Sec. 103. PERSONNEL CEILING ADJUSTMENTS

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## 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 full-time equivalent positions for fiscal year 2012 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 for 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)Authority for Conversion of Activities Performed by Contract Personnel ####

(1)In general In addition to the authority in subsection

(a)and subject to paragraph (2), if the head of an element of the intelligence community makes a determination that activities currently being performed by contract personnel should be performed by employees of such element, the Director of National Intelligence, in order to reduce a comparable number of contract personnel, may authorize for that purpose employment of additional full-time equivalent personnel in such element equal to the number of full-time equivalent contract personnel performing such activities. ####

(2)Concurrence and approval The authority described in paragraph

(1)may not be exercised unless the Director of National Intelligence concurs with the determination described in such paragraph. ###

(c)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— ####

(1)in a student program, trainee program, or similar program; ####

(2)in a reserve corps or as a reemployed annuitant; or ####

(3)in details, joint duty, or long-term, full-time training. ###

(d)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)or (b).