H. R. 2330
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To authorize appropriations for fiscal year 1994 for the intelligence and 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.
Be it enacted by the Senate and House or Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Intelligence Authorization Act
for Fiscal Year 1994’’.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
1994 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Govern-
ment:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The National Reconnaissance Office.
(6) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Federal Bureau of Investigation.
(11) The Drug Enforcement Administration.
(12) The Central Imagery Office.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.—
The amounts authorized to be appropriated under section 101,
and the authorized personnel ceilings as of September 30, 1994,
for the conduct of the intelligence and intelligence-related activities
of the elements listed in such section, are those specified in the
classified Schedule of Authorizations prepared to accompany the
conference report on the bill H.R. 2330 of the One Hundred Third
Congress.
(b) AVAILABILITY
OF CLASSIFIED SCHEDULE
OF AUTHORIZA-
TIONS.—The Schedule of Authorizations shall be made available
to the Committees on Appropriations of the Senate and House
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of Representatives and to the President. The President shall provide
for suitable distribution of the Schedule, or of appropriate portions
of the Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY
FOR ADJUSTMENTS.—The Director of Central
Intelligence may authorize employment for civilian personnel in
excess of the number authorized for fiscal year 1994 under section
102 of this Act when the Director determines that such action
is necessary to the performance of important intelligence functions,
except that such number may not, for any element of the intelligence
community, exceed 2 percent of the number of civilian personnel
authorized under such section for such element.
(b) NOTICE
TO INTELLIGENCE COMMITTEES.—The Director of
Central Intelligence shall promptly notify the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate whenever the
Director exercises the authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Community Management Account of
the Director of Central Intelligence for fiscal year 1994 the sum
of $113,800,000. Within such amounts authorized, funds identified
in the classified Schedule of Authorizations referred to in section
102(a) for the Advanced Research and Development Committee
and the Environmental Task Force shall remain available until
September 30, 1995.
(b) AUTHORIZED PERSONNEL LEVELS.—The Community Manage-
ment Account of the Director of Central Intelligence is authorized
222 full-time personnel as of September 30, 1994. Such personnel
of the Community Management Account may be permanent employ-
ees of the Community Management Account or personnel detailed
from other elements of the United States Government.
(c) REIMBURSEMENT.—During fiscal year 1994, any officer or
employee of the United States or a member of the Armed Forces
who is detailed to the Community Management Staff from another
element of the United States Government shall be detailed on
a reimbursable basis, except that any such officer, employee or
member may be detailed on a nonreimbursable basis for a period
of less than one year for the performance of temporary functions
as required by the Director of Central Intelligence.
TITLE II—CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 1994
the sum of $182,300,000.
SEC. 202. TECHNICAL CORRECTIONS.
(a) IN GENERAL.—The Central Intelligence Agency Retirement
Act is amended—
(1) in section 101(7) (50 U.S.C. 2001(7))—
(A) by striking the comma after ‘‘basic pay’’ and insert-
ing in lieu thereof ‘‘and’’; and
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(B) by striking ‘‘, and interest determined under section
281’’;
(2) in section 201(c) (50 U.S.C. 2011(c)), by striking ‘‘the
proviso of section 102(d)(3) of the National Security Act of
1947 (50 U.S.C. 403(d)(3))’’ and inserting in lieu thereof ‘‘section
103(c)(5) of the National Security Act of 1947 (50 U.S.C. 403–
3(c)(5))’’;
(3) in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by strik-
ing ‘‘the requirement under section 241(b)(4)’’ and inserting
in lieu thereof ‘‘prior notification of a current spouse, if any,
unless the participant establishes to the satisfaction of the
Director, in accordance with regulations which the Director
may prescribe, that the participant does not know, and has
taken all reasonable steps to determine, the whereabouts of
the current spouse’’;
(4) in section 221 (50 U.S.C. 2031)—
(A) by striking ‘‘(or, in the case of an annuity computed
under section 232 and based on less than 3 years, over
the total service)’’ in subsection (a)(4);
(B) in subsection (f)(1)(A)—
(i) by inserting ‘‘after the participant’s death’’
before the period in the first sentence; and
(ii) by striking ‘‘after the participant’s death’’ in
the second sentence;
(C) by striking ‘‘(or is remarried’’ in subsection (g)(1)
and inserting in lieu thereof ‘‘(or is remarried,’’; and
(D) by striking ‘‘(except as provided in paragraph (2))’’
in subsection (j);
(5) in section 222 (50 U.S.C. 2032)—
(A) by striking ‘‘other’’ the first place it appears in
subsection (a)(7) and inserting in lieu thereof ‘‘survivor’’;
(B) by inserting ‘‘the participant’’ before ‘‘or does not
qualify’’ in subsection (c)(3)(C); and
(C) by inserting ‘‘spouse’s or the’’ after ‘‘month before
the’’ in subsection (c)(4);
(6) in section 224(c)(1)(B)(i) (50 U.S.C. 2034(c)(1)(B)(i)), by
striking ‘‘former participant’’ and inserting in lieu thereof
‘‘retired participant’’;
(7) in section 225(c) (50 U.S.C. 2035(c))—
(A) by striking ‘‘other’’ the first place it appears in
paragraph (3) and inserting in lieu thereof ‘‘survivor’’; and
(B) by striking ‘‘1991’’ in paragraph (4)(A) and inserting
in lieu thereof ‘‘1990’’;
(8) in section 231(d)(2) (50 U.S.C. 2051(d)(2)), by striking
‘‘241(b)’’ and inserting in lieu thereof ‘‘241(a)’’;
(9) in section 232(b)(4) (50 U.S.C. 2052(b)(4)), by striking
‘‘section 222’’ and inserting in lieu thereof ‘‘section 224’’;
(10) in section 234(b) (50 U.S.C. 2054(b)), by striking ‘‘sec-
tions 241 and 281’’ and inserting in lieu thereof ‘‘section 241’’;
(11) in section 241 (50 U.S.C. 2071)—
(A) by striking ‘‘A lump-sum benefit that would have
been payable to a participant, former participant, or annu-
itant, or to a survivor annuitant, authorized by subsection
(d) or (e) of this section or by section 234(b) or 281(d)’’
in subsection (c) and inserting in lieu thereof ‘‘A lump-
sum payment authorized by subsection (d) or (e) of this
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section 281(d) and a payment of any accrued and unpaid
annuity authorized by subsection (f) of this section’’; and
(B) by redesignating subsection (f) as subsection (g)
and inserting after subsection (e) the following new sub-
section:
‘‘(f) PAYMENT OF ACCRUED AND UNPAID ANNUITY WHEN RETIRED
PARTICIPANT DIES.—If a retired participant dies, any annuity
accrued and unpaid shall be paid in accordance with subsection
(c).’’;
(12) in section 264(b) (50 U.S.C. 2094)—
(A) by inserting ‘‘and’’ after the semicolon at the end
of paragraph (2);
(B) by striking ‘‘and to any payment of a return of
contributions under section 234(a); and’’ in paragraph (3)
and inserting in lieu thereof ‘‘, and the amount of any
such payment;’’; and
(C) by striking paragraph (4);
(13) in section 265 (50 U.S.C. 2095), by striking ‘‘Act’’
in both places it appears and inserting in lieu thereof ‘‘title’’;
(14) in section 291(b)(2) (50 U.S.C. 2131(b)(2)), by striking
‘‘or section 232(c)’’; and
(15) in section 304(i)(1) (50 U.S.C. 2154(i)(1)), by striking
‘‘section 102(a)(3)’’ and inserting in lieu thereof ‘‘section
102(a)(4)’’.
(b) RETROACTIVE EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect as of February 1, 1993.
SEC. 203. SURVIVOR ANNUITY, RETIREMENT ANNUITY, AND HEALTH
BENEFITS FOR CERTAIN EX-SPOUSES OF CENTRAL INTEL-
LIGENCE AGENCY EMPLOYEES.
(a) SURVIVOR ANNUITY.—
(1) IN GENERAL.—
(A) ENTITLEMENT OF FORMER WIFE OR HUSBAND.—Any
person who was divorced on or before December 4, 1991,
from a participant or retired participant in the Central
Intelligence Agency Retirement and Disability System and
who was married to such participant for not less than
10 years during such participant’s creditable service, at
least five years of which were spent by the participant
during the participant’s service as an employee of the
Central Intelligence Agency outside the United States, or
otherwise in a position the duties of which qualified the
participant for designation by the Director of Central Intel-
ligence as a participant under section 203 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2013), shall
be entitled, except to the extent such person is disqualified
under paragraph (2), to a survivor annuity equal to 55
percent of the greater of—
(i) the unreduced amount of the participant’s annu-
ity, as computed under section 221(a) of such Act;
or
(ii) the unreduced amount of what such annuity
as so computed would be if the participant had not
elected payment of the lump-sum credit under section
294 of such Act.
(B) REDUCTION
IN
SURVIVOR
ANNUITY.—A survivor
annuity payable under this subsection shall be reduced
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by an amount equal to any survivor annuity payments
made to the former wife or husband under section 226
of such Act.
(2) LIMITATIONS.—A former wife or husband is not entitled
to a survivor annuity under this subsection if—
(A) the former wife or husband remarries before age
55, except that the entitlement of the former wife or hus-
band to such a survivor annuity shall be restored on the
date such remarriage is dissolved by death, annulment,
or divorce;
(B) the former wife or husband is less than 50 years
of age; or
(C) the former wife or husband meets the definition
of ‘‘former spouse’’ that was in effect under section 204(b)(4)
of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees before December 4, 1991.
(3) COMMENCEMENT AND TERMINATION OF ANNUITY.—
(A) COMMENCEMENT OF ANNUITY.—The entitlement of
a former wife or husband to a survivor annuity under
this subsection shall commence—
(i) in the case of a former wife or husband of
a participant or retired participant who is deceased
as of October 1, 1994, beginning on the later of—
(I) the 60th day after such date; or
(II) the date on which the former wife or hus-
band reaches age 50; and
(ii) in the case of any other former wife or husband,
beginning on the latest of—
(I) the date on which the participant or retired
participant to whom the former wife or husband
was married dies;
(II) the 60th day after October 1, 1994; or
(III) the date on which the former wife or
husband attains age 50.
(B) TERMINATION OF ANNUITY.—The entitlement of a
former wife or husband to a survivor annuity under this
subsection terminates on the last day of the month before
the former wife’s or husband’s death or remarriage before
attaining age 55. The entitlement of a former wife or hus-
band to such a survivor annuity shall be restored on the
date such remarriage is dissolved by death, annulment,
or divorce.
(4) ELECTION OF BENEFITS.—A former wife or husband of
a participant or retired participant shall not become entitled
under this subsection to a survivor annuity or to the restoration
of the survivor annuity unless the former wife or husband
elects to receive it instead of any other survivor annuity to
which the former wife or husband may be entitled under the
Central Intelligence Agency Retirement and Disability System
or any other retirement system for Government employees on
the basis of a marriage to someone other than the participant.
(5) APPLICATION.—
(A) TIME LIMIT; WAIVER.—A survivor annuity under
this subsection shall not be payable unless appropriate
written application is provided to the Director, complete
with any supporting documentation which the Director may
by regulation require. Any such application shall be submit-
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ted not later than October 1, 1995. The Director may waive
the application deadline under the preceding sentence in
any case in which the Director determines that the cir-
cumstances warrant such a waiver.
(B) RETROACTIVE
BENEFITS.—Upon approval of an
application provided under subparagraph (A), the appro-
priate survivor annuity shall be payable to the former
wife or husband with respect to all periods before such
approval during which the former wife or husband was
entitled to such annuity under this subsection, but in no
event shall a survivor annuity be payable under this sub-
section with respect to any period before October 1, 1994.
(6) RESTORATION OF ANNUITY.—Notwithstanding paragraph
(5)(A), the deadline by which an application for a survivor
annuity must be submitted shall not apply in cases in which
a former spouse’s entitlement to such a survivor annuity is
restored after October 1, 1994, under paragraph (2)(A) or (3)(B).
(7) APPLICABILITY IN CASES OF PARTICIPANTS TRANSFERRED
TO FERS.—
(A) ENTITLEMENT.—Except as provided in paragraph
(2), this subsection shall apply to a former wife or husband
of a participant under the Central Intelligence Agency
Retirement and Disability System who has elected to
become subject to chapter 84 of title 5, United States
Code.
(B) AMOUNT OF ANNUITY.—The survivor annuity of a
person covered by subparagraph (A) shall be equal to 50
percent of the unreduced amount of the participant’s annu-
ity computed in accordance with section 302(a) of the Fed-
eral Employees’ Retirement System Act of 1986 and shall
be reduced by an amount equal to any survivor annuity
payments made to the former wife or husband under sec-
tion 8445 of title 5, United States Code.
(b) RETIREMENT ANNUITY.—
(1) IN GENERAL.—
(A) ENTITLEMENT OF FORMER WIFE OR HUSBAND.—A
person described in subsection (a)(1)(A) shall be entitled,
except to the extent such former spouse is disqualified
under paragraph (2), to an annuity—
(i) if married to the participant throughout the
creditable service of the participant, equal to 50 percent
of the annuity of the participant; or
(ii) if not married to the participant throughout
such creditable service, equal to that former wife’s
or husband’s pro rata share of 50 percent of such
annuity (determined in accordance with section
222(a)(1)(B) of the Central Intelligence Agency Retire-
ment Act (50 U.S.C. 2032 (a)(1)(B)).
(B) REDUCTION IN RETIREMENT ANNUITIES.—
(i) AMOUNT OF REDUCTION.—An annuity payable
under this subsection shall be reduced by an amount
equal to any apportionment payments payable to the
former wife or husband pursuant to the terms of a
court order incident to the dissolution of the marriage
of such former spouse and the participant, former
participant, or retired participant.
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(ii) DEFINITION OF TERMS.—For purposes of clause
(i):
(I) APPORTIONMENT.—The term ‘‘apportion-
ment’’ means a portion of a retired participant’s
annuity payable to a former wife or husband either
by the retired participant or the Government in
accordance with the terms of a court order.
(II) COURT
ORDER.—The term ‘‘court order’’
means any decree of divorce or annulment or any
court order or court-approved property settlement
agreement incident to such decree.
(2) LIMITATIONS.—A former wife or husband is not entitled
to an annuity under this subsection if—
(A) the former wife or husband remarries before age
55, except that the entitlement of the former wife or hus-
band to an annuity under this subsection shall be restored
on the date such remarriage is dissolved by death, annul-
ment, or divorce;
(B) the former wife or husband is less than 50 years
of age; or
(C) the former wife or husband meets the definition
of ‘‘former spouse’’ that was in effect under section 204(b)(4)
of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees before December 4, 1991.
(3) COMMENCEMENT AND TERMINATION.—
(A) RETIREMENT
ANNUITIES.—The entitlement of a
former wife or husband to an annuity under this
subsection—
(i) shall commence on the later of—
(I) October 1, 1994;
(II) the day the participant upon whose service
the right to the annuity is based becomes entitled
to an annuity under such Act; or
(III) such former wife’s or husband’s 50th
birthday; and
(ii) shall terminate on the earlier of—
(I) the last day of the month before the former
wife or husband dies or remarries before 55 years
of age, except that the entitlement of the former
wife or husband to an annuity under this sub-
section shall be restored on the date such
remarriage is dissolved by death, annulment, or
divorce; or
(II) the date on which the annuity of the
participant terminates.
(B) DISABILITY ANNUITIES.—Notwithstanding subpara-
graph (A)(i)(II), in the case of a former wife or husband
of a disability annuitant—
(i) the annuity of the former wife or husband shall
commence on the date on which the participant would
qualify on the basis of the participant’s creditable serv-
ice for an annuity under the Central Intelligence
Agency Retirement Act (other than a disability annu-
ity) or the date the disability annuity begins, whichever
is later; and
(ii) the amount of the annuity of the former wife
or husband shall be calculated on the basis of the
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annuity for which the participant would otherwise so
qualify.
(C) ELECTION OF BENEFITS.—A former wife or husband
of a participant or retired participant shall not become
entitled under this subsection to an annuity or to the
restoration of an annuity unless the former wife or husband
elects to receive it instead of any survivor annuity to which
the former wife or husband may be entitled under the
Central Intelligence Agency Retirement and Disability Sys-
tem or any other retirement system for Government
employees on the basis of a marriage to someone other
than the participant.
(D) APPLICATION.—
(i) TIME LIMIT; WAIVER.—An annuity under this
subsection shall not be payable unless appropriate
written application is provided to the Director of
Central Intelligence, complete with any supporting
documentation which the Director may by regulation
require, not later than October 1, 1995. The Director
may waive the application deadline under the preced-
ing sentence in any case in which the Director deter-
mines that the circumstances warrant such a waiver.
(ii) RETROACTIVE BENEFITS.—Upon approval of an
application under clause (i), the appropriate annuity
shall be payable to the former wife or husband with
respect to all periods before such approval during
which the former wife or husband was entitled to an
annuity under this subsection, but in no event shall
an annuity be payable under this subsection with
respect to any period before October 1, 1994.
(4) RESTORATION
OF
ANNUITIES.—Notwithstanding para-
graph (3)(D)(i), the deadline by which an application for a
retirement annuity must be submitted shall not apply in cases
in which a former spouse’s entitlement to such annuity is
restored after October 1, 1994, under paragraph (2)(A) or
(3)(A)(ii).
(5) APPLICABILITY IN CASES OF PARTICIPANTS TRANSFERRED
TO FERS.—The provisions of this subsection shall apply to a
former wife or husband of a participant under the Central
Intelligence Agency Retirement and Disability System who has
elected to become subject to chapter 84 of title 5, United States
Code. For purposes of this paragraph, any reference in this
section to a participant’s annuity under the Central Intelligence
Agency Retirement and Disability System shall be deemed to
refer to the transferred participant’s annuity computed in
accordance with section 302(a) of the Federal Employee’s Retire-
ment System Act of 1986.
(6) SAVINGS PROVISION.—Nothing in this subsection shall
be construed to impair, reduce, or otherwise affect the annuity
or the entitlement to an annuity of a participant or former
participant under title II or III of the Central Intelligence
Agency Retirement Act.
(c) HEALTH BENEFITS.—
(1) IN GENERAL.—Section 16 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403p) is amended—
(A) by redesignating subsections (c) through (e) as sub-
sections (e) through (g), respectively; and
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(B) by inserting after subsection (b) the following:
‘‘(c) ELIGIBILITY OF FORMER WIVES OR HUSBANDS.—(1) Notwith-
standing subsections (a) and (b) and except as provided in sub-
sections (d), (e), and (f), an individual—
‘‘(A) who was divorced on or before December 4, 1991,
from a participant or retired participant in the Central Intel-
ligence Agency Retirement and Disability System or the Federal
Employees Retirement System Special Category;
‘‘(B) who was married to such participant for not less
than ten years during the participant’s creditable service, at
least five years of which were spent by the participant during
the participant’s service as an employee of the Agency outside
the United States, or otherwise in a position the duties of
which qualified the participant for designation by the Director
of Central Intelligence as a participant under section 203 of
the Central Intelligence Agency Retirement Act (50 U.S.C.
2013); and
‘‘(C) who was enrolled in a health benefits plan as a family
member at any time during the 18-month period before the
date of dissolution of the marriage to such participant;
is eligible for coverage under a health benefits plan.
‘‘(2) A former spouse eligible for coverage under paragraph
(1) may enroll in a health benefits plan in accordance with sub-
section (b)(1), except that the election for such enrollment must
be submitted within 60 days after the date on which the Director
notifies the former spouse of such individual’s eligibility for health
insurance coverage under this subsection.
‘‘(d) CONTINUATION
OF
ELIGIBILITY.—Notwithstanding sub-
sections (a), (b), and (c) and except as provided in subsections
(e) and (f), an individual divorced on or before December 4, 1991,
from a participant or retired participant in the Central Intelligence
Agency Retirement and Disability System or Federal Employees’
Retirement System Special Category who enrolled in a health
benefits plan following the dissolution of the marriage to such
participant may continue enrollment following the death of such
participant notwithstanding the termination of the retirement annu-
ity of such individual.’’.
(2) CONFORMING AMENDMENTS.—(A) Subsection (a) of such
section is amended by striking ‘‘subsection (c)(1)’’ and inserting
in lieu thereof ‘‘subsection (e)’’.
(B) Subsection (e)(2) of such section (as redesignated by
paragraph (1) of this section) is amended by inserting ‘‘or to
subsection (d)’’ after ‘‘subsection (b)(1)’’.
(d) SOURCE OF PAYMENT FOR ANNUITIES.—Annuities provided
under subsections (a) and (b) shall be payable from the Central
Intelligence Agency Retirement and Disability Fund maintained
under section 202 of the Central Intelligence Agency Retirement
Act (50 U.S.C. 2012).
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), sub-
sections (a) and (b) shall take effect as of October 1, 1994,
the amendments made by subsection (c) shall apply to individ-
uals on and after October 1, 1994, and no benefits provided
pursuant to those subsections shall be payable with respect
to any period before October 1, 1994.
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(2) Section 16(d) of the Central Intelligence Agency Act
of 1949 (as added by subsection (c) of this section) shall apply
to individuals beginning on the date of enactment of this Act.
SEC. 204. CROSS-REFERENCE CORRECTIONS TO REVISED CIARDS
STATUTE.
(a) ANNUAL INTELLIGENCE AUTHORIZATION ACTS.—Section 306
of the Intelligence Authorization Act, Fiscal Year 1990 (50 U.S.C.
403r–1) is amended by striking ‘‘section 303 of the Central Intel-
ligence Agency Retirement Act of 1964 for Certain Employees’’
and inserting in lieu thereof ‘‘section 303 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2153)’’.
(b) FOREIGN SERVICE ACT OF 1980.—The Foreign Service Act
of 1980 is amended—
(1) in section 853 (22 U.S.C. 4071b), by striking ‘‘title
II of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees’’ in subsection (c) and inserting in lieu
thereof ‘‘title II of the Central Intelligence Agency Retirement
Act (50 U.S.C. 2011 et seq.)’’;
(2) in section 854 (22 U.S.C. 4071c)—
(A) by striking ‘‘title II of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees’’
in subsection (a)(3) and inserting in lieu thereof ‘‘title II
of the Central Intelligence Agency Retirement Act (50
U.S.C. 2011 et seq.)’’; and
(B) by striking ‘‘title III of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees’’
in subsection (d) and inserting in lieu thereof ‘‘title III
of the Central Intelligence Agency Retirement Act (50
U.S.C. 2151 et seq.)’’; and
(3) in section 855 (22 U.S.C. 4071d), by striking ‘‘under
title II of the Central Intelligence Agency Retirement Act of
1964 for Certain Employees or under section 302(a) or 303(b)
of that Act’’ in subsection (b)(2)(A)(ii) and inserting in lieu
thereof ‘‘under title II of the Central Intelligence Agency Retire-
ment Act (50 U.S.C. 2011 et seq.) or under section 302(a)
or 303(b) of that Act (50 U.S.C. 2152(a), 2153(b))’’.
(c) INTERNAL REVENUE CODE OF 1986.—Section 3121(b)(5)(H)(i)
of the Internal Revenue Code of 1986 is amended by striking
‘‘section 307 of the Central Intelligence Agency Retirement Act
of 1964 for Certain Employees’’ and inserting in lieu thereof ‘‘section
307 of the Central Intelligence Agency Retirement Act (50 U.S.C.
2157)’’.
(d) SOCIAL SECURITY ACT.—Section 210(a)(5)(H)(i) of the Social
Security Act (42 U.S.C. 410(a)(5)(H)(i)) is amended by striking
‘‘section 307 of the Central Intelligence Agency Retirement Act
of 1964 for Certain Employees’’ and inserting in lieu thereof ‘‘section
307 of the Central Intelligence Agency Retirement Act (50 U.S.C.
2157)’’.
TITLE III—GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retire-
ment, and other benefits for Federal employees may be increased
H. R. 2330—11
by such additional or supplemental amounts as may be necessary
for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
laws of the United States.
SEC. 303. TEMPORARY PAY RETENTION FOR CERTAIN FBI EMPLOYEES.
(a) IN GENERAL.—Section 406 of the Federal Employees Pay
Comparability Act of 1990 (104 Stat. 1467) is amended to read
as follows:
‘‘SEC. 406. FBI NEW YORK FIELD DIVISION.
‘‘(a) The total pay of an employee of the Federal Bureau of
Investigation assigned to the New York Field Division before the
date of September 29, 1993, in a position covered by the demonstra-
tion project conducted under section 601 of the Intelligence
Authorization Act for Fiscal Year 1989 (Public Law 100–453) shall
not be reduced as a result of the termination of the demonstration
project during the period that employee remains employed after
that date in a position covered by the demonstration project.
‘‘(b) Beginning on September 30, 1993, any periodic payment
under section 601(a)(2) of the Intelligence Authorization Act for
Fiscal Year 1989 for any such employee shall be reduced by the
amount of any increase in basic pay under title 5, United States
Code, including the following provisions: an annual adjustment
under section 5303, locality-based comparability payment under
section 5304, initiation or increase in a special pay rate under
section 5305, promotion under section 5334, periodic step increase
under section 5335, merit increase under section 5404, or other
increase to basic pay under any provision of law.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as of September 30, 1993, and shall apply to
the pay of employees to whom the amendment applies that is
earned on or after that date.
SEC. 304. ANNUAL REPORT ON INTELLIGENCE COMMUNITY.
(a) ANNUAL DCI REPORT.—Title I of the National Security
Act of 1947 is amended by adding at the end the following new
section:
‘‘ANNUAL REPORT ON INTELLIGENCE COMMUNITY ACTIVITIES
‘‘SEC. 109. (a) IN GENERAL.—The Director of Central Intel-
ligence shall submit to Congress an annual report on the activities
of the intelligence community. The annual report under this section
shall be unclassified.
‘‘(b) MATTERS TO BE COVERED IN ANNUAL REPORT.—Each report
under this section shall describe—
‘‘(1) the activities of the intelligence community during
the preceding fiscal year, including significant successes and
failures that can be described in an unclassified manner; and
‘‘(2) the areas of the world and the issues that the Director
expects will require increased or unusual attention from the
intelligence community during the next fiscal year.
‘‘(c) TIME FOR SUBMISSION.—The report under this section for
any year shall be submitted at the same time that the President
H. R. 2330—12
submits the budget for the next fiscal year pursuant to section
1105 of title 31, United States Code.’’.
(b) CLERICAL AMENDMENT.—The table of contents in the first
section of such Act is amended by inserting after the item relating
to section 108 the following new item:
‘‘Sec. 109. Annual report on intelligence community activities.’’.
SEC. 305. SECURITY REVIEWS.
(a) FINDINGS.—The Congress finds that—
(1) the President directed the Director of the Information
Security Oversight Office to review Executive Order 12356
and other directives relating to the protection of national secu-
rity information and to report no later than November 30,
1993; and
(2) the Secretary of Defense and the Director of Central
Intelligence have established a joint security commission to
conduct a review of security practices and procedures at the
Department of Defense and the Central Intelligence Agency
and to report within 1 year of the establishment of the commis-
sion.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Director of Central Intelligence, the Secretary of
Defense, and the Director of the Information Security Oversight
Office should conduct the reviews referred to in subsection
(a) with maximum consultation with each other; and
(2) the results of these reviews should be incorporated
into a consolidated recommendation for the President.
SEC. 306. REPORT 
ON 
UNITED 
STATES 
EFFORTS 
TO 
COUNTER
TERRORISM.
(a) IN GENERAL.—The Secretary of State, the Attorney General
of the United States, and the Director of Central Intelligence shall
jointly submit to the Congress, not later than May 1, 1994, a
report on United States Government programs to counter terrorism.
(b) MATTERS TO BE COVERED IN REPORT.—The report required
by subsection (a) shall, at a minimum—
(1) identify Federal Government activities, programs and
assets which are being utilized or could be utilized to counter
terrorism;
(2) assess the processing, analysis, and distribution of intel-
ligence or terrorism and make recommendations for improve-
ment;
(3) make recommendations on appropriate national policies,
both preventive and reactive, to counter terrorism;
(4) assess the coordination among law enforcement, intel-
ligence, and defense agencies involved in counterterrorism
activities and make recommendations concerning how coordina-
tion can be improved; and
(5) assess whether there should be more centralized oper-
ational control over Federal Government activities, programs,
and assets utilized to counter terrorism, and, if so, make rec-
ommendations concerning how such control should be achieved.
SEC. 307. REPORT ON INTELLIGENCE GAPS.
(a) REPORT.—The Director of Central Intelligence and the Sec-
retary of Defense jointly shall prepare and submit by February
15, 1994, to the Select Committee on Intelligence, the Committee
H. R. 2330—13
on Armed Services, and the Committee on Appropriations of the
Senate, and to the Permanent Select Committee on Intelligence,
the Committee on Armed Services, and the Committee on Appro-
priations of the House of Representatives a report described in
subsection (b).
(b) CONTENTS OF REPORT.—The report required by subsection
(a) shall—
(1) identify and assess the critical gaps between the
information needs of the United States Government and intel-
ligence collection capabilities, to include the identification of
topics and areas of the world of significant interest to the
United States to which the application of additional resources,
technology, or other efforts would generate new information
of high priority to senior officials of the United States Govern-
ment;
(2) identify and assess gaps in the ability of the intelligence
community (as defined in section 3(4) of the National Security
Act of 1947) to provide intelligence support needed by the
Armed Forces of the United States and, in particular, by the
commanders of combatant commands established under section
161(a) of title 10, United States Code; and
(3) contain joint recommendations of the Director of Central
Intelligence and the Secretary of Defense on appropriate means,
to include specific budgetary adjustments, for reducing or
eliminating the gaps identified under paragraphs (1) and (2).
SEC. 308. INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central Intel-
ligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security
interests of the United States and consistent with the operational
and security concerns related to the conduct of intelligence activi-
ties, and where fiscally sound, should award contracts in a manner
that would maximize the procurement of products properly des-
ignated as having been made in the United States.
SEC. 309. AMENDMENT TO SECTION 307 OF THE NATIONAL SECURITY
ACT.
Section 307 of the National Security Act of 1947 is amended
by striking ‘‘provisions and purposes of this Act’’ and inserting
in lieu thereof ‘‘provisions and purposes of this Act (other than
the provisions and purposes of sections 102, 103, 104, 105 and
titles V, VI, and VII)’’.
SEC. 310. RATIFICATION OF FUNDING TRANSACTION.
Funds obligated or expended for the Accelerated Architecture
Acquisition Initiative of the Plan to Improve the Imagery Ground
Architecture based upon the notification to the appropriate commit-
tees of Congress by the Director of Central Intelligence dated
August 16, 1993, shall be deemed to have been specifically author-
ized by the Congress for purposes of section 504(a)(3) of the National
Security Act of 1947.
SEC. 311. NATIONAL SECURITY EDUCATION TRUST FUND.
(a) REDUCTION
OF AMOUNTS
IN TRUST FUND.—The amount
in the National Security Education Trust Fund established pursu-
ant to section 804 of Public Law 102–183 (50 U.S.C. 1904) in
excess of $120,000,000 that has not been appropriated from the
H. R. 2330—14
trust fund as of the date of enactment of this Act shall be trans-
ferred to the Treasury of the United States as miscellaneous
receipts.
(b) ANNUAL ASSESSMENT.—(1) Section 806 of such Public Law
(50 U.S.C. 1903) is amended by adding at the end the following
new subsection:
‘‘(d) CONSULTATION.—During the preparation of each report
required by subsection (a), the Secretary shall consult with the
members of the Board specified in paragraphs (1) through (7) of
section 803(b). Each such member shall submit to the Secretary
an assessment of their hiring needs in the areas of language and
area studies and a projection of the deficiencies in such areas.
The Secretary shall include all assessments in the report required
by subsection (a).’’.
(2) Section 802(a) of such Public Law (50 U.S.C. 1902(a)) is
amended—
(A) in paragraph (1)(A), by inserting before the semicolon
at the end the following: ‘‘in those language and study areas
where deficiencies exist (as identified in the assessments under-
taken pursuant to section 806(d))’’; and
(B) in paragraph (1)(B)(i), by inserting before the semicolon
at the end the following: ‘‘and in which deficiencies exist (as
identified in the assessments undertaken pursuant to section
806(d))’’.
(c) FUNDING FOR FISCAL YEARS 1993 THROUGH 1996.—Title
VIII of such Public Law (50 U.S.C. 1901 et seq.) is amended by
adding at the end the following:
‘‘SEC. 810. FUNDING.
‘‘(a) FISCAL YEARS 1993 AND 1994.—Amounts appropriated to
carry out this title for fiscal years 1993 and 1994 shall remain
available until expended.
‘‘(b) FISCAL YEARS 1995 AND 1996.—There is authorized to
be appropriated from, and may be obligated from, the Fund for
each of the fiscal years 1995 and 1996 not more than the amount
credited to the Fund in interest only for the preceding fiscal year
under section 804(e).’’.
(d) TECHNICAL CORRECTION.—Section 802(a)(1)(A) of such Pub-
lic Law (50 U.S.C. 1902(a)(1)(A)) is amended by striking the comma
after ‘‘term,’’.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
SEC. 401. SUPPORT FOR SCIENCE, MATHEMATICS, AND ENGINEERING
EDUCATION.
(a) GENERAL AUTHORITY.—In recognition of the importance of
science, mathematics, and engineering to the national security and
in order to encourage students to pursue studies in science, mathe-
matics, and engineering, the Director of Central Intelligence may
carry out a program in fiscal years 1994 and 1995 to award cash
prizes and visits to the Central Intelligence Agency (including the
payment of costs associated with such visits) for students who
participate in high school science fairs within the United States.
(b) MERIT.—Awards made under subsection (a) shall be made
solely on the basis of merit.