H.R. 5743 (112th): Intelligence Authorization Act for Fiscal Year 2013

112th Congress, 2011–2013. Text as of May 22, 2012 (Reported by House Committee).

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IB

Union Calendar No. 343

112th CONGRESS

2d Session

H. R. 5743

[Report No. 112–490]

IN THE HOUSE OF REPRESENTATIVES

May 15, 2012

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.


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.

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.

.

IV

Matters relating to elements of the intelligence community

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.

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.

.

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).

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.

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.

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.

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.

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