IIA

103D CONGRESS

1ST SESSION H. R. 2330

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Received; read twice and referred to the Select Committee on Intelligence

AN ACT

To authorize appropriations for fiscal year 1994 for the

intelligence and intelligence-related activities of the

United States Government, the Community Management

Account, 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’’.
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1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 1994 for the conduct of the intelligence and

6 intelligence-related activities of the following elements of

7 the United States Government:

8 (1) The Central Intelligence Agency.

9 (2) The Department of Defense.

10 (3) The Defense Intelligence Agency.

11 (4) The National Security Agency.

12 (5) The National Reconnaissance Office.

13 (6) The Department of the Army, the Depart14 ment of the Navy, and the Department of the Air

15 Force.

16 (7) The Department of State.

17 (8) The Department of the Treasury.

18 (9) The Department of Energy.

19 (10) The Federal Bureau of Investigation.

20 (11) The Drug Enforcement Administration.

21 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

22 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

23 CEILINGS.—The amounts authorized to be appropriated

24 under section 101, and the authorized personnel ceilings

25 as of September 30, 1994, for the conduct of the intel-
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1 ligence and intelligence-related activities of the elements

2 listed in such section, are those specified in the classified

3 Schedule of Authorizations prepared to accompany the bill

4 H.R. 2330 of the One Hundred Third Congress.

5 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU6 THORIZATIONS.—The Schedule of Authorizations shall be

7 made available to the Committees on Appropriations of

8 the Senate and House of Representatives and to the Presi9 dent. The President shall provide for suitable distribution

10 of the Schedule, or of appropriate portions of the Sched11 ule, within the executive branch.

12 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

13 (a) AUTHORITY FOR ADJUSTMENTS.—The Director

14 of Central Intelligence may authorize employment for ci15 vilian personnel in excess of the number authorized for

16 fiscal year 1994 under section 102 of this Act when the

17 Director determines that such action is necessary to the

18 performance of important intelligence functions, except

19 that such number may not, for any element of the intel20 ligence community, exceed 2 percent of the number of ci21 vilian personnel authorized under such section for such

22 element.

23 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

24 Director of Central Intelligence shall promptly notify the

25 Permanent Select Committee on Intelligence of the House
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1 of Representatives and the Select Committee on Intel2 ligence of the Senate whenever the Director exercises the

3 authority granted by this section.

4 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated for the Community Manage7 ment Account of the Director of Central Intelligence for

8 fiscal year 1994 the sum of $110,788,000. Within such

9 amounts authorized, funds identified for the Advanced Re10 search and Development Committee shall remain available

11 for two years.

12 (b) AUTHORIZED PERSONNEL LEVELS.—The Com13 munity Management Account of the Director of Central

14 Intelligence is authorized 222 full-time personnel as of

15 September 30, 1994. Such personnel of the Community

16 Management Account may be permanent employees of the

17 Community Management Account or personnel detailed

18 from other elements of the United States Government.

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

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

21 the Armed Forces who is detailed to the Community Man22 agement Staff from another element of the United States

23 Government shall be detailed on a reimbursable basis, ex24 cept that any such officer, employee or member may be

25 detailed on a nonreimbursable basis for a period of less
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1 than one year for the performance of temporary functions

2 as required by the Director of Central Intelligence.

3 TITLE II—CENTRAL INTEL4 LIGENCE AGENCY RETIRE5 MENT AND DISABILITY SYS6 TEM

7 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

8 There is authorized to be appropriated for the

9 Central Intelligence Agency Retirement and Disability

10 Fund for fiscal year 1994 the sum of $182,300,000.

11 SEC. 202. TECHNICAL CORRECTIONS.

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

13 Retirement Act is amended—

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

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

16 pay’’ and inserting in lieu thereof ‘‘and’’; and

17 (B) by striking ‘‘, and interest determined

18 under section 281’’;

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

20 striking ‘‘the proviso of section 102(d)(3) of the Na21 tional Security Act of 1947 (50 U.S.C. 403(d)(3))’’

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

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

24 3(c)(5))’’;
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1 (3) in section 211(c)(2)(B) (50 U.S.C.

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

3 section 241(b)(4)’’ and inserting in lieu thereof

4 ‘‘prior notification of a current spouse’’;

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

6 (A) by striking ‘‘(or, in the case of an an7 nuity computed under section 232 and based on

8 less than 3 years, over the total service)’’ in

9 subsection (a)(4);

10 (B) in subsection (f)(1)(A)—

11 (i) by inserting ‘‘after the partici12 pant’s death’’ before the period in the first

13 sentence;

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

15 death’’ in the second sentence;

16 (iii) by striking ‘‘(or is remarried if’’

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

18 thereof ‘‘(or, if remarried,’’; and

19 (iv) by striking ‘‘(except as provided

20 in paragraph (2))’’ in subsection (j);

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

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

23 appears in subsection (a)(7) and inserting in

24 lieu thereof ‘‘survivor’’;
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1 (B) by inserting ‘‘the participant’’ before

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

3 and

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

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

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

7 2034(c)(1)(B)(i)), by striking ‘‘former participant’’

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

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

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

11 appears in paragraph (3) and inserting in lieu

12 thereof ‘‘survivor’’; and

13 (B) by striking ‘‘1991’’ in paragraph

14 (4)(A) and inserting in lieu thereof ‘‘1990’’;

15 (8) in section 231(d)(2) (50 U.S.C.

16 2051(d)(2)), by striking ‘‘241(b)’’ and inserting in

17 lieu thereof ‘‘241(a)’’;

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

19 2052(b)(4)), by striking ‘‘section 222’’ and inserting

20 in lieu thereof ‘‘section 224’’;

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

22 striking ‘‘sections 241 and 281’’ and inserting in

23 lieu thereof ‘‘section 241’’;

24 (11) in section 241 (50 U.S.C. 2071)—
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1 (A) by striking ‘‘A lump-sum benefit that

2 would have been payable to a participant,

3 former participant, or annuitant, or to a survi4 vor annuitant, authorized by subsection (d) or

5 (e) of this section or by section 234(b) or

6 281(d)’’ in subsection (c) and inserting in lieu

7 thereof ‘‘Lump-sum payments authorized by

8 subsections (d) through (f) of this section or by

9 section 281(d)’’; and

10 (B) by redesignating subsection (f) as sub11 section (g) and inserting after subsection (e)

12 the following new subsection:

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

14 a retired participant dies, any annuity accrued and unpaid

15 shall be paid in accordance with subsection (c).’’;

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

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

18 at the end of paragraph (2);

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

20 return of contributions under section 234(a);

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

22 thereof ‘‘, and the amount of any such pay23 ment;’’; and

24 (C) by striking paragraph (4);
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1 (13) in section 265 (50 U.S.C. 2095), by strik2 ing ‘‘Act’’ in both places it appears and inserting in

3 lieu thereof ‘‘title’’;

4 (14) in section 291(b)(2) (50 U.S.C.

5 2131(b)(2)), by striking ‘‘or section 232(c)’’; and

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

7 2154(i)(1)), by striking ‘‘section 102(a)(3)’’ and in8 serting in lieu thereof ‘‘section 102(a)(4)’’.

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

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

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

12 HEALTH BENEFITS FOR CERTAIN EX13 SPOUSES OF CENTRAL INTELLIGENCE AGEN14 CY EMPLOYEES.

15 (a) SURVIVOR ANNUITY.—

16 (1) IN GENERAL.—

17 (A) ENTITLEMENT OF FORMER WIFE OR

18 HUSBAND.—Any person who was divorced on or

19 before December 4, 1991, from a participant or

20 retired participant in the Central Intelligence

21 Agency Retirement and Disability System and

22 who was married to such participant for not

23 less than 10 years during such participant’s

24 creditable service, at least five years of which

25 were spent by the participant during the par-
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1 ticipant’s service as an employee of the Central

2 Intelligence Agency outside the United States,

3 or otherwise in a position the duties of which

4 qualified the participant for designation by the

5 Director of Central Intelligence as a participant

6 under section 203 of the Central Intelligence

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

8 be entitled, except to the extent such person is

9 disqualified under paragraph (2), to a survivor

10 annuity equal to 55 percent of the greater of—

11 (i) the unreduced amount of the par12 ticipant’s annuity, as computed under sec13 tion 221(a) of such Act; or

14 (ii) the unreduced amount of what

15 such annuity as so computed would be if

16 the participant had not elected payment of

17 the lump-sum credit under section 294 of

18 such Act.

19 (B) REDUCTION IN SURVIVOR ANNUITY.—

20 A survivor annuity payable under this sub21 section shall be reduced by an amount equal to

22 any survivor annuity payments made to the

23 former wife or husband under section 226 of

24 such Act.
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1 (2) LIMITATIONS.—A former wife or husband is

2 not entitled to a survivor annuity under this sub3 section if—

4 (A) the former wife or husband remarries

5 before age 55, except that the entitlement of

6 the former wife or husband to such a survivor

7 annuity shall be restored on the date such re8 marriage is dissolved by death, annulment, or

9 divorce;

10 (B) the former wife or husband is less

11 than 50 years of age; or

12 (C) the former wife or husband meets the

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

14 under section 204(b)(4) of the Central Intel15 ligence Agency Retirement Act of 1964 for Cer16 tain Employees before December 4, 1991.

17 (3) COMMENCEMENT AND TERMINATION OF AN18 NUITY.—

19 (A) COMMENCEMENT OF ANNUITY.—The

20 entitlement of a former wife or husband to a

21 survivor annuity under this subsection shall

22 commence—

23 (i) in the case of a former wife or hus24 band of a participant or retired participant
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1 who is deceased as of October 1, 1994, be2 ginning on the later of—

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

4 or

5 (II) the date on which the former

6 wife or husband reaches age 50; and

7 (ii) in the case of any other former

8 wife or husband, beginning on the latest

9 of—

10 (I) the date on which the partici11 pant or retired participant to whom

12 the former wife or husband was mar13 ried dies;

14 (II) the 60th day after October

15 1, 1994; or

16 (III) the date on which the

17 former wife or husband attains age

18 50.

19 (B) TERMINATION OF ANNUITY.—The en20 titlement of a former wife or husband to a sur21 vivor annuity under this subsection terminates

22 on the last day of the month before the former

23 wife’s or husband’s death or remarriage before

24 attaining age 55. The entitlement of a former

25 wife or husband to such a survivor annuity shall
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1 be restored on the date such remarriage is dis2 solved by death, annulment, or divorce.

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

4 husband of a participant or retired participant shall

5 not become entitled under this subsection to a survi6 vor annuity or to the restoration of the survivor an7 nuity unless the former wife or husband elects to re8 ceive it instead of any other survivor annuity to

9 which the former wife or husband may be entitled

10 under the Central Intelligence Agency Retirement

11 and Disability System or any other retirement sys12 tem for Government employees on the basis of a

13 marriage to someone other than the participant.

14 (5) APPLICATION.—

15 (A) TIME LIMIT; WAIVER.—A survivor an16 nuity under this subsection shall not be payable

17 unless appropriate written application is pro18 vided to the Director, complete with any sup19 porting documentation which the Director may

20 by regulation require. Any such application

21 shall be submitted not later than October 1,

22 1995. The Director may waive the application

23 deadline under the preceding sentence in any

24 case in which the Director determines that the

25 circumstances warrant such a waiver.
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1 (B) RETROACTIVE BENEFITS.—Upon ap2 proval of an application provided under sub3 paragraph (A), the appropriate survivor annuity

4 shall be payable to the former wife or husband

5 with respect to all periods before such approval

6 during which the former wife or husband was

7 entitled to such annuity under this subsection,

8 but in no event shall a survivor annuity be pay9 able under this subsection with respect to any

10 period before October 1, 1994.

11 (6) RESTORATION OF ANNUITY.—Notwithstand12 ing paragraph (5)(A), the deadline by which an ap13 plication for a survivor annuity must be submitted

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

15 entitlement to such a survivor annuity is restored

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

17 (3)(B).

18 (7) APPLICABILITY IN CASES OF PARTICIPANTS

19 TRANSFERRED TO FERS.—

20 (A) ENTITLEMENT.—Except as provided

21 in paragraph (2), this subsection shall apply to

22 a former wife or husband of a participant under

23 the Central Intelligence Agency Retirement and

24 Disability System who has elected to become
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1 subject to chapter 84 of title 5, United States

2 Code.

3 (B) AMOUNT OF ANNUITY.—The survivor

4 annuity of a person covered by subparagraph

5 (A) shall be equal to 50 percent of the

6 unreduced amount of the participant’s annuity

7 computed in accordance with section 302(a) of

8 the Federal Employees’ Retirement System Act

9 of 1986 and shall be reduced by an amount

10 equal to any survivor annuity payments made

11 to the former wife or husband under section

12 8445 of title 5, United States Code.

13 (b) RETIREMENT ANNUITY.—

14 (1) IN GENERAL.—

15 (A) ENTITLEMENT OF FORMER WIFE OR

16 HUSBAND.—A person described in subsection

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

18 such former spouse is disqualified under para19 graph (2), to an annuity—

20 (i) if married to the participant

21 throughout the creditable service of the

22 participant, equal to 50 percent of the an23 nuity of the participant; or

24 (ii) if not married to the participant

25 throughout such creditable service, equal to
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1 that former wife’s or husband’s pro rata

2 share of 50 percent of such annuity (deter3 mined in accordance with section

4 222(a)(1)(B) of the Central Intelligence

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

6 (a)(1)(B)).

7 (B) REDUCTION IN RETIREMENT ANNU8 ITIES.—

9 (i) AMOUNT OF REDUCTION.—An an10 nuity payable under this subsection shall

11 be reduced by an amount equal to any ap12 portionment payments payable to the

13 former wife or husband pursuant to the

14 terms of a court order incident to the dis15 solution of the marriage of such former

16 spouse and the participant, former partici17 pant, or retired participant.

18 (ii) DEFINITION OF TERMS.—For pur19 poses of clause (i):

20 (I) APPORTIONMENT.—The term

21 ‘‘apportionment’’ means a portion of a

22 retired participant’s annuity payable

23 to a former wife or husband either by

24 the retired participant or the Govern-
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1 ment in accordance with the terms of

2 a court order.

3 (II) COURT ORDER.—The term

4 ‘‘court order’’ means any decree of di5 vorce or annulment or any court order

6 or court-approved property settlement

7 agreement incident to such decree.

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

9 not entitled to an annuity under this subsection if—

10 (A) the former wife or husband remarries

11 before age 55, except that the entitlement of

12 the former wife or husband to an annuity under

13 this subsection shall be restored on the date

14 such remarriage is dissolved by death, annul15 ment, or divorce;

16 (B) the former wife or husband is less

17 than 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.—
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1 (A) RETIREMENT ANNUITIES.—The enti2 tlement of a former wife or husband to an an3 nuity under this subsection—

4 (i) shall commence on the later of—

5 (I) October 1, 1994;

6 (II) the day the participant upon

7 whose service the right to the annuity

8 is based becomes entitled to an annu9 ity under such Act; or

10 (III) such former wife’s or hus11 band’s 50th birthday; and

12 (ii) shall terminate on the earlier of—

13 (I) the last day of the month be14 fore the former wife or husband dies

15 or remarries before 55 years of age,

16 except that the entitlement of the

17 former wife or husband to an annuity

18 under this subsection shall be restored

19 on the date such remarriage is dis20 solved by death, annulment, or di21 vorce; or

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

24 (B) DISABILITY ANNUITIES.—Notwith25 standing subparagraph (A)(i)(II), in the case of
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1 a 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

9 a disability annuity) or the date the dis10 ability annuity begins, whichever is later;

11 and

12 (ii) the amount of the annuity of the

13 former wife or husband shall be calculated

14 on the basis of the annuity for which the

15 participant would otherwise so qualify.

16 (C) ELECTION OF BENEFITS.—A former

17 wife or husband of a participant or retired par18 ticipant shall not become entitled under this

19 subsection to an annuity or to the restoration

20 of an annuity unless the former wife or hus21 band elects to receive it instead of any survivor

22 annuity to which the former wife or husband

23 may be entitled under the Central Intelligence

24 Agency Retirement and Disability System or

25 any other retirement system for Government
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1 employees on the basis of a marriage to some2 one other than the 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 doc9 umentation which the Director may by reg10 ulation 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

6 after 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

10 subsection shall apply to a former wife or husband

11 of a participant under the Central Intelligence Agen12 cy Retirement and Disability System who has elected

13 to become subject to chapter 84 of title 5, United

14 States Code. For purposes of this paragraph, any

15 reference in this section to a participant’s annuity

16 under the Central Intelligence Agency Retirement

17 and Disability System shall be deemed to refer to

18 the transferred participant’s annuity computed in

19 accordance with section 302(a) of the Federal Em20 ployees’ Retirement System Act of 1986.

21 (6) SAVINGS PROVISION.—Nothing in this sub22 section shall be construed to impair, reduce, or oth23 erwise affect the annuity or the entitlement to an

24 annuity of a participant or former participant under
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1 title II or III of the Central Intelligence Agency Re2 tirement Act.

3 (c) HEALTH BENEFITS.—

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

5 Intelligence Agency Act of 1949 (50 U.S.C. 403p) is

6 amended—

7 (A) by redesignating subsections (c)

8 through (e) as subsections (e) through (g), re9 spectively; and

10 (B) by inserting after subsection (b) the

11 following:

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

17 4, 1991, from a participant or retired participant in

18 the Central Intelligence Agency Retirement and Dis19 ability System or the Federal Employees Retirement

20 System 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
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1 States, or otherwise in a position the duties of which

2 qualified the participant for designation by the Di3 rector of Central Intelligence as a participant under

4 section 203 of the Central Intelligence Agency Re5 tirement Act (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-

8 month period before the date of dissolution of the

9 marriage to such participant;

10 is eligible for coverage under a health benefits plan.

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

12 paragraph (1) may enroll in a health benefits plan in ac13 cordance with subsection (b)(1), except that the election

14 for such enrollment must be submitted within 60 days

15 after the date on which the Director notifies the former

16 spouse of such individual’s eligibility for health insurance

17 coverage under this subsection.

18 ‘‘(d) CONTINUATION OF ELIGIBILITY.—Notwith19 standing subsections (a), (b), and (c) and except as pro20 vided in subsections (e) and (f), an individual divorced on

21 or before December 4, 1991, from a participant or retired

22 participant in the Central Intelligence Agency Retirement

23 and Disability System or Federal Employees’ Retirement

24 System Special Category who enrolled in a health benefits

25 plan following the dissolution of the marriage to such par-
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1 ticipant may continue enrollment following the death of

2 such participant notwithstanding the termination of the

3 retirement annuity of such individual.’’.

4 (2) CONFORMING AMENDMENTS.—(A) Sub5 section (a) of such section is amended by striking

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

7 ‘‘subsection (e)’’.

8 (B) Subsection (e)(2) of such section (as redes9 ignated by paragraph (1) of this section) is amended

10 by inserting ‘‘or to subsection (d)’’ after ‘‘subsection

11 (b)(1)’’.

12 (d) SOURCE OF PAYMENT FOR ANNUITIES.—Annu13 ities provided under subsections (a) and (b) shall be pay14 able from the Central Intelligence Agency Retirement and

15 Disability Fund maintained under section 202 of the

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

17 2012).

18 (e) EFFECTIVE DATE.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), subsections (a) and (b) shall take effect

21 as of October 1, 1994, the amendments made by

22 subsection (c) shall apply to individuals on and after

23 October 1, 1994, and no benefits provided pursuant

24 to those subsections shall be payable with respect to

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

2 Agency Act of 1949 (as added by subsection (c) of

3 this section) shall apply to individuals beginning on

4 the date of enactment of this Act.

5 SEC. 204. CROSS-REFERENCE CORRECTIONS TO REVISED

6 CIARDS STATUTE.

7 (a) ANNUAL INTELLIGENCE AUTHORIZATION

8 ACTS.—Section 306 of the Intelligence Authorization Act,

9 Fiscal Year 1990 (50 U.S.C. 403r-1) is amended by strik10 ing ‘‘section 303 of the Central Intelligence Agency Retire11 ment Act of 1964 for Certain Employees’’ and inserting

12 in lieu thereof ‘‘section 303 of the Central Intelligence

13 Agency Retirement Act (50 U.S.C. 2153)’’.

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

15 Service Act of 1980 is amended—

16 (1) in section 853 (22 U.S.C. 4071b), by strik17 ing ‘‘title II of the Central Intelligence Agency Re18 tirement Act of 1964 for Certain Employees’’ in

19 subsection (c) and inserting in lieu thereof ‘‘title II

20 of the Central Intelligence Agency Retirement Act

21 (50 U.S.C. 2011 et seq.)’’;

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

23 (A) by striking ‘‘title II of the Central In24 telligence Agency Retirement Act of 1964 for

25 Certain Employees’’ in subsection (a)(3) and in-
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1 serting in lieu thereof ‘‘title II of the Central

2 Intelligence Agency Retirement Act (50 U.S.C.

3 2011 et seq.)’’; and

4 (B) by striking ‘‘title III of the Central In5 telligence Agency Retirement Act of 1964 for

6 Certain Employees’’ in subsection (d) and in7 serting in lieu thereof ‘‘title III of the Central

8 Intelligence Agency Retirement Act (50 U.S.C.

9 2151 et seq.)’’; and

10 (3) in section 855 (22 U.S.C. 4071d), by strik11 ing ‘‘under title II of the Central Intelligence Agency

12 Retirement Act of 1964 for Certain Employees or

13 under section 302(a) or 303(b) of that Act’’ in sub14 section (b)(2)(A)(ii) and inserting in lieu thereof

15 ‘‘under title II of the Central Intelligence Agency

16 Retirement Act (50 U.S.C. 2011 et seq.) or under

17 section 302(a) or 303(b) of that Act (50 U.S.C.

18 2152(a), 2153(b))’’.

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

20 3121(b)(5)(H)(i) of the Internal Revenue Code of 1986

21 is amended by striking ‘‘section 307 of the Central Intel22 ligence Agency Retirement Act of 1964 for Certain Em23 ployees’’ and inserting in lieu thereof ‘‘section 307 of the

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

25 2157)’’.
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1 (d) SOCIAL SECURITY ACT.—Section 210(a)(5)(H)(i)

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

3 amended by striking ‘‘section 307 of the Central Intel4 ligence Agency Retirement Act of 1964 for Certain Em5 ployees’’ and inserting in lieu thereof ‘‘section 307 of the

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

7 2157)’’.

8 TITLE III—GENERAL

9 PROVISIONS

10 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

11 BENEFITS AUTHORIZED BY LAW.

12 Appropriations authorized by this Act for salary, pay,

13 retirement, and other benefits for Federal employees may

14 be increased by such additional or supplemental amounts

15 as may be necessary for increases in such compensation

16 or benefits authorized by law.

17 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

18 ACTIVITIES.

19 The authorization of appropriations by this Act shall

20 not be deemed to constitute authority for the conduct of

21 any intelligence activity which is not otherwise authorized

22 by the Constitution or laws of the United States.
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1 SEC. 303. NATIONAL SECURITY SCHOLARSHIPS, FELLOW2 SHIPS, AND GRANTS.

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

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

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

6 in the National Security Education Trust Fund estab7 lished pursuant to section 804 of such public law that are

8 not obligated on the date of enactment of this Act are

9 transferred to the Treasury of the United States as mis10 cellaneous receipts.

11 SEC. 304. ANNUAL REPORT ON INTELLIGENCE COMMUNITY

12 (a) ANNUAL DCI REPORT.—Title I of the National

13 Security Act of 1947 is amended by adding at the end

14 the following new section:

15 ‘‘ANNUAL REPORT ON INTELLIGENCE COMMUNITY

16 ACTIVITIES

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

18 Central Intelligence shall submit to Congress an annual

19 report on the activities of the intelligence community. The

20 annual report under this section shall be unclassified.

21 ‘‘(b) MATTERS TO BE COVERED IN ANNUAL RE22 PORT.—Each report under this section shall describe—

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

24 during the preceding fiscal year, including signifi25 cant successes and failures that can be described in

26 an unclassified manner; and
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1 ‘‘(2) the areas of the world and the issues that

2 the Director expects will require increased or un3 usual attention from the intelligence community dur4 ing the next fiscal year.

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

6 section for any year shall be submitted at the same time

7 that the President submits the budget for the next fiscal

8 year pursuant to section 1105 of title 31, United States

9 Code.’’.

10 (b) CLERICAL AMENDMENT.—The table of contents

11 in the first section of such Act is amended by inserting

12 after the item relating to section 108 the following new

13 item:

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

14 SEC. 305. SECURITY REVIEWS.

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

16 (1) the President directed the Director of the

17 Information Security Oversight Office to review Ex18 ecutive Order 12356 and other directives relating to

19 the protection of national security information and

20 to report no later than November 30, 1993; and

21 (2) the Secretary of Defense and the Director

22 of Central Intelligence have established a joint secu23 rity commission to conduct a review of security prac24 tices and procedures at the Department of Defense

25 and the Central Intelligence Agency and to report
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1 within 1 year of the establishment of the commis2 sion.

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that—

5 (1) the Director of Central Intelligence, the

6 Secretary of Defense, and the Director of the Infor7 mation Security Oversight Office should conduct the

8 reviews referred to in subsection (a) with maximum

9 consultation with each other; and

10 (2) the results of these reviews should be incor11 porated into a consolidated recommendation for the

12 President.

13 SEC. 306. NATIONAL TASK FORCE ON

14 COUNTERTERRORISM.

15 (a) ESTABLISHMENT.—It is the sense of the Con16 gress that the President should establish a National Task

17 Force on Counterterrorism comprised of the following nine

18 members: the Deputy Attorney General of the United

19 States, the Deputy Director of Central Intelligence, the

20 Coordinator for Terrorism of the Department of State, an

21 Assistant Secretary of Commerce as designated by the

22 Secretary of Commerce, the National Security Advisor or

23 the Deputy National Security Advisor for Special Oper24 ations Low Intensity Conflict, the Assistant Secretary of

25 Treasury for Enforcement, the Director of the Federal
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1 Bureau of Investigation, the Vice Chairman of the Joint

2 Chiefs of Staff, and an Assistant Secretary of Transpor3 tation appointed by the Secretary of Transportation. The

4 Deputy Attorney General and the Deputy Director of

5 Central Intelligence should serve as the Co-Chairs of the

6 Task Force which will review all counterterrorism activi7 ties of the intelligence community of the United States

8 Government.

9 (b) DUTIES.—The National Task Force on

10 Counterterrorism should prepare a report to the Congress

11 which should—

12 (1) define terrorism, both domestic and inter13 national;

14 (2) identify Federal Government activities, pro15 grams, and assets, which may be utilized to counter

16 terrorism;

17 (3) assess the processing, analysis, and dis18 tribution of intelligence on terrorism and make rec19 ommendations for improvement;

20 (4) make recommendations on appropriate na21 tional policies, both preventive and reactive, to

22 counter terrorism;

23 (5) assess the coordination among law enforce24 ment, intelligence and defense agencies involved in

25 counterterrorism activities and make recommenda-
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1 tions concerning how coordination can be improved;

2 and

3 (6) assess whether there should be more cen4 tralized operational control over Federal Government

5 activities, programs, and assets utilized to counter

6 terrorism, and if so, make recommendations con7 cerning how that should be achieved.

8 (c) SUPPORT.—Sufficient full-time staff to support

9 and fulfill duties outlined in paragraph (b) should be pro10 vided.

11 (d) REPORT.—The Task Force will report to Con12 gress no later than six months after the date of enactment

13 of this Act as to the review and recommendations outlined

14 in paragraph (b) and how those recommendations might

15 be implemented. Each 120 days thereafter for the remain16 der of the two year period beginning on the date of the

17 initial report, the Task Force will report to Congress on

18 the progress of the implementation of any recommenda19 tions.

20 SEC. 307. DISCLOSURE OF CLASSIFIED INFORMATION BY

21 MEMBERS OF CONGRESS AND EXECUTIVE

22 BRANCH OFFICERS AND EMPLOYEES.

23 During the fiscal year 1994, no element of the United

24 States Government for which funds are authorized in this

25 Act may provide any classified information concerning or
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1 derived from the intelligence or intelligence-related activi2 ties of such element to a Member of Congress or to an

3 officer or employee of the executive branch of the United

4 States Government unless and until a copy of the following

5 oath of secrecy has been signed by that Member, or officer

6 or employee, as the case may be, and has been published,

7 in an appropriate manner, in the Congressional Record:

‘‘I do solemnly swear that I will not willfully directly or indirectly disclose to any

unauthorized person any classified information received from any department of the

Government funded in the Intelligence Authorization Act for Fiscal Year 1994 in the

course of my duties as a Member of Congress (except pursuant to the rules and procedures of the appropriate House of the Congress), or as an officer or employee in the

executive branch of the Government, as the case may be.’’.

8 As used in this section, the term ‘‘Member of Congress’’

9 means a Member of the Senate or a Representative in,

10 or a Delegate or Resident Commissioner to, the House of

11 Representatives.

12 TITLE IV—CENTRAL

13 INTELLIGENCE AGENCY

14 SEC. 401. SUPPORT FOR SCIENCE, MATHEMATICS, AND EN15 GINEERING EDUCATION.

16 Section 5 of the Central Intelligence Agency Act of

17 1949 (50 U.S.C. 403f) is amended—

18 (1) by striking out ‘‘and’’ at the end of para19 graph (e);

20 (2) by striking out the period at the end of

21 paragraph (f) and inserting in lieu thereof ‘‘; and’’;

22 and
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1 (3) by adding the following new paragraph at

2 the end thereof:

3 ‘‘(g) In recognition of the importance of science,

4 mathematics, and engineering to the national security and

5 in order to encourage students to pursue studies in

6 science, mathematics, and engineering, the Director may

7 carry out a program to award cash prizes and visits to

8 the Agency (including the payment of costs associated

9 with such visits) for students who participate in high

10 school science fairs within the United States.’’.

11 TITLE V—DEPARTMENT OF

12 DEFENSE

13 SEC. 501. REPORTING ON INTELLIGENCE ACTIVITIES

14 OTHER THAN COVERT ACTIONS.

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

16 U.S.C. 413a) is amended—

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

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

19 ‘‘(b) For the purposes of this section, the term ‘intel20 ligence activity’ includes any deployment of military intel21 ligence personnel serving in clandestine intelligence collec22 tion units.’’.
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1 TITLE VI—ADDITIONAL

2 TECHNICAL AMENDMENTS

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

4 The Central Intelligence Agency Act of 1949 is

5 amended—

6 (1) in section 5(a) (50 U.S.C. 403f(a)), by

7 striking ‘‘sections 102 and 303 of the National Se8 curity Act of 1947 (Public Law 253, Eightieth Con9 gress)’’ in the first sentence and inserting in lieu

10 thereof ‘‘sections 103 and 104 of the National Secu11 rity Act of 1947 (50 U.S.C. 403–3, 403–4)’’;

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

13 403g), by striking ‘‘the proviso of section 102(d)(3)

14 of the National Security Act of 1947 (Public Law

15 253, Eightieth Congress, first session)’’ and insert16 ing in lieu thereof ‘‘section 103(c)(5) of the National

17 Security Act of 1947 (50 U.S.C. 403–3(c)(5))’’; and

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

19 (A) by striking ‘‘SECTION 231’’ in the

20 heading after ‘‘(b)’’ and inserting in lieu thereof

21 ‘‘SECTION 232’’; and

22 (B) by striking ‘‘section 231’’ in the mat23 ter following paragraph (4) and inserting in lieu

24 thereof ‘‘section 232’’.
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1 SEC. 602. NATIONAL SECURITY ACT OF 1947.

2 Section 103(d)(3) of the National Security Act of

3 1947 (50 U.S.C. 403–3(d)(3)) is amended by striking

4 ‘‘providing’’ and inserting in lieu thereof ‘‘provide’’.

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

6 CODE, OF CERTAIN PERMANENT PROVI7 SIONS.

8 (a) INTELLIGENCE-RELATED PROVISION.—(1) Chap9 ter 21 of title 10, United States Code, is amended by in10 serting after section 424 the following new section:

11 ‘‘§ 425. Disclosure of personnel information: exemp12 tion for National Reconnaissance Office

13 ‘‘(a) EXEMPTION FROM DISCLOSURE.—Except as re14 quired by the President or as provided in subsection (b),

15 no provision of law shall be construed to require the disclo16 sure of the name, title, or salary of any person employed

17 by, or assigned or detailed to, the National Reconnais18 sance Office or the disclosure of the number of such per19 sons.

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

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

22 of information to Congress.’’.

23 (2) The table of sections at the beginning of sub24 chapter I of such chapter is amended by adding at the

25 end the following new item:
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‘‘425. Disclosure of personnel information: exemption for National Reconnaissance Office.’’.

1 (b) CONFORMING REPEAL.—Section 406 of the Intel2 ligence Authorization Act for Fiscal Year 1993 (Public

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

4 SEC. 604. COMPLIANCE WITH BUY AMERICAN ACT.

5 No funds authorized pursuant to this Act may be ex6 pended by an entity unless the entity agrees that in ex7 pending the assistance the entity will comply with sections

8 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a9 10c, popularly known as the ‘‘Buy American Act’’).

10 SEC. 605. SENSE OF CONGRESS; REQUIREMENT REGARD11 ING NOTICE.

12 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

13 AND PRODUCTS.—In the case of any equipment or prod14 ucts that may be authorized under this Act, it is the sense

15 of the Congress that entities receiving such assistance

16 should, in expending the assistance, purchase only Amer17 ican-made equipment and products.

18 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

19 providing financial assistance under this Act, the Director

20 of the Central Intelligence Agency shall provide to each

21 recipient of the assistance a notice describing the state22 ment made in subsection (a) by the Congress.
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1 SEC. 606. PROHIBITION OF CONTRACTS.

2 If it has been finally determined by a court or Federal

3 agency that any person intentionally affixed a fraudulent

4 label bearing a ‘‘Made in America’’ inscription, or any in5 scription with the same meaning, to any product sold in

6 or shipped to the United States, that was not made in

7 the United States, such person shall be ineligible to receive

8 any contract or subcontract made with funds provided

9 pursuant to this Act, pursuant to the debarment, suspen10 sion, and ineligibility procedures described in section

11 9.400 through 9.409 of title 48, Code of Federal Regula12 tions.

Passed the House of Representatives August 4,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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