H.R. 5743House112th Congress (2011-2013)Passed House

Intelligence Authorization Act for Fiscal Year 2013

Introduced May 15, 2012

Legislative Activity

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31 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Select Committee on Intelligence.

June 5, 2012

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HouseIntro Referral

Introduced in House

May 15, 2012

HouseIntro Referral

Referred to the House Committee on Intelligence (Permanent Select).

May 15, 2012

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 17, 2012

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 0.

May 17, 2012

HouseCommittee

Reported (Amended) by the Committee on Intelligence. H. Rept. 112-490.

May 22, 2012

HouseCalendars

Placed on the Union Calendar, Calendar No. 343.

May 22, 2012

HouseFloor

Considered under the provisions of rule H. Res. 667. (consideration: CR H3290-3309)

May 31, 2012 • 2:18 PM

HouseFloor

Resolution provides for consideration of H.R. 5743; H.R. 5854; H.R. 5855; and H.R. 5325.

May 31, 2012 • 2:18 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 667 and Rule XVIII.

May 31, 2012 • 2:19 PM

HouseFloor

The Speaker designated the Honorable Kevin Yoder to act as Chairman of the Committee.

May 31, 2012 • 2:19 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 5743.

May 31, 2012 • 2:19 PM

HouseFloor

DEBATE - Pursuant to H.Res. 667, the Committee of the Whole proceeded with 10 minutes of debate on the Rogers (MI) amendment No. 1.

May 31, 2012 • 2:59 PM

HouseFloor

DEBATE - Pursuant to H. Res. 667, the Committee of the Whole proceeded with 10 minutes of debate on the Thompson (CA) amendment No. 2.

May 31, 2012 • 3:01 PM

HouseFloor

DEBATE - Pursuant to H. Res. 667, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment No. 3.

May 31, 2012 • 3:05 PM

HouseFloor

DEBATE - Pursuant to H. Res. 667, the Committee of the Whole proceeded with 10 minutes of debate on the Farr amendment No. 4.

May 31, 2012 • 3:16 PM

HouseFloor

DEBATE - Pursuant to H. Res. 667, the Committee of the Whole proceeded with 10 minutes of debate on the Cuellar amendment No. 5.

May 31, 2012 • 3:20 PM

HouseFloor

DEBATE - Pursuant to H. Res. 667, the Committee of the Whole proceeded with 10 minutes of debate on the Hahn amendment No. 6.

May 31, 2012 • 3:24 PM

HouseFloor

DEBATE - Pursuant to H. Res. 667, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 7.

May 31, 2012 • 3:28 PM

HouseFloor

DEBATE - Pursuant to H. Res. 667, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee (TX) amendment No. 8.

May 31, 2012 • 3:34 PM

HouseFloor

DEBATE - Pursuant to H. Res. 667, the Committee of the Whole proceeded with 10 minutes of debate on the Myrick amendment No. 9.

May 31, 2012 • 3:41 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5743.

May 31, 2012 • 3:46 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H3306)

May 31, 2012 • 3:47 PM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H3295-3297)

May 31, 2012 • 3:47 PM

HouseFloor

Mr. Critz moved to recommit with instructions to Intelligence (Permanent). (consideration: CR H3306-3308; text: CR H3306)

May 31, 2012 • 3:48 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Critz motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a new section which would protect and ensure that 1) the intelligence and military capability of the U.S. is not improperly transferred to or stolen by a foreign nation or a state sponsor of terrorism; 2) the intelligence and military capability of the United States and sensitive information pertaining to economic, financial, and consumer information is protected from cybersecurity attacks; and 3) contracts and work performed for such element of the intelligence community is first provided to the U.S. companies and workers and not outsourced to foreign-owned companies, unless the Director of National Intelligence determines that it is in the interests of national security.

May 31, 2012 • 3:48 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H3307)

May 31, 2012 • 3:58 PM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 180 - 235 (Roll no. 300).

May 31, 2012 • 4:21 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 386 - 28 (Roll no. 301).

May 31, 2012 • 4:29 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

May 31, 2012 • 4:29 PM

HouseFloor

On passage Passed by recorded vote: 386 - 28 (Roll no. 301).

May 31, 2012 • 4:29 PM

HouseFloor

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 5743.

May 31, 2012 • 4:29 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Select Committee on Intelligence.

June 5, 2012

Floor Debate

24 members

What members said about H.R. 5743 on the floor

7 Republicans17 Democrats
Mike Rogers
Rep. Mike RogersR-MI-8 · May 31, 2012

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill, H.R. 5743. Mr. Chairman, I yield…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 31, 2012

Mr. Chairman, I have an amendment at the desk. I thank the chairperson of the Intelligence Committee and the ranking member and speak in the spirit of bipartisanship, and I congratulate both…

Richard B. Nugent
Rep. Richard B. NugentR-FL-5 · May 31, 2012

Mr. Speaker, I ask unanimous consent that, upon adoption of House Resolution 667, amendments number 4 and 6 printed in House Report 112 504 be modified to include the amendatory instructions that I…

Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · May 31, 2012

Mr. Speaker, I thank my colleague from Florida, my friend, for yielding me the customary 30 minutes, and I yield myself such time as I may consume. Departing for the moment at hand, Mr. Speaker, just…

C. A. Dutch Ruppersberger
Rep. C. A. Dutch RuppersbergerD-MD-2 · May 31, 2012

Mr. Chairman, I yield myself such time as I may consume. I rise today in support of the Intelligence Authorization Act for Fiscal Year 2013. It is a bipartisan bill that gives our intelligence…

Show 8 more
Mike Thompson
Rep. Mike ThompsonD-CA-1 · May 31, 2012

Mr. Chairman, I thank the gentleman for yielding, and I also thank the chairman and the ranking member for making sure that we're able to work together to produce a document that will benefit the…

Mark S. Critz
Rep. Mark S. CritzD-PA-12 · May 31, 2012

Mr. Speaker, I have a motion to recommit. I am, in its present form. Mr. Speaker, intelligence gathering has always been a key component of keeping America strong and resilient through our history,…

Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-12 · Jun 7, 2012

Mr. Speaker, due to a personal family matter I was not present for rollcall votes 294 314. Had I been present, this is how I would have voted: On rollcall Vote 294: H.R. 5651, Food and Drug…

David Dreier
Rep. David DreierR-CA-26 · May 31, 2012

I want to thank my good friend for his able management of this important rule. I say to my friend from Fort Lauderdale, I'm really surprised to see Democratic opposition to this rule. Why? Well,…

Sam Farr
Rep. Sam FarrD-CA-17 · May 31, 2012

I have an amendment at the desk made in order by the rule. Mr. Chairman, I yield myself such time as I may consume. (Mr. FARR asked and was given permission to revise and extend his remarks.) I want…

James R. Langevin
Rep. James R. LangevinD-RI-2 · May 31, 2012

I thank the gentleman for yielding. I thank both Chairman Rogers and Ranking Member Ruppersberger for their outstanding work on this very important legislation and so many aspects contained in it.…

Henry Cuellar
Rep. Henry CuellarD-TX-28 · May 31, 2012

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise today and encourage my colleagues to support my amendment to the…

Doris O. Matsui
Rep. Doris O. MatsuiD-CA-5 · May 31, 2012

I thank the gentleman from Florida for yielding. Mr. Speaker, since I was elected to office in 2005, increasing the level of Sacramento's flood protection has been my highest priority. Sacramento is…

Show 11 more
John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · May 31, 2012

Mr. Chairman, I have an amendment at the desk. I yield myself such time as I may consume. Mr. Chairman and Members, I rise in support of this amendment with my colleagues Mr. Ellison of Minnesota and…

Laura Richardson
Rep. Laura RichardsonD-CA-37 · May 31, 2012

Mr. Chair, today I rise in support of H.R. 5743, the Intelligence Authorization Act for Fiscal Year 2013. This bipartisan bill, which was reported by the Permanent Select Committee on Intelligence by…

Ben Chandler
Rep. Ben ChandlerD-KY-6 · May 31, 2012

First, I want to start by saying just how wonderful it is to be a part of a committee that actually works well together, and I thank Chairman Rogers and Ranking Member Ruppersberger for that. In this…

Sue Wilkins Myrick
Rep. Sue Wilkins MyrickR-NC-9 · May 31, 2012

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, first, like other Members today, I want to express my gratitude and thanks to Chairman Rogers and Ranking Member Ruppersberger for all of…

Adam B. Schiff
Rep. Adam B. SchiffD-CA-29 · May 31, 2012

I thank the gentleman for yielding, and I want to rise to congratulate our chairman, Mr. Rogers, and our ranking member, Mr. Ruppersberger, for their extraordinary work in putting this bill together,…

Mike Pompeo
Rep. Mike PompeoR-KS-4 · May 31, 2012

Mr. Chairman, I want to first start by commending Chairman Rogers and Ranking Member Ruppersberger for their great work on crafting this bipartisan bill, a strong piece of legislation that addresses…

Janice Hahn
Rep. Janice HahnD-CA-36 · May 31, 2012

Mr. Chairman, I have an amendment at the desk. I also want to start out by thanking Chairman Rogers and Ranking Member Ruppersberger for bringing forward this bipartisan bill, and I am echoing I…

Devin Nunes
Rep. Devin NunesR-CA-21 · May 31, 2012

Mr. Chairman, today is another milestone in our work to conduct strong oversight of the intelligence community. In just under 2 years as chairman and ranking member, the gentleman from Michigan and…

Rosa L. DeLauro
Rep. Rosa L. DeLauroD-CT-3 · May 31, 2012

I rise in opposition to the previous question. Defeating the previous question will allow the gentleman from Florida to amend the rule to include consideration of the Paycheck Fairness Act, an act…

Joseph J. Heck
Rep. Joseph J. HeckR-NV-3 · May 31, 2012

Mr. Chairman, I rise today in support of H.R. 5743, the Fiscal Year 2013 Intelligence Authorization Act. This bill strikes the appropriate balance between the necessity for fiscal restraint and…

Rush Holt
Rep. Rush HoltD-NJ-12 · May 31, 2012

I thank my friend. Mr. Speaker, I rise in opposition to this rule which covers, in part, the Intelligence authorization debate. I want to address not what the bill contains, but what it does not. It…

Bill Text

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Referred in SenateIssued June 5, 2012

IIB

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.

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.
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)).

I

Intelligence activities

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.

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.

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).

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).

II

Central Intelligence Agency Retirement and Disability System

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.

III

General provisions

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.

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.

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.

.

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).

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.

.

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.

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.

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.

IV

Matters relating to elements of the intelligence community

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.

.

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.

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.

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

.

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.

V

Other Matters

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.

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.

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.

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.

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.

Karen L. Haas,

Clerk