IIB 
112TH CONGRESS 
2D SESSION 
H. R. 5743 
IN THE SENATE OF THE UNITED STATES 
JUNE 5, 2012 
Received; read twice and referred to the Select Committee on Intelligence 
AN ACT 
To authorize appropriations for fiscal year 2013 for intel-
ligence and intelligence-related activities of the United 
States Government, the Community Management Ac-
count, and the Central Intelligence Agency Retirement 
and Disability System, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Intelligence Authorization Act for Fiscal Year 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—INTELLIGENCE ACTIVITIES 
Sec. 101. Authorization of appropriations. 
Sec. 102. Classified Schedule of Authorizations. 
Sec. 103. Personnel ceiling adjustments. 
Sec. 104. Intelligence Community Management Account. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 201. Authorization of appropriations. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Increase in employee compensation and benefits authorized by law. 
Sec. 302. Restriction on conduct of intelligence activities. 
Sec. 303. Non-reimbursable details. 
Sec. 304. Strategy for security clearance reciprocity. 
Sec. 305. Repeal or modification of certain reporting requirements. 
Sec. 306. Subcontractor notification process. 
Sec. 307. Report on consequences of military strike against Iran. 
Sec. 308. Sense of Congress on the consideration of foreign languages and cul-
tures in the development of cyber tools by the intelligence com-
munity. 
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 
INTELLIGENCE COMMUNITY 
Sec. 401. Authorities of the Inspector General for the Central Intelligence 
Agency. 
Sec. 402. Intelligence community assistance to counter drug trafficking organi-
zations using public lands. 
Sec. 403. Intelligence sharing with Mexico and Canada. 
Sec. 404. Civil liberties protection officer review of cybersecurity policies, pro-
grams, and activities. 
Sec. 405. Sense of Congress on hiring of minority employees by the Central In-
telligence Agency. 
TITLE V—OTHER MATTERS 
Sec. 501. Extension of National Commission for the Review of the Research 
and Development Programs of the United States Intelligence 
Community. 
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Sec. 502. Sense of Congress on the need for the intelligence community to pro-
tect civil liberties of religious and ethnic minorities. 
Sec. 503. Protecting the information technology supply chain of the United 
States. 
Sec. 504. Technical amendment to title 5, United States Code. 
Sec. 505. Technical amendment to the National Security Act of 1947. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence com-
mittees’’ means— 
(A) the Select Committee on Intelligence of 
the Senate; and 
(B) the Permanent Select Committee on 
Intelligence of the House of Representatives. 
(2) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
that term in section 3(4) of the National Security 
Act of 1947 (50 U.S.C. 401a(4)). 
TITLE I—INTELLIGENCE 
ACTIVITIES 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for 
fiscal year 2013 for the conduct of the intelligence and 
intelligence-related activities of the following elements of 
the United States Government: 
(1) The Office of the Director of National Intel-
ligence. 
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(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 Depart-
ment 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 Agen-
cy. 
(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 author-
ized 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 
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specified in the classified Schedule of Authorizations pre-
pared to accompany the bill H.R. 5743 of the One Hun-
dred Twelfth Congress. 
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.— 
(1) AVAILABILITY
TO
COMMITTEES
OF
CON-
GRESS.—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.—Sub-
ject to paragraph (3), the President shall provide for 
suitable distribution of the classified Schedule of Au-
thorizations, or of appropriate portions of the Sched-
ule, within the executive branch. 
(3) LIMITS ON DISCLOSURE.—In carrying out 
paragraph (2), the President may disclose only that 
budget-related information necessary to execute the 
classified Schedule of Authorizations and shall not 
disclose the Schedule or any portion of the Schedule 
publicly. 
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AUTHORITY FOR INCREASES.—With the approval 
of the Director of the Office of Management and Budget, 
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the Director of National Intelligence may authorize em-
ployment of civilian personnel in excess of the number au-
thorized for fiscal year 2013 by the classified Schedule of 
Authorizations referred to in section 102(a) if the Director 
of National Intelligence determines that such action is 
necessary to the performance of important intelligence 
functions, except that the number of personnel employed 
in excess of the number authorized under such section may 
not, for any element of the intelligence community, exceed 
3 percent of the number of civilian personnel authorized 
under such Schedule for such element. 
(b) AUTHORITY
FOR CONVERSION
OF ACTIVITIES 
PERFORMED BY CONTRACT PERSONNEL.— 
(1) IN GENERAL.—In addition to the authority 
in subsection (a) and subject to paragraph (2), if the 
head of an element of the intelligence community 
makes a determination that activities currently being 
performed by contract personnel should be per-
formed by employees of such element, the Director 
of National Intelligence, in order to reduce a com-
parable number of contract personnel, may authorize 
for that purpose employment of additional full-time 
equivalent personnel in such element equal to the 
number of full-time equivalent contract personnel 
performing such activities. 
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(2) CONCURRENCE AND APPROVAL.—The au-
thority described in paragraph (1) may not be exer-
cised unless the Director of National Intelligence 
concurs with the determination described in such 
paragraph. 
(c) NOTICE
TO
CONGRESSIONAL
INTELLIGENCE 
COMMITTEES.—The Director of National Intelligence 
shall notify the congressional intelligence committees in 
writing at least 15 days prior to each exercise of an au-
thority described in subsection (a). 
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of National In-
telligence for fiscal year 2013 the sum of $530,652,000. 
Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) 
for advanced research and development shall remain avail-
able until September 30, 2014. 
(b) AUTHORIZED PERSONNEL LEVELS.—The ele-
ments within the Intelligence Community Management 
Account of the Director of National Intelligence are au-
thorized 831 full-time or full-time equivalent personnel as 
of September 30, 2013. Personnel serving in such ele-
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ments 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 Ac-
count by subsection (a), there are authorized to be 
appropriated for the Community Management Ac-
count for fiscal year 2013 such additional amounts 
as are specified in the classified Schedule of Author-
izations referred to in section 102(a). Such addi-
tional amounts for advanced research and develop-
ment shall remain available until September 30, 
2014. 
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) 
for elements of the Intelligence Community Manage-
ment Account as of September 30, 2013, there are 
authorized such additional personnel for the Com-
munity 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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TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Cen-
tral Intelligence Agency Retirement and Disability Fund 
for fiscal year 2013 the sum of $514,000,000. 
TITLE III—GENERAL 
PROVISIONS 
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 
BENEFITS AUTHORIZED BY LAW. 
Appropriations authorized by this Act for salary, pay, 
retirement, and other benefits for Federal employees may 
be increased by such additional or supplemental amounts 
as may be necessary for increases in such compensation 
or benefits authorized by law. 
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 
ACTIVITIES. 
The authorization of appropriations by this Act shall 
not be deemed to constitute authority for the conduct of 
any intelligence activity which is not otherwise authorized 
by the Constitution or the laws of the United States. 
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SEC. 303. NON-REIMBURSABLE DETAILS. 
Section 113A of the National Security Act of 1947 
(50 U.S.C. 404h–1) is amended— 
(1) by striking ‘‘An officer or employee of the 
United States or member of the Armed Forces’’ and 
inserting ‘‘(a) CIVILIAN EMPLOYEES.—An officer or 
employee of the United States’’; 
(2) by striking the second sentence; and 
(3) by adding at the end the following new sub-
sections: 
‘‘(b) MEMBERS OF THE ARMED FORCES.—A member 
of the Armed Forces may be detailed to the staff of an 
element of the intelligence community funded through the 
National Intelligence Program on a non-reimbursable 
basis, as jointly agreed to by the head of the receiving 
and detailing elements, for a period not to exceed three 
years. 
‘‘(c) NO LIMITATION ON OTHER AUTHORITY.—This 
section does not limit any other source of authority for 
or non-reimbursable details. 
‘‘(d) NO EFFECT ON APPROPRIATIONS.—A non-reim-
bursable detail made under this section shall not be con-
sidered an augmentation of the appropriations of the ele-
ment of the intelligence community receiving such detail.’’. 
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SEC. 304. STRATEGY FOR SECURITY CLEARANCE RECI-
PROCITY. 
(a) STRATEGY.—The President shall develop a strat-
egy and a timeline for carrying out the requirements of 
section 3001(d) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 435b(d)). Such strat-
egy and timeline shall include— 
(1) a process for accomplishing the reciprocity 
required under such section for a security clearance 
issued by a department or agency of the Federal 
Government, including reciprocity for security clear-
ances 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 Fed-
eral Government. 
(b) CONGRESSIONAL NOTIFICATION.—Not later than 
180 days after the date of the enactment of this Act, the 
President shall inform Congress of the strategy and 
timeline developed under subsection (a). 
SEC. 305. REPEAL OR MODIFICATION OF CERTAIN REPORT-
ING REQUIREMENTS. 
(a) REPEAL OF REPORTING REQUIREMENTS.— 
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(1) ACQUISITION
OF
TECHNOLOGY
RELATING 
TO
WEAPONS
OF
MASS
DESTRUCTION
AND
AD-
VANCED
CONVENTIONAL
MUNITIONS.—Section 721 
of the Intelligence Authorization Act for Fiscal Year 
1997 (50 U.S.C. 2366) is repealed. 
(2) THREAT
OF
ATTACK
ON
THE
UNITED 
STATES
USING
WEAPONS
OF
MASS
DESTRUCTION 
AND THE SAFETY AND SECURITY OF RUSSIAN NU-
CLEAR
FACILITIES
AND
NUCLEAR
MILITARY 
FORCES.—Section 114 of the National Security Act 
of 1947 (50 U.S.C. 404i) is amended— 
(A) in the heading, by striking ‘‘ADDI-
TIONAL ANNUAL REPORTS FROM THE DIRECTOR 
OF
NATIONAL
INTELLIGENCE’’ and inserting 
‘‘ANNUAL REPORT ON HIRING AND RETENTION 
OF MINORITY EMPLOYEES’’; 
(B) by striking subsections (a), (c), and 
(d); 
(C) by striking ‘‘(b) ANNUAL REPORT ON 
HIRING
AND RETENTION
OF MINORITY EM-
PLOYEES.—’’; 
(D) by redesignating paragraphs (1) 
through (5) as subsections (a) through (e), re-
spectively; 
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(E) in subsection (b) (as so redesig-
nated)— 
(i) by redesignating subparagraphs 
(A), (B), and (C), as paragraphs (1), (2), 
and (3), respectively; and 
(ii) in paragraph (2) (as so redesig-
nated), by redesignating clauses (i) and (ii) 
as subparagraphs (A) and (B), respec-
tively; and 
(F) in subsection (e) (as redesignated by 
subparagraph (D)), by redesignating subpara-
graphs (A), (B), and (C), as paragraphs (1), 
(2), and (3), respectively. 
(3) MEASURES TO PROTECT THE IDENTITIES 
OF COVERT AGENTS.—Title VI of the National Secu-
rity Act of 1947 (50 U.S.C. 421 et seq.) is amend-
ed— 
(A) by striking section 603; and 
(B) by redesignating sections 604, 605, 
and 606 as sections 603, 604, and 605, respec-
tively. 
(b) 
MODIFICATION
OF
REPORTING
REQUIRE-
MENTS.— 
(1) INTELLIGENCE
ADVISORY
COMMITTEES.— 
Section 410(b) of the Intelligence Authorization Act 
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for Fiscal Year 2010 (Public Law 111–259; 124 
Stat. 2725) is amended to read as follows: 
‘‘(b) NOTIFICATION OF ESTABLISHMENT OF ADVI-
SORY 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 com-
mittee; and 
‘‘(3) in the case of an advisory committee cre-
ated 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 can-
not comply with the requirements of such Act.’’. 
(2) CUSTOMER FEEDBACK ON DEPARTMENT OF 
HOMELAND SECURITY INTELLIGENCE REPORTING.— 
Section 210A(g)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 124h) is amended— 
(A) by inserting ‘‘and the Select Com-
mittee on Intelligence’’ after ‘‘Committee on 
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Homeland Security and Governmental Affairs’’; 
and 
(B) by inserting ‘‘and the Permanent Se-
lect Committee on Intelligence’’ after ‘‘and the 
Committee on Homeland Security’’. 
(3) INTELLIGENCE
INFORMATION
SHARING.— 
Section 102A(g)(4) of the National Security Act of 
1947 (50 U.S.C. 403–1(g)(4)) is amended to read as 
follows: 
‘‘(4) The Director of National Intelligence shall, in 
a timely manner, report to Congress any statute, regula-
tion, 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 pro-
tection of the national security of the United States.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) REPORT SUBMISSION DATES.—Section 507 
of the National Security Act of 1947 (50 U.S.C. 
415b) is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘(1) The date’’ and in-
serting ‘‘The date’’; 
(ii) in the matter preceding subpara-
graph 
(A), 
by 
striking 
‘‘subsection 
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(c)(1)(A)’’ 
and 
inserting 
‘‘subsection 
(c)(1)’’; 
(iii) by striking paragraph (2); 
(iv) by striking subparagraphs (A) 
and (C); 
(v) in subparagraph (G), by striking 
‘‘114(c)’’ and inserting ‘‘114’’; and 
(vi) by redesignating subparagraphs 
(B), (D), (E), (F), (G), (H), and (I), as 
paragraphs (1), (2), (3), (4), (5), (6), and 
(7), respectively; and 
(B) in subsection (c)(1)— 
(i) by striking ‘‘(A) Except as pro-
vided’’ and inserting ‘‘Except as provided’’; 
and 
(ii) by striking subparagraph (B). 
(2) TABLE OF CONTENTS OF THE NATIONAL 
SECURITY ACT OF 1947.—The table of contents in 
the first section of the National Security Act of 
1947 is amended— 
(A) by striking the item relating to section 
114 and inserting the following new item: 
‘‘Sec. 114. Annual report on hiring and retention of minority employees.’’; 
and 
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(B) by striking the items relating to sec-
tions 603, 604, 605, and 606 and inserting the 
following new items: 
‘‘Sec. 603. Extraterritorial jurisdiction. 
‘‘Sec. 604. Providing information to Congress. 
‘‘Sec. 605. Definitions.’’. 
SEC. 306. SUBCONTRACTOR NOTIFICATION PROCESS. 
Not later than October 1, 2013, the Director of Na-
tional Intelligence shall submit to the congressional intel-
ligence 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 se-
curity clearances and notified of classified contracting op-
portunities within the Federal Government and rec-
ommendations 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 en-
tered into with an element of the intelligence com-
munity are notified of classified contracting opportu-
nities; 
(2) an assessment of any problems that may re-
duce the overall effectiveness of the ability of the in-
telligence community to identify appropriate contrac-
tors at any tier under such a contract; 
(3) an assessment of the role the existing secu-
rity clearance process has in enhancing or hindering 
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