II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Intelligence Authorization Act for Fiscal Year 2013’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ means— 

6 (A) the Select Committee on Intelligence of 

7 the Senate; and 

8 (B) the Permanent Select Committee on 

9 Intelligence of the House of Representatives. 

10 (2) INTELLIGENCE COMMUNITY.—The term 

11 ‘‘intelligence community’’ has the meaning given 

12 that term in section 3(4) of the National Security 

13 Act of 1947 (50 U.S.C. 401a(4)). 


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1 TITLE I—BUDGET AND 

2 PERSONNEL AUTHORIZATIONS 

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

4 Funds are hereby authorized to be appropriated for 

5 fiscal year 2013 for the conduct of the intelligence and 

6 intelligence-related activities of the following elements of 

7 the United States Government: 

8 (1) The Office of the Director of National Intel9 ligence. 

10 (2) The Central Intelligence Agency. 

11 (3) The Department of Defense. 

12 (4) The Defense Intelligence Agency. 

13 (5) The National Security Agency. 

14 (6) The Department of the Army, the Depart15 ment of the Navy, and the Department of the Air 

16 Force. 

17 (7) The Coast Guard. 

18 (8) The Department of State. 

19 (9) The Department of the Treasury. 

20 (10) The Department of Energy. 

21 (11) The Department of Justice. 

22 (12) The Federal Bureau of Investigation. 

23 (13) The Drug Enforcement Administration. 

24 (14) The National Reconnaissance Office. 


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1 (15) The National Geospatial-Intelligence Agen2 cy. 

3 (16) The Department of Homeland Security. 

4 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

5 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

6 LEVELS.—The amounts authorized to be appropriated 

7 under section 101 and the authorized total personnel levels 

8 by program (expressed as full-time equivalent positions) 

9 for the conduct of the intelligence activities of the elements 

10 listed in paragraphs (1) through (16) of section 101, are 

11 those specified in the classified Schedule of Authorizations 

12 prepared to accompany the bill S. lllllll of the 

13 One Hundred Twelfth Congress. The classified Schedule 

14 of Authorizations is incorporated by reference into this 

15 Act and has the legal status of a public law. 

16 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU17 THORIZATIONS.—The classified Schedule of Authoriza18 tions referred to in subsection (a) shall be made available 

19 to the Committee on Appropriations of the Senate, the 

20 Committee on Appropriations of the House of Representa21 tives, and to the President. The President shall provide 

22 for suitable distribution of the Schedule, or of appropriate 

23 portions of the Schedule, within the executive branch. 


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1 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

2 (a) AUTHORITY FOR INCREASES.—The Director of 

3 National Intelligence may authorize the employment of ci4 vilian personnel in excess of the number of full-time equiv5 alent positions for fiscal year 2013 authorized by the clas6 sified Schedule of Authorizations referred to in section 

7 102(a) if the Director of National Intelligence determines 

8 that such action is necessary to the performance of impor9 tant intelligence functions, except that the number of per10 sonnel employed in excess of the number authorized under 

11 such section may not, for any element of the Intelligence 

12 Community, exceed 3 percent of the number of civilian 

13 personnel authorized under such section for such element. 

14 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di15 rector of National Intelligence shall establish guidelines 

16 that govern, for each element of the Intelligence Commu17 nity, the treatment under the personnel levels authorized 

18 under section 102(a), including any exemption from such 

19 personnel levels, of employment or assignment in— 

20 (1) a student program, trainee program, or 

21 similar program; 

22 (2) a reserve corps or as a reemployed annu23 itant; or 

24 (3) details, joint duty, or long term, full-time 

25 training. 


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1 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE

2 COMMITTEES.—The Director of National Intelligence 

3 shall notify the congressional intelligence committees in 

4 writing at least 15 days prior to the initial exercise of an 

5 authority described in subsection (a). 

6 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC7 COUNT. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) IN GENERAL.—There is authorized to be 

10 appropriated for the Intelligence Community Man11 agement Account of the Director of National Intel12 ligence for fiscal year 2013 the sum of 

13 $542,346,000. 

14 (2) AVAILABILITY OF CERTAIN FUNDS.—Of the 

15 amounts authorized to be appropriated by paragraph 

16 (1), funds identified in the classified Schedule of Au17 thorizations referred to in section 102(a) for ad18 vanced research and development shall remain avail19 able until September 30, 2014. 

20 (b) AUTHORIZED PERSONNEL LEVELS.—The ele21 ments within the Intelligence Community Management 

22 Account of the Director of National Intelligence are au23 thorized 827 full-time or full-time equivalent personnel as 

24 of September 30, 2013. Personnel serving in such ele25 ments may be permanent employees of the Office of the 


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1 Director of National Intelligence or personnel detailed 

2 from other elements of the United States Government. 

3 (c) CLASSIFIED AUTHORIZATION OF APPROPRIA4 TIONS.— 

5 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

6 addition to amounts authorized to be appropriated 

7 for the Intelligence Community Management Ac8 count by subsection (a), there are authorized to be 

9 appropriated for the Community Management Ac10 count for fiscal year 2013 such additional amounts 

11 as are specified in the classified Schedule of Author12 izations referred to in section 102(a). Such addi13 tional amounts for advanced research and develop14 ment shall remain available until September 30, 

15 2014. 

16 (2) AUTHORIZATION OF PERSONNEL.—In addi17 tion to the personnel authorized by subsection (b) 

18 for elements of the Intelligence Community Manage19 ment Account as of September 30, 2013, there are 

20 authorized such additional personnel for the Com21 munity Management Account as of that date as are 

22 specified in the classified Schedule of Authorizations 

23 referred to in section 102(a). 


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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for the Cen7 tral Intelligence Agency Retirement and Disability Fund 

8 for fiscal year 2013 the sum of $514,000,000. 

9 TITLE III—GENERAL INTEL10 LIGENCE COMMUNITY MAT11 TERS 

12 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

13 ACTIVITIES. 

14 The authorization of appropriations by this Act shall 

15 not be deemed to constitute authority for the conduct of 

16 any intelligence activity which is not otherwise authorized 

17 by the Constitution or the laws of the United States. 

18 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

19 BENEFITS AUTHORIZED BY LAW. 

20 Appropriations authorized by this Act for salary, pay, 

21 retirement, and other benefits for Federal employees may 

22 be increased by such additional or supplemental amounts 

23 as may be necessary for increases in such compensation 

24 or benefits authorized by law. 


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1 SEC. 303. NON-REIMBURSABLE DETAILS. 

2 Section 113A of the National Security Act of 1947 

3 (50 U.S.C. 404h–1) is amended— 

4 (1) by striking ‘‘two years.’’ and inserting 

5 ‘‘three years.’’; and 

6 (2) by adding at the end ‘‘A non-reimbursable 

7 detail made under this section shall not be consid8 ered an augmentation of the appropriations of the 

9 receiving element of the intelligence community.’’. 

10 SEC. 304. SOFTWARE LICENSING. 

11 (a) IN GENERAL.—Not later than 120 days after the 

12 date of the enactment of this Act, each chief information 

13 officer for an element of the intelligence community, in 

14 consultation with the Chief Information Officer of the in15 telligence community, shall— 

16 (1) conduct an inventory of software licenses 

17 held by such element, including utilized and unuti18 lized licenses; and 

19 (2) report the results of such inventory to the 

20 Chief Information Officer of the intelligence commu21 nity. 

22 (b) REPORTING TO CONGRESS.—The Chief Informa23 tion Officer of the intelligence community shall— 

24 (1) not later than 180 days after the date of 

25 the enactment of this Act, provide to the congres26 sional intelligence committees a copy of each report 


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1 received by the Chief Information Officer under sub2 section (a)(2), along with any comments the Chief 

3 Information Officer wishes to provide; and 

4 (2) transmit any portion of a report submitted 

5 under paragraph (1) involving a component of a de6 partment of the United States Government to the 

7 committees of the Senate and of the House of Rep8 resentatives with jurisdiction over such department 

9 simultaneously with submission of such report to the 

10 congressional intelligence committees. 

11 SEC. 305. IMPROPER PAYMENTS ELIMINATION AND RECOV12 ERY ACT OF 2010 COMPLIANCE. 

13 (a) PLAN FOR COMPLIANCE.— 

14 (1) IN GENERAL.—The Director of National In15 telligence, the Director of the Central Intelligence 

16 Agency, the Director of the Defense Intelligence 

17 Agency, the Director of the National Geospatial-In18 telligence Agency, and the Director of the National 

19 Security Agency shall each develop a corrective ac20 tion plan, with major milestones, that delineates how 

21 the Office of the Director of National Intelligence 

22 and each such Agency will achieve compliance, not 

23 later than September 30, 2013, with Improper Pay24 ments Elimination and Recovery Act of 2010 (Public 


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1 Law 111–204; 124 Stat. 2224), and the amend2 ments made by that Act. 

3 (2) SUBMISSION TO CONGRESS.—Not later than 

4 45 days after the date of the enactment of this 

5 Act— 

6 (A) each Director referred to in paragraph 

7 (1) shall submit to the congressional intel8 ligence committees the corrective action plan re9 quired by such paragraph; and 

10 (B) the Director of the Defense Intel11 ligence Agency, the Director of the National 

12 Geospatial-Intelligence Agency, and the Direc13 tor of the National Security Agency shall each 

14 submit to the Committees on Armed Services of 

15 the Senate and the House of Representatives 

16 the corrective action plan required by para17 graph (1) with respect to the applicable Agency. 

18 (b) REVIEW BY INSPECTORS GENERAL.— 

19 (1) IN GENERAL.—Not later than 45 days after 

20 the completion of a corrective action plan required 

21 by subsection (a)(1), the Inspector General of the 

22 appropriate Agency, and in the case of the Director 

23 of National Intelligence, the Inspector General of the 

24 Intelligence Community, shall provide to the conVerDate Mar 15 2010 22:36 Jul 30, 2012 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3454.PCS S3454

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1 gressional intelligence committees an assessment of 

2 such plan that includes— 

3 (A) the assessment of the Inspector Gen4 eral of whether such Agency or Office is or is 

5 not likely to reach compliance with the require6 ments of the Improper Payments Elimination 

7 and Recovery Act of 2010 (Public Law 111– 

8 204; 124 Stat. 2224), and the amendments 

9 made by that Act, by September 30, 2013; and 

10 (B) the basis of the Inspector General for 

11 such assessment. 

12 (2) ADDITIONAL SUBMISSION OF REVIEWS OF

13 CERTAIN INSPECTORS GENERAL.—Not later than 45 

14 days after the completion of a corrective action plan 

15 required by subsection (a)(1), the Inspector General 

16 of the Defense Intelligence Agency, the Inspector 

17 General of the National Geospatial-Intelligence 

18 Agency, and the Inspector General of the National 

19 Security Agency shall each submit to the Commit20 tees on Armed Services of the Senate and the House 

21 of Representatives the assessment of the applicable 

22 plan provided to the congressional intelligence com23 mittees under paragraph (1). 


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1 SEC. 306. AUTHORITIES OF THE INSPECTOR GENERAL OF 

2 THE INTELLIGENCE COMMUNITY. 

3 Section 103H(j) of the National Security Act of 1947 

4 (50 U.S.C. 403–3h(j)) is amended by adding at the end 

5 the following new paragraph: 

6 ‘‘(5)(A) The Inspector General may designate an offi7 cer or employee appointed in accordance with this section 

8 as a law enforcement officer solely for purposes of sub9 chapter III of chapter 83 or chapter 84 of title 5, United 

10 States Code, if such officer or employee is appointed to 

11 a position in which the duty is to investigate suspected 

12 offenses against the criminal laws of the United States. 

13 ‘‘(B) In carrying out subparagraph (A), the Inspector 

14 General shall ensure that any authority under such clause 

15 is exercised in a manner consistent with the provisions of 

16 section 3307 of title 5, United States Code, as they relate 

17 to law enforcement officers. 

18 ‘‘(C) For purposes of applying sections 3307(d), 

19 8335(b), and 8425(b) of title 5, United States Code, the 

20 Inspector General may exercise the functions, powers, and 

21 duties of an agency head or appointing authority with re22 spect to the Office.’’. 

23 SEC. 307. MODIFICATION OF REPORTING SCHEDULE. 

24 (a) INSPECTOR GENERAL OF THE INTELLIGENCE

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1 curity Act of 1947 (50 U.S.C. 403–3h(k)(1)(A)) is amend2 ed— 

3 (1) by striking ‘‘January 31 and July 31’’ and 

4 inserting ‘‘October 31 and April 30’’; and 

5 (2) by striking ‘‘December 31 (of the preceding 

6 year) and June 30,’’ and inserting ‘‘September 30 

7 and March 31,’’. 

8 (b) INSPECTOR GENERAL FOR THE CENTRAL INTEL9 LIGENCE AGENCY.—Section 17(d)(1) of the Central Intel10 ligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is 

11 amended— 

12 (1) by striking ‘‘January 31 and July 31’’ and 

13 inserting ‘‘October 31 and April 30’’; and 

14 (2) by striking ‘‘December 31 (of the preceding 

15 year) and June 30,’’ and inserting ‘‘September 30 

16 and March 31,’’. 

17 SEC. 308. REPEAL OR MODIFICATION OF CERTAIN REPORT18 ING REQUIREMENTS. 

19 (a) REPEAL OF CERTAIN REPORTING REQUIRE20 MENTS.— 

21 (1) REPEAL OF REPORTING REQUIREMENT RE22 GARDING THE SAFETY AND SECURITY OF RUSSIAN

23 NUCLEAR FACILITIES AND NUCLEAR MILITARY

24 FORCES.—Section 114 of the National Security Act 

25 of 1947 (50 U.S.C. 404i) is amended— 


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1 (A) by striking subsection (a); and 

2 (B) by striking subsection (d). 

3 (2) REPEAL OF REPORTING REQUIREMENT RE4 GARDING INTELLIGENCE COMMUNITY BUSINESS SYS5 TEMS BUDGET INFORMATION.—Section 506D of the 

6 National Security Act of 1947 (50 U.S.C. 415a–6) 

7 is amended by striking subsection (e). 

8 (3) REPEAL OF REPORTING REQUIREMENTS RE9 GARDING SECURITY CLEARANCES.— 

10 (A) IN GENERAL.—Section 506H of the 

11 National Security Act of 1947 (50 U.S.C. 

12 415a–10) is repealed. 

13 (B) TABLE OF CONTENTS AMENDMENT.— 

14 The National Security Act of 1947 (50 U.S.C. 

15 401 et seq.) is amended in the table of contents 

16 in the first section by striking the item relating 

17 to section 506H. 

18 (4) REPEAL OF REPORTING REQUIREMENT RE19 GARDING MEASURES TO PROTECT THE IDENTITIES

20 OF COVERT AGENTS.— 

21 (A) IN GENERAL.—Section 603 of the Na22 tional Security Act of 1947 (50 U.S.C. 423) is 

23 repealed. 

24 (B) TABLE OF CONTENTS AMENDMENT.— 

25 The National Security Act of 1947 (50 U.S.C. 


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1 401 et seq.) is amended in the table of contents 

2 in the first section by striking the item relating 

3 to section 603. 

4 (5) REPEAL OF REPORTING REQUIREMENT RE5 GARDING ACQUISITION OF TECHNOLOGY RELATING

6 TO WEAPONS OF MASS DESTRUCTION AND AD7 VANCED CONVENTIONAL MUNITIONS.—Section 721 

8 of the Intelligence Authorization Act for Fiscal Year 

9 1997 (50 U.S.C. 2366) is repealed. 

10 (6) REPEAL OF REPORTING REQUIREMENT RE11 GARDING ANALYTIC INTEGRITY.—Section 1019 of 

12 the Intelligence Reform and Terrorism Prevention 

13 Act of 2004 (50 U.S.C. 403–1a) is amended— 

14 (A) by striking subsection (c); and 

15 (B) by striking subsection (d). 

16 (7) REPEAL OF REPORTING REQUIREMENT RE17 GARDING COUNTERINTELLIGENCE AND SECURITY

18 PRACTICES AT THE NATIONAL LABORATORIES.—Sec19 tion 4507 of the Atomic Energy Defense Act (50 

20 U.S.C. 2658) is repealed. 

21 (8) REPEAL OF REPORTING REQUIREMENT RE22 GARDING SECURITY VULNERABILITIES OF NATIONAL

23 LABORATORY COMPUTERS.—Section 4508 of the 

24 Atomic Energy Defense Act (50 U.S.C. 2659) is re25 pealed. 


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1 (b) MODIFICATION OF CERTAIN REPORTING RE2 QUIREMENTS.— 

3 (1) SUNSET OF REPORTING REQUIREMENT RE4 GARDING INTELLIGENCE COMMUNITY BUSINESS SYS5 TEM TRANSFORMATION.—Section 506D(j) of the 

6 National Security Act of 1947 (50 U.S.C. 415a– 

7 6(j)) is amended by striking ‘‘2015’’ and inserting 

8 ‘‘2013’’. 

9 (2) MODIFICATION OF REPORTING REQUIRE10 MENT REGARDING THE ACTIVITIES OF PRIVACY AND

11 CIVIL LIBERTIES OFFICERS.—Section 1062(f)(1) of 

12 the Intelligence Reform and Terrorism Prevention 

13 Act of 2004 (42 U.S.C. 2000ee–1(f)(1)) is amended 

14 by striking ‘‘quarterly,’’ and inserting ‘‘semiannu15 ally,’’. 

16 TITLE IV—MATTERS RELATING 

17 TO THE CENTRAL INTEL18 LIGENCE AGENCY 

19 SEC. 401. AUTHORITIES OF THE INSPECTOR GENERAL FOR 

20 THE CENTRAL INTELLIGENCE AGENCY. 

21 Section 17(e)(7) of the Central Intelligence Agency 

22 Act of 1949 (50 U.S.C. 403q(e)(7)) is amended— 

23 (1) by striking ‘‘Subject to applicable law’’ and 

24 inserting ‘‘(A) Subject to applicable law’’; and 


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1 (2) by adding at the end the following new sub2 paragraph: 

3 ‘‘(B)(i) The Inspector General may designate an offi4 cer or employee appointed in accordance with subpara5 graph (A) as a law enforcement officer solely for purposes 

6 of subchapter III of chapter 83 or chapter 84 of title 5, 

7 United States Code, if such officer or employee is ap8 pointed to a position in which the duty is to investigate 

9 suspected offenses against the criminal laws of the United 

10 States. 

11 ‘‘(ii) In carrying out clause (i), the Inspector General 

12 shall ensure that any authority under such clause is exer13 cised in a manner consistent with the provisions of section 

14 3307 of title 5, United States Code, as they relate to law 

15 enforcement officers. 

16 ‘‘(iii) For purposes of applying sections 3307(d), 

17 8335(b), and 8425(b) of title 5, United States Code, the 

18 Inspector General may exercise the functions, powers, and 

19 duties of an agency head or appointing authority with re20 spect to the Office.’’. 

21 SEC. 402. WORKING CAPITAL FUND AMENDMENTS. 

22 Section 21 of the Central Intelligence Agency Act of 

23 1949 (50 U.S.C. 403u) is amended as follows: 

24 (1) In subsection (b)— 

25 (A) in paragraph (1)— 


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1 (i) in subparagraph (B), by striking 

2 ‘‘and’’ at the end; 

3 (ii) in subparagraph (C), by striking 

4 ‘‘program.’’ and inserting ‘‘program; and’’; 

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(D) authorize such providers to make known 

9 their services to the entities specified in section (a) 

10 through Government communication channels.’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(3) The authority in paragraph (1)(D) does not in13 clude the authority to distribute gifts or promotional 

14 items.’’. 

15 (2) In subsection (c)— 

16 (A) in paragraph (2)(E), by striking ‘‘from 

17 the sale or exchange of equipment or property 

18 of a central service provider’’ and inserting 

19 ‘‘from the sale or exchange of equipment, recy20 clable materials, or property of a central service 

21 provider.’’; and 

22 (B) in paragraph (3)(B), by striking ‘‘sub23 section (f)(2)’’ and inserting ‘‘subsections 

24 (b)(1)(D) and (f)(2)’’. 


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1 TITLE V—PREVENTING UNAU2 THORIZED DISCLOSURES OF 

3 CLASSIFIED INFORMATION 

4 SEC. 501. NOTIFICATION REGARDING THE AUTHORIZED 

5 PUBLIC DISCLOSURE OF NATIONAL INTEL6 LIGENCE. 

7 (a) NOTIFICATION.—Concurrent with an authorized 

8 disclosure of national intelligence or intelligence related to 

9 national security to the persons or entities described in 

10 subsection (b), the government official responsible for au11 thorizing the disclosure shall submit to the congressional 

12 intelligence committees a notification of the disclosure if— 

13 (1) at the time of the disclosure— 

14 (A) such intelligence is classified; or 

15 (B) is declassified for the purpose of the 

16 disclosure; and 

17 (2) the disclosure will be made by an officer, 

18 employee, or contractor of the Executive branch. 

19 (b) PERSONS OR ENTITIES DESCRIBED.—The per20 sons or entities described in this subsection are as follows: 

21 (1) Media personnel, including any person or 

22 entity under contract or other binding agreement 

23 with the media to provide analysis or commentary. 

24 (2) Any person or entity, if the disclosure de25 scribed in subsection (a) is made with the intent or 


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1 knowledge that such information will be made pub2 licly available. 

3 (c) CONTENT.—Each notification required under 

4 subsection (a) shall— 

5 (1) provide the specific title and authority of 

6 the individual authorizing the disclosure; 

7 (2) if applicable, provide the specific title and 

8 authority of the individual who authorized the de9 classification of the intelligence disclosed; and 

10 (3) describe the intelligence disclosed, including 

11 the classification of the intelligence prior to its dis12 closure or declassification and the rationale for mak13 ing the disclosure. 

14 (d) EXCEPTION.—The notification requirement in 

15 this section does not apply to a disclosure made— 

16 (1) pursuant to any statutory requirement, in17 cluding to section 552 of title 5, United States Code 

18 (commonly referred to as the ‘‘Freedom of Informa19 tion Act’’); 

20 (2) in connection with a civil, criminal, or ad21 ministrative proceeding; 

22 (3) as a result of a declassification review proc23 ess under Executive Order 13526 (50 U.S.C. 435 

24 note) or any successor order; or 


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1 (4) to any officer, employee, or contractor of 

2 the Federal government or member of an advisory 

3 board to an element of the intelligence community 

4 who possesses an active security clearance and a 

5 need to know the specific national intelligence or in6 telligence related to national security, as defined in 

7 section 3(5) of the National Security Act of 1947 

8 (50 U.S.C. 401a(5)). 

9 SEC. 502. REQUIREMENT TO RECORD AUTHORIZED DISCLO10 SURES OF CLASSIFIED INFORMATION. 

11 (a) RECORD REQUIREMENT.—The head of each ele12 ment of the intelligence community shall ensure that such 

13 element creates and maintains a record of all authorized 

14 disclosures of classified information to media personnel, 

15 including any person or entity under contract or other 

16 binding agreement with the media to provide analysis or 

17 commentary, or to any person or entity if the disclosure 

18 is made with the intent or knowledge that such informa19 tion will be made publicly available. 

20 (b) REVIEW BY CONGRESSIONAL INTELLIGENCE

21 COMMITTEES.—A record under subsection (a) shall be 

22 available for review by the congressional intelligence com23 mittees in a manner jointly agreed to by the committee 

24 and the head of such element. 


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1 SEC. 503. PROCEDURES FOR CONDUCTING ADMINISTRA2 TIVE INVESTIGATIONS OF UNAUTHORIZED 

3 DISCLOSURES. 

4 (a) REQUIREMENT.—Not later than 90 days after the 

5 date of the enactment of this Act, the Director of National 

6 Intelligence shall— 

7 (1) establish procedures as described in sub8 section (b); and 

9 (2) provide a copy of the procedures to the con10 gressional intelligence committees. 

11 (b) PROCEDURES.—The procedures described in this 

12 subsection are procedures that shall be implemented by 

13 each element of the intelligence community for the conduct 

14 of administrative investigations of unauthorized disclo15 sures of classified information and shall include— 

16 (1) designation of an office with responsibility 

17 for proactively identifying unauthorized disclosures 

18 of classified information; 

19 (2) submission and prioritization of crimes re20 ports to the Attorney General for purposes of crimi21 nal investigation concerning unauthorized disclosures 

22 of classified information; 

23 (3) conduct of independent administrative in24 vestigations of unauthorized disclosures of classified 

25 information, if a criminal investigation is not pur26 sued or is discontinued; 


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1 (4) guidelines approved by the Attorney General 

2 that authorize the Director of the Federal Bureau of 

3 Investigation to provide relevant documents and 

4 other information in the Director’s possession to ap5 propriate elements of the intelligence community for 

6 purposes of conducting administrative investigations 

7 of the unauthorized disclosure of classified informa8 tion; 

9 (5) procedures for the heads of elements of the 

10 intelligence community to apply disciplinary meas11 ures, if appropriate, following an administrative in12 vestigation, up to and including termination of em13 ployment; 

14 (6) in cases where an administrative investiga15 tion identifies information that may enable or inform 

16 a criminal investigation, procedures for providing 

17 such information to the Attorney General; 

18 (7) procedures for keeping the National Coun19 terintelligence Executive and the congressional intel20 ligence committees informed of the status of all ad21 ministrative investigations and crimes reports; and 

22 (8) other procedures as determined by the Di23 rector. 


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1 SEC. 504. ASSESSMENT OF PROCEDURES FOR DETECTING 

2 AND PREVENTING UNAUTHORIZED DISCLO3 SURES. 

4 (a) DIRECTOR OF NATIONAL INTELLIGENCE ASSESS5 MENT.—Not later than 120 days after the date of the en6 actment of this Act, the Director of National Intelligence 

7 shall provide the congressional intelligence committees 

8 with an assessment of— 

9 (1) the practical feasibility of extending the use 

10 of the polygraph to additional Executive branch per11 sonnel and standardizing the questions used during 

12 polygraph examinations regarding disclosure of clas13 sified information and contact with the media; 

14 (2) the benefits of extending the automated in15 sider threat detection capabilities described in sec16 tion 402 of the Intelligence Authorization Act of 

17 Fiscal Year 2011 (Public Law 112–18; 50 U.S.C. 

18 403–1 note) to sensitive compartmented information 

19 level computer systems used by agencies or per20 sonnel outside the intelligence community; and 

21 (3) a description of actions that could be taken 

22 to address improper classification of material. 

23 (b) INSPECTOR GENERAL OF THE INTELLIGENCE

24 COMMUNITY ASSESSMENT.—Not later than 120 days 

25 after the date of the enactment of this Act, the Inspector 

26 General of the Intelligence Community shall provide the 


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1 congressional intelligence committees with an assessment 

2 of the effectiveness of the process used by each element 

3 of the intelligence community for preventing, detecting, 

4 and investigating unauthorized disclosures of classified in5 formation and a description of any best practices that 

6 could be replicated throughout the intelligence community. 

7 SEC. 505. PROHIBITION ON CERTAIN INDIVIDUALS SERV8 ING AS CONSULTANTS. 

9 (a) PROHIBITION.—No person described in sub10 section (b) may enter into a contract or other binding 

11 agreement with the media in order to provide, or otherwise 

12 assist in providing, analysis or commentary on matters 

13 concerning the classified intelligence activities of any ele14 ment of the intelligence community or intelligence related 

15 to national security, as defined in section 3(5) of the Na16 tional Security Act of 1947 (50 U.S.C. 401a(5)). 

17 (b) PERSON DESCRIBED.—A person described in this 

18 subsection is— 

19 (1) any officer, employee, or contractor of the 

20 Federal government who possesses an active security 

21 clearance; 

22 (2) any member of an advisory board to an ele23 ment of the intelligence community who possesses an 

24 active security clearance; or 


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1 (3) any former officer, employee, or contractor 

2 of the Federal government or former member of an 

3 advisory board to an element of the intelligence com4 munity who— 

5 (A) has left the employment or service of 

6 the Federal government during the previous 1 

7 year period; and 

8 (B) possessed a security clearance allowing 

9 access to top secret, sensitive compartmented 

10 information at any time during the 3 years 

11 prior to leaving such employment or service. 

12 SEC. 506. LIMITATION ON PERSONS AUTHORIZED TO COM13 MUNICATE WITH THE MEDIA. 

14 (a) LIMITATION.— 

15 (1) IN GENERAL.—For each element of the in16 telligence community, only the Director and Deputy 

17 Director of such element, or individuals in equivalent 

18 positions within such element, and individuals in the 

19 offices of public affairs who are specifically des20 ignated by the Director (or the individual in an 

21 equivalent position), may provide background or off22 the-record information regarding intelligence activi23 ties to the media, or to any person affiliated with 

24 the media. 


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1 (2) DESIGNATION IN WRITING.—Each designa2 tion made under paragraph (1) by a Director (or an 

3 individual in an equivalent position) shall be in writ4 ing. 

5 (b) CONSTRUCTION.—Nothing in this section shall be 

6 construed to prohibit an appropriate officer or employee 

7 of an element of the intelligence community from pro8 viding authorized, unclassified, on-the-record briefings to 

9 the media, or to any person affiliated with the media. 

10 SEC. 507. RESPONSIBILITIES OF INTELLIGENCE COMMU11 NITY PERSONNEL WITH ACCESS TO CLASSI12 FIED INFORMATION. 

13 (a) IN GENERAL.—Not later than 120 days after the 

14 date of the enactment of this Act, the Director of National 

15 Intelligence shall— 

16 (1) prescribe regulations outlining the respon17 sibilities of, and a process for, all covered persons to 

18 report oral and written contact with the media to 

19 the security office of the appropriate element of the 

20 intelligence community; 

21 (2) prescribe regulations that ensure that any 

22 covered person, prior to leaving the employment or 

23 services of the Federal Government, is informed of 

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1 sions of the written nondisclosure agreements gov2 erning access to classified information; 

3 (3) establish appropriate requirements for cov4 ered persons to comply, during and subsequent to 

5 any period of employment, with all prepublication re6 view requirements contained in any nondisclosure 

7 agreement between the covered person and any and 

8 all elements of the intelligence community to which 

9 such person has been assigned, employed, con10 tracted, or detailed; 

11 (4) establish appropriate requirements for cov12 ered persons, during and subsequent to any period 

13 of employment or service, to submit any written ma14 terials and anticipated oral comments for prepublica15 tion review; 

16 (5) update, and require current acknowledg17 ment of, the written nondisclosure agreements gov18 erning access to classified information to comply 

19 with the provisions of this Act; and 

20 (6) prescribe regulations that specify appro21 priate disciplinary actions to be taken against any 

22 covered person, during and subsequent to any period 

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1 ten agreement under this section, which may in2 clude— 

3 (A) issuance of letters of reprimand; 

4 (B) placing notices of violations in per5 sonnel files and informing the congressional 

6 oversight committees of such notices; 

7 (C) revocation of security clearances; 

8 (D) prohibition on obtaining new security 

9 clearances; and 

10 (E) termination of employment. 

11 (b) COVERED PERSON DEFINED.—In this section, 

12 the term ‘‘covered person’’ means a current employee or 

13 contractor of, or member of an advisory board to, an ele14 ment of the intelligence community who has an active se15 curity clearance. 

16 SEC. 508. REPORT ON IMPROVEMENTS TO THE CRIMINAL 

17 PROCESS FOR INVESTIGATING AND PROS18 ECUTING UNAUTHORIZED DISCLOSURES OF 

19 CLASSIFIED INFORMATION. 

20 (a) REQUIREMENT FOR REPORT.—Not later than 

21 180 days after the date of the enactment of this Act, the 

22 Attorney General, in coordination with the Director of Na23 tional Intelligence, shall submit to the congressional intel24 ligence committees and the Committee on the Judiciary 

25 of the Senate and the Committee on the Judiciary of the 


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1 House of Representatives a report on the effectiveness of 

2 and potential improvements to the process for inves3 tigating and prosecuting unauthorized disclosures of clas4 sified information, which shall include— 

5 (1) potential modifications to the process used 

6 by elements of the intelligence community to submit 

7 crimes reports of unauthorized disclosures of classi8 fied information to the Attorney General; 

9 (2) potential modifications to the policies of the 

10 Department of Justice on issuing subpoenas directed 

11 at members of the news media, as described in sec12 tion 50.10(b) of title 28, Code of Federal Regula13 tions (or any similar successor regulation); and 

14 (3) potential modifications to the Classified In15 formation Procedures Act (Public Law 96–456; 94 

16 Stat. 2025). 

17 SEC. 509. IMPROVING INSIDER THREAT INITIATIVES. 

18 (a) DESIGNATION OF INSIDER THREAT PROGRAM

19 MANAGERS.— 

20 (1) REQUIREMENT TO DESIGNATE.—Not later 

21 than 90 days after the date of the enactment of this 

22 Act, each head of an element of the intelligence com23 munity shall designate an insider threat program 

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1 prehensive insider threat program management plan 

2 as described in subsection (b) for such element. 

3 (2) INFORMATION ACCESS.—Each insider 

4 threat program manager designated under para5 graph (1) for an element of the intelligence commu6 nity shall have access to all relevant information re7 garding the allocation of resources to efforts by such 

8 element to counter insider threats, including re9 sources for counterintelligence, physical security, in10 formation security, and human resources, except 

11 that such relevant information shall not be deemed 

12 to include information concerning specific counter13 intelligence or security investigations, unless the 

14 head of the element so directs. 

15 (b) DEVELOPMENT OF A COMPREHENSIVE INSIDER

16 THREAT PROGRAM MANAGEMENT PLAN.— 

17 (1) REQUIREMENT TO DEVELOP.—Not later 

18 than 1 year after the date of the enactment of this 

19 Act, each insider threat program manager des20 ignated under subsection (a)(1) for an element of 

21 the intelligence community shall develop, in coordi22 nation with the Office of the National Counterintel23 ligence Executive and such other components of the 

24 Office of the Director of National Intelligence as the 

25 Director of National Intelligence deems appropriate, 


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1 a comprehensive insider threat program manage2 ment plan for such element that describes a com3 prehensive insider threat detection program for such 

4 element. 

5 (2) REVIEW AND APPROVAL.—Upon completion, 

6 each comprehensive insider threat program manage7 ment plan developed under paragraph (1) shall be 

8 submitted to the head of the relevant element of the 

9 intelligence community for review, modification, and 

10 approval, and then to the Director of National Intel11 ligence, for review, modification and approval. 

12 (3) SUBMISSION TO CONGRESS.—A copy of 

13 each comprehensive insider threat program manage14 ment plan approved by the Director of National In15 telligence under paragraph (2) shall be submitted— 

16 (A) to the congressional intelligence com17 mittees, not later than 30 days after the date 

18 such plan is approved; and 

19 (B) if such plan involves a component of a 

20 department of the United States Government, 

21 to the committees of the Senate and of the 

22 House of Representatives with jurisdiction over 

23 such department simultaneously with submis24 sion of such copy to the congressional intel25 ligence committees under subparagraph (A). 


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1 (c) IMPLEMENTING A COMPREHENSIVE INSIDER

2 THREAT DETECTION PROGRAM.— 

3 (1) INITIAL OPERATING CAPABILITY.—Not later 

4 than 18 months after the date of the enactment of 

5 this Act, each head of an element of the intelligence 

6 community, in coordination with the Office of the 

7 National Counterintelligence Executive and the Of8 fice of the Director of National Intelligence, shall es9 tablish an initial operating capability for the com10 prehensive insider threat detection program for such 

11 element as described in the comprehensive insider 

12 threat program management plan developed under 

13 subsection (b). 

14 (2) FULL OPERATING CAPABILITY.—Not later 

15 than 2 years after the date of the enactment of this 

16 Act, the Director of National Intelligence shall— 

17 (A) establish a full operating capability for 

18 each comprehensive insider threat detection 

19 program developed under subsection (b) for 

20 each element of the intelligence community; and 

21 (B) ensure that each such full operating 

22 capability is reached. 


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1 SEC. 510. AUTOMATED INSIDER THREAT DETECTION PRO2 GRAM. 

3 Section 402 of the Intelligence Authorization Act for 

4 Fiscal Year 2011 (Public Law 112–18; 50 U.S.C. 403– 

5 1 note) is amended— 

6 (1) in subsection (a), by striking ‘‘October 1, 

7 2012,’’ and inserting ‘‘October 1, 2013,’’; and 

8 (2) in subsection (b), by striking ‘‘October 1, 

9 2013,’’ and inserting ‘‘October 1, 2014,’’. 

10 SEC. 511. SURRENDER OF CERTAIN BENEFITS. 

11 (a) REQUIREMENT FOR PROHIBITION.—Not later 

12 than 120 days after the date of the enactment of this Act, 

13 the Director of National Intelligence, in coordination with 

14 the head of each element of the intelligence community, 

15 shall publish regulations that— 

16 (1) are consistent with any procedures estab17 lished by Executive order or regulation under section 

18 801 of the National Security Act of 1947 (50 U.S.C. 

19 435); 

20 (2) require each employee of an element of the 

21 intelligence community to sign a written agreement 

22 as described in subsection (b); and 

23 (3) set forth the administrative procedures ap24 plicable to an employee who violates the terms of 

25 such an agreement. 


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1 (b) AGREEMENT DESCRIBED.—An agreement de2 scribed in this subsection is an agreement, with respect 

3 to an individual employed by an element of the intelligence 

4 community, that— 

5 (1) prohibits the individual from disclosing clas6 sified information without authorization at any time 

7 during or subsequent to employment with an ele8 ment of the intelligence community; 

9 (2) requires the individual to comply with all 

10 prepublication review requirements contained in any 

11 nondisclosure agreement between the individual and 

12 an element of the intelligence community; 

13 (3) specifies appropriate disciplinary actions, in14 cluding the surrender of any current or future Fed15 eral Government pension benefit, to be taken against 

16 the individual if the Director of National Intelligence 

17 or the head of the appropriate element of the intel18 ligence community determines that the individual 

19 has knowingly violated the prepublication review re20 quirements contained in a nondisclosure agreement 

21 between the individual and an element of the intel22 ligence community in a manner that disclosed classi23 fied information to an unauthorized person or entity; 

24 and 


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1 (4) describes procedures for making and review2 ing determinations under paragraph (3) in a manner 

3 that is consistent with the due process and appeal 

4 rights otherwise available to an individual who is 

5 subject to the same or similar disciplinary action 

6 under other law. 

7 (c) FEDERAL GOVERNMENT PENSION BENEFIT DE8 SCRIBED.—In this section, the term ‘‘Federal Government 

9 pension benefit’’ means the specific government contribu10 tion to a covered person’s Federal Government pension 

11 plan, in its fair market value, but does not include the 

12 following: 

13 (1) Any contributions by a person to a Federal 

14 Government pension plan, in their fair market value. 

15 (2) Any old age benefits payable to a person 

16 under title II of the Social Security Act (42 U.S.C. 

17 401 et seq.). 

18 (3) Any employee benefits or contributions of a 

19 person under the Thrift Savings Plan under sub20 chapter III of chapter 84 of title 5, United States 

21 Code, or any successor benefit program. 


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1 SEC. 512. PROHIBITION ON SECURITY CLEARANCES FOR IN2 DIVIDUALS WHO DISCLOSE TO THE PUBLIC 

3 EVIDENCE OR INFORMATION ON UNITED 

4 STATES COVERT ACTIONS. 

5 (a) PROHIBITION.—Consistent with administrative 

6 procedures and due process afforded under otherwise ap7 plicable laws and regulations, an individual described in 

8 subsection (b) may not receive, retain, or otherwise pos9 sess a security clearance for access to classified informa10 tion. 

11 (b) COVERED INDIVIDUALS.—An individual described 

12 in this subsection is any individual— 

13 (1) who— 

14 (A) serves as an officer, employee, con15 tractor, or member of an advisory board of the 

16 Federal Government; or 

17 (B) otherwise possesses an active security 

18 clearance; 

19 (2) who is known or determined, in accordance 

20 with applicable law or regulations, to have knowingly 

21 made a public disclosure of the existence of, or dis22 cussed classified details relating to, a classified cov23 ert action (as that term is defined in section 503(e) 

24 of the National Security Act of 1947 (50 U.S.C. 

25 413b(e)); and 


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1 (3) who makes the disclosure, or discusses the 

2 details, described in paragraph (2) without prior au3 thorization from an original classification authority. 

4 TITLE VI—OTHER MATTERS 

5 SEC. 601. HOMELAND SECURITY INTELLIGENCE PROGRAM. 

6 There is established within the Department of Home7 land Security a Homeland Security Intelligence Program. 

8 The Homeland Security Intelligence Program constitutes 

9 the intelligence activities of the Office of Intelligence and 

10 Analysis of the Department that serve predominantly de11 partmental missions. 

12 SEC. 602. EXTENSION OF NATIONAL COMMISSION FOR THE 

13 REVIEW OF THE RESEARCH AND DEVELOP14 MENT PROGRAMS OF THE UNITED STATES IN15 TELLIGENCE COMMUNITY. 

16 Section 1007(a) of the Intelligence Authorization Act 

17 for Fiscal Year 2003 (Public Law 107–306; 50 U.S.C. 

18 401 note) is amended by striking ‘‘Not later than one year 

19 after the date on which all members of the Commission 

20 are appointed pursuant to section 701(a)(3) of the Intel21 ligence Authorization Act for Fiscal Year 2010,’’ and in22 serting ‘‘Not later than March 31, 2013,’’. 

23 SEC. 603. PUBLIC INTEREST DECLASSIFICATION BOARD. 

24 (a) SUBSEQUENT APPOINTMENT.—Section 

25 703(c)(2)(D) of the Public Interest Declassification Act 


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1 of 2000 (Public Law 106–567; 50 U.S.C. 435 note) is 

2 amended by striking the period at the end and inserting 

3 ‘‘from the date of the appointment.’’. 

4 (b) VACANCY.—Section 703(c)(3) of the Public Inter5 est Declassification Act of 2000 (Public Law 106–567; 50 

6 U.S.C. 435 note) is amended by striking ‘‘A member of 

7 the Board appointed to fill a vacancy before the expiration 

8 of a term shall serve for the remainder of the term.’’. 

9 (c) EXTENSION OF SUNSET.—Section 710 of the 

10 Public Interest Declassification Act of 2000 (Public Law 

11 106–567; 50 U.S.C. 435 note) is amended by striking 

12 ‘‘2012.’’ inserting ‘‘2018.’’. 

13 SEC. 604. PROVISION OF CLASSIFIED OPINIONS OF THE OF14 FICE OF LEGAL COUNSEL TO CONGRESS. 

15 (a) REQUIREMENT TO PROVIDE.—Except as provided 

16 in subsections (c) and (d), not later than 180 days after 

17 the date of the enactment of this Act, the Attorney Gen18 eral, in coordination with the Director of National Intel19 ligence, shall provide to the congressional intelligence com20 mittees a copy of every classified opinion of the Office of 

21 Legal Counsel of the Department of Justice that was pro22 vided to an element of the intelligence community on or 

23 after September 11, 2001. 

24 (b) ANNUAL SUBMISSION.— 


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1 (1) REQUIREMENT TO PROVIDE.—Except as 

2 provided in subsections (c) and (d), not later than 

3 180 days after the date of the enactment of this Act, 

4 and annually thereafter, the Attorney General, in co5 ordination with the Director of National Intelligence, 

6 shall provide to the congressional intelligence com7 mittees a listing of every opinion of the Office of 

8 Legal Counsel of the Department of Justice that has 

9 been provided to an element of the intelligence com10 munity on or after September 11, 2001. 

11 (2) CONTENT.—Each listing submitted under 

12 paragraph (1) shall include— 

13 (A) as much detail as possible about the 

14 subject of each opinion; 

15 (B) the date the opinion was issued; 

16 (C) the recipient agency or agencies; 

17 (D) whether the opinion has been made 

18 available to Congress or specific congressional 

19 committees, including the identity of each such 

20 committee; and 

21 (E) for any opinion that has not been 

22 made available to Congress or specific congres23 sional committees, the basis for such with24 holding. 


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1 (c) EXCEPTION FOR COVERT ACTION.—If the Presi2 dent determines that it is essential to limit access to a 

3 covert action finding under section 503(c)(2) of the Na4 tional Security Act (50 U.S.C. 413b(c)(2)), the President 

5 may limit access to information concerning such finding 

6 that is subject to disclosure under subsection (a) or (b) 

7 to those members of Congress who have been granted ac8 cess to the relevant finding under such section 503(c)(2). 

9 (d) EXCEPTION FOR INFORMATION SUBJECT TO EX10 ECUTIVE PRIVILEGE.—If the President determines that a 

11 particular opinion subject to disclosure under subsection 

12 (a) or listing subject to disclosure under subsection (b) 

13 is subject to an executive privilege that protects against 

14 such disclosure, the Attorney General shall not be required 

15 to disclose such opinion or listing, if the Attorney General 

16 notifies the congressional intelligence committees, in writ17 ing, of the legal justification for such assertion of execu18 tive privilege prior to the date by which the opinion or 

19 listing is required to be disclosed. 

20 SEC. 605. TECHNICAL AMENDMENTS RELATED TO THE OF21 FICE OF THE DIRECTOR OF NATIONAL INTEL22 LIGENCE. 

23 (a) PERSONNEL PRACTICES.—Section 2302(a)(2)(C) 

24 of title 5, United States Code, is amended by striking 

25 clause (ii) and inserting the following: 


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1 ‘‘(ii)(I) the Federal Bureau of Inves2 tigation, the Central Intelligence Agency, 

3 the Defense Intelligence Agency, the Na4 tional Geospatial-Intelligence Agency, the 

5 National Security Agency, the Office of the 

6 Director of National Intelligence, and the 

7 National Reconnaissance Office; and 

8 ‘‘(II) as determined by the President, 

9 any executive agency or unit thereof the 

10 principal function of which is the conduct 

11 of foreign intelligence or counterintel12 ligence activities, provided that the deter13 mination be made prior to a personnel ac14 tion; or’’. 

15 (b) SENIOR EXECUTIVE SERVICE.—Section 

16 3132(a)(1)(B) of title 5, United States Code, is amended 

17 by inserting ‘‘the Office of the Director of National Intel18 ligence,’’ after ‘‘the Central Intelligence Agency,’’. 

19 SEC. 606. TECHNICAL AMENDMENT FOR DEFINITION OF IN20 TELLIGENCE AGENCY. 

21 Section 606(5) of the National Security Act of 1947 

22 (50 U.S.C. 426) is amended as follows: 

23 ‘‘(5) The term ‘intelligence agency’ means the 

24 elements of the intelligence community.’’. 


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1 SEC. 607. BUDGETARY EFFECTS. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go-Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the Senate Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 


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Calendar No. 475 

112TH CONGRESS 

2D SESSION S. 3454 

[Report No. 112–192] 

A BILL 

To authorize appropriations for fiscal year 2013 for 

System, and for other purposes. Intelligence Agency Retirement and Disability the Director of National Intelligence, the Central the United States Government and the Office of intelligence and intelligence-related activities of 

JULY 30, 2012 

Read twice and placed on the calendar 


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