[Congressional Record (Bound Edition), Volume 158 (2012), Part 7]
[Senate]
[Pages 9366-9367]
[From the U.S. Government Publishing Office, www.gpo.gov]




 AUTHORIZING CERTAIN FUNDS FOR AN INTELLIGENCE OR INTELLIGENCE-RELATED 
                                ACTIVITY

  Mrs. BOXER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 3314 introduced earlier 
today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant bill clerk read as follows:

       A bill (S. 3314) to specifically authorize certain funds 
     for an intelligence or intelligence-related activity, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mrs. FEINSTEIN. Mr. President, Vice Chairman Chambliss and I are 
introducing a bill today to authorize funds included in the fiscal year 
2012 Defense Appropriations Act that were not previously authorized.
  Last year, the classified annex to the Department of Defense 
Appropriations Act, 2012, division A of the conference report on H.R. 
2055, the Consolidated Appropriations Act, 2012, added three funding 
lines for two separate intelligence programs. While those programs are 
part of the National Intelligence Program, these additional funds were 
placed in a separate budgetary account, the Military Intelligence 
Program.
  The additional funds for these items included in the defense 
appropriations conference annex were not included in the Intelligence 
Authorization Act for fiscal year 2012, Public Law 112-87, which 
authorized the National Intelligence Program budget. Neither were the 
additional funds for these items included in the National Defense 
Authorization Act for fiscal year 2012, Public Law 112-81, which 
authorized the Military Intelligence Program budget.
  This created a situation in which funds for an intelligence program 
were appropriated but not authorized in statute. Section 504(a)(1) of 
the National Security Act states that funds may be obligated or 
expended for an intelligence or intelligence-related activity only if 
those funds were specifically authorized by the Congress for such 
activities.
  As a result, the additional funds appropriated for these items have 
not been specifically authorized as required by section 504 and, 
therefore, may not be obligated or expended for these intelligence 
activities.
  Vice Chairman Chambliss and I have no substantive objections to 
expending the appropriated funds for these specific programs. However, 
we hold strongly to the principle that intelligence funds must be 
authorized if they are to be spent--this is one of the major purposes 
of the annual intelligence authorization bills.
  We have discussed this matter with the Director of National 
Intelligence James Clapper and the Secretary of Defense Leon Panetta, 
and have agreed to seek passage of this legislation to permit them to 
spend these funds for the purposes identified in the 2012 Defense 
Appropriations Act.
  The bill we are introducing today is very simple and quite short. It 
specifically authorizes the increased funding for these specific items 
to the extent that they are in excess to the amounts authorized in the 
Intelligence Authorization Act for fiscal year 2012.
  For reasons of classification, I can't describe the nature of these 
intelligence programs on the Floor. Any Member, however, is welcome to 
come to the Intelligence Committee office and receive a briefing on the 
programs and why the funding is important.
  I believe this legislation is necessary as a technical correction to 
permit funds already appropriated to be obligated and expended. I 
appreciate the work and cooperation of my Vice Chairman Senator 
Chambliss on this matter and hope this legislation will move quickly to 
enactment.
  Mrs. BOXER. Mr. President, I further ask that the bill be read three 
times, and the Senate proceed to a voice vote on passage of the 
measure.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  The PRESIDING OFFICER. Is there any further debate?
  If not, the bill having been read the third time, the question is, 
shall the bill pass?
  The bill (S. 3314) was passed, as follows:

                                S. 3314

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AUTHORIZATION OF FUNDS FOR INTELLIGENCE 
                   ACTIVITIES.

       Funds appropriated for an intelligence or intelligence-
     related activity of the United States Government as described 
     on the last three lines in the table entitled Military 
     Intelligence Program, Fiscal Year 2012 Recommendation, 
     Summary on the third page after page 69 of the funding tables 
     in the classified annex to the Joint Explanatory Statement of 
     the Committee of Conference to accompany the Consolidated 
     Appropriations Act, 2012 (Public Law 112-74; 125 Stat. 786), 
     in excess of the amount specified for such activity in the 
     tables in the classified annex prepared to accompany the 
     Intelligence Authorization Act for Fiscal Year 2012 (Public 
     Law 112-87; 125 Stat. 1876) shall be specifically authorized 
     by Congress for purposes of section 504 of the National 
     Security Act of 1947 (50 U.S.C. 414).

  Mrs. BOXER. I further ask that the motion to reconsider be laid upon 
the table with no intervening action or debate, and that any statements 
relating to the measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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