Intelligence Authorization Act, Fiscal Year 1989
PL 100-453 (H.R.4387), enacted 09/29/1988

102 STAT. 1904 
PUBLIC LAW 100-453—SEPT. 29, 1988 
Public Law 100-453 
100th Congress 
An Act 
Sept. 29, 1988 
[H.R. 4387] 
Intelligence 
Authorization 
Act, Fiscal Year 
1989. 
To authorize appropriations for fiscal year 1989 for intelligence and intelligence-
related activities of the United States Government, for the Intelligence Community 
Staff, for 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 "Intelligence Authorization Act, Fiscal Year 1989". 
TITLE I—INTELLIGENCE ACTIVITIES 
Reports. 
Termination 
date. 
5 u s e 9101 note. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 101. (a) Funds are hereby authorized to be appropriated for 
fiscal year 1989 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States 
Government: 
(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 Tresisury. 
(8) The Department of Energy. 
(9) The Federal Bureau of Investigation. 
(10) The Drug Enforcement Administration. 
(b) None of the funds authorized to be appropriated by this Act 
may be used to procure more than three Guardrail RC-12K aircraft 
and sensor suites until the Department of the Army has submitted 
to the Permanent Select Committee on Intelligence and the Commit-
tee on Armed Services of the House of Representatives and to the 
Committee on Armed Services of the Senate a report detailing the 
long-range plans and budgetary commitments to meet the future 
requirements for tactical airborne reconnaissance in support of the 
United States Army. The report should include, but not be limited 
to, the contribution of remotely piloted vehicles and other reconnais-
sance assets. 
(c) Of the funds authorized to be appropriated in this Act for the 
Defense Intelligence Agency, the Secretary of Defense may transfer 
not to exceed $15,100,000 to appropriations for the foreign counter-
intelligence activities of the Federal Bureau of Investigation. 
(d) The expiration date provided for in section 8030)) of the 
Intelligence Authorization Act for Fiscal Year 1986 (Public Law 
99-169) shall be extended until December 31,1989. 
PUBLIC LAW 100-453—SEPT. 29, 1988 
102 STAT. 1905 
CLASSIFIED SCHEDULE OF AUTHORIZATIONS 
SEC. 102. (a) The amounts authorized to be appropriated under 
section 101, and the authorized personnel ceilings as of September 
30, 1989, for the conduct of the intelligence and intelligence-related 
activities of the elements listed in such section, are those specified in 
the cl£issified Schedule of Authorizations prepared by the committee 
of conference to accompany H.R. 4387 of the One Hundredth Con-
gress. 
Ot)) The Schedule of Authorizations described in subsection (a) 
shall be made available to the Committee on Appropriations of the 
Senate and of the House of Representatives and to the President. 
The President shall provide for suitable distribution of the Schedule, 
President of U.S. 
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 1989 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 
may not, for any element of the Intelligence Community, exceed 2 
per centum 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 Intel-
ligence of the House of Representatives and the Select Committee on 
Intelligence of the Senate whenever he exercises the authority 
granted by this section. 
RESTRICTION ON SUPPORT 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 1989 to 
provide funds, materiel, or other assistance to the Nicaraguan 
democratic resistance to support miltiary 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 1989 the sum of $23,745,000. 
AUTHORIZATION OF PERSONNEL END STRENGTH 
SEC. 202. (a) The Intelligence Community Staff is authorized two 
hundred and forty-four full-time personnel as of September 30, 1989. 
Such personnel of the Intelligence Community Staff may be perma-
nent employees of the Intelligence Community Staff or personnel 
detailed from other elements of the United States Government. 
102 STAT. 1906 
PUBLIC LAW 100-453—SEPT. 29, 1988 
Government 
organization and 
employees. 
Armed Forces. 
(b) During fiscal year 1989, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in 
intelligence and intelligence-related activities. 
(c) During fiscal year 1989, 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. 
INTELUGENCE CX)MMUNITY STAFF ADMINISTERED IN SAME MANNER AS 
CENTRAL INTELUGENCE AGENCY 
SEC. 203. During fiscal year 1989, activities and personnel of the 
Intelligence Community Staff shall be subject 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. 
TITLE III—CENTRAL INTELLIGENCE AGENCY RETIREMENT 
AND DISABILITY SYSTEM 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 301. There is authorized to be appropriated for the Central 
Intelligence Agency Retirement and Disability PHind for fiscal year 
1989 the sum of $144,500,000. 
COMPARABIUTY OF CERTAIN SPOUSE PROVISIONS WITH CIVIL SERVICE 
RETIREMENT AND DISABILITY SYSTEM 
SEC. 302. (a) Part C of title II of the (Dentral Intelligence Agency 
Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is 
amended by adding at the end thereof the following new section: 
SURVIVOR ANNUITIES FOR PREVIOUS SPOUSES AND SECOND CHANCE TO 
ELECT SURVIVOR ANNUITY FOR CERTAIN SPOUSES 
Regulations. 
"SEC. 226. (a) The Director shall prescribe regulations under 
which any previous spouse (including former spouses who are also 
previous spouses), divorced after the effective date of this section 
from a participant, former participant, or annuitant whose retire-
ment or disability or FECA (chapter 81 of title 5, United States 
Code) annuity commences after the effective date of this section, 
shall be eligible for a survivor gmnuity to the same extent, £uid, to 
the greatest extent practicable, under the same conditions (includ-
ing reductions to be made in the annuity of the participant) ap-
plicable to spouses of participants in the Civil Service Retirement 
and Disability System (CSRS) married for at least nine months with 
service creditable under section 8332 of title 5, United States CJode. 
"(b) The Director shall prescribe regulations under which partici-
pants, retired participants, and former participants who have sepa-
rated from service with a deferred annuity may make an election 
within two years after the effective date of this section (or, if later. 
PUBLIC LAW 100-453—SEPT. 29, 1988 
102 STAT. 1907 
Effective date. 
50 u s e 403 note. 
at the time of retirement) to receive a reduced annuity, pay a 
deposit, and provide a survivor annuity for any spouse for whom 
survivor benefits were not elected at the time of retirement, or (if 
the marriage occurred after retirement) were not elected in a timely 
manner, and for any previous spouse (including former spouses who 
are also previous spouses) who is not eligible for a survivor annuity 
under subsection (a) of this section, under, to the greatest extent 
practicable, the same terms and conditions as those prescribed for 
participants in the Civil Service Retirement and Disability System 
(CSRS) by the Civil Service Retirement Spouse Equity Act of 1984. 
"(c) As used in this section, the term 'previous spouse' means a 
former wife or husband who was married for at least nine months to 
a participant or former participant who had at least eighteen 
months of service which are creditable under sections 251, 252, and 
253 of this Act. 
"(d) This section shall take effect on the date of enactment of the 
Effective date. 
Intelligence Authorization Act, Fiscal Year 1989.". 
(bXl) Section 224 of the Central Intelligence Agency Retirement 
Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended— 
(A) in subsection (aX2), by inserting "an amount equal to any 
survivor annuity payments made to the former spouse under 
section 223 and also by" after "shall be reduced by"; and 
(B) in subsection (b), by striking out paragraph (1) and re-
designating paragraphs (2) and (3) as paragraphs (1) and (2), 
respectively. 
(2) The amendments made by paragraph (1) shall take effect as of 
October 1,1986. 
(cXl) Section 225(a) of the Central Intelligence Agency Retirement 
Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended 
by inserting "and any former spouse divorced after November 15, 
1982, from a participant or former participant who retired before 
November 15,1982," after "1982". 
(2) The amendment made by paragraph (1) shall take effect as of 
December 2,1987. 
(dXD The third sentence of section 221(n) of the (Dentral Intel-
ligence Agency Retirement Act of 1964 for Certain Employees (50 
U.S.C. 403 note) is amended by striking out "one year" and inserting 
in lieu thereof "nine months after the date of remarriage". 
(2) Section 221 of title II of such Act is amended by adding at the 
end thereof the following new subsection: 
"(p) The election of a survivor annuity and the reduction of an 
annuity under subsection (0(2) or (n) of this section shall take effect 
on the first day of the first month beginning nine months after the 
date of marriage. For the purposes of this subsection, the nine-
month period shall be deemed to be satisfied in any case in which— 
"(1) the annuitant dies within such period; 
"(2) the surviving spouse of the annuitant had been previously 
married to the annuitant and subsequently divorced; and 
"(3) the aggregate time married is at least nine months.". 
(3) The amendment made by this subsection shall apply to mar- 
Effective date, 
riages which occur on or after May 7,1985. 
50 USC 403 note. 
(e) Any new spending authority (within the meaning of section 
50 USC 403 note. 
401(c) of the Congressional Budget Act of 1974) provided pursuant to 
the amendments made by this section shall be effective for any fiscal 
year only to such extent or in such amounts as are provided in 
appropriations Acts. 
Effective date. 
50 USC 403 note. 
102 STAT. 1908 
PUBLIC LAW 100-453—SEPT. 29, 1988 
TITLE IV-GENERAL PROVISIONS 
RESTRICTION OF CONDUCT OF INTELUGENCE ACTIVITIES 
SEC. 401. The authorization of appropriations hy this Act shall not 
be deemed to constitute authority for tiie conduct of any intelligence 
activity which is not otherwise authorized by the Constitution or 
laws of the United States. 
INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW 
SEC. 402. 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 benefits authorized by law. 
EQUAL EMPLOYMENT OPPORTUNITY PLAN 
Reports. 
SEC. 403. Ninety days after enactment of this Act, the Director of 
50 use 403 note. Central Intelligence and the Secretary of Defense shall submit to 
the Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate a report setting forth an analysis of each equal employment 
opportunity group's representation in the Central Intelligence 
i^^ency and the National Security Agency respectively and propos-
ing a plan for rectifying any underrepresentation of any such equal 
emplo5rment opportunity group by September 30,1991. 
(b) The Director of Central Intelligence and the Secretary of 
Defense shall each submit interim reports on February 1,1989,1990, 
and 1991 concerning the Central Intelligence Agency and the Na-
tional Security Agency respectively detailing the efforts made, and 
the progress realized, by each such agency in achieving the objec-
tives of each such plan, including, but not limited to, the number of 
applications from, and the hiring, promotion, and training of, mem-
bers of each equal employment opportunity group. 
(c) For purposes of this section, the term "equal employment 
opportunity group" means— 
(A) white women, 
(B) black men, 
(C) black women, 
(D) Hispanic men, 
(E) Hispanic women, 
(F) Asian American and Pacific Islander men, 
(G) Asian American and Pacific Islander women, 
(H) Native American and Alaskan Native men, or 
(I) Native American £ind Alaskan Native women, 
DISCLOSURE OF INFORMATION CONCERNING AMERICAN 
PERSONNEL 
LISTED AS PRISONER, MISSING, OR UNACCOUNTED FOR IN SOUTHEAST 
ASIA 
50 use 401 note. 
SEC. 404, (a) This section is enacted to ensure that current disclo-
sure policy is incorporated into law. 
0)) Except as provided in subsection (c), the head of each depart-
ment or agency— 
(1) with respect to which funds are authorized under this Act, 
and 
•'Sf^ifea?-
PUBLIC LAW 100-453—SEPT. 29, 1988 
102 STAT. 1909 
(2) which holds or receives live sighting reports of any United 
States citizen reported missing in action, prisoner of war, or 
unaccounted for from the Vietnam Conflict, 
shall make available to the next-of-kin of that United States citizen 
all reports, or portions thereof, held by that department or agency 
which have been correlated or possibly correlated to that citizen. 
(c) Subsection (b) does not apply with respect to— 
(1) information that would reveal or compromise sources and 
methods of intelligence collection; or 
(2) specific information that previously has been made avail-
able to the next-of-kin. 
(d) The head of each department or agency covered by subsection 
(a) shall make information available under this section in a timely 
manner. 
Vietnam. 
Records. 
TITLE V—CENTRAL INTELLIGENCE AGENCY 
ADMINISTRATIVE PROVISIONS 
ONE-TIME PERSONNEL AUTHORITY 
SEC. 501. (a) Whenever the Director of Central Intelligence finds 
during fiscal year 1989 that a former employee of the Central 
Intelligence Agency has unfairly had his career with the Agency 
adversely affected as a result of allegations concerning the loyalty to 
the United States of such former employee, the Director may grant 
such former employee such monetary or other relief (including 
reinstatement and promotion) as the Director considers appropriate 
in the interest of fairness. 
(b) Any action of the Director under this section is not reviewable 
in any other forum or in any court. 
(c) The authority of the Director to make payments under subsec-
tion (a) is effective only to the extent that appropriated funds are 
available for that purpose. 
(d) The Director shall report to the Select Committee on Intel-
ligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives any use of the author-
ity granted by this section in advance of such use. 
Reports. 
FERS-CIARDS SPECIAL ELECTION AUTHORITY 
SEC. 502. (a) Subsection (d) of section 301 of the Central Intel-
ligence Agency Retirement Act of 1964 for Certain Employees, as 
amended, is redesignated as subsection (e). 
(b) A new subsection (d) is added after subsection (c) as follows: 
"(d) An employee who has been designated as a participant in the 
Central Intelligence Agency Retirement System after December 31, 
1987, pursuant to section 203 of this Act, may elect to become 
subject to chapter 84 of title 5, United States Code. An election 
under this paragraph— 
"(1) shall not be effective unless it is made during the six-
month period after the enactment of this section, or during the 
six-month period beginning on the date on which the employee 
is so designated, whichever comes later; 
"(2) shall take effect beginning with the first pay period 
beginning after the date of the election; and 
"(3) shall be irrevocable.". 
50 u s e 403 note. 
102 STAT. 1910 
PUBLIC LAW 100-453—SEPT. 29, 1988 
AUTHORITY TO COMPENSATE RETIRED MILITARY PERSONNEL SERVING 
ON DCI ADVISORY COMMITTEES 
Uniformed 
SEC. 503. Subsection (a) of section 303 of the National Security Act 
services. 
of 1947 (50 U.S.C. 405) is amended by adding at the beginning of the 
last sentence "Retired members of the uniformed services employed 
by the Director of Central Intelligence who hold no other office or 
position under the United States for which they receive compensa-
tion,"; and by changing the word immediately thereafter from 
"Other" to "other". 
REPORTS CONCERNING INSPECTOR GENERAL ACTTVITIES 
SEC. 504. The Central Intelligence Agency Act of 1949 (50 U.S.C. 
403a et seq.) is amended by adding after section 16 the following new 
section: 
"REPORTS OF INSPECTOR GENERAL ACTIVITIES 
50 use 403q. 
"SEC. 17. The Director of Central Intelligence shall furnish to the 
Select Committee on Intelligence of the Senate and the Permanent 
Select (Dommittee on Intelligence of the House of Representatives 
the following reports relating to the activities of the Inspector 
General at the Central Intelligence Agency. 
"(a) A report made at the time any Inspector General is selected 
by the Director of C!!entral Intelligence, specifying the name of the 
person selected, and certifying that such selection was made without 
regard to political affiliation. Such report shall also include a certifi-
cation that the person selected meets Central Intelligence Agency 
security requirements and has had prior senior experience in the 
foreign intelligence field. It should also describe the background of 
such person as it relates to his or her experience in accounting, law, 
financial analysis, management analysis, public administration, or 
other field directly relevant to the performance of functions as-
signed the Inspector Genersd. 
"(b) A report made at the time any Inspector Genered is removed 
by the Director of Central Intelligence, specifying the basis for such 
removal. 
"(c) Semiannual reports, to be furnished not later than June 30 
and December 31 of each year, summarizing the activities of the 
Office of Inspector General for the preceding six-month period. Such 
reports shall include: (i) a certification that such activities have been 
carried out in accordance with accepted Federal standards for 
inspections, investigations, and audits; (ii) a certification that the 
Inspector General has had full and direct access to all information 
relevent to his activities; (iii) a description of any violation of law or 
willful violation of regulations, or any evidence of serious fraud, 
waste and abuse, identified during the reporting period; and (iv) the 
status of corrective actions taken during the reporting period in 
response to Inspector General recommendations. 
"(d) A report of any decision made by the Director of Central 
Intelligence to prohibit the Inspector General from initiating, carry-
ing out, or completing any audit, inspection, or investigation within 
the Central Intelligence Agency, to be made within seven days of 
such decision. 
"(e) A report of any other decision made by the Director of (Central 
Intelligence which would substantially affect the ability of the 
Inspector General to carry out his duties and responsibilities. Such 
PUBLIC LAW 100-453—SEPT. 29, 1988 
102 STAT. 1911 
report shall include the position of the Inspector General with 
respect to such decision, and be transmitted within seven days to the 
committees.". 
TITLE VI—FBI ENHANCED COUNTERINTELLIGENCE 
AUTHORITIES 
DEMONSTRATION PROJECT ON MOBILITY AND RETENTION FOR THE NEW 
YORK FIELD DIVISION 
SEC. 601. (a) Notwithstanding any other provision of law, the 
Director of the Federal Bureau of Investigation and the Director of 
the Office of Personnel Management shall conduct a demonstration 
project to ascertain the effects on the recruitment and retention of 
personnel, and on field operations in the New York Field Division of 
the Federal Bureau of Investigation of providing— 
(1) lump-sum pajnnents to personnel upon directed a s s ^ -
ment to the New York Field Division from another ge(^aphical 
location who enter into an agreement to complete a specified 
minimum period of service, not to exceed three years, in the 
New York Field Division, except that no lump-sum payment 
under this paragraph may exceed $20,000, and no employee 
shall be eligible to receive more than one lump-sum payment 
under this paragraph in connection with each such assignment; 
and 
(2) periodic payments to New York Field Division employees 
who are subject by policy and practice to directed geographical 
transfer or reassignment, except that the amounts paid under 
this paragraph to an employee for any period may not be less 
than 20 per centum nor greater than 25 per centum of the basic 
pay paid or payable to such employee for service performed 
during such period. 
Any lump-sum pajonent under paragraph (1) and any periodic pay-
ment under paragraph (2) shall be in addition to basic pay. Any 
authority to make pajnnents under this section shall be effective 
only to the extent of available appropriations. 
(b) Such demonstration project shall commence not later than 
ninety days after the date of enactment of this Act and shall 
terminate five years after such date, unless extended by law. 
(c) The Director of the Federal Bureau of Investigation and the 
Director of the Office of Personnel Management shall jointly pro-
vide to the President and the Congr^ annual interim reports and, 
at the conclusion of the five year period, a final evaluation concern-
ing the results of the demonstration project. 
TITLE VII—DEPARTMENT OF DEFENSE 
Contracts. 
Effective date. 
Termination 
date. 
Reports. 
INTELLIGENCE PROVISIONS 
SEC. 701. (a) Section 421 of title 10, United States Code, is amended 
to read as follows: 
*
*
§ 421. Funds for foreign cryptologic support 
"(a) The Secretary of Defense may use appropriated funds avail-
able to the Department of Defense for intelligence and communica-
tions purposes to pay for the expenses of arrangements with foreign 
countries for cryptologic support. 
Communications 
and tele-
communications. 
102 STAT. 1912 
PUBLIC LAW 100-453—SEPT. 29, 1988 
"(b) The Secretary of Defense may use funds other than appro-
priated funds to pay for the expenses of arrsingements with foreign 
countries for crjrptologic support without regard for the provisions of 
law relating to the expenditure of United States Government funds, 
except that— 
"(1) no such funds may be expended, in whole or in part, by or 
for the benefit of the E)epartment of Defense for a purpose for 
which Congress had previously denied funds; and 
"(2) proceeds from the sale of cryptologic items may be used 
only to purchase replacement items similar to the items that 
are sold; and 
"(3) the authority provided by this subsection may not be used 
to acquire items or services for the principal benefit of the 
United States. 
Reports. 
"(c) Any funds expended under the authority of subsection (a) 
shall be reported to the Select (Dommittee on Intelligence of the 
Senate and the Permanent Select (Committee on Intelligence of the 
House pursuant to the provisions of title V of the National Security 
Act of 1947, as amended, and funds expended under the authority of 
subsection (b) shall be reported pursuant to procedures jointly 
agreed upon by such committees and the Secretary of Defense.". 
(b) The reference to section 421 in the sections at the beginning of 
chapter 21 of such title is amended to read "Funds for Foreign 
Cr3T)tologic Support.". 
AUTHORITY TO ESTABUSH POSITION OF ASSISTANT SECRETARY OF 
DEFENSE FOR INTELUGENCE 
SEC. 702. Paragraph (3) of section 136(b) of title 10, United States 
Code, is amended to read as follows: 
"(3XA) One of the Assistant Secretaries shall be the Assistant 
Secretary of Defense for Command, (Hontrol, (Communications, and 
Intelligence. He shall have as his principal duty the overall super-
vision of command, control, communications, and intelligence 
affairs of the Deprtment of Defense. 
"(B) Notwithstanding subparagraph (A), one of the Assistant Sec-
retaries established by the Secretary of Defense may be an Assistant 
Secretary of Defense for Intelligence, who shall have as his principal 
duty the overall supervision of intelligence affairs of the Depart-
ment of Defense. 
"(C) If the Secretary of Defense establishes an Assistant Secretary 
of Defense for Intelligence, the Assistant Secretary provided for 
under subparagraph (A) shall be the Assistant Secretary of Defense 
for Command, (Dontrol, and (Communications and shall have as his 
principal duty the overall supervision of command, control, and 
communications affairs of the Department of Defense.". 
REQUIREMENTS TO DISCLOSE DEFENSE INTELUGENCE AGENCY 
ORGANIZATIONAL AND PERSONNEL INFORMATION 
SEC. 703. (a) Section 1607 of title 10, United States Code (as added 
by section 603 of Public Law 100-178), is trsmsferred to the end of 
chapter 21, redesignated as section 424, and amended to read as 
follows: 
PUBLIC LAW 100-453—SEPT. 29, 1988 
102 STAT. 1913 
"§ 424. Disclosure of organizational and personnel information: 
exemption for Defense Intelligence Agency 
"(a) Except as required by the President or as provided in subsec-
tion (b), the Secretary of Defense may not be required to disclose 
information with respect to— 
"(1) the organization or any function of the Defense Intel-
ligence Agency; or 
"(2) the number of persons employed by or assigned or de-
tailed to such Agency or the name, official title, occupational 
series, grade, or salary of any such person. 
"(b) This section does not apply— 
"(1) with respect to the provision of information to Congress; 
or 
"(2) with respect to information required to be disclosed by 
section 552 or 552a of title 5.". 
(b) The table of sections at the beginning of chapter 21 of such title 
is amended by adding at the end the following new item: 
"424. Disclosure of organizational and personnel information: exemption for Defense 
Intelligence Agency.". 
DEFENSE ATTACH^ DEATH GRATUITY 
SEC. 704. (a) During fiscal year 1989, the Secretary of Defense may 
pay 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 
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 0)ngress no later 
than March 1, 1989, a report concerning the advisability of perma-
nent law permitting the payment of death gratuities to the survivors 
of any member of the armed services who, while on active duty 
assigned to a Defense attache office outside the United States, dies 
as a result of hostile or terrorist activities. 
Approved September 29, 1988. 
Armed Forces. 
Terrorism. 
Reports. 
LEGISLATIVE HISTORY—H.R. 4387 (S. 2366): 
HOUSE REPORTS: No. 100-.591 Pt. 1 (Permanent Select Comm. on Intelligence) and 
Pt. 2 (Comm. on Armed Services), and No. 100-879 (Comm. of 
Conference). 
SENATE REPORTS: No. 100-334 (Select Comm. on Intelligence) and No. 100-404 
(Comm. on Armed Services) accompanying S. 2366. 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
May 26, considered and passed House. 
Aug. 5, considered and passed Senate, amended, in lieu of S. 2366. 
Sept. 14, House agreed to conference report. 
Sept. 15, Senate agreed t > conference report. 
WEEKLY COMPILATION OF I'.iSSIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Sept. 29, Presidential statement.