Text: S.3454 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-277 (01/14/2013)

 
[112th Congress Public Law 277]
[From the U.S. Government Printing Office]



[[Page 2467]]

           INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2013

[[Page 126 STAT. 2468]]

Public Law 112-277
112th Congress

                                 An Act


 
 To authorize appropriations for fiscal year 2013 for intelligence and 
intelligence-related activities of the United States Government and the 
      Office of the Director of National Intelligence, the Central 
  Intelligence Agency Retirement and Disability System, and for other 
             purposes. <<NOTE: Jan. 14, 2013 -  [S. 3454]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Intelligence 
Authorization Act for Fiscal Year 2013.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

            TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by 
           law.
Sec. 303. Non-reimbursable details.
Sec. 304. Automated insider threat detection program.
Sec. 305. Software licensing.
Sec. 306. Strategy for security clearance reciprocity.
Sec. 307. Improper Payments Elimination and Recovery Act of 2010 
           compliance.
Sec. 308. Subcontractor notification process.
Sec. 309. Modification of reporting schedule.
Sec. 310. Repeal of certain reporting requirements.

      TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY

Sec. 401. Working capital fund amendments.

                         TITLE V--OTHER MATTERS

Sec. 501. Homeland Security Intelligence Program.
Sec. 502. Extension of National Commission for the Review of the 
           Research and Development Programs of the United States 
           Intelligence Community.
Sec. 503. Protecting the information technology supply chain of the 
           United States.
Sec. 504. Notification regarding the authorized public disclosure of 
           national intelligence.
Sec. 505. Technical amendments related to the Office of the Director of 
           National Intelligence.
Sec. 506. Technical amendment for definition of intelligence agency.
Sec. 507. Budgetary effects.

[[Page 126 STAT. 2469]]

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 401a(4)).

              TITLE I--BUDGET AND PERSONNEL AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2013 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Levels.--The amounts 
authorized to be appropriated under section 101 and, subject to section 
103, the authorized personnel ceilings as of September 30, 2013, for the 
conduct of the intelligence activities of the elements listed in 
paragraphs (1) through (16) of section 101, are those specified in the 
classified Schedule of Authorizations prepared to accompany the bill S. 
3454 of the One Hundred Twelfth Congress.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability to committees of congress.--The classified 
        Schedule of Authorizations referred to in subsection (a) shall 
        be made available to the Committee on Appropriations of the 
        Senate, the Committee on Appropriations of the House of 
        Representatives, and to the President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the

[[Page 126 STAT. 2470]]

        classified Schedule of Authorizations, or of appropriate 
        portions of the Schedule, within the executive branch.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 415c);
                    (B) to the extent necessary to implement the budget; 
                or
                    (C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) <<NOTE: Determination.>>  Authority for Increases.--The Director 
of National Intelligence may authorize the employment of civilian 
personnel in excess of the number of positions for fiscal year 2013 
authorized by the classified Schedule of Authorizations referred to in 
section 102(a) if the Director of National Intelligence determines that 
such action is necessary to the performance of important intelligence 
functions, except that the number of personnel employed in excess of the 
number authorized under such section may not, for any element of the 
intelligence community, exceed 3 percent of the number of civilian 
personnel authorized under such section for such element.

    (b) <<NOTE: Guidelines.>>  Treatment of Certain Personnel.--The 
Director of National Intelligence shall establish guidelines that 
govern, for each element of the intelligence community, the treatment 
under the personnel levels authorized under section 102(a), including 
any exemption from such personnel levels, of employment or assignment 
in--
            (1) a student program, trainee program, or similar program;
            (2) a reserve corps or as a reemployed annuitant; or
            (3) details, joint duty, or long term, full-time training.

    (c) <<NOTE: Deadline.>>  Notice to Congressional Intelligence 
Committees.--The Director of National Intelligence shall notify the 
congressional intelligence committees in writing at least 15 days prior 
to the initial exercise of an authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2013 the sum of 
$540,721,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2014.
    (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 835 positions as of September 30, 2013. 
Personnel serving in such elements may be permanent employees of the 
Office of the Director of National Intelligence or personnel detailed 
from other elements of the United States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated for the Intelligence Community 
        Management Account by subsection (a), there are authorized to be 
        appropriated for the Community Management

[[Page 126 STAT. 2471]]

        Account for fiscal year 2013 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts for advanced 
        research and development shall remain available until September 
        30, 2014.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Intelligence Community Management Account as of September 30, 
        2013, there are authorized such additional personnel for the 
        Community Management Account as of that date as are specified in 
        the classified Schedule of Authorizations referred to in section 
        102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2013 the sum of 
$514,000,000.

            TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of the 
United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                        AUTHORIZED BY LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.
SEC. 303. NON-REIMBURSABLE DETAILS.

    Section 113A of the National Security Act of 1947 (50 U.S.C. 404h-1) 
is amended--
            (1) by striking ``two years.'' and inserting ``three 
        years.''; and
            (2) by adding at the end ``A non-reimbursable detail made 
        under this section shall not be considered an augmentation of 
        the appropriations of the receiving element of the intelligence 
        community.''.
SEC. 304. AUTOMATED INSIDER THREAT DETECTION PROGRAM.

    Section 402 of the Intelligence Authorization Act for Fiscal Year 
2011 (Public Law 112-18; 50 U.S.C. 403-1 note) is amended--
            (1) in subsection (a), by striking ``October 1, 2012,'' and 
        inserting ``October 1, 2013,''; and

[[Page 126 STAT. 2472]]

            (2) in subsection (b), by striking ``October 1, 2013,'' and 
        inserting ``October 1, 2014,''.
SEC. 305. SOFTWARE LICENSING.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 120 days after 
the date of the enactment of this Act, each chief information officer 
for an element of the intelligence community, in consultation with the 
Chief Information Officer of the Intelligence Community, shall--
            (1) <<NOTE: Inventory.>>  conduct an inventory of software 
        licenses held by such element, including utilized and unutilized 
        licenses; and
            (2) <<NOTE: Reports.>>  report the results of such inventory 
        to the Chief Information Officer of the Intelligence Community.

    (b) Reporting to Congress.--The Chief Information Officer of the 
Intelligence Community shall--
            (1) not later than 180 days after the date of the enactment 
        of this Act, provide to the congressional intelligence 
        committees a copy of each report received by the Chief 
        Information Officer under subsection (a)(2), along with any 
        comments the Chief Information Officer wishes to provide; and
            (2) transmit any portion of a report submitted under 
        paragraph (1) involving a component of a department of the 
        United States Government to the committees of the Senate and of 
        the House of Representatives with jurisdiction over such 
        department simultaneously with submission of such report to the 
        congressional intelligence committees.
SEC. <<NOTE: President. Schedule. 50 USC 435b note.>>  306. 
                        STRATEGY FOR SECURITY CLEARANCE 
                        RECIPROCITY.

    (a) Strategy.--The President shall develop a strategy and a schedule 
for carrying out the requirements of section 3001(d) of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b(d)). Such 
strategy and schedule shall include--
            (1) a process for accomplishing the reciprocity required 
        under such section for a security clearance issued by a 
        department or agency of the Federal Government, including 
        reciprocity for security clearances that are issued to both 
        persons who are and who are not employees of the Federal 
        Government; and
            (2) a description of the specific circumstances under which 
        a department or agency of the Federal Government may not 
        recognize a security clearance issued by another department or 
        agency of the Federal Government.

    (b) <<NOTE: Deadline.>>  Congressional Notification.--Not later than 
180 days after the date of the enactment of this Act, the President 
shall inform Congress of the strategy and schedule developed under 
subsection (a).
SEC. <<NOTE: Deadlines.>>  307. IMPROPER PAYMENTS ELIMINATION AND 
                        RECOVERY ACT OF 2010 COMPLIANCE.

    (a) Plan for Compliance.--
            (1) In general.--The Director of National Intelligence, the 
        Director of the Central Intelligence Agency, the Director of the 
        Defense Intelligence Agency, the Director of the National 
        Geospatial-Intelligence Agency, and the Director of the National 
        Security Agency shall each develop a corrective action plan, 
        with major milestones, that delineates how the Office of the 
        Director of National Intelligence and each such Agency will 
        achieve compliance, not later than September 30, 2013, with the 
        Improper Payments Elimination and Recovery Act of 2010

[[Page 126 STAT. 2473]]

        (Public Law 111-204; 124 Stat. 2224), and the amendments made by 
        that Act.
            (2) Submission to congress.--Not later than 45 days after 
        the date of the enactment of this Act--
                    (A) each Director referred to in paragraph (1) shall 
                submit to the congressional intelligence committees the 
                corrective action plan required by such paragraph; and
                    (B) the Director of the Defense Intelligence Agency, 
                the Director of the National Geospatial-Intelligence 
                Agency, and the Director of the National Security Agency 
                shall each submit to the Committee on Armed Services of 
                the Senate and the Committee on Armed Services of the 
                House of Representatives the corrective action plan 
                required by paragraph (1) with respect to the applicable 
                Agency.

    (b) <<NOTE: Assessment.>>  Review by Inspectors General.--
            (1) In general.--Not later than 45 days after the completion 
        of a corrective action plan required by subsection (a)(1), the 
        Inspector General of each Agency required to develop such a 
        plan, and in the case of the Director of National Intelligence, 
        the Inspector General of the Intelligence Community, shall 
        provide to the congressional intelligence committees an 
        assessment of such plan that includes--
                    (A) the assessment of the Inspector General of 
                whether such Agency or Office is or is not likely to 
                reach compliance with the requirements of the Improper 
                Payments Elimination and Recovery Act of 2010 (Public 
                Law 111-204; 124 Stat. 2224), and the amendments made by 
                that Act, by September 30, 2013; and
                    (B) the basis of the Inspector General for such 
                assessment.
            (2) Additional submission of reviews of certain inspectors 
        general.--Not later than 45 days after the completion of a 
        corrective action plan required by subsection (a)(1), the 
        Inspector General of the Defense Intelligence Agency, the 
        Inspector General of the National Geospatial-Intelligence 
        Agency, and the Inspector General of the National Security 
        Agency shall each submit to the Committee on Armed Services of 
        the Senate and the Committee on Armed Services of the House of 
        Representatives the assessment of the applicable plan provided 
        to the congressional intelligence committees under paragraph 
        (1).
SEC. 308. SUBCONTRACTOR NOTIFICATION PROCESS.

    Not <<NOTE: Deadline. Reports.>>  later than October 1, 2013, the 
Director of National Intelligence shall submit to the congressional 
intelligence committees a report assessing the method by which 
contractors at any tier under a contract entered into with an element of 
the intelligence community are granted security clearances and notified 
of classified contracting opportunities within the Federal Government 
and recommendations for the improvement of such 
method. <<NOTE: Assessments. Recommenda- tions.>> Such report shall 
include--
            (1) an assessment of the current method by which contractors 
        at any tier under a contract entered into with an element of the 
        intelligence community are notified of classified contracting 
        opportunities;
            (2) an assessment of any problems that may reduce the 
        overall effectiveness of the ability of the intelligence 
        community

[[Page 126 STAT. 2474]]

        to identify appropriate contractors at any tier under such a 
        contract;
            (3) an assessment of the role the existing security 
        clearance process has in enhancing or hindering the ability of 
        the intelligence community to notify such contractors of 
        contracting opportunities;
            (4) an assessment of the role the current security clearance 
        process has in enhancing or hindering the ability of contractors 
        at any tier under a contract entered into with an element of the 
        intelligence community to execute classified contracts;
            (5) a description of the method used by the Director of 
        National Intelligence for assessing the effectiveness of the 
        notification process of the intelligence community to produce a 
        talented pool of subcontractors;
            (6) a description of appropriate goals, schedules, 
        milestones, or metrics used to measure the effectiveness of such 
        notification process; and
            (7) recommendations for improving such notification process.
SEC. 309. MODIFICATION OF REPORTING SCHEDULE.

    (a) Inspector General of the Intelligence Community.--Section 
103H(k)(1)(A) of the National Security Act of 1947 (50 U.S.C. 403-
3h(k)(1)(A)) is amended--
            (1) by striking ``January 31 and July 31'' and inserting 
        ``October 31 and April 30''; and
            (2) by striking ``December 31 (of the preceding year) and 
        June 30,'' and inserting ``September 30 and March 31,''.

    (b) Inspector General for the Central Intelligence Agency.--
            (1) In general.--Section 17(d)(1) of the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(1)) is 
        amended--
                    (A) by striking ``January 31 and July 31'' and 
                inserting ``October 31 and April 30'';
                    (B) by striking ``December 31 (of the preceding 
                year) and June 30,'' and inserting ``September 30 and 
                March 31,''; and
                    (C) by striking ``Not later than the dates each year 
                provided for the transmittal of such reports in section 
                507 of the National Security Act of 1947,'' and 
                inserting ``Not later than 30 days after the date of the 
                receipt of such reports,''.
            (2) Conforming amendments.--Section 507(b) of the National 
        Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2), (3), and (4), 
                as paragraphs (1), (2), and (3), respectively.
SEC. 310. REPEAL OF CERTAIN REPORTING REQUIREMENTS.

    (a) Repeal of Reporting Requirements.--
            (1) Acquisition of technology relating to weapons of mass 
        destruction and advanced conventional munitions.--Section 721 of 
        the Intelligence Authorization Act for Fiscal Year 1997 (50 
        U.S.C. 2366) is repealed.
            (2) Safety and security of russian nuclear facilities and 
        nuclear military forces.--Section 114 of the National Security 
        Act of 1947 (50 U.S.C. 404i) is amended--
                    (A) by striking subsections (a) and (d); and

[[Page 126 STAT. 2475]]

                    (B) by redesignating subsections (b) and (c) as 
                subsections (a) and (b), respectively.
            (3) Intelligence community business systems budget 
        information.--Section 506D of the National Security Act of 1947 
        (50 U.S.C. 415a-6) is amended by striking subsection (e).
            (4) Measures to protect the identities of covert agents.--
        Title VI of the National Security Act of 1947 (50 U.S.C. 421 et 
        seq.) is amended--
                    (A) <<NOTE: 50 USC 423.>>  by striking section 603; 
                and
                    (B) by redesignating sections 604, 605, and 606 as 
                sections 603, 604, and <<NOTE: 50 USC 424-426.>> 605, 
                respectively.

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

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

      TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY

SEC. 401. WORKING CAPITAL FUND AMENDMENTS.

    Section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403u) is amended as follows:
            (1) In subsection (b)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (B), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (C), by striking 
                      ``program.'' and inserting ``program; and''; and

[[Page 126 STAT. 2476]]

                          (iii) by adding at the end the following:
            ``(D) authorize such providers to make known their services 
        to the entities specified in section (a) through Government 
        communication channels.''; and
                    (B) by adding at the end the following:

    ``(3) The authority in paragraph (1)(D) does not include the 
authority to distribute gifts or promotional items.''; and
            (2) in subsection (c)--
                    (A) in paragraph (2)(E), by striking ``from the sale 
                or exchange of equipment or property of a central 
                service provider'' and inserting ``from the sale or 
                exchange of equipment, recyclable materials, or property 
                of a central service provider.''; and
                    (B) in paragraph (3)(B), by striking ``subsection 
                (f)(2)'' and inserting ``subsections (b)(1)(D) and 
                (f)(2)''.

                         TITLE V--OTHER MATTERS

SEC. 501. <<NOTE: 6 USC 121a.>>  HOMELAND SECURITY INTELLIGENCE 
                        PROGRAM.

    There is established within the Department of Homeland Security a 
Homeland Security Intelligence Program. The Homeland Security 
Intelligence Program constitutes the intelligence activities of the 
Office of Intelligence and Analysis of the Department that serve 
predominantly departmental missions.
SEC. 502. EXTENSION OF NATIONAL COMMISSION FOR THE REVIEW OF THE 
                        RESEARCH AND DEVELOPMENT PROGRAMS OF THE 
                        UNITED STATES INTELLIGENCE COMMUNITY.

    Section 1007(a) of the Intelligence Authorization Act for Fiscal 
Year 2003 (Public Law 107-306; 50 U.S.C. 401 note) is amended by 
striking ``Not later than one year after the date on which all members 
of the Commission are appointed pursuant to section 701(a)(3) of the 
Intelligence Authorization Act for Fiscal Year 2010,'' and inserting 
``Not later than March 31, 2013,''.
SEC. 503. PROTECTING THE INFORMATION TECHNOLOGY SUPPLY CHAIN OF 
                        THE UNITED STATES.

    (a) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report that--
            (1) identifies foreign suppliers of information technology 
        (including equipment, software, and services) that are linked 
        directly or indirectly to a foreign government, including--
                    (A) by ties to the military forces of a foreign 
                government;
                    (B) by ties to the intelligence services of a 
                foreign government; or
                    (C) by being the beneficiaries of significant low 
                interest or no interest loans, loan forgiveness, or 
                other support by a foreign government; and
            (2) <<NOTE: Assessment.>>  assesses the vulnerability to 
        malicious activity, including cyber crime or espionage, of the 
        telecommunications networks of the United States due to the 
        presence of technology produced by suppliers identified under 
        paragraph (1).

    (b) Form.--The report required under subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

[[Page 126 STAT. 2477]]

    (c) Telecommunications Networks of the United States Defined.--In 
this section, the term ``telecommunications networks of the United 
States'' includes--
            (1) telephone systems;
            (2) Internet systems;
            (3) fiber optic lines, including cable landings;
            (4) computer networks; and
            (5) smart grid technology under development by the 
        Department of Energy.
SEC. 504. NOTIFICATION REGARDING THE AUTHORIZED PUBLIC DISCLOSURE 
                        OF NATIONAL INTELLIGENCE.

    (a) Notification.--In the event of an authorized disclosure of 
national intelligence or intelligence related to national security to 
the persons or entities described in subsection (b), the government 
official responsible for authorizing the disclosure shall submit to the 
congressional intelligence committees on a timely basis a notification 
of the disclosure if--
            (1) at the time of the disclosure--
                    (A) such intelligence is classified; or
                    (B) is declassified for the purpose of the 
                disclosure; and
            (2) the disclosure will be made by an officer, employee, or 
        contractor of the Executive branch.

    (b) Persons or Entities Described.--The persons or entities 
described in this subsection are as follows:
            (1) Media personnel.
            (2) Any person or entity, if the disclosure described in 
        subsection (a) is made with the intent or knowledge that such 
        information will be made publicly available.

    (c) Content.--Each notification required under subsection (a) 
shall--
            (1) provide the specific title and authority of the 
        individual authorizing the disclosure;
            (2) if applicable, provide the specific title and authority 
        of the individual who authorized the declassification of the 
        intelligence disclosed; and
            (3) describe the intelligence disclosed, including the 
        classification of the intelligence prior to its disclosure or 
        declassification and the rationale for making the disclosure.

    (d) Exception.--The notification requirement in this section does 
not apply to a disclosure made--
            (1) pursuant to any statutory requirement, including to 
        section 552 of title 5, United States Code (commonly referred to 
        as the ``Freedom of Information Act'');
            (2) in connection with a civil, criminal, or administrative 
        proceeding;
            (3) as a result of a declassification review process under 
        Executive Order 13526 (50 U.S.C. 435 note) or any successor 
        order; or
            (4) to any officer, employee, or contractor of the Federal 
        government or member of an advisory committee to an element of 
        the intelligence community who possesses an active security 
        clearance and a need to know the specific national intelligence 
        or intelligence related to national security, as defined in 
        section 3(5) of the National Security Act of 1947 (50 U.S.C. 
        401a(5)).

[[Page 126 STAT. 2478]]

    (e) Sunset.--The notification requirements of this section shall 
cease to be effective for any disclosure described in subsection (a) 
that occurs on or after the date that is one year after the date of the 
enactment of this Act.
SEC. 505. TECHNICAL AMENDMENTS RELATED TO THE OFFICE OF THE 
                        DIRECTOR OF NATIONAL INTELLIGENCE.

    (a) Personnel Practices.--Section 2302(a)(2)(C) of title 5, United 
States Code, is amended by striking clause (ii) and inserting the 
following:
                    ``(ii)(I) the Federal Bureau of Investigation, the 
                Central Intelligence Agency, the Defense Intelligence 
                Agency, the National Geospatial-Intelligence Agency, the 
                National Security Agency, the Office of the Director of 
                National Intelligence, and the National Reconnaissance 
                Office; and
                    ``(II) <<NOTE: Determination. President.>>  as 
                determined by the President, any executive agency or 
                unit thereof the principal function of which is the 
                conduct of foreign intelligence or counterintelligence 
                activities, provided that the determination be made 
                prior to a personnel action; or''.

    (b) Senior Executive Service.--Section 3132(a)(1)(B) of title 5, 
United States Code, is amended by inserting ``the Office of the Director 
of National Intelligence,'' after ``the Central Intelligence Agency,''.
SEC. 506. TECHNICAL AMENDMENT FOR DEFINITION OF INTELLIGENCE 
                        AGENCY.

    Section 606(5) of the National Security Act of 1947 (50 U.S.C. 426) 
is amended to read as follows:
            ``(5) The term `intelligence agency' means the elements of 
        the intelligence community, as that term is defined in section 
        3(4).''.
SEC. 507. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go-Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the

[[Page 126 STAT. 2479]]

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

    Approved January 14, 2013.

LEGISLATIVE HISTORY--S. 3454:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-192 (Select Comm. on Intelligence).
CONGRESSIONAL RECORD, Vol. 158 (2012):
            Dec. 28, considered and passed Senate.
            Dec. 31, considered and passed House.

                                  <all>