Intelligence Authorization Act, Fiscal Year 1990
PL 101-193 (H.R.2748), enacted 11/30/1989

PUBLIC LAW 101-193—NOV. 30, 1989 
103 STAT. 1701 
Public Law 101-193 
101st Congress 
An Act 
To authorize appropriations for fiscal year 1990 for intelligence and intelligence-
related activities of the United States Government, the Intelligence Community 
Staff, and the Central Intelligence Agency Retirement and Disability System, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act may 
be cited as the "IntelUgence Authorization Act, Fiscal Year 1990". 
TITLE I—INTELLIGENCE ACTIVITIES 
Nov. 30, 1989 
[H.R. 2748] 
Intelligence 
Authorization 
Act, Fiscal Year 
1990. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 101. Funds are hereby authorized to be appropriated for fiscal 
year 1990 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 Department of the Army, the Department of the 
Navy, and the Department of the Air Force. 
(6) The Department of State. 
(7) The Department of the Treasury. 
(8) The Department of Energy. 
(9) The Federal Bureau of Investigation. 
(10) The Drug Enforcement Administration. 
CLASSIFIED SCHEDULE OF AUTHORIZATIONS 
SEC. 102. The amounts authorized to be appropriated under sec-
tion 101, and the authorized personnel ceilings as of September 30, 
1990, 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 by the Commit-
tee of Conference to accompany H.R. 2748 of the One Hundred First 
Congress. That Schedule of Authorizations shall be made available 
to the Committee on Appropriations of the Senate and House 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. 
PERSONNEL CEIUNG ADJUSTMENTS 
SEC. 103. The Director of Central Intelligence may authorize 
employment of civilian personnel in excess of the numbers au-
thorized for fiscal year 1990 under sections 102 and 202 of this Act 
when he determines that such action is necessary to the perform-
ance of important intelligence functions, except that such number 
President of U.S. 
103 STAT. 1702 
PUBLIC LAW 101-193—NOV. 30, 1989 
may not, for any element of the intelligence community, exceed 2 
percent of the number of civilian personnel authorized under such 
sections for such element. The Director of Central Intelligence shall 
promptly notify the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on Intel-
ligence of the Senate whenever^he exercises the authority granted 
by this section. 
RESTRICTION Gl^JSUPPORT FOR MIUTARY OR PARAMILITARY OPERATIONS 
IN NICARAGUA 
SEC. 104. Funds available to the Central Intelligence Agency, the 
Department of Defense, or any other agency or entity of the United 
States may be obligated and expended during fiscal year 1990 to 
provide funds, materiel, or other assistance to the Nicaraguan 
democratic resistance to support military or paramilitary operations 
in Nicaragua only as authorized in section 101 and as specified in 
the classified Schedule of Authorizations referred to in section 102, 
or pursuant to section 502 of the National Security Act of 1947, or 
pursuant to any provision of law specifically providing such funds, 
materiel, or assistance. 
TITLE II—INTELLIGENCE COMMUNITY STAFF 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 201. There is authorized to be appropriated for the Intel-
ligence Community Staff for fiscal year 1990 the sum of $26,900,000. 
AUTHORIZATION OF PERSONNEL END STRENGTH 
SEC. 202. (a) The Intelligence Community Staff is authorized 240 
full-time personnel as of September 30, 1990. Such personnel of the 
Intelligence Community Staff may be permanent employees of the 
Intelligence Community Staff or personnel detailed from other 
elements of the United States Government. 
(b) During fiscal year 1990, personnel of the Intelligence 
Community Staff shall be selected so as to provide appropriate 
representation from elements of the United States Government 
engaged in intelligence and intelligence-related activities. 
(c) During fiscal year 1990, any officer or employee of the United 
States or a member of the Armed Forces who is detailed to the 
Intelligence Community 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. 
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS 
CENTRAL INTELLIGENCE AGENCY 
SEC. 203. During fiscal year 1990, activities and personnel of the 
Intelligence Community Staff shall be suWect to the provisions of 
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in 
the same manner as activities and personnel of the Central Intel-
ligence Agency. 
PUBLIC LAW 101-193—NOV. 30, 1989 
103 STAT. 1703 
TITLE III—CENTRAL INTELLIGENCE AGENCY RETIREMENT 
AND DISABILITY SYSTEM AND RELATED PROVISIONS 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 301. There is authorized to be appropriated for the Central 
Intelligence Agency Retirement and Disability Fund for fiscal year 
1990 the sum of $154,900,000. 
EUGIBILITY FOR ANNUITY 
SEC. 302. The Central Intelligence Agency Retirement Act of 1964 
for Certain Employees is amended— 
(1) by redesignating section 236 as section 237; and 
50 use 403 note. 
(2) by inserting after section 235 the following new section: 
"ELIGIBIUTY FOR ANNUITY 
"SEC. 236. A participant must complete, within the last two years 
before any separation from service, except a separation because of 
death or disability, at least one year of creditable civilian service 
during which he or she is subject to this title before he or she or his 
or her survivors are eligible for an annuity under this title based on 
the separation. If a participant, except a participant separated from 
the service because of death or disability, fails to meet the service 
requirement of the preceding sentence, the amounts deducted from 
his or her pay during the period for which no eligibility is estab-
lished based on the separation shall be returned to him or her on the 
separation. Failure to meet this service requirement does not de-
prive the individual or his or her survivors of annuity rights which 
attached on a previous separation.". 
PRECEDENCE OF SECTION 224 SURVIVOR BENEFITS OVER SECTION 232 
DEATH-IN-SERVICE BENEFITS 
SEC 303. Section 23203) of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees is amended— 
50 USC 403 note. 
(1) by adding at the end of paragraph (1) thereof the following 
new sentence: "Payment of death-in-service benefits for former 
spouses is also subject to paragraph (4) of this subsection."; and 
(2) by adding after paragraph (3) thereof the following: 
"(4) If a former spouse eligible for death-in-service benefits under 
provisions of this section is or becomes eligible for survivor benefits 
under section 224, the benefits provided under this section will not 
be payable and will be superseded by the benefits provided in section 
224.". 
COMPUTATION OF SURVIVOR BENEFIT FOR FORMER SPOUSES 
SEC. 304. (a) Section 224(a)(2) of the Central Intelligence Agency 
Retirement Act of 1964 for Certain Employees is amended by strik- 
50 USC 403 note, 
ing out "and also by an amount" and all that follows through "by 
the United States". 
(h) The amendment made by this section shall be effective as of Effective date. 
October 1, 1986. 
^^ USC 403 note. 
103 STAT. 1704 
PUBLIC LAW 101-193—NOV. 30, 1989 
SPECIAL ANNUITY COMPUTATION RULES FOR CERTAIN CIA EMPLOYEES* 
SERVICE ABROAD 
SEC. 305. The Central Intelligence Agency Act of 1949 (50 U.S.C. 
403a et seq.) is amended by adding at the end the following new 
section: 
"SPECIAL ANNUITY COMPUTATION RULES FOR CERTAIN EMPLOYEES' 
SERVICE ABROAD 
50 use 403r. 
"SEC. 18. (a) Notwithstanding any provision of chapter 83 of title 5, 
United States Code, the annuity under subchapter III of such chap-
ter of an officer or employee of the Central Intelligence Agency who 
retires on or after October 1, 1989, is not designated under section 
«:' 
203 of the Central Intelligence Agency Retirement Act of 1964 for 
Certain Employees, and has served abroad as an officer or employee 
of the Agency on or after January 1, 1987, shall be computed as 
provided in subsection (b). 
"G))(l) The portion of the annuity relating to such service abroad 
that is actually performed at any time during the officer's or 
employee's first ten years of total service shall be computed at the 
rate and using the percent of average pay specified in section 
8339(a)(3) of title 5, United States Code, that is normally applicable 
only to so much of an employee's total service as exceeds ten years. 
"(2) The portion of the annuity relating to service abroad as 
described in subsection (a) but that is actually performed at any 
time after the officer's or employee's first ten years of total service 
shall be computed as provided in section 8339(a)(3) of title 5, United 
States Code; but, in addition, the officer or employee shall be 
deemed for annuity computation purposes to have actually per-
formed an equivalent period of service abroad during his or her first 
ten years of total service, and in calculating the portion of the 
officer's or employee's annuity for his or her first ten years of total 
service, the computation rate and percent of average pay specified in 
paragraph (1) shall also be applied to the period of such deemed or 
equivalent service abroad. 
"(3) The portion of the annuity relating to other service by an 
* 
* 
officer or employee as described in subsection (a) shall be computed 
as provided in the provisions of section 8339(a) of title 5, United 
States Code, that would otherwise be applicable to such service. 
"(4) For purposes of this subsection, the term 'total service' has 
the meaning given such term under chapter 83 of title 5, United 
States Code. 
"(c) For purposes of subsections (f) through (m) of section 8339 of 
title 5, United States Code, an annuity computed under this section 
shall be deemed to be an annuity computed under subsections (a) 
V 
and (o) of section 8339 of title 5, United States Code. 
"(d) The provisions of subsection (a) of this section shall not apply 
to an officer or employee of the Central Intelligence Agency who 
would otherwise be entitled to a greater annuity computed under an 
otherwise applicable subsection of section 8339 of title 5, United 
'• 
' 
States Code.^'. 
PORTABILITY OF OVERSEAS SERVICE RETIREMENT BENEFIT 
50 use 403r-l. 
SEC. 306. The special accrual rates provided by section 303 of the 
Central Intelligence Agency Retirement Act of 1964 for Certain 
Employees and by section 18 of the Central Intelligence Agency Act 
PUBLIC LAW 101-193—NOV. 30, 1989 
103 STAT. 1705 
of 1949 for computation of the annuity of an individual who has 
served abroad as an officer or employee of the Central Intelligence 
Agency shall be used to compute that portion of the annuity of such 
individual relating to such service abroad whether or not the 
individual is employed by the Central Intelligence Agency at the 
time of retirement from Federal service. 
DISABIUTY RETIREMENT AND DEATH-IN-SERVICE BENEFITS 
SEC. 307. (a) The Central Intelligence Agency Act of 1949, as 
amended (50 U.S.C. 403a et seq.), is amended by adding after 
section 18 the following new section: 
"SPECIAL RULES FOR DISABILITY RETIREMENT AND DEATH-IN-SERVICE 
BENEFITS WITH RESPECT TO CERTAIN EMPLOYEES 
"SEC. 19. (a) Notwithstanding any other provision of law, an 
50 use 403s. 
officer or employee of the Central Intelligence Agency subject to 
retirement system coverage under subchapter III of chapter 83 of 
title 5, United States Code, who— 
"(i) has five years of civilian service credit toward retirement 
under such subchapter III of chapter 83, title 5, United States 
Code; 
"(ii) has not been designated under section 203 of the Central 
Intelligence Agency Retirement Act of 1964 for Certain Employ-
ees, as amended (50 U.S.C. 403 note), as a participant in the 
Central Intelligence Agency Retirement and Disability System; 
"(iii) has become disabled during a period of assignment to the 
performance of duties that are qualifying toward such designa-
tion under section 203; and 
"(iv) satisfies the requirements for disability retirement under 
section 8337 of title 5, United States Code— 
shall, upon his own application or upon order of the Director, be 
retired on an annuity computed in accordance with the rules pre-
scribed in such section 231, in lieu of an annuity computed as 
provided by section 8337 of title 5, United States Code. 
"(b) Notwithstanding any other provision of law, in the case of an 
officer or employee of the Central Intelligence Agency subject to 
retirement system coverage under subchapter III of chapter 83, 
title 5, United States Code, who— 
"(i) has at least eighteen months of civilian service credit 
toward retirement under such subchapter III of chapter 83, 
title 5, United States (Dode; 
"(ii) has not been designated under section 203 of the (Dentral 
Intelligence Agency Retirement Act of 1964 for Clertain Employ-
ees, as amended (50 U.S.C. 403 note), as a participant in the 
Central Intelligence Agency Retirement and Disability System; 
"(iii) prior to separation or retirement from the Agency, dies 
during a period of assignment to the performance of duties that 
are qualifying toward such designation under such section 203; 
and 
"(iv) is survived by a widow or widower, former spouse, and/ 
or a child or children £is defined in section 204 and section 232 of 
the (Central Intelligence Agency Retirement Act of 1964 for 
Certain Employees, who would otherwise be entitled to an 
annuity under section 8341 of title 5, United States Code— 
103 STAT. 1706 
PUBLIC LAW 101-193—NOV. 30, 1989 
such widow or widower, former spouse, and/or child or children of 
such officer or employee shall be entitled to an annuity computed in 
accordance with such section 232, in lieu of an annuity computed in 
accordance with section 8341 of title 5, United States Code. 
"(c) Notwithstanding any other provision of law, an officer or 
employee of the Central Intelligence Agency subject to retirement 
system coverage under chapter 84 of title 5, United States Code, 
who— 
"(i) has completed at least eighteen months of civilian service 
creditable under section 8411 of title 5, United States Code; 
"(ii) has not been designated pursuant to section 302(a) of the 
Central Intelligence Agency Retirement Act of 1964 for Certain 
Employees, as amended (50 U.S.C. 403 note); 
"(iii) has become disabled during a period of assignment to the 
performance of duties that are qualifying toward such designa-
tion pursuant to such section; and 
"(iv) satisfies the requirements for disability retirement under 
subchapter V of chapter 84, title 5, United States Code— 
shall, on the officer's or employee's own application or an applica-
tion by the Director, be retired on an annuity computed as if the 
officer or employee, prior to becoming disabled, had been desimated 
pursuant to section 302(a) of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 
note), in lieu of the annuity amount that would otherwise be com-
puted under subchapter V of chapter 84 of title 5, United States 
Code. 
"(d) Notwithstanding any other provision of law, in the case of an 
officer or employee of the Central Intelligence Agency subject to 
retirement system coverage under chapter 84 of title 5, United 
States Code, who— 
"(i) has at least eighteen months of civilian service creditable 
under section 8411 of title 5, United States Code; 
"(ii) has not been designated pursuant to section 302(a) of the 
Central Intelligence Agency Retirement Act of 1964 for Certain 
Employees, as amended (50 U.S.C. 403 note); 
"(iii) prior to separation or retirement from the Agency, dies 
during a period of assignment to the performance of duties that 
are qualifying toward such designation pursuant to such 
section; and 
"(iv) is survived by a widow or widower, former spouse, and/ 
or child or children as defined in section 8441 of title 5, United 
States Code, who would be entitled to a lump-sum survivor 
benefit, a survivor annuity and/or if applicable, a supple-
mentary annuity, under subchapter IV of chapter 84, title 5, 
United States Code— 
the survivor benefit or benefits of such widow or widower, former 
spouse, and/or child or children shall be computed as if the officer 
or employee, prior to death, had been designated pursuant to section 
: 302(a) of the Central Intelligence Agency Retirement Act of 1964 for 
Certain Employees, as amended (50 U.S.C. 403 note), in lieu of the 
benefit amount or amounts that would otherwise be computed 
pursuant to subchapter IV of chapter 84, title 5, United States Code. 
"(e)(1) The annuities provided under subsections (a) and O
t
>
) of this 
section shall be deemed to be annuities under chapter 83 of title 5, 
United States Code, for purposes of the other provisions of such 
chapter and other laws (including the Internal Revenue Code of 
1986) relating to such annuities, and shall be payable from the 
PUBLIC LAW 101-193—NOV. 30, 1989 
103 STAT. 1707 
Central Intelligence Agency Retirement and Disability Fund estab-
lished by section 202 of the Central Intelligence Agency Retirement 
Act of 1964 for Certain Employees. 
"(2) The annuities and/or other benefits provided under subsec-
tions (c) and (d) of this section shall be deemed to be annuities and/ 
or benefits under chapter 84 of title 5, United States Code, for 
purposes of the other provisions of such chapter and other laws 
(including the Internal Revenue Code of 1986) relating to such 
annuities and/or benefits, but shall be payable from the Central 
Intelligence Agency Retirement and Disability Fund established by 
section 202 of the Central Intelligence Agency Retirement Act of 
1964 for Certain Employees.". 
: 
Qo) The Central Intelligence Agency Retirement Act of 1964 for 
Certain Employees is amended by adding at the end of title II the 
following new section: 
"PAYMENTS FROM CIARDS FUND FOR PORTIONS OF CERTAIN CIVIL 
SERVICE RETIREMENT SYSTEM ANNUITIES 
"SEC. 295. Notwithstanding any other provision of law, the 
50 USC 403 note. 
amount of the increase in any annuity that results from the applica-
tion of section 18 of the Central Intelligence Agency Act of 1949, if 
and when such increase is based on an individual's overseas service 
as an employee of the Central Intelligence Agency, shall be paid 
from the fund.". 
TITLE IV—CENTRAL INTELLIGENCE AGENCY 
ADMINISTRATIVE PROVISIONS 
REMOTE SENSING PROCUREMENT AUTHORITY 
SEC. 401. In the performance of its functions, the Central Intel-
ligence Agency may use its funds to procure commercial remote 
sensing data by whatever means the Agency deems to be appro-
priate notwithstanding any provision of Taw directing the procure-
ment of such data through other Government agencies. 
TITLE V—IMPROVEMENTS TO PERSONNEL AUTHORITIES 
FOR INTELLIGENCE COMPONENTS OF THE DEPARTMENT 
OF DEFENSE 
SPECIAL PAY FOR FOREIGN LANGUAGE PROFICIENCY 
SEC. 501. (aXD Chapter 81 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
"§ 1592. Foreign language proficiency: special pay 
"(a) The Secretary of Defense may pay special pay under this 
section to a civilian officer or employee of the Department of 
Defense who— 
"(1) has been certified as being proficient in a foreign lan-
guage identified by the Secretary of Defense as being a language 
in which proficiency by civilian personnel of the Department is 
important for the effective collection, production, or dissemina-
tion of foreign intelligence information; and 
"(2) is serving in a position, or is subject to assignment to a 
position, in which proficiency in that language facilitates 
103 STAT. 1708 
PUBLIC LAW 101-193—NOV. 30, 1989 
Effectiye date. 
50 u s e 1592 
note. 
performance of officially assigned intelligence or intelligence-
related duties. 
"(b) The annual rate of special pay under subsection (a) shall be 
determined by the Secretary of Defense. 
"(c) Special pay under this section may be paid in addition to any 
compensation authorized under section 1604(b) of this title for which 
an officer or employee is eligible.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the following new item: 
"1592. Foreign language proficiency: special pay.". 
(b) Section 1592 of title 10, United States Code, as added by 
subsection (a), shall take effect on the first day of the first pay period 
beginning on or after the later of— 
(1) October 1, 1989, or 
. 
,, 
(2) the date of the enactment of this Act. 
DEFENSE INTELLIGENCE COLLEGE GIFT ACCEPTANCE AUTHORITY 
SEC. 502. (a) Chapter 155 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
Real property. 
"§ 2607. Acceptance of gifts for the Defense Intelligence College 
"(a) The Secretary of Defense may accept, hold, administer, and 
use any gift (including any gift of an interest in real property) made 
for the purpose of aiding and facilitating the work of the Defense 
Intelligence College and may pay all necessary expenses in connec-
tion with the acceptance of such a gift. 
"(b) Money, and proceeds from the sale of property, received as a 
gift under subsection (a) shall be deposited in the Treasury and shall 
be available for disbursement upon the order of the Secretary of 
Defense to the extent provided in annual appropriation Acts. 
"(c) Subsection (c) of section 2601 of this title applies to property 
that is accepted under subsection (a) in the same manner that sucn 
subsection applies to property that is accepted under subsection (a) 
of that section. 
"(d) In this section, the term 'gift' includes a bequest of personal 
property or a devise of real property.". 
(b) The table of sections at the beginning of that chapter is 
amended by adding at the end thereof the following new item: 
"2607. Acceptance of gifts for the Defense Intelligence College.". 
PERMANENT AUTHORITY TO TERMINATE EMPLOYMENT OF CIVILIAN IN-
TELLIGENCE OFFICERS AND EMPLOYEES OF MILITARY DEPARTMENTS 
AND OF THE DEFENSE INTELLIGENCE AGENCY 
SEC. 503. (a) Section 1590(e)(1) of title 10, United States Code, is 
amended by striking out ", during fiscal years 1988 and 1989,". 
Oa) Section 1604(eXl) of such title is amended by striking out 
", during fiscal years 1988 and 1989,". 
DEFENSE ATTACHfe DEATH GRATUITY 
\ 
Armed Forces. 
SEC. 504. (a) During fiscal year 1990, the Secretary of Defense may 
Terrorism. 
pgy a death gratuity identical to that payable under section 1489(b) 
of title 10, United States Code, to the surviving dependents of a 
member of the Armed Forces who, while serving on active duty 
PUBLIC LAW 101-193—NOV. 30, 1989 
103 STAT. 1709 
assigned to a Defense attache office outside the United States, died 
as a result of hostile or terrorist activities. 
(b) The death gratuity referred to in subsection (a) may be paid 
with respect to an individual who died on or after June 15, 1988. 
(c) The Secretary of Defense shall submit to Congress no later 
than March 1, 1990, a report concerning the advisabUity of perma-
nent law permitting the pa3rment of death gratuities to the survivors 
of any member of the armed services who, while on active duty 
assigned to a Defense attach^ office outside the United States, dies 
as a result of hostile or terrorist activities. 
Reports. 
SPECIAL ANNUITY COMPUTATION RULES FOR PERIODS OF SERVICE 
ABROAD FOR CERTAIN DIA AND NBA EMPLOYEES 
SEC. 505. (a) Section 1605(a) of title 10, United States Code, is 
amended— 
(1) by striking out "who are subject to chapter 84 of title 5," in 
the last sentence; and 
(2) by striking out the period at the end and inserting in lieu 
thereof "and in section 18 of the Central Intelligence Agency 
Act of 1949.". 
(b) Section 9(b) of the National Security Agency Act of 1959 (60 
U.S.C. 402 note) is amended— 
(1) in paragraph dXB), by striking "(including special" and all 
that follows through "note)); and" and inserting in lieu thereof 
a semicolon; 
(2) by striking the period at the end of paragraph (2) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end the following new paragraph: 
* 
"(3) special retirement accrual in the same manner provided 
in section 303 of the (Dentral Intell^ence Agency Retirement 
Act of 1964 for Certain Employees (50 U.S.C. 403 note) and in 
section 18 of the Central Intelligence Agency Act of 1949.". 
REQUIREMENTS FOR CITIZENSHIP FOR STAFF OF UNITED STATES ARMY 
RUSSIAN INSTITUTE 
SEC 506. (a) For purposes of section 319(c) of the Immigration and 
Nationality Act (8 U.S.C. 1430(c)), the United States Army Russian 
Institute, located in Garmisch, Federal Republic of Germany, shall 
be considered to be an organization described in clause (1) of this 
section. 
(b) Subsection (a) shall apply with respect to periods of employ-
ment before, on, or after the date of the enactment of this Act. 
(c) No more than two persons per year may be naturalized based 
on the provisions of subsection (a). 
(d) Each instance of naturalization based on the provisions of 
subsection (a) shall be reported to the Committees on the Judiciary 
of the Senate and House of Representatives and to the Select 
Committee on Intelligence of the Senate and the Permanent Select 
CJommittee on Intelligence of the House of Representatives prior to 
such naturalization. 
8 u s e 1430 note. 
Effective date. 
Naturalized 
persons. 
Reports. 
DEFENSE INTELLIGENCE AGENCY ACQUISITION OF CRITICAL SKILLS 
SEC. 507. (aXD Chapter 83 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
103 STAT. 1710 
PUBLIC LAW 101-193—NOV. 30, 1989 
Education. 
Effective date. 
10 u s e 1608 
note. 
"§ 1608. Financial assistance to certain employees in acquisition of 
critical skills 
"(a) The Secretary of Defense shall establish an undergraduate 
training program with respect to civilian employees of the Defense 
Intelligence Agency that is similar in purpose, conditions, content, 
and administration to the program which the Secretary of Defense 
is authorized to establish under section 16 of the National Security 
Agency Act of 1959 (50 U.S.C. 402 note) for civilian employees of the 
National Security Agency. 
"(b) Any payments made by the Secretary to carry out the pro-
gram required to be established by subsection (a) may be made in 
any fiscal year only to the extent that appropriated funds are 
available for that purpose.". 
(2) The table of sections at the beginning of that chapter is 
amended by adding at the end thereof the following new item: 
"1608. Financial assistance to certain employees in acquisition of critical skills.". 
(b) Section 1608 of title 10, United States Code, as added by 
subsection (a), shall take effect on the date of enactment of this Act. 
TITLE VI—FBI NEW YORK FIELD DIVISION 
DEMONSTRATION PROJECT 
FBI NEW YORK FIELD DIVISION DEMONSTRATION PROJECT 
SEC. 601. (a) Section 601(a)(2) of the Intelligence Authorization Act, 
102 Stat. 1911. 
Fiscal Year 1989 is amended by striking out "who are subject by 
policy and practice to directed geographical transfer or reassign-
ment". 
Effective date. 
(b) The amendment made by subsection (a) shall take effect on 
October 1,1989. 
President of U.S. 
(c) In preparing for submission to the Congress the Budget of the 
United States for Fiscal Year 1991, the President shall take into 
account and, to the greatest extent possible, incorporate into such 
budget the recommendations of the National Advisory Commission 
on Law Enforcement as established by section 6160 of the Anti-Drug 
Abuse Act of 1988. 
28 u s e 533 note. 
Reports. 
PERSONNEL CEIUNG ON UNITED STATES AND SOVIET MISSIONS 
SEC. 602. It is the sense of the Congress that the ceiling on 
permanent positions at the United States Mission to the Soviet 
Union and the Soviet Mission to the United States should not be 
increased unless— 
(a) the President determines that such increase is essential to 
the effective functioning of the United States Mission to the 
Soviet Union; and 
(b) the FBI is provided sufficient additional resources to fulfill 
- 
its responsibilities resulting from the increased number of 
permanent positions at the Soviet Mission to the United States. 
FBI INVESTIGATIONS OF ESPIONAGE BY PERSONS EMPLOYED BY OR 
ASSIGNED TO UNITED STATES DIPLOMATIC MISSIONS ABROAD 
SEC. 603. Subject to the authority of the Attorney General, the FBI 
shall supervise the conduct of all investigations of violations of the 
espionage laws of the United States by persons employed by or 
assigned to United States diplomatic missions abroad. AH depart-
PUBLIC LAW 101-193—NOV. 30, 1989 
103 STAT. 1711 
ments and agencies shall report immediately to the FBI any 
information concerning such a violation. All departments and agen-
cies shgdl provide appropriate assistance to the FBI in the conduct of 
such investigations. Nothing in this provision shall be construed as 
establishing a defense to any criminal, civil, or administrative 
action. 
TITLE VII—GENERAL PROVISIONS 
INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
LAW 
SEC. 701. Appropriations authorized by this Act for salary, pay, 
retirement, and other benefits for Federal employees may be in-
creased by such additional or supplemental amounts as may be 
necessary for increases in such compensation or benefits authorized 
by law. 
RESTRICTION ON CONDUCT OF INTELUGENCE ACTIVITIES 
SEC. 702. 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. 
PRESIDENTIAL REPORT ON COORDINATION OF DRUG INTELLIGENCE 
ACTIVITIES 
SEC. 703. Not later than April 1, 1990, the President shall submit 
to Congress a report describing how intelligence activities relating 
to narcotics trafficking can be integrated, including coordinating the 
collection and analysis of intelligence information, ensuring the 
dissemination of relevant intelligence information to officials with 
responsibility for narcotics policy and to agencies of the United 
States Government responsible for interdiction, eradication, law 
enforcement, and other counternarcotics activities, and coordinating 
and controlling all counternarcotics intelligence activities, 
TITLE VIII—INSPECTOR GENERAL FOR CENTRAL 
INTELLIGENCE AGENCY 
INSPECTOR 
GENERAL 
FOR 
CENTRAL 
INTELUGENCE 
AGENCY 
SEC. 801. Section 17 of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q) is amended to read £is follows: 
"SEC. 
17. 
INSPECTOR 
GENERAL 
FOR 
THE 
AGENCY. 
"(a) PURPOSE; ESTABLISHMENT.—In order to— 
"(1) create an objective and effective office, appropriately 
accountable to Congress, to initiate and conduct independently 
inspections, investigations, and audits relating to programs and 
operations of the Agency; 
"(2) provide leadership and recommend policies designed to 
promote economy, efficiency, and effectiveness in the adminis-
tration of such programs and operations, and detect fraud and 
abuse in such programs and operations; 
"(3) provide a means for keeping the Director fully and 
currently informed about problems and deficiencies relating to 
103 STAT. 1712 
PUBLIC LAW 101-193—NOV. 30, 1989 
Reports. 
Classified 
information 
the administration of such programs and operations, and the 
necessity for and the progress of corrective actions; and 
"(4) in the manner prescribed by this section, ensure that the 
Senate Select Committee on Intelligence and the House Perma-
nent Select Committee on Intelligence (hereafter in this section 
referred to collectively as the 'intelligence committees') are kept 
similarly informed of significant problems and deficiencies as 
well as the necessity for and the progress of corrective actions, 
there is hereby established in the Agency an Office of Inspector 
General (hereafter in this section referred to as the 'Office'). 
President of U.S. 
"(b) APPOINTMENT; SUPERVISION; REMoyAL.--(l) There shall be at 
the head of the Office ein Inspector General who shall be appointed 
by the President, by and with the advice and consent of the Senate. 
This appointment shall be made without regard to political affili-
ation and shall be solely on the basis of integrity, compliance with 
the security standards of the Agency, and prior experience in the 
field of foreign intelligence. Such appointment shall also be made on 
the basis of demonstrated ability in accounting, financial analysis, 
law, management analysis, or public administration. 
"(2) The Inspector General shall report directly to and be under 
the general supervision of the Director. 
"(3) The Director may prohibit the Inspector General from initiat-
ing, carrying out, or completing any audit, inspection, or investiga-
tion if the Director determines that such prohibition is necessary to 
protect vital national security interests of the United States. 
"(4) If the Director exercises any power under paragraph (3), he 
shall submit an appropriately clcissified statement of the reasons for 
the exercise of such power within seven days to the intelligence 
r 
committees. The Director shall advise the Inspector General at the 
time such report is submitted, and, to the extent consistent with the 
protection of intelligence sources and methods, provide the Inspec-
tor General with a copy of any such report. In such cases, the 
Inspector General may submit such comments to the intelligence 
committees that he considers appropriate. 
Reports. 
"(5) In accordance with section 535 of title 28, United States Code, 
the Director shall report to the Attorney General any information, 
allegation, or complaint received from the Inspector General, relat-
ing to violations of Federal criminal law involving any officer or 
employee of the Agency, consistent with such guidelines as may be 
issued by the Attorney General pursuant to subsection (b)(2) of 
such section. A copy of all such reports shall be furnished to the 
Inspector General. 
President of U.S. 
"(6) The Inspector General may be removed from office only by 
the President. The President shall immediately communicate in 
writing to the intelligence committees the reasons for any such 
removal. 
"(c) DUTIES AND RESPONSIBILITIES,—It shall be the duty and 
responsibility of the Inspector General appointed under this 
section— 
"(1) to provide policy direction for, and to conduct, supervise, 
and coordinate independently, the inspections, investigations, 
and audits relating to the programs and operations of the 
Agency to ensure they are conducted efficiently and in accord-
ance with applicable law and regulations; 
"(2) to keep the Director fully and currently informed 
concerning violations of law and regulations, fraud and other 
PUBLIC LAW 101-193—NOV. 30, 1989 
103 STAT. 1713 
serious problems, abuses and deficiencies that may occur in 
such programs and operations, and to report the progress made 
in implementing corrective action; 
"(3) to take due regard for the protection of intelligence 
sources and methods in the preparation of all reports issued by 
the Office, and, to the extent consistent with the purpose and 
objective of such reports, take such measures as may be appro-
priate to minimize the disclosure of intelligence sources and 
methods described in such reports; and 
"(4) in the execution of his responsibilities, to comply with 
generally accepted government auditing standards. 
"(d) SEMIANNUAL REPORTS; IMMEDIATE REPORTS OP SERIOUS OR 
Classified 
FLAGRANT PROBLEMS; REPORTS OF FUNCTIONAL PROBLEMS.—(1) The 
information. 
Inspector General shall, not later than June 30 and December 31 of 
each year, prepare and submit to the Director of Central Intel-
ligence a classified semiannual report summarizing the activities of 
the Office during the immediately preceding six-month period. 
Within thirty days, the Director shall transmit such reports to the 
intelligence committees with any comments he may deem appro-
priate. Such reports shall, at a minimum, include a list of the title or 
subject of each inspection, investigation, or audit conducted during 
the reporting period and— 
"(A) a description of significant problems, abuses, and defi-
ciencies relating to the administration of programs and 
operations of the Agency identified by the Office during the 
reporting period; 
"(B) a description of the recommendations for corrective 
action made by the Office during the reporting period with 
respect to significant problems, abuses, or deficiencies identified 
in subparagraph (A); 
"(C) a statement of whether corrective action has been com-
pleted on each significant recommendation described in pre-
vious semiannual reports, and, in a case where corrective action 
has been completed, a description of such corrective action; 
"(D) a certification that the Inspector (Jeneral has had full 
and direct access to all information relevant to the performance 
of his functions; 
"(E) a description of all cases occurring during the reporting 
period where the Inspector General could not obtain documen-
tary evidence relevant to any inspection, audit, or investigation 
due to his lack of authority to subpoena such information; and 
"(F) such recommendations as the Inspector General may 
wish to make concerning legislation to promote economy and 
efficiency in the administration of programs and operations 
undertaken by the Agency, and to detect and eliminate fraud 
and abuse in such programs and operations. 
"(2) The Inspector General shall report immediately to the Direc-
tor whenever he becomes aware of particularly serious or flagrant 
problems, abuses, or deficiencies relating to the administration of 
programs or operations. The Director shall transmit such report to 
the intelligence committees within seven calendar days, together 
with any comments he considers appropriate. 
"(3) In the event that— 
"(A) the Inspector General is unable to resolve any differences 
with the Director affecting the execution of the Inspector Gen-
eral's duties or responsibilities; 
103 STAT. 1714 
PUBLIC LAW 101-193—NOV. 30, 1989 
Contracts. 
Records. 
Law 
enforcement 
and crime. 
Fraud. 
Safety. 
(B) an investigation, inspection, or audit carried out by the 
Inspector General should focus upon the Director or Acting 
Director; or 
"(C) the Inspector General, after exhausting all possible alter-
natives, is unable to obtain significant documentary informa-
tion in the course of an investigation, the Inspector General 
shall immediately report such matter to the intelligence 
committees. 
"(4) Pursuant to Title V of the National Security Act of 1947, the 
Director shall submit to the intelligence committees any report of 
an inspection, investigation, or audit conducted by the office which 
has been requested by the Chairman or Ranking Minority Member 
of either committee. 
"(e) AUTHORITIES OF THE INSPECTOR GENERAL.—(1) The Inspector 
General shall have direct and prompt access to the Director when 
necessary for any purpose pertaining to the performance of his 
duties. 
"(2) The Inspector General shall have access to any employee or 
any employee of a contractor of the Agency whose testimony is 
needed for the performance of his duties. In addition, he shall have 
direct access to all records, reports, audits, reviews, documents, 
papers, recommendations, or other material which relate to the 
programs and operations with respect to which the Inspector Gen-
eral has responsibilities under this section. Failure on the part of 
any employee or contractor to cooperate with the Inspector General 
shall be grounds for appropriate administrative actions by the 
Director, to include loss of employment or the termination of an 
existing contractual relationship. 
"(3) The Inspector General is authorized to receive and investigate 
complaints or information from an employee of the Agency concern-
ing the existence of an activity constituting a violation of laws, 
rules, or regulations, or mismanagement, gross waste of funds, 
abuse of authority, or a substantial and specific danger to the public 
health and safety. Once such complaint or information has been 
received— 
"(A) the Inspector General shall not disclose the identity of 
the employee without the consent of the employee, unless the 
Inspector General determines that such disclosure is unavoid-
able during the course of the investigation; and 
"(B) no action constituting a reprisal, or threat of reprisal, for 
making such complaint may be taken by any employee of the 
Agency in a position to take such actions, unless the complaint 
was made or the information was disclosed with the knowledge 
that it was false or with willful disregard for its truth or falsity. 
"(4) The Inspector General shall have authority to administer to 
or take from any person an oath, affirmation, or affidavit, whenever 
necessary in the performance of his duties, which oath affirmation, 
or affidavit when administered or taken by or before an employee of 
the Office designated by the Inspector General shall have the same 
force and effect as if administered or taken by or before an officer 
having a seal. 
"(5) The Inspector General shall be provided with appropriate and 
adequate office space at central and field office locations, together 
with such equipment, office supplies, maintenance services, and 
communications facilities and services as may be necessary for the 
operation of such offices. 
PUBLIC LAW 101-193—NOV. 30, 1989 
103 STAT. 1715 
"(6) Subject to applicable law and the policies of the Director, the 
Inspector General shall select, appoint and employ such officers and 
employees as may be necessary to carry out his functions. In making 
such selections, the Inspector General shall ensure that such officers 
and employees have the requisite training and experience to enable 
him to carry out his duties effectively. In this regard, it is the sense 
of Congress that the Inspector General should create within his 
organization a career cadre of sufficient size to provide appropriate 
continuity and objectivity needed for the effective performance of 
his duties. 
"(7) Subject to the concurrence of the Director, the Inspector 
General may request such information or assistance as may be 
necessary for carrying out his duties and responsibilities from any 
Federal agency. Upon request of the Inspector General for such 
information or assistance, the head of the Federal agency involved 
shall, insofar as is practicable and not in contravention of any 
existing statutory restriction or regulation of the Federal agency 
concerned, furnish to the Inspector General, or to an authorized 
designee, such information or assistance. 
"(f) SEPARATE BUDGET ACCOUNT.—Beginning with fiscal year 1991, 
and in accordance with procedures to be issued by the Director of 
Central Intelligence in consultation with the intelligence commit-
tees, the Director of Central Intelligence shall include in the Na-
tional Foreign Intelligence Program budget a separate account for 
the Office of Inspector General established pursuant to this section. 
"(g) TRANSFER.—There shall be transferred to the Office the office 
Contracts. 
of the Agency referred to as the 'Office of Inspector Greneral.' The ^^^^o""*^-
personnel, assets, liabilities, contracts, property, records, and unex-
pended balances of appropriations, authorizations, allocations, and 
other funds employed, held, used, arising from, or available to such 
'Office of Inspector General' are hereby transferred to the Office 
established pursuant to this section.". 
Approved November 80, 1989. 
LEGISLATIVE HISTORY—H.R. 2748 (S. 1324): 
HOUSE REPORTS: No. 101-215, Pt. 1 (Permanent Select Ck)nim. on Intelligence) and 
Pt. 2 (Comm. on Armed Services); and No. 101-367 (Comm. of 
SENATE REPORTS: No. 101-78 and No. 101-174 (Select Comm. on Intelligence) and 
No. 101-151 (Comm. on Armed Services), all accompanying 
S. 1324. 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
Oct. 12, considered and passed House. 
Nov. 7, considered and passed Senate, amended. 
Nov. 17, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 25 (1989): 
Nov. 80, Presidential statement.