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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3454 Enrolled Bill (ENR)]

        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 
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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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