```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3454 Engrossed in Senate (ES)]

112th CONGRESS
  2d Session
                                S. 3454

_______________________________________________________________________

                                 AN ACT

 
 To authorize appropriations for fiscal year 2013 for intelligence and 
intelligence-related activities of the United States Government and the 
     Office of the Director of National Intelligence, the Central 
  Intelligence Agency Retirement and Disability System, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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.

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 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) Authority for Increases.--The Director of National Intelligence 
may authorize the employment of civilian personnel in excess of the 
number of positions for fiscal year 2013 authorized by the classified 
Schedule of Authorizations referred to in section 102(a) if the 
Director of National Intelligence determines that such action is 
necessary to the performance of important intelligence functions, 
except that the number of personnel employed in excess of the number 
authorized under such section may not, for any element of the 
intelligence community, exceed 3 percent of the number of civilian 
personnel authorized under such section for such element.
    (b) Treatment of Certain Personnel.--The Director of National 
Intelligence shall establish guidelines that govern, for each element 
of the intelligence community, the treatment under the personnel levels 
authorized under section 102(a), including any exemption from such 
personnel levels, of employment or assignment in--
            (1) a student program, trainee program, or similar program;
            (2) a reserve corps or as a reemployed annuitant; or
            (3) details, joint duty, or long term, full-time training.
    (c) Notice to Congressional Intelligence Committees.--The Director 
of National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to the initial exercise of 
an authority described in subsection (a).

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 
        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
            (2) in subsection (b), by striking ``October 1, 2013,'' and 
        inserting ``October 1, 2014,''.

SEC. 305. SOFTWARE LICENSING.

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

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

SEC. 308. SUBCONTRACTOR NOTIFICATION PROCESS.

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

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
                    (B) by redesignating subsections (b) and (c) as 
                subsections (a) and (b), respectively.
            (3) Intelligence community business systems budget 
        information.--Section 506D of the National Security Act of 1947 
        (50 U.S.C. 415a-6) is amended by striking subsection (e).
            (4) Measures to protect the identities of covert agents.--
        Title VI of the National Security Act of 1947 (50 U.S.C. 421 et 
        seq.) is amended--
                    (A) by striking section 603; and
                    (B) by redesignating sections 604, 605, and 606 as 
                sections 603, 604, and 605, respectively.
    (b) Technical and Conforming Amendments.--
            (1) Report submission dates.--Section 507 of the National 
        Security Act of 1947 (50 U.S.C. 415b) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) by striking subparagraphs (A), 
                                (C), and (D);
                                    (II) by redesignating subparagraphs 
                                (B), (E), (F), (G), (H), and (I) as 
                                subparagraphs (A), (B), (C), (D), (E), 
                                and (F), respectively; and
                                    (III) in subparagraph (D), as so 
                                redesignated, by striking ``section 
                                114(c).'' and inserting ``section 
                                114(a).''; and
                            (ii) by amending paragraph (2) to read as 
                        follows:
            ``(2) The date for the submittal to the congressional 
        intelligence committees of the annual report on the threat of 
        attack on the United States from weapons of mass destruction 
        required by section 114(b) shall be the date each year provided 
        in subsection (c)(1)(B).'';
                    (B) in subsection (c)(1)(B), by striking ``each'' 
                and inserting ``the''; and
                    (C) in subsection (d)(1)(B), by striking ``an'' and 
                inserting ``the''.
            (2) Table of contents of the national security act of 
        1947.--The table of contents in the first section of the 
        National Security Act of 1947 is amended by striking the items 
        relating to sections 603, 604, 605, and 606 and inserting the 
        following new items:

``Sec. 603. Extraterritorial jurisdiction.
``Sec. 604. Providing information to Congress.
``Sec. 605. Definitions.''.

     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
                            (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. 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) assesses the vulnerability to malicious activity, 
        including cyber crime or espionage, of the telecommunications 
        networks of the United States due to the presence of technology 
        produced by suppliers identified under paragraph (1).
    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (c) Telecommunications Networks of the United States Defined.--In 
this section, the term ``telecommunications networks of the United 
States'' includes--
            (1) telephone systems;
            (2) Internet systems;
            (3) fiber optic lines, including cable landings;
            (4) computer networks; and
            (5) smart grid technology under development by the 
        Department of Energy.

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)).
    (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) 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 Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the Senate December 28, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                                S. 3454

_______________________________________________________________________

                                 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.
```