S. 3454: Intelligence Authorization Act for Fiscal Year 2013

112th Congress

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.

Sponsor: Sen. Dianne Feinstein — D — CA

Authorizes appropriations for FY2013 for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence (DNI); (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy (DOE), and Justice (DOJ); (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11) National Reconnaissance Office; (12) National Geospatial-Intelligence Agency (NGIA); and (13) Department of Homeland Security (DHS). (Sec. 102) Specifies that the amounts authorized above and the authorized personnel ceilings for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President. (Sec. 103) Allows the DNI to authorize employment of civilian personnel in excess of the number authorized for FY2013 (by not more than 3%) when necessary for the performance of important intelligence functions. Requires notification of the congressional intelligence committees in the exercise of such authority. Requires the DNI to establish guidelines for each element of the intelligence community (IC) to govern the treatment under authorized personnel levels of employment or assignment in: (1) a student program, trainee program, or similar program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. (Sec. 104) Authorizes appropriations for the Intelligence Community Management Account for FY2013, as well as for full-time personnel for elements within such Account. Title II: Central Intelligence Agency Retirement and Disability System - (Sec. 201) Authorizes appropriations for FY2013 for the Central Intelligence Agency Retirement and Disability Fund. Title III: General Intelligence Community Matters - (Sec. 301) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or laws of the United States. (Sec. 302) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law. (Sec. 303) Amends the National Security Act of 1947 to increase from two to three years the period that a federal officer or employee or member of the Armed Forces may be detailed to an IC element that is funded through the National Intelligence Program (NIP). Provides that a non-reimbursable detail shall not be considered an augmentation of the appropriations of the receiving IC element. (Sec. 304) Requires each chief information of each IC element to: (1) conduct an inventory of software licenses held, and (2) report inventory results to the IC Chief Information Officer (CIO). Directs the CIO to: (1) provide a report copy to the intelligence committees, and (2) transmit any portion of such report involving a component of a federal department to the committees with jurisdiction over such department. (Sec. 305) Requires the DNI and the directors of the CIA, DIA, NGIA, and NSA to each develop and submit to Congress a corrective action plan of how each agency will achieve compliance, by the end of FY2013, with requirements of the Improper Payments Elimination and Recovery Act of 2010. Directs the inspectors general of each such agency to submit a plan assessment to Congress. (Sec. 306) Authorizes the IC Inspector General to designate an officer or employee in an investigative position within the Office of the Inspector General as a law enforcement officer solely for the application of certain federal law enforcement retirement and pension benefit laws. (Sec. 307) Revises the due dates for IC and CIA Inspector General reports on activities within their respective offices. (Sec. 308) Repeals or modifies various recurring report requirements under the National Security Act of 1947, the Intelligence Authorization Act for Fiscal Year 1997, the Intelligence Reform and Terrorism Prevention Act of 2004, and the Atomic Energy Defense Act. Title IV: Matters Relating to the Central Intelligence Agency - (Sec. 401) Amends the Central Intelligence Agency Act of 1949 to authorize the CIA Inspector General to designate an officer or employee in an investigative position within the Office of the Inspector General as a law enforcement officer solely for the application of certain federal law enforcement retirement and pension benefit laws. (Sec. 402) Authorizes service providers under the CIA central services program to publicize their services through federal government communication channels, but prohibits such authority from being used to distribute gifts or promotional items. Allows such service providers to deposit funds from the sale of recyclable materials into the CIA working capital fund. Title V: Preventing Unauthorized Disclosures of Classified Information - (Sec. 501) Requires the government official responsible for authorizing the disclosure of national intelligence or national security-related information, at the same time such disclosure is made to the media or a public figure or entity, to notify the intelligence committees of such disclosure if: (1) such intelligence is classified or declassified for disclosure; and (2) the disclosure will be made by an officer, employee, or contractor of the executive branch. Provides exceptions, including disclosures authorized under the Freedom of Information Act. (Sec. 502) Directs the head of each IC element to ensure that such element creates and maintains a record of all authorized disclosures of classified information to media personnel or to any person or entity with the intent or knowledge that such information will be made public. (Sec. 503) Requires the DNI to: (1) establish procedures for the conduct by all IC elements of administrative investigations of unauthorized disclosures of classified information, and (2) provide such procedures to the intelligence committees. (Sec. 504) Directs the DNI to provide to such committees an assessment of IC procedures for detecting and preventing unauthorized disclosures. Requires a related assessment by the IC Inspector General. (Sec. 505) Prohibits any current or former (within one year) federal officer, employee, or contractor, or member of an advisory board to an IC element, who has or had an active security clearance, from contracting with the media to provide analysis or commentary (consulting) on matters concerning classified intelligence activities or intelligence related to national security. (Sec. 506) Provides that for each IC element, only its Director, Deputy Director, and appropriate public affairs officials may provide to the media background or off-the-record information regarding intelligence activities. (Sec. 507) Directs the DNI to prescribe regulations and establish requirements pertaining to IC employees with access to classified information and their contact with the media, both before and after employment. Requires under such regulations and requirements nondisclosure agreements, prepublication review of information to be disclosed, and employee disciplinary actions for unauthorized disclosures. (Sec. 508) Directs the Attorney General to report to the intelligence and judiciary committees on the effectiveness of, and potential improvements to, the process for investigating and prosecuting unauthorized disclosures of classified information. (Sec. 509) Requires the head of each IC element to designate an insider threat program manager responsible for developing a comprehensive insider threat program management plan. Requires each plan to be submitted to such IC element head for review, modification, and approval, and then to the DNI for review, modification, and approval. Requires each DNI-approved plan to be submitted to Congress. Directs each IC element head to establish an initial operating capability for their insider threat detection program. (Sec. 510) Amends the Intelligence Authorization Act for Fiscal Year 2011 to extend by one year the milestones for establishment of an IC automated insider threat detection program. (Sec. 511) Directs the DNI to publish regulations that require each employee of an IC element to sign a written agreement accepting certain disciplinary actions, including possible surrender of pension, for the violation of prepublication requirements concerning the disclosure of classified information. (Sec. 512) Prohibits the receipt, retention, or other possession of a security clearance for access to classified information by any individual who: (1) serves as an officer, employee, contractor, or member of a federal advisory board, or otherwise possesses an active security clearance; (2) is known or determined to have publicly disclosed classified details relating to a covert action; and (3) makes such disclosure or discusses such details without prior authorization from an original classification authority. Title VI: Other Matters - (Sec. 601) Establishes within DHS a Homeland Security Intelligence Program, consisting of the intelligence activities of the Office of Intelligence and Analysis that serve predominantly departmental missions. (Sec. 602) Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend the due date for a findings report by the National Commission for the Review of the Research and Development Programs of the U.S. intelligence community. (Sec. 603) Amends the Public Interest Declassification Act of 2000 to: (1) eliminate certain term limits for members of the Public Interest Declassification Board, and (2) extend Board authority through 2018. (Sec. 604) Requires the Attorney General to annually provide to the intelligence committees a copy of every classified opinion of the Office of Legal Counsel of the Department of Justice (DOJ) provided to an IC element on or after September 11, 2001. Authorizes the President to limit such information, as it relates to a covert action, to those members of Congress who have been granted appropriated access. Provides a general exception with respect to information subject to executive privilege.

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