H. R. 2330

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

To authorize appropriations for fiscal year 1994 for the intelligence and intelligencerelated activities of the United States Government, the Community Management

Account, and the Central Intelligence Agency Retirement and Disability System,

and for other purposes.

Be it enacted by the Senate and House or Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Intelligence Authorization Act

for Fiscal Year 1994’’.

TITLE I—INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

1994 for the conduct of the intelligence and intelligence-related

activities of the following elements of the United States Government:

(1) The Central Intelligence Agency.

(2) The Department of Defense.

(3) The Defense Intelligence Agency.

(4) The National Security Agency.

(5) The National Reconnaissance Office.

(6) The Department of the Army, the Department of the

Navy, and the Department of the Air Force.

(7) The Department of State.

(8) The Department of the Treasury.

(9) The Department of Energy.

(10) The Federal Bureau of Investigation.

(11) The Drug Enforcement Administration.

(12) The Central Imagery Office.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.—

The amounts authorized to be appropriated under section 101,

and the authorized personnel ceilings as of September 30, 1994,

for the conduct of the intelligence and intelligence-related activities

of the elements listed in such section, are those specified in the

classified Schedule of Authorizations prepared to accompany the

conference report on the bill H.R. 2330 of the One Hundred Third

Congress.

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—The Schedule of Authorizations shall be made available

to the Committees on Appropriations of the Senate and House
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of Representatives and to the President. The President shall provide

for suitable distribution of the Schedule, or of appropriate portions

of the Schedule, within the executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

(a) AUTHORITY FOR ADJUSTMENTS.—The Director of Central

Intelligence may authorize employment for civilian personnel in

excess of the number authorized for fiscal year 1994 under section

102 of this Act when the Director determines that such action

is necessary to the performance of important intelligence functions,

except that such number may not, for any element of the intelligence

community, exceed 2 percent of the number of civilian personnel

authorized under such section for such element.

(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Director of

Central Intelligence shall promptly notify the Permanent Select

Committee on Intelligence of the House of Representatives and

the Select Committee on Intelligence of the Senate whenever the

Director exercises the authority granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for the Community Management Account of

the Director of Central Intelligence for fiscal year 1994 the sum

of $113,800,000. Within such amounts authorized, funds identified

in the classified Schedule of Authorizations referred to in section

102(a) for the Advanced Research and Development Committee

and the Environmental Task Force shall remain available until

September 30, 1995.

(b) AUTHORIZED PERSONNEL LEVELS.—The Community Management Account of the Director of Central Intelligence is authorized

222 full-time personnel as of September 30, 1994. Such personnel

of the Community Management Account may be permanent employees of the Community Management Account or personnel detailed

from other elements of the United States Government.

(c) REIMBURSEMENT.—During fiscal year 1994, any officer or

employee of the United States or a member of the Armed Forces

who is detailed to the Community Management Staff from another

element of the United States Government shall be detailed on

a reimbursable basis, except that any such officer, employee or

member may be detailed on a nonreimbursable basis for a period

of less than one year for the performance of temporary functions

as required by the Director of Central Intelligence.

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 1994

the sum of $182,300,000.

SEC. 202. TECHNICAL CORRECTIONS.

(a) IN GENERAL.—The Central Intelligence Agency Retirement

Act is amended—

(1) in section 101(7) (50 U.S.C. 2001(7))—

(A) by striking the comma after ‘‘basic pay’’ and inserting in lieu thereof ‘‘and’’; and
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(B) by striking ‘‘, and interest determined under section

281’’;

(2) in section 201(c) (50 U.S.C. 2011(c)), by striking ‘‘the

proviso of section 102(d)(3) of the National Security Act of

1947 (50 U.S.C. 403(d)(3))’’ and inserting in lieu thereof ‘‘section

103(c)(5) of the National Security Act of 1947 (50 U.S.C. 403–

3(c)(5))’’;

(3) in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by striking ‘‘the requirement under section 241(b)(4)’’ and inserting

in lieu thereof ‘‘prior notification of a current spouse, if any,

unless the participant establishes to the satisfaction of the

Director, in accordance with regulations which the Director

may prescribe, that the participant does not know, and has

taken all reasonable steps to determine, the whereabouts of

the current spouse’’;

(4) in section 221 (50 U.S.C. 2031)—

(A) by striking ‘‘(or, in the case of an annuity computed

under section 232 and based on less than 3 years, over

the total service)’’ in subsection (a)(4);

(B) in subsection (f)(1)(A)—

(i) by inserting ‘‘after the participant’s death’’

before the period in the first sentence; and

(ii) by striking ‘‘after the participant’s death’’ in

the second sentence;

(C) by striking ‘‘(or is remarried’’ in subsection (g)(1)

and inserting in lieu thereof ‘‘(or is remarried,’’; and

(D) by striking ‘‘(except as provided in paragraph (2))’’

in subsection (j);

(5) in section 222 (50 U.S.C. 2032)—

(A) by striking ‘‘other’’ the first place it appears in

subsection (a)(7) and inserting in lieu thereof ‘‘survivor’’;

(B) by inserting ‘‘the participant’’ before ‘‘or does not

qualify’’ in subsection (c)(3)(C); and

(C) by inserting ‘‘spouse’s or the’’ after ‘‘month before

the’’ in subsection (c)(4);

(6) in section 224(c)(1)(B)(i) (50 U.S.C. 2034(c)(1)(B)(i)), by

striking ‘‘former participant’’ and inserting in lieu thereof

‘‘retired participant’’;

(7) in section 225(c) (50 U.S.C. 2035(c))—

(A) by striking ‘‘other’’ the first place it appears in

paragraph (3) and inserting in lieu thereof ‘‘survivor’’; and

(B) by striking ‘‘1991’’ in paragraph (4)(A) and inserting

in lieu thereof ‘‘1990’’;

(8) in section 231(d)(2) (50 U.S.C. 2051(d)(2)), by striking

‘‘241(b)’’ and inserting in lieu thereof ‘‘241(a)’’;

(9) in section 232(b)(4) (50 U.S.C. 2052(b)(4)), by striking

‘‘section 222’’ and inserting in lieu thereof ‘‘section 224’’;

(10) in section 234(b) (50 U.S.C. 2054(b)), by striking ‘‘sections 241 and 281’’ and inserting in lieu thereof ‘‘section 241’’;

(11) in section 241 (50 U.S.C. 2071)—

(A) by striking ‘‘A lump-sum benefit that would have

been payable to a participant, former participant, or annuitant, or to a survivor annuitant, authorized by subsection

(d) or (e) of this section or by section 234(b) or 281(d)’’

in subsection (c) and inserting in lieu thereof ‘‘A lumpsum payment authorized by subsection (d) or (e) of this
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section 281(d) and a payment of any accrued and unpaid

annuity authorized by subsection (f) of this section’’; and

(B) by redesignating subsection (f) as subsection (g)

and inserting after subsection (e) the following new subsection:

‘‘(f) PAYMENT OF ACCRUED AND UNPAID ANNUITY WHEN RETIRED

PARTICIPANT DIES.—If a retired participant dies, any annuity

accrued and unpaid shall be paid in accordance with subsection

(c).’’;

(12) in section 264(b) (50 U.S.C. 2094)—

(A) by inserting ‘‘and’’ after the semicolon at the end

of paragraph (2);

(B) by striking ‘‘and to any payment of a return of

contributions under section 234(a); and’’ in paragraph (3)

and inserting in lieu thereof ‘‘, and the amount of any

such payment;’’; and

(C) by striking paragraph (4);

(13) in section 265 (50 U.S.C. 2095), by striking ‘‘Act’’

in both places it appears and inserting in lieu thereof ‘‘title’’;

(14) in section 291(b)(2) (50 U.S.C. 2131(b)(2)), by striking

‘‘or section 232(c)’’; and

(15) in section 304(i)(1) (50 U.S.C. 2154(i)(1)), by striking

‘‘section 102(a)(3)’’ and inserting in lieu thereof ‘‘section

102(a)(4)’’.

(b) RETROACTIVE EFFECTIVE DATE.—The amendments made by

subsection (a) shall take effect as of February 1, 1993.

SEC. 203. SURVIVOR ANNUITY, RETIREMENT ANNUITY, AND HEALTH

BENEFITS FOR CERTAIN EX-SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES.

(a) SURVIVOR ANNUITY.— (1) IN GENERAL.— (A) ENTITLEMENT OF FORMER WIFE OR HUSBAND.—Any

person who was divorced on or before December 4, 1991,

from a participant or retired participant in the Central

Intelligence Agency Retirement and Disability System and

who was married to such participant for not less than

10 years during such participant’s creditable service, at

least five years of which were spent by the participant

during the participant’s service as an employee of the

Central Intelligence Agency outside the United States, or

otherwise in a position the duties of which qualified the

participant for designation by the Director of Central Intelligence as a participant under section 203 of the Central

Intelligence Agency Retirement Act (50 U.S.C. 2013), shall

be entitled, except to the extent such person is disqualified

under paragraph (2), to a survivor annuity equal to 55

percent of the greater of—

(i) the unreduced amount of the participant’s annuity, as computed under section 221(a) of such Act;

or

(ii) the unreduced amount of what such annuity

as so computed would be if the participant had not

elected payment of the lump-sum credit under section

294 of such Act.

(B) REDUCTION IN SURVIVOR ANNUITY.—A survivor

annuity payable under this subsection shall be reduced
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by an amount equal to any survivor annuity payments

made to the former wife or husband under section 226

of such Act.

(2) LIMITATIONS.—A former wife or husband is not entitled

to a survivor annuity under this subsection if—

(A) the former wife or husband remarries before age

55, except that the entitlement of the former wife or husband to such a survivor annuity shall be restored on the

date such remarriage is dissolved by death, annulment,

or divorce;

(B) the former wife or husband is less than 50 years

of age; or

(C) the former wife or husband meets the definition

of ‘‘former spouse’’ that was in effect under section 204(b)(4)

of the Central Intelligence Agency Retirement Act of 1964

for Certain Employees before December 4, 1991.

(3) COMMENCEMENT AND TERMINATION OF ANNUITY.—

(A) COMMENCEMENT OF ANNUITY.—The entitlement of

a former wife or husband to a survivor annuity under

this subsection shall commence—

(i) in the case of a former wife or husband of

a participant or retired participant who is deceased

as of October 1, 1994, beginning on the later of—

(I) the 60th day after such date; or

(II) the date on which the former wife or husband reaches age 50; and

(ii) in the case of any other former wife or husband,

beginning on the latest of— (I) the date on which the participant or retired

participant to whom the former wife or husband

was married dies;

(II) the 60th day after October 1, 1994; or

(III) the date on which the former wife or

husband attains age 50. (B) TERMINATION OF ANNUITY.—The entitlement of a

former wife or husband to a survivor annuity under this

subsection terminates on the last day of the month before

the former wife’s or husband’s death or remarriage before

attaining age 55. The entitlement of a former wife or husband to such a survivor annuity shall be restored on the

date such remarriage is dissolved by death, annulment,

or divorce.

(4) ELECTION OF BENEFITS.—A former wife or husband of

a participant or retired participant shall not become entitled

under this subsection to a survivor annuity or to the restoration

of the survivor annuity unless the former wife or husband

elects to receive it instead of any other survivor annuity to

which the former wife or husband may be entitled under the

Central Intelligence Agency Retirement and Disability System

or any other retirement system for Government employees on

the basis of a marriage to someone other than the participant.

(5) APPLICATION.—

(A) TIME LIMIT; WAIVER.—A survivor annuity under

this subsection shall not be payable unless appropriate

written application is provided to the Director, complete

with any supporting documentation which the Director may

by regulation require. Any such application shall be submit-
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ted not later than October 1, 1995. The Director may waive

the application deadline under the preceding sentence in

any case in which the Director determines that the circumstances warrant such a waiver.

(B) RETROACTIVE BENEFITS.—Upon approval of an

application provided under subparagraph (A), the appropriate survivor annuity shall be payable to the former

wife or husband with respect to all periods before such

approval during which the former wife or husband was

entitled to such annuity under this subsection, but in no

event shall a survivor annuity be payable under this subsection with respect to any period before October 1, 1994.

(6) RESTORATION OF ANNUITY.—Notwithstanding paragraph

(5)(A), the deadline by which an application for a survivor

annuity must be submitted shall not apply in cases in which

a former spouse’s entitlement to such a survivor annuity is

restored after October 1, 1994, under paragraph (2)(A) or (3)(B).

(7) APPLICABILITY IN CASES OF PARTICIPANTS TRANSFERRED

TO FERS.—

(A) ENTITLEMENT.—Except as provided in paragraph

(2), this subsection shall apply to a former wife or husband

of a participant under the Central Intelligence Agency

Retirement and Disability System who has elected to

become subject to chapter 84 of title 5, United States

Code.

(B) AMOUNT OF ANNUITY.—The survivor annuity of a

person covered by subparagraph (A) shall be equal to 50

percent of the unreduced amount of the participant’s annuity computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 and shall

be reduced by an amount equal to any survivor annuity

payments made to the former wife or husband under section 8445 of title 5, United States Code.

(b) RETIREMENT ANNUITY.—

(1) IN GENERAL.—

(A) ENTITLEMENT OF FORMER WIFE OR HUSBAND.—A

person described in subsection (a)(1)(A) shall be entitled,

except to the extent such former spouse is disqualified

under paragraph (2), to an annuity—

(i) if married to the participant throughout the

creditable service of the participant, equal to 50 percent

of the annuity of the participant; or

(ii) if not married to the participant throughout

such creditable service, equal to that former wife’s

or husband’s pro rata share of 50 percent of such

annuity (determined in accordance with section

222(a)(1)(B) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2032 (a)(1)(B)).

(B) REDUCTION IN RETIREMENT ANNUITIES.—

(i) AMOUNT OF REDUCTION.—An annuity payable

under this subsection shall be reduced by an amount

equal to any apportionment payments payable to the

former wife or husband pursuant to the terms of a

court order incident to the dissolution of the marriage

of such former spouse and the participant, former

participant, or retired participant.
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(ii) DEFINITION OF TERMS.—For purposes of clause

(i):

(I) APPORTIONMENT.—The term ‘‘apportionment’’ means a portion of a retired participant’s

annuity payable to a former wife or husband either

by the retired participant or the Government in

accordance with the terms of a court order.

(II) COURT ORDER.—The term ‘‘court order’’

means any decree of divorce or annulment or any

court order or court-approved property settlement

agreement incident to such decree.

(2) LIMITATIONS.—A former wife or husband is not entitled

to an annuity under this subsection if—

(A) the former wife or husband remarries before age

55, except that the entitlement of the former wife or husband to an annuity under this subsection shall be restored

on the date such remarriage is dissolved by death, annulment, or divorce;

(B) the former wife or husband is less than 50 years

of age; or

(C) the former wife or husband meets the definition

of ‘‘former spouse’’ that was in effect under section 204(b)(4)

of the Central Intelligence Agency Retirement Act of 1964

for Certain Employees before December 4, 1991.

(3) COMMENCEMENT AND TERMINATION.—

(A) RETIREMENT ANNUITIES.—The entitlement of a

former wife or husband to an annuity under this

subsection—

(i) shall commence on the later of—

(I) October 1, 1994;

(II) the day the participant upon whose service

the right to the annuity is based becomes entitled

to an annuity under such Act; or (III) such former wife’s or husband’s 50th

birthday; and

(ii) shall terminate on the earlier of—

(I) the last day of the month before the former

wife or husband dies or remarries before 55 years

of age, except that the entitlement of the former

wife or husband to an annuity under this subsection shall be restored on the date such

remarriage is dissolved by death, annulment, or

divorce; or

(II) the date on which the annuity of the

participant terminates.

(B) DISABILITY ANNUITIES.—Notwithstanding subparagraph (A)(i)(II), in the case of a former wife or husband

of a disability annuitant—

(i) the annuity of the former wife or husband shall

commence on the date on which the participant would

qualify on the basis of the participant’s creditable service for an annuity under the Central Intelligence

Agency Retirement Act (other than a disability annuity) or the date the disability annuity begins, whichever

is later; and

(ii) the amount of the annuity of the former wife

or husband shall be calculated on the basis of the
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annuity for which the participant would otherwise so

qualify.

(C) ELECTION OF BENEFITS.—A former wife or husband

of a participant or retired participant shall not become

entitled under this subsection to an annuity or to the

restoration of an annuity unless the former wife or husband

elects to receive it instead of any survivor annuity to which

the former wife or husband may be entitled under the

Central Intelligence Agency Retirement and Disability System or any other retirement system for Government

employees on the basis of a marriage to someone other

than the participant.

(D) APPLICATION.—

(i) TIME LIMIT; WAIVER.—An annuity under this

subsection shall not be payable unless appropriate

written application is provided to the Director of

Central Intelligence, complete with any supporting

documentation which the Director may by regulation

require, not later than October 1, 1995. The Director

may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.

(ii) RETROACTIVE BENEFITS.—Upon approval of an

application under clause (i), the appropriate annuity

shall be payable to the former wife or husband with

respect to all periods before such approval during

which the former wife or husband was entitled to an

annuity under this subsection, but in no event shall

an annuity be payable under this subsection with

respect to any period before October 1, 1994. (4) RESTORATION OF ANNUITIES.—Notwithstanding para- graph (3)(D)(i), the deadline by which an application for a

retirement annuity must be submitted shall not apply in cases

in which a former spouse’s entitlement to such annuity is

restored after October 1, 1994, under paragraph (2)(A) or

(3)(A)(ii).

(5) APPLICABILITY IN CASES OF PARTICIPANTS TRANSFERRED

TO FERS.—The provisions of this subsection shall apply to a

former wife or husband of a participant under the Central

Intelligence Agency Retirement and Disability System who has

elected to become subject to chapter 84 of title 5, United States

Code. For purposes of this paragraph, any reference in this

section to a participant’s annuity under the Central Intelligence

Agency Retirement and Disability System shall be deemed to

refer to the transferred participant’s annuity computed in

accordance with section 302(a) of the Federal Employee’s Retirement System Act of 1986.

(6) SAVINGS PROVISION.—Nothing in this subsection shall

be construed to impair, reduce, or otherwise affect the annuity

or the entitlement to an annuity of a participant or former

participant under title II or III of the Central Intelligence

Agency Retirement Act.

(c) HEALTH BENEFITS.—

(1) IN GENERAL.—Section 16 of the Central Intelligence

Agency Act of 1949 (50 U.S.C. 403p) is amended—

(A) by redesignating subsections (c) through (e) as subsections (e) through (g), respectively; and
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(B) by inserting after subsection (b) the following:

‘‘(c) ELIGIBILITY OF FORMER WIVES OR HUSBANDS.—(1) Notwithstanding subsections (a) and (b) and except as provided in subsections (d), (e), and (f), an individual—

‘‘(A) who was divorced on or before December 4, 1991,

from a participant or retired participant in the Central Intelligence Agency Retirement and Disability System or the Federal

Employees Retirement System Special Category;

‘‘(B) who was married to such participant for not less

than ten years during the participant’s creditable service, at

least five years of which were spent by the participant during

the participant’s service as an employee of the Agency outside

the United States, or otherwise in a position the duties of

which qualified the participant for designation by the Director

of Central Intelligence as a participant under section 203 of

the Central Intelligence Agency Retirement Act (50 U.S.C.

2013); and

‘‘(C) who was enrolled in a health benefits plan as a family

member at any time during the 18-month period before the

date of dissolution of the marriage to such participant;

is eligible for coverage under a health benefits plan.

‘‘(2) A former spouse eligible for coverage under paragraph

(1) may enroll in a health benefits plan in accordance with subsection (b)(1), except that the election for such enrollment must

be submitted within 60 days after the date on which the Director

notifies the former spouse of such individual’s eligibility for health

insurance coverage under this subsection.

‘‘(d) CONTINUATION OF ELIGIBILITY.—Notwithstanding subsections (a), (b), and (c) and except as provided in subsections

(e) and (f), an individual divorced on or before December 4, 1991,

from a participant or retired participant in the Central Intelligence

Agency Retirement and Disability System or Federal Employees’

Retirement System Special Category who enrolled in a health

benefits plan following the dissolution of the marriage to such

participant may continue enrollment following the death of such

participant notwithstanding the termination of the retirement annuity of such individual.’’.

(2) CONFORMING AMENDMENTS.—(A) Subsection (a) of such

section is amended by striking ‘‘subsection (c)(1)’’ and inserting

in lieu thereof ‘‘subsection (e)’’.

(B) Subsection (e)(2) of such section (as redesignated by

paragraph (1) of this section) is amended by inserting ‘‘or to

subsection (d)’’ after ‘‘subsection (b)(1)’’.

(d) SOURCE OF PAYMENT FOR ANNUITIES.—Annuities provided

under subsections (a) and (b) shall be payable from the Central

Intelligence Agency Retirement and Disability Fund maintained

under section 202 of the Central Intelligence Agency Retirement

Act (50 U.S.C. 2012).

(e) EFFECTIVE DATE.—

(1) IN GENERAL.—Except as provided in paragraph (2), subsections (a) and (b) shall take effect as of October 1, 1994,

the amendments made by subsection (c) shall apply to individuals on and after October 1, 1994, and no benefits provided

pursuant to those subsections shall be payable with respect

to any period before October 1, 1994.
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(2) Section 16(d) of the Central Intelligence Agency Act

of 1949 (as added by subsection (c) of this section) shall apply

to individuals beginning on the date of enactment of this Act.

SEC. 204. CROSS-REFERENCE CORRECTIONS TO REVISED CIARDS

STATUTE.

(a) ANNUAL INTELLIGENCE AUTHORIZATION ACTS.—Section 306

of the Intelligence Authorization Act, Fiscal Year 1990 (50 U.S.C.

403r–1) is amended by striking ‘‘section 303 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees’’

and inserting in lieu thereof ‘‘section 303 of the Central Intelligence

Agency Retirement Act (50 U.S.C. 2153)’’. (b) FOREIGN SERVICE ACT OF 1980.—The Foreign Service Act

of 1980 is amended—

(1) in section 853 (22 U.S.C. 4071b), by striking ‘‘title

II of the Central Intelligence Agency Retirement Act of 1964

for Certain Employees’’ in subsection (c) and inserting in lieu

thereof ‘‘title II of the Central Intelligence Agency Retirement

Act (50 U.S.C. 2011 et seq.)’’;

(2) in section 854 (22 U.S.C. 4071c)—

(A) by striking ‘‘title II of the Central Intelligence

Agency Retirement Act of 1964 for Certain Employees’’

in subsection (a)(3) and inserting in lieu thereof ‘‘title II

of the Central Intelligence Agency Retirement Act (50

U.S.C. 2011 et seq.)’’; and

(B) by striking ‘‘title III of the Central Intelligence

Agency Retirement Act of 1964 for Certain Employees’’

in subsection (d) and inserting in lieu thereof ‘‘title III

of the Central Intelligence Agency Retirement Act (50

U.S.C. 2151 et seq.)’’; and

(3) in section 855 (22 U.S.C. 4071d), by striking ‘‘under

title II of the Central Intelligence Agency Retirement Act of

1964 for Certain Employees or under section 302(a) or 303(b)

of that Act’’ in subsection (b)(2)(A)(ii) and inserting in lieu

thereof ‘‘under title II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.) or under section 302(a)

or 303(b) of that Act (50 U.S.C. 2152(a), 2153(b))’’.

(c) INTERNAL REVENUE CODE OF 1986.—Section 3121(b)(5)(H)(i)

of the Internal Revenue Code of 1986 is amended by striking

‘‘section 307 of the Central Intelligence Agency Retirement Act

of 1964 for Certain Employees’’ and inserting in lieu thereof ‘‘section

307 of the Central Intelligence Agency Retirement Act (50 U.S.C.

2157)’’.

(d) SOCIAL SECURITY ACT.—Section 210(a)(5)(H)(i) of the Social

Security Act (42 U.S.C. 410(a)(5)(H)(i)) is amended by striking

‘‘section 307 of the Central Intelligence Agency Retirement Act

of 1964 for Certain Employees’’ and inserting in lieu thereof ‘‘section

307 of the Central Intelligence Agency Retirement Act (50 U.S.C.

2157)’’.

TITLE III—GENERAL PROVISIONS

SEC. 301. 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
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by such additional or supplemental amounts as may be necessary

for increases in such compensation or benefits authorized by law.

SEC. 302. 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

laws of the United States.

SEC. 303. TEMPORARY PAY RETENTION FOR CERTAIN FBI EMPLOYEES.

(a) IN GENERAL.—Section 406 of the Federal Employees Pay Comparability Act of 1990 (104 Stat. 1467) is amended to read

as follows:

‘‘SEC. 406. FBI NEW YORK FIELD DIVISION.

‘‘(a) The total pay of an employee of the Federal Bureau of Investigation assigned to the New York Field Division before the

date of September 29, 1993, in a position covered by the demonstration project conducted under section 601 of the Intelligence

Authorization Act for Fiscal Year 1989 (Public Law 100–453) shall

not be reduced as a result of the termination of the demonstration

project during the period that employee remains employed after

that date in a position covered by the demonstration project. ‘‘(b) Beginning on September 30, 1993, any periodic payment under section 601(a)(2) of the Intelligence Authorization Act for

Fiscal Year 1989 for any such employee shall be reduced by the

amount of any increase in basic pay under title 5, United States

Code, including the following provisions: an annual adjustment

under section 5303, locality-based comparability payment under

section 5304, initiation or increase in a special pay rate under

section 5305, promotion under section 5334, periodic step increase

under section 5335, merit increase under section 5404, or other

increase to basic pay under any provision of law.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect as of September 30, 1993, and shall apply to

the pay of employees to whom the amendment applies that is

earned on or after that date.

SEC. 304. ANNUAL REPORT ON INTELLIGENCE COMMUNITY.

(a) ANNUAL DCI REPORT.—Title I of the National Security Act of 1947 is amended by adding at the end the following new

section:

‘‘ANNUAL REPORT ON INTELLIGENCE COMMUNITY ACTIVITIES

‘‘SEC. 109. (a) IN GENERAL.—The Director of Central Intelligence shall submit to Congress an annual report on the activities

of the intelligence community. The annual report under this section

shall be unclassified.

‘‘(b) MATTERS TO BE COVERED IN ANNUAL REPORT.—Each report

under this section shall describe—

‘‘(1) the activities of the intelligence community during

the preceding fiscal year, including significant successes and

failures that can be described in an unclassified manner; and

‘‘(2) the areas of the world and the issues that the Director

expects will require increased or unusual attention from the

intelligence community during the next fiscal year.

‘‘(c) TIME FOR SUBMISSION.—The report under this section for

any year shall be submitted at the same time that the President
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submits the budget for the next fiscal year pursuant to section

1105 of title 31, United States Code.’’.

(b) CLERICAL AMENDMENT.—The table of contents in the first

section of such Act is amended by inserting after the item relating

to section 108 the following new item:

‘‘Sec. 109. Annual report on intelligence community activities.’’.

SEC. 305. SECURITY REVIEWS.

(a) FINDINGS.—The Congress finds that—

(1) the President directed the Director of the Information

Security Oversight Office to review Executive Order 12356

and other directives relating to the protection of national security information and to report no later than November 30,

1993; and

(2) the Secretary of Defense and the Director of Central

Intelligence have established a joint security commission to

conduct a review of security practices and procedures at the

Department of Defense and the Central Intelligence Agency

and to report within 1 year of the establishment of the commission.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) the Director of Central Intelligence, the Secretary of

Defense, and the Director of the Information Security Oversight

Office should conduct the reviews referred to in subsection

(a) with maximum consultation with each other; and

(2) the results of these reviews should be incorporated

into a consolidated recommendation for the President.

SEC. 306. REPORT ON UNITED STATES EFFORTS TO COUNTER

TERRORISM.

(a) IN GENERAL.—The Secretary of State, the Attorney General

of the United States, and the Director of Central Intelligence shall

jointly submit to the Congress, not later than May 1, 1994, a

report on United States Government programs to counter terrorism.

(b) MATTERS TO BE COVERED IN REPORT.—The report required

by subsection (a) shall, at a minimum—

(1) identify Federal Government activities, programs and

assets which are being utilized or could be utilized to counter

terrorism;

(2) assess the processing, analysis, and distribution of intelligence or terrorism and make recommendations for improvement;

(3) make recommendations on appropriate national policies,

both preventive and reactive, to counter terrorism;

(4) assess the coordination among law enforcement, intelligence, and defense agencies involved in counterterrorism

activities and make recommendations concerning how coordination can be improved; and

(5) assess whether there should be more centralized operational control over Federal Government activities, programs,

and assets utilized to counter terrorism, and, if so, make recommendations concerning how such control should be achieved.

SEC. 307. REPORT ON INTELLIGENCE GAPS.

(a) REPORT.—The Director of Central Intelligence and the Secretary of Defense jointly shall prepare and submit by February

15, 1994, to the Select Committee on Intelligence, the Committee
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on Armed Services, and the Committee on Appropriations of the

Senate, and to the Permanent Select Committee on Intelligence,

the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives a report described in

subsection (b).

(b) CONTENTS OF REPORT.—The report required by subsection

(a) shall—

(1) identify and assess the critical gaps between the

information needs of the United States Government and intelligence collection capabilities, to include the identification of

topics and areas of the world of significant interest to the

United States to which the application of additional resources,

technology, or other efforts would generate new information

of high priority to senior officials of the United States Government;

(2) identify and assess gaps in the ability of the intelligence

community (as defined in section 3(4) of the National Security

Act of 1947) to provide intelligence support needed by the

Armed Forces of the United States and, in particular, by the

commanders of combatant commands established under section

161(a) of title 10, United States Code; and

(3) contain joint recommendations of the Director of Central

Intelligence and the Secretary of Defense on appropriate means,

to include specific budgetary adjustments, for reducing or

eliminating the gaps identified under paragraphs (1) and (2).

SEC. 308. INTELLIGENCE COMMUNITY CONTRACTING.

It is the sense of Congress that the Director of Central Intelligence should continue to direct that elements of the intelligence

community, whenever compatible with the national security

interests of the United States and consistent with the operational

and security concerns related to the conduct of intelligence activities, and where fiscally sound, should award contracts in a manner

that would maximize the procurement of products properly designated as having been made in the United States.

SEC. 309. AMENDMENT TO SECTION 307 OF THE NATIONAL SECURITY

ACT.

Section 307 of the National Security Act of 1947 is amended

by striking ‘‘provisions and purposes of this Act’’ and inserting

in lieu thereof ‘‘provisions and purposes of this Act (other than

the provisions and purposes of sections 102, 103, 104, 105 and

titles V, VI, and VII)’’.

SEC. 310. RATIFICATION OF FUNDING TRANSACTION.

Funds obligated or expended for the Accelerated Architecture

Acquisition Initiative of the Plan to Improve the Imagery Ground

Architecture based upon the notification to the appropriate committees of Congress by the Director of Central Intelligence dated

August 16, 1993, shall be deemed to have been specifically authorized by the Congress for purposes of section 504(a)(3) of the National

Security Act of 1947.

SEC. 311. NATIONAL SECURITY EDUCATION TRUST FUND.

(a) REDUCTION OF AMOUNTS IN TRUST FUND.—The amount

in the National Security Education Trust Fund established pursuant to section 804 of Public Law 102–183 (50 U.S.C. 1904) in

excess of $120,000,000 that has not been appropriated from the
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trust fund as of the date of enactment of this Act shall be transferred to the Treasury of the United States as miscellaneous

receipts.

(b) ANNUAL ASSESSMENT.—(1) Section 806 of such Public Law

(50 U.S.C. 1903) is amended by adding at the end the following

new subsection:

‘‘(d) CONSULTATION.—During the preparation of each report

required by subsection (a), the Secretary shall consult with the

members of the Board specified in paragraphs (1) through (7) of

section 803(b). Each such member shall submit to the Secretary

an assessment of their hiring needs in the areas of language and

area studies and a projection of the deficiencies in such areas.

The Secretary shall include all assessments in the report required

by subsection (a).’’.

(2) Section 802(a) of such Public Law (50 U.S.C. 1902(a)) is

amended—

(A) in paragraph (1)(A), by inserting before the semicolon

at the end the following: ‘‘in those language and study areas

where deficiencies exist (as identified in the assessments undertaken pursuant to section 806(d))’’; and

(B) in paragraph (1)(B)(i), by inserting before the semicolon

at the end the following: ‘‘and in which deficiencies exist (as

identified in the assessments undertaken pursuant to section

806(d))’’.

(c) FUNDING FOR FISCAL YEARS 1993 THROUGH 1996.—Title

VIII of such Public Law (50 U.S.C. 1901 et seq.) is amended by

adding at the end the following:

‘‘SEC. 810. FUNDING.

‘‘(a) FISCAL YEARS 1993 AND 1994.—Amounts appropriated to

carry out this title for fiscal years 1993 and 1994 shall remain

available until expended.

‘‘(b) FISCAL YEARS 1995 AND 1996.—There is authorized to

be appropriated from, and may be obligated from, the Fund for

each of the fiscal years 1995 and 1996 not more than the amount

credited to the Fund in interest only for the preceding fiscal year

under section 804(e).’’.

(d) TECHNICAL CORRECTION.—Section 802(a)(1)(A) of such Public Law (50 U.S.C. 1902(a)(1)(A)) is amended by striking the comma

after ‘‘term,’’.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

SEC. 401. SUPPORT FOR SCIENCE, MATHEMATICS, AND ENGINEERING

EDUCATION.

(a) GENERAL AUTHORITY.—In recognition of the importance of

science, mathematics, and engineering to the national security and

in order to encourage students to pursue studies in science, mathematics, and engineering, the Director of Central Intelligence may

carry out a program in fiscal years 1994 and 1995 to award cash

prizes and visits to the Central Intelligence Agency (including the

payment of costs associated with such visits) for students who

participate in high school science fairs within the United States.

(b) MERIT.—Awards made under subsection (a) shall be made

solely on the basis of merit.
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(c) EQUITABLE REGIONAL REPRESENTATION.—The Director shall

ensure that there is equitable regional representation with respect

to the program carried out under subsection (a).

(d) LIMITATION ON EXPENDITURES.—The Director may not

expend more than $5,000 for each of the fiscal years 1994 and

1995 to carry out this section.

TITLE V—ADDITIONAL TECHNICAL AMENDMENTS

SEC. 501. CENTRAL INTELLIGENCE AGENCY ACT OF 1949.

The Central Intelligence Agency Act of 1949 is amended— (1) in section 5(a) (50 U.S.C. 403f(a))—

(A) by striking ‘‘Bureau of the Budget’’ and inserting

in lieu thereof ‘‘Office of Management and Budget’’; and (B) by striking ‘‘sections 102 and 303 of the National Security Act of 1947 (Public Law 253, Eightieth Congress)’’

in the first sentence and inserting in lieu thereof ‘‘subparagraphs (B) and (C) of section 102(a)(2), subsections (c)(5)

and (d) of section 103, subsections (a) and (g) of section

104, and section 303 of the National Security Act of 1947

(50 U.S.C. 403(a)(2), 403–3, 403–4, and 405)’’;

(2) in the first sentence of section 6 (50 U.S.C. 403g)— (A) by striking ‘‘the proviso of section 102(d)(3) of the National Security Act of 1947 (Public Law 253, Eightieth

Congress, first session)’’ and inserting in lieu thereof ‘‘section 103(c)(5) of the National Security Act of 1947 (50

U.S.C. 403–3(c)(5))’’; and

(B) by striking ‘‘Bureau of the Budget’’ and inserting

in lieu thereof ‘‘Office of Management and Budget’’; and

(3) in section 19(b) (50 U.S.C. 403s(b))—

(A) by striking ‘‘SECTION 231’’ in the heading after

‘‘(b)’’ and inserting in lieu thereof ‘‘SECTION 232’’;

(B) by striking ‘‘(50 U.S.C. 403 note)’’ in paragraph

(2) and inserting in lieu thereof ‘‘(50 U.S.C. 2013)’’; and

(C) by striking ‘‘section 231’’ in the matter following

paragraph (4) and inserting in lieu thereof ‘‘section 232’’.

SEC. 502. NATIONAL SECURITY ACT OF 1947.

Section 103(d)(3) of the National Security Act of 1947 (50 U.S.C.

403–3(d)(3)) is amended by striking ‘‘providing’’ and inserting in

lieu thereof ‘‘provide’’.

SEC. 503. CODIFICATION IN TITLE 10, UNITED STATES CODE, OF CERTAIN PERMANENT PROVISIONS.

(a) INTELLIGENCE-RELATED PROVISION.—(1) Chapter 21 of title

10, United States Code, is amended by inserting after section 424

the following new section:

‘‘§ 425. Disclosure of personnel information: exemption for

National Reconnaissance Office

‘‘(a) EXEMPTION FROM DISCLOSURE.—Except as required by the President or as provided in subsection (b), no provision of law

shall be construed to require the disclosure of the name, title,

or salary of any person employed by, or assigned or detailed to,

the National Reconnaissance Office or the disclosure of the number

of such persons.
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‘‘(b) PROVISION OF INFORMATION TO CONGRESS.—Subsection (a)

does not apply with respect to the provision of information to

Congress.’’.

(2) The table of sections at the beginning of subchapter I

of such chapter is amended by adding at the end the following

new item:

‘‘425. Disclosure of personnel information: exemption for National Reconnaissance

Office.’’.

(b) CONFORMING REPEAL.—Section 406 of the Intelligence

Authorization Act for Fiscal Year 1993 (Public Law 102–496; 10

U.S.C. 424 note) is repealed.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.