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.
Short title; table of contents
Short title
This Act may be cited
as the Intelligence Authorization Act
for Fiscal Year 2013
.
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.Definitions
In this Act:
Congressional intelligence committees
The term
congressional intelligence committees
means—
the Select Committee on Intelligence of the Senate; and
the Permanent Select Committee on Intelligence of the House of Representatives.
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)).
Intelligence activities
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:
The Office of the Director of National Intelligence.
The Central Intelligence Agency.
The Department of Defense.
The Defense Intelligence Agency.
The National Security Agency.
The Department of the Army, the Department of the Navy, and the Department of the Air Force.
The Coast Guard.
The Department of State.
The Department of the Treasury.
The Department of Energy.
The Department of Justice.
The Federal Bureau of Investigation.
The Drug Enforcement Administration.
The National Reconnaissance Office.
The National Geospatial-Intelligence Agency.
The Department of Homeland Security.
Classified Schedule of Authorizations
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.
Availability of classified Schedule of Authorizations
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.
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.
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.
Personnel ceiling adjustments
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.
Authority for conversion of activities performed by contract personnel
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.
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.
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).
Intelligence Community Management Account
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.
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.
Classified authorizations
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.
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).
Central Intelligence Agency Retirement and Disability System
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.
General provisions
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.
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.
Non-reimbursable details
Section 113A of the National Security Act of 1947 (50 U.S.C. 404h–1) is amended—
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
;
by striking the second sentence; and
by adding at the end the following new subsections:
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.
No limitation on other authority
This section does not limit any other source of authority for or non-reimbursable details.
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.
.
Strategy for security clearance reciprocity
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—
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
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.
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).
Repeal or modification of certain reporting requirements
Repeal of reporting requirements
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.
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—
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
;
by striking subsections (a), (c), and (d);
by striking
(b)
Annual report on hiring and retention of minority
employees.—
;
by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively;
in subsection (b) (as so redesignated)—
by redesignating subparagraphs (A), (B), and (C), as paragraphs (1), (2), and (3), respectively; and
in paragraph (2) (as so redesignated), by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and
in subsection (e) (as redesignated by subparagraph (D)), by redesignating subparagraphs (A), (B), and (C), as paragraphs (1), (2), and (3), respectively.
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—
by striking section 603; and
by redesignating sections 604, 605, and 606 as sections 603, 604, and 605, respectively.
Modification of reporting requirements
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:
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—
a description of such advisory committee, including the subject matter of such committee;
a list of members of such advisory committee; and
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.
.
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—
by inserting
and the Select Committee on Intelligence
after Committee
on Homeland Security and Governmental Affairs
; and
by inserting
and the Permanent Select Committee on Intelligence
after
and the Committee on Homeland Security
.
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:
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.
.
Conforming amendments
Report submission dates
Section 507 of the National Security Act of 1947 (50 U.S.C. 415b) is amended—
in subsection (a)—
by
striking (1) The date
and inserting The
date
;
in
the matter preceding subparagraph (A), by striking subsection
(c)(1)(A)
and inserting subsection (c)(1)
;
by striking paragraph (2);
by striking subparagraphs (A) and (C);
in
subparagraph (G), by striking 114(c)
and inserting
114
; and
by redesignating subparagraphs (B), (D), (E), (F), (G), (H), and (I), as paragraphs (1), (2), (3), (4), (5), (6), and (7), respectively; and
in subsection (c)(1)—
by
striking (A) Except as provided
and inserting Except as
provided
; and
by striking subparagraph (B).
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 item relating to section 114 and inserting the following new item:
Sec. 114. Annual report on hiring and retention of minority employees.
;
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.
.
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—
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;
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;
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;
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;
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;
a description of appropriate goals, schedules, milestones, or metrics used to measure the effectiveness of such notification process; and
recommendations for improving such notification process.
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.
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.
Matters relating to elements of the intelligence community
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—
by striking
Subject to applicable law
and inserting (A)
Subject to applicable law
; and
by adding at the end the following new subparagraph:
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.
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.
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.
.
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)—
by inserting
and annually thereafter,
after Not later than 180 days
after the date of the enactment of this Act,
;
by striking
submit to
and inserting inform
;
by striking
a report on the results
and inserting of the
results
; and
by striking
Such report
and inserting Information provided under this
subsection
.
Intelligence sharing with Mexico and Canada
Authorization
The Director of National Intelligence may—
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
make use of intelligence information from Mexico and Canada for such purposes.
Type of information
Information shared or used under subsection (a) may include the movements of drug cartels and other criminal behavior.
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—
in paragraph (6),
by striking and
at the end;
by redesignating paragraph (7) as paragraph (8); and
by inserting after paragraph (6) the following new paragraph:
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
.
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.
Other Matters
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
.
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.
Protecting the information technology supply chain of the United States
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—
identifies foreign suppliers of information technology (including equipment, software, and services) that are linked directly or indirectly to a foreign government, including—
by ties to the military forces of a foreign government;
by ties to the intelligence services of a foreign government; or
by being the beneficiaries of significant low interest or no interest loans, loan forgiveness, or other support by a foreign government;
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).
Form
The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Telecommunications networks of the United States defined
In this section, the term
telecommunications networks of the United States
includes—
telephone systems;
Internet systems;
fiber optic lines, including cable landings;
computer networks; and
smart grid technology under development by the Department of Energy.
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
.
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—
in paragraph (4)—
in subparagraph
(A), by striking intelligence agency
each place it appears and
inserting element of the intelligence community
;
in subparagraph
(B)(i), by striking intelligence agency
and inserting
element of the intelligence community
; and
in subparagraph (C), by striking
intelligence agency
and inserting element of the
intelligence community
;
by striking paragraph (5);
by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively; and
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