[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3381 Reported in House (RH)]

                                                 Union Calendar No. 198
113th CONGRESS
  1st Session
                                H. R. 3381

                          [Report No. 113-277]

 To authorize appropriations for fiscal year 2014 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

                            October 30, 2013

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

                           November 25, 2013

  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 October 
                               30, 2013]


_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for fiscal year 2014 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 2014''.
    (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. Continuous evaluation and sharing of derogatory information 
                            regarding personnel with access to 
                            classified information.
Sec. 304. Requirements for intelligence community contractors.
Sec. 305. Repeal or modification of certain reporting requirements.
Sec. 306. Clarification of exemption from Freedom of Information Act of 
                            identities of employees submitting 
                            complaints to the Inspector General of the 
                            Intelligence Community.
Sec. 307. Plans to respond to unauthorized public disclosures of covert 
                            actions.
Sec. 308. Official representation items in support of the Coast Guard 
                            Attache Program.
Sec. 309. Declassification review of certain items collected during the 
                            mission that killed Osama bin Laden on May 
                            1, 2011.
Sec. 310. Report on electronic waste.
Sec. 311. Plan to encourage and promote cybersecurity and computer 
                            literacy among students.

                     TITLE IV--TECHNICAL AMENDMENTS

Sec. 401. Technical amendments to the Central Intelligence Agency Act 
                            of 1949.
Sec. 402. Technical amendments to the National Security Act of 1947 
                            relating to the past elimination of certain 
                            positions.
Sec. 403. Technical amendments to the Intelligence Authorization Act 
                            for Fiscal Year 2013.

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. 3003(4)).

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2014 
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, 2014, 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. 3381 of the One Hundred Thirteenth Congress.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability to committees of congress.--The classified 
        Schedule of Authorizations referred to in subsection (a) shall 
        be made available to the Committee on Appropriations of the 
        Senate, the Committee on Appropriations of the House of 
        Representatives, and to the President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the 
                budget; or
                    (C) as otherwise required by law.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Increases.--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 2014 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) 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 2014 the sum of 
$600,874,157. 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, 
2015.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 837 full-time or full-time equivalent 
personnel as of September 30, 2014. 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 2014 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, 2015.
            (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, 
        2014, 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 2014 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. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY INFORMATION 
              REGARDING PERSONNEL WITH ACCESS TO CLASSIFIED 
              INFORMATION.

    Section 102A(j) of the National Security Act of 1947 (50 U.S.C. 
3024(j)) is amended--
            (1) in the heading, by striking ``Sensitive Compartmented 
        Information'' and inserting ``Classified Information'';
            (2) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (3) in paragraph (4), by striking the period and inserting 
        a semicolon; and
            (4) by adding at the end the following new paragraphs:
            ``(5) ensure that the background of each employee or 
        officer of an element of the intelligence community, each 
        contractor to an element of the intelligence community, and 
        each individual employee of such a contractor who has been 
        determined to be eligible for access to classified information 
        is monitored on a continual basis under standards developed by 
        the Director, including with respect to the frequency of 
        evaluation, during the period of eligibility of such employee 
        or officer of an element of the intelligence community, such 
        contractor, or such individual employee to such a contractor to 
        determine whether such employee or officer of an element of the 
        intelligence community, such contractor, and such individual 
        employee of such a contractor continues to meet the 
        requirements for eligibility for access to classified 
        information; and
            ``(6) develop procedures to require information sharing 
        between elements of the intelligence community concerning 
        potentially derogatory security information regarding an 
        employee or officer of an element of the intelligence 
        community, a contractor to an element of the intelligence 
        community, or an individual employee of such a contractor that 
        may impact the eligibility of such employee or officer of an 
        element of the intelligence community, such contractor, or such 
        individual employee of such a contractor for a security 
        clearance.''.

SEC. 304. REQUIREMENTS FOR INTELLIGENCE COMMUNITY CONTRACTORS.

    (a) Requirements.--Section 102A of the National Security Act of 
1947 (50 U.S.C. 3024) is amended by adding at the end the following new 
subsection:
    ``(x) Requirements for Intelligence Community Contractors.--The 
Director of National Intelligence, in consultation with the head of 
each department of the Federal Government that contains an element of 
the intelligence community and the Director of the Central Intelligence 
Agency, shall--
            ``(1) ensure that--
                    ``(A) any contractor to an element of the 
                intelligence community with access to a classified 
                network or classified information develops and operates 
                a security plan that is consistent with standards 
                established by the Director of National Intelligence 
                for intelligence community networks; and
                    ``(B) each contract awarded by an element of the 
                intelligence community includes provisions requiring 
                the contractor comply with such plan and such 
                standards;
            ``(2) conduct periodic assessments of each security plan 
        required under paragraph (1)(A) to ensure such security plan 
        complies with the requirements of such paragraph; and
            ``(3) ensure that the insider threat detection capabilities 
        and insider threat policies of the intelligence community apply 
        to facilities of contractors with access to a classified 
        network.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to contracts entered into or renewed after the date 
of the enactment of this Act.

SEC. 305. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.

    (a) Repeal of Report on the Threat of Attack on the United States 
Using Weapons of Mass Destruction.--Section 114 of the National 
Security Act of 1947 (50 U.S.C. 3050) is amended by striking subsection 
(b).
    (b) Modification of Reporting Requirements.--
            (1) Intelligence advisory committees.--Section 410(b) of 
        the Intelligence Authorization Act for Fiscal Year 2010 (50 
        U.S.C. 3309) 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) Intelligence information sharing.--Section 102A(g)(4) 
        of the National Security Act of 1947 (50 U.S.C. 3024(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.--The National Security Act of 1947 (50 
U.S.C. 3001 et seq.) is amended--
            (1) in the table of contents in the first section, 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.'';
            (2) in section 114 (50 U.S.C. 3050)--
                    (A) by amending the heading to read as follows: 
                ``annual report on hiring and retention of minority 
                employees'';
                    (B) by striking ``(a) Annual Report on Hiring and 
                Retention of Minority Employees.--'';
                    (C) by redesignating paragraphs (1) through (5) as 
                subsections (a) through (e), respectively;
                    (D) in subsection (b) (as so redesignated)--
                            (i) by redesignating subparagraphs (A) 
                        through (C) as paragraphs (1) through (3), 
                        respectively; and
                            (ii) in paragraph (2) (as so 
                        redesignated)--
                                    (I) by redesignating clauses (i) 
                                and (ii) as subparagraphs (A) and (B), 
                                respectively; and
                                    (II) in the matter preceding 
                                subparagraph (A) (as so redesignated), 
                                by striking ``clauses (i) and (ii)'' 
                                and inserting ``subparagraphs (A) and 
                                (B)''; and
                    (E) in subsection (e) (as redesignated by 
                subparagraph (C) of this paragraph), by redesignating 
                subparagraphs (A) through (C) as paragraphs (1) through 
                (3), respectively; and
            (3) in section 507 (50 U.S.C. 3106)--
                    (A) in subsection (a)--
                            (i) by striking ``(1) The date'' and 
                        inserting ``The date'';
                            (ii) by striking ``subsection (c)(1)(A)'' 
                        and inserting ``subsection (c)(1)'';
                            (iii) by striking paragraph (2); and
                            (iv) by redesignating subparagraphs (A) 
                        through (F) as paragraphs (1) through (6), 
                        respectively;
                    (B) in subsection (c)(1)--
                            (i) by striking ``(A) Except'' and 
                        inserting ``Except''; and
                            (ii) by striking subparagraph (B); and
                    (C) in subsection (d)(1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``subsection 
                                (a)(1)'' and inserting ``subsection 
                                (a)''; and
                                    (II) by inserting ``and'' after 
                                ``March 1;'';
                            (ii) by striking subparagraph (B); and
                            (iii) by redesignating subparagraph (C) as 
                        subparagraph (B).

SEC. 306. CLARIFICATION OF EXEMPTION FROM FREEDOM OF INFORMATION ACT OF 
              IDENTITIES OF EMPLOYEES SUBMITTING COMPLAINTS TO THE 
              INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY.

    Section 103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 
3033(g)(3)) is amended--
            (1) in subparagraph (A), by striking ``; and'' and 
        inserting a semicolon;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A), the following new 
        subparagraph:
            ``(B) the identity of the employee shall be exempt from 
        disclosure under section 552 of title 5, United States Code 
        (commonly referred to as the `Freedom of Information Act'), in 
        accordance with subsection (b)(3) of such section; and''.

SEC. 307. PLANS TO RESPOND TO UNAUTHORIZED PUBLIC DISCLOSURES OF COVERT 
              ACTIONS.

    Section 503 of the National Security Act of 1947 (50 U.S.C. 3093) 
is amended by adding at the end the following new subsection:
    ``(h) For each type of activity undertaken as part of a covert 
action, the President shall establish in writing a plan to respond to 
the unauthorized public disclosure of that type of activity.''.

SEC. 308. OFFICIAL REPRESENTATION ITEMS IN SUPPORT OF THE COAST GUARD 
              ATTACHE PROGRAM.

    Notwithstanding any other limitation on the amount of funds that 
may be used for official representation items, the Secretary of 
Homeland Security may use funds made available to the Secretary through 
the National Intelligence Program for necessary expenses for the 
operation and maintenance of the Coast Guard for official 
representation items in support of the Coast Guard Attache Program.

SEC. 309. DECLASSIFICATION REVIEW OF CERTAIN ITEMS COLLECTED DURING THE 
              MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1, 2011.

    Not later than 120 days after the date of the enactment of this 
Act, the Director of National Intelligence shall--
            (1) in the manner described in the classified annex to this 
        Act, complete a declassification review of documents collected 
        in Abbottabad, Pakistan, during the mission that killed Osama 
        bin Laden on May 1, 2011;
            (2) make publicly available any information declassified as 
        a result of the declassification review required under 
        paragraph (1); and
            (3) report to the congressional intelligence committees--
                    (A) the results of the declassification review 
                required under paragraph (1); and
                    (B) a justification for not declassifying any 
                information required to be included in such 
                declassification review that remains classified.

SEC. 310. REPORT ON ELECTRONIC WASTE.

    (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 on the extent to which 
the intelligence community has implemented the recommendations of the 
Inspector General of the Intelligence Community contained in the report 
entitled ``Study of Intelligence Community Electronic Waste Disposal 
Practices'' issued in May 2013. Such report shall include an assessment 
of the extent to which the policies, standards, and guidelines of the 
intelligence community governing the proper disposal of electronic 
waste are applicable to covered commercial electronic waste that may 
contain classified information.
    (b) Definitions.--In this section:
            (1) Covered commercial electronic waste.--The term 
        ``covered commercial electronic waste'' means electronic waste 
        of a commercial entity that contracts with an element of the 
        intelligence community.
            (2) Electronic waste.--The term ``electronic waste'' 
        includes any obsolete, broken, or irreparable electronic 
        device, including a television, copier, facsimile machine, 
        tablet, telephone, computer, computer monitor, laptop, printer, 
        scanner, and associated electrical wiring.

SEC. 311. PLAN TO ENCOURAGE AND PROMOTE CYBERSECURITY AND COMPUTER 
              LITERACY AMONG STUDENTS.

    (a) Plan.--Not later than 180 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a plan to establish a national 
program to conduct competitions and challenges and to offer internships 
at elements of the intelligence community to promote cybersecurity and 
computer literacy among students attending high schools or institutions 
of higher education in the United States. Such plan shall include cost 
estimates for carrying out the plan and strategies for conducting 
expedited security clearance investigations and adjudications for 
purposes of offering such internships.
    (b) Consideration of Existing Programs.--In developing the plan 
under subsection (a), the Director shall take into consideration and 
leverage existing programs of the intelligence community, including the 
education programs of the National Security Agency and the Information 
Assurance Scholarship Program of the Department of Defense, as 
appropriate.
    (c) Definitions.--In this section:
            (1) High school.--The term ``high school'' mean a school 
        that awards a secondary school diploma.
            (2) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (3) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).

                     TITLE IV--TECHNICAL AMENDMENTS

SEC. 401. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY ACT 
              OF 1949.

    Section 21 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3521) is amended--
            (1) in subsection (b)(1)(D), by striking ``section (a)'' 
        and inserting ``subsection (a)''; and
            (2) in subsection (c)(2)(E), by striking ``provider.'' and 
        inserting ``provider''.

SEC. 402. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947 
              RELATING TO THE PAST ELIMINATION OF CERTAIN POSITIONS.

    Section 101(a) of the National Security Act of 1947 (50 U.S.C. 
3021(a)) is amended--
            (1) in paragraph (5), by striking the semicolon and 
        inserting ``; and'';
            (2) by striking paragraphs (6) and (7);
            (3) by redesignating paragraph (8) as paragraph (6); and
            (4) in paragraph (6) (as so redesignated), by striking 
        ``the Chairman of the Munitions Board, and the Chairman of the 
        Research and Development Board,''.

SEC. 403. TECHNICAL AMENDMENTS TO THE INTELLIGENCE AUTHORIZATION ACT 
              FOR FISCAL YEAR 2013.

    (a) Amendment.--Section 506 of the Intelligence Authorization Act 
for Fiscal Year 2013 (Public Law 112-277; 126 Stat. 2478) is amended--
            (1) by striking ``Section 606(5)'' and inserting 
        ``Paragraph (5) of section 605''; and
            (2) by inserting ``, as redesignated by section 
        310(a)(4)(B) of this Act,'' before ``is amended''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of the Intelligence 
Authorization Act for Fiscal Year 2013 (Public Law 112-277).
                                                 Union Calendar No. 198

113th CONGRESS

  1st Session

                               H. R. 3381

                          [Report No. 113-277]

_______________________________________________________________________

                                 A BILL

 To authorize appropriations for fiscal year 2014 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.

_______________________________________________________________________

                           November 25, 2013

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