[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[S. 3454 Placed on Calendar Senate (PCS)]
Calendar No. 475
112th CONGRESS
2d Session
S. 3454
[Report No. 112-192]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2012
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 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.
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 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.
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. Software licensing.
Sec. 305. Improper Payments Elimination and Recovery Act of 2010
compliance.
Sec. 306. Authorities of the Inspector General of the Intelligence
Community.
Sec. 307. Modification of reporting schedule.
Sec. 308. Repeal or modification of certain reporting requirements.
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
Sec. 401. Authorities of the Inspector General for the Central
Intelligence Agency.
Sec. 402. Working capital fund amendments.
TITLE V--PREVENTING UNAUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION
Sec. 501. Notification regarding the authorized public disclosure of
national intelligence.
Sec. 502. Requirement to record authorized disclosures of classified
information.
Sec. 503. Procedures for conducting administrative investigations of
unauthorized disclosures.
Sec. 504. Assessment of procedures for detecting and preventing
unauthorized disclosures.
Sec. 505. Prohibition on certain individuals serving as consultants.
Sec. 506. Limitation on persons authorized to communicate with the
media.
Sec. 507. Responsibilities of intelligence community personnel with
access to classified information.
Sec. 508. Report on improvements to the criminal process for
investigating and prosecuting unauthorized
disclosures of classified information.
Sec. 509. Improving insider threat initiatives.
Sec. 510. Automated insider threat detection program.
Sec. 511. Surrender of certain benefits.
Sec. 512. Prohibition on security clearances for individuals who
disclose to the public evidence or
information on United States covert
actions.
TITLE VI--OTHER MATTERS
Sec. 601. Homeland Security Intelligence Program.
Sec. 602. Extension of National Commission for the Review of the
Research and Development Programs of the
United States Intelligence Community.
Sec. 603. Public Interest Declassification Board.
Sec. 604. Provision of classified opinions of the Office of Legal
Counsel to Congress.
Sec. 605. Technical amendments related to the Office of the Director of
National Intelligence.
Sec. 606. Technical amendment for definition of intelligence agency.
Sec. 607. 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 the authorized
total personnel levels by program (expressed as full-time equivalent
positions) 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.
The classified Schedule of Authorizations is incorporated by reference
into this Act and has the legal status of a public law.
(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 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.--
(1) In general.--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
$542,346,000.
(2) Availability of certain funds.--Of the amounts
authorized to be appropriated by paragraph (1), 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 827 full-time or full-time equivalent
personnel 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 Authorization of Appropriations.--
(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. 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
(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. 305. 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
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 Committees on
Armed Services of the Senate and 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 the appropriate Agency, 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 Committees on Armed Services of
the Senate and the House of Representatives the assessment of
the applicable plan provided to the congressional intelligence
committees under paragraph (1).
SEC. 306. AUTHORITIES OF THE INSPECTOR GENERAL OF THE INTELLIGENCE
COMMUNITY.
Section 103H(j) of the National Security Act of 1947 (50 U.S.C.
403-3h(j)) is amended by adding at the end the following new paragraph:
``(5)(A) The Inspector General may designate an officer or employee
appointed in accordance with this section as a law enforcement officer
solely for purposes of subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, if such officer or employee is appointed
to a position in which the duty is to investigate suspected offenses
against the criminal laws of the United States.
``(B) In carrying out subparagraph (A), the Inspector General shall
ensure that any authority under such clause is exercised in a manner
consistent with the provisions of section 3307 of title 5, United
States Code, as they relate to law enforcement officers.
``(C) For purposes of applying sections 3307(d), 8335(b), and
8425(b) of title 5, United States Code, the Inspector General may
exercise the functions, powers, and duties of an agency head or
appointing authority with respect to the Office.''.
SEC. 307. 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.--Section
17(d)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q(d)(1)) 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,''.
SEC. 308. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Repeal of Certain Reporting Requirements.--
(1) Repeal of reporting requirement regarding the 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 subsection (a); and
(B) by striking subsection (d).
(2) Repeal of reporting requirement regarding 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).
(3) Repeal of reporting requirements regarding security
clearances.--
(A) In general.--Section 506H of the National
Security Act of 1947 (50 U.S.C. 415a-10) is repealed.
(B) Table of contents amendment.--The National
Security Act of 1947 (50 U.S.C. 401 et seq.) is amended
in the table of contents in the first section by
striking the item relating to section 506H.
(4) Repeal of reporting requirement regarding measures to
protect the identities of covert agents.--
(A) In general.--Section 603 of the National
Security Act of 1947 (50 U.S.C. 423) is repealed.
(B) Table of contents amendment.--The National
Security Act of 1947 (50 U.S.C. 401 et seq.) is amended
in the table of contents in the first section by
striking the item relating to section 603.
(5) Repeal of reporting requirement regarding 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.
(6) Repeal of reporting requirement regarding analytic
integrity.--Section 1019 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 403-1a) is
amended--
(A) by striking subsection (c); and
(B) by striking subsection (d).
(7) Repeal of reporting requirement regarding
counterintelligence and security practices at the national
laboratories.--Section 4507 of the Atomic Energy Defense Act
(50 U.S.C. 2658) is repealed.
(8) Repeal of reporting requirement regarding security
vulnerabilities of national laboratory computers.--Section 4508
of the Atomic Energy Defense Act (50 U.S.C. 2659) is repealed.
(b) Modification of Certain Reporting Requirements.--
(1) Sunset of reporting requirement regarding intelligence
community business system transformation.--Section 506D(j) of
the National Security Act of 1947 (50 U.S.C. 415a-6(j)) is
amended by striking ``2015'' and inserting ``2013''.
(2) Modification of reporting requirement regarding the
activities of privacy and civil liberties officers.--Section
1062(f)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended by striking
``quarterly,'' and inserting ``semiannually,''.
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
SEC. 401. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL
INTELLIGENCE AGENCY.
Section 17(e)(7) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(e)(7)) is amended--
(1) by striking ``Subject to applicable law'' and inserting
``(A) Subject to applicable law''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) The Inspector General may designate an officer or employee
appointed in accordance with subparagraph (A) as a law enforcement
officer solely for purposes of subchapter III of chapter 83 or chapter
84 of title 5, United States Code, if such officer or employee is
appointed to a position in which the duty is to investigate suspected
offenses against the criminal laws of the United States.
``(ii) In carrying out clause (i), the Inspector General shall
ensure that any authority under such clause is exercised in a manner
consistent with the provisions of section 3307 of title 5, United
States Code, as they relate to law enforcement officers.
``(iii) For purposes of applying sections 3307(d), 8335(b), and
8425(b) of title 5, United States Code, the Inspector General may
exercise the functions, powers, and duties of an agency head or
appointing authority with respect to the Office.''.
SEC. 402. 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.''.
(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--PREVENTING UNAUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION
SEC. 501. NOTIFICATION REGARDING THE AUTHORIZED PUBLIC DISCLOSURE OF
NATIONAL INTELLIGENCE.
(a) Notification.--Concurrent with 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 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, including any person or entity under
contract or other binding agreement with the media to provide
analysis or commentary.
(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 board 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)).
SEC. 502. REQUIREMENT TO RECORD AUTHORIZED DISCLOSURES OF CLASSIFIED
INFORMATION.
(a) Record Requirement.--The head of each element of the
intelligence community shall ensure that such element creates and
maintains a record of all authorized disclosures of classified
information to media personnel, including any person or entity under
contract or other binding agreement with the media to provide analysis
or commentary, or to any person or entity if the disclosure is made
with the intent or knowledge that such information will be made
publicly available.
(b) Review by Congressional Intelligence Committees.--A record
under subsection (a) shall be available for review by the congressional
intelligence committees in a manner jointly agreed to by the committee
and the head of such element.
SEC. 503. PROCEDURES FOR CONDUCTING ADMINISTRATIVE INVESTIGATIONS OF
UNAUTHORIZED DISCLOSURES.
(a) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) establish procedures as described in subsection (b);
and
(2) provide a copy of the procedures to the congressional
intelligence committees.
(b) Procedures.--The procedures described in this subsection are
procedures that shall be implemented by each element of the
intelligence community for the conduct of administrative investigations
of unauthorized disclosures of classified information and shall
include--
(1) designation of an office with responsibility for
proactively identifying unauthorized disclosures of classified
information;
(2) submission and prioritization of crimes reports to the
Attorney General for purposes of criminal investigation
concerning unauthorized disclosures of classified information;
(3) conduct of independent administrative investigations of
unauthorized disclosures of classified information, if a
criminal investigation is not pursued or is discontinued;
(4) guidelines approved by the Attorney General that
authorize the Director of the Federal Bureau of Investigation
to provide relevant documents and other information in the
Director's possession to appropriate elements of the
intelligence community for purposes of conducting
administrative investigations of the unauthorized disclosure of
classified information;
(5) procedures for the heads of elements of the
intelligence community to apply disciplinary measures, if
appropriate, following an administrative investigation, up to
and including termination of employment;
(6) in cases where an administrative investigation
identifies information that may enable or inform a criminal
investigation, procedures for providing such information to the
Attorney General;
(7) procedures for keeping the National Counterintelligence
Executive and the congressional intelligence committees
informed of the status of all administrative investigations and
crimes reports; and
(8) other procedures as determined by the Director.
SEC. 504. ASSESSMENT OF PROCEDURES FOR DETECTING AND PREVENTING
UNAUTHORIZED DISCLOSURES.
(a) Director of National Intelligence Assessment.--Not later than
120 days after the date of the enactment of this Act, the Director of
National Intelligence shall provide the congressional intelligence
committees with an assessment of--
(1) the practical feasibility of extending the use of the
polygraph to additional Executive branch personnel and
standardizing the questions used during polygraph examinations
regarding disclosure of classified information and contact with
the media;
(2) the benefits of extending the automated insider threat
detection capabilities described in section 402 of the
Intelligence Authorization Act of Fiscal Year 2011 (Public Law
112-18; 50 U.S.C. 403-1 note) to sensitive compartmented
information level computer systems used by agencies or
personnel outside the intelligence community; and
(3) a description of actions that could be taken to address
improper classification of material.
(b) Inspector General of the Intelligence Community Assessment.--
Not later than 120 days after the date of the enactment of this Act,
the Inspector General of the Intelligence Community shall provide the
congressional intelligence committees with an assessment of the
effectiveness of the process used by each element of the intelligence
community for preventing, detecting, and investigating unauthorized
disclosures of classified information and a description of any best
practices that could be replicated throughout the intelligence
community.
SEC. 505. PROHIBITION ON CERTAIN INDIVIDUALS SERVING AS CONSULTANTS.
(a) Prohibition.--No person described in subsection (b) may enter
into a contract or other binding agreement with the media in order to
provide, or otherwise assist in providing, analysis or commentary on
matters concerning the classified intelligence activities of any
element of the intelligence community 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)).
(b) Person Described.--A person described in this subsection is--
(1) any officer, employee, or contractor of the Federal
government who possesses an active security clearance;
(2) any member of an advisory board to an element of the
intelligence community who possesses an active security
clearance; or
(3) any former officer, employee, or contractor of the
Federal government or former member of an advisory board to an
element of the intelligence community who--
(A) has left the employment or service of the
Federal government during the previous 1 year period;
and
(B) possessed a security clearance allowing access
to top secret, sensitive compartmented information at
any time during the 3 years prior to leaving such
employment or service.
SEC. 506. LIMITATION ON PERSONS AUTHORIZED TO COMMUNICATE WITH THE
MEDIA.
(a) Limitation.--
(1) In general.--For each element of the intelligence
community, only the Director and Deputy Director of such
element, or individuals in equivalent positions within such
element, and individuals in the offices of public affairs who
are specifically designated by the Director (or the individual
in an equivalent position), may provide background or off-the-
record information regarding intelligence activities to the
media, or to any person affiliated with the media.
(2) Designation in writing.--Each designation made under
paragraph (1) by a Director (or an individual in an equivalent
position) shall be in writing.
(b) Construction.--Nothing in this section shall be construed to
prohibit an appropriate officer or employee of an element of the
intelligence community from providing authorized, unclassified, on-the-
record briefings to the media, or to any person affiliated with the
media.
SEC. 507. RESPONSIBILITIES OF INTELLIGENCE COMMUNITY PERSONNEL WITH
ACCESS TO CLASSIFIED INFORMATION.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) prescribe regulations outlining the responsibilities
of, and a process for, all covered persons to report oral and
written contact with the media to the security office of the
appropriate element of the intelligence community;
(2) prescribe regulations that ensure that any covered
person, prior to leaving the employment or services of the
Federal Government, is informed of the ongoing responsibility
to comply with all provisions of the written nondisclosure
agreements governing access to classified information;
(3) establish appropriate requirements for covered persons
to comply, during and subsequent to any period of employment,
with all prepublication review requirements contained in any
nondisclosure agreement between the covered person and any and
all elements of the intelligence community to which such person
has been assigned, employed, contracted, or detailed;
(4) establish appropriate requirements for covered persons,
during and subsequent to any period of employment or service,
to submit any written materials and anticipated oral comments
for prepublication review;
(5) update, and require current acknowledgment of, the
written nondisclosure agreements governing access to classified
information to comply with the provisions of this Act; and
(6) prescribe regulations that specify appropriate
disciplinary actions to be taken against any covered person,
during and subsequent to any period of employment or service,
determined by the Director of National Intelligence to have
violated a written agreement under this section, which may
include--
(A) issuance of letters of reprimand;
(B) placing notices of violations in personnel
files and informing the congressional oversight
committees of such notices;
(C) revocation of security clearances;
(D) prohibition on obtaining new security
clearances; and
(E) termination of employment.
(b) Covered Person Defined.--In this section, the term ``covered
person'' means a current employee or contractor of, or member of an
advisory board to, an element of the intelligence community who has an
active security clearance.
SEC. 508. REPORT ON IMPROVEMENTS TO THE CRIMINAL PROCESS FOR
INVESTIGATING AND PROSECUTING UNAUTHORIZED DISCLOSURES OF
CLASSIFIED INFORMATION.
(a) Requirement for Report.--Not later than 180 days after the date
of the enactment of this Act, the Attorney General, in coordination
with the Director of National Intelligence, shall submit to the
congressional intelligence committees and the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the effectiveness of and potential
improvements to the process for investigating and prosecuting
unauthorized disclosures of classified information, which shall
include--
(1) potential modifications to the process used by elements
of the intelligence community to submit crimes reports of
unauthorized disclosures of classified information to the
Attorney General;
(2) potential modifications to the policies of the
Department of Justice on issuing subpoenas directed at members
of the news media, as described in section 50.10(b) of title
28, Code of Federal Regulations (or any similar successor
regulation); and
(3) potential modifications to the Classified Information
Procedures Act (Public Law 96-456; 94 Stat. 2025).
SEC. 509. IMPROVING INSIDER THREAT INITIATIVES.
(a) Designation of Insider Threat Program Managers.--
(1) Requirement to designate.--Not later than 90 days after
the date of the enactment of this Act, each head of an element
of the intelligence community shall designate an insider threat
program manager with responsibility for developing a
comprehensive insider threat program management plan as
described in subsection (b) for such element.
(2) Information access.--Each insider threat program
manager designated under paragraph (1) for an element of the
intelligence community shall have access to all relevant
information regarding the allocation of resources to efforts by
such element to counter insider threats, including resources
for counterintelligence, physical security, information
security, and human resources, except that such relevant
information shall not be deemed to include information
concerning specific counterintelligence or security
investigations, unless the head of the element so directs.
(b) Development of a Comprehensive Insider Threat Program
Management Plan.--
(1) Requirement to develop.--Not later than 1 year after
the date of the enactment of this Act, each insider threat
program manager designated under subsection (a)(1) for an
element of the intelligence community shall develop, in
coordination with the Office of the National
Counterintelligence Executive and such other components of the
Office of the Director of National Intelligence as the Director
of National Intelligence deems appropriate, a comprehensive
insider threat program management plan for such element that
describes a comprehensive insider threat detection program for
such element.
(2) Review and approval.--Upon completion, each
comprehensive insider threat program management plan developed
under paragraph (1) shall be submitted to the head of the
relevant element of the intelligence community for review,
modification, and approval, and then to the Director of
National Intelligence, for review, modification and approval.
(3) Submission to congress.--A copy of each comprehensive
insider threat program management plan approved by the Director
of National Intelligence under paragraph (2) shall be
submitted--
(A) to the congressional intelligence committees,
not later than 30 days after the date such plan is
approved; and
(B) if such plan involves 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 copy to the
congressional intelligence committees under
subparagraph (A).
(c) Implementing a Comprehensive Insider Threat Detection
Program.--
(1) Initial operating capability.--Not later than 18 months
after the date of the enactment of this Act, each head of an
element of the intelligence community, in coordination with the
Office of the National Counterintelligence Executive and the
Office of the Director of National Intelligence, shall
establish an initial operating capability for the comprehensive
insider threat detection program for such element as described
in the comprehensive insider threat program management plan
developed under subsection (b).
(2) Full operating capability.--Not later than 2 years
after the date of the enactment of this Act, the Director of
National Intelligence shall--
(A) establish a full operating capability for each
comprehensive insider threat detection program
developed under subsection (b) for each element of the
intelligence community; and
(B) ensure that each such full operating capability
is reached.
SEC. 510. 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. 511. SURRENDER OF CERTAIN BENEFITS.
(a) Requirement for Prohibition.--Not later than 120 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the head of each element of the
intelligence community, shall publish regulations that--
(1) are consistent with any procedures established by
Executive order or regulation under section 801 of the National
Security Act of 1947 (50 U.S.C. 435);
(2) require each employee of an element of the intelligence
community to sign a written agreement as described in
subsection (b); and
(3) set forth the administrative procedures applicable to
an employee who violates the terms of such an agreement.
(b) Agreement Described.--An agreement described in this subsection
is an agreement, with respect to an individual employed by an element
of the intelligence community, that--
(1) prohibits the individual from disclosing classified
information without authorization at any time during or
subsequent to employment with an element of the intelligence
community;
(2) requires the individual to comply with all
prepublication review requirements contained in any
nondisclosure agreement between the individual and an element
of the intelligence community;
(3) specifies appropriate disciplinary actions, including
the surrender of any current or future Federal Government
pension benefit, to be taken against the individual if the
Director of National Intelligence or the head of the
appropriate element of the intelligence community determines
that the individual has knowingly violated the prepublication
review requirements contained in a nondisclosure agreement
between the individual and an element of the intelligence
community in a manner that disclosed classified information to
an unauthorized person or entity; and
(4) describes procedures for making and reviewing
determinations under paragraph (3) in a manner that is
consistent with the due process and appeal rights otherwise
available to an individual who is subject to the same or
similar disciplinary action under other law.
(c) Federal Government Pension Benefit Described.--In this section,
the term ``Federal Government pension benefit'' means the specific
government contribution to a covered person's Federal Government
pension plan, in its fair market value, but does not include the
following:
(1) Any contributions by a person to a Federal Government
pension plan, in their fair market value.
(2) Any old age benefits payable to a person under title II
of the Social Security Act (42 U.S.C. 401 et seq.).
(3) Any employee benefits or contributions of a person
under the Thrift Savings Plan under subchapter III of chapter
84 of title 5, United States Code, or any successor benefit
program.
SEC. 512. PROHIBITION ON SECURITY CLEARANCES FOR INDIVIDUALS WHO
DISCLOSE TO THE PUBLIC EVIDENCE OR INFORMATION ON UNITED
STATES COVERT ACTIONS.
(a) Prohibition.--Consistent with administrative procedures and due
process afforded under otherwise applicable laws and regulations, an
individual described in subsection (b) may not receive, retain, or
otherwise possess a security clearance for access to classified
information.
(b) Covered Individuals.--An individual described in this
subsection is any individual--
(1) who--
(A) serves as an officer, employee, contractor, or
member of an advisory board of the Federal Government;
or
(B) otherwise possesses an active security
clearance;
(2) who is known or determined, in accordance with
applicable law or regulations, to have knowingly made a public
disclosure of the existence of, or discussed classified details
relating to, a classified covert action (as that term is
defined in section 503(e) of the National Security Act of 1947
(50 U.S.C. 413b(e)); and
(3) who makes the disclosure, or discusses the details,
described in paragraph (2) without prior authorization from an
original classification authority.
TITLE VI--OTHER MATTERS
SEC. 601. 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. 602. 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. 603. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) Subsequent Appointment.--Section 703(c)(2)(D) of the Public
Interest Declassification Act of 2000 (Public Law 106-567; 50 U.S.C.
435 note) is amended by striking the period at the end and inserting
``from the date of the appointment.''.
(b) Vacancy.--Section 703(c)(3) of the Public Interest
Declassification Act of 2000 (Public Law 106-567; 50 U.S.C. 435 note)
is amended by striking ``A member of the Board appointed to fill a
vacancy before the expiration of a term shall serve for the remainder
of the term.''.
(c) Extension of Sunset.--Section 710 of the Public Interest
Declassification Act of 2000 (Public Law 106-567; 50 U.S.C. 435 note)
is amended by striking ``2012.'' inserting ``2018.''.
SEC. 604. PROVISION OF CLASSIFIED OPINIONS OF THE OFFICE OF LEGAL
COUNSEL TO CONGRESS.
(a) Requirement to Provide.--Except as provided in subsections (c)
and (d), not later than 180 days after the date of the enactment of
this Act, the Attorney General, in coordination with the Director of
National Intelligence, shall provide to the congressional intelligence
committees a copy of every classified opinion of the Office of Legal
Counsel of the Department of Justice that was provided to an element of
the intelligence community on or after September 11, 2001.
(b) Annual Submission.--
(1) Requirement to provide.--Except as provided in
subsections (c) and (d), not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
Attorney General, in coordination with the Director of National
Intelligence, shall provide to the congressional intelligence
committees a listing of every opinion of the Office of Legal
Counsel of the Department of Justice that has been provided to
an element of the intelligence community on or after September
11, 2001.
(2) Content.--Each listing submitted under paragraph (1)
shall include--
(A) as much detail as possible about the subject of
each opinion;
(B) the date the opinion was issued;
(C) the recipient agency or agencies;
(D) whether the opinion has been made available to
Congress or specific congressional committees,
including the identity of each such committee; and
(E) for any opinion that has not been made
available to Congress or specific congressional
committees, the basis for such withholding.
(c) Exception for Covert Action.--If the President determines that
it is essential to limit access to a covert action finding under
section 503(c)(2) of the National Security Act (50 U.S.C. 413b(c)(2)),
the President may limit access to information concerning such finding
that is subject to disclosure under subsection (a) or (b) to those
members of Congress who have been granted access to the relevant
finding under such section 503(c)(2).
(d) Exception for Information Subject to Executive Privilege.--If
the President determines that a particular opinion subject to
disclosure under subsection (a) or listing subject to disclosure under
subsection (b) is subject to an executive privilege that protects
against such disclosure, the Attorney General shall not be required to
disclose such opinion or listing, if the Attorney General notifies the
congressional intelligence committees, in writing, of the legal
justification for such assertion of executive privilege prior to the
date by which the opinion or listing is required to be disclosed.
SEC. 605. 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. 606. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE AGENCY.
Section 606(5) of the National Security Act of 1947 (50 U.S.C. 426)
is amended as follows:
``(5) The term `intelligence agency' means the elements of
the intelligence community.''.
SEC. 607. 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.
Calendar No. 475
112th CONGRESS
2d Session
S. 3454
[Report No. 112-192]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 30, 2012
Read twice and placed on the calendar
