H. Rept. 112-490 - 112th Congress (2011-2012)
May 22, 2012, As Reported by the Intelligence (Permanent) Committee

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House Report 112-490 - INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2013




[House Report 112-490]
[From the U.S. Government Printing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-490
======================================================================
 
          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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.