Pub. L. 109-432, div. A, tit. IV, sec. 417
EXCLUSION OF GAIN FROM SALE OF A PRINCIPAL RESIDENCE BY CERTAIN EMPLOYEES OF THE INTELLIGENCE COMMUNITY.
SEC. 417. EXCLUSION OF GAIN FROM SALE OF A PRINCIPAL RESIDENCE BY CERTAIN EMPLOYEES OF THE INTELLIGENCE COMMUNITY.(a) In General.—Subparagraph (A) of section 121(d)(9) (relating to exclusion of gain from sale of principal residence) is amended by striking “duty” and all that follows and inserting the following:“duty—“(i) as a member of the uniformed services,“(ii) as a member of the Foreign Service of the United States, or“(iii) as an employee of the intelligence community.”.(b) Employee of Intelligence Community Defined.—Subparagraph (C) of section 121(d)(9) is amended by redesignating clause (iv) as clause (v) and by inserting after clause (iii) the following new clause:“(iv) Employee of intelligence community.—The term ‘employee of the intelligence community’ means an employee (as defined by section 2105 of title 5, United States Code) of—“(I) the Office of the Director of National Intelligence,“(II) the Central Intelligence Agency,“(III) the National Security Agency,“(IV) the Defense Intelligence Agency,“(V) the National Geospatial-Intelligence Agency,“(VI) the National Reconnaissance Office,120 STAT. 2966“(VII) any other office within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs,“(VIII) any of the intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, the Department of Treasury, the Department of Energy, and the Coast Guard,“(IX) the Bureau of Intelligence and Research of the Department of State, or“(X) any of the elements of the Department of Homeland Security concerned with the analyses of foreign intelligence information.”.(c) Special Rule.—Subparagraph (C) of section 121(d)(9), as amended by subsection (b), is amended by adding at the end the following new clause:“(vi) Special rule relating to intelligence community.—An employee of the intelligence community shall not be treated as serving on qualified extended duty unless such duty is at a duty station located outside the United States.”.(d) Conforming Amendment.—The heading for section 121(d)(9) is amended to read as follows: “Uniformed services, foreign service, and intelligence community”.(e) Effective Date.—The amendments made by this section shall apply to sales or exchanges after the date of the enactment of this Act and before January 1, 2011.