[Congressional Record Volume 158, Number 169 (Friday, December 28, 2012)]
[Senate]
[Pages S8508-S8513]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3439. Mr. WYDEN (for himself, Mr. Udall of Colorado, Mr. Lee, Mr. 
Durbin, Mr. Merkley, Mr. Udall of New Mexico, Mr. Begich, Mr. Franken, 
Mr. Webb, Mrs. Shaheen, Mr. Tester, Mr. Bingaman, Mr. Lautenberg, Mr. 
Coons, and Mr. Baucus) proposed an amendment to the bill H.R. 5949, to 
extend the FISA Amendments Act of 2008 for five years; as follows:

       At the end, add the following:

     SEC. 5. REPORT ON THE IMPACT OF THE FISA AMENDMENTS ACT OF 
                   2008 ON THE PRIVACY OF THE PEOPLE OF THE UNITED 
                   STATES.

       (a) Findings.--Congress makes the following findings:
       (1) The central provision of the FISA Amendments of 2008 
     (Public Law 110-261; 122 Stat. 2436) enacted section 702 of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1881a) which provides the government authority to collect the 
     communications of persons reasonably believed to be citizens 
     of foreign countries who are located outside the United 
     States.
       (2) Such section 702 contained restrictions regarding the 
     acquisition of the communications of United States persons 
     which were intended to protect the privacy of United States 
     persons and prevent intelligence agencies from using the 
     authority in such section to deliberately read or listen to 
     the communications of specific United States persons without 
     obtaining a warrant or emergency authorization to do so.
       (3) Estimating the total number of communications to or 
     from the United States collected under the authority in such 
     section 702 would provide an indication of the degree to 
     which collection carried out under such section has impacted 
     the privacy of United States persons.
       (4) Estimating the number of wholly domestic communications 
     collected under the authority in such section 702 would 
     provide a particularly significant indication of the degree 
     to which collection carried out under this authority has 
     impacted the privacy of United States persons.
       (5) While Congress did not intend to provide authority in 
     such section 702 for elements of the intelligence community 
     to deliberately review the communications of specific United 
     States persons without obtaining individual warrants or 
     emergency authorizations to do so, such section 702 does not 
     include a specific prohibition against this action, and the 
     people of the United States have a right to know whether 
     elements of the intelligence community have deliberately 
     searched through communications collected under such section 
     702 to find the communications of specific United States 
     persons.
       (6) Despite requests from numerous Senators, the Director 
     of National Intelligence has declined to state publicly 
     whether--
       (A) any entity has made an estimate of the number of United 
     States communications that have been collected under such 
     section 702;
       (B) any wholly domestic communications have been collected 
     under such section 702; or
       (C) any element of the intelligence community has attempted 
     to search through communications collected under such section 
     702 in a deliberate effort to review the communications of a 
     specific United States person without obtaining a warrant or 
     emergency authorization permitting such a search.
       (7) In public remarks in July 2012, the Director of the 
     National Security Agency stated that ``the story that we have 
     millions or hundreds of millions of dossiers on people is 
     absolutely false''.
       (b) Report.--
       (1) Requirement.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to Congress a report on the impact 
     of the amendments made by the FISA Amendments Act of 2008 
     (Public Law 110-261; 122 Stat. 2436) and other surveillance 
     authorities on the privacy of United States persons.
       (2) Content.--The report required by paragraph (1) shall 
     include the following:
       (A) A determination of whether any government entity has 
     produced any estimate regarding--
       (i) the total number of communications that--

       (I) originated from or were directed to a location in the 
     United States; and
       (II) have been collected under the authority of section 702 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1881a); or

       (ii) the total number of wholly domestic communications 
     that have been collected under such authority.
       (B) If any estimate described in subparagraph (A) was 
     produced, such estimate.
       (C) An assessment of whether any wholly domestic 
     communications have been collected under the authority of 
     section 702 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1881a).
       (D) A determination of whether any element of the 
     intelligence community has ever attempted to search through 
     communications collected under section 702 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) in a 
     deliberate effort to find the communications of a specific 
     United States person, without obtaining a warrant or 
     emergency authorization to do so.
       (E) A determination of whether the National Security Agency 
     has collected any type of personally identifiable data 
     pertaining to more than 1,000,000 United States persons.
       (c) Form of Report.--
       (1) Public availability of report.--The report required by 
     subsection (b) shall be made available to the public not 
     later than 15 days after the date such report is submitted to 
     Congress.
       (2) Redactions.--If the President believes that public 
     disclosure of information in the report required by 
     subsection (b) could cause significant harm to national 
     security, the President may redact such information from the 
     report made available to the public.
       (3) Submission to congress.--If the President redacts 
     information under paragraph (2), not later than 30 days after 
     the date the report required by subsection (b) is made 
     available to the public under paragraph (1), the President 
     shall submit to the Select Committee on Intelligence of the 
     Senate and the Permanent Select Committee on Intelligence of 
     the House of Representatives a statement explaining the 
     specific harm to national security that the disclosure of 
     such information could cause.
                                 ______
                                 
  SA 3440. Mr. REID (for Ms. Mikulski) proposed an amendment to the 
bill H.R. 1, making appropriations for disaster relief for the fiscal 
year ending September 30, 2013, and for other purposes; as follows:

       Amend the title to read:
       ``An Act making appropriations for disaster relief for the 
     fiscal year ending September 30, 2013, and for other 
     purposes.''
                                 ______
                                 
  SA 3441. Mr. REID (for Mrs. Feinstein (for herself and Mr. 
Chambliss)) proposed an amendment to the bill S. 3454, to authorize 
appropriations for fiscal year 2013 for intelligence and intelligence-
related activities of the United States Government and the Office of 
the Director of National Intelligence, the Central Intelligence Agency 
Retirement and Disability System, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2013''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

[[Page S8509]]

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
              law.
Sec. 303. Non-reimbursable details.
Sec. 304. Automated insider threat detection program.
Sec. 305. Software licensing.
Sec. 306. Strategy for security clearance reciprocity.
Sec. 307. Improper Payments Elimination and Recovery Act of 2010 
              compliance.
Sec. 308. Subcontractor notification process.
Sec. 309. Modification of reporting schedule.
Sec. 310. Repeal of certain reporting requirements.

     TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY

Sec. 401. Working capital fund amendments.

                         TITLE V--OTHER MATTERS

Sec. 501. Homeland Security Intelligence Program.
Sec. 502. Extension of National Commission for the Review of the 
              Research and Development Programs of the United States 
              Intelligence Community.
Sec. 503. Protecting the information technology supply chain of the 
              United States.
Sec. 504. Notification regarding the authorized public disclosure of 
              national intelligence.
Sec. 505. Technical amendments related to the Office of the Director of 
              National Intelligence.
Sec. 506. Technical amendment for definition of intelligence agency.
Sec. 507. Budgetary effects.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' means--
       (A) the Select Committee on Intelligence of the Senate; and
       (B) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3(4) 
     of the National Security Act of 1947 (50 U.S.C. 401a(4)).

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2013 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Coast Guard.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Department of Justice.
       (12) The Federal Bureau of Investigation.
       (13) The Drug Enforcement Administration.
       (14) The National Reconnaissance Office.
       (15) The National Geospatial-Intelligence Agency.
       (16) The Department of Homeland Security.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts and Personnel Levels.--The 
     amounts authorized to be appropriated under section 101 and, 
     subject to section 103, the authorized personnel ceilings as 
     of September 30, 2013, for the conduct of the intelligence 
     activities of the elements listed in paragraphs (1) through 
     (16) of section 101, are those specified in the classified 
     Schedule of Authorizations prepared to accompany the bill S. 
     3454 of the One Hundred Twelfth Congress.
       (b) Availability of Classified Schedule of 
     Authorizations.--
       (1) Availability to committees of congress.--The classified 
     Schedule of Authorizations referred to in subsection (a) 
     shall be made available to the Committee on Appropriations of 
     the Senate, the Committee on Appropriations of the House of 
     Representatives, and to the President.
       (2) Distribution by the president.--Subject to paragraph 
     (3), the President shall provide for suitable distribution of 
     the classified Schedule of Authorizations, or of appropriate 
     portions of the Schedule, within the executive branch.
       (3) Limits on disclosure.--The President shall not publicly 
     disclose the classified Schedule of Authorizations or any 
     portion of such Schedule except--
       (A) as provided in section 601(a) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
     415c);
       (B) to the extent necessary to implement the budget; or
       (C) as otherwise required by law.

     SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

       (a) Authority for Increases.--The Director of National 
     Intelligence may authorize the employment of civilian 
     personnel in excess of the number of positions for fiscal 
     year 2013 authorized by the classified Schedule of 
     Authorizations referred to in section 102(a) if the Director 
     of National Intelligence determines that such action is 
     necessary to the performance of important intelligence 
     functions, except that the number of personnel employed in 
     excess of the number authorized under such section may not, 
     for any element of the intelligence community, exceed 3 
     percent of the number of civilian personnel authorized under 
     such section for such element.
       (b) Treatment of Certain Personnel.--The Director of 
     National Intelligence shall establish guidelines that govern, 
     for each element of the intelligence community, the treatment 
     under the personnel levels authorized under section 102(a), 
     including any exemption from such personnel levels, of 
     employment or assignment in--
       (1) a student program, trainee program, or similar program;
       (2) a reserve corps or as a reemployed annuitant; or
       (3) details, joint duty, or long term, full-time training.
       (c) Notice to Congressional Intelligence Committees.--The 
     Director of National Intelligence shall notify the 
     congressional intelligence committees in writing at least 15 
     days prior to the initial exercise of an authority described 
     in subsection (a).

     SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2013 the sum of $540,721,000. Within such amount, funds 
     identified in the classified Schedule of Authorizations 
     referred to in section 102(a) for advanced research and 
     development shall remain available until September 30, 2014.
       (b) Authorized Personnel Levels.--The elements within the 
     Intelligence Community Management Account of the Director of 
     National Intelligence are authorized 835 positions as of 
     September 30, 2013. Personnel serving in such elements may be 
     permanent employees of the Office of the Director of National 
     Intelligence or personnel detailed from other elements of the 
     United States Government.
       (c) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Intelligence 
     Community Management Account by subsection (a), there are 
     authorized to be appropriated for the Community Management 
     Account for fiscal year 2013 such additional amounts as are 
     specified in the classified Schedule of Authorizations 
     referred to in section 102(a). Such additional amounts for 
     advanced research and development shall remain available 
     until September 30, 2014.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Intelligence Community Management Account as of September 30, 
     2013, there are authorized such additional personnel for the 
     Community Management Account as of that date as are specified 
     in the classified Schedule of Authorizations referred to in 
     section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 2013 the sum of $514,000,000.

           TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

     SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this Act shall not 
     be deemed to constitute authority for the conduct of any 
     intelligence activity which is not otherwise authorized by 
     the Constitution or the laws of the United States.

     SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this Act for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

     SEC. 303. NON-REIMBURSABLE DETAILS.

       Section 113A of the National Security Act of 1947 (50 
     U.S.C. 404h-1) is amended--
       (1) by striking ``two years.'' and inserting ``three 
     years.''; and
       (2) by adding at the end ``A non-reimbursable detail made 
     under this section shall not be considered an augmentation of 
     the appropriations of the receiving element of the 
     intelligence community.''.

     SEC. 304. AUTOMATED INSIDER THREAT DETECTION PROGRAM.

       Section 402 of the Intelligence Authorization Act for 
     Fiscal Year 2011 (Public Law 112-18; 50 U.S.C. 403-1 note) is 
     amended--
       (1) in subsection (a), by striking ``October 1, 2012,'' and 
     inserting ``October 1, 2013,''; and
       (2) in subsection (b), by striking ``October 1, 2013,'' and 
     inserting ``October 1, 2014,''.

     SEC. 305. SOFTWARE LICENSING.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, each chief information officer for 
     an element of the intelligence community, in consultation 
     with the Chief Information Officer of the Intelligence 
     Community, shall--
       (1) conduct an inventory of software licenses held by such 
     element, including utilized and unutilized licenses; and

[[Page S8510]]

       (2) report the results of such inventory to the Chief 
     Information Officer of the Intelligence Community.
       (b) Reporting to Congress.--The Chief Information Officer 
     of the Intelligence Community shall--
       (1) not later than 180 days after the date of the enactment 
     of this Act, provide to the congressional intelligence 
     committees a copy of each report received by the Chief 
     Information Officer under subsection (a)(2), along with any 
     comments the Chief Information Officer wishes to provide; and
       (2) transmit any portion of a report submitted under 
     paragraph (1) involving a component of a department of the 
     United States Government to the committees of the Senate and 
     of the House of Representatives with jurisdiction over such 
     department simultaneously with submission of such report to 
     the congressional intelligence committees.

     SEC. 306. STRATEGY FOR SECURITY CLEARANCE RECIPROCITY.

       (a) Strategy.--The President shall develop a strategy and a 
     schedule for carrying out the requirements of section 3001(d) 
     of the Intelligence Reform and Terrorism Prevention Act of 
     2004 (50 U.S.C. 435b(d)). Such strategy and schedule shall 
     include--
       (1) a process for accomplishing the reciprocity required 
     under such section for a security clearance issued by a 
     department or agency of the Federal Government, including 
     reciprocity for security clearances that are issued to both 
     persons who are and who are not employees of the Federal 
     Government; and
       (2) a description of the specific circumstances under which 
     a department or agency of the Federal Government may not 
     recognize a security clearance issued by another department 
     or agency of the Federal Government.
       (b) Congressional Notification.--Not later than 180 days 
     after the date of the enactment of this Act, the President 
     shall inform Congress of the strategy and schedule developed 
     under subsection (a).

     SEC. 307. IMPROPER PAYMENTS ELIMINATION AND RECOVERY ACT OF 
                   2010 COMPLIANCE.

       (a) Plan for Compliance.--
       (1) In general.--The Director of National Intelligence, the 
     Director of the Central Intelligence Agency, the Director of 
     the Defense Intelligence Agency, the Director of the National 
     Geospatial-Intelligence Agency, and the Director of the 
     National Security Agency shall each develop a corrective 
     action plan, with major milestones, that delineates how the 
     Office of the Director of National Intelligence and each such 
     Agency will achieve compliance, not later than September 30, 
     2013, with the Improper Payments Elimination and Recovery Act 
     of 2010 (Public Law 111-204; 124 Stat. 2224), and the 
     amendments made by that Act.
       (2) Submission to congress.--Not later than 45 days after 
     the date of the enactment of this Act--
       (A) each Director referred to in paragraph (1) shall submit 
     to the congressional intelligence committees the corrective 
     action plan required by such paragraph; and
       (B) the Director of the Defense Intelligence Agency, the 
     Director of the National Geospatial-Intelligence Agency, and 
     the Director of the National Security Agency shall each 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives the corrective action plan required by 
     paragraph (1) with respect to the applicable Agency.
       (b) Review by Inspectors General.--
       (1) In general.--Not later than 45 days after the 
     completion of a corrective action plan required by subsection 
     (a)(1), the Inspector General of each Agency required to 
     develop such a plan, and in the case of the Director of 
     National Intelligence, the Inspector General of the 
     Intelligence Community, shall provide to the congressional 
     intelligence committees an assessment of such plan that 
     includes--
       (A) the assessment of the Inspector General of whether such 
     Agency or Office is or is not likely to reach compliance with 
     the requirements of the Improper Payments Elimination and 
     Recovery Act of 2010 (Public Law 111-204; 124 Stat. 2224), 
     and the amendments made by that Act, by September 30, 2013; 
     and
       (B) the basis of the Inspector General for such assessment.
       (2) Additional submission of reviews of certain inspectors 
     general.--Not later than 45 days after the completion of a 
     corrective action plan required by subsection (a)(1), the 
     Inspector General of the Defense Intelligence Agency, the 
     Inspector General of the National Geospatial-Intelligence 
     Agency, and the Inspector General of the National Security 
     Agency shall each submit to the Committee on Armed Services 
     of the Senate and the Committee on Armed Services of the 
     House of Representatives the assessment of the applicable 
     plan provided to the congressional intelligence committees 
     under paragraph (1).

     SEC. 308. SUBCONTRACTOR NOTIFICATION PROCESS.

       Not later than October 1, 2013, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report assessing the method by which contractors 
     at any tier under a contract entered into with an element of 
     the intelligence community are granted security clearances 
     and notified of classified contracting opportunities within 
     the Federal Government and recommendations for the 
     improvement of such method. Such report shall include--
       (1) an assessment of the current method by which 
     contractors at any tier under a contract entered into with an 
     element of the intelligence community are notified of 
     classified contracting opportunities;
       (2) an assessment of any problems that may reduce the 
     overall effectiveness of the ability of the intelligence 
     community to identify appropriate contractors at any tier 
     under such a contract;
       (3) an assessment of the role the existing security 
     clearance process has in enhancing or hindering the ability 
     of the intelligence community to notify such contractors of 
     contracting opportunities;
       (4) an assessment of the role the current security 
     clearance process has in enhancing or hindering the ability 
     of contractors at any tier under a contract entered into with 
     an element of the intelligence community to execute 
     classified contracts;
       (5) a description of the method used by the Director of 
     National Intelligence for assessing the effectiveness of the 
     notification process of the intelligence community to produce 
     a talented pool of subcontractors;
       (6) a description of appropriate goals, schedules, 
     milestones, or metrics used to measure the effectiveness of 
     such notification process; and
       (7) recommendations for improving such notification 
     process.

     SEC. 309. MODIFICATION OF REPORTING SCHEDULE.

       (a) Inspector General of the Intelligence Community.--
     Section 103H(k)(1)(A) of the National Security Act of 1947 
     (50 U.S.C. 403-3h(k)(1)(A)) is amended--
       (1) by striking ``January 31 and July 31'' and inserting 
     ``October 31 and April 30''; and
       (2) by striking ``December 31 (of the preceding year) and 
     June 30,'' and inserting ``September 30 and March 31,''.
       (b) Inspector General for the Central Intelligence 
     Agency.--
       (1) In general.--Section 17(d)(1) of the Central 
     Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is 
     amended--
       (A) by striking ``January 31 and July 31'' and inserting 
     ``October 31 and April 30'';
       (B) by striking ``December 31 (of the preceding year) and 
     June 30,'' and inserting ``September 30 and March 31,''; and
       (C) by striking ``Not later than the dates each year 
     provided for the transmittal of such reports in section 507 
     of the National Security Act of 1947,'' and inserting ``Not 
     later than 30 days after the date of the receipt of such 
     reports,''.
       (2) Conforming amendments.--Section 507(b) of the National 
     Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
       (A) by striking paragraph (1); and
       (B) by redesignating paragraphs (2), (3), and (4), as 
     paragraphs (1), (2), and (3), respectively.

     SEC. 310. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

       (a) Repeal of Reporting Requirements.--
       (1) Acquisition of technology relating to weapons of mass 
     destruction and advanced conventional munitions.--Section 721 
     of the Intelligence Authorization Act for Fiscal Year 1997 
     (50 U.S.C. 2366) is repealed.
       (2) Safety and security of russian nuclear facilities and 
     nuclear military forces.--Section 114 of the National 
     Security Act of 1947 (50 U.S.C. 404i) is amended--
       (A) by striking subsections (a) and (d); and
       (B) by redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively.
       (3) Intelligence community business systems budget 
     information.--Section 506D of the National Security Act of 
     1947 (50 U.S.C. 415a-6) is amended by striking subsection 
     (e).
       (4) Measures to protect the identities of covert agents.--
     Title VI of the National Security Act of 1947 (50 U.S.C. 421 
     et seq.) is amended--
       (A) by striking section 603; and
       (B) by redesignating sections 604, 605, and 606 as sections 
     603, 604, and 605, respectively.
       (b) Technical and Conforming Amendments.--
       (1) Report submission dates.--Section 507 of the National 
     Security Act of 1947 (50 U.S.C. 415b) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by striking subparagraphs (A), (C), and (D);
       (II) by redesignating subparagraphs (B), (E), (F), (G), 
     (H), and (I) as subparagraphs (A), (B), (C), (D), (E), and 
     (F), respectively; and
       (III) in subparagraph (D), as so redesignated, by striking 
     ``section 114(c).'' and inserting ``section 114(a).''; and

       (ii) by amending paragraph (2) to read as follows:
       ``(2) The date for the submittal to the congressional 
     intelligence committees of the annual report on the threat of 
     attack on the United States from weapons of mass destruction 
     required by section 114(b) shall be the date each year 
     provided in subsection (c)(1)(B).'';
       (B) in subsection (c)(1)(B), by striking ``each'' and 
     inserting ``the''; and
       (C) in subsection (d)(1)(B), by striking ``an'' and 
     inserting ``the''.
       (2) Table of contents of the national security act of 
     1947.--The table of contents in the first section of the 
     National Security Act of 1947 is amended by striking the 
     items relating to sections 603, 604, 605, and 606 and 
     inserting the following new items:

``Sec. 603. Extraterritorial jurisdiction.
``Sec. 604. Providing information to Congress.
``Sec. 605. Definitions.''.

[[Page S8511]]

     TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY

     SEC. 401. WORKING CAPITAL FUND AMENDMENTS.

       Section 21 of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 403u) is amended as follows:
       (1) In subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``and'' at the end;
       (ii) in subparagraph (C), by striking ``program.'' and 
     inserting ``program; and''; and
       (iii) by adding at the end the following:
       ``(D) authorize such providers to make known their services 
     to the entities specified in section (a) through Government 
     communication channels.''; and
       (B) by adding at the end the following:
       ``(3) The authority in paragraph (1)(D) does not include 
     the authority to distribute gifts or promotional items.''; 
     and
       (2) in subsection (c)--
       (A) in paragraph (2)(E), by striking ``from the sale or 
     exchange of equipment or property of a central service 
     provider'' and inserting ``from the sale or exchange of 
     equipment, recyclable materials, or property of a central 
     service provider.''; and
       (B) in paragraph (3)(B), by striking ``subsection (f)(2)'' 
     and inserting ``subsections (b)(1)(D) and (f)(2)''.

                         TITLE V--OTHER MATTERS

     SEC. 501. HOMELAND SECURITY INTELLIGENCE PROGRAM.

       There is established within the Department of Homeland 
     Security a Homeland Security Intelligence Program. The 
     Homeland Security Intelligence Program constitutes the 
     intelligence activities of the Office of Intelligence and 
     Analysis of the Department that serve predominantly 
     departmental missions.

     SEC. 502. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF 
                   THE RESEARCH AND DEVELOPMENT PROGRAMS OF THE 
                   UNITED STATES INTELLIGENCE COMMUNITY.

       Section 1007(a) of the Intelligence Authorization Act for 
     Fiscal Year 2003 (Public Law 107-306; 50 U.S.C. 401 note) is 
     amended by striking ``Not later than one year after the date 
     on which all members of the Commission are appointed pursuant 
     to section 701(a)(3) of the Intelligence Authorization Act 
     for Fiscal Year 2010,'' and inserting ``Not later than March 
     31, 2013,''.

     SEC. 503. PROTECTING THE INFORMATION TECHNOLOGY SUPPLY CHAIN 
                   OF THE UNITED STATES.

       (a) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit to the congressional intelligence committees a 
     report that--
       (1) identifies foreign suppliers of information technology 
     (including equipment, software, and services) that are linked 
     directly or indirectly to a foreign government, including--
       (A) by ties to the military forces of a foreign government;
       (B) by ties to the intelligence services of a foreign 
     government; or
       (C) by being the beneficiaries of significant low interest 
     or no interest loans, loan forgiveness, or other support by a 
     foreign government; and
       (2) assesses the vulnerability to malicious activity, 
     including cyber crime or espionage, of the telecommunications 
     networks of the United States due to the presence of 
     technology produced by suppliers identified under paragraph 
     (1).
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (c) Telecommunications Networks of the United States 
     Defined.--In this section, the term ``telecommunications 
     networks of the United States'' includes--
       (1) telephone systems;
       (2) Internet systems;
       (3) fiber optic lines, including cable landings;
       (4) computer networks; and
       (5) smart grid technology under development by the 
     Department of Energy.

     SEC. 504. NOTIFICATION REGARDING THE AUTHORIZED PUBLIC 
                   DISCLOSURE OF NATIONAL INTELLIGENCE.

       (a) Notification.--In the event of an authorized disclosure 
     of national intelligence or intelligence related to national 
     security to the persons or entities described in subsection 
     (b), the government official responsible for authorizing the 
     disclosure shall submit to the congressional intelligence 
     committees on a timely basis a notification of the disclosure 
     if--
       (1) at the time of the disclosure--
       (A) such intelligence is classified; or
       (B) is declassified for the purpose of the disclosure; and
       (2) the disclosure will be made by an officer, employee, or 
     contractor of the Executive branch.
       (b) Persons or Entities Described.--The persons or entities 
     described in this subsection are as follows:
       (1) Media personnel.
       (2) Any person or entity, if the disclosure described in 
     subsection (a) is made with the intent or knowledge that such 
     information will be made publicly available.
       (c) Content.--Each notification required under subsection 
     (a) shall--
       (1) provide the specific title and authority of the 
     individual authorizing the disclosure;
       (2) if applicable, provide the specific title and authority 
     of the individual who authorized the declassification of the 
     intelligence disclosed; and
       (3) describe the intelligence disclosed, including the 
     classification of the intelligence prior to its disclosure or 
     declassification and the rationale for making the disclosure.
       (d) Exception.--The notification requirement in this 
     section does not apply to a disclosure made--
       (1) pursuant to any statutory requirement, including to 
     section 552 of title 5, United States Code (commonly referred 
     to as the ``Freedom of Information Act'');
       (2) in connection with a civil, criminal, or administrative 
     proceeding;
       (3) as a result of a declassification review process under 
     Executive Order 13526 (50 U.S.C. 435 note) or any successor 
     order; or
       (4) to any officer, employee, or contractor of the Federal 
     government or member of an advisory committee to an element 
     of the intelligence community who possesses an active 
     security clearance and a need to know the specific national 
     intelligence or intelligence related to national security, as 
     defined in section 3(5) of the National Security Act of 1947 
     (50 U.S.C. 401a(5)).
       (e) Sunset.--The notification requirement of this section 
     shall cease to be effective for any disclosure described in 
     subsection (a) that occurs on or after the date that is one 
     year after the date of the enactment of this Act.

     SEC. 505. TECHNICAL AMENDMENTS RELATED TO THE OFFICE OF THE 
                   DIRECTOR OF NATIONAL INTELLIGENCE.

       (a) Personnel Practices.--Section 2302(a)(2)(C) of title 5, 
     United States Code, is amended by striking clause (ii) and 
     inserting the following:
       ``(ii)(I) the Federal Bureau of Investigation, the Central 
     Intelligence Agency, the Defense Intelligence Agency, the 
     National Geospatial-Intelligence Agency, the National 
     Security Agency, the Office of the Director of National 
     Intelligence, and the National Reconnaissance Office; and
       ``(II) as determined by the President, any executive agency 
     or unit thereof the principal function of which is the 
     conduct of foreign intelligence or counterintelligence 
     activities, provided that the determination be made prior to 
     a personnel action; or''.
       (b) Senior Executive Service.--Section 3132(a)(1)(B) of 
     title 5, United States Code, is amended by inserting ``the 
     Office of the Director of National Intelligence,'' after 
     ``the Central Intelligence Agency,''.

     SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE 
                   AGENCY.

       Section 606(5) of the National Security Act of 1947 (50 
     U.S.C. 426) is amended to read as follows:
       ``(5) The term `intelligence agency' means the elements of 
     the intelligence community, as that term is defined in 
     section 3(4).''.

     SEC. 507. BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 3442. Mr. REID (for Mr. Burr) proposed an amendment to the bill 
H.R. 1464, to express the sense of Congress regarding North Korean 
children and children of one North Korean parent and to require the 
Department of State regularly to brief appropriate congressional 
committees on efforts to advocate for and develop a strategy to provide 
assistance in the best interest of these children; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``North Korean Child Welfare 
     Act of 2012''.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) hundreds of thousands of North Korean children suffer 
     from malnutrition in North Korea, and North Korean children 
     or children of one North Korean parent who are living outside 
     of North Korea may face statelessness in neighboring 
     countries; and
       (2) the Secretary of State should advocate for the best 
     interests of these children, including, when possible, 
     facilitating immediate protection for those living outside 
     North Korea through family reunification or, if appropriate 
     and eligible in individual cases, domestic or international 
     adoption.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) Hague country.--The term ``Hague country'' means a 
     country where the Convention on Protection of Children and 
     Cooperation in Respect of Intercountry Adoption, done at The 
     Hague May 29, 1993, has entered into force and is fully 
     implemented.
       (3) Non-hague country.--The term ``non-Hague country'' 
     means a country where the Convention on Protection of 
     Children and Cooperation in Respect of Intercountry Adoption, 
     done at The Hague May 29, 1993, has not entered into force.

[[Page S8512]]

     SEC. 4. BRIEFINGS ON THE WELFARE OF NORTH KOREAN CHILDREN.

       (a) In General.--The Secretary of State shall designate a 
     representative to regularly brief the appropriate 
     congressional committees in an unclassified setting on United 
     States Government efforts to advocate for the best interests 
     of North Korean children and children of one North Korean 
     parent, including efforts to address, when appropriate, the 
     adoption of such children living outside North Korea without 
     parental care.
       (b) Contents.--The Secretary's designee shall be prepared 
     to address in each briefing the following topics:
       (1) The analysis of the Department of State of the 
     challenges facing North Korean children residing outside 
     North Korea and challenges facing children of one North 
     Korean parent in other countries who are fleeing persecution 
     or are living as de jure or de facto stateless persons.
       (2) Department of State efforts to advocate for the best 
     interest of North Korean children residing outside North 
     Korea or children of one North Korean parent living in other 
     countries who are fleeing persecution or are living as de 
     jure or de facto stateless persons, including, when possible, 
     efforts to address the immediate care and family 
     reunification of these children, and, in individual cases 
     where appropriate, the adoption of eligible North Korean 
     children living outside North Korea and children of one North 
     Korean parent living outside North Korea.
       (3) Department of State efforts to develop a comprehensive 
     strategy to address challenges that United States citizens 
     would encounter in attempting to adopt, via intercountry 
     adoption, North Korean-origin children residing in other 
     countries or children of one North Korean parent residing 
     outside North Korea who are fleeing persecution or are living 
     as de jure or de facto stateless persons, including efforts 
     to overcome the complexities involved in determining 
     jurisdiction for best interest determinations and adoption 
     processing, if appropriate, of those who habitually reside in 
     a Hague country or a non-Hague country.
       (4) Department of State diplomatic efforts to encourage 
     countries in which North Korean children or children of one 
     North Korean parent are fleeing persecution or reside as de 
     jure or de facto stateless persons to resolve issues of 
     statelessness of North Koreans residing in that country.
       (5) Department of State efforts to work with the Government 
     of the Republic of Korea to establish pilot programs that 
     identify, provide for the immediate care of, and assist in 
     the family reunification of North Korean children and 
     children of one North Korean parent living within South Korea 
     and other countries who are fleeing persecution or are living 
     as de jure or de facto stateless persons.
                                 ______
                                 
  SA 3443. Mr. REID (for Mr. Burr) proposed an amendment to the bill 
H.R. 1464, to express the sense of Congress regarding North Korean 
children and children of one North Korean parent and to require the 
Department of State regularly to brief appropriate congressional 
committees on efforts to advocate for and develop a strategy to provide 
assistance in the best interest of these children; as follows:

       Amend the title so as to read: ``To express the sense of 
     Congress regarding North Korean children and children of one 
     North Korean parent and to require the Department of State 
     regularly to brief appropriate congressional committees on 
     efforts to advocate for and develop a strategy to provide 
     assistance in the best interest of these children.''.
                                 ______
                                 
  SA 3444. Mr. REID (for Mr. Leahy (for himself and Mr. Grassley)) 
proposed an amendment to the bill H.R. 6621, to correct and improve 
certain provisions of the Leahy-Smith America Invents Act and title 35, 
United States Code; as folows.

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TECHNICAL CORRECTIONS.

       (a) Advice of Counsel.--Notwithstanding section 35 of the 
     Leahy-Smith America Invents Act (35 U.S.C. 1 note), section 
     298 of title 35, United States Code, shall apply to any civil 
     action commenced on or after the date of the enactment of 
     this Act.
       (b) Transitional Program for Covered Business Method 
     Patents.--Section 18 of the Leahy-Smith America Invents Act 
     (35 U.S.C. 321 note) is amended--
       (1) in subsection (a)(1)(C)((i), by striking ``of such 
     title'' the second place it appears; and
       (2) in subsection (d)(2), by striking ``subsection'' and 
     inserting ``section''.
       (c) Joinder of Parties.--Section 299(a) of title 35, United 
     States Code, is amended in the matter preceding paragraph (1) 
     by striking ``or counterclaim defendants only if'' and 
     inserting ``only if''.
       (d) Dead Zones.--
       (1) Inter partes review.--Section 311(c) of title 35, 
     United States Code, shall not apply to a petition to 
     institute an inter partes review of a patent that is not a 
     patent described in section 3(n)(1) of the Leahy-Smith 
     America Invents Act (35 U.S.C. 100 note).
       (2) Reissue.--Section 311(c)(1) of title 35, United States 
     Code, is amended by striking ``or issuance of a reissue of a 
     patent''.
       (e) Correct Inventor.--
       (1) In general.--Section 135(e) of title 35, United States 
     Code, as amended by section 3(i) of the Leahy-Smith America 
     Invents Act, is amended by striking ``correct inventors'' and 
     inserting ``correct inventor''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall be effective as if included in the amendment made by 
     section 3(i) of the Leahy-Smith America Invents Act.
       (f) Inventor's Oath or Declaration.--Section 115 of title 
     35, United States Code, as amended by section 4 of the Leahy-
     Smith America Invents Act, is amended--
       (1) by striking subsection (f) and inserting the following:
       ``(f) Time for Filing.--The applicant for patent shall 
     provide each required oath or declaration under subsection 
     (a), substitute statement under subsection (d), or recorded 
     assignment meeting the requirements of subsection (e) no 
     later than the date on which the issue fee for the patent is 
     paid.''; and
       (2) in subsection (g)(1), by striking ``who claims'' and 
     inserting ``that claims''.
       (g) Travel Expenses and Payment of Administrative Judges.--
     Notwithstanding section 35 of the Leahy-Smith America Invents 
     Act (35 U.S.C. 1 note), the amendments made by section 21 of 
     the Leahy-Smith America Invents Act (Public Law 112-29; 125 
     Stat. 335) shall be effective as of September 16, 2011.
       (h) Patent Term Adjustments.--Section 154(b) of title 35, 
     United States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A)(i)(II), by striking ``on which an 
     international application fulfilled the requirements of 
     section 371 of this title'' and inserting ``of commencement 
     of the national stage under section 371 in an international 
     application''; and
       (B) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``the application in the United States'' and 
     inserting ``the application under section 111(a) in the 
     United States or, in the case of an international 
     application, the date of commencement of the national stage 
     under section 371 in the international application'';
       (2) in paragraph (3)(B)(i), by striking ``with the written 
     notice of allowance of the application under section 151'' 
     and inserting ``no later than the date of issuance of the 
     patent''; and
       (3) in paragraph (4)(A)--
       (A) by striking ``a determination made by the Director 
     under paragraph (3) shall have remedy'' and inserting ``the 
     Director's decision on the applicant's request for 
     reconsideration under paragraph (3)(B)(ii) shall have 
     exclusive remedy''; and
       (B) by striking ``the grant of the patent'' and inserting 
     ``the date of the Director's decision on the applicant's 
     request for reconsideration''.
       (i) Improper Applicant.--Section 373 of title 35, United 
     States Code, and the item relating to that section in the 
     table of sections for chapter 37 of such title, are repealed.
       (j) Financial Management Clarifications.--Section 42(c)(3) 
     of title 35, United States Code, is amended--
       (1) in subparagraph (A)--
       (A) by striking ``sections 41, 42, and 376,'' and inserting 
     ``this title,''; and
       (B) by striking ``a share of the administrative costs of 
     the Office relating to patents'' and inserting ``a 
     proportionate share of the administrative costs of the 
     Office''; and
       (2) in subparagraph (B), by striking ``a share of the 
     administrative costs of the Office relating to trademarks'' 
     and inserting ``a proportionate share of the administrative 
     costs of the Office''.
       (k) Derivation Proceedings.--
       (1) In general.--Section 135(a) of title 35, United States 
     Code, as amended by section 3(i) of the Leahy-Smith America 
     Invents Act, is amended to read as follows:
       ``(a) Institution of Proceeding.--
       ``(1) In general.--An applicant for patent may file a 
     petition with respect to an invention to institute a 
     derivation proceeding in the Office. The petition shall set 
     forth with particularity the basis for finding that an 
     individual named in an earlier application as the inventor or 
     a joint inventor derived such invention from an individual 
     named in the petitioner's application as the inventor or a 
     joint inventor and, without authorization, the earlier 
     application claiming such invention was filed. Whenever the 
     Director determines that a petition filed under this 
     subsection demonstrates that the standards for instituting a 
     derivation proceeding are met, the Director may institute a 
     derivation proceeding.
       ``(2) Time for filing.--A petition under this section with 
     respect to an invention that is the same or substantially the 
     same invention as a claim contained in a patent issued on an 
     earlier application, or contained in an earlier application 
     when published or deemed published under section 122(b), may 
     not be filed unless such petition is filed during the 1-year 
     period following the date on which the patent containing such 
     claim was granted or the earlier application containing such 
     claim was published, whichever is earlier.
       ``(3) Earlier application.--For purposes of this section, 
     an application shall not be deemed to be an earlier 
     application with respect to an invention, relative to another 
     application, unless a claim to the invention was or could 
     have been made in such application having an effective filing 
     date that is earlier than the effective filing date of any 
     claim to the invention that was or could have been made in 
     such other application.
       ``(4) No appeal.--A determination by the Director whether 
     to institute a derivation

[[Page S8513]]

     proceeding under paragraph (1) shall be final and not 
     appealable.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall be effective as if included in the amendment made by 
     section 3(i) of the Leahy-Smith America Invents Act.
       (3) Review of interference decisions.--The provisions of 
     sections 6 and 141 of title 35, United States Code, and 
     section 1295(a)(4)(A) of title 28, United States Code, as in 
     effect on September 15, 2012, shall apply to interference 
     proceedings that are declared after September 15, 2012, under 
     section 135 of title 35, United States Code, as in effect 
     before the effective date under section 3(n) of the Leahy-
     Smith America Invents Act. The Patent Trial and Appeal Board 
     may be deemed to be the Board of Patent Appeals and 
     Interferences for purposes of such interference proceedings.
       (l) Patent and Trademark Public Advisory Committees.--
       (1) In general.--Section 5(a) of title 35, United States 
     Code, is amended--
       (A) in paragraph (1), by striking ``Members of'' and all 
     that follows through ``such appointments.'' and inserting the 
     following: ``In each year, 3 members shall be appointed to 
     each Advisory Committee for 3-year terms that shall begin on 
     December 1 of that year. Any vacancy on an Advisory Committee 
     shall be filled within 90 days after it occurs. A new member 
     who is appointed to fill a vacancy shall be appointed to 
     serve for the remainder of the predecessor's term.'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Chair.--The Secretary of Commerce, in consultation 
     with the Director, shall designate a Chair and Vice Chair of 
     each Advisory Committee from among the members appointed 
     under paragraph (1). If the Chair resigns before the 
     completion of his or her term, or is otherwise unable to 
     exercise the functions of the Chair, the Vice Chair shall 
     exercise the functions of the Chair.''; and
       (C) by striking paragraph (3).
       (2) Transition.--
       (A) In general.--The Secretary of Commerce shall, in the 
     Secretary's discretion, determine the time and manner in 
     which the amendments made by paragraph (1) shall take effect, 
     except that, in each year following the year in which this 
     Act is enacted, 3 members shall be appointed to each Advisory 
     Committee (to which such amendments apply) for 3-year terms 
     that begin on December 1 of that year, in accordance with 
     section 5(a) of title 35, United States Code, as amended by 
     paragraph (1) of this subsection.
       (B) Deemed termination of terms.--In order to implement the 
     amendments made by paragraph (1), the Secretary of Commerce 
     may determine that the term of an existing member of an 
     Advisory Committee under section 5 of title 35, United States 
     Code, shall be deemed to terminate on December 1 of a year 
     beginning after the date of the enactment of this Act, 
     regardless of whether December 1 is before or after the date 
     on which such member's term would terminate if this Act had 
     not been enacted.
       (m) Clerical Amendment.--Section 123(a) of title 35, United 
     States Code, is amended in the matter preceding paragraph (1) 
     by inserting ``of this title'' after ``For purposes''.
       (n) Effective Date.--Except as otherwise provided in this 
     Act, the amendments made by this Act shall take effect on the 
     date of enactment of this Act, and shall apply to proceedings 
     commenced on or after such date of enactment.

                          ____________________