[Congressional Bills 112th Congress]
[From the U.S. Government Publishing 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