In the Senate of the United States,
November 8 (legislative day, November 2), 1993.
Resolved, That the bill from the House of Representa-
tives (H.R. 2330) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 1994 for the intelligence and intelligence-
related activities of the United States Government, the Com-
munity Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other pur-
poses’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
telligence Authorization Act for Fiscal Year 1994’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Technical corrections.
TITLE III—GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
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(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Federal Bureau of Investigation.
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
activities of the elements listed in such section, are those
specified in the classified Schedule of Authorizations pre-
pared by the Select Committee on Intelligence of the Senate
to accompany (S. 1301) of the One Hundred Third Con-
gress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—The Schedule of Authorizations shall be
made available to the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House
of Representatives and to the President. The President shall
provide for suitable distribution of the Schedule, or of ap-
propriate 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 of civilian
personnel in excess of the number authorized for fiscal year
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1994 under section 102 of this Act whenever the Director
determines that such action is necessary for 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 author-
ized under such section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di-
rector of Central Intelligence shall promptly notify the Per-
manent 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) AUTHORIZATIONS OF APPROPRIATIONS.—There is
authorized to be appropriated for the Community Manage-
ment Account of the Director of Central Intelligence for fis-
cal year 1994 the sum of $144,588,000. Within such
amounts authorized, amounts identified for the Advanced
Research and Development Committee shall remain avail-
able for obligation through September 30, 1995.
(b) AUTHORIZED PERSONNEL LEVELS.—The Commu-
nity Management Account of the Director of Central Intel-
ligence is authorized 237 full-time personnel as of Septem-
ber 30, 1994. Such personnel of the Community Manage-
ment Account may be permanent employees of the Commu-
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nity 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 Manage-
ment Account from another element of the United States
Government shall be detailed on a reimbursable basis, ex-
cept that any such officer, employee, or member may be de-
tailed on a nonreimbursable basis for a period of less than
1 year for the performance of temporary functions as re-
quired by the Director of Central Intelligence.
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fis-
cal year 1994 the sum of $182,300,000.
SEC. 202. TECHNICAL CORRECTIONS.
(a) CORRECTIONS.—The Central Intelligence Agency
Retirement Act (50 U.S.C. 2001 et seq.) is amended as fol-
lows:
(1) In section 101(7)—
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(A) strike out the comma after ‘‘basic pay’’
and insert in lieu thereof ‘‘and’’; and
(B) strike out ‘‘, and interest determined
under section 281’’.
(2) In section 201(c), strike out ‘‘proviso of sec-
tion 102(d)(3) of the National Security Act of 1947,
(50 U.S.C. 403(d)(3))’’ and insert in lieu thereof ‘‘re-
quirement in section 103(c)(5) of the National Secu-
rity Act of 1947 (50 U.S.C. 403–3(c)(5))’’.
(3) In section 211(c)(2)(B), strike out ‘‘the re-
quirement under section 241(b)(4)’’ and insert in lieu
thereof ‘‘prior notification of a current spouse, if any,
unless notification is waived under circumstances de-
scribed in section 221(b)(1)(D)’’.
(4) In section 221—
(A) in subsection (a)(4), strike out ‘‘(or, in
the case of an annuity computed under section
232 and based on less than 3 years, over the
total service)’’;
(B) in subsection (f)(1)(A)—
(i) insert ‘‘after the participant’s
death’’ before the period at the end of the
first sentence; and
(ii) strike out ‘‘after the participant’s
death’’ in the second sentence;
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(C) in subsection (g)(1), strike out ‘‘(or is
remarried’’ and insert in lieu thereof ‘‘(or is re-
married,’’; and
(D) In subsection (j), strike out ‘‘(except as
provided in paragraph (2))’’.
(5) In section 222—
(A) in subsection (a)(7), strike out ‘‘any
other annuity’’ the first time it appears and in-
sert in lieu thereof ‘‘any survivor annuity’’;
(B) in subsection (c)(3)(C), insert ‘‘the par-
ticipant’’ before ‘‘or does not qualify’’; and
(C) in subsection (c)(4), strike out ‘‘shall
terminate’’ and all that follows and insert in
lieu thereof ‘‘in the case of a spouse, shall termi-
nate on the last day of the month before the
spouse dies, and, in the case of a former spouse,
shall terminate on the last day of the month be-
fore the former spouse dies, or on the last day of
the month before the former spouse remarries be-
fore attaining age 55’’.
(6) In section 224(c)(1)(B)(i), strike out ‘‘former
participant’’ and insert in lieu thereof ‘‘retired par-
ticipant’’.
(7) In section 225(c)—
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(A) in paragraph (3), strike out ‘‘any other
annuity’’ the first time it appears and insert in
lieu thereof ‘‘any survivor annuity’’; and
(B) in paragraph (4)(A), strike out ‘‘1991’’
and insert in lieu thereof ‘‘1990’’.
(8) In section 231(d)(2), strike out ‘‘241(b)’’ and
insert in lieu thereof ‘‘241(a)’’.
(9) In section 232(b)(4), strike out ‘‘section 222’’
and insert in lieu thereof ‘‘section 224’’.
(10) In section 234(b), strike out ‘‘sections 241
and 281’’ and insert in lieu thereof ‘‘section 241’’.
(11) In section 241—
(A) in subsection (c), strike out ‘‘A lump-
sum benefit that would have been payable to a
participant, former participant, or annuitant,
or to a survivor annuitant, authorized by sub-
section (d) or (e) of this section or by section
234(b) or 281(d)’’ and insert in lieu thereof ‘‘A
lump-sum payment authorized by subsection (d)
or (e) of this section or by section 281(d) and a
payment of accrued and unpaid annuity author-
ized by subsection (f) of this section’’;
(B) redesignate subsection (f) as subsection
(g); and
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(C) insert after subsection (e) the following
new subsection (f):
‘‘(f) PAYMENT OF ACCRUED AND UNPAID ANNUITY
WHEN RETIRED PARTICIPANT DIES.—If a retired partici-
pant dies, any annuity accrued and unpaid shall be paid
in accordance with subsection (c).’’.
(12) In section 264(b)—
(A) in paragraph (2), insert ‘‘and’’ after the
semicolon at the end;
(B) in paragraph (3), strike out ‘‘and to
any payment of a return of contributions under
section 234(a); and’’ and insert in lieu thereof ‘‘,
and the amount of any such payment;’’; and
(C) strike out paragraph (4).
(13) In section 265, strike out ‘‘Act’’ each place
it appears and insert in lieu thereof ‘‘title’’.
(14) In section 291(b)(2), strike out ‘‘or section
232(c)’’.
(15) In section 304(i)(1), strike out ‘‘section
102(a)(3)’’ and insert in lieu thereof ‘‘section
102(a)(4)’’.
(b) RETROACTIVE EFFECTIVE DATE.—The amend-
ments made by subsection (a) shall be effective as of Feb-
ruary 1, 1993.
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TITLE III—GENERAL
PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND
BENEFITS AUTHORIZED BY LAW.
There are authorized to be appropriated to carry out
the purposes of this Act such additional amounts for fiscal
year 1994 as may be necessary for increases in salary, pay,
retirement, and other employee benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE
ACTIVITIES.
The authorization of appropriations in this Act does
not constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitu-
tion or the laws of the United States.
SEC. 303. TEMPORARY PAY RETENTION FOR CERTAIN FBI
EMPLOYEES.
The Federal Employees Pay Comparability Act of
1990 as contained in section 529 of the Treasury, Postal
Service and General Government Appropriations Act, 1991
(Public Law 101–509) is amended by striking section 406
and inserting in lieu thereof:
‘‘SEC. 406. FBI NEW YORK FIELD DIVISION.
‘‘(a) No employee of the Federal Bureau of Investiga-
tion assigned to the New York Field Division prior to Sep-
tember 29, 1993 in a position covered by the demonstration
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project created by section 601 of the Intelligence Authoriza-
tion Act for Fiscal Year 1989 (Public Law 100–453), as
amended, shall have his or her total pay reduced as a result
of the termination of the demonstration project, unless that
employee ceases or has ceased at any time after that date
to be employed in a position covered by the demonstration
project: Provided, That, beginning on September 30, 1993,
any periodic payment under section 602(a)(2) of the Intel-
ligence 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
an annual adjustment under section 5303, locality-based
comparability payment under section 5304, initiation or
increase in a special pay rate under section 5305, pro-
motion under section 5334, periodic step increase under sec-
tion 5335, merit increase under section 5404, or other in-
crease to basic pay under any provision of law.
‘‘(b) 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. 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 Intel-
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ligence, the Committee on Armed Services, and the Commit-
tee 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 Govern-
ment and intelligence collection capabilities, to in-
clude the identification of topics and areas of the
world of significant interest to the United States to
which the application of additional resources, tech-
nology, or other efforts would generate new informa-
tion 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 intel-
ligence 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
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(3) contain joint recommendations of the Direc-
tor of Central Intelligence and the Secretary of De-
fense on appropriate means, to include specific budg-
etary adjustments, for reducing or eliminating the
gaps identified under paragraphs (1) and (2).
SEC. 305. AMENDMENT TO SECTION 307 OF THE NATIONAL
SECURITY ACT AND RATIFICATION OF A PAST
TRANSACTION.
(a) AMENDMENT TO SECTION 307 OF THE NATIONAL
SECURITY ACT OF 1947.—Section 307 of the National Secu-
rity Act of 1947 is amended by striking ‘‘provisions and
purposes of this Act’’ and inserting in lieu thereof ‘‘provi-
sions and purposes of this Act (other than the provisions
and purposes of sections 102, 103, 104, 105 and titles V,
VI, and VII)’’.
(b) RATIFICATION OF FUNDING TRANSACTION.—Funds
obligated or expended for the Accelerated Architecture Ac-
quisition Initiative of the Plan to Improve the Imagery
Ground Architecture based upon the notification to the ap-
propriate 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.
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SEC. 306. SENSE OF CONGRESS REGARDING DISCLOSURE
OF ANNUAL INTELLIGENCE BUDGET.
It is the sense of Congress that, in each year, the aggre-
gate amount requested and authorized for, and spent on,
intelligence and intelligence-related activities should be dis-
closed to the public in an appropriate manner.
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. GENERAL COUNSEL OF THE CENTRAL INTEL-
LIGENCE AGENCY.
(a) POSITION
ESTABLISHED.—The Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is
amended by adding at the end the following:
‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE
AGENCY
‘‘SEC. 20. (a) There is a General Counsel of the Central
Intelligence Agency appointed from civilian life by the
President, by and with the advice and consent of the Senate.
‘‘(b) The General Counsel of the Central Intelligence
Agency is the chief legal officer of the Central Intelligence
Agency.
‘‘(c) The General Counsel of the Central Intelligence
Agency shall perform such functions as the Director of
Central Intelligence may prescribe.’’.
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(b) PAY FOR POSITION.—Section 5315 of title 5, Unit-
ed States Code, is amended by adding at the end the follow-
ing:
‘‘General Counsel of the Central Intelligence
Agency.’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect one year after the date of the enact-
ment of this Act.
SEC. 402. TECHNICAL AMENDMENTS TO THE CIA ACT AND
NATIONAL SECURITY ACT.
(a) AMENDMENTS TO CIA ACT.—The Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is
amended as follows:
(1) In section 5(a)—
(A) strike out ‘‘Bureau of the Budget’’ and
insert ‘‘Office of Management and Budget’’; and
(B) strike out ‘‘sections 102 and 303’’ and
insert 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 sec-
tion 104, and section 303’’.
(2) In section 6, strike out ‘‘section 102(d)(3)’’
and insert in lieu thereof ‘‘section 103(c)(5)’’.
(3) In section 19(b)—
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(A) strike out ‘‘231’’ in the subsection head-
ing and in the matter after clause (iv) and in-
sert in lieu thereof ‘‘232’’; and
(B) strike out ‘‘(50 U.S.C. 403 note)’’.
(b) AMENDMENTS TO NATIONAL SECURITY ACT.—Sec-
tion 103(d)(3) of the National Security Act of 1947 is
amended by striking out ‘‘providing’’ and inserting in lieu
thereof ‘‘provide’’.
TITLE V—DEPARTMENT OF
DEFENSE
SEC. 501. FOREIGN LANGUAGE PROFICIENCY PAY FOR MEM-
BERS OF THE RESERVE COMPONENTS OF THE
ARMED FORCES.
(a) BONUS AUTHORIZED.—Section 316(c) of title 37,
United States Code, is amended by striking out paragraphs
(1) and (2) and inserting in lieu thereof the following:
‘‘(1) Under regulations prescribed by the Secretary
concerned, when a member of a reserve component who is
entitled to compensation under section 206 of this title
meets the requirements for special pay authorized in sub-
section (a), except the requirement prescribed in subsection
(a)(1), the member may be paid an annual foreign language
maintenance bonus.
‘‘(2) The amount of the bonus under paragraph (1)
shall be determined by the Secretary concerned but may not
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exceed the annual equivalent of the maximum monthly rate
of special pay authorized under subsection (b) for a member
referred to in subsection (a).’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect with respect to the first month
that begins more than 90 days after the date of the enact-
ment of this Act.
SEC. 502. NATIONAL SECURITY EDUCATION TRUST FUND.
(a) CREDITING OF GIFTS TO THE NATIONAL SECURITY
EDUCATION TRUST FUND.—Section 804(e) of the Intel-
ligence Authorization Act, Fiscal Year 1992 (50 U.S.C.
1904(e)) is amended by adding at the end thereof the follow-
ing:
‘‘(3) Any gifts of money shall be credited to and form
a part of the Fund.’’.
(b) REPEAL
OF AUTHORIZATION REQUIREMENT.—
Section 804(b) of such Act is amended—
(1) by striking ‘‘(1)’’;
(2) by redesignating subparagraphs (A) and (B)
as paragraphs (1) and (2); and
(3) by striking paragraph (2).
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TITLE VI—FEDERAL BUREAU OF
INVESTIGATION
SEC. 601. FEDERAL BUREAU OF INVESTIGATION COUNTER-
INTELLIGENCE ACCESS TO CONSUMER CRED-
IT RECORDS.
Section 608 of the Fair Credit Reporting Act (15
U.S.C. 1681f) is amended—
(1) by striking ‘‘Notwithstanding’’ and inserting
‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING INFOR-
MATION.—Notwithstanding’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) DISCLOSURES TO THE FBI FOR COUNTERINTEL-
LIGENCE PURPOSES.—
‘‘(1) CONSUMER REPORTS.—Notwithstanding the
provisions of section 604, a consumer reporting agen-
cy shall furnish a consumer report to the Federal Bu-
reau of Investigation when presented with a written
request for a consumer report, signed by the Director
of the Federal Bureau of Investigation (hereafter in
this section referred to as the ‘Director’) or the Direc-
tor’s designee, which certifies compliance with this
subsection. The Director or the Director’s designee
may make such a certification only if the Director or
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the Director’s designee has determined in writing
that—
‘‘(A) such records are necessary for the con-
duct of an authorized foreign counterintelligence
investigation; and
‘‘(B) there are specific and articulable facts
giving reason to believe that the consumer whose
consumer report is sought is a foreign power or
an agent of a foreign power, as defined in sec-
tion 101 of the Foreign Intelligence Surveillance
Act of 1978.
‘‘(2) IDENTIFYING INFORMATION.—Notwithstand-
ing the provisions of section 604, a consumer report-
ing agency shall furnish identifying information re-
specting a consumer, limited to name, address, former
addresses, places of employment, or former places of
employment, to the Federal Bureau of Investigation
when presented with a written request, signed by the
Director or the Director’s designee, which certifies
compliance with this subsection. The Director or the
Director’s designee may make such a certification
only if the Director or the Director’s designee has de-
termined in writing that—
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‘‘(A) such information is necessary to the
conduct of an authorized foreign counterintel-
ligence investigation; and
‘‘(B) there is information giving reason to
believe that the consumer has been, or is about
to be, in contact with a foreign power or an
agent of a foreign power, as defined in section
101 of the Foreign Intelligence Surveillance Act
of 1978.
‘‘(3) CONFIDENTIALITY.—No consumer reporting
agency or officer, employee, or agent of such consumer
reporting agency may disclose to any person, other
than those officers, employees or agents of such agency
necessary to fulfill the requirement to disclose infor-
mation to the Federal Bureau of Investigation under
this subsection, that the Federal Bureau of Investiga-
tion has sought or obtained a consumer report or
identifying information respecting any consumer
under paragraph (1) or (2), nor shall such agency, of-
ficer, employee, or agent include in any consumer re-
port any information that would indicate that the
Federal Bureau of Investigation has sought or ob-
tained such a consumer report or identifying infor-
mation.