112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-490
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2013
_______
May 22, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rogers of Michigan, from the Permanent Select Committee on
Intelligence, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5743]
[Including cost estimate of the Congressional Budget Office]
The Permanent Select Committee on Intelligence, to whom was
referred the bill (H.R. 5743) 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,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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''.
Purpose
The purpose of H.R. 5743 is to authorize the intelligence
and intelligence-related activities of the United States
Government for Fiscal Year 2013 in order to enhance the
national security of the United States, to support and assist
the armed forces of the United States, and to support the
President in the execution of the foreign policy of the United
States. The bill also clarifies certain Intelligence Community
authorities.
Classified Annex and Committee Intent
The classified annex to this report includes the classified
Schedule of Authorizations and its associated explanatory
language. The Committee views the classified annex as an
integral part of this legislation. The classified annex
contains a thorough discussion of the issues considered by the
Committee underlying the funding authorizations found in the
classified Schedule of Authorizations. The Committee intends
that all intelligence programs discussed in the classified
annex to this report be conducted in accordance with the
guidance and limitations set forth as associated language
therein.
The classified Schedule of Authorizations is incorporated
directly into this legislation by virtue of section 102 of the
bill. The classified annex is available for review by all
Members of the House of Representatives, subject to the
requirements of clause 13 of rule XXIII of the Rules of the
House of Representatives, and rule 14 of the Rules of Procedure
for the House Permanent Select Committee on Intelligence.
Scope of Committee Review
The bill authorizes U.S. intelligence and intelligence-
related activities within the jurisdiction of the Committee,
including the National Intelligence Program (NIP), and the
Military Intelligence Program (MIP). The NIP consists of all
activities of the Office of the Director of National
Intelligence, as well as those national foreign intelligence,
intelligence-related, and/or counterintelligence activities
conducted by: (1) the Central Intelligence Agency; (2) the
Department of Defense; (3) the Defense Intelligence Agency; (4)
the National Security Agency; (5) the National Reconnaissance
Office; (6) the National Geospatial-Intelligence Agency; (7)
the Departments of the Army, Navy, and Air Force; (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 U.S. Coast Guard;
(14) the Department of Homeland Security; and (15) the Drug
Enforcement Administration. The Committee has exclusive
legislative, authorizing and oversight jurisdiction of these
programs.
Committee Statement and Views
The Fiscal Year 2013 Intelligence Authorization bill
represents a return to regular order for the Committee. After
nearly six years without a full bill and classified annex
authorizing the Intelligence Community's (IC's) classified
programs, the Committee worked together on a bipartisan basis
to pass the Fiscal Year 2011 and Fiscal Year 2012 intelligence
authorization bills on a compressed timeframe. This year,
however, the Committee returned to regular order. The Fiscal
Year 2013 bill and classified annex is a continuation of the
Committee's effort to prioritize necessary funding and provide
consistent oversight in tighter fiscal times.
This Committee's primary responsibility is to conduct
oversight and to authorize the funding levels for the elements
of the IC spanning 16 separate agencies. It provides
authorization for critical national security functions,
including: CIA personnel and their activities worldwide;
tactical intelligence support to combat units in Afghanistan
and Iraq; NSA's signals intelligence and network defense
missions; global monitoring of foreign militaries, weapons
tests, and arms control treaties, including use of satellites
and radars; real-time analysis and reporting on political and
economic events; and research and technology to maintain the
country's technological edge, including work on code breaking,
listening devices, and satellites.
As most of that budget involves highly classified programs,
the bulk of this Committee's recommendations each year are
found in the classified annex to the bill. This year's annex
includes increased funding for counterintelligence against
spies; authorizes the new Defense Clandestine Service; enhances
counterterrorism efforts to continue the fight against al Qaeda
and its affiliates around the world; increases oversight on the
spending of domestic intelligence agencies; and supports global
coverage initiatives of the IC to ensure the U.S. is postured
to address emerging issues and threats around the world.
The legislative provisions that the Committee and Congress
consider each year are comprised of changes to statute that
serve two primary goals: (1) To better enable the Community to
conduct its important mission and (2) To strengthen oversight
mechanisms where needed as a result of the Committee's
oversight throughout the year.
INSPECTOR GENERAL
Section 402 of the bill contains a provision that permits
the Inspector General (IG) of the CIA to designate certain
positions as law enforcement officer positions solely for the
purpose of certain retirement benefits. The Committee included
this provision at the request of the Administration in response
to concerns raised by the CIA IG about his ability to recruit
and retain a cadre of experienced professional investigators.
The CIA IG has identified a need for experienced criminal
investigators to fulfill its mission, which includes a variety
of criminal, civil and regulatory investigations similar to
other inspectors general offices in the Executive Branch. The
IG indicated that his office was at a distinct disadvantage in
particular when trying to hire experienced investigators from
other law enforcement agencies because most are not willing to
give up their law enforcement benefits to do so.
In the Fiscal Year 2012 bill, the Committee discussed
providing this authority and ultimately directed OPM to do a
study of the personnel authorities and available personnel
benefits of the CIA IG to include: (1) identification of any
barriers or disincentives to the recruitment or retention of
experienced investigators within the IG's office; and (2) a
comparison of the personnel authorities of the CIA IG with
those of inspectors general of other agencies. On May 10, 2012,
OPM's Office of the Inspector General issued a preliminary
report on its study.
OPM's preliminary findings concluded that the CIA IG's
inability to designate certain positions as law enforcement
officers for the purpose of retirement has made it ``difficult
to recruit the investigative staff required to meet its
mission-related critical needs.'' Moreover, to compensate for
this problem, OPM noted that the IG ``has resorted to measures
such as offering high-end salaries for mid-level positions and
using employees other than professionally trained investigators
in an investigative role'' and as a result has a workforce that
is ``older, more highly graded and paid, and yet less well-
trained for investigative duties, compared to the Title 5
OIG's.'' The preliminary report went on to recommend
legislative changes to address this discrepancy.
REPORTS REPEAL
In Section 305, the Committee voted to repeal or modify six
reporting requirements in a manner so as to alleviate the
burden on the IC.\1\ The Committee is mindful of the numerous
reporting requirements levied on the Intelligence Community
each year that often become perpetual reporting requirements
unless revisited by a future Congress. We are also mindful of
levying new reporting requirements in a time of declining
budgets where prioritization of resources is even more
critical. The Committee's best work is conducted by hands-on,
direct oversight including briefings, hearings and reviewing
the daily finished intelligence products we receive. Many
formal reports are time consuming to produce and may require
analysis beyond what the Community would be doing absent
congressional direction. The Committee is committed to
attempting to lessen the burden of formal written reports where
the usefulness of the report may have waned since its
inception, but remains committed to conducting regular
oversight on the topics contained in the reports.
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\1\The Committee also modified one reporting requirement to include
the Committee as a recipient to the required report. The report is
required by the Homeland Security Act of 2002 and was not submitted to
this Committee under the original text.
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The Committee makes note, however, that formal, written
reports remain a critical part of Congressional oversight,
where appropriate. Recurring reports can be an important tool
for the Congress to gain information to study trends over long
periods of time on important issues. One-time reports also
serve an important purpose where the Committee believes it is
necessary to make a written record of the Intelligence
Community's analysis of or opinion on a certain subject--
especially where Congress has repeatedly sought certain
information in briefings and has not received sufficient
response. One-time reports can also serve as an information
gathering mechanism in lieu of, or prior to making a statutory
change, such as described in the previous section of this
report on changes to the CIA IG's authorities.
The Committee carefully reviewed the thirty reporting
requirements nominated by the ODNI for possible repeal. While
all of the reporting requirements proposed for repeal by the
DNI contain some useful information that the Committee values,
approximately half appeared to be viable candidates for repeal.
The basis for repealing many of these reports is that the
volume of reporting, briefings and other information we receive
on the topics at issue alleviates the need for an annual
report. While the reports are very useful for year to year
tracking of issues in those instances, the Committee weighed
that value against the more limited resource environment we
face today, particularly where an annual report appeared to add
no ``new'' information by the time it was received.
However, as the IC is well-aware, we are not the only
committee with equities in many of these reports. We considered
the views of other congressional committees who receive several
of the reports requested for repeal and where there was a
strong objection to repeal or argument in favor of maintaining
the report the report was maintained.
Where reports are repealed, the Committee fully expects the
Executive Branch to continue to provide full and complete
briefings on the relevant issues in lieu of formal annual
reports.
OTHER PROVISIONS
The bill also includes a provision that extends a provision
adopted in the Fiscal Year 2012 bill on Intelligence Community
Assistance to Counter Drug Trafficking Organizations Using
Public Lands. That provision required the DNI to consult with
the heads of the Federal land management agencies on the
appropriate actions the intelligence community can take to
assist such agencies in responding to the threat from covered
entities that are currently or have previously used public
lands in the United States to further the operations of such
entities. This year's provision, offered in an amendment by Mr.
Thompson, extended the one-time reporting requirement to an
annual one, but changed the form to allow for briefings or
another informational mechanism to alleviate the burden of
another formal reporting requirement.
The bill also contains an amendment to the National
Security Act of 1947 concerning non-reimbursable details. This
section has been amended in recent years, and this year's
amendment would change the maximum duration that members of the
Armed Forces can be detailed to the IC from two years to three
years in an effort to make such details consistent with joint-
duty minimum service requirements.
The bill also contains a provision requiring the President
to develop a strategy and timeline for complying with Section
3001(d) of the Intelligence Reform and Terrorism Protection Act
of 2004 concerning reciprocity of security clearance background
investigations and determinations.
Committee Consideration and Rollcall Votes
On May 17, 2012, the Committee met in open and closed
session and ordered the bill H.R. 5743 favorably reported, as
amended.
Open Session
In open session, the Committee considered the text of the
bill H.R. 5743. Chairman Rogers offered an amendment in the
nature of a substitute to H.R. 5743. The contents of the
amendment in the nature of a substitute are described in the
Section-by-Section analysis and the Explanation of Amendment.
Mr. Thompson offered an amendment to the amendment in the
nature of a substitute to extend a provision adopted in the FY
2012 Intelligence Authorization bill on Intelligence Community
Assistance to Counter Drug Trafficking Organizations Using
Public Lands. Mr. Thompson's amendment would make the reporting
to Congress an annual requirement and would reduce the report
from a formal, written report to a requirement that the
Executive Branch inform Congress.
The amendment in the nature of a substitute as amended was
agreed to by voice vote.
Closed Session
Mr. Ruppersberger then moved to close the meeting because
national security would be endangered if the matters to be
considered were disclosed. The motion was agreed to by a record
vote of 19 ayes and 0 noes:
Voting aye: Mr. Rogers (Chairman), Mr. Thornberry, Mrs.
Myrick, Mr. Miller, Mr. King, Mr. LoBiondo, Mr. Nunes, Mr.
Westmoreland, Mrs. Bachmann, Mr. Rooney, Mr. Heck, Mr.
Ruppersberger, Mr. Thompson, Ms. Schakowsky, Mr. Langevin, Mr.
Schiff, Mr. Boren, Mr. Gutierrez, Mr. Chandler.
Voting no: none.
Mr. Rogers (Chairman) offered an amendment to the
classified Schedule of Authorizations (annex) that was adopted
by voice vote.
Ms. Schakowsky offered an amendment to the classified
Schedule of Authorizations (annex) that was adopted by voice
vote.
Mr. Rogers (Chairman) offered an amendment to the
classified Schedule of Authorizations (annex) that was adopted
by voice vote.
The Committee then adopted the classified Schedule of
Authorizations by voice vote.
Open Session
By unanimous consent, the Committee returned to open
session. The Committee then adopted a motion by the Chairman to
favorably report the bill H.R. 5743 to the House, as amended,
including by reference the classified schedule of
authorizations. The motion was agreed to by record vote of 19
ayes and 0 noes.
Voting aye: Mr. Rogers (Chairman), Mr. Thornberry, Mr.
Conaway, Mr. Miller, Mr. King, Mr. LoBiondo, Mr. Nunes, Mr.
Westmoreland, Mrs. Bachmann, Mr. Rooney, Mr. Heck, Mr.
Ruppersberger, Mr. Thompson, Ms. Schakowsky, Mr. Langevin, Mr.
Schiff, Mr. Boren, Mr. Gutierrez, Mr. Chandler.
Voting no: none.
Section-by-Section Analysis and Explanation of the Amendment
Section 1--Short title and table of contents
Section 1 contains the short title for the bill and the
Table of Contents.
Section 2--Definitions
Section 2 contains definitions of the terms ``congressional
intelligence committees'' and ``intelligence community.''
Title I--Budget and Personnel Authorizations
Section 101--Authorization of appropriations
Section 101 of the bill authorizes appropriations for the
intelligence and intelligence-related activities of these
elements of the United States Government: The Office of the
Director of National Intelligence (including the National
Counterterrorism Center), the Central Intelligence Agency, the
Department of Defense, the Defense Intelligence Agency, the
National Security Agency, the Departments of the Army, Navy and
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, and the
Department of Homeland Security.
Section 102--Classified Schedule of Authorizations
Section 102 provides that the amounts and personnel
ceilings authorized under Section 101 shall be specified in the
accompanying classified Schedule of Authorizations, which shall
be made available to the Committee on Appropriations and to the
President. The Committee again emphasizes that--because certain
guidance with respect to classified programs cannot be fully
contained in the unclassified bill text--its understanding and
expectation is that the provisions of the annex will be fully
and completely carried out in executing the broader,
unclassified authorizations contained in the bill.
Section 103--Personnel Ceiling Adjustments
Section 103 authorizes the DNI to make certain increases to
the authorized personnel levels for FY 2013 when necessary to
the performance of important intelligence functions, but not to
exceed three percent of the number of civilian personnel
authorized.
Section 103 also authorizes the DNI to convert activities
performed by contract personnel if the head of an IC element
makes a determination that such duties should be performed by
the employees of such element.
Section 104--Intelligence Community Management Account
Section 104 authorizes appropriations for the Intelligence
Community Management Account (ICMA) of the DNI and sets the
authorized full-time equivalent personnel levels for the
elements within the ICMA for Fiscal Year 2013.
Section 104 also authorizes additional classified
appropriations and personnel levels for the Community
Management Account as specified in the classified Schedule of
Authorizations and permits the funding for advanced research
and development to remain available through September 30, 2014.
Title II--Central Intelligence Agency Retirement and Disability System
Section 201--Authorization of appropriations
Section 201 authorizes $514,000,000 for the Central
Intelligence Agency Retirement and Disability System (CIARDS).
Title III--General Intelligence Community Matters
Section 301--Increase in employee compensation and benefits authorized
by law
Section 301 provides that the authorized amounts may be
increased by such additional or supplemental amounts as may be
necessary for increases in compensation or benefits authorized
by law.
Section 302--Restriction on conduct of intelligence activities
Section 302 provides that the authorization of
appropriations by this Act does not constitute authority for
the conduct of any intelligence activity not otherwise
authorized by the Constitution or laws of the United States.
Section 303--Non-reimbursable details
Section 303 amends the National Security Act to permit
members of the Armed Forces to be detailed to the staff of an
element of the intelligence community funded through the
National Intelligence Program on a non-reimbursable basis for a
period not to exceed three years and makes clear that a non-
reimbursable detail under this section shall not be considered
an augmentation of the appropriations of the element of the
intelligence community receiving such detail.
Section 304--Strategy for security clearance reciprocity
Section 304 requires the President to develop a strategy
and process for carrying out the requirements of section
3001(d) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (IRTPA), which concerns reciprocity of security
clearance access determinations across agencies.
Section 305--Repeal or modification of certain reporting requirements
Section 305 repeals or modifies various intelligence
community reporting requirements.
Title IV--Matters Relating to Elements of the Intelligence Community
Section 401--Clarification on authority of CIA to transfer funds to CIA
activities authorized by law.
Section 401 clarifies that the CIA may transfer funds under
section 5(a)(1) of the Central Intelligence Agency Act to any
functions or activities of the Agency authorized by law.
Section 402--Authorities of the Inspector General for the Central
Intelligence Agency
Section 402 permits the Inspector General of the Central
Intelligence Agency to designate positions in the Inspector
General's office as law enforcement positions solely for the
purpose of certain retirement and pension provisions of law.
Section 403--Working Capital Fund
Section 403 permits the service providers working under the
Central Services Program to use their resources to advertise
their capabilities to their authorized customer base. This
provision also authorizes providers to pay the costs of
advertising from the Working Capital Fund.
Section 404--Intelligence Community Assistance to Counter Drug
Trafficking Organizations Using Public Lands
Section 404 amends section 401(b) of the Intelligence
Authorization Act for Fiscal Year 2012 to make the one time
report therein an annual requirement. It also amends section
401 to no longer require the DNI to submit a formal, written
report to the committees.
Title V--Other Matters
Section 501--Extension of National Commission for the Review of the
Research and Development Programs of the United States
Intelligence Community
Section 501 extends the date the Commission's final report
is due to Congress to March 31, 2012.
Section 502--Technical amendment to Title 5, United States Code
Section 502 adds the Office of the Director of National
Intelligence to a provision in Title 5 of the U.S. Code that
exempts intelligence agencies from the definition of ``agency''
for the purposes of that provision.
Section 503--Technical amendment to the National Security Act of 1947
Section 503 amends section 605 of the National Security Act
by striking the term ``intelligence agency'' and inserting
``element of the intelligence community'' as defined earlier in
section 3(4) of the Act.
Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee held multiple
hearings on the classified budgetary issues raised by H.R.
5347. The bill, as reported by the Committee, reflects
conclusions reached by the Committee in light of this oversight
activity.
General Performance Goals and Objectives
In accordance with clause 3(c) of House rule XIII, the
Committee has undertaken extensive efforts to provide and
clearly state performance goals and objectives and, where
appropriate, to link those goals and objectives to specific
classified programs.
The classified annex that accompanies this report reflects
in great detail the Committee's specific performance goals and
objectives at the programmatic level with respect to classified
programs.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. In compliance with this requirement, the Committee
has received a letter from the Congressional Budget Office
included herein.
Statement on Congressional Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee states that the bill as
reported contains no congressional earmarks, limited tax
benefits, or limited tariff benefits.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 5743 from the Director of
the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC.
Hon. Mike Rogers,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5743, the
Intelligence Authorization Act for Fiscal Year 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jason
Wheelock.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
H.R. 5743--Intelligence Authorization Act for Fiscal Year 2013
H.R. 5743 would authorize appropriations for fiscal year
2013 for intelligence activities of the U.S. government. Since
CBO does not provide estimates for classified programs, this
estimate addresses only the unclassified portions of the bill.
On that limited basis, and assuming appropriation of the
authorized amounts, CBO estimates that implementing the
unclassified provisions of H.R. 5743 would cost $525 million
over the 2013-2017 period.
Section 103 would authorize the appropriation of $531
million for the Intelligence Community Management Account,
which provides the principal source of funding for the Office
of the Director of National Intelligence and resources for
coordinating programs, overseeing budgets, and managing the
intelligence agencies.
Section 201 would authorize the appropriation of $514
million for the Central Intelligence Agency Retirement and
Disability System, which is a retirement and disability system
for certain employees of the Central Intelligence Agency. The
appropriation would cover various unfunded liabilities of the
system and would be considered mandatory. However, because the
authorization is the same as the amount assumed in the CBO
baseline, CBO does not ascribe any additional cost to that
provision relative to the baseline.
Enacting H.R. 5743 would affect direct spending; therefore,
pay-as-you-go procedures apply. Section 403 would permit the
Central Intelligence Agency to retain and spend receipts from
the sale of recyclable materials through the agency's working
capital fund. CBO estimates that the net effect of this
provision would be insignificant for each year and in total
over the 2013-2022 period. Enacting the bill would not affect
revenues.
H.R. 5743 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jason Wheelock.
The estimate was approved by Theresa Gullo.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
NATIONAL SECURITY ACT OF 1947
SHORT TITLE
That this Act may be cited as the ``National Security Act of
1947''.
* * * * * * *
TITLE I--COORDINATION FOR NATIONAL SECURITY
* * * * * * *
[Sec. 114. Additional annual reports from the Director of National
Intelligence.]
Sec. 114. Annual report on hiring and retention of minority employees.
* * * * * * *
Title VI--Protection of Certain National Security Information
* * * * * * *
[Sec. 603. Report.
[Sec. 604. Extraterritorial jurisdiction.
[Sec. 605. Providing information to Congress.
[Sec. 606. Definitions.]
Sec. 603. Extraterritorial jurisdiction.
Sec. 604. Providing information to Congress.
Sec. 605. Definitions.
* * * * * * *
TITLE I--COORDINATION FOR NATIONAL SECURITY
* * * * * * *
RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
Sec. 102A. (a) * * *
* * * * * * *
(g) Intelligence Information Sharing.--(1) * * *
* * * * * * *
[(4) Not later than February 1 of each year, the Director of
National Intelligence shall submit to the President and to the
Congress an annual report that identifies any statute,
regulation, policy, or practice that the Director believes
impedes the ability of the Director to fully and effectively
implement paragraph (1).]
(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.
* * * * * * *
NON-REIMBURSABLE DETAIL OF OTHER PERSONNEL
Sec. 113A. [An officer or employee of the United States or
member of the Armed Forces] (a) Civilian Employees.--An officer
or employee of the United States may be detailed to the staff
of an element of the intelligence community funded through the
National Intelligence Program from another element of the
intelligence community or from another element of the United
States Government on a non-reimbursable basis, as jointly
agreed to by the heads of the receiving and detailing elements,
for a period not to exceed two years. [This section does not
limit any other source of authority for reimbursable or non-
reimbursable details.]
(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.
[ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF NATIONAL INTELLIGENCE]
ANNUAL REPORT ON HIRING AND RETENTION OF MINORITY EMPLOYEES
Sec. 114. [(a) Annual Report on the Safety and Security of
Russian Nuclear Facilities and Nuclear Military Forces.--(1)
The Director of National Intelligence shall submit to the
congressional leadership on an annual basis, and to the
congressional intelligence committees on the date each year
provided in section 507, an intelligence report assessing the
safety and security of the nuclear facilities and nuclear
military forces in Russia.
[(2) Each such report shall include a discussion of the
following:
[(A) The ability of the Government of Russia to
maintain its nuclear military forces.
[(B) The security arrangements at civilian and
military nuclear facilities in Russia.
[(C) The reliability of controls and safety systems
at civilian nuclear facilities in Russia.
[(D) The reliability of command and control systems
and procedures of the nuclear military forces in
Russia.
[(3) Each such report shall be submitted in unclassified
form, but may contain a classified annex.]
[(b) Annual Report on Hiring and Retention of Minority
Employees.--(1)] (a) The Director of National Intelligence
shall, on an annual basis, submit to Congress a report on the
employment of covered persons within each element of the
intelligence community for the preceding fiscal year.
[(2)] (b) Each such report shall include disaggregated data
by category of covered person from each element of the
intelligence community on the following:
[(A)] (1) Of all individuals employed in the element
during the fiscal year involved, the aggregate
percentage of such individuals who are covered persons.
[(B)] (2) Of all individuals employed in the element
during the fiscal year involved at the levels referred
to in clauses (i) and (ii), the percentage of covered
persons employed at such levels:
[(i)] (A) Positions at levels 1 through 15 of
the General Schedule.
[(ii)] (B) Positions at levels above GS-15.
[(C)] (3) Of all individuals hired by the element
involved during the fiscal year involved, the
percentage of such individuals who are covered persons.
[(3)] (c) Each such report shall be submitted in unclassified
form, but may contain a classified annex.
[(4)] (d) Nothing in this subsection shall be construed as
providing for the substitution of any similar report required
under another provision of law.
[(5)] (e) In this subsection, the term ``covered persons''
means--
[(A)] (1) racial and ethnic minorities;
[(B)] (2) women; and
[(C)] (3) individuals with disabilities.
[(c) Annual Report on Threat of Attack on the United States
Using Weapons of Mass Destruction.--(1) Not later each year
than the date provided in section 507, the Director of National
Intelligence shall submit to the congressional committees
specified in paragraph (3) a report assessing the following:
[(A) The current threat of attack on the United
States using ballistic missiles or cruise missiles.
[(B) The current threat of attack on the United
States using a chemical, biological, or nuclear weapon
delivered by a system other than a ballistic missile or
cruise missile.
[(2) Each report under paragraph (1) shall be a national
intelligence estimate, or have the formality of a national
intelligence estimate.
[(3) The congressional committees referred to in paragraph
(1) are the following:
[(A) The congressional intelligence committees.
[(B) The Committees on Foreign Relations and Armed
Services of the Senate.
[(C) The Committees on International Relations and
Armed Services of the House of Representatives.
[(d) Congressional Leadership Defined.--In this section, the
term ``congressional leadership'' means the Speaker and the
minority leader of the House of Representatives and the
majority leader and the minority leader of the Senate.]
* * * * * * *
TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
* * * * * * *
DATES FOR SUBMITTAL OF VARIOUS ANNUAL AND SEMIANNUAL REPORTS TO THE
CONGRESSIONAL INTELLIGENCE COMMITTEES
Sec. 507. (a) Annual Reports.--[(1)] The date for the
submittal to the congressional intelligence committees of the
following annual reports shall be the date each year provided
in [subsection (c)(1)(A)] subsection (c)(1):
[(A) The annual report on the protection of the
identities of covert agents required by section 603.]
[(B)] (1) The annual report of the Inspectors
Generals of the intelligence community on proposed
resources and activities of their offices required by
section 8H(g) of the Inspector General Act of 1978.
[(C) The annual report on the acquisition of
technology relating to weapons of mass destruction and
advanced conventional munitions required by section 721
of the Intelligence Authorization Act for Fiscal Year
1997 (Public Law 104-293; 50 U.S.C. 2366).]
[(D)] (2) The annual report on commercial activities
as security for intelligence collection required by
section 437(c) of title 10, United States Code.
[(E)] (3) The annual report on certifications for
immunity in interdiction of aircraft engaged in illicit
drug trafficking required by section 1012(c)(2) of the
National Defense Authorization Act for Fiscal Year 1995
(22 U.S.C. 2291-4(c)(2)).
[(F)] (4) The annual report on activities under the
David L. Boren National Security Education Act of 1991
(title VIII of Public Law 102-183; 50 U.S.C. 1901 et
seq.) required by section 806(a) of that Act (50 U.S.C.
1906(a)).
[(G)] (5) The annual report on hiring and retention
of minority employees in the intelligence community
required by section [114(c)] 114.
[(H)] (6) The annual report on outside employment of
employees of elements of the intelligence community
required by section 102A(u)(2).
[(I)] (7) The annual report on financial intelligence
on terrorist assets required by section 118.
[(2) The date for the submittal to the congressional
intelligence committees of the following annual reports shall
be the date each year provided in subsection (c)(1)(B):
[(A) The annual report on the safety and security of
Russian nuclear facilities and nuclear military forces
required by section 114(a).
[(B) The annual report on the threat of attack on the
United States from weapons of mass destruction required
by section 114(c).]
* * * * * * *
(c) Submittal Dates for Reports.--(1)[(A) Except as provided]
Except as provided in subsection (d), each annual report listed
in subsection (a)(1) shall be submitted not later than February
1.
[(B) Except as provided in subsection (d), each annual report
listed in subsection (a)(2) shall be submitted not later than
December 1.]
* * * * * * *
TITLE VI--PROTECTION OF CERTAIN NATIONAL SECURITY INFORMATION
* * * * * * *
[REPORT
[Sec. 603. (a) The President, after receiving information
from the Director of National Intelligence, shall submit to the
congressional intelligence committees an annual report on
measures to protect the identities of covert agents, including
an assessment of the need, if any, for modification of this
title for the purpose of improving legal protections for covert
agents, and on any other matter relevant to the protection of
the identities of covert agents. The date for the submittal of
the report shall be the date provided in section 507.
[(b) The report described in subsection (a) shall be exempt
from any requirement for publication or disclosure.]
EXTRATERRITORIAL JURISDICTION
Sec. [604.] 603. There is jurisdiction over an offense under
section 601 committed outside the United States if the
individual committing the offense is a citizen of the United
States or an alien lawfully admitted to the United States for
permanent residence (as defined in section 101(a)(20) of the
Immigration and Nationality Act).
PROVIDING INFORMATION TO CONGRESS
Sec. [605.] 604. Nothing in this title may be construed as
authority to withhold information from the Congress or from a
committee of either House of Congress.
DEFINITIONS
Sec. [606.] 605. For the purposes of this title:
(1) * * *
* * * * * * *
(4) The term ``covert agent'' means--
(A) a present or retired officer or employee
of an [intelligence agency] element of the
intelligence community or a present or retired
member of the Armed Forces assigned to duty
with an [intelligence agency] element of the
intelligence community--
(i) * * *
* * * * * * *
(B) a United States citizen whose
intelligence relationship to the United States
is classified information, and--
(i) who resides and acts outside the
United States as an agent of, or
informant or source of operational
assistance to, an [intelligence agency]
element of the intelligence community,
or
* * * * * * *
(C) an individual, other than a United States
citizen, whose past or present intelligence
relationship to the United States is classified
information and who is a present or former
agent of, or a present or former informant or
source of operational assistance to, an
[intelligence agency] element of the
intelligence community.
[(5) The term ``intelligence agency'' means the
Central Intelligence Agency, a foreign intelligence
component of the Department of Defense, or the foreign
counterintelligence or foreign counterterrorism
components of the Federal Bureau of Investigation.]
[(6)] (5) The term ``informant'' means any individual
who furnishes information to an [intelligence agency]
element of the intelligence community in the course of
a confidential relationship protecting the identity of
such individual from public disclosure.
[(7)] (6) The terms ``officer'' and ``employee'' have
the meanings given such terms by section 2104 and 2105,
respectively, of title 5, United States Code.
[(8)] (7) The term ``Armed Forces'' means the Army,
Navy, Air Force, Marine Corps, and Coast Guard.
[(9)] (8) The term ``United States'', when used in a
geographic sense, means all areas under the territorial
sovereignty of the United States and the Trust
Territory of the Pacific Islands.
[(10)] (9) The term ``pattern of activities''
requires a series of acts with a common purpose or
objective.
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1997
* * * * * * *
TITLE VII--COMBATTING PROLIFERATION
* * * * * * *
Subtitle B--Other Matters
[SEC. 721. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS OF
MASS DESTRUCTION AND ADVANCED CONVENTIONAL
MUNITIONS.
[(a) Reports.--The Director of Central Intelligence shall
submit to Congress a report on--
[(1) the acquisition by foreign countries during the
preceding 6 months of dual-use and other technology
useful for the development or production of weapons of
mass destruction (including nuclear weapons, chemical
weapons, and biological weapons) and advanced
conventional munitions; and
[(2) trends in the acquisition of such technology by
such countries.
[(b) Submittal Dates.--(1) The report required by subsection
(a) shall be submitted each year to the congressional
intelligence committees and the congressional leadership on an
annual basis on the dates provided in section 507 of the
National Security Act of 1947.
[(2) In this subsection:
[(A) The term ``congressional intelligence
committees'' has the meaning given that term in section
3 of the National Security Act of 1947 (50 U.S.C.
401a).
[(B) The term ``congressional leadership'' means the
Speaker and the minority leader of the House of
Representatives and the majority leader and the
minority leader of the Senate.
[(c) Form of Reports.--Each report submitted under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.]
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010
* * * * * * *
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
* * * * * * *
SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO ADVISORY
COMMITTEES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) * * *
[(b) Annual Report.--
[(1) In general.--The Director of National
Intelligence and the Director of the Central
Intelligence Agency shall each submit to the
congressional intelligence committees an annual report
on advisory committees created by each such Director.
Each report shall include--
[(A) a description of each such advisory
committee, including the subject matter of the
committee; and
[(B) a list of members of each such advisory
committee.
[(2) Report on reasons for odni exclusion of advisory
committee from faca.--Each report submitted by the
Director of National Intelligence in accordance with
paragraph (1) shall include the reasons for a
determination by the Director under section 4(b)(3) of
the Federal Advisory Committee Act (5 U.S.C. App.), as
added by subsection (a) of this section, that an
advisory committee cannot comply with the requirements
of such Act.]
(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.
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
* * * * * * *
SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL
FUSION CENTER INITIATIVE.
(a) * * *
* * * * * * *
(g) Consumer Feedback.--
(1) * * *
(2) Report.--Not later than one year after the date
of the enactment of the Implementing Recommendations of
the 9/11 Commission Act of 2007, and annually
thereafter, the Secretary shall submit to the Committee
on Homeland Security and Governmental Affairs and the
Select Committee on Intelligence of the Senate and the
Committee on Homeland Security and the Permanent Select
Committee on Intelligence of the House of
Representatives a report that includes a description of
the consumer feedback obtained under paragraph (1) and,
if applicable, how the Department has adjusted its
production of intelligence products in response to that
consumer feedback.
* * * * * * *
----------
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
* * * * * * *
GENERAL AUTHORITIES
Sec. 5. (a) In General.--In the performance of its functions,
the Central Intelligence Agency is authorized to--
(1) Transfer to and receive from other Government agencies
such sums as may be approved by the Office of Management and
Budget, for the performance of [any of the functions or
activities authorized under section 104A of the National
Security Act of 1947 (50 U.S.C. 403-4a).] any functions or
activities of the Agency authorized by law, and any other
Government agency is authorized to transfer to or receive from
the Agency such sums without regard to any provisions of law
limiting or prohibiting transfers between appropriations. Sums
transferred to the Agency in accordance with this paragraph may
be expended for the purposes and under the authority of this
Act without regard to limitations of appropriations from which
transferred;
* * * * * * *
SEC. 17. INSPECTOR GENERAL FOR THE AGENCY.
(a) * * *
* * * * * * *
(e) Authorities of the Inspector General.--(1) * * *
* * * * * * *
(7) [Subject to applicable law] (A) Subject to applicable law
and the policies of the Director, the Inspector General shall
select, appoint and employ such officers and employees as may
be necessary to carry out his functions. In making such
selections, the Inspector General shall ensure that such
officers and employees have the requisite training and
experience to enable him to carry out his duties effectively.
In this regard, the Inspector General shall create within his
organization a career cadre of sufficient size to provide
appropriate continuity and objectivity needed for the effective
performance of his duties.
(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.
* * * * * * *
CENTRAL SERVICES PROGRAM
Sec. 21. (a) * * *
(b) Participation of Agency Elements.--(1) In order to carry
out the program, the Director shall--
(A) * * *
(B) specify the items or services to be provided
under the program by such providers[; and];
(C) assign to such providers for purposes of the
program such inventories, equipment, and other assets
(including equipment on order) as the Director
determines necessary to permit such providers to
provide items or services under the program[.]; and
(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.
* * * * * * *
(c) Central Services Working Capital Fund.--(1) * * *
(2) There shall be deposited in the Fund the following:
(A) * * *
* * * * * * *
(E) Other receipts from the sale or exchange of
[equipment or property] equipment, recyclable
materials, or property of a central service provider as
a result of activities under the program.
* * * * * * *
(3) Amounts in the Fund shall be available, without fiscal
year limitation, for the following purposes:
(A) * * *
(B) To pay the costs of carrying out activities under
[subsection (f)(2)] subsections (b)(1)(D) and (f)(2).
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012
* * * * * * *
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. INTELLIGENCE COMMUNITY ASSISTANCE TO COUNTER DRUG TRAFFICKING
ORGANIZATIONS USING PUBLIC LANDS.
(a) * * *
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Director of
National Intelligence shall [submit to] inform the
congressional intelligence committees, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of
the House of Representatives [a report on the results] of the
results of the consultation under subsection (a). [Such report]
Information provided under this subsection shall include--
(1) * * *
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2003
* * * * * * *
TITLE X--NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT
PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY
* * * * * * *
SEC. 1007. FINAL REPORT; TERMINATION.
(a) Final Report.--[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] Not later than March 31, 2013, the Commission
shall submit to the congressional intelligence committees, the
Director of National Intelligence, and the Secretary of Defense
a final report as required by section 1002(h)(2).
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART B--EMPLOYMENT AND RETENTION
* * * * * * *
CHAPTER 31--AUTHORITY FOR EMPLOYMENT
* * * * * * *
SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE
* * * * * * *
Sec. 3132. Definitions and exclusions
(a) For the purpose of this subchapter--
(1) ``agency'' means an Executive agency, except a
Government corporation and the Government
Accountability Office, but does not include--
(A) * * *
(B) the Federal Bureau of Investigation, the
Drug Enforcement Administration, the Central
Intelligence Agency, the Office of the Director
of National Intelligence, the Defense
Intelligence Agency, the National Geospatial-
Intelligence Agency, the National Security
Agency, Department of Defense intelligence
activities the civilian employees of which are
subject to section 1590 of title 10, and, as
determined by the President, an Executive
agency, or unit thereof, whose principal
function is the conduct of foreign intelligence
or counterintelligence activities;
* * * * * * *
MINORITY VIEWS
As Members of the House Intelligence Committee, it is our
responsibility to ensure that the men and women serving in the
Intelligence Community (IC) have the resources, tools, and
authorities they need to protect America. It is for this reason
that the intelligence authorization bill is one of the most
important bills the House passes each year. It provides and
allocates resources to critical national security programs,
including those that detect, prevent, and disrupt potential
terrorist attacks against the American people.
We know America is facing tough economic times. The
Intelligence Authorization Act for FY 2013 is 4% below last
year's enacted budget. It holds personnel at last year's levels
and authorizes an initiative to achieve major efficiencies and
improve performance in Information Technology. It makes cuts
where appropriate, eliminates redundancies and pushes programs
to come in on time and on budget. As in past years, the Bill
adds resources for global coverage and supports U.S.
Intelligence capabilities to stay on top of key developments
and identify emerging trends in areas of strategic interest.
The Intelligence Authorization Act also makes
counterintelligence a priority. The bill makes strategic
additions across the Intelligence Community by working with the
National Counterintelligence Executive to pay for surveillance
of foreign spies, improves supply chain security and pays for
the counterintelligence analysts we need. It authorizes the
Defense Clandestine Service created by the Department of
Defense to reorganize its human intelligence collection and
partner with the CIA's National Clandestine Service. It
enhances counterterrorism efforts to continue the fight against
al-Qaeda and its affiliates around the world. It increases
oversight on the spending of domestic intelligence agencies and
expands the Intelligence Community's global coverage
initiatives to ensure the United States is capable and ready to
address threats from any location around the world.
The Democrats on the House Intelligence Committee remain
committed to giving our intelligence professionals what they
need to do their jobs while also providing proper oversight and
protecting personal privacy. Provisions offered by Minority
Members were accepted as part of the Chairman's mark and other
amendments were adopted unanimously by the Committee including:
LA provision that protects the Inspector General
of the intelligence agencies from across the board cuts to
preserve their role as a watchdog of organizations.
LA provision that extends efforts to prevent the
cultivation of illegal drugs on federal lands for an additional
year.
There are two initiatives that were not included in this
bill that we will continue to pursue. The first would help
small businesses understand the intelligence community's
contracting process and ensure they get a fair chance at
contracting opportunities. The second would expand the
availability of Science, Technology, Engineering and Math
(STEM) cooperative programs at colleges and universities to
supplement the Intelligence Community workforce, an issue we
feel is critically important as we prepare our young people for
the Intelligence Community careers of today and tomorrow. Each
of these matters is impacted by the classification clearance
process and retention policy. We need to do more work on both
initiatives to ensure a thoughtful approach to solving these
problems. Indicative of the bipartisan nature of this
Committee, the Chairman and Ranking Member together with other
Members of the Committee remain committed to working in these
areas to determine what legislation might be appropriate in the
future.
This bipartisan bill passed Committee by a unanimous vote
of 19-0. It continues the tradition of removing politics from
the committee process. The stakes simply are too high. If this
bill is enacted, it will be the fourth intelligence bill in a
row signed into law by the President.
C. A. Dutch Ruppersberger.
Mike Thompson.
Jan Schakowsky.
Jim Langevin.
Adam Schiff.
Dan Boren.
Luis Gutierrez.
Ben Chandler.
