IB 
Union Calendar No. 343 
112TH CONGRESS 
2D SESSION 
H. R. 5743 
[Report No. 112–490] 
To authorize appropriations for fiscal year 2013 for intelligence and intel-
ligence-related activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence Agency Retire-
ment and Disability System, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 15, 2012 
Mr. ROGERS of Michigan introduced the following bill; which was referred to 
the Select Committee on Intelligence (Permanent Select) 
MAY 22, 2012 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on May 15, 2012] 
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A BILL 
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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
telligence Authorization Act for Fiscal Year 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—INTELLIGENCE ACTIVITIES 
Sec. 101. Authorization of appropriations. 
Sec. 102. Classified Schedule of Authorizations. 
Sec. 103. Personnel ceiling adjustments. 
Sec. 104. Intelligence Community Management Account. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 201. Authorization of appropriations. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Increase in employee compensation and benefits authorized by law. 
Sec. 302. Restriction on conduct of intelligence activities. 
Sec. 303. Non-reimbursable details. 
Sec. 304. Strategy for security clearance reciprocity. 
Sec. 305. Repeal or modification of certain reporting requirements. 
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 
INTELLIGENCE COMMUNITY 
Sec. 401. Clarification on authority of CIA to transfer funds to CIA activities au-
thorized by law. 
Sec. 402. Authorities of the Inspector General for the Central Intelligence Agency. 
Sec. 403. Working capital fund. 
Sec. 404. Intelligence community assistance to counter drug trafficking organiza-
tions using public lands. 
TITLE V—OTHER MATTERS 
Sec. 501. Extension of National Commission for the Review of the Research and 
Development Programs of the United States Intelligence Commu-
nity. 
Sec. 502. Technical amendment to title 5, United States Code. 
Sec. 503. Technical amendment to the National Security Act of 1947. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence commit-
tees’’ means— 
(A) the Select Committee on Intelligence of 
the Senate; and 
(B) the Permanent Select Committee on In-
telligence of the House of Representatives. 
(2) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence 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 fis-
cal year 2013 for the conduct of the intelligence and intel-
ligence-related activities of the following elements of the 
United States Government: 
(1) The Office of the Director of National Intel-
ligence. 
(2) The Central Intelligence Agency. 
(3) The Department of Defense. 
(4) The Defense Intelligence Agency. 
(5) The National Security Agency. 
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(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 authorized 
personnel ceilings as of September 30, 2013, for the conduct 
of the intelligence activities of the elements listed in para-
graphs (1) through (16) of section 101, are those specified 
in the classified Schedule of Authorizations prepared to ac-
company the bill H.R. 5743 of the One Hundred Twelfth 
Congress. 
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(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.— 
(1) AVAILABILITY
TO
COMMITTEES
OF
CON-
GRESS.—The classified Schedule of Authorizations re-
ferred to in subsection (a) shall be made available to 
the Committee on Appropriations of the Senate, the 
Committee on Appropriations of the House of Rep-
resentatives, and to the President. 
(2) DISTRIBUTION BY THE PRESIDENT.—Subject 
to paragraph (3), the President shall provide for suit-
able distribution of the classified Schedule of Author-
izations, or of appropriate portions of the Schedule, 
within the executive branch. 
(3) LIMITS ON DISCLOSURE.—In carrying out 
paragraph (2), the President may disclose only that 
budget-related information necessary to execute the 
classified Schedule of Authorizations and shall not 
disclose the Schedule or any portion of the Schedule 
publicly. 
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AUTHORITY FOR INCREASES.—With the approval 
of the Director of the Office of Management and Budget, 
the Director of National Intelligence may authorize employ-
ment of civilian personnel in excess of the number author-
ized for fiscal year 2013 by the classified Schedule of Au-
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thorizations referred to in section 102(a) if the Director of 
National Intelligence determines that such action is nec-
essary to the performance of important intelligence func-
tions, except that the number of personnel employed in ex-
cess of the number authorized under such section may not, 
for any element of the intelligence community, exceed 3 per-
cent of the number of civilian personnel authorized under 
such Schedule for such element. 
(b) AUTHORITY FOR CONVERSION OF ACTIVITIES PER-
FORMED BY CONTRACT PERSONNEL.— 
(1) IN GENERAL.—In addition to the authority 
in subsection (a) and subject to paragraph (2), if the 
head of an element of the intelligence community 
makes a determination that activities currently being 
performed by contract personnel should be performed 
by employees of such element, the Director of National 
Intelligence, in order to reduce a comparable number 
of contract personnel, may authorize for that purpose 
employment of additional full-time equivalent per-
sonnel in such element equal to the number of full- 
time equivalent contract personnel performing such 
activities. 
(2) CONCURRENCE AND APPROVAL.—The author-
ity described in paragraph (1) may not be exercised 
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unless the Director of National Intelligence concurs 
with the determination described in such paragraph. 
(c) NOTICE TO CONGRESSIONAL INTELLIGENCE COM-
MITTEES.—The Director of National Intelligence shall no-
tify the congressional intelligence committees in writing at 
least 15 days prior to each exercise of an authority de-
scribed 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 Intel-
ligence for fiscal year 2013 the sum of $530,652,000. Within 
such amount, funds identified in the classified Schedule of 
Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until Sep-
tember 30, 2014. 
(b) AUTHORIZED PERSONNEL LEVELS.—The elements 
within the Intelligence Community Management Account of 
the Director of National Intelligence are authorized 831 
full-time or full-time equivalent personnel as of September 
30, 2013. Personnel serving in such elements may be perma-
nent employees of the Office of the Director of National In-
telligence or personnel detailed from other elements of the 
United States Government. 
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(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 appro-
priated for the Community Management Account for 
fiscal year 2013 such additional amounts as are spec-
ified in the classified Schedule of Authorizations re-
ferred to in section 102(a). Such additional amounts 
for advanced research and development shall remain 
available until September 30, 2014. 
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) for 
elements of the Intelligence Community Management 
Account as of September 30, 2013, there are author-
ized such additional personnel for the Community 
Management Account as of that date as are specified 
in the classified Schedule of Authorizations referred to 
in section 102(a). 
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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 Central 
Intelligence Agency Retirement and Disability Fund for fis-
cal 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 ele-
ment of the intelligence community funded through the Na-
tional Intelligence Program on a non-reimbursable basis, 
as jointly agreed to by the head of the receiving and detail-
ing 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 consid-
ered an augmentation of the appropriations of the element 
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 strategy 
and a timeline for carrying out the requirements of section 
3001(d) of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (50 U.S.C. 435b(d)). Such strategy and 
timeline shall include— 
(1) a process for accomplishing the reciprocity 
required under such section for a security clearance 
issued by a department or agency of the Federal Gov-
ernment, including reciprocity for security clearances 
that are issued to both persons who are and who are 
not employees of the Federal Government; and 
(2) a description of the specific circumstances 
under which a department or agency of the Federal 
Government may not recognize a security clearance 
issued by another department or agency of the 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
ADVANCED 
CONVENTIONAL MUNITIONS.—Section 721 of the Intel-
ligence Authorization Act for Fiscal Year 1997 (50 
U.S.C. 2366) is repealed. 
(2) THREAT OF ATTACK ON THE UNITED STATES 
USING
WEAPONS
OF
MASS
DESTRUCTION
AND
THE 
SAFETY AND SECURITY OF RUSSIAN NUCLEAR FACILI-
TIES 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 ‘‘AN-
NUAL REPORT ON HIRING AND RETENTION OF MI-
NORITY EMPLOYEES’’; 
(B) by striking subsections (a), (c), and (d); 
(C) by striking ‘‘(b) ANNUAL REPORT ON 
HIRING AND RETENTION OF MINORITY EMPLOY-
EES.—’’; 
(D) 
by 
redesignating 
paragraphs 
(1) 
through (5) as subsections (a) through (e), re-
spectively; 
(E) in subsection (b) (as so redesignated)— 
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(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), respectively; 
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 Security 
Act of 1947 (50 U.S.C. 421 et seq.) is amended— 
(A) by striking section 603; and 
(B) by redesignating sections 604, 605, and 
606 as sections 603, 604, and 605, respectively. 
(b) MODIFICATION OF REPORTING REQUIREMENTS.— 
(1) INTELLIGENCE
ADVISORY
COMMITTEES.— 
Section 410(b) of the Intelligence Authorization Act 
for Fiscal Year 2010 (Public Law 111–259; 124 Stat. 
2725) is amended to read as follows: 
‘‘(b) NOTIFICATION OF ESTABLISHMENT OF ADVISORY 
COMMITTEE.—The Director of National Intelligence and the 
Director of the Central Intelligence Agency shall each notify 
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(50 U.S.C. 403–1(g)(4)) is amended to read as fol-
lows: 
‘‘(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 max-
imum 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 
(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 
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(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 SE-
CURITY ACT OF 1947.—The table of contents in the 
first section of the National Security Act of 1947 is 
amended— 
(A) by striking the item relating to section 
114 and inserting the following new item: 
‘‘Sec. 114. Annual report on hiring and retention of minority employees.’’; and 
(B) by striking the items relating to sections 
603, 604, 605, and 606 and inserting the fol-
lowing new items: 
‘‘Sec. 603. Extraterritorial jurisdiction. 
‘‘Sec. 604. Providing information to Congress. 
‘‘Sec. 605. Definitions.’’. 
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TITLE IV—MATTERS RELATING 
TO ELEMENTS OF THE INTEL-
LIGENCE COMMUNITY 
SEC. 401. CLARIFICATION ON AUTHORITY OF CIA TO TRANS-
FER FUNDS TO CIA ACTIVITIES AUTHORIZED 
BY LAW. 
Section 5(a)(1) of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403f(a)(1)) is amended by striking ‘‘any 
of the functions or activities authorized under section 104A 
of the National Security Act of 1947 (50 U.S.C. 403–4a).’’ 
and inserting ‘‘any functions or activities of the Agency au-
thorized by law’’. 
SEC. 402. AUTHORITIES OF THE INSPECTOR GENERAL FOR 
THE CENTRAL INTELLIGENCE AGENCY. 
Section 17(e)(7) of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403q(e)(7)) is amended— 
(1) by striking ‘‘Subject to applicable law’’ and 
inserting ‘‘(A) Subject to applicable law’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B)(i) The Inspector General may designate an officer 
or employee appointed in accordance with subparagraph 
(A) as a law enforcement officer solely for purposes of sub-
chapter III of chapter 83 or chapter 84 of title 5, United 
States Code, if such officer or employee is appointed to a 
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position in which the duty is to investigate suspected of-
fenses against the criminal laws of the United States. 
‘‘(ii) In carrying out clause (i), the Inspector General 
shall ensure that any authority under such clause is exer-
cised in a manner consistent with the provisions of section 
3307 of title 5, United States Code, as they relate to law 
enforcement officers. 
‘‘(iii) For purposes of applying sections 3307(d), 
8335(b), and 8425(b) of title 5, United States Code, the In-
spector General may exercise the functions, powers, and du-
ties of an agency head or appointing authority with respect 
to the Office.’’. 
SEC. 403. WORKING CAPITAL FUND. 
Section 21 of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403u) is amended— 
(1) in subsection (b)(1)— 
(A) in subparagraph (B), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (C), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) authorize such providers to advertise 
through Federal Government-owned websites the serv-
ices of such providers to the entities to which such 
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providers are providing items under the program, 
provided that the Director shall not authorize such 
providers to distribute gifts or promotional items.’’; 
and 
(2) in subsection (c)— 
(A) in paragraph (2)(E), by striking 
‘‘equipment or property’’ and inserting ‘‘equip-
ment, recyclable materials, or property’’; and 
(B) in paragraph (3)(B), by striking ‘‘sub-
section 
(f)(2)’’ 
and 
inserting 
‘‘subsections 
(b)(1)(D) and (f)(2)’’. 
SEC. 404. INTELLIGENCE COMMUNITY ASSISTANCE TO 
COUNTER DRUG TRAFFICKING ORGANIZA-
TIONS USING PUBLIC LANDS. 
Section 401(b) of the Intelligence Authorization Act for 
Fiscal Year 2012 (Public Law 112–87; 125 Stat. 1887) is 
amended in the matter preceding paragraph (1)— 
(1) by inserting ‘‘and annually thereafter,’’ after 
‘‘Not later than 180 days after the date of the enact-
ment of this Act,’’; 
(2) by striking ‘‘submit to’’ and inserting ‘‘in-
form’’; 
(3) by striking ‘‘a report on the results’’ and in-
serting ‘‘of the results’’; and 
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