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S. 3454 (112th): Intelligence Authorization Act for Fiscal Year 2013

The text of the bill below is as of Dec 31, 2012 (Passed Congress).


One Hundred Twelfth Congress of the United States of America

2d Session

S. 3454

IN THE SENATE OF THE UNITED STATES

AN ACT

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.

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. 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.

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)).

I

Budget and personnel authorizations

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.

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.

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).

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).

II

Central Intelligence Agency Retirement and Disability System

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.

III

General intelligence community matters

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.

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.

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..

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,.

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

(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.

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).

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).

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.

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.

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.

.

IV

Matters relating to the Central Intelligence Agency

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).

V

Other matters

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.

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,.

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.

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 requirements 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.

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,.

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).

.

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.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate