S. 3454 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To authorize appropriations for fiscal year 2013 for intelligence and intelligencerelated 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. 
S. 3454—2 

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 AUTHORIZA- TIONS.— (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 
S. 3454—3 

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 
S. 3454—4 

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 
S. 3454—5 

(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 
S. 3454—6 

(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 
S. 3454—7 

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 
S. 3454—8 

(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 
S. 3454—9 

(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. 
S. 3454—10 

(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)). 
S. 3454—11 

(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 
S. 3454—12 

Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior 

to the vote on passage. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.