302 and 3132 to expressly identify the ODNI as an
agency excluded from the definition of ``agency'' under those
chapters.
Section 506. Technical amendment for definition of
intelligence agency
Title VI of the National Security Act of 1947 imposes
criminal penalties for the disclosure of the identity of
covert agents of an intelligence agency. The current
definition of an ``intelligence agency'' does not include the
counterintelligence elements of the Department of Defense or
the intelligence and counterintelligence components of other
elements of the Intelligence Community despite the fact that
these components may be conducting counterintelligence
operations jointly with the Federal Bureau of Investigation
or under their own independent authority. Section 506 thus
amends Section 606(5) of the National Security Act of 1947
(50 U.S.C. 426) to revise the definition of ``intelligence
agency'' to include all elements of the Intelligence
Community, as found in Section 3(4) of the National Security
Act.
Section 507. Budgetary effects
Section 507 provides that the budgetary effects of this
Act, for the purpose of complying with the Statutory Pay-As-
You-Go-Act of 2010, shall be determined by reference to the
latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
Congressional Record by the Chairman of the Senate Budget
Committee, provided that such statement has been submitted
prior to the vote on passage.
____________________
[Congressional Record Volume 158, Number 169 (Friday, December 28, 2012)]
[Senate]
[Pages S8515-S8516]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
FISA
Mr. CHAMBLISS. Mr. President, earlier today, we were successful in
passing H.R. 5949, the FISA Amendments Act Reauthorization Act of 2012,
with strong bipartisan support. I am pleased that we are now in a
position to pass the Intelligence Authorization Act for Fiscal Year
2013, again with strong bipartisan support. These two bills are the
result of Chairman Feinstein's exceptional bipartisan leadership of the
Select Committee on Intelligence. It has been my privilege and honor to
work with her these past two years during my tenure as Vice Chairman of
the Committee.
This bill looks a little different than the version we passed out of
Committee back in July, by a vote of 14-1. The final product is the
result of our extensive efforts to successfully address the concerns
raised by the Executive branch, the House of Representatives, and, of
course, our own membership.
It is a good bill. It contains a number of provisions requested by
the administration that will provide the intelligence community with
certain authorities necessary to perform its vital mission for our
country. Most important, it authorizes the funds appropriated for the
intelligence and intelligence-related activities of our government.
This congressional budgetary oversight is crucial to our national
security. I am also pleased that the bill
[[Page S8516]]
contains a provision which will require government officials, who are
responsible for authorizing the disclosure of national intelligence or
intelligence related to national security to the media or the general
public, to notify the congressional intelligence committees on a timely
basis with respect to such disclosures.
It is my hope that the House of Representatives will take this bill
up quickly, pass it, and then send it on to the President for
signature.
Mr. REID. Mr. President, I ask unanimous consent that a Feinstein-
Chambliss substitute amendment, which is at the desk, be agreed to; the
bill, as amended, be read a third time and the Senate proceed to vote
on passage.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3441) in the nature of a substitute was agreed to.
(The text of the amendment is printed in today's Record under ``Text
of Amendments.'')
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 it pass?
The bill, (S. 3454), as amended, was passed.
Mr. REID. Mr. President, I ask unanimous consent that the motion to
reconsider be laid upon the table, with no intervening action or
debate, and that any statements related to this matter be printed in
the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
______
SA 3441. Mr. REID (for Mrs. Feinstein (for herself and Mr.
Chambliss)) proposed an amendment to the bill S. 3454, to authorize
appropriations for fiscal year 2013 for intelligence and intelligence-
related activities of the United States Government and the Office of
the Director of National Intelligence, the Central Intelligence Agency
Retirement and Disability System, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2013''.
(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.
[[Page S8509]]
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 details.
Sec. 304. Automated insider threat detection program.
Sec. 305. Software licensing.
Sec. 306. Strategy for security clearance reciprocity.
Sec. 307. Improper Payments Elimination and Recovery Act of 2010
compliance.
Sec. 308. Subcontractor notification process.
Sec. 309. Modification of reporting schedule.
Sec. 310. Repeal of certain reporting requirements.
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
Sec. 401. Working capital fund amendments.
TITLE V--OTHER MATTERS
Sec. 501. Homeland Security Intelligence Program.
Sec. 502. Extension of National Commission for the Review of the
Research and Development Programs of the United States
Intelligence Community.
Sec. 503. Protecting the information technology supply chain of the
United States.
Sec. 504. Notification regarding the authorized public disclosure of
national intelligence.
Sec. 505. Technical amendments related to the Office of the Director of
National Intelligence.
Sec. 506. Technical amendment for definition of intelligence agency.
Sec. 507. Budgetary effects.
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 2013 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,
subject to section 103, the authorized personnel ceilings as
of September 30, 2013, 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.
3454 of the One Hundred Twelfth Congress.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability to committees of congress.--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.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
415c);
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
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 positions for fiscal
year 2013 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 to 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) 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 in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long term, full-time training.
(c) 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).
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 2013 the sum of $540,721,000. 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, 2014.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 835 positions as of
September 30, 2013. 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 2013 such additional amounts as are
specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts for
advanced research and development shall remain available
until September 30, 2014.
(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,
2013, there are authorized such additional 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 2013 the sum of $514,000,000.
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 DETAILS.
Section 113A of the National Security Act of 1947 (50
U.S.C. 404h-1) is amended--
(1) by striking ``two years.'' and inserting ``three
years.''; and
(2) by adding at the end ``A non-reimbursable detail made
under this section shall not be considered an augmentation of
the appropriations of the receiving element of the
intelligence community.''.
SEC. 304. AUTOMATED INSIDER THREAT DETECTION PROGRAM.
Section 402 of the Intelligence Authorization Act for
Fiscal Year 2011 (Public Law 112-18; 50 U.S.C. 403-1 note) is
amended--
(1) in subsection (a), by striking ``October 1, 2012,'' and
inserting ``October 1, 2013,''; and
(2) in subsection (b), by striking ``October 1, 2013,'' and
inserting ``October 1, 2014,''.
SEC. 305. SOFTWARE LICENSING.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, each chief information officer for
an element of the intelligence community, in consultation
with the Chief Information Officer of the Intelligence
Community, shall--
(1) conduct an inventory of software licenses held by such
element, including utilized and unutilized licenses; and
[[Page S8510]]
(2) report the results of such inventory to the Chief
Information Officer of the Intelligence Community.
(b) Reporting to Congress.--The Chief Information Officer
of the Intelligence Community shall--
(1) not later than 180 days after the date of the enactment
of this Act, provide to the congressional intelligence
committees a copy of each report received by the Chief
Information Officer under subsection (a)(2), along with any
comments the Chief Information Officer wishes to provide; and
(2) transmit any portion of a report submitted under
paragraph (1) involving a component of a department of the
United States Government to the committees of the Senate and
of the House of Representatives with jurisdiction over such
department simultaneously with submission of such report to
the congressional intelligence committees.
SEC. 306. STRATEGY FOR SECURITY CLEARANCE RECIPROCITY.
(a) Strategy.--The President shall develop a strategy and a
schedule for carrying out the requirements of section 3001(d)
of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 435b(d)). Such strategy and schedule shall
include--
(1) a process for accomplishing the reciprocity required
under such section for a security clearance issued by a
department or agency of the Federal Government, including
reciprocity for security clearances that are issued to both
persons who are and who are not employees of the Federal
Government; and
(2) a description of the specific circumstances under which
a department or agency of the Federal Government may not
recognize a security clearance issued by another department
or agency of the Federal Government.
(b) Congressional Notification.--Not later than 180 days
after the date of the enactment of this Act, the President
shall inform Congress of the strategy and schedule developed
under subsection (a).
SEC. 307. IMPROPER PAYMENTS ELIMINATION AND RECOVERY ACT OF
2010 COMPLIANCE.
(a) Plan for Compliance.--
(1) In general.--The Director of National Intelligence, the
Director of the Central Intelligence Agency, the Director of
the Defense Intelligence Agency, the Director of the National
Geospatial-Intelligence Agency, and the Director of the
National Security Agency shall each develop a corrective
action plan, with major milestones, that delineates how the
Office of the Director of National Intelligence and each such
Agency will achieve compliance, not later than September 30,
2013, with the Improper Payments Elimination and Recovery Act
of 2010 (Public Law 111-204; 124 Stat. 2224), and the
amendments made by that Act.
(2) Submission to congress.--Not later than 45 days after
the date of the enactment of this Act--
(A) each Director referred to in paragraph (1) shall submit
to the congressional intelligence committees the corrective
action plan required by such paragraph; and
(B) the Director of the Defense Intelligence Agency, the
Director of the National Geospatial-Intelligence Agency, and
the Director of the National Security Agency shall each
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives the corrective action plan required by
paragraph (1) with respect to the applicable Agency.
(b) Review by Inspectors General.--
(1) In general.--Not later than 45 days after the
completion of a corrective action plan required by subsection
(a)(1), the Inspector General of each Agency required to
develop such a plan, and in the case of the Director of
National Intelligence, the Inspector General of the
Intelligence Community, shall provide to the congressional
intelligence committees an assessment of such plan that
includes--
(A) the assessment of the Inspector General of whether such
Agency or Office is or is not likely to reach compliance with
the requirements of the Improper Payments Elimination and
Recovery Act of 2010 (Public Law 111-204; 124 Stat. 2224),
and the amendments made by that Act, by September 30, 2013;
and
(B) the basis of the Inspector General for such assessment.
(2) Additional submission of reviews of certain inspectors
general.--Not later than 45 days after the completion of a
corrective action plan required by subsection (a)(1), the
Inspector General of the Defense Intelligence Agency, the
Inspector General of the National Geospatial-Intelligence
Agency, and the Inspector General of the National Security
Agency shall each submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the
House of Representatives the assessment of the applicable
plan provided to the congressional intelligence committees
under paragraph (1).
SEC. 308. SUBCONTRACTOR NOTIFICATION PROCESS.
Not later than October 1, 2013, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report assessing the method by which contractors
at any tier under a contract entered into with an element of
the intelligence community are granted security clearances
and notified of classified contracting opportunities within
the Federal Government and recommendations for the
improvement of such method. Such report shall include--
(1) an assessment of the current method by which
contractors at any tier under a contract entered into with an
element of the intelligence community are notified of
classified contracting opportunities;
(2) an assessment of any problems that may reduce the
overall effectiveness of the ability of the intelligence
community to identify appropriate contractors at any tier
under such a contract;
(3) an assessment of the role the existing security
clearance process has in enhancing or hindering the ability
of the intelligence community to notify such contractors of
contracting opportunities;
(4) an assessment of the role the current security
clearance process has in enhancing or hindering the ability
of contractors at any tier under a contract entered into with
an element of the intelligence community to execute
classified contracts;
(5) a description of the method used by the Director of
National Intelligence for assessing the effectiveness of the
notification process of the intelligence community to produce
a talented pool of subcontractors;
(6) a description of appropriate goals, schedules,
milestones, or metrics used to measure the effectiveness of
such notification process; and
(7) recommendations for improving such notification
process.
SEC. 309. MODIFICATION OF REPORTING SCHEDULE.
(a) Inspector General of the Intelligence Community.--
Section 103H(k)(1)(A) of the National Security Act of 1947
(50 U.S.C. 403-3h(k)(1)(A)) is amended--
(1) by striking ``January 31 and July 31'' and inserting
``October 31 and April 30''; and
(2) by striking ``December 31 (of the preceding year) and
June 30,'' and inserting ``September 30 and March 31,''.
(b) Inspector General for the Central Intelligence
Agency.--
(1) In general.--Section 17(d)(1) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is
amended--
(A) by striking ``January 31 and July 31'' and inserting
``October 31 and April 30'';
(B) by striking ``December 31 (of the preceding year) and
June 30,'' and inserting ``September 30 and March 31,''; and
(C) by striking ``Not later than the dates each year
provided for the transmittal of such reports in section 507
of the National Security Act of 1947,'' and inserting ``Not
later than 30 days after the date of the receipt of such
reports,''.
(2) Conforming amendments.--Section 507(b) of the National
Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2), (3), and (4), as
paragraphs (1), (2), and (3), respectively.
SEC. 310. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Repeal of Reporting Requirements.--
(1) Acquisition of technology relating to weapons of mass
destruction and advanced conventional munitions.--Section 721
of the Intelligence Authorization Act for Fiscal Year 1997
(50 U.S.C. 2366) is repealed.
(2) Safety and security of russian nuclear facilities and
nuclear military forces.--Section 114 of the National
Security Act of 1947 (50 U.S.C. 404i) is amended--
(A) by striking subsections (a) and (d); and
(B) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(3) Intelligence community business systems budget
information.--Section 506D of the National Security Act of
1947 (50 U.S.C. 415a-6) is amended by striking subsection
(e).
(4) Measures to protect the identities of covert agents.--
Title VI of the National Security Act of 1947 (50 U.S.C. 421
et seq.) is amended--
(A) by striking section 603; and
(B) by redesignating sections 604, 605, and 606 as sections
603, 604, and 605, respectively.
(b) Technical and Conforming Amendments.--
(1) Report submission dates.--Section 507 of the National
Security Act of 1947 (50 U.S.C. 415b) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking subparagraphs (A), (C), and (D);
(II) by redesignating subparagraphs (B), (E), (F), (G),
(H), and (I) as subparagraphs (A), (B), (C), (D), (E), and
(F), respectively; and
(III) in subparagraph (D), as so redesignated, by striking
``section 114(c).'' and inserting ``section 114(a).''; and
(ii) by amending paragraph (2) to read as follows:
``(2) The date for the submittal to the congressional
intelligence committees of the annual report on the threat of
attack on the United States from weapons of mass destruction
required by section 114(b) shall be the date each year
provided in subsection (c)(1)(B).'';
(B) in subsection (c)(1)(B), by striking ``each'' and
inserting ``the''; and
(C) in subsection (d)(1)(B), by striking ``an'' and
inserting ``the''.
(2) Table of contents of the national security act of
1947.--The table of contents in the first section of the
National Security Act of 1947 is amended by striking the
items relating to sections 603, 604, 605, and 606 and
inserting the following new items:
``Sec. 603. Extraterritorial jurisdiction.
``Sec. 604. Providing information to Congress.
``Sec. 605. Definitions.''.
[[Page S8511]]
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
SEC. 401. WORKING CAPITAL FUND AMENDMENTS.
Section 21 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403u) is amended as follows:
(1) In subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and'' at the end;
(ii) in subparagraph (C), by striking ``program.'' and
inserting ``program; and''; and
(iii) by adding at the end the following:
``(D) authorize such providers to make known their services
to the entities specified in section (a) through Government
communication channels.''; and
(B) by adding at the end the following:
``(3) The authority in paragraph (1)(D) does not include
the authority to distribute gifts or promotional items.'';
and
(2) in subsection (c)--
(A) in paragraph (2)(E), by striking ``from the sale or
exchange of equipment or property of a central service
provider'' and inserting ``from the sale or exchange of
equipment, recyclable materials, or property of a central
service provider.''; and
(B) in paragraph (3)(B), by striking ``subsection (f)(2)''
and inserting ``subsections (b)(1)(D) and (f)(2)''.
TITLE V--OTHER MATTERS
SEC. 501. HOMELAND SECURITY INTELLIGENCE PROGRAM.
There is established within the Department of Homeland
Security a Homeland Security Intelligence Program. The
Homeland Security Intelligence Program constitutes the
intelligence activities of the Office of Intelligence and
Analysis of the Department that serve predominantly
departmental missions.
SEC. 502. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF
THE RESEARCH AND DEVELOPMENT PROGRAMS OF THE
UNITED STATES INTELLIGENCE COMMUNITY.
Section 1007(a) of the Intelligence Authorization Act for
Fiscal Year 2003 (Public Law 107-306; 50 U.S.C. 401 note) is
amended by striking ``Not later than one year after the date
on which all members of the Commission are appointed pursuant
to section 701(a)(3) of the Intelligence Authorization Act
for Fiscal Year 2010,'' and inserting ``Not later than March
31, 2013,''.
SEC. 503. PROTECTING THE INFORMATION TECHNOLOGY SUPPLY CHAIN
OF THE UNITED STATES.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report that--
(1) identifies foreign suppliers of information technology
(including equipment, software, and services) that are linked
directly or indirectly to a foreign government, including--
(A) by ties to the military forces of a foreign government;
(B) by ties to the intelligence services of a foreign
government; or
(C) by being the beneficiaries of significant low interest
or no interest loans, loan forgiveness, or other support by a
foreign government; and
(2) assesses the vulnerability to malicious activity,
including cyber crime or espionage, of the telecommunications
networks of the United States due to the presence of
technology produced by suppliers identified under paragraph
(1).
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
(c) Telecommunications Networks of the United States
Defined.--In this section, the term ``telecommunications
networks of the United States'' includes--
(1) telephone systems;
(2) Internet systems;
(3) fiber optic lines, including cable landings;
(4) computer networks; and
(5) smart grid technology under development by the
Department of Energy.
SEC. 504. NOTIFICATION REGARDING THE AUTHORIZED PUBLIC
DISCLOSURE OF NATIONAL INTELLIGENCE.
(a) Notification.--In the event of an authorized disclosure
of national intelligence or intelligence related to national
security to the persons or entities described in subsection
(b), the government official responsible for authorizing the
disclosure shall submit to the congressional intelligence
committees on a timely basis a notification of the disclosure
if--
(1) at the time of the disclosure--
(A) such intelligence is classified; or
(B) is declassified for the purpose of the disclosure; and
(2) the disclosure will be made by an officer, employee, or
contractor of the Executive branch.
(b) Persons or Entities Described.--The persons or entities
described in this subsection are as follows:
(1) Media personnel.
(2) Any person or entity, if the disclosure described in
subsection (a) is made with the intent or knowledge that such
information will be made publicly available.
(c) Content.--Each notification required under subsection
(a) shall--
(1) provide the specific title and authority of the
individual authorizing the disclosure;
(2) if applicable, provide the specific title and authority
of the individual who authorized the declassification of the
intelligence disclosed; and
(3) describe the intelligence disclosed, including the
classification of the intelligence prior to its disclosure or
declassification and the rationale for making the disclosure.
(d) Exception.--The notification requirement in this
section does not apply to a disclosure made--
(1) pursuant to any statutory requirement, including to
section 552 of title 5, United States Code (commonly referred
to as the ``Freedom of Information Act'');
(2) in connection with a civil, criminal, or administrative
proceeding;
(3) as a result of a declassification review process under
Executive Order 13526 (50 U.S.C. 435 note) or any successor
order; or
(4) to any officer, employee, or contractor of the Federal
government or member of an advisory committee to an element
of the intelligence community who possesses an active
security clearance and a need to know the specific national
intelligence or intelligence related to national security, as
defined in section 3(5) of the National Security Act of 1947
(50 U.S.C. 401a(5)).
(e) Sunset.--The notification requirement of this section
shall cease to be effective for any disclosure described in
subsection (a) that occurs on or after the date that is one
year after the date of the enactment of this Act.
SEC. 505. TECHNICAL AMENDMENTS RELATED TO THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Personnel Practices.--Section 2302(a)(2)(C) of title 5,
United States Code, is amended by striking clause (ii) and
inserting the following:
``(ii)(I) the Federal Bureau of Investigation, the Central
Intelligence Agency, the Defense Intelligence Agency, the
National Geospatial-Intelligence Agency, the National
Security Agency, the Office of the Director of National
Intelligence, and the National Reconnaissance Office; and
``(II) as determined by the President, any executive agency
or unit thereof the principal function of which is the
conduct of foreign intelligence or counterintelligence
activities, provided that the determination be made prior to
a personnel action; or''.
(b) Senior Executive Service.--Section 3132(a)(1)(B) of
title 5, United States Code, is amended by inserting ``the
Office of the Director of National Intelligence,'' after
``the Central Intelligence Agency,''.
SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE
AGENCY.
Section 606(5) of the National Security Act of 1947 (50
U.S.C. 426) is amended to read as follows:
``(5) The term `intelligence agency' means the elements of
the intelligence community, as that term is defined in
section 3(4).''.
SEC. 507. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go-Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the Senate Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
______
