EAS12425 S.L.C. Calendar No. llll 112TH CONGRESS 2D SESSION S. ll [Report No. 112-lll] 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 llllllllll 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 Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.--This Act may be cited as the 5 ''Intelligence Authorization Act for Fiscal Year 2013''. EAS12425 S.L.C. 2 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. Sec. Sec. Sec. 101. 102. 103. 104. Authorization of appropriations. Classified schedule of authorizations. Personnel ceiling adjustments. 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. Sec. Sec. Sec. Sec. Restriction on conduct of intelligence activities. Increase in employee compensation and benefits authorized by law. Non-reimbursable details. Software licensing. 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. 301. 302. 303. 304. 305. EAS12425 S.L.C. 3 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 2 3 4 5 6 7 8 9 10 11 12 13 SEC. 2. DEFINITIONS. In this Act: (1) CONGRESSIONAL TEES.--The INTELLIGENCE COMMIT- term ''congressional intelligence com- mittees'' means-- (A) the Select Committee on Intelligence of the Senate; and (B) the Permanent Select Committee on Intelligence of the House of Representatives. (2) INTELLIGENCE COMMUNITY.--The term ''intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). EAS12425 S.L.C. 4 1 2 3 4 TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) The Office of the Director of National Intelligence. (2) The Central Intelligence Agency. (3) The Department of Defense. (4) The Defense Intelligence Agency. (5) The National Security Agency. (6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (7) The Coast Guard. (8) The Department of State. (9) The Department of the Treasury. (10) The Department of Energy. (11) The Department of Justice. (12) The Federal Bureau of Investigation. (13) The Drug Enforcement Administration. (14) The National Reconnaissance Office. EAS12425 S.L.C. 5 1 2 3 4 5 cy. (16) The Department of Homeland Security. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. (15) The National Geospatial-Intelligence Agen- (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 17 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.--The classified Schedule of Authoriza- 18 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. EAS12425 S.L.C. 6 1 2 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (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 Di- 15 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 21 22 23 24 25 (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. EAS12425 S.L.C. 7 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. (a) AUTHORIZATION OF APPROPRIATIONS.-- (1) IN GENERAL.--There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2013 the sum of $542,346,000. (2) AVAILABILITY OF CERTAIN FUNDS.--Of the amounts authorized to be appropriated by paragraph (1), funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2014. (b) AUTHORIZED PERSONNEL LEVELS.--The ele- 21 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 EAS12425 S.L.C. 8 1 Director of National Intelligence or personnel detailed 2 from other elements of the United States Government. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (c) CLASSIFIED AUTHORIZATION TIONS.-- OF APPROPRIA- (1) AUTHORIZATION OF APPROPRIATIONS.--In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Community Management Account for fiscal year 2013 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2014. (2) AUTHORIZATION OF PERSONNEL.--In addi- tion to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2013, there are authorized such additional personnel for the Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to in section 102(a). EAS12425 S.L.C. 9 1 2 3 4 5 6 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM SEC. 201. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Cen- 7 tral Intelligence Agency Retirement and Disability Fund 8 for fiscal year 2013 the sum of $514,000,000. 9 10 11 12 13 14 TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. 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 19 20 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW. 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. EAS12425 S.L.C. 10 1 2 SEC. 303. NON-REIMBURSABLE DETAILS. Section 113A of the National Security Act of 1947 3 (50 U.S.C. 404h-1) is amended-- 4 5 6 7 8 9 10 11 (1) by striking ''two years.'' and inserting ''three years.''; and (2) by adding at the end ''A non-reimbursable detail made under this section shall not be considered an augmentation of the appropriations of the receiving element of the intelligence community.''. SEC. 304. SOFTWARE LICENSING. (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 17 18 19 20 21 22 (1) conduct an inventory of software licenses held by such element, including utilized and unutilized licenses; and (2) report the results of such inventory to the Chief Information Officer of the intelligence community. (b) REPORTING TO CONGRESS.--The Chief Informa- 23 tion Officer of the intelligence community shall-- 24 25 26 (1) not later than 180 days after the date of the enactment of this Act, provide to the congressional intelligence committees a copy of each report EAS12425 S.L.C. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 received by the Chief Information Officer under subsection (a)(2), along with any comments the Chief Information Officer wishes to provide; and (2) transmit any portion of a report submitted under paragraph (1) involving a component of a department of the United States Government to the committees of the Senate and of the House of Representatives with jurisdiction over such department simultaneously with submission of such report to the congressional intelligence committees. SEC. 305. IMPROPER PAYMENTS ELIMINATION AND RECOVERY ACT OF 2010 COMPLIANCE. (a) PLAN FOR COMPLIANCE.-- (1) IN GENERAL.--The Director of National In- telligence, the Director of the Central Intelligence Agency, the Director of the Defense Intelligence Agency, the Director of the National Geospatial-Intelligence Agency, and the Director of the National Security Agency shall each develop a corrective action plan, with major milestones, that delineates how the Office of the Director of National Intelligence and each such Agency will achieve compliance, not later than September 30, 2013, with Improper Payments Elimination and Recovery Act of 2010 (Public EAS12425 S.L.C. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Law 111-204; 124 Stat. 2224), and the amendments made by that Act. (2) SUBMISSION TO CONGRESS.--Not later than 45 days after the date of the enactment of this Act-- (A) each Director referred to in paragraph (1) shall submit to the congressional intelligence committees the corrective action plan required by such paragraph; and (B) the Director of the Defense Intelligence Agency, the Director of the National Geospatial-Intelligence Agency, and the Director of the National Security Agency shall each submit to the Committees on Armed Services of the Senate and the House of Representatives the corrective action plan required by paragraph (1) with respect to the applicable Agency. (b) REVIEW BY INSPECTORS GENERAL.-- (1) IN GENERAL.--Not later than 45 days after the completion of a corrective action plan required by subsection (a)(1), the Inspector General of the appropriate Agency, and in the case of the Director of National Intelligence, the Inspector General of the Intelligence Community, shall provide to the con- EAS12425 S.L.C. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 gressional intelligence committees an assessment of such plan that includes-- (A) the assessment of the Inspector General of whether such Agency or Office is or is not likely to reach compliance with the requirements of the Improper Payments Elimination and Recovery Act of 2010 (Public Law 111- 204; 124 Stat. 2224), and the amendments made by that Act, by September 30, 2013; and (B) the basis of the Inspector General for such assessment. (2) ADDITIONAL SUBMISSION OF REVIEWS OF CERTAIN INSPECTORS GENERAL.--Not later than 45 days after the completion of a corrective action plan required by subsection (a)(1), the Inspector General of the Defense Intelligence Agency, the Inspector General of the National Geospatial-Intelligence Agency, and the Inspector General of the National Security Agency shall each submit to the Committees on Armed Services of the Senate and the House of Representatives the assessment of the applicable plan provided to the congressional intelligence committees under paragraph (1). EAS12425 S.L.C. 14 1 2 3 SEC. 306. AUTHORITIES OF THE INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY. 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 offi- 7 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 24 SEC. 307. MODIFICATION OF REPORTING SCHEDULE. (a) INSPECTOR GENERAL OF THE INTELLIGENCE 25 COMMUNITY.--Section 103H(k)(1)(A) of the National Se- EAS12425 S.L.C. 15 1 curity Act of 1947 (50 U.S.C. 403-3h(k)(1)(A)) is amend2 ed-- 3 4 5 6 7 8 9 (1) by striking ''January 31 and July 31'' and inserting ''October 31 and April 30''; and (2) by striking ''December 31 (of the preceding year) and June 30,'' and inserting ''September 30 and March 31,''. (b) INSPECTOR GENERAL LIGENCE FOR THE CENTRAL INTEL- AGENCY.--Section 17(d)(1) of the Central Intel- 10 ligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is 11 amended-- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) by striking ''January 31 and July 31'' and inserting ''October 31 and April 30''; and (2) by striking ''December 31 (of the preceding year) and June 30,'' and inserting ''September 30 and March 31,''. SEC. 308. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS. (a) REPEAL MENTS.-- OF CERTAIN REPORTING REQUIRE- (1) REPEAL OF REPORTING REQUIREMENT RE- GARDING THE SAFETY AND SECURITY OF RUSSIAN NUCLEAR FACILITIES AND NUCLEAR MILITARY FORCES.--Section 114 of the National Security Act of 1947 (50 U.S.C. 404i) is amended-- EAS12425 S.L.C. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (A) by striking subsection (a); and (B) by striking subsection (d). (2) REPEAL OF REPORTING REQUIREMENT RE- GARDING INTELLIGENCE COMMUNITY BUSINESS SYSTEMS BUDGET INFORMATION.--Section 506D of the National Security Act of 1947 (50 U.S.C. 415a-6) is amended by striking subsection (e). (3) REPEAL OF REPORTING REQUIREMENTS RE- GARDING SECURITY CLEARANCES.-- (A) IN GENERAL.--Section 506H of the National Security Act of 1947 (50 U.S.C. 415a-10) is repealed. (B) TABLE OF CONTENTS AMENDMENT.-- The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended in the table of contents in the first section by striking the item relating to section 506H. (4) REPEAL OF REPORTING REQUIREMENT RE- GARDING MEASURES TO PROTECT THE IDENTITIES OF COVERT AGENTS.-- (A) IN GENERAL.--Section 603 of the Na- tional Security Act of 1947 (50 U.S.C. 423) is repealed. (B) TABLE OF CONTENTS AMENDMENT.-- The National Security Act of 1947 (50 U.S.C. EAS12425 S.L.C. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 401 et seq.) is amended in the table of contents in the first section by striking the item relating to section 603. (5) REPEAL OF REPORTING REQUIREMENT RE- GARDING ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF MASS DESTRUCTION AND AD- VANCED CONVENTIONAL MUNITIONS.--Section 721 of the Intelligence Authorization Act for Fiscal Year 1997 (50 U.S.C. 2366) is repealed. (6) REPEAL OF REPORTING REQUIREMENT RE- GARDING ANALYTIC INTEGRITY.--Section 1019 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 403-1a) is amended-- (A) by striking subsection (c); and (B) by striking subsection (d). (7) REPEAL GARDING OF REPORTING REQUIREMENT REAND SECURITY COUNTERINTELLIGENCE PRACTICES AT THE NATIONAL LABORATORIES.--Sec- tion 4507 of the Atomic Energy Defense Act (50 U.S.C. 2658) is repealed. (8) REPEAL OF REPORTING REQUIREMENT RE- GARDING SECURITY VULNERABILITIES OF NATIONAL LABORATORY COMPUTERS.--Section 4508 of the Atomic Energy Defense Act (50 U.S.C. 2659) is repealed. EAS12425 S.L.C. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (b) MODIFICATION QUIREMENTS.-- OF CERTAIN REPORTING RE- (1) SUNSET OF REPORTING REQUIREMENT RE- GARDING INTELLIGENCE COMMUNITY BUSINESS SYSTEM TRANSFORMATION.--Section 506D(j) of the National Security Act of 1947 (50 U.S.C. 415a- 6(j)) is amended by striking ''2015'' and inserting ''2013''. (2) MODIFICATION OF REPORTING REQUIRE- MENT REGARDING THE ACTIVITIES OF PRIVACY AND CIVIL LIBERTIES OFFICERS.--Section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee-1(f)(1)) is amended by striking ''quarterly,'' and inserting ''semiannually,''. TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY SEC. 401. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE AGENCY. Section 17(e)(7) of the Central Intelligence Agency 22 Act of 1949 (50 U.S.C. 403q(e)(7)) is amended-- 23 24 (1) by striking ''Subject to applicable law'' and inserting ''(A) Subject to applicable law''; and EAS12425 S.L.C. 19 1 2 3 (2) by adding at the end the following new subparagraph: ''(B)(i) The Inspector General may designate an offi- 4 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 22 SEC. 402. WORKING CAPITAL FUND AMENDMENTS. Section 21 of the Central Intelligence Agency Act of 23 1949 (50 U.S.C. 403u) is amended as follows: 24 25 (1) In subsection (b)-- (A) in paragraph (1)-- EAS12425 S.L.C. 20 1 2 3 4 5 6 7 8 9 10 11 12 (i) in subparagraph (B), by striking ''and'' at the end; (ii) in subparagraph (C), by striking ''program.'' and inserting ''program; and''; and (iii) by adding at the end the following: ''(D) authorize such providers to make known their services to the entities specified in section (a) through Government communication channels.''; and (B) by adding at the end the following: ''(3) The authority in paragraph (1)(D) does not in- 13 clude the authority to distribute gifts or promotional 14 items.''. 15 16 17 18 19 20 21 22 23 24 (2) In subsection (c)-- (A) in paragraph (2)(E), by striking ''from the sale or exchange of equipment or property of a central service provider'' and inserting ''from the sale or exchange of equipment, recyclable materials, or property of a central service provider.''; and (B) in paragraph (3)(B), by striking ''subsection (f)(2)'' and inserting ''subsections (b)(1)(D) and (f)(2)''. EAS12425 S.L.C. 21 1 2 3 4 5 6 7 TITLE V--PREVENTING UNAUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION SEC. 501. NOTIFICATION REGARDING THE AUTHORIZED PUBLIC DISCLOSURE OF NATIONAL INTELLIGENCE. (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 14 15 16 17 18 19 (1) at the time of the disclosure-- (A) such intelligence is classified; or (B) is declassified for the purpose of the disclosure; and (2) the disclosure will be made by an officer, employee, or contractor of the Executive branch. (b) PERSONS OR ENTITIES DESCRIBED.--The per- 20 sons or entities described in this subsection are as follows: 21 22 23 24 25 (1) Media personnel, including any person or entity under contract or other binding agreement with the media to provide analysis or commentary. (2) Any person or entity, if the disclosure described in subsection (a) is made with the intent or EAS12425 S.L.C. 22 1 2 3 knowledge that such information will be made publicly available. (c) CONTENT.--Each notification required under 4 subsection (a) shall-- 5 6 7 8 9 10 11 12 13 14 (1) provide the specific title and authority of the individual authorizing the disclosure; (2) if applicable, provide the specific title and authority of the individual who authorized the declassification of the intelligence disclosed; and (3) describe the intelligence disclosed, including the classification of the intelligence prior to its disclosure or declassification and the rationale for making the disclosure. (d) EXCEPTION.--The notification requirement in 15 this section does not apply to a disclosure made-- 16 17 18 19 20 21 22 23 24 (1) pursuant to any statutory requirement, including to section 552 of title 5, United States Code (commonly referred to as the ''Freedom of Information Act''); (2) in connection with a civil, criminal, or administrative proceeding; (3) as a result of a declassification review process under Executive Order 13526 (50 U.S.C. 435 note) or any successor order; or EAS12425 S.L.C. 23 1 2 3 4 5 6 7 8 9 10 11 (4) to any officer, employee, or contractor of the Federal government or member of an advisory board to an element of the intelligence community who possesses an active security clearance and a need to know the specific national intelligence or intelligence related to national security, as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)). SEC. 502. REQUIREMENT TO RECORD AUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION. (a) RECORD REQUIREMENT.--The head of each ele- 12 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. EAS12425 S.L.C. 24 1 2 3 4 SEC. 503. PROCEDURES FOR CONDUCTING ADMINISTRATIVE INVESTIGATIONS OF UNAUTHORIZED DISCLOSURES. (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 8 9 10 11 (1) establish procedures as described in subsection (b); and (2) provide a copy of the procedures to the congressional intelligence committees. (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 17 18 19 20 21 22 23 24 25 26 (1) designation of an office with responsibility for proactively identifying unauthorized disclosures of classified information; (2) submission and prioritization of crimes reports to the Attorney General for purposes of criminal investigation concerning unauthorized disclosures of classified information; (3) conduct of independent administrative investigations of unauthorized disclosures of classified information, if a criminal investigation is not pursued or is discontinued; EAS12425 S.L.C. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (4) guidelines approved by the Attorney General that authorize the Director of the Federal Bureau of Investigation to provide relevant documents and other information in the Director's possession to appropriate elements of the intelligence community for purposes of conducting administrative investigations of the unauthorized disclosure of classified information; (5) procedures for the heads of elements of the intelligence community to apply disciplinary measures, if appropriate, following an administrative investigation, up to and including termination of employment; (6) in cases where an administrative investigation identifies information that may enable or inform a criminal investigation, procedures for providing such information to the Attorney General; (7) procedures for keeping the National Counterintelligence Executive and the congressional intelligence committees informed of the status of all administrative investigations and crimes reports; and (8) other procedures as determined by the Director. EAS12425 S.L.C. 26 1 2 3 4 5 SEC. 504. ASSESSMENT OF PROCEDURES FOR DETECTING AND PREVENTING UNAUTHORIZED DISCLOSURES. (a) DIRECTOR OF NATIONAL INTELLIGENCE ASSESSMENT.--Not later than 120 days after the date of the en- 6 actment of this Act, the Director of National Intelligence 7 shall provide the congressional intelligence committees 8 with an assessment of-- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (1) the practical feasibility of extending the use of the polygraph to additional Executive branch personnel and standardizing the questions used during polygraph examinations regarding disclosure of classified information and contact with the media; (2) the benefits of extending the automated insider threat detection capabilities described in section 402 of the Intelligence Authorization Act of Fiscal Year 2011 (Public Law 112-18; 50 U.S.C. 403-1 note) to sensitive compartmented information level computer systems used by agencies or personnel outside the intelligence community; and (3) a description of actions that could be taken to address improper classification of material. (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 EAS12425 S.L.C. 27 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 8 9 SEC. 505. PROHIBITION ON CERTAIN INDIVIDUALS SERVING AS CONSULTANTS. (a) PROHIBITION.--No person described in sub- 10 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 20 21 22 23 24 (1) any officer, employee, or contractor of the Federal government who possesses an active security clearance; (2) any member of an advisory board to an element of the intelligence community who possesses an active security clearance; or EAS12425 S.L.C. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (3) any former officer, employee, or contractor of the Federal government or former member of an advisory board to an element of the intelligence community who-- (A) has left the employment or service of the Federal government during the previous 1 year period; and (B) possessed a security clearance allowing access to top secret, sensitive compartmented information at any time during the 3 years prior to leaving such employment or service. SEC. 506. LIMITATION ON PERSONS AUTHORIZED TO COMMUNICATE WITH THE MEDIA. (a) LIMITATION.-- (1) IN GENERAL.--For each element of the in- telligence community, only the Director and Deputy Director of such element, or individuals in equivalent positions within such element, and individuals in the offices of public affairs who are specifically designated by the Director (or the individual in an equivalent position), may provide background or offthe-record information regarding intelligence activities to the media, or to any person affiliated with the media. EAS12425 S.L.C. 29 1 2 3 4 5 (2) DESIGNATION IN WRITING.--Each designa- tion made under paragraph (1) by a Director (or an individual in an equivalent position) shall be in writing. (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 11 12 13 SEC. 507. RESPONSIBILITIES OF INTELLIGENCE COMMUNITY PERSONNEL WITH ACCESS TO CLASSIFIED INFORMATION. (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 17 18 19 20 21 22 23 24 (1) prescribe regulations outlining the responsibilities of, and a process for, all covered persons to report oral and written contact with the media to the security office of the appropriate element of the intelligence community; (2) prescribe regulations that ensure that any covered person, prior to leaving the employment or services of the Federal Government, is informed of the ongoing responsibility to comply with all provi- EAS12425 S.L.C. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 sions of the written nondisclosure agreements governing access to classified information; (3) establish appropriate requirements for covered persons to comply, during and subsequent to any period of employment, with all prepublication review requirements contained in any nondisclosure agreement between the covered person and any and all elements of the intelligence community to which such person has been assigned, employed, contracted, or detailed; (4) establish appropriate requirements for covered persons, during and subsequent to any period of employment or service, to submit any written materials and anticipated oral comments for prepublication review; (5) update, and require current acknowledgment of, the written nondisclosure agreements governing access to classified information to comply with the provisions of this Act; and (6) prescribe regulations that specify appropriate disciplinary actions to be taken against any covered person, during and subsequent to any period of employment or service, determined by the Director of National Intelligence to have violated a writ- EAS12425 S.L.C. 31 1 2 3 4 5 6 7 8 9 10 11 ten agreement under this section, which may include-- (A) issuance of letters of reprimand; (B) placing notices of violations in personnel files and informing the congressional oversight committees of such notices; (C) revocation of security clearances; (D) prohibition on obtaining new security clearances; and (E) termination of employment. (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 17 18 19 20 SEC. 508. REPORT ON IMPROVEMENTS TO THE CRIMINAL PROCESS FOR INVESTIGATING AND PROSECUTING UNAUTHORIZED DISCLOSURES OF CLASSIFIED INFORMATION. (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 EAS12425 S.L.C. 32 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 6 7 8 9 10 11 12 13 14 15 16 17 18 (1) potential modifications to the process used by elements of the intelligence community to submit crimes reports of unauthorized disclosures of classified information to the Attorney General; (2) potential modifications to the policies of the Department of Justice on issuing subpoenas directed at members of the news media, as described in section 50.10(b) of title 28, Code of Federal Regulations (or any similar successor regulation); and (3) potential modifications to the Classified Information Procedures Act (Public Law 96-456; 94 Stat. 2025). SEC. 509. IMPROVING INSIDER THREAT INITIATIVES. (a) DESIGNATION OF INSIDER THREAT PROGRAM 19 MANAGERS.-- 20 21 22 23 24 (1) REQUIREMENT TO DESIGNATE.--Not later than 90 days after the date of the enactment of this Act, each head of an element of the intelligence community shall designate an insider threat program manager with responsibility for developing a com- EAS12425 S.L.C. 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 prehensive insider threat program management plan as described in subsection (b) for such element. (2) INFORMATION ACCESS.--Each insider threat program manager designated under paragraph (1) for an element of the intelligence community shall have access to all relevant information regarding the allocation of resources to efforts by such element to counter insider threats, including resources for counterintelligence, physical security, information security, and human resources, except that such relevant information shall not be deemed to include information concerning specific counterintelligence or security investigations, unless the head of the element so directs. (b) DEVELOPMENT OF A COMPREHENSIVE INSIDER 16 THREAT PROGRAM MANAGEMENT PLAN.-- 17 18 19 20 21 22 23 24 25 (1) REQUIREMENT TO DEVELOP.--Not later than 1 year after the date of the enactment of this Act, each insider threat program manager designated under subsection (a)(1) for an element of the intelligence community shall develop, in coordination with the Office of the National Counterintelligence Executive and such other components of the Office of the Director of National Intelligence as the Director of National Intelligence deems appropriate, EAS12425 S.L.C. 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a comprehensive insider threat program management plan for such element that describes a comprehensive insider threat detection program for such element. (2) REVIEW AND APPROVAL.--Upon completion, each comprehensive insider threat program management plan developed under paragraph (1) shall be submitted to the head of the relevant element of the intelligence community for review, modification, and approval, and then to the Director of National Intelligence, for review, modification and approval. (3) SUBMISSION TO CONGRESS.--A copy of each comprehensive insider threat program management plan approved by the Director of National Intelligence under paragraph (2) shall be submitted-- (A) to the congressional intelligence committees, not later than 30 days after the date such plan is approved; and (B) if such plan involves a component of a department of the United States Government, to the committees of the Senate and of the House of Representatives with jurisdiction over such department simultaneously with submission of such copy to the congressional intelligence committees under subparagraph (A). EAS12425 S.L.C. 35 1 (c) IMPLEMENTING A COMPREHENSIVE INSIDER 2 THREAT DETECTION PROGRAM.-- 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (1) INITIAL OPERATING CAPABILITY.--Not later than 18 months after the date of the enactment of this Act, each head of an element of the intelligence community, in coordination with the Office of the National Counterintelligence Executive and the Office of the Director of National Intelligence, shall establish an initial operating capability for the comprehensive insider threat detection program for such element as described in the comprehensive insider threat program management plan developed under subsection (b). (2) FULL OPERATING CAPABILITY.--Not later than 2 years after the date of the enactment of this Act, the Director of National Intelligence shall-- (A) establish a full operating capability for each comprehensive insider threat detection program developed under subsection (b) for each element of the intelligence community; and (B) ensure that each such full operating capability is reached. EAS12425 S.L.C. 36 1 2 3 SEC. 510. AUTOMATED INSIDER THREAT DETECTION PROGRAM. 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 7 8 9 10 11 (1) in subsection (a), by striking ''October 1, 2012,'' and inserting ''October 1, 2013,''; and (2) in subsection (b), by striking ''October 1, 2013,'' and inserting ''October 1, 2014,''. SEC. 511. SURRENDER OF CERTAIN BENEFITS. (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 17 18 19 20 21 22 23 24 25 (1) are consistent with any procedures established by Executive order or regulation under section 801 of the National Security Act of 1947 (50 U.S.C. 435); (2) require each employee of an element of the intelligence community to sign a written agreement as described in subsection (b); and (3) set forth the administrative procedures applicable to an employee who violates the terms of such an agreement. EAS12425 S.L.C. 37 1 (b) AGREEMENT DESCRIBED.--An agreement de- 2 scribed in this subsection is an agreement, with respect 3 to an individual employed by an element of the intelligence 4 community, that-- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) prohibits the individual from disclosing classified information without authorization at any time during or subsequent to employment with an element of the intelligence community; (2) requires the individual to comply with all prepublication review requirements contained in any nondisclosure agreement between the individual and an element of the intelligence community; (3) specifies appropriate disciplinary actions, including the surrender of any current or future Federal Government pension benefit, to be taken against the individual if the Director of National Intelligence or the head of the appropriate element of the intelligence community determines that the individual has knowingly violated the prepublication review requirements contained in a nondisclosure agreement between the individual and an element of the intelligence community in a manner that disclosed classified information to an unauthorized person or entity; and EAS12425 S.L.C. 38 1 2 3 4 5 6 7 8 (4) describes procedures for making and reviewing determinations under paragraph (3) in a manner that is consistent with the due process and appeal rights otherwise available to an individual who is subject to the same or similar disciplinary action under other law. (c) FEDERAL GOVERNMENT PENSION BENEFIT DESCRIBED.--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 14 15 16 17 18 19 20 21 (1) Any contributions by a person to a Federal Government pension plan, in their fair market value. (2) Any old age benefits payable to a person under title II of the Social Security Act (42 U.S.C. 401 et seq.). (3) Any employee benefits or contributions of a person under the Thrift Savings Plan under subchapter III of chapter 84 of title 5, United States Code, or any successor benefit program. EAS12425 S.L.C. 39 1 2 3 4 5 SEC. 512. PROHIBITION ON SECURITY CLEARANCES FOR INDIVIDUALS WHO DISCLOSE TO THE PUBLIC EVIDENCE OR INFORMATION ON UNITED STATES COVERT ACTIONS. (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 14 15 16 17 18 19 20 21 22 23 24 25 (1) who-- (A) serves as an officer, employee, contractor, or member of an advisory board of the Federal Government; or (B) otherwise possesses an active security clearance; (2) who is known or determined, in accordance with applicable law or regulations, to have knowingly made a public disclosure of the existence of, or discussed classified details relating to, a classified covert action (as that term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 413b(e)); and EAS12425 S.L.C. 40 1 2 3 4 5 6 (3) who makes the disclosure, or discusses the details, described in paragraph (2) without prior authorization from an original classification authority. TITLE VI--OTHER MATTERS SEC. 601. HOMELAND SECURITY INTELLIGENCE PROGRAM. There is established within the Department of Home- 7 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 13 14 15 16 SEC. 602. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY. Section 1007(a) of the Intelligence Authorization Act 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 24 SEC. 603. PUBLIC INTEREST DECLASSIFICATION BOARD. (a) SUBSEQUENT APPOINTMENT.--Section 25 703(c)(2)(D) of the Public Interest Declassification Act EAS12425 S.L.C. 41 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 Inter- 5 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 14 15 SEC. 604. PROVISION OF CLASSIFIED OPINIONS OF THE OFFICE OF LEGAL COUNSEL TO CONGRESS. (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.-- EAS12425 S.L.C. 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (1) REQUIREMENT TO PROVIDE.--Except as provided in subsections (c) and (d), not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Attorney General, in coordination with the Director of National Intelligence, shall provide to the congressional intelligence committees a listing of every opinion of the Office of Legal Counsel of the Department of Justice that has been provided to an element of the intelligence community on or after September 11, 2001. (2) CONTENT.--Each listing submitted under paragraph (1) shall include-- (A) as much detail as possible about the subject of each opinion; (B) the date the opinion was issued; (C) the recipient agency or agencies; (D) whether the opinion has been made available to Congress or specific congressional committees, including the identity of each such committee; and (E) for any opinion that has not been made available to Congress or specific congressional committees, the basis for such withholding. EAS12425 S.L.C. 43 1 (c) EXCEPTION FOR COVERT ACTION.--If the Presi- 2 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 10 (d) EXCEPTION ECUTIVE FOR INFORMATION SUBJECT TO EX - 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 21 22 23 SEC. 605. TECHNICAL AMENDMENTS RELATED TO THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. (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: EAS12425 S.L.C. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (b) ''(ii)(I) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and ''(II) as determined by the President, any executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counterintelligence activities, provided that the determination be made prior to a personnel action; or''. 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 20 21 SEC. 606. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE AGENCY. Section 606(5) of the National Security Act of 1947 22 (50 U.S.C. 426) is amended as follows: 23 24 ''(5) The term 'intelligence agency' means the elements of the intelligence community.''. EAS12425 S.L.C. 45 1 2 SEC. 607. BUDGETARY EFFECTS. 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.