[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5743 Referred in Senate (RFS)]
112th CONGRESS
2d Session
H. R. 5743
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 5, 2012
Received; read twice and referred to the Select Committee on
Intelligence
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2013 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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--INTELLIGENCE ACTIVITIES
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 PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Non-reimbursable details.
Sec. 304. Strategy for security clearance reciprocity.
Sec. 305. Repeal or modification of certain reporting requirements.
Sec. 306. Subcontractor notification process.
Sec. 307. Report on consequences of military strike against Iran.
Sec. 308. Sense of Congress on the consideration of foreign languages
and cultures in the development of cyber
tools by the intelligence community.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Sec. 401. Authorities of the Inspector General for the Central
Intelligence Agency.
Sec. 402. Intelligence community assistance to counter drug trafficking
organizations using public lands.
Sec. 403. Intelligence sharing with Mexico and Canada.
Sec. 404. Civil liberties protection officer review of cybersecurity
policies, programs, and activities.
Sec. 405. Sense of Congress on hiring of minority employees by the
Central Intelligence Agency.
TITLE V--OTHER MATTERS
Sec. 501. Extension of National Commission for the Review of the
Research and Development Programs of the
United States Intelligence Community.
Sec. 502. Sense of Congress on the need for the intelligence community
to protect civil liberties of religious and
ethnic minorities.
Sec. 503. Protecting the information technology supply chain of the
United States.
Sec. 504. Technical amendment to title 5, United States Code.
Sec. 505. Technical amendment to the National Security Act of 1947.
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--INTELLIGENCE ACTIVITIES
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
H.R. 5743 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.--In carrying out paragraph (2),
the President may disclose only that budget-related information
necessary to execute the classified Schedule of Authorizations
and shall not disclose the Schedule or any portion of the
Schedule publicly.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--With the approval of the Director of
the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2013 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 Schedule for such element.
(b) Authority for Conversion of Activities Performed by Contract
Personnel.--
(1) In general.--In addition to the authority in subsection
(a) and subject to paragraph (2), if the head of an element of
the intelligence community makes a determination that
activities currently being performed by contract personnel
should be performed by employees of such element, the Director
of National Intelligence, in order to reduce a comparable
number of contract personnel, may authorize for that purpose
employment of additional full-time equivalent personnel in such
element equal to the number of full-time equivalent contract
personnel performing such activities.
(2) Concurrence and approval.--The authority described in
paragraph (1) may not be exercised unless the Director of
National Intelligence concurs with the determination described
in such paragraph.
(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 each 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
$530,652,000. 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 831 full-time or full-time equivalent
personnel 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 PROVISIONS
SEC. 301. 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. 302. 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. 303. NON-REIMBURSABLE DETAILS.
Section 113A of the National Security Act of 1947 (50 U.S.C. 404h-
1) is amended--
(1) by striking ``An officer or employee of the United
States or member of the Armed Forces'' and inserting ``(a)
Civilian Employees.--An officer or employee of the United
States'';
(2) by striking the second sentence; and
(3) by adding at the end the following new subsections:
``(b) Members of the Armed Forces.--A member of the Armed Forces
may be detailed to the staff of an element of the intelligence
community funded through the National Intelligence Program on a non-
reimbursable basis, as jointly agreed to by the head of the receiving
and detailing elements, for a period not to exceed three years.
``(c) No Limitation on Other Authority.--This section does not
limit any other source of authority for or non-reimbursable details.
``(d) No Effect on Appropriations.--A non-reimbursable detail made
under this section shall not be considered an augmentation of the
appropriations of the element of the intelligence community receiving
such detail.''.
SEC. 304. STRATEGY FOR SECURITY CLEARANCE RECIPROCITY.
(a) Strategy.--The President shall develop a strategy and a
timeline 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 timeline 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 timeline developed under subsection (a).
SEC. 305. REPEAL OR MODIFICATION 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) Threat of attack on the united states using weapons of
mass destruction and 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--
(A) in the heading, by striking ``additional annual
reports from the director of national intelligence''
and inserting ``annual report on hiring and retention
of minority employees'';
(B) by striking subsections (a), (c), and (d);
(C) by striking ``(b) Annual Report on Hiring and
Retention of Minority Employees.--'';
(D) by redesignating paragraphs (1) through (5) as
subsections (a) through (e), respectively;
(E) in subsection (b) (as so redesignated)--
(i) by redesignating subparagraphs (A),
(B), and (C), as paragraphs (1), (2), and (3),
respectively; and
(ii) in paragraph (2) (as so redesignated),
by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(F) in subsection (e) (as redesignated by
subparagraph (D)), by redesignating subparagraphs (A),
(B), and (C), as paragraphs (1), (2), and (3),
respectively.
(3) 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) Modification of Reporting Requirements.--
(1) Intelligence advisory committees.--Section 410(b) of
the Intelligence Authorization Act for Fiscal Year 2010 (Public
Law 111-259; 124 Stat. 2725) is amended to read as follows:
``(b) Notification of Establishment of Advisory Committee.--The
Director of National Intelligence and the Director of the Central
Intelligence Agency shall each notify the congressional intelligence
committees each time each such Director creates an advisory committee.
Each notification shall include--
``(1) a description of such advisory committee, including
the subject matter of such committee;
``(2) a list of members of such advisory committee; and
``(3) in the case of an advisory committee created by the
Director of National Intelligence, the reasons for a
determination by the Director under section 4(b)(3) of the
Federal Advisory Committee Act (5 U.S.C. App.) that an advisory
committee cannot comply with the requirements of such Act.''.
(2) Customer feedback on department of homeland security
intelligence reporting.--Section 210A(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 124h) is amended--
(A) by inserting ``and the Select Committee on
Intelligence'' after ``Committee on Homeland Security
and Governmental Affairs''; and
(B) by inserting ``and the Permanent Select
Committee on Intelligence'' after ``and the Committee
on Homeland Security''.
(3) Intelligence information sharing.--Section 102A(g)(4)
of the National Security Act of 1947 (50 U.S.C. 403-1(g)(4)) is
amended to read as follows:
``(4) The Director of National Intelligence shall, in a timely
manner, report to Congress any statute, regulation, policy, or practice
that the Director believes impedes the ability of the Director to fully
and effectively ensure maximum availability of access to intelligence
information within the intelligence community consistent with the
protection of the national security of the United States.''.
(c) 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) by striking ``(1) The date'' and
inserting ``The date'';
(ii) in the matter preceding subparagraph
(A), by striking ``subsection (c)(1)(A)'' and
inserting ``subsection (c)(1)'';
(iii) by striking paragraph (2);
(iv) by striking subparagraphs (A) and (C);
(v) in subparagraph (G), by striking
``114(c)'' and inserting ``114''; and
(vi) by redesignating subparagraphs (B),
(D), (E), (F), (G), (H), and (I), as paragraphs
(1), (2), (3), (4), (5), (6), and (7),
respectively; and
(B) in subsection (c)(1)--
(i) by striking ``(A) Except as provided''
and inserting ``Except as provided''; and
(ii) by striking subparagraph (B).
(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--
(A) by striking the item relating to section 114
and inserting the following new item:
``Sec. 114. Annual report on hiring and retention of minority
employees.'';
and
(B) 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.''.
SEC. 306. 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 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. 307. REPORT ON CONSEQUENCES OF MILITARY STRIKE AGAINST IRAN.
Not later than 60 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the congressional
intelligence committees a report containing an assessment of the
consequences of a military strike against Iran.
SEC. 308. SENSE OF CONGRESS ON THE CONSIDERATION OF FOREIGN LANGUAGES
AND CULTURES IN THE DEVELOPMENT OF CYBER TOOLS BY THE
INTELLIGENCE COMMUNITY.
It is the sense of Congress that the head of each element of the
intelligence community should take into consideration foreign languages
and cultures during the development by such element of the intelligence
community of training, tools, and methodologies to protect the networks
of the United States against cyber attacks and intrusions from foreign
entities.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
SEC. 401. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL
INTELLIGENCE AGENCY.
Section 17(e)(7) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(e)(7)) is amended--
(1) by striking ``Subject to applicable law'' and inserting
``(A) Subject to applicable law''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) The Inspector General may designate an officer or employee
appointed in accordance with subparagraph (A) as a law enforcement
officer solely for purposes of subchapter III of chapter 83 or chapter
84 of title 5, United States Code, if such officer or employee is
appointed to a position in which the duty is to investigate suspected
offenses against the criminal laws of the United States.
``(ii) In carrying out clause (i), the Inspector General shall
ensure that any authority under such clause is exercised in a manner
consistent with the provisions of section 3307 of title 5, United
States Code, as they relate to law enforcement officers.
``(iii) For purposes of applying sections 3307(d), 8335(b), and
8425(b) of title 5, United States Code, the Inspector General may
exercise the functions, powers, and duties of an agency head or
appointing authority with respect to the Office.''.
SEC. 402. INTELLIGENCE COMMUNITY ASSISTANCE TO COUNTER DRUG TRAFFICKING
ORGANIZATIONS USING PUBLIC LANDS.
Section 401(b) of the Intelligence Authorization Act for Fiscal
Year 2012 (Public Law 112-87; 125 Stat. 1887) is amended in the matter
preceding paragraph (1)--
(1) by inserting ``and annually thereafter,'' after ``Not
later than 180 days after the date of the enactment of this
Act,'';
(2) by striking ``submit to'' and inserting ``inform'';
(3) by striking ``a report on the results'' and inserting
``of the results''; and
(4) by striking ``Such report'' and inserting ``Information
provided under this subsection''.
SEC. 403. INTELLIGENCE SHARING WITH MEXICO AND CANADA.
(a) Authorization.--The Director of National Intelligence may--
(1) if the Director determines that the sharing of
intelligence information with Mexico and Canada for purposes of
reducing drug trafficking would not threaten national security,
allow the sharing of such intelligence information with Mexico
and Canada; and
(2) make use of intelligence information from Mexico and
Canada for such purposes.
(b) Type of Information.--Information shared or used under
subsection (a) may include the movements of drug cartels and other
criminal behavior.
SEC. 404. CIVIL LIBERTIES PROTECTION OFFICER REVIEW OF CYBERSECURITY
POLICIES, PROGRAMS, AND ACTIVITIES.
Section 103D(b) of the National Security Act of 1947 (50 U.S.C.
403-3d(b)) is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) ensure that any coordination and training between an
element of the intelligence community and a law enforcement
agency does not violate the Constitutional rights of racial or
ethnic minorities; and''.
SEC. 405. SENSE OF CONGRESS ON HIRING OF MINORITY EMPLOYEES BY THE
CENTRAL INTELLIGENCE AGENCY.
It is the sense of Congress that the Director of the Central
Intelligence Agency should take such actions as the Director considers
necessary to increase the recruitment and training of ethnic minorities
as officers and employees of the Central Intelligence Agency.
TITLE V--OTHER MATTERS
SEC. 501. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE
RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES
INTELLIGENCE COMMUNITY.
Section 1007 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. 502. SENSE OF CONGRESS ON THE NEED FOR THE INTELLIGENCE COMMUNITY
TO PROTECT CIVIL LIBERTIES OF RELIGIOUS AND ETHNIC
MINORITIES.
It is the sense of Congress that the intelligence community should
take all appropriate actions necessary to protect the civil liberties
of religious and ethnic minorities.
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;
(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. TECHNICAL AMENDMENT TO TITLE 5, UNITED STATES CODE.
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. 505. TECHNICAL AMENDMENT TO THE NATIONAL SECURITY ACT OF 1947.
Section 605 of the National Security Act of 1947 (50 U.S.C. 426)
(as redesignated by section 305 of this Act) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``intelligence
agency'' each place it appears and inserting ``element
of the intelligence community'';
(B) in subparagraph (B)(i), by striking
``intelligence agency'' and inserting ``element of the
intelligence community''; and
(C) in subparagraph (C), by striking ``intelligence
agency'' and inserting ``element of the intelligence
community'';
(2) by striking paragraph (5);
(3) by redesignating paragraphs (6) through (10) as
paragraphs (5) through (9), respectively; and
(4) in paragraph (5) (as so redesignated), by striking
``intelligence agency'' and inserting ``element of the
intelligence community''.
Passed the House of Representatives May 31, 2012.
Attest:
KAREN L. HAAS,
Clerk.