112TH CONGRESS 

2D SESSION S. 3454 

AN ACT 

To authorize appropriations for fiscal year 2013 for intelligence and intelligence-related activities of the United 

States Government and the Office of the Director of 

National Intelligence, the Central Intelligence Agency Retirement and Disability System, and for other purposes. 
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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’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—BUDGET AND PERSONNEL AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Sec. 301. Restriction on conduct of intelligence activities. 

Sec. 302. Increase in employee compensation and benefits authorized by law. 

Sec. 303. Non-reimbursable details. 

Sec. 304. Automated insider threat detection program. 

Sec. 305. Software licensing. 

Sec. 306. Strategy for security clearance reciprocity. 

Sec. 307. Improper Payments Elimination and Recovery Act of 2010 compliance. 

Sec. 308. Subcontractor notification process. 

Sec. 309. Modification of reporting schedule. 

Sec. 310. Repeal of certain reporting requirements. 

TITLE IV—MATTERS RELATING TO THE CENTRAL 

INTELLIGENCE AGENCY 

Sec. 401. Working capital fund amendments. 

TITLE V—OTHER MATTERS 

Sec. 501. Homeland Security Intelligence Program. 

Sec. 502. Extension of National Commission for the Review of the Research 

and Development Programs of the United States Intelligence 

Community. 

Sec. 503. Protecting the information technology supply chain of the United 

States. 
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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. 

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)). 

14 TITLE I—BUDGET AND 

15 PERSONNEL AUTHORIZATIONS 

16 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2013 for the conduct of the intelligence and 

19 intelligence-related activities of the following elements of 

20 the United States Government: 

21 (1) The Office of the Director of National Intel22 ligence. 
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1 (2) The Central Intelligence Agency. 

2 (3) The Department of Defense. 

3 (4) The Defense Intelligence Agency. 

4 (5) The National Security Agency. 

5 (6) The Department of the Army, the Depart6 ment of the Navy, and the Department of the Air 

7 Force. 

8 (7) The Coast Guard. 

9 (8) The Department of State. 

10 (9) The Department of the Treasury. 

11 (10) The Department of Energy. 

12 (11) The Department of Justice. 

13 (12) The Federal Bureau of Investigation. 

14 (13) The Drug Enforcement Administration. 

15 (14) The National Reconnaissance Office. 

16 (15) The National Geospatial-Intelligence Agen17 cy. 

18 (16) The Department of Homeland Security. 

19 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

20 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

21 LEVELS.—The amounts authorized to be appropriated 

22 under section 101 and, subject to section 103, the author23 ized personnel ceilings as of September 30, 2013, for the 

24 conduct of the intelligence activities of the elements listed 

25 in paragraphs (1) through (16) of section 101, are those 
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1 specified in the classified Schedule of Authorizations pre2 pared to accompany the bill S. 3454 of the One Hundred 

3 Twelfth Congress. 

4 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU5 THORIZATIONS.— 

6 (1) AVAILABILITY TO COMMITTEES OF CON7 GRESS.—The classified Schedule of Authorizations 

8 referred to in subsection (a) shall be made available 

9 to the Committee on Appropriations of the Senate, 

10 the Committee on Appropriations of the House of 

11 Representatives, and to the President. 

12 (2) DISTRIBUTION BY THE PRESIDENT.—Sub13 ject to paragraph (3), the President shall provide for 

14 suitable distribution of the classified Schedule of Au15 thorizations, or of appropriate portions of the Sched16 ule, within the executive branch. 

17 (3) LIMITS ON DISCLOSURE.—The President 

18 shall not publicly disclose the classified Schedule of 

19 Authorizations or any portion of such Schedule ex20 cept— 

21 (A) as provided in section 601(a) of the 

22 Implementing Recommendations of the 9/11 

23 Commission Act of 2007 (50 U.S.C. 415c); 

24 (B) to the extent necessary to implement 

25 the budget; or 
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1 (C) as otherwise required by law. 

2 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

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

4 National Intelligence may authorize the employment of ci5 vilian personnel in excess of the number of positions for 

6 fiscal year 2013 authorized by the classified Schedule of 

7 Authorizations referred to in section 102(a) if the Director 

8 of National Intelligence determines that such action is 

9 necessary to the performance of important intelligence 

10 functions, except that the number of personnel employed 

11 in excess of the number authorized under such section may 

12 not, for any element of the intelligence community, exceed 

13 3 percent of the number of civilian personnel authorized 

14 under such section for such element. 

15 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di16 rector of National Intelligence shall establish guidelines 

17 that govern, for each element of the intelligence commu18 nity, the treatment under the personnel levels authorized 

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

20 personnel levels, of employment or assignment in— 

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

22 similar program; 

23 (2) a reserve corps or as a reemployed annu24 itant; or 
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1 (3) details, joint duty, or long term, full-time 

2 training. 

3 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE

4 COMMITTEES.—The Director of National Intelligence 

5 shall notify the congressional intelligence committees in 

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

7 authority described in subsection (a). 

8 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC9 COUNT. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated for the Intelligence Commu12 nity Management Account of the Director of National In13 telligence for fiscal year 2013 the sum of $540,721,000. 

14 Within such amount, funds identified in the classified 

15 Schedule of Authorizations referred to in section 102(a) 

16 for advanced research and development shall remain avail17 able until September 30, 2014. 

18 (b) AUTHORIZED PERSONNEL LEVELS.—The ele19 ments within the Intelligence Community Management 

20 Account of the Director of National Intelligence are au21 thorized 835 positions as of September 30, 2013. Per22 sonnel serving in such elements may be permanent em23 ployees of the Office of the Director of National Intel24 ligence or personnel detailed from other elements of the 

25 United States Government. 
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1 (c) CLASSIFIED AUTHORIZATIONS.— 

2 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

3 addition to amounts authorized to be appropriated 

4 for the Intelligence Community Management Ac5 count by subsection (a), there are authorized to be 

6 appropriated for the Community Management Ac7 count for fiscal year 2013 such additional amounts 

8 as are specified in the classified Schedule of Author9 izations referred to in section 102(a). Such addi10 tional amounts for advanced research and develop11 ment shall remain available until September 30, 

12 2014. 

13 (2) AUTHORIZATION OF PERSONNEL.—In addi14 tion to the personnel authorized by subsection (b) 

15 for elements of the Intelligence Community Manage16 ment Account as of September 30, 2013, there are 

17 authorized such additional personnel for the Com18 munity Management Account as of that date as are 

19 specified in the classified Schedule of Authorizations 

20 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. AUTOMATED INSIDER THREAT DETECTION PRO11 GRAM. 

12 Section 402 of the Intelligence Authorization Act for 

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

14 1 note) is amended— 

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

16 2012,’’ and inserting ‘‘October 1, 2013,’’; and 

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

18 2013,’’ and inserting ‘‘October 1, 2014,’’. 

19 SEC. 305. SOFTWARE LICENSING. 

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

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

22 officer for an element of the intelligence community, in 

23 consultation with the Chief Information Officer of the In24 telligence Community, shall— 
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1 (1) conduct an inventory of software licenses 

2 held by such element, including utilized and unuti3 lized licenses; and 

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

5 Chief Information Officer of the Intelligence Com6 munity. 

7 (b) REPORTING TO CONGRESS.—The Chief Informa8 tion Officer of the Intelligence Community shall— 

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

10 the enactment of this Act, provide to the congres11 sional intelligence committees a copy of each report 

12 received by the Chief Information Officer under sub13 section (a)(2), along with any comments the Chief 

14 Information Officer wishes to provide; and 

15 (2) transmit any portion of a report submitted 

16 under paragraph (1) involving a component of a de17 partment of the United States Government to the 

18 committees of the Senate and of the House of Rep19 resentatives with jurisdiction over such department 

20 simultaneously with submission of such report to the 

21 congressional intelligence committees. 

22 SEC. 306. STRATEGY FOR SECURITY CLEARANCE RECI23 PROCITY. 

24 (a) STRATEGY.—The President shall develop a strat25 egy and a schedule for carrying out the requirements of 
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1 section 3001(d) of the Intelligence Reform and Terrorism 

2 Prevention Act of 2004 (50 U.S.C. 435b(d)). Such strat3 egy and schedule shall include— 

4 (1) a process for accomplishing the reciprocity 

5 required under such section for a security clearance 

6 issued by a department or agency of the Federal 

7 Government, including reciprocity for security clear8 ances that are issued to both persons who are and 

9 who are not employees of the Federal Government; 

10 and 

11 (2) a description of the specific circumstances 

12 under which a department or agency of the Federal 

13 Government may not recognize a security clearance 

14 issued by another department or agency of the Fed15 eral Government. 

16 (b) CONGRESSIONAL NOTIFICATION.—Not later than 

17 180 days after the date of the enactment of this Act, the 

18 President shall inform Congress of the strategy and sched19 ule developed under subsection (a). 

20 SEC. 307. IMPROPER PAYMENTS ELIMINATION AND RECOV21 ERY ACT OF 2010 COMPLIANCE. 

22 (a) PLAN FOR COMPLIANCE.— 

23 (1) IN GENERAL.—The Director of National In24 telligence, the Director of the Central Intelligence 

25 Agency, the Director of the Defense Intelligence 
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1 Agency, the Director of the National Geospatial-In2 telligence Agency, and the Director of the National 

3 Security Agency shall each develop a corrective ac4 tion plan, with major milestones, that delineates how 

5 the Office of the Director of National Intelligence 

6 and each such Agency will achieve compliance, not 

7 later than September 30, 2013, with the Improper 

8 Payments Elimination and Recovery Act of 2010 

9 (Public Law 111–204; 124 Stat. 2224), and the 

10 amendments made by that Act. 

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

12 45 days after the date of the enactment of this 

13 Act— 

14 (A) each Director referred to in paragraph 

15 (1) shall submit to the congressional intel16 ligence committees the corrective action plan re17 quired by such paragraph; and 

18 (B) the Director of the Defense Intel19 ligence Agency, the Director of the National 

20 Geospatial-Intelligence Agency, and the Direc21 tor of the National Security Agency shall each 

22 submit to the Committee on Armed Services of 

23 the Senate and the Committee on Armed Serv24 ices of the House of Representatives the correc-
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1 tive action plan required by paragraph (1) with 

2 respect to the applicable Agency. 

3 (b) REVIEW BY INSPECTORS GENERAL.— 

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

5 the completion of a corrective action plan required 

6 by subsection (a)(1), the Inspector General of each 

7 Agency required to develop such a plan, and in the 

8 case of the Director of National Intelligence, the In9 spector General of the Intelligence Community, shall 

10 provide to the congressional intelligence committees 

11 an assessment of such plan that includes— 

12 (A) the assessment of the Inspector Gen13 eral of whether such Agency or Office is or is 

14 not likely to reach compliance with the require15 ments of the Improper Payments Elimination 

16 and Recovery Act of 2010 (Public Law 111– 

17 204; 124 Stat. 2224), and the amendments 

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

19 (B) the basis of the Inspector General for 

20 such assessment. 

21 (2) ADDITIONAL SUBMISSION OF REVIEWS OF

22 CERTAIN INSPECTORS GENERAL.—Not later than 45 

23 days after the completion of a corrective action plan 

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

25 of the Defense Intelligence Agency, the Inspector 
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1 General of the National Geospatial-Intelligence 

2 Agency, and the Inspector General of the National 

3 Security Agency shall each submit to the Committee 

4 on Armed Services of the Senate and the Committee 

5 on Armed Services of the House of Representatives 

6 the assessment of the applicable plan provided to the 

7 congressional intelligence committees under para8 graph (1). 

9 SEC. 308. SUBCONTRACTOR NOTIFICATION PROCESS. 

10 Not later than October 1, 2013, the Director of Na11 tional Intelligence shall submit to the congressional intel12 ligence committees a report assessing the method by which 

13 contractors at any tier under a contract entered into with 

14 an element of the intelligence community are granted se15 curity clearances and notified of classified contracting op16 portunities within the Federal Government and rec17 ommendations for the improvement of such method. Such 

18 report shall include— 

19 (1) an assessment of the current method by 

20 which contractors at any tier under a contract en21 tered into with an element of the intelligence com22 munity are notified of classified contracting opportu23 nities; 

24 (2) an assessment of any problems that may re25 duce the overall effectiveness of the ability of the in-
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1 telligence community to identify appropriate contrac2 tors at any tier under such a contract; 

3 (3) an assessment of the role the existing secu4 rity clearance process has in enhancing or hindering 

5 the ability of the intelligence community to notify 

6 such contractors of contracting opportunities; 

7 (4) an assessment of the role the current secu8 rity clearance process has in enhancing or hindering 

9 the ability of contractors at any tier under a con10 tract entered into with an element of the intelligence 

11 community to execute classified contracts; 

12 (5) a description of the method used by the Di13 rector of National Intelligence for assessing the ef14 fectiveness of the notification process of the intel15 ligence community to produce a talented pool of sub16 contractors; 

17 (6) a description of appropriate goals, sched18 ules, milestones, or metrics used to measure the ef19 fectiveness of such notification process; and 

20 (7) recommendations for improving such notifi21 cation process. 

22 SEC. 309. MODIFICATION OF REPORTING SCHEDULE. 

23 (a) INSPECTOR GENERAL OF THE INTELLIGENCE

24 COMMUNITY.—Section 103H(k)(1)(A) of the National Se-
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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.— 

10 (1) IN GENERAL.—Section 17(d)(1) of the Cen11 tral Intelligence Agency Act of 1949 (50 U.S.C. 

12 403q(d)(1)) is amended— 

13 (A) by striking ‘‘January 31 and July 31’’ 

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

15 (B) by striking ‘‘December 31 (of the pre16 ceding year) and June 30,’’ and inserting ‘‘Sep17 tember 30 and March 31,’’; and 

18 (C) by striking ‘‘Not later than the dates 

19 each year provided for the transmittal of such 

20 reports in section 507 of the National Security 

21 Act of 1947,’’ and inserting ‘‘Not later than 30 

22 days after the date of the receipt of such re23 ports,’’. 
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1 (2) CONFORMING AMENDMENTS.—Section 

2 507(b) of the National Security Act of 1947 (50 

3 U.S.C. 415b(b)) is amended— 

4 (A) by striking paragraph (1); and 

5 (B) by redesignating paragraphs (2), (3), 

6 and (4), as paragraphs (1), (2), and (3), re7 spectively. 

8 SEC. 310. REPEAL OF CERTAIN REPORTING REQUIRE9 MENTS. 

10 (a) REPEAL OF REPORTING REQUIREMENTS.— 

11 (1) ACQUISITION OF TECHNOLOGY RELATING

12 TO WEAPONS OF MASS DESTRUCTION AND AD13 VANCED CONVENTIONAL MUNITIONS.—Section 721 

14 of the Intelligence Authorization Act for Fiscal Year 

15 1997 (50 U.S.C. 2366) is repealed. 

16 (2) SAFETY AND SECURITY OF RUSSIAN NU17 CLEAR FACILITIES AND NUCLEAR MILITARY

18 FORCES.—Section 114 of the National Security Act 

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

20 (A) by striking subsections (a) and (d); 

21 and 

22 (B) by redesignating subsections (b) and 

23 (c) as subsections (a) and (b), respectively. 

24 (3) INTELLIGENCE COMMUNITY BUSINESS SYS25 TEMS BUDGET INFORMATION.—Section 506D of the 
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1 National Security Act of 1947 (50 U.S.C. 415a–6) 

2 is amended by striking subsection (e). 

3 (4) MEASURES TO PROTECT THE IDENTITIES

4 OF COVERT AGENTS.—Title VI of the National Secu5 rity Act of 1947 (50 U.S.C. 421 et seq.) is amend6 ed— 

7 (A) by striking section 603; and 

8 (B) by redesignating sections 604, 605, 

9 and 606 as sections 603, 604, and 605, respec10 tively. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 (1) REPORT SUBMISSION DATES.—Section 507 

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

14 415b) is amended— 

15 (A) in subsection (a)— 

16 (i) in paragraph (1)— 

17 (I) by striking subparagraphs 

18 (A), (C), and (D); 

19 (II) by redesignating subpara20 graphs (B), (E), (F), (G), (H), and 

21 (I) as subparagraphs (A), (B), (C), 

22 (D), (E), and (F), respectively; and 

23 (III) in subparagraph (D), as so 

24 redesignated, by striking ‘‘section 
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1 114(c).’’ and inserting ‘‘section 

2 114(a).’’; and 

3 (ii) by amending paragraph (2) to 

4 read as follows: 

5 ‘‘(2) The date for the submittal to the congres6 sional intelligence committees of the annual report 

7 on the threat of attack on the United States from 

8 weapons of mass destruction required by section 

9 114(b) shall be the date each year provided in sub10 section (c)(1)(B).’’; 

11 (B) in subsection (c)(1)(B), by striking 

12 ‘‘each’’ and inserting ‘‘the’’; and 

13 (C) in subsection (d)(1)(B), by striking 

14 ‘‘an’’ and inserting ‘‘the’’. 

15 (2) TABLE OF CONTENTS OF THE NATIONAL

16 SECURITY ACT OF 1947.—The table of contents in 

17 the first section of the National Security Act of 

18 1947 is amended by striking the items relating to 

19 sections 603, 604, 605, and 606 and inserting the 

20 following new items: 

‘‘Sec. 603. Extraterritorial jurisdiction. 

‘‘Sec. 604. Providing information to Congress. 

‘‘Sec. 605. Definitions.’’. 
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1 TITLE IV—MATTERS RELATING 

2 TO THE CENTRAL INTEL3 LIGENCE AGENCY 

4 SEC. 401. WORKING CAPITAL FUND AMENDMENTS. 

5 Section 21 of the Central Intelligence Agency Act of 

6 1949 (50 U.S.C. 403u) is amended as follows: 

7 (1) In subsection (b)— 

8 (A) in paragraph (1)— 

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

10 ‘‘and’’ at the end; 

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

12 ‘‘program.’’ and inserting ‘‘program; and’’; 

13 and 

14 (iii) by adding at the end the fol15 lowing: 

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

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

18 through Government communication channels.’’; and 

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

20 ‘‘(3) The authority in paragraph (1)(D) does not in21 clude the authority to distribute gifts or promotional 

22 items.’’; and 

23 (2) in subsection (c)— 

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

25 the sale or exchange of equipment or property 
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1 of a central service provider’’ and inserting 

2 ‘‘from the sale or exchange of equipment, recy3 clable materials, or property of a central service 

4 provider.’’; and 

5 (B) in paragraph (3)(B), by striking ‘‘sub6 section (f)(2)’’ and inserting ‘‘subsections 

7 (b)(1)(D) and (f)(2)’’. 

8 TITLE V—OTHER MATTERS 

9 SEC. 501. HOMELAND SECURITY INTELLIGENCE PROGRAM. 

10 There is established within the Department of Home11 land Security a Homeland Security Intelligence Program. 

12 The Homeland Security Intelligence Program constitutes 

13 the intelligence activities of the Office of Intelligence and 

14 Analysis of the Department that serve predominantly de15 partmental missions. 

16 SEC. 502. EXTENSION OF NATIONAL COMMISSION FOR THE 

17 REVIEW OF THE RESEARCH AND DEVELOP18 MENT PROGRAMS OF THE UNITED STATES IN19 TELLIGENCE COMMUNITY. 

20 Section 1007(a) of the Intelligence Authorization Act 

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

22 401 note) is amended by striking ‘‘Not later than one year 

23 after the date on which all members of the Commission 

24 are appointed pursuant to section 701(a)(3) of the Intel-
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1 ligence Authorization Act for Fiscal Year 2010,’’ and in2 serting ‘‘Not later than March 31, 2013,’’. 

3 SEC. 503. PROTECTING THE INFORMATION TECHNOLOGY 

4 SUPPLY CHAIN OF THE UNITED STATES. 

5 (a) REPORT.—Not later than 90 days after the date 

6 of the enactment of this Act, the Director of National In7 telligence shall submit to the congressional intelligence 

8 committees a report that— 

9 (1) identifies foreign suppliers of information 

10 technology (including equipment, software, and serv11 ices) that are linked directly or indirectly to a for12 eign government, including— 

13 (A) by ties to the military forces of a for14 eign government; 

15 (B) by ties to the intelligence services of a 

16 foreign government; or 

17 (C) by being the beneficiaries of significant 

18 low interest or no interest loans, loan forgive19 ness, or other support by a foreign government; 

20 and 

21 (2) assesses the vulnerability to malicious activ22 ity, including cyber crime or espionage, of the tele23 communications networks of the United States due 

24 to the presence of technology produced by suppliers 

25 identified under paragraph (1). 
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1 (b) FORM.—The report required under subsection (a) 

2 shall be submitted in unclassified form, but may include 

3 a classified annex. 

4 (c) TELECOMMUNICATIONS NETWORKS OF THE

5 UNITED STATES DEFINED.—In this section, the term 

6 ‘‘telecommunications networks of the United States’’ in7 cludes— 

8 (1) telephone systems; 

9 (2) Internet systems; 

10 (3) fiber optic lines, including cable landings; 

11 (4) computer networks; and 

12 (5) smart grid technology under development by 

13 the Department of Energy. 

14 SEC. 504. NOTIFICATION REGARDING THE AUTHORIZED 

15 PUBLIC DISCLOSURE OF NATIONAL INTEL16 LIGENCE. 

17 (a) NOTIFICATION.—In the event of an authorized 

18 disclosure of national intelligence or intelligence related to 

19 national security to the persons or entities described in 

20 subsection (b), the government official responsible for au21 thorizing the disclosure shall submit to the congressional 

22 intelligence committees on a timely basis a notification of 

23 the disclosure if— 

24 (1) at the time of the disclosure— 

25 (A) such intelligence is classified; or 
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1 (B) is declassified for the purpose of the 

2 disclosure; and 

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

4 employee, or contractor of the Executive branch. 

5 (b) PERSONS OR ENTITIES DESCRIBED.—The per6 sons or entities described in this subsection are as follows: 

7 (1) Media personnel. 

8 (2) Any person or entity, if the disclosure de9 scribed in subsection (a) is made with the intent or 

10 knowledge that such information will be made pub11 licly available. 

12 (c) CONTENT.—Each notification required under 

13 subsection (a) shall— 

14 (1) provide the specific title and authority of 

15 the individual authorizing the disclosure; 

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

17 authority of the individual who authorized the de18 classification of the intelligence disclosed; and 

19 (3) describe the intelligence disclosed, including 

20 the classification of the intelligence prior to its dis21 closure or declassification and the rationale for mak22 ing the disclosure. 

23 (d) EXCEPTION.—The notification requirement in 

24 this section does not apply to a disclosure made— 
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1 (1) pursuant to any statutory requirement, in2 cluding to section 552 of title 5, United States Code 

3 (commonly referred to as the ‘‘Freedom of Informa4 tion Act’’); 

5 (2) in connection with a civil, criminal, or ad6 ministrative proceeding; 

7 (3) as a result of a declassification review proc8 ess under Executive Order 13526 (50 U.S.C. 435 

9 note) or any successor order; or 

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

11 the Federal government or member of an advisory 

12 committee to an element of the intelligence commu13 nity who possesses an active security clearance and 

14 a need to know the specific national intelligence or 

15 intelligence related to national security, as defined in 

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

17 (50 U.S.C. 401a(5)). 

18 (e) SUNSET.—The notification requirements of this 

19 section shall cease to be effective for any disclosure de20 scribed in subsection (a) that occurs on or after the date 

21 that is one year after the date of the enactment of this 

22 Act. 
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1 SEC. 505. TECHNICAL AMENDMENTS RELATED TO THE OF2 FICE OF THE DIRECTOR OF NATIONAL INTEL3 LIGENCE. 

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

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

6 clause (ii) and inserting the following: 

7 ‘‘(ii)(I) the Federal Bureau of Investiga8 tion, the Central Intelligence Agency, the De9 fense Intelligence Agency, the National 

10 Geospatial-Intelligence Agency, the National Se11 curity Agency, the Office of the Director of Na12 tional Intelligence, and the National Reconnais13 sance Office; and 

14 ‘‘(II) as determined by the President, any 

15 executive agency or unit thereof the principal 

16 function of which is the conduct of foreign in17 telligence or counterintelligence activities, pro18 vided that the determination be made prior to 

19 a personnel action; or’’. 

20 (b) SENIOR EXECUTIVE SERVICE.—Section 

21 3132(a)(1)(B) of title 5, United States Code, is amended 

22 by inserting ‘‘the Office of the Director of National Intel23 ligence,’’ after ‘‘the Central Intelligence Agency,’’. 
28 

†S 3454 ES

1 SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF IN2 TELLIGENCE AGENCY. 

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

4 (50 U.S.C. 426) is amended to read as follows: 

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

6 elements of the intelligence community, as that term 

7 is defined in section 3(4).’’. 

8 SEC. 507. BUDGETARY EFFECTS. 

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

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

11 shall be determined by reference to the latest statement 

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

13 Act, submitted for printing in the Congressional Record 

14 by the Chairman of the Senate Budget Committee, pro15 vided that such statement has been submitted prior to the 

16 vote on passage. 

Passed the Senate December 28, 2012. 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION S. 3454 

AN ACT 

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