[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3454 Enrolled Bill (ENR)]
S.3454
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To authorize appropriations for fiscal year 2013 for intelligence and
intelligence-related activities of the United States Government and the
Office of the Director of National Intelligence, the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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TITLE III

-GENERAL INTELLIGENCE COMMUNITY MATTERS

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Research and Development Programs of the United States
Intelligence Community.

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TITLE V

-OTHER MATTERS

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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)).

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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.

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TITLE I

-BUDGET AND PERSONNEL 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 S.
3454 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.--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.
415c);
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.

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(a) Authority for Increases.--The Director of National Intelligence
may authorize the employment of civilian personnel in excess of the
number of positions for fiscal year 2013 authorized 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 section for such element.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long term, full-time training.
(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 the initial exercise of
an authority described in subsection (a).

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(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
$540,721,000. 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 835 positions 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).

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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.

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TITLE II

-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

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.

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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.

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Section 113A of the National Security Act of 1947 (50 U.S.C. 404h-
1) is amended--
(1) by striking ``two years.'' and inserting ``three years.'';
and
(2) by adding at the end ``A non-reimbursable detail made under
this section shall not be considered an augmentation of the
appropriations of the receiving element of the intelligence
community.''.

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Section 402 of the Intelligence Authorization Act for Fiscal Year
2011 (Public Law 112-18; 50 U.S.C. 403-1 note) is amended--
(1) in subsection (a), by striking ``October 1, 2012,'' and
inserting ``October 1, 2013,''; and
(2) in subsection (b), by striking ``October 1, 2013,'' and
inserting ``October 1, 2014,''.

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(a) In General.--Not later than 120 days after the date of the
enactment of this Act, each chief information officer for an element of
the intelligence community, in consultation with the Chief Information
Officer of the Intelligence Community, shall--
(1) conduct an inventory of software licenses held by such
element, including utilized and unutilized licenses; and
(2) report the results of such inventory to the Chief
Information Officer of the Intelligence Community.
(b) Reporting to Congress.--The Chief Information Officer of the
Intelligence Community shall--
(1) not later than 180 days after the date of the enactment of
this Act, provide to the congressional intelligence committees a
copy of each report received by the Chief Information Officer under
subsection (a)(2), along with any comments the Chief Information
Officer wishes to provide; and
(2) transmit any portion of a report submitted under paragraph
(1) involving a component of a department of the United States
Government to the committees of the Senate and of the House of
Representatives with jurisdiction over such department
simultaneously with submission of such report to the congressional
intelligence committees.

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(a) Strategy.--The President shall develop a strategy and a
schedule 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 schedule 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 schedule developed under subsection (a).

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COMPLIANCE.
(a) Plan for Compliance.--
(1) In general.--The Director of National Intelligence, the
Director of the Central Intelligence Agency, the Director of the
Defense Intelligence Agency, the Director of the National
Geospatial-Intelligence Agency, and the Director of the National
Security Agency shall each develop a corrective action plan, with
major milestones, that delineates how the Office of the Director of
National Intelligence and each such Agency will achieve compliance,
not later than September 30, 2013, with the Improper Payments
Elimination and Recovery Act of 2010 (Public Law 111-204; 124 Stat.
2224), and the amendments made by that Act.
(2) Submission to congress.--Not later than 45 days after the
date of the enactment of this Act--
(A) each Director referred to in paragraph (1) shall submit
to the congressional intelligence committees the corrective
action plan required by such paragraph; and
(B) the Director of the Defense Intelligence Agency, the
Director of the National Geospatial-Intelligence Agency, and
the Director of the National Security Agency shall each submit
to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives the
corrective action plan required by paragraph (1) with respect
to the applicable Agency.
(b) Review by Inspectors General.--
(1) In general.--Not later than 45 days after the completion of
a corrective action plan required by subsection (a)(1), the
Inspector General of each Agency required to develop such a plan,
and in the case of the Director of National Intelligence, the
Inspector General of the Intelligence Community, shall provide to
the congressional intelligence committees an assessment of such
plan that includes--
(A) the assessment of the Inspector General of whether such
Agency or Office is or is not likely to reach compliance with
the requirements of the Improper Payments Elimination and
Recovery Act of 2010 (Public Law 111-204; 124 Stat. 2224), and
the amendments made by that Act, by September 30, 2013; and
(B) the basis of the Inspector General for such assessment.
(2) Additional submission of reviews of certain inspectors
general.--Not later than 45 days after the completion of a
corrective action plan required by subsection (a)(1), the Inspector
General of the Defense Intelligence Agency, the Inspector General
of the National Geospatial-Intelligence Agency, and the Inspector
General of the National Security Agency shall each submit to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives the assessment of
the applicable plan provided to the congressional intelligence
committees under paragraph (1).

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Not later than October 1, 2013, the Director of National
Intelligence shall submit to the congressional intelligence committees
a report assessing the method by which contractors at any tier under a
contract entered into with an element of the intelligence community are
granted security clearances and notified of classified contracting
opportunities within the Federal Government and recommendations for the
improvement of such method. Such report shall include--
(1) an assessment of the current method by which contractors at
any tier under a contract entered into with an element of the
intelligence community are notified of classified contracting
opportunities;
(2) an assessment of any problems that may reduce the overall
effectiveness of the ability of the intelligence community to
identify appropriate contractors at any tier under such a contract;
(3) an assessment of the role the existing security clearance
process has in enhancing or hindering the ability of the
intelligence community to notify such contractors of contracting
opportunities;
(4) an assessment of the role the current security clearance
process has in enhancing or hindering the ability of contractors at
any tier under a contract entered into with an element of the
intelligence community to execute classified contracts;
(5) a description of the method used by the Director of
National Intelligence for assessing the effectiveness of the
notification process of the intelligence community to produce a
talented pool of subcontractors;
(6) a description of appropriate goals, schedules, milestones,
or metrics used to measure the effectiveness of such notification
process; and
(7) recommendations for improving such notification process.

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(a) Inspector General of the Intelligence Community.--Section
103H(k)(1)(A) of the National Security Act of 1947 (50 U.S.C. 403-
3h(k)(1)(A)) is amended--
(1) by striking ``January 31 and July 31'' and inserting
``October 31 and April 30''; and
(2) by striking ``December 31 (of the preceding year) and June
30,'' and inserting ``September 30 and March 31,''.
(b) Inspector General for the Central Intelligence Agency.--
(1) In general.--Section 17(d)(1) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is amended--
(A) by striking ``January 31 and July 31'' and inserting
``October 31 and April 30'';
(B) by striking ``December 31 (of the preceding year) and
June 30,'' and inserting ``September 30 and March 31,''; and
(C) by striking ``Not later than the dates each year
provided for the transmittal of such reports in section 507 of
the National Security Act of 1947,'' and inserting ``Not later
than 30 days after the date of the receipt of such reports,''.
(2) Conforming amendments.--Section 507(b) of the National
Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2), (3), and (4), as
paragraphs (1), (2), and (3), respectively.

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(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) 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) by striking subsections (a) and (d); and
(B) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(3) Intelligence community business systems budget
information.--Section 506D of the National Security Act of 1947 (50
U.S.C. 415a-6) is amended by striking subsection (e).
(4) 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) Technical and 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) in paragraph (1)--
(I) by striking subparagraphs (A), (C), and (D);
(II) by redesignating subparagraphs (B), (E), (F),
(G), (H), and (I) as subparagraphs (A), (B), (C), (D),
(E), and (F), respectively; and
(III) in subparagraph (D), as so redesignated, by
striking ``section 114(c).'' and inserting ``section
114(a).''; and
(ii) by amending paragraph (2) to read as follows:
``(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).'';
(B) in subsection (c)(1)(B), by striking ``each'' and
inserting ``the''; and
(C) in subsection (d)(1)(B), by striking ``an'' and
inserting ``the''.
(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 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.''.

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Section 21 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403u) is amended as follows:
(1) In subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and'' at the
end;
(ii) in subparagraph (C), by striking ``program.'' and
inserting ``program; and''; and
(iii) by adding at the end the following:
``(D) authorize such providers to make known their services to
the entities specified in section (a) through Government
communication channels.''; and
(B) by adding at the end the following:
``(3) The authority in paragraph (1)(D) does not include the
authority to distribute gifts or promotional items.''; and
(2) in subsection (c)--
(A) in paragraph (2)(E), by striking ``from the sale or
exchange of equipment or property of a central service
provider'' and inserting ``from the sale or exchange of
equipment, recyclable materials, or property of a central
service provider.''; and
(B) in paragraph (3)(B), by striking ``subsection (f)(2)''
and inserting ``subsections (b)(1)(D) and (f)(2)''.

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TITLE IV

-MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY

There is established within the Department of Homeland Security a
Homeland Security Intelligence Program. The Homeland Security
Intelligence Program constitutes the intelligence activities of the
Office of Intelligence and Analysis of the Department that serve
predominantly departmental missions.

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RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES
INTELLIGENCE COMMUNITY.
Section 1007(a) 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,''.

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UNITED STATES.
(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 that--
(1) identifies foreign suppliers of information technology
(including equipment, software, and services) that are linked
directly or indirectly to a foreign government, including--
(A) by ties to the military forces of a foreign government;
(B) by ties to the intelligence services of a foreign
government; or
(C) by being the beneficiaries of significant low interest
or no interest loans, loan forgiveness, or other support by a
foreign government; and
(2) assesses the vulnerability to malicious activity, including
cyber crime or espionage, of the telecommunications networks of the
United States due to the presence of technology produced by
suppliers identified under paragraph (1).
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(c) Telecommunications Networks of the United States Defined.--In
this section, the term ``telecommunications networks of the United
States'' includes--
(1) telephone systems;
(2) Internet systems;
(3) fiber optic lines, including cable landings;
(4) computer networks; and
(5) smart grid technology under development by the Department
of Energy.

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OF NATIONAL INTELLIGENCE.
(a) Notification.--In the event of an authorized disclosure of
national intelligence or intelligence related to national security to
the persons or entities described in subsection (b), the government
official responsible for authorizing the disclosure shall submit to the
congressional intelligence committees on a timely basis a notification
of the disclosure if--
(1) at the time of the disclosure--
(A) such intelligence is classified; or
(B) is declassified for the purpose of the disclosure; and
(2) the disclosure will be made by an officer, employee, or
contractor of the Executive branch.
(b) Persons or Entities Described.--The persons or entities
described in this subsection are as follows:
(1) Media personnel.
(2) Any person or entity, if the disclosure described in
subsection (a) is made with the intent or knowledge that such
information will be made publicly available.
(c) Content.--Each notification required under subsection (a)
shall--
(1) provide the specific title and authority of the individual
authorizing the disclosure;
(2) if applicable, provide the specific title and authority of
the individual who authorized the declassification of the
intelligence disclosed; and
(3) describe the intelligence disclosed, including the
classification of the intelligence prior to its disclosure or
declassification and the rationale for making the disclosure.
(d) Exception.--The notification requirement in this section does
not apply to a disclosure made--
(1) pursuant to any statutory requirement, including to section
552 of title 5, United States Code (commonly referred to as the
``Freedom of Information Act'');
(2) in connection with a civil, criminal, or administrative
proceeding;
(3) as a result of a declassification review process under
Executive Order 13526 (50 U.S.C. 435 note) or any successor order;
or
(4) to any officer, employee, or contractor of the Federal
government or member of an advisory committee to an element of the
intelligence community who possesses an active security clearance
and a need to know the specific national intelligence or
intelligence related to national security, as defined in section
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)).
(e) Sunset.--The notification requirements of this section shall
cease to be effective for any disclosure described in subsection (a)
that occurs on or after the date that is one year after the date of the
enactment of this Act.

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DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Personnel Practices.--Section 2302(a)(2)(C) of title 5, United
States Code, is amended by striking clause (ii) and inserting the
following:
``(ii)(I) the Federal Bureau of Investigation, the Central
Intelligence Agency, the Defense Intelligence Agency, the
National Geospatial-Intelligence Agency, the National Security
Agency, the Office of the Director of National Intelligence,
and the National Reconnaissance Office; and
``(II) as determined by the President, any executive agency
or unit thereof the principal function of which is the conduct
of foreign intelligence or counterintelligence activities,
provided that the determination be made prior to a personnel
action; or''.
(b) Senior Executive Service.--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,''.

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AGENCY.
Section 606(5) of the National Security Act of 1947 (50 U.S.C. 426)
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).''.

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The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

b882e7931aa8fa7234c1b95591fed35f10209a29ff9b9fd6d00025ee09ea0441

Intelligence Authorization Act for Fiscal Year 2013 — S. 3454

Other Sections

TITLE III

TITLE V

TITLE I

TITLE II

TITLE IV

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