Union Calendar No. 107

103D CONGRESS

1ST SESSION H. R. 2330

[Report No. 103–162, Parts I and II]

A BILL

To authorize appropriations for fiscal year 1994 for

System, and for other purposes.Intelligence Agency Retirement and Disabilitythe United States Government and the Centralintelligence and intelligence-related activities of

JULY 21, 1993

Reported from the Committee on Armed Services, comState of the Union, and ordered to be printed mitted to the Committee of the Whole House on the
IB

Union Calendar No. 107

103D CONGRESS

1ST SESSION H. R. 2330

[Report No. 103–162, Parts I and II]

To authorize appropriations for fiscal year 1994 for intelligence and intelligence-related activities of the United States Government and the

Central Intelligence Agency Retirement and Disability System, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 8, 1993

Mr. GLICKMAN introduced the following bill; which was referred to the

Permanent Select Committee on Intelligence

JUNE 29, 1993

Reported with an amendment, referred to the Committee on Armed Services

for a period ending not later than July 16, 1993, for consideration of

such provisions of the bill and amendment as fall within the jurisdiction

of the committee pursuant to clause 1(c), rule X

[Strike out all after the enacting clause and insert the part printed in italic]

JULY 16, 1993

Referral to the Committee on Armed Services extended for a period ending

not later than July 21, 1993

JULY 21, 1993

Reported from the Committee on Armed Services, committed to the Committee of the Whole House on the State of the Union, and ordered to be

printed

[For text of introduced bill, see copy of bill as introduced on June 8, 1993]
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A BILL

To authorize appropriations for fiscal year 1994 for intelligence and intelligence-related activities of the United

States Government and the Central Intelligence Agency

Retirement and Disability System, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Intelligence Authoriza5 tion Act for Fiscal Year 1994’’.

6 TITLE I—INTELLIGENCE

7 ACTIVITIES

8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

9 Funds are hereby authorized to be appropriated for fis10 cal year 1994 for the conduct of the intelligence and intel11 ligence-related activities of the following elements of the

12 United States Government:

13 (1) The Central Intelligence Agency.

14 (2) The Department of Defense.

15 (3) The Defense Intelligence Agency.

16 (4) The National Security Agency.

17 (5) The National Reconnaissance Office.

18 (6) The Department of the Army, the Depart19 ment of the Navy, and the Department of the Air

20 Force.
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1 (7) The Department of State.

2 (8) The Department of the Treasury.

3 (9) The Department of Energy.

4 (10) The Federal Bureau of Investigation.

5 (11) The Drug Enforcement Administration.

6 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

7 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

8 CEILINGS.—The amounts authorized to be appropriated

9 under section 101, and the authorized personnel ceilings as

10 of September 30, 1994, for the conduct of the intelligence

11 and intelligence-related activities of the elements listed in

12 such section, are those specified in the classified Schedule

13 of Authorizations prepared to accompany the bill H.R. 2330

14 of the One Hundred Third Congress.

15 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU16 THORIZATIONS.—The Schedule of Authorizations shall be

17 made available to the Committees on Appropriations of the

18 Senate and House of Representatives and to the President.

19 The President shall provide for suitable distribution of the

20 Schedule, or of appropriate portions of the Schedule, within

21 the executive branch.

22 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

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

24 Central Intelligence may authorize employment for civilian

25 personnel in excess of the number authorized for fiscal year
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1 1994 under section 102 of this Act when the Director deter2 mines that such action is necessary to the performance of

3 important intelligence functions, except that such number

4 may not, for any element of the intelligence community,

5 exceed 2 percent of the number of civilian personnel author6 ized under such section for such element.

7 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di8 rector of Central Intelligence shall promptly notify the Per9 manent Select Committee on Intelligence of the House of

10 Representatives and the Select Committee on Intelligence of

11 the Senate whenever the Director exercises the authority

12 granted by this section.

13 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated for the Community Manage16 ment Account of the Director of Central Intelligence for fis17 cal year 1994 the sum of $110,788,000. Within such

18 amounts authorized, funds identified for the Advanced Re19 search and Development Committee shall remain available

20 for two years.

21 (b) AUTHORIZED PERSONNEL LEVELS.—The Commu22 nity Management Account of the Director of Central Intel23 ligence is authorized 222 full-time personnel as of Septem24 ber 30, 1994. Such personnel of the Community Manage25 ment Account may be permanent employees of the Commu-
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1 nity Management Account or personnel detailed from other

2 elements of the United States Government.

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

4 officer or employee of the United States or a member of the

5 Armed Forces who is detailed to the Community Manage6 ment Staff from another element of the United States Gov7 ernment shall be detailed on a reimbursable basis, except

8 that any such officer, employee or member may be detailed

9 on a nonreimbursable basis for a period of less than one

10 year for the performance of temporary functions as required

11 by the Director of Central Intelligence.

12 TITLE II—CENTRAL INTEL13 LIGENCE AGENCY RETIRE14 MENT AND DISABILITY SYS15 TEM

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

17 There is authorized to be appropriated for the Central

18 Intelligence Agency Retirement and Disability Fund for

19 fiscal year 1994 the sum of $182,300,000.

20 SEC. 202. TECHNICAL CORRECTIONS.

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

22 Retirement Act is amended—

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

24 (A) by striking the comma after ‘‘basic

25 pay’’ and inserting in lieu thereof ‘‘and’’; and
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1 (B) by striking ‘‘, and interest determined

2 under section 281’’;

3 (2) in section 201(c) (50 U.S.C. 2011(c)), by

4 striking ‘‘the proviso of section 102(d)(3) of the Na5 tional Security Act of 1947 (50 U.S.C. 403(d)(3))’’

6 and inserting in lieu thereof ‘‘section 103(c)(5) of the

7 National Security Act of 1947 (50 U.S.C. 403–

8 3(c)(5))’’;

9 (3) in section 211(c)(2)(B) (50 U.S.C.

10 2021(c)(2)(B)), by striking ‘‘the requirement under

11 section 241(b)(4)’’ and inserting in lieu thereof ‘‘prior

12 notification of a current spouse’’;

13 (4) in section 221 (50 U.S.C. 2031)—

14 (A) by striking ‘‘(or, in the case of an an15 nuity computed under section 232 and based on

16 less than 3 years, over the total service)’’ in sub17 section (a)(4);

18 (B) in subsection (f)(1)(A)—

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

20 death’’ before the period in the first sen21 tence;

22 (ii) by striking ‘‘after the participant’s

23 death’’ in the second sentence;
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1 (iii) by striking ‘‘(or is remarried if’’

2 in subsection (g)(1) and inserting in lieu

3 thereof ‘‘(or, if remarried,’’; and

4 (iv) by striking ‘‘(except as provided in

5 paragraph (2))’’ in subsection (j);

6 (5) in section 222 (50 U.S.C. 2032)—

7 (A) by striking ‘‘other’’ the first place it ap8 pears in subsection (a)(7) and inserting in lieu

9 thereof ‘‘survivor’’;

10 (B) by inserting ‘‘the participant’’ before

11 ‘‘or does not qualify’’ in subsection (c)(3)(C);

12 and

13 (C) by inserting ‘‘spouse’s death or the’’

14 after ‘‘month before the’’ in subsection (c)(4);

15 (6) in section 224(c)(1)(B)(i) (50 U.S.C.

16 2034(c)(1)(B)(i)), by striking ‘‘former participant’’

17 and inserting in lieu thereof ‘‘retired participant’’;

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

19 (A) by striking ‘‘other’’ the first place it ap20 pears in paragraph (3) and inserting in lieu

21 thereof ‘‘survivor’’; and

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

23 and inserting in lieu thereof ‘‘1990’’;
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1 (8) in section 231(d)(2) (50 U.S.C. 2051(d)(2)),

2 by striking ‘‘241(b)’’ and inserting in lieu thereof

3 ‘‘241(a)’’;

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

5 by striking ‘‘section 222’’ and inserting in lieu thereof

6 ‘‘section 224’’;

7 (10) in section 234(b) (50 U.S.C. 2054(b)), by

8 striking ‘‘sections 241 and 281’’ and inserting in lieu

9 thereof ‘‘section 241’’;

10 (11) in section 241 (50 U.S.C. 2071)—

11 (A) by striking ‘‘A lump-sum benefit that

12 would have been payable to a participant,

13 former participant, or annuitant, or to a survi14 vor annuitant, authorized by subsection (d) or

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

16 in subsection (c) and inserting in lieu thereof

17 ‘‘Lump-sum payments authorized by subsections

18 (d) through (f) of this section or by section

19 281(d)’’; and

20 (B) by redesignating subsection (f) as sub21 section (g) and inserting after subsection (e) the

22 following new subsection:

23 ‘‘(f) TERMINATION ON DEATH OF PARTICIPANT.—If a

24 retired participant dies, any annuity accrued and unpaid

25 shall be paid in accordance with subsection (c).’’;
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1 (12) in section 264(b) (50 U.S.C. 2094)—

2 (A) by inserting ‘‘and’’ after the semicolon

3 at the end of paragraph (2);

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

5 return of contributions under section 234(a);

6 and’’ in paragraph (3) and inserting in lieu

7 thereof ‘‘, and the amount of any such pay8 ment;’’; and

9 (C) by striking paragraph (4);

10 (13) in section 265 (50 U.S.C. 2095), by striking

11 ‘‘Act’’ in both places it appears and inserting in lieu

12 thereof ‘‘title’’;

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

14 by striking ‘‘or section 232(c)’’; and

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

16 by striking ‘‘section 102(a)(3)’’ and inserting in lieu

17 thereof ‘‘section 102(a)(4)’’.

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall take effect as of February 1, 1993.

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

21 HEALTH BENEFITS FOR CERTAIN EX22 SPOUSES OF CENTRAL INTELLIGENCE AGEN23 CY EMPLOYEES.

24 (a) SURVIVOR ANNUITY.—

25 (1) IN GENERAL.—
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1 (A) ENTITLEMENT OF FORMER WIFE OR

2 HUSBAND.—Any person who was divorced on or

3 before December 4, 1991, from a participant or

4 retired participant in the Central Intelligence

5 Agency Retirement and Disability System and

6 who was married to such participant for not less

7 than 10 years during such participant’s cred8 itable service, at least five years of which were

9 spent by the participant during the participant’s

10 service as an employee of the Central Intelligence

11 Agency outside the United States, or otherwise in

12 a position the duties of which qualified the par13 ticipant for designation by the Director of

14 Central Intelligence as a participant under sec15 tion 203 of the Central Intelligence Agency Re16 tirement Act (50 U.S.C. 2013), shall be entitled,

17 except to the extent such person is disqualified

18 under paragraph (2), to a survivor annuity

19 equal to 55 percent of the greater of—

20 (i) the unreduced amount of the par21 ticipant’s annuity, as computed under sec22 tion 221(a) of such Act; or

23 (ii) the unreduced amount of what

24 such annuity as so computed would be if the

25 participant had not elected payment of the
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1 lump-sum credit under section 294 of such

2 Act.

3 (B) REDUCTION IN SURVIVOR ANNUITY.—A

4 survivor annuity payable under this subsection

5 shall be reduced by an amount equal to any sur6 vivor annuity payments made to the former wife

7 or husband under section 226 of such Act.

8 (2) LIMITATIONS.—A former wife or husband is

9 not entitled to a survivor annuity under this sub10 section if—

11 (A) the former wife or husband remarries

12 before age 55, except that the entitlement of the

13 former wife or husband to such a survivor annu14 ity shall be restored on the date such remarriage

15 is dissolved by death, annulment, or divorce;

16 (B) the former wife or husband is less than

17 50 years of age; or

18 (C) the former wife or husband meets the

19 definition of ‘‘former spouse’’ that was in effect

20 under section 204(b)(4) of the Central Intel21 ligence Agency Retirement Act of 1964 for Cer22 tain Employees before December 4, 1991.

23 (3) COMMENCEMENT AND TERMINATION OF AN24 NUITY.—
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1 (A) COMMENCEMENT OF ANNUITY.—The en2 titlement of a former wife or husband to a survi3 vor annuity under this subsection shall com4 mence—

5 (i) in the case of a former wife or hus6 band of a participant or retired participant

7 who is deceased as of October 1, 1994, be8 ginning on the later of—

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

10 or

11 (II) the date on which the former

12 wife or husband reaches age 50; and

13 (ii) in the case of any other former

14 wife or husband, beginning on the latest

15 of—

16 (I) the date on which the partici17 pant or retired participant to whom

18 the former wife or husband was mar19 ried dies;

20 (II) the 60th day after October 1,

21 1994; or

22 (III) the date on which the former

23 wife or husband attains age 50.

24 (B) TERMINATION OF ANNUITY.—The enti25 tlement of a former wife or husband to a survi-
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1 vor annuity under this subsection terminates on

2 the last day of the month before the former wife’s

3 or husband’s death or remarriage before attain4 ing age 55. The entitlement of a former wife or

5 husband to such a survivor annuity shall be re6 stored on the date such remarriage is dissolved

7 by death, annulment, or divorce.

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

9 husband of a participant or retired participant shall

10 not become entitled under this subsection to a survi11 vor annuity or to the restoration of the survivor an12 nuity unless the former wife or husband elects to re13 ceive it instead of any other survivor annuity to

14 which the former wife or husband may be entitled

15 under the Central Intelligence Agency Retirement and

16 Disability System or any other retirement system for

17 Government employees on the basis of a marriage to

18 someone other than the participant.

19 (5) APPLICATION.—

20 (A) TIME LIMIT; WAIVER.—A survivor an21 nuity under this subsection shall not be payable

22 unless appropriate written application is pro23 vided to the Director, complete with any sup24 porting documentation which the Director may

25 by regulation require. Any such application shall
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1 be submitted not later than October 1, 1995. The

2 Director may waive the application deadline

3 under the preceding sentence in any case in

4 which the Director determines that the cir5 cumstances warrant such a waiver.

6 (B) RETROACTIVE BENEFITS.—Upon ap7 proval of an application provided under sub8 paragraph (A), the appropriate survivor annuity

9 shall be payable to the former wife or husband

10 with respect to all periods before such approval

11 during which the former wife or husband was en12 titled to such annuity under this subsection, but

13 in no event shall a survivor annuity be payable

14 under this subsection with respect to any period

15 before October 1, 1994.

16 (6) RESTORATION OF ANNUITY.—Notwithstand17 ing paragraph (5)(A), the deadline by which an ap18 plication for a survivor annuity must be submitted

19 shall not apply in cases in which a former spouse’s

20 entitlement to such a survivor annuity is restored

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

22 (3)(B).

23 (7) APPLICABILITY IN CASES OF PARTICIPANTS

24 TRANSFERRED TO FERS.—
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1 (A) ENTITLEMENT.—Except as provided in

2 paragraph (2), this subsection shall apply to a

3 former wife or husband of a participant under

4 the Central Intelligence Agency Retirement and

5 Disability System who has elected to become sub6 ject to chapter 84 of title 5, United States Code.

7 (B) AMOUNT OF ANNUITY.—The survivor

8 annuity of a person covered by subparagraph

9 (A) shall be equal to 50 percent of the unreduced

10 amount of the participant’s annuity computed

11 in accordance with section 302(a) of the Federal

12 Employees’ Retirement System Act of 1986 and

13 shall be reduced by an amount equal to any sur14 vivor annuity payments made to the former wife

15 or husband under section 8445 of title 5, United

16 States Code.

17 (b) RETIREMENT ANNUITY.—

18 (1) IN GENERAL.—

19 (A) ENTITLEMENT OF FORMER WIFE OR

20 HUSBAND.—A person described in subsection

21 (a)(1)(A) shall be entitled, except to the extent

22 such former spouse is disqualified under para23 graph (2), to an annuity—

24 (i) if married to the participant

25 throughout the creditable service of the par-
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1 ticipant, equal to 50 percent of the annuity

2 of the participant; or

3 (ii) if not married to the participant

4 throughout such creditable service, equal to

5 that former wife’s or husband’s pro rata

6 share of 50 percent of such annuity (deter7 mined in accordance with section

8 222(a)(1)(B) of the Central Intelligence

9 Agency Retirement Act (50 U.S.C. 2032

10 (a)(1)(B)).

11 (B) REDUCTION IN RETIREMENT ANNU12 ITIES.—

13 (i) AMOUNT OF REDUCTION.—An an14 nuity payable under this subsection shall be

15 reduced by an amount equal to any appor16 tionment payments payable to the former

17 wife or husband pursuant to the terms of a

18 court order incident to the dissolution of the

19 marriage of such former spouse and the

20 participant, former participant, or retired

21 participant.

22 (ii) DEFINITION OF TERMS.—For pur23 poses of clause (i):

24 (I) APPORTIONMENT.—The term

25 ‘‘apportionment’’ means a portion of a
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1 retired participant’s annuity payable

2 to a former wife or husband either by

3 the retired participant or the Govern4 ment in accordance with the terms of

5 a court order.

6 (II) COURT ORDER.—The term

7 ‘‘court order’’ means any decree of di8 vorce or annulment or any court order

9 or court-approved property settlement

10 agreement incident to such decree.

11 (2) LIMITATIONS.—A former wife or husband is

12 not entitled to an annuity under this subsection if—

13 (A) the former wife or husband remarries

14 before age 55, except that the entitlement of the

15 former wife or husband to an annuity under this

16 subsection shall be restored on the date such re17 marriage is dissolved by death, annulment, or

18 divorce;

19 (B) the former wife or husband is less than

20 50 years of age; or

21 (C) the former wife or husband meets the

22 definition of ‘‘former spouse’’ that was in effect

23 under section 204(b)(4) of the Central Intel24 ligence Agency Retirement Act of 1964 for Cer25 tain Employees before December 4, 1991.
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1 (3) COMMENCEMENT AND TERMINATION.—

2 (A) RETIREMENT ANNUITIES.—The entitle3 ment of a former wife or husband to an annuity

4 under this subsection—

5 (i) shall commence on the later of—

6 (I) October 1, 1994;

7 (II) the day the participant upon

8 whose service the right to the annuity

9 is based becomes entitled to an annuity

10 under such Act; or

11 (III) such former wife’s or hus12 band’s 50th birthday; and

13 (ii) shall terminate on the earlier of—

14 (I) the last day of the month be15 fore the former wife or husband dies or

16 remarries before 55 years of age, except

17 that the entitlement of the former wife

18 or husband to an annuity under this

19 subsection shall be restored on the date

20 such remarriage is dissolved by death,

21 annulment, or divorce; or

22 (II) the date on which the annu23 ity of the participant terminates.

24 (B) DISABILITY ANNUITIES.—Notwithstand25 ing subparagraph (A)(i)(II), in the case of a
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1 former wife or husband of a disability annu2 itant—

3 (i) the annuity of the former wife or

4 husband shall commence on the date on

5 which the participant would qualify on the

6 basis of the participant’s creditable service

7 for an annuity under the Central Intel8 ligence Agency Retirement Act (other than a

9 disability annuity) or the date the disabil10 ity annuity begins, whichever is later; and

11 (ii) the amount of the annuity of the

12 former wife or husband shall be calculated

13 on the basis of the annuity for which the

14 participant would otherwise so qualify.

15 (C) ELECTION OF BENEFITS.—A former

16 wife or husband of a participant or retired par17 ticipant shall not become entitled under this sub18 section to an annuity or to the restoration of an

19 annuity unless the former wife or husband elects

20 to receive it instead of any survivor annuity to

21 which the former wife or husband may be enti22 tled under the Central Intelligence Agency Re23 tirement and Disability System or any other re24 tirement system for Government employees on
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1 the basis of a marriage to someone other than the

2 participant.

3 (D) APPLICATION.—

4 (i) TIME LIMIT; WAIVER.—An annuity

5 under this subsection shall not be payable

6 unless appropriate written application is

7 provided to the Director of Central Intel8 ligence, complete with any supporting docu9 mentation which the Director may by regu10 lation require, not later than October 1,

11 1995. The Director may waive the applica12 tion deadline under the preceding sentence

13 in any case in which the Director deter14 mines that the circumstances warrant such

15 a waiver.

16 (ii) RETROACTIVE BENEFITS.—Upon

17 approval of an application under clause (i),

18 the appropriate annuity shall be payable to

19 the former wife or husband with respect to

20 all periods before such approval during

21 which the former wife or husband was enti22 tled to an annuity under this subsection,

23 but in no event shall an annuity be payable

24 under this subsection with respect to any

25 period before October 1, 1994.
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1 (4) RESTORATION OF ANNUITIES.—Notwith2 standing paragraph (3)(D)(i), the deadline by which

3 an application for a retirement annuity must be sub4 mitted shall not apply in cases in which a former

5 spouse’s entitlement to such annuity is restored after

6 October 1, 1994, under paragraph (2)(A) or

7 (3)(A)(ii).

8 (5) APPLICABILITY IN CASES OF PARTICIPANTS

9 TRANSFERRED TO FERS.—The provisions of this sub10 section shall apply to a former wife or husband of a

11 participant under the Central Intelligence Agency Re12 tirement and Disability System who has elected to be13 come subject to chapter 84 of title 5, United States

14 Code. For purposes of this paragraph, any reference

15 in this section to a participant’s annuity under the

16 Central Intelligence Agency Retirement and Disabil17 ity System shall be deemed to refer to the transferred

18 participant’s annuity computed in accordance with

19 section 302(a) of the Federal Employees’ Retirement

20 System Act of 1986.

21 (6) SAVINGS PROVISION.—Nothing in this sub22 section shall be construed to impair, reduce, or other23 wise affect the annuity or the entitlement to an annu24 ity of a participant or former participant under title
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1 II or III of the Central Intelligence Agency Retire2 ment Act.

3 (c) HEALTH BENEFITS.—

4 (1) IN GENERAL.—Section 16 of the Central In5 telligence Agency Act of 1949 (50 U.S.C. 403p) is

6 amended—

7 (A) by redesignating subsections (c) through

8 (e) as subsections (e) through (g), respectively;

9 and

10 (B) by inserting after subsection (b) the fol11 lowing:

12 ‘‘(c) ELIGIBILITY OF FORMER WIVES OR HUS13 BANDS.—(1) Notwithstanding subsections (a) and (b) and

14 except as provided in subsections (d), (e), and (f), an indi15 vidual—

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

17 1991, from a participant or retired participant in the

18 Central Intelligence Agency Retirement and Disabil19 ity System or the Federal Employees Retirement Sys20 tem Special Category;

21 ‘‘(B) who was married to such participant for

22 not less than ten years during the participant’s cred23 itable service, at least five years of which were spent

24 by the participant during the participant’s service as

25 an employee of the Agency outside the United States,
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1 or otherwise in a position the duties of which quali2 fied the participant for designation by the Director of

3 Central Intelligence as a participant under section

4 203 of the Central Intelligence Agency Retirement Act

5 (50 U.S.C. 2013); and

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

7 as a family member at any time during the 18-month

8 period before the date of dissolution of the marriage

9 to such participant;

10 is eligible for coverage under a health benefits plan.

11 ‘‘(2) A former spouse eligible for coverage under para12 graph (1) may enroll in a health benefits plan in accord13 ance with subsection (b)(1), except that the election for such

14 enrollment must be submitted within 60 days after the date

15 on which the Director notifies the former spouse of such in16 dividual’s eligibility for health insurance coverage under

17 this subsection.

18 ‘‘(d) CONTINUATION OF ELIGIBILITY.—Notwithstand19 ing subsections (a), (b), and (c) and except as provided in

20 subsections (e) and (f), an individual divorced on or before

21 December 4, 1991, from a participant or retired partici22 pant in the Central Intelligence Agency Retirement and

23 Disability System or Federal Employees’ Retirement Sys24 tem Special Category who enrolled in a health benefits plan

25 following the dissolution of the marriage to such partici-
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1 pant may continue enrollment following the death of such

2 participant notwithstanding the termination of the retire3 ment annuity of such individual.’’.

4 (2) CONFORMING AMENDMENTS.—(A) Subsection

5 (a) of such section is amended by striking ‘‘subsection

6 (c)(1)’’ and inserting in lieu thereof ‘‘subsection (e)’’.

7 (B) Subsection (e)(2) of such section (as redesig8 nated by paragraph (1) of this section) is amended by

9 inserting ‘‘or to subsection (d)’’ after ‘‘subsection

10 (b)(1)’’.

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

12 provided under subsections (a) and (b) shall be payable

13 from the Central Intelligence Agency Retirement and Dis14 ability Fund maintained under section 202 of the Central

15 Intelligence Agency Retirement Act (50 U.S.C. 2012).

16 (e) EFFECTIVE DATE.—

17 (1) IN GENERAL.—Except as provided in para18 graph (2), subsections (a) and (b) shall take effect as

19 of October 1, 1994, the amendments made by sub20 section (c) shall apply to individuals on and after Oc21 tober 1, 1994, and no benefits provided pursuant to

22 those subsections shall be payable with respect to any

23 period before October 1, 1994.

24 (2) Section 16(d) of the Central Intelligence

25 Agency Act of 1949 (as added by subsection (c) of this
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1 section) shall apply to individuals beginning on the

2 date of enactment of this Act.

3 SEC. 204. CROSS-REFERENCE CORRECTIONS TO REVISED

4 CIARDS STATUTE.

5 (a) ANNUAL INTELLIGENCE AUTHORIZATION ACTS.—

6 Section 306 of the Intelligence Authorization Act, Fiscal

7 Year 1990 (50 U.S.C. 403r-1) is amended by striking ‘‘sec8 tion 303 of the Central Intelligence Agency Retirement Act

9 of 1964 for Certain Employees’’ and inserting in lieu there10 of ‘‘section 303 of the Central Intelligence Agency Retire11 ment Act (50 U.S.C. 2153)’’.

12 (b) FOREIGN SERVICE ACT OF 1980.—The Foreign

13 Service Act of 1980 is amended—

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

15 ‘‘title II of the Central Intelligence Agency Retirement

16 Act of 1964 for Certain Employees’’ in subsection (c)

17 and inserting in lieu thereof ‘‘title II of the Central

18 Intelligence Agency Retirement Act (50 U.S.C. 2011

19 et seq.)’’;

20 (2) in section 854 (22 U.S.C. 4071c)—

21 (A) by striking ‘‘title II of the Central Intel22 ligence Agency Retirement Act of 1964 for Cer23 tain Employees’’ in subsection (a)(3) and insert24 ing in lieu thereof ‘‘title II of the Central Intel-
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1 ligence Agency Retirement Act (50 U.S.C. 2011

2 et seq.)’’; and

3 (B) by striking ‘‘title III of the Central In4 telligence Agency Retirement Act of 1964 for Cer5 tain Employees’’ in subsection (d) and inserting

6 in lieu thereof ‘‘title III of the Central Intel7 ligence Agency Retirement Act (50 U.S.C. 2151

8 et seq.)’’; and

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

10 ‘‘under title II of the Central Intelligence Agency Re11 tirement Act of 1964 for Certain Employees or under

12 section 302(a) or 303(b) of that Act’’ in subsection

13 (b)(2)(A)(ii) and inserting in lieu thereof ‘‘under title

14 II of the Central Intelligence Agency Retirement Act

15 (50 U.S.C. 2011 et seq.) or under section 302(a) or

16 303(b) of that Act (50 U.S.C. 2152(a), 2153(b))’’.

17 (c) INTERNAL REVENUE CODE OF 1986.—Section

18 3121(b)(5)(H)(i) of the Internal Revenue Code of 1986 is

19 amended by striking ‘‘section 307 of the Central Intelligence

20 Agency Retirement Act of 1964 for Certain Employees’’ and

21 inserting in lieu thereof ‘‘section 307 of the Central Intel22 ligence Agency Retirement Act (50 U.S.C. 2157)’’.

23 (d) SOCIAL SECURITY ACT.—Section 210(a)(5)(H)(i)

24 of the Social Security Act (42 U.S.C. 410(a)(5)(H)(i)) is

25 amended by striking ‘‘section 307 of the Central Intelligence
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1 Agency Retirement Act of 1964 for Certain Employees’’ and

2 inserting in lieu thereof ‘‘section 307 of the Central Intel3 ligence Agency Retirement Act (50 U.S.C. 2157)’’.

4 TITLE III—GENERAL

5 PROVISIONS

6 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

7 BENEFITS AUTHORIZED BY LAW.

8 Appropriations authorized by this Act for salary, pay,

9 retirement, and other benefits for Federal employees may

10 be increased by such additional or supplemental amounts

11 as may be necessary for increases in such compensation or

12 benefits authorized by law.

13 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

14 ACTIVITIES.

15 The authorization of appropriations by this Act shall

16 not be deemed to constitute authority for the conduct of any

17 intelligence activity which is not otherwise authorized by

18 the Constitution or laws of the United States.

19 SEC. 303. NATIONAL SECURITY SCHOLARSHIPS, FELLOW20 SHIPS, AND GRANTS.

21 (a) REPEAL.—Title VIII of Public Law 102–183 (50

22 U.S.C. 1901 et seq.) is repealed.

23 (b) RETURN OF FUNDS TO TREASURY.—All amounts

24 in the National Security Education Trust Fund established

25 pursuant to section 804 of such public law that are not obli-
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1 gated on the date of enactment of this Act are transferred

2 to the Treasury of the United States as miscellaneous

3 receipts.

4 SEC. 304. ANNUAL REPORT ON INTELLIGENCE COMMUNITY

5 (a) ANNUAL DCI REPORT.—Title I of the National Se6 curity Act of 1947 is amended by adding at the end the

7 following new section:

8 ‘‘ANNUAL REPORT ON INTELLIGENCE COMMUNITY

9 ACTIVITIES

10 ‘‘SEC. 109. (a) IN GENERAL.—The Director of Central

11 Intelligence shall submit to Congress an annual report on

12 the activities of the intelligence community. The annual re13 port under this section shall be unclassified.

14 ‘‘(b) MATTERS TO BE COVERED IN ANNUAL RE15 PORT.—Each report under this section shall describe—

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

17 during the preceding fiscal year, including significant

18 successes and failures that can be described in an un19 classified manner; and

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

21 the Director expects will require increased or unusual

22 attention from the intelligence community during the

23 next fiscal year.

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

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

2 pursuant to section 1105 of title 31, United States Code.’’.

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

4 the first section of such Act is amended by inserting after

5 the item relating to section 108 the following new item:

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

6 SEC. 305. SECURITY REVIEWS.

7 (a) FINDINGS.—The Congress finds that—

8 (1) the President directed the Director of the In9 formation Security Oversight Office to review Execu10 tive Order 12356 and other directives relating to the

11 protection of national security information and to re12 port no later than November 30, 1993; and

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

14 Central Intelligence have established a joint security

15 commission to conduct a review of security practices

16 and procedures at the Department of Defense and the

17 Central Intelligence Agency and to report within 1

18 year of the establishment of the commission.

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

20 that—

21 (1) the Director of Central Intelligence, the Sec22 retary of Defense, and the Director of the Information

23 Security Oversight Office should conduct the reviews

24 referred to in subsection (a) with maximum consulta25 tion with each other; and
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1 (2) the results of these reviews should be incor2 porated into a consolidated recommendation for the

3 President.

4 TITLE IV—CENTRAL

5 INTELLIGENCE AGENCY

6 SEC. 401. SUPPORT FOR SCIENCE, MATHEMATICS, AND EN7 GINEERING EDUCATION.

8 Section 5 of the Central Intelligence Agency Act of

9 1949 (50 U.S.C. 403f) is amended—

10 (1) by striking out ‘‘and’’ at the end of para11 graph (e);

12 (2) by striking out the period at the end of para13 graph (f) and inserting in lieu thereof ‘‘; and’’; and

14 (3) by adding the following new paragraph at

15 the end thereof:

16 ‘‘(g) In recognition of the importance of science, math17 ematics, and engineering to the national security and in

18 order to encourage students to pursue studies in science,

19 mathematics, and engineering, the Director may carry out

20 a program to award cash prizes and visits to the Agency

21 (including the payment of costs associated with such visits)

22 for students who participate in high school science fairs

23 within the United States.’’.
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1 TITLE V—DEPARTMENT OF

2 DEFENSE

3 SEC. 501. FOREIGN LANGUAGE PROFICIENCY PAY.

4 (a) RATES OF PROFICIENCY PAY.—Subsection (b) of

5 section 316 of title 37, United States Code, is amended to

6 read as follows:

7 ‘‘(b)(1) The monthly rate for special pay under sub8 section (a) shall be determined by the Secretary concerned.

9 ‘‘(2) Special pay under subsection (a) may—

10 ‘‘(A) only be paid for the achievement of level 2

11 or greater on the defense language proficiency test in

12 each of the categories of listening and reading; and

13 ‘‘(B) may not exceed the maximum monthly

14 rates for the achievement of the levels designated in

15 this subparagraph, or greater, of foreign language

16 proficiency in the number of foreign languages speci17 fied, as follows:

Maximum amount of monthly pay

Level of proficiency achievement in listening /

reading /speaking

Number of foreign

languages required

$450 3 / 3 / 3 2

$300 3 / 3 / 3 1

$200 3 / 3 / 0 1.’’.

18 (b) RESERVE COMPONENT PAY.—Subsection (c)(1) of

19 such section 316 is amended by striking ‘‘an increase in

20 compensation equal to one-thirtieth of the monthly special

21 pay authorized under subsection (b) for a member who is
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1 entitled to basic pay under section 204 of this title’’ and

2 inserting in lieu thereof ‘‘a language proficiency mainte3 nance bonus, after testing, that may not exceed the maxi4 mum annualized rates of proficiency pay established under

5 subsection (b)’’.

6 (c) EFFECTIVE DATE.—The amendments made by this

7 section shall take effect on October 1, 1993.

8 SEC. 502. REPORTING ON INTELLIGENCE ACTIVITIES

9 OTHER THAN COVERT ACTIONS.

10 Section 502 of the National Security Act of 1947 (50

11 U.S.C. 413a) is amended—

12 (1) by inserting ‘‘(a)’’ after ‘‘SEC. 502.’’; and

13 (2) by adding at the end the following:

14 ‘‘(b) For the purposes of this section, the term ‘intel15 ligence activity’ includes any deployment of military intel16 ligence personnel serving in clandestine intelligence collec17 tion units.’’.

18 TITLE VI—ADDITIONAL

19 TECHNICAL AMENDMENTS.

20 SEC. 601. CENTRAL INTELLIGENCE AGENCY ACT OF 1949.

21 The Central Intelligence Agency Act of 1949 is amend22 ed—

23 (1) in section 5(a) (50 U.S.C. 403f(a)), by strik24 ing ‘‘sections 102 and 303 of the National Security

25 Act of 1947 (Public Law 253, Eightieth Congress)’’ in
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1 the first sentence and inserting in lieu thereof ‘‘sec2 tions 103 and 104 of the National Security Act of

3 1947 (50 U.S.C. 403–3, 403–4)’’;

4 (2) in the first sentence of section 6 (50 U.S.C.

5 403g), by striking ‘‘the proviso of section 102(d)(3) of

6 the National Security Act of 1947 (Public Law 253,

7 Eightieth Congress, first session)’’ and inserting in

8 lieu thereof ‘‘section 103(c)(5) of the National Secu9 rity Act of 1947 (50 U.S.C. 403–3(c)(5))’’; and

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

11 (A) by striking ‘‘SECTION 231’’ in the head12 ing after ‘‘(b)’’ and inserting in lieu thereof

13 ‘‘SECTION 232’’; and

14 (B) by striking ‘‘section 231’’ in the matter

15 following paragraph (4) and inserting in lieu

16 thereof ‘‘section 232’’.

17 SEC. 602. NATIONAL SECURITY ACT OF 1947.

18 Section 103(d)(3) of the National Security Act of 1947

19 (50 U.S.C. 403–3(d)(3)) is amended by striking ‘‘provid20 ing’’ and inserting in lieu thereof ‘‘provide’’.

21 SEC. 603. CODIFICATION IN TITLE 10, UNITED STATES

22 CODE, OF CERTAIN PERMANENT PROVISIONS.

23 (a) INTELLIGENCE-RELATED PROVISION.—(1) Chap24 ter 21 of title 10, United States Code, is amended by insert25 ing after section 424 the following new section:
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1 ‘‘§ 425. Disclosure of personnel information: exemption

2 for National Reconnaissance Office

3 ‘‘(a) EXEMPTION FROM DISCLOSURE.—Except as re4 quired by the President or as provided in subsection (b),

5 no provision of law shall be construed to require the disclo6 sure of the name, title, or salary of any person employed

7 by, or assigned or detailed to, the National Reconnaissance

8 Office or the disclosure of the number of such persons.

9 ‘‘(b) PROVISION OF INFORMATION TO CONGRESS.—

10 Subsection (a) does not apply with respect to the provision

11 of information to Congress.’’.

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

13 I of such chapter is amended by adding at the end the fol14 lowing new item:

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

Office.’’.

15 (b) CONFORMING REPEAL.—Section 406 of the Intel16 ligence Authorization Act for Fiscal Year 1993 (Public Law

17 102–496; 10 U.S.C. 424 note) is repealed.

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