[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5743 Reported in House (RH)]

                                                 Union Calendar No. 343
112th CONGRESS
  2d Session
                                H. R. 5743

                          [Report No. 112-490]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2012

    Mr. Rogers of Michigan introduced the following bill; which was 
  referred to the Select Committee on Intelligence (Permanent Select)

                              May 22, 2012

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on May 15, 
                                 2012]


_______________________________________________________________________

                                 A BILL


 
 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.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Sec. 401. Clarification on authority of CIA to transfer funds to CIA 
                            activities authorized by law.
Sec. 402. Authorities of the Inspector General for the Central 
                            Intelligence Agency.
Sec. 403. Working capital fund.
Sec. 404. Intelligence community assistance to counter drug trafficking 
                            organizations using public lands.

                         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. Technical amendment to title 5, United States Code.
Sec. 503. 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.''.

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

SEC. 401. CLARIFICATION ON AUTHORITY OF CIA TO TRANSFER FUNDS TO CIA 
              ACTIVITIES AUTHORIZED BY LAW.

    Section 5(a)(1) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403f(a)(1)) is amended by striking ``any of the functions or 
activities authorized under section 104A of the National Security Act 
of 1947 (50 U.S.C. 403-4a).'' and inserting ``any functions or 
activities of the Agency authorized by law''.

SEC. 402. 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. 403. WORKING CAPITAL FUND.

    Section 21 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403u) is amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (B), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (C), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(D) authorize such providers to advertise through Federal 
        Government-owned websites the services of such providers to the 
        entities to which such providers are providing items under the 
        program, provided that the Director shall not authorize such 
        providers to distribute gifts or promotional items.''; and
            (2) in subsection (c)--
                    (A) in paragraph (2)(E), by striking ``equipment or 
                property'' and inserting ``equipment, recyclable 
                materials, or property''; and
                    (B) in paragraph (3)(B), by striking ``subsection 
                (f)(2)'' and inserting ``subsections (b)(1)(D) and 
                (f)(2)''.

SEC. 404. 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''.

                         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. 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. 503. 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''.
                                                 Union Calendar No. 343

112th CONGRESS

  2d Session

                               H. R. 5743

                          [Report No. 112-490]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                              May 22, 2012

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed