The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the U.S. Dept of State was published in the Senate section on pages S8508-S8513 on Dec. 28, 2012.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 3439. Mr. WYDEN (for himself, Mr. Udall of Colorado, Mr. Lee, Mr. Durbin, Mr. Merkley, Mr. Udall of New Mexico, Mr. Begich, Mr. Franken, Mr. Webb, Mrs. Shaheen, Mr. Tester, Mr. Bingaman, Mr. Lautenberg, Mr. Coons, and Mr. Baucus) proposed an amendment to the bill H.R. 5949, to extend the FISA Amendments Act of 2008 for five years; as follows:
At the end, add the following:
SEC. 5. REPORT ON THE IMPACT OF THE FISA AMENDMENTS ACT OF
2008 ON THE PRIVACY OF THE PEOPLE OF THE UNITED
STATES.
(a) Findings.--Congress makes the following findings:
(1) The central provision of the FISA Amendments of 2008
(Public Law 110-261; 122 Stat. 2436) enacted section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) which provides the government authority to collect the communications of persons reasonably believed to be citizens of foreign countries who are located outside the United States.
(2) Such section 702 contained restrictions regarding the acquisition of the communications of United States persons which were intended to protect the privacy of United States persons and prevent intelligence agencies from using the authority in such section to deliberately read or listen to the communications of specific United States persons without obtaining a warrant or emergency authorization to do so.
(3) Estimating the total number of communications to or from the United States collected under the authority in such section 702 would provide an indication of the degree to which collection carried out under such section has impacted the privacy of United States persons.
(4) Estimating the number of wholly domestic communications collected under the authority in such section 702 would provide a particularly significant indication of the degree to which collection carried out under this authority has impacted the privacy of United States persons.
(5) While Congress did not intend to provide authority in such section 702 for elements of the intelligence community to deliberately review the communications of specific United States persons without obtaining individual warrants or emergency authorizations to do so, such section 702 does not include a specific prohibition against this action, and the people of the United States have a right to know whether elements of the intelligence community have deliberately searched through communications collected under such section 702 to find the communications of specific United States persons.
(6) Despite requests from numerous Senators, the Director of National Intelligence has declined to state publicly whether--
(A) any entity has made an estimate of the number of United States communications that have been collected under such section 702;
(B) any wholly domestic communications have been collected under such section 702; or
(C) any element of the intelligence community has attempted to search through communications collected under such section 702 in a deliberate effort to review the communications of a specific United States person without obtaining a warrant or emergency authorization permitting such a search.
(7) In public remarks in July 2012, the Director of the National Security Agency stated that ``the story that we have millions or hundreds of millions of dossiers on people is absolutely false''.
(b) Report.--
(1) Requirement.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report on the impact of the amendments made by the FISA Amendments Act of 2008
(Public Law 110-261; 122 Stat. 2436) and other surveillance authorities on the privacy of United States persons.
(2) Content.--The report required by paragraph (1) shall include the following:
(A) A determination of whether any government entity has produced any estimate regarding--
(i) the total number of communications that--
(I) originated from or were directed to a location in the United States; and
(II) have been collected under the authority of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a); or
(ii) the total number of wholly domestic communications that have been collected under such authority.
(B) If any estimate described in subparagraph (A) was produced, such estimate.
(C) An assessment of whether any wholly domestic communications have been collected under the authority of section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a).
(D) A determination of whether any element of the intelligence community has ever attempted to search through communications collected under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) in a deliberate effort to find the communications of a specific United States person, without obtaining a warrant or emergency authorization to do so.
(E) A determination of whether the National Security Agency has collected any type of personally identifiable data pertaining to more than 1,000,000 United States persons.
(c) Form of Report.--
(1) Public availability of report.--The report required by subsection (b) shall be made available to the public not later than 15 days after the date such report is submitted to Congress.
(2) Redactions.--If the President believes that public disclosure of information in the report required by subsection (b) could cause significant harm to national security, the President may redact such information from the report made available to the public.
(3) Submission to congress.--If the President redacts information under paragraph (2), not later than 30 days after the date the report required by subsection (b) is made available to the public under paragraph (1), the President shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a statement explaining the specific harm to national security that the disclosure of such information could cause.
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SA 3440. Mr. REID (for Ms. Mikulski) proposed an amendment to the bill H.R. 1, making appropriations for disaster relief for the fiscal year ending September 30, 2013, and for other purposes; as follows:
Amend the title to read:
``An Act making appropriations for disaster relief for the fiscal year ending September 30, 2013, and for other purposes.''
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SA 3441. Mr. REID (for Mrs. Feinstein (for herself and Mr. Chambliss)) proposed an amendment to the bill S. 3454, 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; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Intelligence Authorization Act for Fiscal Year 2013''.
(b) Table of Contents.--The table of contents for 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.
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.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' 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)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2013 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:
(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.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts authorized to be appropriated under section 101 and, subject to section 103, the authorized personnel ceilings as of September 30, 2013, for the conduct of the intelligence activities of the elements listed in paragraphs (1) through
(16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany the bill S. 3454 of the One Hundred Twelfth Congress.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability to committees of congress.--The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of the classified Schedule of Authorizations, or of appropriate portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 415c);
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence may authorize the employment of civilian personnel in excess of the number of positions for fiscal year 2013 authorized by the classified Schedule of Authorizations referred to in section 102(a) if the Director of National Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed 3 percent of the number of civilian personnel authorized under such section for such element.
(b) Treatment of Certain Personnel.--The Director of National Intelligence shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such 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.
(c) Notice to Congressional Intelligence Committees.--The Director of National Intelligence shall notify the congressional intelligence committees in writing at least 15 days prior to the initial exercise of an authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--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 $540,721,000. Within such amount, 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 elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 835 positions as of September 30, 2013. Personnel serving in such elements may be permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government.
(c) Classified Authorizations.--
(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 addition 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).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2013 the sum of $514,000,000.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
SEC. 303. NON-REIMBURSABLE DETAILS.
Section 113A of the National Security Act of 1947 (50 U.S.C. 404h-1) is amended--
(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. AUTOMATED INSIDER THREAT DETECTION PROGRAM.
Section 402 of the Intelligence Authorization Act for Fiscal Year 2011 (Public Law 112-18; 50 U.S.C. 403-1 note) is amended--
(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. 305. SOFTWARE LICENSING.
(a) In General.--Not later than 120 days after the date of the enactment of this Act, each chief information officer for an element of the intelligence community, in consultation with the Chief Information Officer of the Intelligence Community, shall--
(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 Information Officer of the Intelligence Community shall--
(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 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. 306. STRATEGY FOR SECURITY CLEARANCE RECIPROCITY.
(a) Strategy.--The President shall develop a strategy and a schedule for carrying out the requirements of section 3001(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b(d)). Such strategy and schedule shall include--
(1) a process for accomplishing the reciprocity required under such section for a security clearance issued by a department or agency of the Federal Government, including reciprocity for security clearances that are issued to both persons who are and who are not employees of the Federal Government; and
(2) a description of the specific circumstances under which a department or agency of the Federal Government may not recognize a security clearance issued by another department or agency of the Federal Government.
(b) Congressional Notification.--Not later than 180 days after the date of the enactment of this Act, the President shall inform Congress of the strategy and schedule developed under subsection (a).
SEC. 307. IMPROPER PAYMENTS ELIMINATION AND RECOVERY ACT OF
2010 COMPLIANCE.
(a) Plan for Compliance.--
(1) In general.--The Director of National Intelligence, 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 the Improper Payments Elimination and Recovery Act of 2010 (Public 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 Committee on Armed Services of the Senate and the Committee on Armed Services of 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 each Agency required to develop such a plan, and in the case of the Director of National Intelligence, the Inspector General of the Intelligence Community, shall provide to the congressional 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 Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the assessment of the applicable plan provided to the congressional intelligence committees under paragraph (1).
SEC. 308. SUBCONTRACTOR NOTIFICATION PROCESS.
Not later than October 1, 2013, the Director of National Intelligence shall submit to the congressional intelligence committees a report assessing the method by which contractors at any tier under a contract entered into with an element of the intelligence community are granted security clearances and notified of classified contracting opportunities within the Federal Government and recommendations for the improvement of such method. Such report shall include--
(1) an assessment of the current method by which contractors at any tier under a contract entered into with an element of the intelligence community are notified of classified contracting opportunities;
(2) an assessment of any problems that may reduce the overall effectiveness of the ability of the intelligence community to identify appropriate contractors at any tier under such a contract;
(3) an assessment of the role the existing security clearance process has in enhancing or hindering the ability of the intelligence community to notify such contractors of contracting opportunities;
(4) an assessment of the role the current security clearance process has in enhancing or hindering the ability of contractors at any tier under a contract entered into with an element of the intelligence community to execute classified contracts;
(5) a description of the method used by the Director of National Intelligence for assessing the effectiveness of the notification process of the intelligence community to produce a talented pool of subcontractors;
(6) a description of appropriate goals, schedules, milestones, or metrics used to measure the effectiveness of such notification process; and
(7) recommendations for improving such notification process.
SEC. 309. MODIFICATION OF REPORTING SCHEDULE.
(a) Inspector General of the Intelligence Community.--Section 103H(k)(1)(A) of the National Security Act of 1947
(50 U.S.C. 403-3h(k)(1)(A)) is amended--
(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 for the Central Intelligence Agency.--
(1) In general.--Section 17(d)(1) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is amended--
(A) by striking ``January 31 and July 31'' and inserting
``October 31 and April 30'';
(B) by striking ``December 31 (of the preceding year) and June 30,'' and inserting ``September 30 and March 31,''; and
(C) by striking ``Not later than the dates each year provided for the transmittal of such reports in section 507 of the National Security Act of 1947,'' and inserting ``Not later than 30 days after the date of the receipt of such reports,''.
(2) Conforming amendments.--Section 507(b) of the National Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2), (3), and (4), as paragraphs (1), (2), and (3), respectively.
SEC. 310. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Repeal of Reporting Requirements.--
(1) Acquisition of technology relating to weapons of mass destruction and advanced conventional munitions.--Section 721 of the Intelligence Authorization Act for Fiscal Year 1997
(50 U.S.C. 2366) is repealed.
(2) 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--
(A) by striking subsections (a) and (d); and
(B) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(3) 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).
(4) Measures to protect the identities of covert agents.--Title VI of the National Security Act of 1947 (50 U.S.C. 421 et seq.) is amended--
(A) by striking section 603; and
(B) by redesignating sections 604, 605, and 606 as sections 603, 604, and 605, respectively.
(b) Technical and Conforming Amendments.--
(1) Report submission dates.--Section 507 of the National Security Act of 1947 (50 U.S.C. 415b) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking subparagraphs (A), (C), and (D);
(II) by redesignating subparagraphs (B), (E), (F), (G),
(H), and (I) as subparagraphs (A), (B), (C), (D), (E), and
(F), respectively; and
(III) in subparagraph (D), as so redesignated, by striking
``section 114(c).'' and inserting ``section 114(a).''; and
(ii) by amending paragraph (2) to read as follows:
``(2) The date for the submittal to the congressional intelligence committees of the annual report on the threat of attack on the United States from weapons of mass destruction required by section 114(b) shall be the date each year provided in subsection (c)(1)(B).'';
(B) in subsection (c)(1)(B), by striking ``each'' and inserting ``the''; and
(C) in subsection (d)(1)(B), by striking ``an'' and inserting ``the''.
(2) Table of contents of the national security act of 1947.--The table of contents in the first section of the National Security Act of 1947 is amended by striking the items relating to sections 603, 604, 605, and 606 and inserting the following new items:
``Sec. 603. Extraterritorial jurisdiction.
``Sec. 604. Providing information to Congress.
``Sec. 605. Definitions.''. TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
SEC. 401. WORKING CAPITAL FUND AMENDMENTS.
Section 21 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403u) is amended as follows:
(1) In subsection (b)--
(A) in paragraph (1)--
(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 include the authority to distribute gifts or promotional items.''; and
(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)''.
TITLE V--OTHER MATTERS
SEC. 501. HOMELAND SECURITY INTELLIGENCE PROGRAM.
There is established within the Department of Homeland Security a Homeland Security Intelligence Program. The Homeland Security Intelligence Program constitutes the intelligence activities of the Office of Intelligence and Analysis of the Department that serve predominantly departmental missions.
SEC. 502. 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 for Fiscal Year 2003 (Public Law 107-306; 50 U.S.C. 401 note) is amended by striking ``Not later than one year after the date on which all members of the Commission are appointed pursuant to section 701(a)(3) of the Intelligence Authorization Act for Fiscal Year 2010,'' and inserting ``Not later than March 31, 2013,''.
SEC. 503. PROTECTING THE INFORMATION TECHNOLOGY SUPPLY CHAIN
OF THE UNITED STATES.
(a) Report.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report that--
(1) identifies foreign suppliers of information technology
(including equipment, software, and services) that are linked directly or indirectly to a foreign government, including--
(A) by ties to the military forces of a foreign government;
(B) by ties to the intelligence services of a foreign government; or
(C) by being the beneficiaries of significant low interest or no interest loans, loan forgiveness, or other support by a foreign government; and
(2) assesses the vulnerability to malicious activity, including cyber crime or espionage, of the telecommunications networks of the United States due to the presence of technology produced by suppliers identified under paragraph
(1).
(b) Form.--The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c) Telecommunications Networks of the United States Defined.--In this section, the term ``telecommunications networks of the United States'' includes--
(1) telephone systems;
(2) Internet systems;
(3) fiber optic lines, including cable landings;
(4) computer networks; and
(5) smart grid technology under development by the Department of Energy.
SEC. 504. NOTIFICATION REGARDING THE AUTHORIZED PUBLIC
DISCLOSURE OF NATIONAL INTELLIGENCE.
(a) Notification.--In the event of an authorized disclosure of national intelligence or intelligence related to national security to the persons or entities described in subsection
(b), the government official responsible for authorizing the disclosure shall submit to the congressional intelligence committees on a timely basis a notification of the disclosure if--
(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 persons or entities described in this subsection are as follows:
(1) Media personnel.
(2) Any person or entity, if the disclosure described in subsection (a) is made with the intent or knowledge that such information will be made publicly available.
(c) Content.--Each notification required under subsection
(a) shall--
(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 this section does not apply to a disclosure made--
(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
(4) to any officer, employee, or contractor of the Federal government or member of an advisory committee 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)).
(e) Sunset.--The notification requirement of this section shall cease to be effective for any disclosure described in subsection (a) that occurs on or after the date that is one year after the date of the enactment of this Act.
SEC. 505. TECHNICAL AMENDMENTS RELATED TO THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Personnel Practices.--Section 2302(a)(2)(C) of title 5, United States Code, is amended by striking clause (ii) and inserting the following:
``(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''.
(b) Senior Executive Service.--Section 3132(a)(1)(B) of title 5, United States Code, is amended by inserting ``the Office of the Director of National Intelligence,'' after
``the Central Intelligence Agency,''.
SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE
AGENCY.
Section 606(5) of the National Security Act of 1947 (50 U.S.C. 426) is amended to read as follows:
``(5) The term `intelligence agency' means the elements of the intelligence community, as that term is defined in section 3(4).''.
SEC. 507. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.
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SA 3442. Mr. REID (for Mr. Burr) proposed an amendment to the bill H.R. 1464, to express the sense of Congress regarding North Korean children and children of one North Korean parent and to require the Department of State regularly to brief appropriate congressional committees on efforts to advocate for and develop a strategy to provide assistance in the best interest of these children; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Korean Child Welfare Act of 2012''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) hundreds of thousands of North Korean children suffer from malnutrition in North Korea, and North Korean children or children of one North Korean parent who are living outside of North Korea may face statelessness in neighboring countries; and
(2) the Secretary of State should advocate for the best interests of these children, including, when possible, facilitating immediate protection for those living outside North Korea through family reunification or, if appropriate and eligible in individual cases, domestic or international adoption.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(2) Hague country.--The term ``Hague country'' means a country where the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done at The Hague May 29, 1993, has entered into force and is fully implemented.
(3) Non-hague country.--The term ``non-Hague country'' means a country where the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done at The Hague May 29, 1993, has not entered into force. SEC. 4. BRIEFINGS ON THE WELFARE OF NORTH KOREAN CHILDREN.
(a) In General.--The Secretary of State shall designate a representative to regularly brief the appropriate congressional committees in an unclassified setting on United States Government efforts to advocate for the best interests of North Korean children and children of one North Korean parent, including efforts to address, when appropriate, the adoption of such children living outside North Korea without parental care.
(b) Contents.--The Secretary's designee shall be prepared to address in each briefing the following topics:
(1) The analysis of the Department of State of the challenges facing North Korean children residing outside North Korea and challenges facing children of one North Korean parent in other countries who are fleeing persecution or are living as de jure or de facto stateless persons.
(2) Department of State efforts to advocate for the best interest of North Korean children residing outside North Korea or children of one North Korean parent living in other countries who are fleeing persecution or are living as de jure or de facto stateless persons, including, when possible, efforts to address the immediate care and family reunification of these children, and, in individual cases where appropriate, the adoption of eligible North Korean children living outside North Korea and children of one North Korean parent living outside North Korea.
(3) Department of State efforts to develop a comprehensive strategy to address challenges that United States citizens would encounter in attempting to adopt, via intercountry adoption, North Korean-origin children residing in other countries or children of one North Korean parent residing outside North Korea who are fleeing persecution or are living as de jure or de facto stateless persons, including efforts to overcome the complexities involved in determining jurisdiction for best interest determinations and adoption processing, if appropriate, of those who habitually reside in a Hague country or a non-Hague country.
(4) Department of State diplomatic efforts to encourage countries in which North Korean children or children of one North Korean parent are fleeing persecution or reside as de jure or de facto stateless persons to resolve issues of statelessness of North Koreans residing in that country.
(5) Department of State efforts to work with the Government of the Republic of Korea to establish pilot programs that identify, provide for the immediate care of, and assist in the family reunification of North Korean children and children of one North Korean parent living within South Korea and other countries who are fleeing persecution or are living as de jure or de facto stateless persons.
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SA 3443. Mr. REID (for Mr. Burr) proposed an amendment to the bill H.R. 1464, to express the sense of Congress regarding North Korean children and children of one North Korean parent and to require the Department of State regularly to brief appropriate congressional committees on efforts to advocate for and develop a strategy to provide assistance in the best interest of these children; as follows:
Amend the title so as to read: ``To express the sense of Congress regarding North Korean children and children of one North Korean parent and to require the Department of State regularly to brief appropriate congressional committees on efforts to advocate for and develop a strategy to provide assistance in the best interest of these children.''.
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SA 3444. Mr. REID (for Mr. Leahy (for himself and Mr. Grassley)) proposed an amendment to the bill H.R. 6621, to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code; as folows.
Strike all after the enacting clause and insert the following:
SECTION 1. TECHNICAL CORRECTIONS.
(a) Advice of Counsel.--Notwithstanding section 35 of the Leahy-Smith America Invents Act (35 U.S.C. 1 note), section 298 of title 35, United States Code, shall apply to any civil action commenced on or after the date of the enactment of this Act.
(b) Transitional Program for Covered Business Method Patents.--Section 18 of the Leahy-Smith America Invents Act
(35 U.S.C. 321 note) is amended--
(1) in subsection (a)(1)(C)((i), by striking ``of such title'' the second place it appears; and
(2) in subsection (d)(2), by striking ``subsection'' and inserting ``section''.
(c) Joinder of Parties.--Section 299(a) of title 35, United States Code, is amended in the matter preceding paragraph (1) by striking ``or counterclaim defendants only if'' and inserting ``only if''.
(d) Dead Zones.--
(1) Inter partes review.--Section 311(c) of title 35, United States Code, shall not apply to a petition to institute an inter partes review of a patent that is not a patent described in section 3(n)(1) of the Leahy-Smith America Invents Act (35 U.S.C. 100 note).
(2) Reissue.--Section 311(c)(1) of title 35, United States Code, is amended by striking ``or issuance of a reissue of a patent''.
(e) Correct Inventor.--
(1) In general.--Section 135(e) of title 35, United States Code, as amended by section 3(i) of the Leahy-Smith America Invents Act, is amended by striking ``correct inventors'' and inserting ``correct inventor''.
(2) Effective date.--The amendment made by paragraph (1) shall be effective as if included in the amendment made by section 3(i) of the Leahy-Smith America Invents Act.
(f) Inventor's Oath or Declaration.--Section 115 of title 35, United States Code, as amended by section 4 of the Leahy-Smith America Invents Act, is amended--
(1) by striking subsection (f) and inserting the following:
``(f) Time for Filing.--The applicant for patent shall provide each required oath or declaration under subsection
(a), substitute statement under subsection (d), or recorded assignment meeting the requirements of subsection (e) no later than the date on which the issue fee for the patent is paid.''; and
(2) in subsection (g)(1), by striking ``who claims'' and inserting ``that claims''.
(g) Travel Expenses and Payment of Administrative Judges.--Notwithstanding section 35 of the Leahy-Smith America Invents Act (35 U.S.C. 1 note), the amendments made by section 21 of the Leahy-Smith America Invents Act (Public Law 112-29; 125 Stat. 335) shall be effective as of September 16, 2011.
(h) Patent Term Adjustments.--Section 154(b) of title 35, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)(i)(II), by striking ``on which an international application fulfilled the requirements of section 371 of this title'' and inserting ``of commencement of the national stage under section 371 in an international application''; and
(B) in subparagraph (B), in the matter preceding clause
(i), by striking ``the application in the United States'' and inserting ``the application under section 111(a) in the United States or, in the case of an international application, the date of commencement of the national stage under section 371 in the international application'';
(2) in paragraph (3)(B)(i), by striking ``with the written notice of allowance of the application under section 151'' and inserting ``no later than the date of issuance of the patent''; and
(3) in paragraph (4)(A)--
(A) by striking ``a determination made by the Director under paragraph (3) shall have remedy'' and inserting ``the Director's decision on the applicant's request for reconsideration under paragraph (3)(B)(ii) shall have exclusive remedy''; and
(B) by striking ``the grant of the patent'' and inserting
``the date of the Director's decision on the applicant's request for reconsideration''.
(i) Improper Applicant.--Section 373 of title 35, United States Code, and the item relating to that section in the table of sections for chapter 37 of such title, are repealed.
(j) Financial Management Clarifications.--Section 42(c)(3) of title 35, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``sections 41, 42, and 376,'' and inserting
``this title,''; and
(B) by striking ``a share of the administrative costs of the Office relating to patents'' and inserting ``a proportionate share of the administrative costs of the Office''; and
(2) in subparagraph (B), by striking ``a share of the administrative costs of the Office relating to trademarks'' and inserting ``a proportionate share of the administrative costs of the Office''.
(k) Derivation Proceedings.--
(1) In general.--Section 135(a) of title 35, United States Code, as amended by section 3(i) of the Leahy-Smith America Invents Act, is amended to read as follows:
``(a) Institution of Proceeding.--
``(1) In general.--An applicant for patent may file a petition with respect to an invention to institute a derivation proceeding in the Office. The petition shall set forth with particularity the basis for finding that an individual named in an earlier application as the inventor or a joint inventor derived such invention from an individual named in the petitioner's application as the inventor or a joint inventor and, without authorization, the earlier application claiming such invention was filed. Whenever the Director determines that a petition filed under this subsection demonstrates that the standards for instituting a derivation proceeding are met, the Director may institute a derivation proceeding.
``(2) Time for filing.--A petition under this section with respect to an invention that is the same or substantially the same invention as a claim contained in a patent issued on an earlier application, or contained in an earlier application when published or deemed published under section 122(b), may not be filed unless such petition is filed during the 1-year period following the date on which the patent containing such claim was granted or the earlier application containing such claim was published, whichever is earlier.
``(3) Earlier application.--For purposes of this section, an application shall not be deemed to be an earlier application with respect to an invention, relative to another application, unless a claim to the invention was or could have been made in such application having an effective filing date that is earlier than the effective filing date of any claim to the invention that was or could have been made in such other application.
``(4) No appeal.--A determination by the Director whether to institute a derivation proceeding under paragraph (1) shall be final and not appealable.''.
(2) Effective date.--The amendment made by paragraph (1) shall be effective as if included in the amendment made by section 3(i) of the Leahy-Smith America Invents Act.
(3) Review of interference decisions.--The provisions of sections 6 and 141 of title 35, United States Code, and section 1295(a)(4)(A) of title 28, United States Code, as in effect on September 15, 2012, shall apply to interference proceedings that are declared after September 15, 2012, under section 135 of title 35, United States Code, as in effect before the effective date under section 3(n) of the Leahy-Smith America Invents Act. The Patent Trial and Appeal Board may be deemed to be the Board of Patent Appeals and Interferences for purposes of such interference proceedings.
(l) Patent and Trademark Public Advisory Committees.--
(1) In general.--Section 5(a) of title 35, United States Code, is amended--
(A) in paragraph (1), by striking ``Members of'' and all that follows through ``such appointments.'' and inserting the following: ``In each year, 3 members shall be appointed to each Advisory Committee for 3-year terms that shall begin on December 1 of that year. Any vacancy on an Advisory Committee shall be filled within 90 days after it occurs. A new member who is appointed to fill a vacancy shall be appointed to serve for the remainder of the predecessor's term.'';
(B) by striking paragraph (2) and inserting the following:
``(2) Chair.--The Secretary of Commerce, in consultation with the Director, shall designate a Chair and Vice Chair of each Advisory Committee from among the members appointed under paragraph (1). If the Chair resigns before the completion of his or her term, or is otherwise unable to exercise the functions of the Chair, the Vice Chair shall exercise the functions of the Chair.''; and
(C) by striking paragraph (3).
(2) Transition.--
(A) In general.--The Secretary of Commerce shall, in the Secretary's discretion, determine the time and manner in which the amendments made by paragraph (1) shall take effect, except that, in each year following the year in which this Act is enacted, 3 members shall be appointed to each Advisory Committee (to which such amendments apply) for 3-year terms that begin on December 1 of that year, in accordance with section 5(a) of title 35, United States Code, as amended by paragraph (1) of this subsection.
(B) Deemed termination of terms.--In order to implement the amendments made by paragraph (1), the Secretary of Commerce may determine that the term of an existing member of an Advisory Committee under section 5 of title 35, United States Code, shall be deemed to terminate on December 1 of a year beginning after the date of the enactment of this Act, regardless of whether December 1 is before or after the date on which such member's term would terminate if this Act had not been enacted.
(m) Clerical Amendment.--Section 123(a) of title 35, United States Code, is amended in the matter preceding paragraph (1) by inserting ``of this title'' after ``For purposes''.
(n) Effective Date.--Except as otherwise provided in this Act, the amendments made by this Act shall take effect on the date of enactment of this Act, and shall apply to proceedings commenced on or after such date of enactment.
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