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[House Report 113-277]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-277

======================================================================

 
          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2014

                                _______
                                

 November 25, 2013.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Rogers of Michigan, from the Permanent Select Committee on 
                 Intelligence, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 3381]

      [Including cost estimate of the Congressional Budget Office]

    The Permanent Select Committee on Intelligence, to whom was 
referred the bill (H.R. 3381) to authorize appropriations for 
fiscal year 2014 for intelligence and intelligence-related 
activities of the United States Government, the Community 
Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2014''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Continuous evaluation and sharing of derogatory information 
regarding personnel with access to classified information.
Sec. 304. Requirements for intelligence community contractors.
Sec. 305. Repeal or modification of certain reporting requirements.
Sec. 306. Clarification of exemption from Freedom of Information Act of 
identities of employees submitting complaints to the Inspector General 
of the Intelligence Community.
Sec. 307. Plans to respond to unauthorized public disclosures of covert 
actions.
Sec. 308. Official representation items in support of the Coast Guard 
Attache Program.
Sec. 309. Declassification review of certain items collected during the 
mission that killed Osama bin Laden on May 1, 2011.
Sec. 310. Report on electronic waste.
Sec. 311. Plan to encourage and promote cybersecurity and computer 
literacy among students.

                     TITLE IV--TECHNICAL AMENDMENTS

Sec. 401. Technical amendments to the Central Intelligence Agency Act 
of 1949.
Sec. 402. Technical amendments to the National Security Act of 1947 
relating to the past elimination of certain positions.
Sec. 403. Technical amendments to the Intelligence Authorization Act 
for Fiscal Year 2013.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                  (A) the Select Committee on Intelligence of the 
                Senate; and
                  (B) the Permanent Select Committee on Intelligence of 
                the House of Representatives.
          (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  Funds are hereby authorized to be appropriated for fiscal year 2014 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
          (1) The Office of the Director of National Intelligence.
          (2) The Central Intelligence Agency.
          (3) The Department of Defense.
          (4) The Defense Intelligence Agency.
          (5) The National Security Agency.
          (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
          (7) The Coast Guard.
          (8) The Department of State.
          (9) The Department of the Treasury.
          (10) The Department of Energy.
          (11) The Department of Justice.
          (12) The Federal Bureau of Investigation.
          (13) The Drug Enforcement Administration.
          (14) The National Reconnaissance Office.
          (15) The National Geospatial-Intelligence Agency.
          (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

  (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and, subject to section 
103, the authorized personnel ceilings as of September 30, 2014, for 
the conduct of the intelligence activities of the elements listed in 
paragraphs (1) through (16) of section 101, are those specified in the 
classified Schedule of Authorizations prepared to accompany the bill 
H.R. 3381 of the One Hundred Thirteenth Congress.
  (b) Availability of Classified Schedule of Authorizations.--
          (1) Availability to committees of congress.--The classified 
        Schedule of Authorizations referred to in subsection (a) shall 
        be made available to the Committee on Appropriations of the 
        Senate, the Committee on Appropriations of the House of 
        Representatives, and to the President.
          (2) Distribution by the president.--Subject to paragraph (3), 
        the President shall provide for suitable distribution of the 
        classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
          (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                  (A) as provided in section 601(a) of the Implementing 
                Recommendations of the 9/11 Commission Act of 2007 (50 
                U.S.C. 3306(a));
                  (B) to the extent necessary to implement the budget; 
                or
                  (C) as otherwise required by law.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

  (a) Authority for Increases.--With the approval of the Director of 
the Office of Management and Budget, the Director of National 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 2014 by the classified 
Schedule of Authorizations referred to in section 102(a) if the 
Director of National Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed 3 percent of the number of civilian 
personnel authorized under such Schedule for such element.
  (b) Notice to Congressional Intelligence Committees.--The Director of 
National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to each exercise of an 
authority described in subsection (a).

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

  (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2014 the sum of 
$600,874,157. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2015.
  (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 837 full-time or full-time equivalent 
personnel as of September 30, 2014. Personnel serving in such elements 
may be permanent employees of the Office of the Director of National 
Intelligence or personnel detailed from other elements of the United 
States Government.
  (c) Classified Authorizations.--
          (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated for the Intelligence Community 
        Management Account by subsection (a), there are authorized to 
        be appropriated for the Community Management Account for fiscal 
        year 2014 such additional amounts as are specified in the 
        classified Schedule of Authorizations referred to in section 
        102(a). Such additional amounts for advanced research and 
        development shall remain available until September 30, 2015.
          (2) Authorization of personnel.--In addition to the personnel 
        authorized by subsection (b) for elements of the Intelligence 
        Community Management Account as of September 30, 2014, there 
        are authorized such additional personnel for the Community 
        Management Account as of that date as are specified in the 
        classified Schedule of Authorizations referred to in section 
        102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2014 the sum of 
$514,000,000.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
                    LAW.

  Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

  The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 303. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY INFORMATION 
                    REGARDING PERSONNEL WITH ACCESS TO CLASSIFIED 
                    INFORMATION.

  Section 102A(j) of the National Security Act of 1947 (50 U.S.C. 
3024(j)) is amended--
          (1) in the heading, by striking ``Sensitive Compartmented 
        Information'' and inserting ``Classified Information'';
          (2) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
          (3) in paragraph (4), by striking the period and inserting a 
        semicolon; and
          (4) by adding at the end the following new paragraphs:
          ``(5) ensure that the background of each employee or officer 
        of an element of the intelligence community, each contractor to 
        an element of the intelligence community, and each individual 
        employee of such a contractor who has been determined to be 
        eligible for access to classified information is monitored on a 
        continual basis under standards developed by the Director, 
        including with respect to the frequency of evaluation, during 
        the period of eligibility of such employee or officer of an 
        element of the intelligence community, such contractor, or such 
        individual employee to such a contractor to determine whether 
        such employee or officer of an element of the intelligence 
        community, such contractor, and such individual employee of 
        such a contractor continues to meet the requirements for 
        eligibility for access to classified information; and
          ``(6) develop procedures to require information sharing 
        between elements of the intelligence community concerning 
        potentially derogatory security information regarding an 
        employee or officer of an element of the intelligence 
        community, a contractor to an element of the intelligence 
        community, or an individual employee of such a contractor that 
        may impact the eligibility of such employee or officer of an 
        element of the intelligence community, such contractor, or such 
        individual employee of such a contractor for a security 
        clearance.''.

SEC. 304. REQUIREMENTS FOR INTELLIGENCE COMMUNITY CONTRACTORS.

  (a) Requirements.--Section 102A of the National Security Act of 1947 
(50 U.S.C. 3024) is amended by adding at the end the following new 
subsection:
  ``(x) Requirements for Intelligence Community Contractors.--The 
Director of National Intelligence, in consultation with the head of 
each department of the Federal Government that contains an element of 
the intelligence community and the Director of the Central Intelligence 
Agency, shall--
          ``(1) ensure that--
                  ``(A) any contractor to an element of the 
                intelligence community with access to a classified 
                network or classified information develops and operates 
                a security plan that is consistent with standards 
                established by the Director of National Intelligence 
                for intelligence community networks; and
                  ``(B) each contract awarded by an element of the 
                intelligence community includes provisions requiring 
                the contractor comply with such plan and such 
                standards;
          ``(2) conduct periodic assessments of each security plan 
        required under paragraph (1)(A) to ensure such security plan 
        complies with the requirements of such paragraph; and
          ``(3) ensure that the insider threat detection capabilities 
        and insider threat policies of the intelligence community apply 
        to facilities of contractors with access to a classified 
        network.''.
  (b) Applicability.--The amendment made by subsection (a) shall apply 
with respect to contracts entered into or renewed after the date of the 
enactment of this Act.

SEC. 305. REPEAL OR MODIFICATION OF CERTAIN REPORTING REQUIREMENTS.

  (a) Repeal of Report on the Threat of Attack on the United States 
Using Weapons of Mass Destruction.--Section 114 of the National 
Security Act of 1947 (50 U.S.C. 3050) is amended by striking subsection 
(b).
  (b) Modification of Reporting Requirements.--
          (1) Intelligence advisory committees.--Section 410(b) of the 
        Intelligence Authorization Act for Fiscal Year 2010 (50 U.S.C. 
        3309) is amended to read as follows:
  ``(b) Notification of Establishment of Advisory Committee.--The 
Director of National Intelligence and the Director of the Central 
Intelligence Agency shall each notify the congressional intelligence 
committees each time each such Director creates an advisory committee. 
Each notification shall include--
          ``(1) a description of such advisory committee, including the 
        subject matter of such committee;
          ``(2) a list of members of such advisory committee; and
          ``(3) in the case of an advisory committee created by the 
        Director of National Intelligence, the reasons for a 
        determination by the Director under section 4(b)(3) of the 
        Federal Advisory Committee Act (5 U.S.C. App) that an advisory 
        committee cannot comply with the requirements of such Act.''.
          (2) Intelligence information sharing.--Section 102A(g)(4) of 
        the National Security Act of 1947 (50 U.S.C. 3024(g)(4)) is 
        amended to read as follows:
  ``(4) The Director of National Intelligence shall, in a timely 
manner, report to Congress any statute, regulation, policy, or practice 
that the Director believes impedes the ability of the Director to fully 
and effectively ensure maximum availability of access to intelligence 
information within the intelligence community consistent with the 
protection of the national security of the United States.''.
  (c) Conforming Amendments.--The National Security Act of 1947 (50 
U.S.C. 3001 et seq.) is amended--
          (1) in the table of contents in the first section, by 
        striking the item relating to section 114 and inserting the 
        following new item:

``Sec. 114. Annual report on hiring and retention of minority 
employees.'';

          (2) in section 114 (50 U.S.C. 3050)--
                  (A) by amending the heading to read as follows: 
                ``annual report on hiring and retention of minority 
                employees'';
                  (B) by striking ``(a) Annual Report on Hiring and 
                Retention of Minority Employees.--'';
                  (C) by redesignating paragraphs (1) through (5) as 
                subsections (a) through (e), respectively;
                  (D) in subsection (b) (as so redesignated)--
                          (i) by redesignating subparagraphs (A) 
                        through (C) as paragraphs (1) through (3), 
                        respectively; and
                          (ii) in paragraph (2) (as so redesignated)--
                                  (I) by redesignating clauses (i) and 
                                (ii) as subparagraphs (A) and (B), 
                                respectively; and
                                  (II) in the matter preceding 
                                subparagraph (A) (as so redesignated), 
                                by striking ``clauses (i) and (ii)'' 
                                and inserting ``subparagraphs (A) and 
                                (B)''; and
                  (E) in subsection (e) (as redesignated by 
                subparagraph (C) of this paragraph), by redesignating 
                subparagraphs (A) through (C) as paragraphs (1) through 
                (3), respectively; and
          (3) in section 507 (50 U.S.C. 3106)--
                  (A) in subsection (a)--
                          (i) by striking ``(1) The date'' and 
                        inserting ``The date'';
                          (ii) by striking ``subsection (c)(1)(A)'' and 
                        inserting ``subsection (c)(1)'';
                          (iii) by striking paragraph (2); and
                          (iv) by redesignating subparagraphs (A) 
                        through (F) as paragraphs (1) through (6), 
                        respectively;
                  (B) in subsection (c)(1)--
                          (i) by striking ``(A) Except'' and inserting 
                        ``Except''; and
                          (ii) by striking subparagraph (B); and
                  (C) in subsection (d)(1)--
                          (i) in subparagraph (A)--
                                  (I) by striking ``subsection (a)(1)'' 
                                and inserting ``subsection (a)''; and
                                  (II) by inserting ``and'' after 
                                ``March 1;'';
                          (ii) by striking subparagraph (B); and
                          (iii) by redesignating subparagraph (C) as 
                        subparagraph (B).

SEC. 306. CLARIFICATION OF EXEMPTION FROM FREEDOM OF INFORMATION ACT OF 
                    IDENTITIES OF EMPLOYEES SUBMITTING COMPLAINTS TO 
                    THE INSPECTOR GENERAL OF THE INTELLIGENCE 
                    COMMUNITY.

  Section 103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 
3033(g)(3)) is amended--
          (1) in subparagraph (A), by striking ``; and'' and inserting 
        a semicolon;
          (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
          (3) by inserting after subparagraph (A), the following new 
        subparagraph:
          ``(B) the identity of the employee shall be exempt from 
        disclosure under section 552 of title 5, United States Code 
        (commonly referred to as the `Freedom of Information Act'), in 
        accordance with subsection (b)(3) of such section; and''.

SEC. 307. PLANS TO RESPOND TO UNAUTHORIZED PUBLIC DISCLOSURES OF COVERT 
                    ACTIONS.

  Section 503 of the National Security Act of 1947 (50 U.S.C. 3093) is 
amended by adding at the end the following new subsection:
  ``(h) For each type of activity undertaken as part of a covert 
action, the President shall establish in writing a plan to respond to 
the unauthorized public disclosure of that type of activity.''.

SEC. 308. OFFICIAL REPRESENTATION ITEMS IN SUPPORT OF THE COAST GUARD 
                    ATTACHE PROGRAM.

  Notwithstanding any other limitation on the amount of funds that may 
be used for official representation items, the Secretary of Homeland 
Security may use funds made available to the Secretary through the 
National Intelligence Program for necessary expenses for the operation 
and maintenance of the Coast Guard for official representation items in 
support of the Coast Guard Attache Program.

SEC. 309. DECLASSIFICATION REVIEW OF CERTAIN ITEMS COLLECTED DURING THE 
                    MISSION THAT KILLED OSAMA BIN LADEN ON MAY 1, 2011.

  Not later than 120 days after the date of the enactment of this Act, 
the Director of National Intelligence shall--
          (1) in the manner described in the classified annex to this 
        Act, complete a declassification review of documents collected 
        in Abbottabad, Pakistan, during the mission that killed Osama 
        bin Laden on May 1, 2011;
          (2) make publicly available any information declassified as a 
        result of the declassification review required under paragraph 
        (1); and
          (3) report to the congressional intelligence committees--
                  (A) the results of the declassification review 
                required under paragraph (1); and
                  (B) a justification for not declassifying any 
                information required to be included in such 
                declassification review that remains classified.

SEC. 310. REPORT ON ELECTRONIC WASTE.

  (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the extent to which 
the intelligence community has implemented the recommendations of the 
Inspector General of the Intelligence Community contained in the report 
entitled ``Study of Intelligence Community Electronic Waste Disposal 
Practices'' issued in May 2013. Such report shall include an assessment 
of the extent to which the policies, standards, and guidelines of the 
intelligence community governing the proper disposal of electronic 
waste are applicable to covered commercial electronic waste that may 
contain classified information.
  (b) Definitions.--In this section:
          (1) Covered commercial electronic waste.--The term ``covered 
        commercial electronic waste'' means electronic waste of a 
        commercial entity that contracts with an element of the 
        intelligence community.
          (2) Electronic waste.--The term ``electronic waste'' includes 
        any obsolete, broken, or irreparable electronic device, 
        including a television, copier, facsimile machine, tablet, 
        telephone, computer, computer monitor, laptop, printer, 
        scanner, and associated electrical wiring.

SEC. 311. PLAN TO ENCOURAGE AND PROMOTE CYBERSECURITY AND COMPUTER 
                    LITERACY AMONG STUDENTS.

  (a) Plan.--Not later than 180 days after the date of the enactment of 
this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a plan to establish a national 
program to conduct competitions and challenges and to offer internships 
at elements of the intelligence community to promote cybersecurity and 
computer literacy among students attending high schools or institutions 
of higher education in the United States. Such plan shall include cost 
estimates for carrying out the plan and strategies for conducting 
expedited security clearance investigations and adjudications for 
purposes of offering such internships.
  (b) Consideration of Existing Programs.--In developing the plan under 
subsection (a), the Director shall take into consideration and leverage 
existing programs of the intelligence community, including the 
education programs of the National Security Agency and the Information 
Assurance Scholarship Program of the Department of Defense, as 
appropriate.
  (c) Definitions.--In this section:
          (1) High school.--The term ``high school'' mean a school that 
        awards a secondary school diploma.
          (2) Institution of higher education.--The term ``institution 
        of higher education'' has the meaning given the term in section 
        101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
          (3) Secondary school.--The term ``secondary school'' has the 
        meaning given the term in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).

                     TITLE IV--TECHNICAL AMENDMENTS

SEC. 401. TECHNICAL AMENDMENTS TO THE CENTRAL INTELLIGENCE AGENCY ACT 
                    OF 1949.

  Section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
3521) is amended--
          (1) in subsection (b)(1)(D), by striking ``section (a)'' and 
        inserting ``subsection (a)''; and
          (2) in subsection (c)(2)(E), by striking ``provider.'' and 
        inserting ``provider''.

SEC. 402. TECHNICAL AMENDMENTS TO THE NATIONAL SECURITY ACT OF 1947 
                    RELATING TO THE PAST ELIMINATION OF CERTAIN 
                    POSITIONS.

  Section 101(a) of the National Security Act of 1947 (50 U.S.C. 
3021(a)) is amended--
          (1) in paragraph (5), by striking the semicolon and inserting 
        ``; and'';
          (2) by striking paragraphs (6) and (7);
          (3) by redesignating paragraph (8) as paragraph (6); and
          (4) in paragraph (6) (as so redesignated), by striking ``the 
        Chairman of the Munitions Board, and the Chairman of the 
        Research and Development Board,''.

SEC. 403. TECHNICAL AMENDMENTS TO THE INTELLIGENCE AUTHORIZATION ACT 
                    FOR FISCAL YEAR 2013.

  (a) Amendment.--Section 506 of the Intelligence Authorization Act for 
Fiscal Year 2013 (Public Law 112-277; 126 Stat. 2478) is amended--
          (1) by striking ``Section 606(5)'' and inserting ``Paragraph 
        (5) of section 605''; and
          (2) by inserting ``, as redesignated by section 310(a)(4)(B) 
        of this Act,'' before ``is amended''.
  (b) Effective Date.--The amendments made by subsection (a) shall take 
effect as if included in the enactment of the Intelligence 
Authorization Act for Fiscal Year 2013 (Public Law 112-277).

                                Purpose

    The purpose of H.R. 3381 is to authorize the intelligence 
and intelligence-related activities of the United States 
Government for Fiscal Year 2014. These activities enhance the 
national security of the United States, support and assist the 
armed forces of the United States, and support the President in 
the execution of the foreign policy of the United States.

                 Classified Annex and Committee Intent

    The classified annex to this report includes the classified 
Schedule of Authorizations and its associated explanatory 
language. The Committee views the classified annex as an 
integral part of this legislation. The classified annex 
contains a thorough discussion of the issues considered by the 
Committee underlying the funding authorizations found in the 
classified Schedule of Authorizations. The Committee intends 
that all intelligence programs discussed in the classified 
annex to this report will follow the guidance and limitations 
set forth as associated language therein. The classified 
Schedule of Authorizations is incorporated directly into this 
legislation by virtue of section 102 of the bill. The 
classified annex is available for review by all Members of the 
House of Representatives, subject to the requirements of clause 
13 of rule XXIII of the Rules of the House of Representatives, 
and rule 14 of the Rules of Procedure for the House Permanent 
Select Committee on Intelligence.

                       Scope of Committee Review

    The bill authorizes U.S. intelligence and intelligence-
related activities within the jurisdiction of the Committee, 
including the National Intelligence Program (NIP) and the 
Military Intelligence Program (MIP). The NIP consists of all 
activities of the Office of the Director of National 
Intelligence, as well as those intelligence, intelligence-
related, and counterintelligence activities conducted by: (1) 
the Central Intelligence Agency; (2) the Department of Defense; 
(3) the Defense Intelligence Agency; (4) the National Security 
Agency; (5) the National Reconnaissance Office; (6) the 
National Geospatial-Intelligence Agency; (7) the Departments of 
the Army, Navy, and Air Force; (8) the Department of State; (9) 
the Department of the Treasury; (10) the Department of Energy; 
(11) the Department of Justice; (12) the Federal Bureau of 
Investigation; (13) the U.S. Coast Guard; (14) the Department 
of Homeland Security; and (15) the Drug Enforcement 
Administration. The Committee has exclusive legislative, 
authorizing, and oversight jurisdiction of these programs.

                     Committee Statement and Views

    The annual intelligence authorization bill funds all U.S. 
intelligence activities, spanning 16 separate agencies. It 
provides authorization for critical national security 
functions, including: CIA personnel and their activities 
worldwide; tactical intelligence support to combat units in 
Afghanistan; NSA's electronic surveillance and cyber defense; 
global monitoring of foreign militaries, weapons tests, and 
arms control treaties, including use of satellites and radars; 
real-time analysis and reporting on political and economic 
events, such as current events in the Middle East; and research 
and technology to maintain the country's technological edge, 
including work on code breaking, listening devices, and 
reconnaissance satellites.
    The FY 2014 authorization bill is a critical tool for 
oversight of the Intelligence Community. For too many years, 
intelligence authorization negotiations were the victim of 
partisan infighting and turf battles. Over the past two and a 
half years, however, Congress broke out of that logjam by 
passing three intelligence authorization bills that the 
President signed into law. The FY 2014 bill follows in the path 
of those three bills to provide the Intelligence Community the 
resources it needs to accomplish its demanding mission of 
securing and defending America.
    This bill sustains today's intelligence capabilities and 
provides for future capabilities while staying within the 
funding constraints of the Budget Control Act. In fact, the 
bill authorizes funding that is slightly below the President's 
Budget request level. Under current law, however, this funding 
level is subject to a sequestration of approximately 10 
percent. If that sequestration is not replaced or otherwise 
amended, the Committee will work to ensure the IC implements 
the cuts as wisely as possible. In today's challenging budget 
environment, it is vital for the Committee to conduct close 
oversight and scrutinize whether every dollar authorized for 
intelligence is necessary and is being used as intended by the 
Congress.
    The legislative provisions that the Committee and Congress 
consider each year are comprised of changes to statute that 
better enable the Community to conduct its important mission 
and strengthen oversight mechanisms where needed as a result of 
the Committee's oversight throughout the year.
    As most of the intelligence budget involves highly 
classified programs, the bulk of this Committee's 
recommendations each year are found in the classified annex to 
the bill. This year's annex includes increased funding to 
address insider threats and improve personnel security 
programs. The annex also includes a five-point budget framework 
to: (1) curb personnel growth; (2) find major operating 
efficiencies; (3) make only the best value investments; (4) 
deliver acquisitions on cost and on schedule; and (5) protect 
research and technology. By following this framework, the IC 
can achieve maximum operational effectiveness in a flat or 
declining budget environment.

Personnel and Information Security Reforms

    This year, massive unauthorized disclosures of classified 
information caused immense damage to our national security. The 
Intelligence Community might have been able to prevent those 
unauthorized disclosures if it continuously evaluated the 
backgrounds of employees and contractors and if IC elements had 
more effectively shared potentially derogatory information 
about employees and contractors with each other.
    Section 303 of the bill requires the Director of National 
Intelligence to ensure that all IC elements continuously 
determine whether their employees and contractors are eligible 
for access to classified information. Continuous evaluation 
allows the IC to take advantage of lawfully available 
government and public information to detect warning signals 
that the current system of five-year periodic reinvestigation 
misses. That information might include: foreign travel; reports 
of foreign contacts; financial disclosure information; checks 
of criminal, commercial marketing, and credit databases; and 
other appropriate publicly available information. By adopting 
continuous evaluation, a smaller number of cause-based and 
random reinvestigations can supplement and, over the long-term, 
replace, arbitrary periodic reinvestigations in the IC.
    An effective continuous evaluation system also requires 
different elements of the IC to share information with each 
other in a timely fashion. Section 303 therefore also directs 
the DNI to develop procedures that require IC elements to share 
information that may impact the eligibility of employees or 
contractors for a security clearance with each other.
    Contractors pose a unique information security challenge 
for the IC. Section 304 of the bill addresses that challenge by 
requiring the DNI to ensure that all IC contractors with access 
to classified information develop and operate security plans 
that meet the DNI's information security standards. Compliance 
with this requirement will not be left to chance: Every 
contract that an IC element signs must contain a clause 
requiring the contractor to abide by the DNI's standards. Under 
Section 304, the DNI must also ensure that IC contractors with 
access to classified networks follow the IC's insider threat 
detection policies.

Declassification of bin Laden Documents

    Section 309 of the bill requires the DNI to conduct a 
declassification review of documents collected in the May 2011 
Abbottabad, Pakistan, mission that killed Osama bin Laden. That 
seminal moment in American history created an opportunity to 
improve public understanding of the threat al-Qaeda and its 
affiliates pose to the United States without harming national 
security. The cache of documents at bin Laden's compound can 
help the public understand the state of al-Qaeda in 2011, 
including the group's relationship to Pakistan and Iran, its 
role in past terror plots, and the strategic threat to the 
United States and its allies. Section 309 therefore requires 
the DNI to conduct a declassification review and make public 
any documents that are not central to current intelligence 
operations, sources, methods, potential criminal 
investigations, or other national security interests. The bill 
also requires the DNI to brief the Committee about this effort 
and to explain why any of the documents must remain classified.

               Committee Consideration and Rollcall Votes

    On November 21, 2013, the Committee met in open and closed 
session and ordered the bill H.R. 3381 favorably reported, as 
amended.

                              OPEN SESSION

    In open session, the Committee considered the text of the 
bill H.R. 3381. Chairman Rogers offered an amendment in the 
nature of a substitute to H.R. 3381. The contents of the 
amendment in the nature of a substitute are described in the 
Section-by-Section analysis and the Explanation of Amendment.
    Ms. Schakowsky offered an amendment to the amendment in the 
nature of a substitute that would require the President to 
create a plan to respond to the unauthorized disclosure of 
covert actions. The amendment was agreed to by a voice vote.
    Mr. Langevin offered an amendment to the amendment in the 
nature of a substitute that would require the DNI to create a 
plan to encourage cybersecurity and computer literacy among 
high school and university students. The amendment was agreed 
to by a voice vote.
    Ms. Sewell offered an amendment to the amendment in the 
nature of a substitute that would allow the Coast Guard to 
spend National Intelligence Program (NIP) funds on official 
representation items in support of the Coast Guard attache 
program. The amendment was agreed to by a voice vote.
    Ms. Schakowsky offered an amendment to the amendment in the 
nature of a substitute to prohibit lethal action against an 
individual if the U.S. Government does not know the identity of 
that individual with a near certainty. The Committee postponed 
further proceedings on the amendment.
    Mr. Schiff offered an amendment to the amendment in the 
nature of a substitute to require the formation of an 
independent analysis team to evaluate the information that 
serves as the basis for using targeted lethal force against a 
U.S. person. The Committee postponed further proceedings on the 
amendment.
    Mr. Schiff offered an amendment to the amendment in the 
nature of a substitute to require an annual public report on 
casualties from uses of targeted lethal force by remotely 
piloted aircraft. The Committee postponed further proceedings 
on the amendment.

                             CLOSED SESSION

    Mr. Ruppersberger moved to close the meeting for the 
discussion of amendments offered by Ms. Schakowsky and Mr. 
Schiff because national security would be endangered if the 
matters to be considered were disclosed. The motion was agreed 
to by a record vote of 20 ayes to 0 noes:
    Voting aye: Mr. Rogers (chairman), Mr. Thornberry, Mr. 
Miller, Mr. Conaway, Mr. King, Mr. LoBiondo, Mr. Nunes, Mr. 
Westmoreland, Mrs. Bachmann, Mr. Rooney, Mr. Heck, Mr. 
Ruppersberger, Mr. Thompson, Ms. Schakowsky, Mr. Langevin, Mr. 
Schiff, Mr. Gutierrez, Mr. Pastor, Mr. Himes, Ms. Sewell.
    Voting no: None.
    After debate on the amendments offered by Ms. Schakowsky 
and Mr. Schiff, the Committee returned to open session by 
unanimous consent.

                              OPEN SESSION

    The Committee rejected the amendment by Ms. Schakowsky to 
prohibit lethal action against an individual if the U.S. 
Government does not know the identity of that individual with a 
near certainty by a record vote of 3 ayes to 17 noes.
    Voting aye: Ms. Schakowsky, Mr. Gutierrez, Mr. Pastor.
    Voting no: Mr. Rogers (chairman), Mr. Thornberry, Mr. 
Miller, Mr. Conaway, Mr. King, Mr. LoBiondo, Mr. Nunes, Mr. 
Westmoreland, Mrs. Bachmann, Mr. Rooney, Mr. Heck, Mr. 
Ruppersberger, Mr. Thompson, Mr. Langevin, Mr. Schiff, Mr. 
Himes, Ms. Sewell.
    Mr. Schiff withdrew his amendment to require the formation 
of an independent analysis team to evaluate the information 
that serves as the basis for using targeted lethal force 
against a U.S. person.
    The Committee rejected the amendment by Mr. Schiff to 
require an annual public report on casualties from uses of 
targeted lethal force by remotely piloted aircraft by a record 
vote of 5 ayes to 15 noes.
    Voting aye: Mr. Schiff, Ms. Schakowsky, Mr. Gutierrez, Mr. 
Pastor, Mr. Himes.
    Voting no: Mr. Rogers (chairman), Mr. Thornberry, Mr. 
Miller, Mr. Conaway, Mr. King, Mr. LoBiondo, Mr. Nunes, Mr. 
Westmoreland, Mrs. Bachmann, Mr. Rooney, Mr. Heck, Mr. 
Ruppersberger, Mr. Thompson, Mr. Langevin, Ms. Sewell.
    The amendment in the nature of a substitute as amended was 
agreed to by a voice vote.

                             CLOSED SESSION

    Mr. Ruppersberger moved to close the meeting for 
consideration of the classified Schedule of Authorizations 
because national security would be endangered if the matters to 
be considered were disclosed. The motion was agreed to by a 
record vote of 20 ayes to 0 noes:
    Voting aye: Mr. Rogers (chairman), Mr. Thornberry, Mr. 
Miller, Mr. Conaway, Mr. King, Mr. LoBiondo, Mr. Nunes, Mr. 
Westmoreland, Mrs. Bachmann, Mr. Rooney, Mr. Heck, Mr. 
Ruppersberger, Mr. Thompson, Ms. Schakowsky, Mr. Langevin, Mr. 
Schiff, Mr. Gutierrez, Mr. Pastor, Mr. Himes, Ms. Sewell.
    Voting no: None.
    Mr. Rooney offered an amendment to the classified Schedule 
of Authorizations (annex) that was adopted by a voice vote.
    Mr. Langevin offered an amendment to the classified 
Schedule of Authorizations (annex) that was adopted by a voice 
vote.
    Schedule of Authorizations. The Committee then adopted the 
classified Schedule of Authorizations by voice vote.

                              OPEN SESSION

    By unanimous consent, the Committee returned to open 
session.
    The Committee then adopted a motion by the Chairman to 
favorably report the bill H.R. 3381 to the House, as amended, 
including by reference the classified schedule of 
authorizations. The motion was agreed to by voice vote

        Section-by-Section Analysis and Explanation of Amendment

Section 1--Short Title and Table of Contents

    Section 1 contains the short title for the bill and the 
Table of Contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Section 101--Authorization of Appropriations

    Section 101 of the bill authorizes appropriations for the 
intelligence and intelligence-related activities of these 
elements of the United States Government: The Office of the 
Director of National Intelligence (including the National 
Counterterrorism Center), the Central Intelligence Agency, the 
Department of Defense, the Defense Intelligence Agency, the 
National Security Agency, the Departments of the Army, Navy and 
Air Force, the Coast Guard, the Department of State, the 
Department of the Treasury, the Department of Energy, the 
Department of Justice, the Federal Bureau of Investigation, the 
Drug Enforcement Administration, the National Reconnaissance 
Office, the National Geospatial Intelligence Agency, and the 
Department of Homeland Security.

Section 102--Classified Schedule of Authorizations

    Section 102 provides that the amounts and personnel 
ceilings authorized under Section 101 shall be specified in the 
accompanying classified Schedule of Authorizations, which shall 
be made available to the Committee on Appropriations and to the 
President.

Section 103--Personnel Ceiling Adjustments

    Section 103 authorizes the DNI to make certain increases to 
the authorized personnel levels for 2013 when necessary to the 
performance of important intelligence functions, but not to 
exceed three percent of the number of civilian personnel 
authorized.
    Section 103 also authorizes the DNI to convert activities 
performed by contract personnel if the head of an IC element 
makes a determination that such duties should be performed by 
the employees of such element. It further requires the DNI to 
establish guidelines that govern the treatment of personnel 
levels, including exemption from levels for details, joint-
duty, long-term full-time training, students, and trainee 
programs or similar programs.

Section 104--Intelligence Community Management Account

    Section 104 authorizes appropriations for the Intelligence 
Community Management Account (ICMA) of the DNI and sets the 
authorized full-time equivalent personnel levels for the 
elements within the ICMA for fiscal year 2013.
    Section 104 also authorizes additional classified 
appropriations and personnel levels for the Community 
Management Account as specified in the classified Schedule of 
Authorizations and permits the funding for advanced research 
and development to remain available through September 30, 2014.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Section 201--Authorization of Appropriations

    Section 201 authorizes $514,000,000 for the Central 
Intelligence Agency (CIA) Retirement and Disability System.

                     TITLE III--GENERAL PROVISIONS

Section 301--Increase in Employee Compensation and Benefits Authorized 
        By Law

    Section 301 provides that the authorized amounts may be 
increased by such additional or supplemental amounts as may be 
necessary for increases in compensation or benefits authorized 
by law.

Section 302--Restriction on Conduct of Intelligence Activities

    Section 302 provides that the authorization of funds in 
this act does not constitute authority for the conduct of any 
intelligence activity not otherwise authorized by the 
Constitution or laws of the United States.

Section 303--Continuous Evaluation and Sharing of Derogatory 
        Information Regarding Personnel with Access to Classified 
        Information

    Section 303 amends the National Security Act of 1947 to 
require the Director of National Intelligence to ensure that 
all IC elements continuously determine whether their employees 
and contractors meet the requirements for eligibility for 
access to classified information

Section 304--Requirements for Intelligence Community Contractors

    Section 304 requires the DNI to ensure that contractors 
have in place security plans consistent with DNI standards for 
handling classified information. It also requires the DNI to 
ensure insider threat detection capabilities of the IC apply to 
contractors with access to classified information.

Section 305--Repeal or Modification of Certain Reporting Requirements

    Section 305 repeals or modifies various intelligence 
community reporting requirements.

Section 306--Clarification of Exemption from Freedom of Information Act 
        of Identities of Employees Submitting Complaints to the 
        Inspector General of the Intelligence Community

    Section 306 modifies the National Security Act of 1947 to 
exempt the identity of employees who submit complaints to the 
Inspector General of the Intelligence Community from disclosure 
under the Freedom of Information Act.

Section 307--Plans To Respond to Unauthorized Disclosures of Covert 
        Actions

    Section 307 requires the President to establish a written 
plan for how to respond to an unauthorized disclosure of each 
type of activity within a covert action program.

Section 308--Official Representation Items in Support of the Coast 
        Guard Attache Program

    Section 308 allows the Coast Guard to spend National 
Intelligence Program (NIP) funds on official representation 
items in support of its attache program.

Section 309--Declassification Review of Certain Items Collected During 
        the Mission that Killed Osama bin Laden on May 1, 2011

    Section 309 requires the Director of National Intelligence 
to perform a declassification review of documents collected in 
Abbottabad, Pakistan, during the mission that killed Osama bin 
Laden on May 1, 2011, and to release the declassified results 
of that review. It also requires the DNI to report to the 
congressional intelligence committees a justification for why 
any of those documents must remain classified.

Section 310--Report on Electronic Waste

    Section 310 requires the Director of National Intelligence 
to prepare a report on the extent to which the Intelligence 
Community has implemented the recommendations of a May 2013 
Inspector General of the Intelligence Community report on 
electronic waste disposal practices.

Section 311--Plan To Encourage and Promote Cybersecurity and Computer 
        Literacy Among Students

    Section 311 requires the Director of National Intelligence 
to create a plan to promote cybersecurity and computer literacy 
among high school and university students. The plan must 
include cost estimates and strategies for offering internships

                     TITLE IV--TECHNICAL AMENDMENTS

Section 401--Technical Amendments to the Central Intelligence Agency 
        Act of 1949

    Section 401 corrects an erroneous reference to ``section 
a'' to properly reflect ``subsection a.'' Section 401 also 
corrects a punctuation error.

Section 402--Technical Amendments to the National Security Act of 1947 
        Relating to the Past Elimination of Certain Positions

    Section 402 removes references to two positions (the 
Director for Mutual Security and the Chairman of the National 
Security Resources Board) from the National Security Council 
statute because the entities no longer exist.

Section 403--Technical Amendments to the Intelligence Authorization Act 
        for Fiscal Year 2013

    Section 403 makes technical corrections to the FY 13 
Intelligence Authorization Act to correctly refer to a 
paragraph, and to correct references that were amended in that 
bill.

                 Oversight Findings and Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the Committee held multiple 
hearings on the classified budgetary issues raised by H.R. 
3381. The bill, as reported by the Committee, reflects 
conclusions reached by the Committee in light of this oversight 
activity.

                General Performance Goals and Objectives

    The goals and objectives of H.R. 3381 are to authorize the 
intelligence and intelligence-related activities of the United 
States Government for Fiscal Year 2014. These activities 
enhance the national security of the United States, support and 
assist the armed forces of the United States, and support the 
President in the execution of the foreign policy of the United 
States.
    The classified annex that accompanies this report reflects 
in great detail the Committee's specific performance goals and 
objectives at the programmatic level with respect to classified 
programs.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. In compliance with this requirement, the Committee 
has received a letter from the Congressional Budget Office 
included herein.

                  Statement on Congressional Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee states that the bill as 
reported contains no congressional earmarks, limited tax 
benefits, or limited tariff benefits.

                   Disclosure of Directed Rule Making

    H.R. 3381 does not specifically direct any rule makings 
within the meaning of 5 U.S.C. 551.

                    Duplication of Federal Programs

    H.R. 3381 does not duplicate or reauthorize an established 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 25, 2013.
Hon. Mike Rogers,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3381, the 
Intelligence Authorization Act for Fiscal Year 2014.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jason 
Wheelock.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H.R. 3381--Intelligence Authorization Act for Fiscal Year 2014

    H.R. 3381 would authorize appropriations for fiscal year 
2014 for intelligence activities of the U.S. government. CBO 
does not provide estimates for classified programs; thus, this 
estimate addresses only the unclassified aspects of the bill. 
On that limited basis, and assuming appropriation of the 
authorized amounts, CBO estimates that implementing the 
unclassified provisions of H.R. 3381 would cost $595 million 
over the 2014-2018 period. Pay-as-you-go procedures do not 
apply to this legislation because enacting it would not affect 
direct spending or revenues.
    Section 104 would authorize the appropriation of $601 
million for the Intelligence Community Management Account, 
which provides the principal source of funding for the Office 
of the Director of National Intelligence and resources for 
coordinating programs, overseeing budgets, and managing the 
intelligence agencies. Based on historical patterns, CBO 
estimates that implementing this section would cost about $400 
million in 2014 and $595 million over the 2014-2018 period, 
assuming the appropriation of the authorized amount.
    Section 201 would authorize the appropriation of $514 
million for the Central Intelligence Agency Retirement and 
Disability System, which is a retirement and disability program 
for certain employees of the Central Intelligence Agency. The 
appropriation would cover various unfunded liabilities of the 
system and would be considered mandatory. However, because the 
authorization is the same as the amount assumed in the CBO 
baseline, CBO does not ascribe any additional cost to that 
provision relative to the baseline.
    H.R. 3381 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jason Wheelock. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

NATIONAL SECURITY ACT OF 1947

           *       *       *       *       *       *       *

                              short title

  That this Act may be cited as the ``National Security Act of 
1947''.

                            TABLE OF CONTENTS

     * * * * * * *

               Title I--Coordination for National Security

     * * * * * * *
[Sec. 114. Additional annual reports from the Director of National 
          Intelligence.]
Sec. 114. Annual report on hiring and retention of minority employees.

           *       *       *       *       *       *       *

              TITLE I--COORDINATION FOR NATIONAL SECURITY

                       national security council

  Sec. 101. (a) There is hereby established a council to be 
known as the National Security Council (thereinafter in this 
section referred to as the ``Council'').
  The President of the United States shall preside over 
meetings of the Council: Provided, That in his absence he may 
designate a member of the Council to preside in his place.
  The function of the Council shall be to advise the President 
with respect to the integration of domestic, foreign, and 
military policies relating to the national security so as to 
enable the military services and the other departments and 
agencies of the Government to cooperate more effectively in 
matters involving the national security.
  The Council shall be composed of
          (1) * * *

           *       *       *       *       *       *       *

          (5) the Secretary of Energy[;]; and
          [(6) the Director for Mutual Security;
          [(7) the Chairman of the National Security Resources 
        Board; and]
          [(8)] (6) The Secretaries and Under Secretaries of 
        other executive departments and the military 
        departments, [the Chairman of the Munitions Board, and 
        the Chairman of the Research and Development Board,] 
        when appointed by the President by and with the advice 
        and consent of the Senate, to serve at his pleasure.

           *       *       *       *       *       *       *

     responsibilities and authorities of the director of national 
                              intelligence

  Sec. 102A. (a) * * *

           *       *       *       *       *       *       *

  (g) Intelligence Information Sharing.--(1) * * *

           *       *       *       *       *       *       *

  [(4) Not later than February 1 of each year, the Director of 
National Intelligence shall submit to the President and to the 
Congress an annual report that identifies any statute, 
regulation, policy, or practice that the Director believes 
impedes the ability of the Director to fully and effectively 
implement paragraph (1).]
  (4) The Director of National Intelligence shall, in a timely 
manner, report to Congress any statute, regulation, policy, or 
practice that the Director believes impedes the ability of the 
Director to fully and effectively ensure maximum availability 
of access to intelligence information within the intelligence 
community consistent with the protection of the national 
security of the United States.

           *       *       *       *       *       *       *

  (j) Uniform Procedures for [Sensitive Compartmented 
Information] Classified Information.--The Director of National 
Intelligence, subject to the direction of the President, 
shall--
          (1) * * *

           *       *       *       *       *       *       *

          (3) ensure that security clearances granted by 
        individual elements of the intelligence community are 
        recognized by all elements of the intelligence 
        community, and under contracts entered into by those 
        agencies[; and];
          (4) ensure that the process for investigation and 
        adjudication of an application for access to sensitive 
        compartmented information is performed in the most 
        expeditious manner possible consistent with applicable 
        standards for national security[.];
          (5) ensure that the background of each employee or 
        officer of an element of the intelligence community, 
        each contractor to an element of the intelligence 
        community, and each individual employee of such a 
        contractor who has been determined to be eligible for 
        access to classified information is monitored on a 
        continual basis under standards developed by the 
        Director, including with respect to the frequency of 
        evaluation, during the period of eligibility of such 
        employee or officer of an element of the intelligence 
        community, such contractor, or such individual employee 
        to such a contractor to determine whether such employee 
        or officer of an element of the intelligence community, 
        such contractor, and such individual employee of such a 
        contractor continues to meet the requirements for 
        eligibility for access to classified information; and
          (6) develop procedures to require information sharing 
        between elements of the intelligence community 
        concerning potentially derogatory security information 
        regarding an employee or officer of an element of the 
        intelligence community, a contractor to an element of 
        the intelligence community, or an individual employee 
        of such a contractor that may impact the eligibility of 
        such employee or officer of an element of the 
        intelligence community, such contractor, or such 
        individual employee of such a contractor for a security 
        clearance.

           *       *       *       *       *       *       *

  (x) Requirements for Intelligence Community Contractors.--The 
Director of National Intelligence, in consultation with the 
head of each department of the Federal Government that contains 
an element of the intelligence community and the Director of 
the Central Intelligence Agency, shall--
          (1) ensure that--
                  (A) any contractor to an element of the 
                intelligence community with access to a 
                classified network or classified information 
                develops and operates a security plan that is 
                consistent with standards established by the 
                Director of National Intelligence for 
                intelligence community networks; and
                  (B) each contract awarded by an element of 
                the intelligence community includes provisions 
                requiring the contractor comply with such plan 
                and such standards;
          (2) conduct periodic assessments of each security 
        plan required under paragraph (1)(A) to ensure such 
        security plan complies with the requirements of such 
        paragraph; and
          (3) ensure that the insider threat detection 
        capabilities and insider threat policies of the 
        intelligence community apply to facilities of 
        contractors with access to a classified network.

           *       *       *       *       *       *       *

            inspector general of the intelligence community

  Sec. 103H. (a) * * *

           *       *       *       *       *       *       *

  (g) Authorities.--(1) * * *

           *       *       *       *       *       *       *

  (3) The Inspector General is authorized to receive and 
investigate, pursuant to subsection (h), complaints or 
information from any person concerning the existence of an 
activity within the authorities and responsibilities of the 
Director of National Intelligence constituting a violation of 
laws, rules, or regulations, or mismanagement, gross waste of 
funds, abuse of authority, or a substantial and specific danger 
to the public health and safety. Once such complaint or 
information has been received from an employee of the 
intelligence community--
          (A) the Inspector General shall not disclose the 
        identity of the employee without the consent of the 
        employee, unless the Inspector General determines that 
        such disclosure is unavoidable during the course of the 
        investigation or the disclosure is made to an official 
        of the Department of Justice responsible for 
        determining whether a prosecution should be 
        undertaken[; and];
          (B) the identity of the employee shall be exempt from 
        disclosure under section 552 of title 5, United States 
        Code (commonly referred to as the ``Freedom of 
        Information Act''), in accordance with subsection 
        (b)(3) of such section; and
          [(B)] (C) no action constituting a reprisal, or 
        threat of reprisal, for making such complaint or 
        disclosing such information to the Inspector General 
        may be taken by any employee in a position to take such 
        actions, unless the complaint was made or the 
        information was disclosed with the knowledge that it 
        was false or with willful disregard for its truth or 
        falsity.

           *       *       *       *       *       *       *

[additional annual reports from the director of national intelligence] 
      annual report on hiring and retention of minority employees

  Sec. 114. [(a) Annual Report on Hiring and Retention of 
Minority Employees.--(1)] (a) The Director of National 
Intelligence shall, on an annual basis, submit to Congress a 
report on the employment of covered persons within each element 
of the intelligence community for the preceding fiscal year.
  [(2)] (b) Each such report shall include disaggregated data 
by category of covered person from each element of the 
intelligence community on the following:
          [(A)] (1) Of all individuals employed in the element 
        during the fiscal year involved, the aggregate 
        percentage of such individuals who are covered persons.
          [(B)] (2) Of all individuals employed in the element 
        during the fiscal year involved at the levels referred 
        to in [clauses (i) and (ii)] subparagraphs (A) and (B), 
        the percentage of covered persons employed at such 
        levels:
                  [(i)] (A) Positions at levels 1 through 15 of 
                the General Schedule.
                  [(ii)] (B) Positions at levels above GS-15.
          [(C)] (3) Of all individuals hired by the element 
        involved during the fiscal year involved, the 
        percentage of such individuals who are covered persons.
  [(3)] (c) Each such report shall be submitted in unclassified 
form, but may contain a classified annex.
  [(4)] (d) Nothing in this subsection shall be construed as 
providing for the substitution of any similar report required 
under another provision of law.
  [(5)] (e) In this subsection, the term ``covered persons'' 
means--
          [(A)] (1) racial and ethnic minorities;
          [(B)] (2) women; and
          [(C)] (3) individuals with disabilities.
  [(b) Annual Report on Threat of Attack on the United States 
Using Weapons of Mass Destruction.--(1) Not later each year 
than the date provided in section 507, the Director of National 
Intelligence shall submit to the congressional committees 
specified in paragraph (3) a report assessing the following:
          [(A) The current threat of attack on the United 
        States using ballistic missiles or cruise missiles.
          [(B) The current threat of attack on the United 
        States using a chemical, biological, or nuclear weapon 
        delivered by a system other than a ballistic missile or 
        cruise missile.
  [(2) Each report under paragraph (1) shall be a national 
intelligence estimate, or have the formality of a national 
intelligence estimate.
  [(3) The congressional committees referred to in paragraph 
(1) are the following:
          [(A) The congressional intelligence committees.
          [(B) The Committees on Foreign Relations and Armed 
        Services of the Senate.
          [(C) The Committees on International Relations and 
        Armed Services of the House of Representatives.]

           *       *       *       *       *       *       *

TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

           *       *       *       *       *       *       *

         presidential approval and reporting of covert actions

  Sec. 503. (a) * * *

           *       *       *       *       *       *       *

  (h) For each type of activity undertaken as part of a covert 
action, the President shall establish in writing a plan to 
respond to the unauthorized public disclosure of that type of 
activity.

           *       *       *       *       *       *       *

  dates for submittal of various annual and semiannual reports to the 
                 congressional intelligence committees

  Sec. 507. (a) Annual Reports.--[(1) The date] The date for 
the submittal to the congressional intelligence committees of 
the following annual reports shall be the date each year 
provided in [subsection (c)(1)(A)] subsection (c)(1):
          [(A)] (1) The annual report of the Inspectors 
        Generals of the intelligence community on proposed 
        resources and activities of their offices required by 
        section 8H(g) of the Inspector General Act of 1978.
          [(B)] (2) The annual report on certifications for 
        immunity in interdiction of aircraft engaged in illicit 
        drug trafficking required by section 1012(c)(2) of the 
        National Defense Authorization Act for Fiscal Year 1995 
        (22 U.S.C. 2291-4(c)(2)).
          [(C)] (3) The annual report on activities under the 
        David L. Boren National Security Education Act of 1991 
        (title VIII of Public Law 102-183; 50 U.S.C. 1901 et 
        seq.) required by section 806(a) of that Act (50 U.S.C. 
        1906(a)).
          [(D)] (4) The annual report on hiring and retention 
        of minority employees in the intelligence community 
        required by section 114(a).
          [(E)] (5) The annual report on outside employment of 
        employees of elements of the intelligence community 
        required by section 102A(u)(2).
          [(F)] (6) The annual report on financial intelligence 
        on terrorist assets required by section 118.
          [(2) The date for the submittal to the congressional 
        intelligence committees of the annual report on the 
        threat of attack on the United States from weapons of 
        mass destruction required by section 114(b) shall be 
        the date each year provided in subsection (c)(1)(B).]

           *       *       *       *       *       *       *

  (c) Submittal Dates for Reports.--(1)[(A) Except] Except as 
provided in subsection (d), each annual report listed in 
subsection (a)(1) shall be submitted not later than February 1.
  [(B) Except as provided in subsection (d), each annual report 
listed in subsection (a)(2) shall be submitted not later than 
December 1.]

           *       *       *       *       *       *       *

  (d) Postponement of Submittal.--(1) Subject to paragraph (3), 
the date for the submittal of--
          (A) an annual report listed in [subsection (a)(1)] 
        subsection (a) may be postponed until March 1; and
          [(B) an annual report listed in subsection (a)(2) may 
        be postponed until January 1; and]
          [(C)] (B) a semiannual report listed in subsection 
        (b) may be postponed until March 1 or September 1, as 
        the case may be,
if the official required to submit such report submits to the 
congressional intelligence committees a written notification of 
such postponement.

           *       *       *       *       *       *       *

                              ----------                              

INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010

           *       *       *       *       *       *       *

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Subtitle A--Office of the Director of National Intelligence

           *       *       *       *       *       *       *

SEC. 410. INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT TO ADVISORY 
                    COMMITTEES OF THE OFFICE OF THE DIRECTOR OF 
                    NATIONAL INTELLIGENCE.

  (a) * * *
  [(b) Annual Report.--
          [(1) In general.--The Director of National 
        Intelligence and the Director of the Central 
        Intelligence Agency shall each submit to the 
        congressional intelligence committees an annual report 
        on advisory committees created by each such Director. 
        Each report shall include--
                  [(A) a description of each such advisory 
                committee, including the subject matter of the 
                committee; and
                  [(B) a list of members of each such advisory 
                committee.
          [(2) Report on reasons for odni exclusion of advisory 
        committee from faca.--Each report submitted by the 
        Director of National Intelligence in accordance with 
        paragraph (1) shall include the reasons for a 
        determination by the Director under section 4(b)(3) of 
        the Federal Advisory Committee Act (5 U.S.C. App.), as 
        added by subsection (a) of this section, that an 
        advisory committee cannot comply with the requirements 
        of such Act.]
  (b) Notification of Establishment of Advisory Committee.--The 
Director of National Intelligence and the Director of the 
Central Intelligence Agency shall each notify the congressional 
intelligence committees each time each such Director creates an 
advisory committee. Each notification shall include--
          (1) a description of such advisory committee, 
        including the subject matter of such committee;
          (2) a list of members of such advisory committee; and
          (3) in the case of an advisory committee created by 
        the Director of National Intelligence, the reasons for 
        a determination by the Director under section 4(b)(3) 
        of the Federal Advisory Committee Act (5 U.S.C. App) 
        that an advisory committee cannot comply with the 
        requirements of such Act.

           *       *       *       *       *       *       *

                              ----------                              

CENTRAL INTELLIGENCE AGENCY ACT OF 1949

           *       *       *       *       *       *       *

                        central services program

  Sec. 21. (a) * * *
  (b) Participation of Agency Elements.--(1) In order to carry 
out the program, the Director shall--
          (A) * * *

           *       *       *       *       *       *       *

          (D) authorize such providers to make known their 
        services to the entities specified in [section (a)] 
        subsection (a) through Government communication 
        channels.

           *       *       *       *       *       *       *

  (c) Central Services Working Capital Fund.--(1) * * *
  (2) There shall be deposited in the Fund the following:
          (A) * * *

           *       *       *       *       *       *       *

          (E) Other receipts from the sale or exchange of 
        equipment, recyclable materials, or property of a 
        central service [provider.] provider as a result of 
        activities under the program.

           *       *       *       *       *       *       *

                              ----------                              

INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2013

           *       *       *       *       *       *       *

TITLE V--OTHER MATTERS

           *       *       *       *       *       *       *

SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE AGENCY.

 [Section 606(5)] paragraph (5) of section 605 of the National 
Security Act of 1947 (50 U.S.C. 426), as redesignated by 
section 310(a)(4)(B) of this act, is amended to read as 
follows:
          ``(5) The term `intelligence agency' means the 
        elements of the intelligence community, as that term is 
        defined in section 3(4).''.

           *       *       *       *       *       *       *

                             MINORITY VIEWS

    The Intelligence Authorization Act is one of the most 
important bills the House passes each year. It provides U.S. 
intelligence professionals with the critical resources, 
capabilities and authorities they need to safeguard the nation, 
while ensuring that the Intelligence Committee can continue to 
conduct rigorous oversight of even the most sensitive programs 
on behalf of the American people.
    This year's Intelligence Authorization Act is also fiscally 
responsible. By curbing personnel growth and achieving major 
operating efficiencies, the Act provides funding at levels 
below those which the President requested, while increasing 
funds for urgent priorities such as countering insider threats, 
prioritizing collection against our greatest security risks, 
and enhancing our counterintelligence programs.
    Furthermore, the FY 14 Intelligence Authorization Act 
continues to remove barriers to competition in space; it 
advances technologies to enhance U.S. satellite capabilities; 
contains measures to improve security clearance processes and 
portability among agencies; and makes continuous monitoring of 
those with active clearances a reality.
    While this Act contains no reforms to the Foreign 
Intelligence Surveillance Act, the Minority Members are 
committed to continuing to work on reforms in a separate bill 
to enhance transparency and privacy while retaining critical 
national security capabilities.
    The Intelligence Committee strives to operate in a bi-
partisan manner, which was again evident with this Act. 
Minority Members offered important provisions that were 
incorporated into the Chairman's mark including a provision to 
ensure the work at the National Gang Intelligence Center 
continues as well as a provision to enhance our cutting edge 
satellite technology. The Minority Members also offered 
amendments which were adopted during the mark-up, including 
provisions to:
           Require a written plan for each program 
        undertaken as part of a covert action to address any 
        potential unauthorized public disclosure of it;
           Require the Director of National 
        Intelligence to provide the Intelligence Committees 
        with a plan to harness ongoing efforts and establish a 
        national program to conduct competitions and challenges 
        in cybersecurity and information technology-related 
        areas, as well as to offer internships at Intelligence 
        Community agencies; and
           Authorize the U.S. Coast Guard Attache 
        program to use the funds made available to it by the 
        National Intelligence Program for official 
        representation items.
    Provisions offered by Minority Members also led to vigorous 
and principled debate. Minority Members have and will continue 
to ensure these topics receive thorough consideration and 
discussion. These provisions include measures to:
           Ban so-called signature strikes;
           Require an independent alternative analysis 
        any time the U.S. Government is contemplating taking 
        lethal action against a U.S. person who is engaging in 
        international terrorism against the U.S.; and
           Require an annual, unclassified report on 
        the total number of combatants, noncombatant civilians 
        and total number of individuals killed or injured by 
        the use of targeted lethal force launched from unmanned 
        aerial vehicles.
    This bi-partisan bill passed out of Committee by voice 
vote. Ms. Schakowsky voted against the Act because of her 
opposition to the so-called signature strikes. She also 
believes the Act should have required an independent 
alternative analysis prior to striking a U.S. person.
    If enacted, this Intelligence Authorization Act would be 
the fifth intelligence bill in a row signed into law.

                                   C. A. Dutch Ruppersberger.
                                   Janice D. Schakowsky.
                                   Adam B. Schiff.
                                   Ed Pastor.
                                   Terri A. Sewell.
                                   Mike Thompson.
                                   James R. Langevin.
                                   Luis V. Gutierrez.
                                   James A. Himes.

                                  
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