[112th Congress Public Law 277]
[From the U.S. Government Printing Office]
[[Page 2467]]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2013
[[Page 126 STAT. 2468]]
Public Law 112-277
112th Congress
An Act
To authorize appropriations for fiscal year 2013 for intelligence and
intelligence-related activities of the United States Government and the
Office of the Director of National Intelligence, the Central
Intelligence Agency Retirement and Disability System, and for other
purposes. <<NOTE: Jan. 14, 2013 - [S. 3454]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Intelligence
Authorization Act for Fiscal Year 2013.>>
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--BUDGET AND PERSONNEL AUTHORIZATIONS
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 INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Non-reimbursable details.
Sec. 304. Automated insider threat detection program.
Sec. 305. Software licensing.
Sec. 306. Strategy for security clearance reciprocity.
Sec. 307. Improper Payments Elimination and Recovery Act of 2010
compliance.
Sec. 308. Subcontractor notification process.
Sec. 309. Modification of reporting schedule.
Sec. 310. Repeal of certain reporting requirements.
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
Sec. 401. Working capital fund amendments.
TITLE V--OTHER MATTERS
Sec. 501. Homeland Security Intelligence Program.
Sec. 502. Extension of National Commission for the Review of the
Research and Development Programs of the United States
Intelligence Community.
Sec. 503. Protecting the information technology supply chain of the
United States.
Sec. 504. Notification regarding the authorized public disclosure of
national intelligence.
Sec. 505. Technical amendments related to the Office of the Director of
National Intelligence.
Sec. 506. Technical amendment for definition of intelligence agency.
Sec. 507. Budgetary effects.
[[Page 126 STAT. 2469]]
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2013
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel ceilings as of September 30, 2013, for the
conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany the bill S.
3454 of the One Hundred Twelfth Congress.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability to committees of congress.--The classified
Schedule of Authorizations referred to in subsection (a) shall
be made available to the Committee on Appropriations of the
Senate, the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the
[[Page 126 STAT. 2470]]
classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 415c);
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) <<NOTE: Determination.>> Authority for Increases.--The Director
of National Intelligence may authorize the employment of civilian
personnel in excess of the number of positions for fiscal year 2013
authorized by the classified Schedule of Authorizations referred to in
section 102(a) if the Director of National Intelligence determines that
such action is necessary to the performance of important intelligence
functions, except that the number of personnel employed in excess of the
number authorized under such section may not, for any element of the
intelligence community, exceed 3 percent of the number of civilian
personnel authorized under such section for such element.
(b) <<NOTE: Guidelines.>> Treatment of Certain Personnel.--The
Director of National Intelligence shall establish guidelines that
govern, for each element of the intelligence community, the treatment
under the personnel levels authorized under section 102(a), including
any exemption from such personnel levels, of employment or assignment
in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long term, full-time training.
(c) <<NOTE: Deadline.>> Notice to Congressional Intelligence
Committees.--The Director of National Intelligence shall notify the
congressional intelligence committees in writing at least 15 days prior
to the initial exercise of an authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2013 the sum of
$540,721,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2014.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 835 positions as of September 30, 2013.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Community Management
[[Page 126 STAT. 2471]]
Account for fiscal year 2013 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September
30, 2014.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2013, there are authorized such additional personnel for the
Community Management Account as of that date as are specified in
the classified Schedule of Authorizations referred to in section
102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2013 the sum of
$514,000,000.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. 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. 302. 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. 303. NON-REIMBURSABLE DETAILS.
Section 113A of the National Security Act of 1947 (50 U.S.C. 404h-1)
is amended--
(1) by striking ``two years.'' and inserting ``three
years.''; and
(2) by adding at the end ``A non-reimbursable detail made
under this section shall not be considered an augmentation of
the appropriations of the receiving element of the intelligence
community.''.
SEC. 304. AUTOMATED INSIDER THREAT DETECTION PROGRAM.
Section 402 of the Intelligence Authorization Act for Fiscal Year
2011 (Public Law 112-18; 50 U.S.C. 403-1 note) is amended--
(1) in subsection (a), by striking ``October 1, 2012,'' and
inserting ``October 1, 2013,''; and
[[Page 126 STAT. 2472]]
(2) in subsection (b), by striking ``October 1, 2013,'' and
inserting ``October 1, 2014,''.
SEC. 305. SOFTWARE LICENSING.
(a) <<NOTE: Deadline.>> In General.--Not later than 120 days after
the date of the enactment of this Act, each chief information officer
for an element of the intelligence community, in consultation with the
Chief Information Officer of the Intelligence Community, shall--
(1) <<NOTE: Inventory.>> conduct an inventory of software
licenses held by such element, including utilized and unutilized
licenses; and
(2) <<NOTE: Reports.>> report the results of such inventory
to the Chief Information Officer of the Intelligence Community.
(b) Reporting to Congress.--The Chief Information Officer of the
Intelligence Community shall--
(1) not later than 180 days after the date of the enactment
of this Act, provide to the congressional intelligence
committees a copy of each report received by the Chief
Information Officer under subsection (a)(2), along with any
comments the Chief Information Officer wishes to provide; and
(2) transmit any portion of a report submitted under
paragraph (1) involving a component of a department of the
United States Government to the committees of the Senate and of
the House of Representatives with jurisdiction over such
department simultaneously with submission of such report to the
congressional intelligence committees.
SEC. <<NOTE: President. Schedule. 50 USC 435b note.>> 306.
STRATEGY FOR SECURITY CLEARANCE
RECIPROCITY.
(a) Strategy.--The President shall develop a strategy and a schedule
for carrying out the requirements of section 3001(d) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b(d)). Such
strategy and schedule shall include--
(1) a process for accomplishing the reciprocity required
under such section for a security clearance issued by a
department or agency of the Federal Government, including
reciprocity for security clearances that are issued to both
persons who are and who are not employees of the Federal
Government; and
(2) a description of the specific circumstances under which
a department or agency of the Federal Government may not
recognize a security clearance issued by another department or
agency of the Federal Government.
(b) <<NOTE: Deadline.>> Congressional Notification.--Not later than
180 days after the date of the enactment of this Act, the President
shall inform Congress of the strategy and schedule developed under
subsection (a).
SEC. <<NOTE: Deadlines.>> 307. IMPROPER PAYMENTS ELIMINATION AND
RECOVERY ACT OF 2010 COMPLIANCE.
(a) Plan for Compliance.--
(1) In general.--The Director of National Intelligence, the
Director of the Central Intelligence Agency, the Director of the
Defense Intelligence Agency, the Director of the National
Geospatial-Intelligence Agency, and the Director of the National
Security Agency shall each develop a corrective action plan,
with major milestones, that delineates how the Office of the
Director of National Intelligence and each such Agency will
achieve compliance, not later than September 30, 2013, with the
Improper Payments Elimination and Recovery Act of 2010
[[Page 126 STAT. 2473]]
(Public Law 111-204; 124 Stat. 2224), and the amendments made by
that Act.
(2) Submission to congress.--Not later than 45 days after
the date of the enactment of this Act--
(A) each Director referred to in paragraph (1) shall
submit to the congressional intelligence committees the
corrective action plan required by such paragraph; and
(B) the Director of the Defense Intelligence Agency,
the Director of the National Geospatial-Intelligence
Agency, and the Director of the National Security Agency
shall each submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the
House of Representatives the corrective action plan
required by paragraph (1) with respect to the applicable
Agency.
(b) <<NOTE: Assessment.>> Review by Inspectors General.--
(1) In general.--Not later than 45 days after the completion
of a corrective action plan required by subsection (a)(1), the
Inspector General of each Agency required to develop such a
plan, and in the case of the Director of National Intelligence,
the Inspector General of the Intelligence Community, shall
provide to the congressional intelligence committees an
assessment of such plan that includes--
(A) the assessment of the Inspector General of
whether such Agency or Office is or is not likely to
reach compliance with the requirements of the Improper
Payments Elimination and Recovery Act of 2010 (Public
Law 111-204; 124 Stat. 2224), and the amendments made by
that Act, by September 30, 2013; and
(B) the basis of the Inspector General for such
assessment.
(2) Additional submission of reviews of certain inspectors
general.--Not later than 45 days after the completion of a
corrective action plan required by subsection (a)(1), the
Inspector General of the Defense Intelligence Agency, the
Inspector General of the National Geospatial-Intelligence
Agency, and the Inspector General of the National Security
Agency shall each submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives the assessment of the applicable plan provided
to the congressional intelligence committees under paragraph
(1).
SEC. 308. SUBCONTRACTOR NOTIFICATION PROCESS.
Not <<NOTE: Deadline. Reports.>> later than October 1, 2013, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report assessing the method by which
contractors at any tier under a contract entered into with an element of
the intelligence community are granted security clearances and notified
of classified contracting opportunities within the Federal Government
and recommendations for the improvement of such
method. <<NOTE: Assessments. Recommenda- tions.>> Such report shall
include--
(1) an assessment of the current method by which contractors
at any tier under a contract entered into with an element of the
intelligence community are notified of classified contracting
opportunities;
(2) an assessment of any problems that may reduce the
overall effectiveness of the ability of the intelligence
community
[[Page 126 STAT. 2474]]
to identify appropriate contractors at any tier under such a
contract;
(3) an assessment of the role the existing security
clearance process has in enhancing or hindering the ability of
the intelligence community to notify such contractors of
contracting opportunities;
(4) an assessment of the role the current security clearance
process has in enhancing or hindering the ability of contractors
at any tier under a contract entered into with an element of the
intelligence community to execute classified contracts;
(5) a description of the method used by the Director of
National Intelligence for assessing the effectiveness of the
notification process of the intelligence community to produce a
talented pool of subcontractors;
(6) a description of appropriate goals, schedules,
milestones, or metrics used to measure the effectiveness of such
notification process; and
(7) recommendations for improving such notification process.
SEC. 309. MODIFICATION OF REPORTING SCHEDULE.
(a) Inspector General of the Intelligence Community.--Section
103H(k)(1)(A) of the National Security Act of 1947 (50 U.S.C. 403-
3h(k)(1)(A)) is amended--
(1) by striking ``January 31 and July 31'' and inserting
``October 31 and April 30''; and
(2) by striking ``December 31 (of the preceding year) and
June 30,'' and inserting ``September 30 and March 31,''.
(b) Inspector General for the Central Intelligence Agency.--
(1) In general.--Section 17(d)(1) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is
amended--
(A) by striking ``January 31 and July 31'' and
inserting ``October 31 and April 30'';
(B) by striking ``December 31 (of the preceding
year) and June 30,'' and inserting ``September 30 and
March 31,''; and
(C) by striking ``Not later than the dates each year
provided for the transmittal of such reports in section
507 of the National Security Act of 1947,'' and
inserting ``Not later than 30 days after the date of the
receipt of such reports,''.
(2) Conforming amendments.--Section 507(b) of the National
Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2), (3), and (4),
as paragraphs (1), (2), and (3), respectively.
SEC. 310. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Repeal of Reporting Requirements.--
(1) Acquisition of technology relating to weapons of mass
destruction and advanced conventional munitions.--Section 721 of
the Intelligence Authorization Act for Fiscal Year 1997 (50
U.S.C. 2366) is repealed.
(2) Safety and security of russian nuclear facilities and
nuclear military forces.--Section 114 of the National Security
Act of 1947 (50 U.S.C. 404i) is amended--
(A) by striking subsections (a) and (d); and
[[Page 126 STAT. 2475]]
(B) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively.
(3) Intelligence community business systems budget
information.--Section 506D of the National Security Act of 1947
(50 U.S.C. 415a-6) is amended by striking subsection (e).
(4) Measures to protect the identities of covert agents.--
Title VI of the National Security Act of 1947 (50 U.S.C. 421 et
seq.) is amended--
(A) <<NOTE: 50 USC 423.>> by striking section 603;
and
(B) by redesignating sections 604, 605, and 606 as
sections 603, 604, and <<NOTE: 50 USC 424-426.>> 605,
respectively.
(b) Technical and Conforming Amendments.--
(1) Report submission dates.--Section 507 of the National
Security Act of 1947 (50 U.S.C. 415b) is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking subparagraphs (A),
(C), and (D);
(II) by redesignating subparagraphs
(B), (E), (F), (G), (H), and (I) as
subparagraphs (A), (B), (C), (D), (E),
and (F), respectively; and
(III) in subparagraph (D), as so
redesignated, by striking ``section
114(c).'' and inserting ``section
114(a).''; and
(ii) by amending paragraph (2) to read as
follows:
``(2) The date for the submittal to the congressional
intelligence committees of the annual report on the threat of
attack on the United States from weapons of mass destruction
required by section 114(b) shall be the date each year provided
in subsection (c)(1)(B).'';
(B) in subsection (c)(1)(B), by striking ``each''
and inserting ``the''; and
(C) in subsection (d)(1)(B), by striking ``an'' and
inserting ``the''.
(2) Table of contents of the national security act of
1947.--The table of contents in the first section of the
National Security Act of 1947 is amended by striking the items
relating to sections 603, 604, 605, and 606 and inserting the
following new items:
``Sec. 603. Extraterritorial jurisdiction.
``Sec. 604. Providing information to Congress.
``Sec. 605. Definitions.''.
TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
SEC. 401. WORKING CAPITAL FUND AMENDMENTS.
Section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403u) is amended as follows:
(1) In subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and''
at the end;
(ii) in subparagraph (C), by striking
``program.'' and inserting ``program; and''; and
[[Page 126 STAT. 2476]]
(iii) by adding at the end the following:
``(D) authorize such providers to make known their services
to the entities specified in section (a) through Government
communication channels.''; and
(B) by adding at the end the following:
``(3) The authority in paragraph (1)(D) does not include the
authority to distribute gifts or promotional items.''; and
(2) in subsection (c)--
(A) in paragraph (2)(E), by striking ``from the sale
or exchange of equipment or property of a central
service provider'' and inserting ``from the sale or
exchange of equipment, recyclable materials, or property
of a central service provider.''; and
(B) in paragraph (3)(B), by striking ``subsection
(f)(2)'' and inserting ``subsections (b)(1)(D) and
(f)(2)''.
TITLE V--OTHER MATTERS
SEC. 501. <<NOTE: 6 USC 121a.>> HOMELAND SECURITY INTELLIGENCE
PROGRAM.
There is established within the Department of Homeland Security a
Homeland Security Intelligence Program. The Homeland Security
Intelligence Program constitutes the intelligence activities of the
Office of Intelligence and Analysis of the Department that serve
predominantly departmental missions.
SEC. 502. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE
RESEARCH AND DEVELOPMENT PROGRAMS OF THE
UNITED STATES INTELLIGENCE COMMUNITY.
Section 1007(a) of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 50 U.S.C. 401 note) is amended by
striking ``Not later than one year after the date on which all members
of the Commission are appointed pursuant to section 701(a)(3) of the
Intelligence Authorization Act for Fiscal Year 2010,'' and inserting
``Not later than March 31, 2013,''.
SEC. 503. PROTECTING THE INFORMATION TECHNOLOGY SUPPLY CHAIN OF
THE UNITED STATES.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report that--
(1) identifies foreign suppliers of information technology
(including equipment, software, and services) that are linked
directly or indirectly to a foreign government, including--
(A) by ties to the military forces of a foreign
government;
(B) by ties to the intelligence services of a
foreign government; or
(C) by being the beneficiaries of significant low
interest or no interest loans, loan forgiveness, or
other support by a foreign government; and
(2) <<NOTE: Assessment.>> assesses the vulnerability to
malicious activity, including cyber crime or espionage, of the
telecommunications networks of the United States due to the
presence of technology produced by suppliers identified under
paragraph (1).
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
[[Page 126 STAT. 2477]]
(c) Telecommunications Networks of the United States Defined.--In
this section, the term ``telecommunications networks of the United
States'' includes--
(1) telephone systems;
(2) Internet systems;
(3) fiber optic lines, including cable landings;
(4) computer networks; and
(5) smart grid technology under development by the
Department of Energy.
SEC. 504. NOTIFICATION REGARDING THE AUTHORIZED PUBLIC DISCLOSURE
OF NATIONAL INTELLIGENCE.
(a) Notification.--In the event of an authorized disclosure of
national intelligence or intelligence related to national security to
the persons or entities described in subsection (b), the government
official responsible for authorizing the disclosure shall submit to the
congressional intelligence committees on a timely basis a notification
of the disclosure if--
(1) at the time of the disclosure--
(A) such intelligence is classified; or
(B) is declassified for the purpose of the
disclosure; and
(2) the disclosure will be made by an officer, employee, or
contractor of the Executive branch.
(b) Persons or Entities Described.--The persons or entities
described in this subsection are as follows:
(1) Media personnel.
(2) Any person or entity, if the disclosure described in
subsection (a) is made with the intent or knowledge that such
information will be made publicly available.
(c) Content.--Each notification required under subsection (a)
shall--
(1) provide the specific title and authority of the
individual authorizing the disclosure;
(2) if applicable, provide the specific title and authority
of the individual who authorized the declassification of the
intelligence disclosed; and
(3) describe the intelligence disclosed, including the
classification of the intelligence prior to its disclosure or
declassification and the rationale for making the disclosure.
(d) Exception.--The notification requirement in this section does
not apply to a disclosure made--
(1) pursuant to any statutory requirement, including to
section 552 of title 5, United States Code (commonly referred to
as the ``Freedom of Information Act'');
(2) in connection with a civil, criminal, or administrative
proceeding;
(3) as a result of a declassification review process under
Executive Order 13526 (50 U.S.C. 435 note) or any successor
order; or
(4) to any officer, employee, or contractor of the Federal
government or member of an advisory committee to an element of
the intelligence community who possesses an active security
clearance and a need to know the specific national intelligence
or intelligence related to national security, as defined in
section 3(5) of the National Security Act of 1947 (50 U.S.C.
401a(5)).
[[Page 126 STAT. 2478]]
(e) Sunset.--The notification requirements of this section shall
cease to be effective for any disclosure described in subsection (a)
that occurs on or after the date that is one year after the date of the
enactment of this Act.
SEC. 505. TECHNICAL AMENDMENTS RELATED TO THE OFFICE OF THE
DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Personnel Practices.--Section 2302(a)(2)(C) of title 5, United
States Code, is amended by striking clause (ii) and inserting the
following:
``(ii)(I) the Federal Bureau of Investigation, the
Central Intelligence Agency, the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Security Agency, the Office of the Director of
National Intelligence, and the National Reconnaissance
Office; and
``(II) <<NOTE: Determination. President.>> as
determined by the President, any executive agency or
unit thereof the principal function of which is the
conduct of foreign intelligence or counterintelligence
activities, provided that the determination be made
prior to a personnel action; or''.
(b) Senior Executive Service.--Section 3132(a)(1)(B) of title 5,
United States Code, is amended by inserting ``the Office of the Director
of National Intelligence,'' after ``the Central Intelligence Agency,''.
SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE
AGENCY.
Section 606(5) of the National Security Act of 1947 (50 U.S.C. 426)
is amended to read as follows:
``(5) The term `intelligence agency' means the elements of
the intelligence community, as that term is defined in section
3(4).''.
SEC. 507. BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the
[[Page 126 STAT. 2479]]
Congressional Record by the Chairman of the Senate Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Approved January 14, 2013.
LEGISLATIVE HISTORY--S. 3454:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 112-192 (Select Comm. on Intelligence).
CONGRESSIONAL RECORD, Vol. 158 (2012):
Dec. 28, considered and passed Senate.
Dec. 31, considered and passed House.
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