113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-277
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2014
_______
November 25, 2013.--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. 3381]
[Including cost estimate of the Congressional Budget Office]
The Permanent Select Committee on Intelligence, to whom was
referred the bill (H.R. 3381) to authorize appropriations for
fiscal year 2014 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes,
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 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Continuous evaluation and sharing of derogatory information
regarding personnel with access to classified information.
Sec. 304. Requirements for intelligence community contractors.
Sec. 305. Repeal or modification of certain reporting requirements.
Sec. 306. Clarification of exemption from Freedom of Information Act of
identities of employees submitting complaints to the Inspector General
of the Intelligence Community.
Sec. 307. Plans to respond to unauthorized public disclosures of covert
actions.
Sec. 308. Official representation items in support of the Coast Guard
Attache Program.
Sec. 309. Declassification review of certain items collected during the
mission that killed Osama bin Laden on May 1, 2011.
Sec. 310. Report on electronic waste.
Sec. 311. Plan to encourage and promote cybersecurity and computer
literacy among students.
TITLE IV--TECHNICAL AMENDMENTS
Sec. 401. Technical amendments to the Central Intelligence Agency Act
of 1949.
Sec. 402. Technical amendments to the National Security Act of 1947
relating to the past elimination of certain positions.
Sec. 403. Technical amendments to the Intelligence Authorization Act
for Fiscal Year 2013.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence of
the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2014
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel ceilings as of September 30, 2014, for
the conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany the bill
H.R. 3381 of the One Hundred Thirteenth Congress.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability to committees of congress.--The classified
Schedule of Authorizations referred to in subsection (a) shall
be made available to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--With the approval of the Director of
the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2014 by the classified
Schedule of Authorizations referred to in section 102(a) if the
Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 3 percent of the number of civilian
personnel authorized under such Schedule for such element.
(b) Notice to Congressional Intelligence Committees.--The Director of
National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to each exercise of an
authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2014 the sum of
$600,874,157. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2015.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 837 full-time or full-time equivalent
personnel as of September 30, 2014. Personnel serving in such elements
may be permanent employees of the Office of the Director of National
Intelligence or personnel detailed from other elements of the United
States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to
be appropriated for the Community Management Account for fiscal
year 2014 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section
102(a). Such additional amounts for advanced research and
development shall remain available until September 30, 2015.
(2) Authorization of personnel.--In addition to the personnel
authorized by subsection (b) for elements of the Intelligence
Community Management Account as of September 30, 2014, there
are authorized such additional personnel for the Community
Management Account as of that date as are specified in the
classified Schedule of Authorizations referred to in section
102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2014 the sum of
$514,000,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY INFORMATION
REGARDING PERSONNEL WITH ACCESS TO CLASSIFIED
INFORMATION.
Section 102A(j) of the National Security Act of 1947 (50 U.S.C.
3024(j)) is amended--
(1) in the heading, by striking ``Sensitive Compartmented
Information'' and inserting ``Classified Information'';
(2) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (4), by striking the period and inserting a
semicolon; and
(4) by adding at the end the following new paragraphs:
``(5) ensure that the background of each employee or officer
of an element of the intelligence community, each contractor to
an element of the intelligence community, and each individual
employee of such a contractor who has been determined to be
eligible for access to classified information is monitored on a
continual basis under standards developed by the Director,
including with respect to the frequency of evaluation, during
the period of eligibility of such employee or officer of an
element of the intelligence community, such contractor, or such
individual employee to such a contractor to determine whether
such employee or officer of an element of the intelligence
community, such contractor, and such individual employee of
such a contractor continues to meet the requirements for
eligibility for access to classified information; and
``(6) develop procedures to require information sharing
between elements of the intelligence community concerning
potentially derogatory security information regarding an
employee or officer of an element of the intelligence
community, a contractor to an element of the intelligence
community, or an individual employee of such a contractor that
may impact the eligibility of such employee or officer of an
element of the intelligence community, such contractor, or such
individual employee of such a contractor for a security
clearance.''.
SEC. 304. REQUIREMENTS FOR INTELLIGENCE COMMUNITY CONTRACTORS.
(a) Requirements.--Section 102A of the National Security Act of 1947
(50 U.S.C. 3024) is amended by adding at the end the following new
subsection:
``(x) Requirements for Intelligence Community Contractors.--The
Director of National Intelligence, in consultation with the head of
each department of the Federal Government that contains an element of
the intelligence community and the Director of the Central Intelligence
Agency, shall--
``(1) ensure that--
``(A) any contractor to an element of the
intelligence community with access to a classified
network or classified information develops and operates
a security plan that is consistent with standards
established by the Director of National Intelligence
for intelligence community networks; and
``(B) each contract awarded by an element of the
intelligence community includes provisions requiring
the contractor comply with such plan and such
standards;
``(2) conduct periodic assessments of each security plan
required under paragraph (1)(A) to ensure such security plan
complies with the requirements of such paragraph; and
``(3) ensure that the insider threat detection capabilities
and insider threat policies of the intelligence community apply
to facilities of contractors with access to a classified
network.''.
(b) Applicability.--The amendment made by subsection (a) shall apply
with respect to contracts entered into or renewed after the date of the
enactment of this Act.
SEC. 305. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.
(a) Repeal of Report on the Threat of Attack on the United States
Using Weapons of Mass Destruction.--Section 114 of the National
Security Act of 1947 (50 U.S.C. 3050) is amended by striking subsection
(b).
(b) Modification of Reporting Requirements.--
(1) Intelligence advisory committees.--Section 410(b) of the
Intelligence Authorization Act for Fiscal Year 2010 (50 U.S.C.
3309) is amended to read as follows:
``(b) Notification of Establishment of Advisory Committee.--The
Director of National Intelligence and the Director of the Central
Intelligence Agency shall each notify the congressional intelligence
committees each time each such Director creates an advisory committee.
Each notification shall include--
``(1) a description of such advisory committee, including the
subject matter of such committee;
``(2) a list of members of such advisory committee; and
``(3) in the case of an advisory committee created by the
Director of National Intelligence, the reasons for a
determination by the Director under section 4(b)(3) of the
Federal Advisory Committee Act (5 U.S.C. App) that an advisory
committee cannot comply with the requirements of such Act.''.
(2) Intelligence information sharing.--Section 102A(g)(4) of
the National Security Act of 1947 (50 U.S.C. 3024(g)(4)) is
amended to read as follows:
``(4) The Director of National Intelligence shall, in a timely
manner, report to Congress any statute, regulation, policy, or practice
that the Director believes impedes the ability of the Director to fully
and effectively ensure maximum availability of access to intelligence
information within the intelligence community consistent with the
protection of the national security of the United States.''.
(c) Conforming Amendments.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended--
(1) in the table of contents in the first section, by
striking the item relating to section 114 and inserting the
following new item:
``Sec. 114. Annual report on hiring and retention of minority
employees.'';
(2) in section 114 (50 U.S.C. 3050)--
(A) by amending the heading to read as follows:
``annual report on hiring and retention of minority
employees'';
(B) by striking ``(a) Annual Report on Hiring and
Retention of Minority Employees.--'';
(C) by redesignating paragraphs (1) through (5) as
subsections (a) through (e), respectively;
(D) in subsection (b) (as so redesignated)--
(i) by redesignating subparagraphs (A)
through (C) as paragraphs (1) through (3),
respectively; and
(ii) in paragraph (2) (as so redesignated)--
(I) by redesignating clauses (i) and
(ii) as subparagraphs (A) and (B),
respectively; and
(II) in the matter preceding
subparagraph (A) (as so redesignated),
by striking ``clauses (i) and (ii)''
and inserting ``subparagraphs (A) and
(B)''; and
(E) in subsection (e) (as redesignated by
subparagraph (C) of this paragraph), by redesignating
subparagraphs (A) through (C) as paragraphs (1) through
(3), respectively; and
(3) in section 507 (50 U.S.C. 3106)--
(A) in subsection (a)--
(i) by striking ``(1) The date'' and
inserting ``The date'';
(ii) by striking ``subsection (c)(1)(A)'' and
inserting ``subsection (c)(1)'';
(iii) by striking paragraph (2); and
(iv) by redesignating subparagraphs (A)
through (F) as paragraphs (1) through (6),
respectively;
(B) in subsection (c)(1)--
(i) by striking ``(A) Except'' and inserting
``Except''; and
(ii) by striking subparagraph (B); and
(C) in subsection (d)(1)--
(i) in subparagraph (A)--
(I) by striking ``subsection (a)(1)''
and inserting ``subsection (a)''; and
(II) by inserting ``and'' after
``March 1;'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 306. CLARIFICATION OF EXEMPTION FROM FREEDOM OF INFORMATION ACT OF
IDENTITIES OF EMPLOYEES SUBMITTING COMPLAINTS TO
THE INSPECTOR GENERAL OF THE INTELLIGENCE
COMMUNITY.
Section 103H(g)(3) of the National Security Act of 1947 (50 U.S.C.
3033(g)(3)) is amended--
(1) in subparagraph (A), by striking ``; and'' and inserting
a semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A), the following new
subparagraph:
``(B) the identity of the employee shall be exempt from
disclosure under section 552 of title 5, United States Code
(commonly referred to as the `Freedom of Information Act'), in
accordance with subsection (b)(3) of such section; and''.
SEC. 307. PLANS TO RESPOND TO UNAUTHORIZED PUBLIC DISCLOSURES OF COVERT
ACTIONS.
Section 503 of the National Security Act of 1947 (50 U.S.C. 3093) is
amended by adding at the end the following new subsection:
``(h) For each type of activity undertaken as part of a covert
action, the President shall establish in writing a plan to respond to
the unauthorized public disclosure of that type of activity.''.
SEC. 308. OFFICIAL REPRESENTATION ITEMS IN SUPPORT OF THE COAST GUARD
ATTACHE PROGRAM.
Notwithstanding any other limitation on the amount of funds that may
be used for official representation items, the Secretary of Homeland
Security may use funds made available to the Secretary through the
National Intelligence Program for necessary expenses for the operation
and maintenance of the Coast Guard for official representation items in
support of the Coast Guard Attache Program.
SEC. 309. DECLASSIFICATION REVIEW OF CERTAIN ITEMS COLLECTED DURING THE
MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1, 2011.
Not later than 120 days after the date of the enactment of this Act,
the Director of National Intelligence shall--
(1) in the manner described in the classified annex to this
Act, complete a declassification review of documents collected
in Abbottabad, Pakistan, during the mission that killed Osama
bin Laden on May 1, 2011;
(2) make publicly available any information declassified as a
result of the declassification review required under paragraph
(1); and
(3) report to the congressional intelligence committees--
(A) the results of the declassification review
required under paragraph (1); and
(B) a justification for not declassifying any
information required to be included in such
declassification review that remains classified.
SEC. 310. REPORT ON ELECTRONIC WASTE.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the extent to which
the intelligence community has implemented the recommendations of the
Inspector General of the Intelligence Community contained in the report
entitled ``Study of Intelligence Community Electronic Waste Disposal
Practices'' issued in May 2013. Such report shall include an assessment
of the extent to which the policies, standards, and guidelines of the
intelligence community governing the proper disposal of electronic
waste are applicable to covered commercial electronic waste that may
contain classified information.
(b) Definitions.--In this section:
(1) Covered commercial electronic waste.--The term ``covered
commercial electronic waste'' means electronic waste of a
commercial entity that contracts with an element of the
intelligence community.
(2) Electronic waste.--The term ``electronic waste'' includes
any obsolete, broken, or irreparable electronic device,
including a television, copier, facsimile machine, tablet,
telephone, computer, computer monitor, laptop, printer,
scanner, and associated electrical wiring.
SEC. 311. PLAN TO ENCOURAGE AND PROMOTE CYBERSECURITY AND COMPUTER
LITERACY AMONG STUDENTS.
(a) Plan.--Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a plan to establish a national
program to conduct competitions and challenges and to offer internships
at elements of the intelligence community to promote cybersecurity and
computer literacy among students attending high schools or institutions
of higher education in the United States. Such plan shall include cost
estimates for carrying out the plan and strategies for conducting
expedited security clearance investigations and adjudications for
purposes of offering such internships.
(b) Consideration of Existing Programs.--In developing the plan under
subsection (a), the Director shall take into consideration and leverage
existing programs of the intelligence community, including the
education programs of the National Security Agency and the Information
Assurance Scholarship Program of the Department of Defense, as
appropriate.
(c) Definitions.--In this section:
(1) High school.--The term ``high school'' mean a school that
awards a secondary school diploma.
(2) Institution of higher education.--The term ``institution
of higher education'' has the meaning given the term in section
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(3) Secondary school.--The term ``secondary school'' has the
meaning given the term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
TITLE IV--TECHNICAL AMENDMENTS
SEC. 401. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY ACT
OF 1949.
Section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3521) is amended--
(1) in subsection (b)(1)(D), by striking ``section (a)'' and
inserting ``subsection (a)''; and
(2) in subsection (c)(2)(E), by striking ``provider.'' and
inserting ``provider''.
SEC. 402. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947
RELATING TO THE PAST ELIMINATION OF CERTAIN
POSITIONS.
Section 101(a) of the National Security Act of 1947 (50 U.S.C.
3021(a)) is amended--
(1) in paragraph (5), by striking the semicolon and inserting
``; and'';
(2) by striking paragraphs (6) and (7);
(3) by redesignating paragraph (8) as paragraph (6); and
(4) in paragraph (6) (as so redesignated), by striking ``the
Chairman of the Munitions Board, and the Chairman of the
Research and Development Board,''.
SEC. 403. TECHNICAL AMENDMENTS TO THE INTELLIGENCE AUTHORIZATION ACT
FOR FISCAL YEAR 2013.
(a) Amendment.--Section 506 of the Intelligence Authorization Act for
Fiscal Year 2013 (Public Law 112-277; 126 Stat. 2478) is amended--
(1) by striking ``Section 606(5)'' and inserting ``Paragraph
(5) of section 605''; and
(2) by inserting ``, as redesignated by section 310(a)(4)(B)
of this Act,'' before ``is amended''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect as if included in the enactment of the Intelligence
Authorization Act for Fiscal Year 2013 (Public Law 112-277).
Purpose
The purpose of H.R. 3381 is to authorize the intelligence
and intelligence-related activities of the United States
Government for Fiscal Year 2014. These activities enhance the
national security of the United States, support and assist the
armed forces of the United States, and support the President in
the execution of the foreign policy of the United States.
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 will follow 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 intelligence, intelligence-
related, and 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 annual intelligence authorization bill funds all U.S.
intelligence activities, 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; NSA's electronic surveillance and cyber defense;
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, such as current events in the Middle East; and research
and technology to maintain the country's technological edge,
including work on code breaking, listening devices, and
reconnaissance satellites.
The FY 2014 authorization bill is a critical tool for
oversight of the Intelligence Community. For too many years,
intelligence authorization negotiations were the victim of
partisan infighting and turf battles. Over the past two and a
half years, however, Congress broke out of that logjam by
passing three intelligence authorization bills that the
President signed into law. The FY 2014 bill follows in the path
of those three bills to provide the Intelligence Community the
resources it needs to accomplish its demanding mission of
securing and defending America.
This bill sustains today's intelligence capabilities and
provides for future capabilities while staying within the
funding constraints of the Budget Control Act. In fact, the
bill authorizes funding that is slightly below the President's
Budget request level. Under current law, however, this funding
level is subject to a sequestration of approximately 10
percent. If that sequestration is not replaced or otherwise
amended, the Committee will work to ensure the IC implements
the cuts as wisely as possible. In today's challenging budget
environment, it is vital for the Committee to conduct close
oversight and scrutinize whether every dollar authorized for
intelligence is necessary and is being used as intended by the
Congress.
The legislative provisions that the Committee and Congress
consider each year are comprised of changes to statute that
better enable the Community to conduct its important mission
and strengthen oversight mechanisms where needed as a result of
the Committee's oversight throughout the year.
As most of the intelligence 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 to
address insider threats and improve personnel security
programs. The annex also includes a five-point budget framework
to: (1) curb personnel growth; (2) find major operating
efficiencies; (3) make only the best value investments; (4)
deliver acquisitions on cost and on schedule; and (5) protect
research and technology. By following this framework, the IC
can achieve maximum operational effectiveness in a flat or
declining budget environment.
Personnel and Information Security Reforms
This year, massive unauthorized disclosures of classified
information caused immense damage to our national security. The
Intelligence Community might have been able to prevent those
unauthorized disclosures if it continuously evaluated the
backgrounds of employees and contractors and if IC elements had
more effectively shared potentially derogatory information
about employees and contractors with each other.
Section 303 of the bill requires the Director of National
Intelligence to ensure that all IC elements continuously
determine whether their employees and contractors are eligible
for access to classified information. Continuous evaluation
allows the IC to take advantage of lawfully available
government and public information to detect warning signals
that the current system of five-year periodic reinvestigation
misses. That information might include: foreign travel; reports
of foreign contacts; financial disclosure information; checks
of criminal, commercial marketing, and credit databases; and
other appropriate publicly available information. By adopting
continuous evaluation, a smaller number of cause-based and
random reinvestigations can supplement and, over the long-term,
replace, arbitrary periodic reinvestigations in the IC.
An effective continuous evaluation system also requires
different elements of the IC to share information with each
other in a timely fashion. Section 303 therefore also directs
the DNI to develop procedures that require IC elements to share
information that may impact the eligibility of employees or
contractors for a security clearance with each other.
Contractors pose a unique information security challenge
for the IC. Section 304 of the bill addresses that challenge by
requiring the DNI to ensure that all IC contractors with access
to classified information develop and operate security plans
that meet the DNI's information security standards. Compliance
with this requirement will not be left to chance: Every
contract that an IC element signs must contain a clause
requiring the contractor to abide by the DNI's standards. Under
Section 304, the DNI must also ensure that IC contractors with
access to classified networks follow the IC's insider threat
detection policies.
Declassification of bin Laden Documents
Section 309 of the bill requires the DNI to conduct a
declassification review of documents collected in the May 2011
Abbottabad, Pakistan, mission that killed Osama bin Laden. That
seminal moment in American history created an opportunity to
improve public understanding of the threat al-Qaeda and its
affiliates pose to the United States without harming national
security. The cache of documents at bin Laden's compound can
help the public understand the state of al-Qaeda in 2011,
including the group's relationship to Pakistan and Iran, its
role in past terror plots, and the strategic threat to the
United States and its allies. Section 309 therefore requires
the DNI to conduct a declassification review and make public
any documents that are not central to current intelligence
operations, sources, methods, potential criminal
investigations, or other national security interests. The bill
also requires the DNI to brief the Committee about this effort
and to explain why any of the documents must remain classified.
Committee Consideration and Rollcall Votes
On November 21, 2013, the Committee met in open and closed
session and ordered the bill H.R. 3381 favorably reported, as
amended.
OPEN SESSION
In open session, the Committee considered the text of the
bill H.R. 3381. Chairman Rogers offered an amendment in the
nature of a substitute to H.R. 3381. The contents of the
amendment in the nature of a substitute are described in the
Section-by-Section analysis and the Explanation of Amendment.
Ms. Schakowsky offered an amendment to the amendment in the
nature of a substitute that would require the President to
create a plan to respond to the unauthorized disclosure of
covert actions. The amendment was agreed to by a voice vote.
Mr. Langevin offered an amendment to the amendment in the
nature of a substitute that would require the DNI to create a
plan to encourage cybersecurity and computer literacy among
high school and university students. The amendment was agreed
to by a voice vote.
Ms. Sewell offered an amendment to the amendment in the
nature of a substitute that would allow the Coast Guard to
spend National Intelligence Program (NIP) funds on official
representation items in support of the Coast Guard attache
program. The amendment was agreed to by a voice vote.
Ms. Schakowsky offered an amendment to the amendment in the
nature of a substitute to prohibit lethal action against an
individual if the U.S. Government does not know the identity of
that individual with a near certainty. The Committee postponed
further proceedings on the amendment.
Mr. Schiff offered an amendment to the amendment in the
nature of a substitute to require the formation of an
independent analysis team to evaluate the information that
serves as the basis for using targeted lethal force against a
U.S. person. The Committee postponed further proceedings on the
amendment.
Mr. Schiff offered an amendment to the amendment in the
nature of a substitute to require an annual public report on
casualties from uses of targeted lethal force by remotely
piloted aircraft. The Committee postponed further proceedings
on the amendment.
CLOSED SESSION
Mr. Ruppersberger moved to close the meeting for the
discussion of amendments offered by Ms. Schakowsky and Mr.
Schiff because national security would be endangered if the
matters to be considered were disclosed. The motion was agreed
to by a record vote of 20 ayes to 0 noes:
Voting aye: Mr. Rogers (chairman), Mr. Thornberry, Mr.
Miller, Mr. Conaway, 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. Gutierrez, Mr. Pastor, Mr. Himes, Ms. Sewell.
Voting no: None.
After debate on the amendments offered by Ms. Schakowsky
and Mr. Schiff, the Committee returned to open session by
unanimous consent.
OPEN SESSION
The Committee rejected the amendment by Ms. Schakowsky to
prohibit lethal action against an individual if the U.S.
Government does not know the identity of that individual with a
near certainty by a record vote of 3 ayes to 17 noes.
Voting aye: Ms. Schakowsky, Mr. Gutierrez, Mr. Pastor.
Voting no: Mr. Rogers (chairman), Mr. Thornberry, Mr.
Miller, Mr. Conaway, Mr. King, Mr. LoBiondo, Mr. Nunes, Mr.
Westmoreland, Mrs. Bachmann, Mr. Rooney, Mr. Heck, Mr.
Ruppersberger, Mr. Thompson, Mr. Langevin, Mr. Schiff, Mr.
Himes, Ms. Sewell.
Mr. Schiff withdrew his amendment to require the formation
of an independent analysis team to evaluate the information
that serves as the basis for using targeted lethal force
against a U.S. person.
The Committee rejected the amendment by Mr. Schiff to
require an annual public report on casualties from uses of
targeted lethal force by remotely piloted aircraft by a record
vote of 5 ayes to 15 noes.
Voting aye: Mr. Schiff, Ms. Schakowsky, Mr. Gutierrez, Mr.
Pastor, Mr. Himes.
Voting no: Mr. Rogers (chairman), Mr. Thornberry, Mr.
Miller, Mr. Conaway, Mr. King, Mr. LoBiondo, Mr. Nunes, Mr.
Westmoreland, Mrs. Bachmann, Mr. Rooney, Mr. Heck, Mr.
Ruppersberger, Mr. Thompson, Mr. Langevin, Ms. Sewell.
The amendment in the nature of a substitute as amended was
agreed to by a voice vote.
CLOSED SESSION
Mr. Ruppersberger moved to close the meeting for
consideration of the classified Schedule of Authorizations
because national security would be endangered if the matters to
be considered were disclosed. The motion was agreed to by a
record vote of 20 ayes to 0 noes:
Voting aye: Mr. Rogers (chairman), Mr. Thornberry, Mr.
Miller, Mr. Conaway, 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. Gutierrez, Mr. Pastor, Mr. Himes, Ms. Sewell.
Voting no: None.
Mr. Rooney offered an amendment to the classified Schedule
of Authorizations (annex) that was adopted by a voice vote.
Mr. Langevin offered an amendment to the classified
Schedule of Authorizations (annex) that was adopted by a voice
vote.
Schedule of Authorizations. 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. 3381 to the House, as amended,
including by reference the classified schedule of
authorizations. The motion was agreed to by voice vote
Section-by-Section Analysis and Explanation of Amendment
Section 1--Short Title and Table of Contents
Section 1 contains the short title for the bill and the
Table of Contents.
TITLE I--INTELLIGENCE ACTIVITIES
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.
Section 103--Personnel Ceiling Adjustments
Section 103 authorizes the DNI to make certain increases to
the authorized personnel levels for 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. It further requires the DNI to
establish guidelines that govern the treatment of personnel
levels, including exemption from levels for details, joint-
duty, long-term full-time training, students, and trainee
programs or similar programs.
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 (CIA) Retirement and Disability System.
TITLE III--GENERAL PROVISIONS
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 funds in
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--Continuous Evaluation and Sharing of Derogatory
Information Regarding Personnel with Access to Classified
Information
Section 303 amends the National Security Act of 1947 to
require the Director of National Intelligence to ensure that
all IC elements continuously determine whether their employees
and contractors meet the requirements for eligibility for
access to classified information
Section 304--Requirements for Intelligence Community Contractors
Section 304 requires the DNI to ensure that contractors
have in place security plans consistent with DNI standards for
handling classified information. It also requires the DNI to
ensure insider threat detection capabilities of the IC apply to
contractors with access to classified information.
Section 305--Repeal or Modification of Certain Reporting Requirements
Section 305 repeals or modifies various intelligence
community reporting requirements.
Section 306--Clarification of Exemption from Freedom of Information Act
of Identities of Employees Submitting Complaints to the
Inspector General of the Intelligence Community
Section 306 modifies the National Security Act of 1947 to
exempt the identity of employees who submit complaints to the
Inspector General of the Intelligence Community from disclosure
under the Freedom of Information Act.
Section 307--Plans To Respond to Unauthorized Disclosures of Covert
Actions
Section 307 requires the President to establish a written
plan for how to respond to an unauthorized disclosure of each
type of activity within a covert action program.
Section 308--Official Representation Items in Support of the Coast
Guard Attache Program
Section 308 allows the Coast Guard to spend National
Intelligence Program (NIP) funds on official representation
items in support of its attache program.
Section 309--Declassification Review of Certain Items Collected During
the Mission that Killed Osama bin Laden on May 1, 2011
Section 309 requires the Director of National Intelligence
to perform a declassification review of documents collected in
Abbottabad, Pakistan, during the mission that killed Osama bin
Laden on May 1, 2011, and to release the declassified results
of that review. It also requires the DNI to report to the
congressional intelligence committees a justification for why
any of those documents must remain classified.
Section 310--Report on Electronic Waste
Section 310 requires the Director of National Intelligence
to prepare a report on the extent to which the Intelligence
Community has implemented the recommendations of a May 2013
Inspector General of the Intelligence Community report on
electronic waste disposal practices.
Section 311--Plan To Encourage and Promote Cybersecurity and Computer
Literacy Among Students
Section 311 requires the Director of National Intelligence
to create a plan to promote cybersecurity and computer literacy
among high school and university students. The plan must
include cost estimates and strategies for offering internships
TITLE IV--TECHNICAL AMENDMENTS
Section 401--Technical Amendments to the Central Intelligence Agency
Act of 1949
Section 401 corrects an erroneous reference to ``section
a'' to properly reflect ``subsection a.'' Section 401 also
corrects a punctuation error.
Section 402--Technical Amendments to the National Security Act of 1947
Relating to the Past Elimination of Certain Positions
Section 402 removes references to two positions (the
Director for Mutual Security and the Chairman of the National
Security Resources Board) from the National Security Council
statute because the entities no longer exist.
Section 403--Technical Amendments to the Intelligence Authorization Act
for Fiscal Year 2013
Section 403 makes technical corrections to the FY 13
Intelligence Authorization Act to correctly refer to a
paragraph, and to correct references that were amended in that
bill.
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.
3381. The bill, as reported by the Committee, reflects
conclusions reached by the Committee in light of this oversight
activity.
General Performance Goals and Objectives
The goals and objectives of H.R. 3381 are to authorize the
intelligence and intelligence-related activities of the United
States Government for Fiscal Year 2014. These activities
enhance the national security of the United States, support and
assist the armed forces of the United States, and support the
President in the execution of the foreign policy of the United
States.
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.
Disclosure of Directed Rule Making
H.R. 3381 does not specifically direct any rule makings
within the meaning of 5 U.S.C. 551.
Duplication of Federal Programs
H.R. 3381 does not duplicate or reauthorize an established
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 25, 2013.
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. 3381, the
Intelligence Authorization Act for Fiscal Year 2014.
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. 3381--Intelligence Authorization Act for Fiscal Year 2014
H.R. 3381 would authorize appropriations for fiscal year
2014 for intelligence activities of the U.S. government. CBO
does not provide estimates for classified programs; thus, this
estimate addresses only the unclassified aspects of the bill.
On that limited basis, and assuming appropriation of the
authorized amounts, CBO estimates that implementing the
unclassified provisions of H.R. 3381 would cost $595 million
over the 2014-2018 period. Pay-as-you-go procedures do not
apply to this legislation because enacting it would not affect
direct spending or revenues.
Section 104 would authorize the appropriation of $601
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. Based on historical patterns, CBO
estimates that implementing this section would cost about $400
million in 2014 and $595 million over the 2014-2018 period,
assuming the appropriation of the authorized amount.
Section 201 would authorize the appropriation of $514
million for the Central Intelligence Agency Retirement and
Disability System, which is a retirement and disability program
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.
H.R. 3381 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, Deputy Assistant
Director for Budget Analysis.
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''.
TABLE OF CONTENTS
* * * * * * *
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 I--COORDINATION FOR NATIONAL SECURITY
national security council
Sec. 101. (a) There is hereby established a council to be
known as the National Security Council (thereinafter in this
section referred to as the ``Council'').
The President of the United States shall preside over
meetings of the Council: Provided, That in his absence he may
designate a member of the Council to preside in his place.
The function of the Council shall be to advise the President
with respect to the integration of domestic, foreign, and
military policies relating to the national security so as to
enable the military services and the other departments and
agencies of the Government to cooperate more effectively in
matters involving the national security.
The Council shall be composed of
(1) * * *
* * * * * * *
(5) the Secretary of Energy[;]; and
[(6) the Director for Mutual Security;
[(7) the Chairman of the National Security Resources
Board; and]
[(8)] (6) The Secretaries and Under Secretaries of
other executive departments and the military
departments, [the Chairman of the Munitions Board, and
the Chairman of the Research and Development Board,]
when appointed by the President by and with the advice
and consent of the Senate, to serve at his pleasure.
* * * * * * *
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.
* * * * * * *
(j) Uniform Procedures for [Sensitive Compartmented
Information] Classified Information.--The Director of National
Intelligence, subject to the direction of the President,
shall--
(1) * * *
* * * * * * *
(3) ensure that security clearances granted by
individual elements of the intelligence community are
recognized by all elements of the intelligence
community, and under contracts entered into by those
agencies[; and];
(4) ensure that the process for investigation and
adjudication of an application for access to sensitive
compartmented information is performed in the most
expeditious manner possible consistent with applicable
standards for national security[.];
(5) ensure that the background of each employee or
officer of an element of the intelligence community,
each contractor to an element of the intelligence
community, and each individual employee of such a
contractor who has been determined to be eligible for
access to classified information is monitored on a
continual basis under standards developed by the
Director, including with respect to the frequency of
evaluation, during the period of eligibility of such
employee or officer of an element of the intelligence
community, such contractor, or such individual employee
to such a contractor to determine whether such employee
or officer of an element of the intelligence community,
such contractor, and such individual employee of such a
contractor continues to meet the requirements for
eligibility for access to classified information; and
(6) develop procedures to require information sharing
between elements of the intelligence community
concerning potentially derogatory security information
regarding an employee or officer of an element of the
intelligence community, a contractor to an element of
the intelligence community, or an individual employee
of such a contractor that may impact the eligibility of
such employee or officer of an element of the
intelligence community, such contractor, or such
individual employee of such a contractor for a security
clearance.
* * * * * * *
(x) Requirements for Intelligence Community Contractors.--The
Director of National Intelligence, in consultation with the
head of each department of the Federal Government that contains
an element of the intelligence community and the Director of
the Central Intelligence Agency, shall--
(1) ensure that--
(A) any contractor to an element of the
intelligence community with access to a
classified network or classified information
develops and operates a security plan that is
consistent with standards established by the
Director of National Intelligence for
intelligence community networks; and
(B) each contract awarded by an element of
the intelligence community includes provisions
requiring the contractor comply with such plan
and such standards;
(2) conduct periodic assessments of each security
plan required under paragraph (1)(A) to ensure such
security plan complies with the requirements of such
paragraph; and
(3) ensure that the insider threat detection
capabilities and insider threat policies of the
intelligence community apply to facilities of
contractors with access to a classified network.
* * * * * * *
inspector general of the intelligence community
Sec. 103H. (a) * * *
* * * * * * *
(g) Authorities.--(1) * * *
* * * * * * *
(3) The Inspector General is authorized to receive and
investigate, pursuant to subsection (h), complaints or
information from any person concerning the existence of an
activity within the authorities and responsibilities of the
Director of National Intelligence constituting a violation of
laws, rules, or regulations, or mismanagement, gross waste of
funds, abuse of authority, or a substantial and specific danger
to the public health and safety. Once such complaint or
information has been received from an employee of the
intelligence community--
(A) the Inspector General shall not disclose the
identity of the employee without the consent of the
employee, unless the Inspector General determines that
such disclosure is unavoidable during the course of the
investigation or the disclosure is made to an official
of the Department of Justice responsible for
determining whether a prosecution should be
undertaken[; and];
(B) the identity of the employee shall be exempt from
disclosure under section 552 of title 5, United States
Code (commonly referred to as the ``Freedom of
Information Act''), in accordance with subsection
(b)(3) of such section; and
[(B)] (C) no action constituting a reprisal, or
threat of reprisal, for making such complaint or
disclosing such information to the Inspector General
may be taken by any employee in a position to take such
actions, unless the complaint was made or the
information was disclosed with the knowledge that it
was false or with willful disregard for its truth or
falsity.
* * * * * * *
[additional annual reports from the director of national intelligence]
annual report on hiring and retention of minority employees
Sec. 114. [(a) 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)] subparagraphs (A) and (B),
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.
[(b) 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.]
* * * * * * *
TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
* * * * * * *
presidential approval and reporting of covert actions
Sec. 503. (a) * * *
* * * * * * *
(h) For each type of activity undertaken as part of a covert
action, the President shall establish in writing a plan to
respond to the unauthorized public disclosure of that type of
activity.
* * * * * * *
dates for submittal of various annual and semiannual reports to the
congressional intelligence committees
Sec. 507. (a) Annual Reports.--[(1) The date] 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)] (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.
[(B)] (2) 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)).
[(C)] (3) 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)).
[(D)] (4) The annual report on hiring and retention
of minority employees in the intelligence community
required by section 114(a).
[(E)] (5) The annual report on outside employment of
employees of elements of the intelligence community
required by section 102A(u)(2).
[(F)] (6) 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 annual report on the
threat of attack on the United States from weapons of
mass destruction required by section 114(b) shall be
the date each year provided in subsection (c)(1)(B).]
* * * * * * *
(c) Submittal Dates for Reports.--(1)[(A) Except] 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.]
* * * * * * *
(d) Postponement of Submittal.--(1) Subject to paragraph (3),
the date for the submittal of--
(A) an annual report listed in [subsection (a)(1)]
subsection (a) may be postponed until March 1; and
[(B) an annual report listed in subsection (a)(2) may
be postponed until January 1; and]
[(C)] (B) a semiannual report listed in subsection
(b) may be postponed until March 1 or September 1, as
the case may be,
if the official required to submit such report submits to the
congressional intelligence committees a written notification of
such postponement.
* * * * * * *
----------
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.
* * * * * * *
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
* * * * * * *
central services program
Sec. 21. (a) * * *
(b) Participation of Agency Elements.--(1) In order to carry
out the program, the Director shall--
(A) * * *
* * * * * * *
(D) authorize such providers to make known their
services to the entities specified in [section (a)]
subsection (a) through Government communication
channels.
* * * * * * *
(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, recyclable materials, or property of a
central service [provider.] provider as a result of
activities under the program.
* * * * * * *
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INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2013
* * * * * * *
TITLE V--OTHER MATTERS
* * * * * * *
SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE AGENCY.
[Section 606(5)] paragraph (5) of section 605 of the National
Security Act of 1947 (50 U.S.C. 426), as redesignated by
section 310(a)(4)(B) of this act, is amended to read as
follows:
``(5) The term `intelligence agency' means the
elements of the intelligence community, as that term is
defined in section 3(4).''.
* * * * * * *
MINORITY VIEWS
The Intelligence Authorization Act is one of the most
important bills the House passes each year. It provides U.S.
intelligence professionals with the critical resources,
capabilities and authorities they need to safeguard the nation,
while ensuring that the Intelligence Committee can continue to
conduct rigorous oversight of even the most sensitive programs
on behalf of the American people.
This year's Intelligence Authorization Act is also fiscally
responsible. By curbing personnel growth and achieving major
operating efficiencies, the Act provides funding at levels
below those which the President requested, while increasing
funds for urgent priorities such as countering insider threats,
prioritizing collection against our greatest security risks,
and enhancing our counterintelligence programs.
Furthermore, the FY 14 Intelligence Authorization Act
continues to remove barriers to competition in space; it
advances technologies to enhance U.S. satellite capabilities;
contains measures to improve security clearance processes and
portability among agencies; and makes continuous monitoring of
those with active clearances a reality.
While this Act contains no reforms to the Foreign
Intelligence Surveillance Act, the Minority Members are
committed to continuing to work on reforms in a separate bill
to enhance transparency and privacy while retaining critical
national security capabilities.
The Intelligence Committee strives to operate in a bi-
partisan manner, which was again evident with this Act.
Minority Members offered important provisions that were
incorporated into the Chairman's mark including a provision to
ensure the work at the National Gang Intelligence Center
continues as well as a provision to enhance our cutting edge
satellite technology. The Minority Members also offered
amendments which were adopted during the mark-up, including
provisions to:
Require a written plan for each program
undertaken as part of a covert action to address any
potential unauthorized public disclosure of it;
Require the Director of National
Intelligence to provide the Intelligence Committees
with a plan to harness ongoing efforts and establish a
national program to conduct competitions and challenges
in cybersecurity and information technology-related
areas, as well as to offer internships at Intelligence
Community agencies; and
Authorize the U.S. Coast Guard Attache
program to use the funds made available to it by the
National Intelligence Program for official
representation items.
Provisions offered by Minority Members also led to vigorous
and principled debate. Minority Members have and will continue
to ensure these topics receive thorough consideration and
discussion. These provisions include measures to:
Ban so-called signature strikes;
Require an independent alternative analysis
any time the U.S. Government is contemplating taking
lethal action against a U.S. person who is engaging in
international terrorism against the U.S.; and
Require an annual, unclassified report on
the total number of combatants, noncombatant civilians
and total number of individuals killed or injured by
the use of targeted lethal force launched from unmanned
aerial vehicles.
This bi-partisan bill passed out of Committee by voice
vote. Ms. Schakowsky voted against the Act because of her
opposition to the so-called signature strikes. She also
believes the Act should have required an independent
alternative analysis prior to striking a U.S. person.
If enacted, this Intelligence Authorization Act would be
the fifth intelligence bill in a row signed into law.
C. A. Dutch Ruppersberger.
Janice D. Schakowsky.
Adam B. Schiff.
Ed Pastor.
Terri A. Sewell.
Mike Thompson.
James R. Langevin.
Luis V. Gutierrez.
