Intelligence Authorization Act, Fiscal Year 1991
PL 102-88 (H.R.1455), enacted 08/14/1991

PUBLIC LAW 102-88—AUG. 14, 1991 
105 STAT. 429 
Public Law 102-88 
102d Congress 
An Act 
To authorize appropriations for fiscal year 1991 for intelligence activities of the 
United States Government, the Intelligence Community Staff, and the Central 
Intelligence Agency Retirement and Disability System, and for other purposes. 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
Aug. 14, 1991 
[H.R. 1455] 
Be it enacted by the Senate and House of Representatives of the 
" 
. . . 
Intelligence 
Authorization 
Act, Fiscal 
Year 1991. 
This Act may be cited as the "Intelligence Authorization Act, classified 
F i s c ^ Y e a r 1991". 
information. 
Grovemment 
employees. 
TITLE I—INTELLIGENCE ACTIVITIES 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
1991 for the conduct of the intelligence 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 Treasury. 
(8) The Department of Energy. 
(9) The Federal Bureau of Investigation. 
(10) The Drug Enforcement Administration. 
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) The amounts authorized to be appropriated under section 101, 
and the authorized personnel ceilings as of September 30, 1991, for 
the conduct of the intelligence activities of the elements listed in 
such section, are those specified in the clgissified Schedule of 
Authorizations prepared by the committee of conference to accom-
pany H.R. 1455 of the One Hundred Second Congress. 
(b) The Schedule of Authorizations described in subsection (a) 
shall be made available to the Committees on Appropriations of the 
Senate and House of Representatives and to the President. The President. 
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. 
The Director of Central Intelligence may authorize employment of 
civilian personnel in excess of the numbers authorized for fiscal year 
1991 under sections 102 and 202 of this Act when he determines that 
such action is necessary for the performance of important intel-
105 STAT. 430 
PUBLIC LAW 102-88—AUG. 14, 1991 
ligence functions, except that such number may not, for any ele-
ment 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 shsill promptly 
notify the Permanent Select Committee on Intelligence of the House 
of Representatives and the Select Committee on Intelligence of the 
Senate whenever he exercises the authority granted by this section. 
TITLE II—INTELLIGENCE COMMUNITY 
STAFF 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Intelligence 
Community Staff for fiscal year 1991 the sum of $27,900,000, of 
which $6,580,000 shall be available for the Security Evaluation 
Office. 
SEC. 202. AUTHORIZATION OF PERSONNEL END-STRENGTH. 
(a) AUTHORIZED PERSONNEL LEVEL.—The Intelligence Community 
Staff is authorized 240 full-time personnel as of September 30, 1991, 
including 50 full-time personnel who are authorized to serve in the 
Security Evaluation Office. 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. 
O
t
>
) REPRESENTATION OF INTELLIGENCE ELEMENTS,—During fiscal 
year 1991, 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 intel-
ligence-related activities. 
(c) REIMBURSEMENT.—During fiscal year 1991, any officer or em-
ployee 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 reimburs-
able 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. 
SEC. 203. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME 
MANNER AS CENTRAL INTELLIGENCE AGENCY. 
During fiscal year 1991, activities and personnel of the Intel-
ligence 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 £is activities and personnel of the Central Intelligence 
Agency. 
PUBLIC LAW 102-88—AUG. 14, 1991 
105 STAT. 431 
TITLE 
III—CENTRAL 
INTELLIGENCE 
AGENCY RETIREMENT AND DISABILITY 
SYSTEM AND RELATED PROVISIONS 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 1991 the sum 
of $164,600,000. 
SEC. 302. CIA FORMER SPOUSE QUALIFYING TIME. 
Section 204(b) of the Central Intelligence Agency Retirement Act 
of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by 
inserting before the period at the end of parsigraph (4) "during the 
participant's service as an employee of the Central Intelligence 
Agency". 
SEC. 303. ELIMINATION OF 15-YEAR CAREER REVIEW FOR CERTAIN CIA 
EMPLOYEES. 
Section 203 of the Central Intelligence Agency Retirement Act of 
1964 for Certain Employees (50 U.S.C. 403 note) is amended by 
striking out the second sentence and inserting in lieu thereof the 
following: "Any officer or employee who elects to accept designation 
as a participant entitled to the benefits of the system shall remain a 
participant of the system for the duration of his or her employment 
with the Agency. Such election shall be irrevocable except as and to 
the extent provided in section 301(d) of this Act and shall not be 
subject to review or approval by the Director.". 
SEC. 304. SURVIVOR ANNUITIES UNDER CIARDS FOR SPOUSES OF RE-
MARRIED, RETIRED PARTICIPANTS. 
(a) CALCULATION OF REDUCTION IN ANNUITIES.—Section 221(n) of 
the Centred Intelligence Agency Retirement Act of 1964 for Certain 
Employees (50 U.S.C. 403 note) is simended by inserting "or elected 
under section 226(e)" after "(unless such reduction is adjusted under 
section 222(b)(5))". 
(b) ELECTION OF REDUCTION IN ANNUITY.—Section 226 of 
the 
Central Intelligence Agency Retirement Act of 1964 for Certain 
Employees (50 U.S.C. 403 note) is amended by adding at the end the 
following new subsection: 
"(e) Upon remarriage occurring on or after the date of the enact-
ment of this subsection to a spouse other than the spouse at the time 
of retirement, a retired participant whose annuity was not reduced 
(or was not fully reduced) to provide a survivor annuity for the 
participant's spouse or former spouse as of the time of retirement 
may irrevocably elect, by means of a signed writing received by the 
Director within one year after such remarriage, a reduction in the 
retired participant's annuity for the purpose of providing an annu-
ity for such retired participant's spouse in the event such spouse 
survives the retired participant. The reduction shall be effective the 
first day of the month which begins nine months after the date of 
remarriage. For any remarriage that occurred before the date of the 
enactment of this subsection, the retired participant may make such 
an election within two years after such date. To the greatest extent 
practicable, the retired participant shall pay a deposit under the 
same terms and conditions as those prescribed for retired employees 
105 STAT. 432 
PUBLIC LAW 102-88—AUG. 14, 1991 
under the Civil Service Retirement and Disability System under 
section 8339(jX5XCXii) of title 5, United States Code. A survivor 
annuity elected under this subsection shall be treated in all respects 
as a survivor annuity under section 221(b).". 
^J^SC403 
(j,) CONFORMING AMENDMENT.—Section 226(d) of such Act is 
"° • 
amended by striking out "This" and inserting in lieu thereof 
"Subsections (a) through (c) of this". 
SEC. 305. REDUCTION OF REMARRIAGE AGE. 
(a) REDUCTION OF REMARRIAGE AGE FOR SURVIVOR AND RETIRE-
MENT BENEFITS.—The Central Intelligence Agency Retirement Act 
of 1964 for Certain Employees (50 U.S.C. 403 note) is amended— 
50 use 403 
(1) in section 221— 
"°*®- 
(A) in subsections (bXlXA) and (bX3XC), by striking out 
"age 60" each place it appears and inserting in lieu thereof 
"age 55"; and 
(B) in subsection (gXD, by striking out "age sixty" each 
place it appears and inserting in lieu thereof "age 55"; 
50 use 403 
(2) in section 222— 
"
*
* • 
(A) by striking out "60 years of age" each place it appears 
in subsections (a)(2), (aX3XA), and (bX2) and inserting in lieu 
thereof "55 years of age"; and 
(B) by striking out "age 60" each place it appears in 
subsections (bX3), (bX5XA), (cX3XC), (cX3XD), and (cX4) and 
inserting in lieu thereof "age 55"; and 
50 use 403 
(3) m section 232(bXl), by striking out "attaining age sixty" in 
"°*®- 
the last sentence and inserting in lieu thereof "attaining age 
55". 
50 use 403 
(b) EFFECTIVE DATE OF AMENDMENTS.—(1) The amendments made 
^°*®' 
by subsection (a) relating to widows or widowers shall apply in the 
case of a surviving spouse's remarriage occurring on or after July 
27, 1989, and with respect to perio<k beginning after such date. 
(2) The amendments made by subsection (a) relating to former 
spouses shall apply with respect to any former spouse whose re-
marriage occurs after the date of enactment of this Act. 
SEC. 306. ELECTION BETWEEN CIARDS ANNUITY AND OTHER SURVIVOR 
ANNUITIES. 
Section 221(g) of the Central Intelligence Agency Retirement Act 
of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by 
adding at the end the following new paragraph: 
"(3) A surviving spouse who married a participant after his or her 
retirement shall be entitled to a survivor annuity payable from the 
fund under this title only upon electing this annuity instead of any 
other survivor benefit to which he or she may be entitled under this 
or any other retirement system for Government employees on the 
basis of a marriage to someone other than the participant.". 
SEC. 307. RESTORATION OF FORMER SPOUSE BENEFITS AFTER DISSOLU-
TION OF REMARRIAGE. 
(a) SURVIVOR ANNUITY.—Section 224 of the Central Intelligence 
Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 
note) is amended— 
(1) in subsection (b)(1), by inserting ", except that the entitle-
ment of the former spouse to such a survivor annuity shall be 
restored on the date such remarriage is dissolved by death, 
annulment, or divorce" after "fifty-five"; 
PUBLIC LAW 102-88—AUG. 14, 1991 
105 STAT. 433 
(2) in subsection (cXlXB), by inserting ", except that the 
entitlement of the former spouse to such a survivor annuity 
shall be restored on the date such remarriage is dissolved by 
death, annulment, or divorce" after "fifty-five ; and 
(3) by adding at the end thereof the following new subsection: 
"(e) Notwithstanding subsection (cX2XA) of this section, the thirty-
month application requirement for a survivor annuity under this 
section to be payable shall not apply in cases in which a former 
spouse's entitlement to such a survivor annuity is restored under 
subsection (bXD or (cXlXB) of this section,". 
(b) RETIREMENT BENEFITS.—Section 225 of the Central Intelligence 
Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 
note) is amended— 
(1) in subsection (bXD, by inserting ", except that the entitle-
ment of the former spouse to benefits under this section shall be 
restored on the date such remarriage is dissolved by death, 
annulment, or divorce" after "fifty-five"; 
(2) in subsection (cXlXBXD, by inserting ", except that the 
entitlement of the former spouse to benefits under this section 
shall be restored on the date such remarriage is dissolved by 
death, annulment, or divorce" after "fifty-five years of age'; 
(3) by redesignating subsection (e) as subsection (f); and 
(4) by adding after subsection (d) the following new subsection 
(e): 
"(e) Notwithstanding subsection (cX4XA) of this section, the thirty-
month application requirement for benefits under this section to be 
payable shall not apply in cases in which a former spouse's entitle-
ment to such benefits is restored under subsection (bXl) or (cXlXB) of 
this section.". 
(c) HEALTH BENEFITS.—Section 16(c) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding 50 USC 403p. 
after paragraph (2) the following new paragraph: 
^ 
"(3XA) A former spouse who is not eligible to enroll or to continue 
enrollment in a health benefits plan under this section solely be-
cause of remarriage before age fifty-five shall be restored to such 
eligibility on the date such remarriage is dissolved by death, annul-
ment, or divorce. 
"(B) A former spouse whose eligibility is restored under subpara-
graph (A) may, under regulations which the Director of the Office of 
Personnel Management shall prescribe, enroll in a health benefits 
plan if such former spouse— 
"(i) was an individual referred to in paragraph (1) and was an 
individual covered under a benefits plan £is a family member at 
any time during the 18-month period before the date of dissolu-
tion of the marriage to the Agency employee or annuitent; or 
"(ii) was an individual referred to in paragraph (2) and was an 
individual covered under a benefits plan immediately before the 
remarriage ended the enrollment.". 
(d) EFFECTIVE DATE.—The amendments made by this section shall 50 use 403p 
take effect as of October 1, 1990. No benefits provided pursuant to ^°*®-
the amendments made by this section shall be payable with respect 
to any period before such date. 
(e) COMPLIANCE WITH BUDGET ACT.—Any new spending authority 50 USC 403p 
(within the meaning of section 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 advance in appropriation Acts. 
105 STAT. 434 
PUBLIC LAW 102-88—AUG. 14, 1991 
TITLE IV—GENERAL PROVISIONS 
SEC. 401. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AU-
THORIZED BY LAW. 
Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for federal employees may be increased by such 
additional or supplemental amounts as may be necessary for in-
creases in such compensation or benefits authorized by law. 
SEC. 402. 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. 403. EXCEPTED POSITIONS FROM THE COMPETITIVE SERVICE. 
Section 621 of the Department of Energy Organization Act (42 
U.S.C. 7231) is amended by adding at the end thereof the following 
new subsection: 
"(f) AH positions in the Department which the Secretary deter-
mines are devoted to intelligence and intelligence-related activities 
of the United States Government are excepted from the competitive 
service, and the individuals who occupy such positions as of the date 
of enactment of this Act shall, while employed in such positions, be 
exempt from the competitive service.". 
50 u s e 403-2. 
SEC. 404. INTELLIGENCE COMMUNITY CONTRACTING. 
(a) 
POLICY CONCERNING PRODUCTS PRODUCED IN THE UNITED 
STATES.—The Director of Central Intelligence shall direct that ele-
ments 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 activities, and where fiscsilly sound, should award con-
tracts in a manner that would maximize the procurement of prod-
ucts produced in the United States. 
(b) DEFINITION.—For purposes of this section, the term "Intel-
ligence Community" has the same meaning as set forth in para-
graph 3.4(f) of Executive Order 12333, dated December 4, 1981, or 
successor orders. 
50 u s e 413a 
SEC. 405. FURNISHING OF INTELLIGENCE INFORMATION TO THE SENATE 
note. 
AND HOUSE SELECT COMMITTEES ON INTELLIGENCE. 
(a) FURNISHING OF SPECIFIC INFORMATION.—In accordance with 
title V of the National Security Act of 1947, the head of any 
department or agency of the United States involved in any intel-
ligence activities which may pertain to United States military 
personnel listed as prisoner, missing, or unaccounted for in military 
actions shall furnish any information or documents in the posses-
sion, custody, or control of the department or agency, or person paid 
by such department or agency, whenever requested by the Perma-
nent Select Committee on Intelligence of the House of Representa-
tives or the Select Committee on Intelligence of the Senate. 
(b) ACCESS BY COMMITTEES AND MEMBERS OF CONGRESS.—In accord-
ance with Senate Resolution 400, Ninety-Fourth Congress, and 
House Resolution 658, Ninety-Fifth Congress, the committees named 
in subsection (a) shall, upon request and under such regulations as 
PUBLIC LAW 102-88—AUG. 14, 1991 
105 STAT. 435 
the committees have prescribed to protect the classification of such 
information, make any information described in subsection (a) avail-
able to any other committee or any other Member of Congress and 
appropriately cleared staff. 
TITLE V—DEPARTMENT OF DEFENSE 
INTELLIGENCE PROVISIONS 
SEC. 501. REIMBURSEMENT RATE FOR CERTAIN AIRLIFT SERVICES. 
(a) IN GENERAL.—Chapter 157 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 2642. Reimbursement rate for airlift services provided to 
Central Intelligence Agency 
"(a) AUTHORITY.—The Secretary of Defense may authorize the use 
of the Department of Defense reimbursement rate for military 
airlift services provided by a component of the Department of 
Defense to the Central Intelligence Agency, if the Secretary of 
Defense determines that those military airlift services are provided 
for activities related to national security objectives. 
"(b) DEFINITION.—In this section, the term 'Department of Defense 
reimbursement rate' means the amount charged a component of the 
Department of Defense by another component of the Department of 
Defense.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end the following new 
item: 
"2642. Reimbursement rate for airlift services provided to Central Intelligence 
Agency.". 
SEC. 
5
0
2
. 
PUBLIC 
AVAILABILITY 
OF 
MAPS, 
ETC., 
PRODUCED 
BY 
DEFENSE 
MAPPING 
AGENCY. 
(a) IN GENERAL.—(1) Chapter 167 of title 10, United States Code, is 
amended by adding at the end the following new section: 
"§ 2796. Maps, charts, and geodetic data: public availability; excep-
tions 
"(a) The Defense Mapping Agency shall offer for sale maps and 
charts at scales of 1:500,000 and smaller, except those withheld in 
accordance with subsection (b) or those specifically authorized under 
criteria established by Executive order to be kept secret in the 
interest of national defense or foreign policy and in fact properly 
classified pursuant to such Executive order. 
"Ot))(l) Notwithstanding any other provision of law, the Secretary 
of Defense may withhold from public disclosure any geodetic prod-
uct in the possession of, or under the control of, the Department of 
Defense— 
"(A) that was obtained or produced, or that contains informa-
tion that was provided, pursuant to an international agreement 
that restricts disclosure of such product or information to 
government officials of the agreeing parties or that restricts use 
of such product or information to government purposes only; 
"(B) that contains information that the Secretary of Defense 
has determined in writing would, if disclosed, reveal sources 
105 STAT. 436 
PUBLIC LAW 102-88—AUG. 14, 1991 
Regulations. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
10 use 2796 
note. 
and methods used to obtain source material for production of 
the geodetic product; or 
"(C) that contains information that the Director of the De-
fense Mapping Agency has determined in writing would, if 
disclosed, reveal military operational or contingency plans. 
"(2) In this subsection, the term 'geodetic product means any 
map, chart, geodetic data, or related product. 
"(cXD Regulations to implement this section (including any 
amendments to such regulations) shall be published in the Federal 
Register for public comment for a period of not less than 30 days 
before they take effect. 
"(2) Regulations under this section shall address the conditions 
under which release of geodetic products authorized under subsec-
tion (b) to be withheld from public disclosure would be appropriate— 
"(A) in the case of allies of the United States; and 
"(B) in the case of qualified United States contractors (includ-
ing contractors that are small business concerns) who need such 
products for use in the performance of contracts with the 
United States.". 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item: 
"2796. Maps, cheuis, and geodetic data: public availability; exceptions.". 
(b) DEADLINE FOR INITIAL REGULATIONS.—Regulations to imple-
ment section 2796 of title 10, United States Code, as added by 
subsection (a), shall be published in the Federal Register for public 
comment in accordance with subsection (c) of that section not later 
than 90 days after the date of the enactment of this Act. 
SEC. 503. POST-EMPLOYMENT ASSISTANCE FOR CERTAIN NSA EMPLOY-
EES. 
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is 
amended by adding at the end thereof the following new section: 
"SEC. 17. (a) Notwithstanding any other law, the Director of the 
National Security Agency may use appropriated funds to assist 
employees who have been in sensitive positions who are found to be 
ineligible for continued access to Sensitive Compartmented Informa-
tion and employment with the Agency, or whose emplojmient has 
been terminated— 
"(1) in finding and qualifjdng for subsequent employment, 
"(2) in receiving treatment of medical or psychological disabil-
ities, and 
"(3) in providing necessary financial support during periods of 
unemployment, 
if the Director determines that such assistance is essential to main-
tain the judgment £ind emotional stability of such employee and 
avoid circumstances that might lead to the unlawful disclosure of 
classified information to which such employee had access. Assist-
ance provided under this section for an employee shall not be 
provided any longer than five years after the termination of the 
employment of the employee. 
"(b) The Director of the National Security Agency shall report 
annually to the Committees on Appropriations of the Senate and 
House of Representatives, the Select Committee on Intelligence of 
the Senate, and the Permanent Select Committee on Intelligence of 
the House of Representatives with respect to any expenditure made 
pursuant to this section.". 
PUBLIC LAW 102-88—AUG. 14, 1991 
105 STAT. 437 
SEC. 504. USE OF COMMERCIAL ACTIVITIES AS COVER SUPPORT TO 
INTELLIGENCE COLLECTION ACTIVITIES OF THE DEPART-
MENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 21 of title 10, United States Code, is 
amended— 
(1) by inserting after the chapter heading the following: 
"Subchapter 
Sec. 
"I. Greneral Matters 
421 
"II. Intelligence Commercial Activities 
431 
"SUBCHAPTER I—GENERAL MATTERS"; 
and 
(2) by adding at the end the following: 
"SUBCHAPTER II—INTELLIGENCE COMMERCIAL 
ACTIVITIES 
"431. Authority to engage in commercial activities as security for intelligence col-
lection activities. 
"432. Use, disposition, and auditing of funds. 
"433. Relationship with other Federal laws. 
"434. Reservation of defenses and immunities. 
"435. Limitations. 
"436. Regulations. 
"437. Congressional oversight. 
"§ 431. Authority to engage in commercial activities as security for 
intelligence collection activities 
"(a) AUTHORITY.—The Secretary of Defense, subject to the provi-
sions of this subchapter, may authorize the conduct of those 
commercial activities necessary to provide security for authorized 
intelligence collection activities abroad undertEiken by the Depart-
ment of Defense. No commercial activity may be initiated pursuant 
to this subchapter after December 31,1995. 
"(b) INTERAGENCY COORDINATION AND SUPPORT.—Any such activ-
ity shall— 
"(1) be coordinated with, and (where appropriate) be sup-
ported by, the Director of Central Intelligence; and 
"(2) to the extent the activity takes place within the United 
States, be coordinated with, and (where appropriate) be sup-
ported by, the Director of the Federal Bureau of Investigation. 
"(c) DEFINITIONS.—In this subchapter: 
"(1) The term 'commercial activities' means activities that are 
conducted in a manner consistent with prevailing commercial 
practices and includes— 
"(A) the acquisition, use, sale, storage and disposal of 
goods and services; 
"(B) entering into employment contracts and leases and 
other agreements for real and personal property; 
"(C) depositing funds into and withdrawing funds from 
domestic and foreign commercial business or 
financial 
institutions; 
"(D) acquiring licenses, registrations, permits, and insur-
ance; and 
"(E) establishing corporations, partnerships, and other 
legal entities. 
105 STAT. 438 
PUBLIC LAW 102-88—AUG. 14, 1991 
"(2) The term 'intelligence collection activities' means the 
collection 
of foreign 
intelligence 
and 
counterintelligence 
information. 
"§ 432. Use, disposition, and auditing of funds 
"(a) USE OF FUNDS.—Funds generated by a commercial activity 
authorized pursuant to this subchapter may be used to offset nec-
essary and reasonable expenses arising from that activity. Use of 
such funds for that purpose shall be kept to the minimum necessary 
to conduct the activity concerned in a secure manner. Any funds 
generated by the activity in excess of those required for that purpose 
shall be deposited, as often as may be practicable, into the Treasury 
as miscellaneous receipts. 
"(b) AUDITS.—(1) The Secretary of Defense shall assign an 
organization within the Department of Defense to have auditing 
responsibility with respect to activities authorized under this sub-
chapter. 
\ 
"(2) That organization shall audit the use and disposition of funds 
generated by any commercial activity authorized under this sub-
chapter not less often than annually. The results of all such audits 
shall be promptly reported to the intelligence committees (as de-
fined in section 437(d) of this title). 
"§ 433. Relationship with other Federal laws 
"(a) IN GENERAL.—Except as provided by subsection (b), a commer-
cial activity conducted pursuant to this subchapter shall be carried 
out in accordance with applicable Federal law. 
"(b) AUTHORIZATION OF WAIVERS WHEN NECESSARY TO MAINTAIN 
SECURITY.—(1) If the Secretary of Defense determines, in connection 
with a commercial activity authorized pursuant to section 431 of 
this title, that compliance with certain Federal laws or regulations 
pertaining to the management and administration of Federal agen-
cies would create an unacceptable risk of compromise of an au-
thorized intelligence activity, the Secretary may, to the extent 
necessary to prevent such compromise, waive compliance with such 
laws or regulations. 
"(2) Any determination and waiver by the Secretary under para-
graph (1) shall be made in writing and shall include a specification 
of the laws and regulations for which compliance by the commercial 
activity concerned is not required consistent with this section. 
"(3) The authority of the Secretary under paragraph (1) may be 
delegated only to the Deputy Secretary of Defense, an Under Sec-
retary of Defense, an Assistant Secretary of Defense, or a Secretary 
of a military department. 
"(c) FEDERAL LAWS AND REGULATIONS.—For purposes of this sec-
tion. Federal laws and regulations pertaining to the management 
and administration of Federal agencies are only those Federal laws 
and regulations pertaining to the following: 
"(1) The receipt and use of appropriated and nonappropriated 
funds. 
"(2) The acquisition or management of property or services. 
"(3) Information disclosure, retention, and management. 
"(4) The emplo3nnent of personnel. 
"(5) Payments for travel and housing. 
"(6) The establishment of legal entities or government 
instrumentalities. 
PUBLIC LAW 102-88—AUG. 14, 1991 
105 STAT. 439 
"(7) Foreign trade or financial transaction restrictions that 
would reveal the commercial activity £is an activity of the 
United States Government. 
"§ 434. Reservation of defenses and immunities 
"The submission to judicial proceedings in a State or other legal 
jurisdiction, in connection with a commercial activity undertaken 
pursuant to this subchapter, shall not constitute a waiver of the 
defenses and immunities of the United States. 
"§ 435. Limitations 
"(a) LAWFUL ACTIVITIES.—Nothing in this subchapter authorizes 
the conduct of any intelligence activity that is not otherwise au-
thorized by law or Executive order. 
"(b) DOMESTIC ACTIVITIES.—Personnel conducting commercial 
activity authorized by this subchapter may only engage in those 
activities in the United States to the extent necessary to support 
intelligence activities abroad. 
"(c) PROVIDING GOODS AND SERVICES TO THE DEPARTMENT OF DE-
FENSE.—Commercial activity may not be undertaken within the 
United States for the purpose of providing goods and services to the 
Department of Defense, other than as may be necessary to provide 
security for the activities subject to this subchapter. 
"(d) NOTICE TO UNITED STATES PERSONS.—(1) In carrying out 
a 
commercial activity authorized under this subchapter, the Secretary 
of Defense may not permit an entity engaged in such activity to 
employ a United States person in an operational, managerial, or 
supervisory position, and may not assign or detail a United States 
person to perform operational, managerial, or supervisory duties for 
such an entity, unless that person is informed in advance of the 
^ 
intelligence security purpose of that activity. 
"(2) In this subsection, the term 'United States person' means an 
individual who is a citizen of the United States or an alien lawfully 
admitted to the United States for permanent residence. 
"§436. Regulations 
"The Secretary of Defense shall prescribe regulations to imple-
ment the authority provided in this subchapter. Such regulations 
shall be consistent with this subchapter and shall at a minimum— 
"(1) specify all elements of the Department of Defense who 
are authorized to engage in commercial activities pursuant to 
this subchapter; 
"(2) require the personal approval of the Secretary or Deputy 
Secretary of Defense for all sensitive activities to be authorized 
pursuant to this subchapter; 
"(3) specify all officials who are authorized to grant waivers of 
laws or regulations pursuant to section 433(b) of this title, or to 
approve the establishment or conduct of commercial activities 
pursuant to this subchapter; 
"(4) designate a single office within the Defense Intelligence 
Agency to be responsible for the management and supervision 
of all activities authorized under this subchapter; 
"(5) require that each commercial activity proposed to be 
authorized under this subchapter be subject to appropriate legal 
review before the activity is authorized; and 
"(6) provide for appropriate internal audit controls and over-
sight for such activities. 
105 STAT. 440 
PUBLIC LAW 102-88—AUG. 14, 1991 
"§ 437. Congressional oversight 
"(a) PROPOSED REGULATIONS.—Copies of regulations proposed to be 
prescribed under section 436 of this title (including any proposed 
revision to such regulations) shall be submitted to the intelligence 
committees not less than 30 days before they take effect. 
"0)) CURRENT INFORMATION.—Consistent with title V of the Na-
tional Security Act of 1947 (50 U.S.C. 413 et seq.), the Secretary of 
Defense shall ensure that the intelligence committees are kept fully 
and currently informed of actions taken pursuant to this sub-
chapter, including any significant anticipated activity to be au-
thorized pursuant to this subchapter. The Secretary shall promptly 
notify the appropriate committees of Congress whenever a corpora-
tion, partnership, or other legal entity is established pursuant to 
this subchapter. 
"(c) ANNUAL REPORT.—Not later than January 15 of each year, 
the Secretary shall submit to the appropriate committees of Con-
gress a report on all commercial activities authorized under this 
subchapter that were undertaken during the previous fiscal year. 
Such report shall include (with respect to the fiscal year covered by 
the report)— 
"(1) a description of any exercise of the authority provided by 
section 433(b) of this title; 
"(2) a description of any expenditure of funds made pursuant 
to this subchapter (whether from appropriated or non-appro-
priated funds); and 
"(3) a description of any actions taken with respect to audits 
conducted pursuant to section 432 of this title to implement 
recommendations or correct deficiencies identified in such 
audits. 
"(d) INTELLIGENCE COMMITTEES DEFINED.—In this section, the term 
'intelligence committees' means the Select Committee on Intel-
ligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives.". 
10 ysc 431 
(b) EFFECTIVE DATE.—The Secretary of Defense may not authorize 
any activity under section 431 of title 10, United States Code, as 
added by subsection (a), until the later of— 
(1) the end of the 90-day period beginning on the date of the 
enactment of this Act; or 
(2) the effective date of regulations first prescribed under 
section 436 of such title, as added by subsection (a). 
SEC. 505. DISCLOSURE TO MEMBERS OF CONGRESS OF A CLASSIFIED 
DEFENSE INTELLIGENCE AGENCY REPORT RELATING TO 
MILITARY PERSONNEL LISTED AS PRISONER, MISSING, OR 
UNACCOUNTED FOR 
The Secretary of Defense shall provide to any Member of Con-
gress, upon request, full and complete access to the classified report 
of the Defense Intelligence Agency commonly known as the Tighe 
Report, relating to efforts by the Special Office for Prisoners of 
War/Missing in Action of the Defense Intelligence Agency to fully 
account for United States military personnel listed as prisoner, 
missing, or unaccounted for in military actions. The Secretary may 
withhold from disclosure under the preceding sentence any material 
that in the judgment of the Secretary would compromise sources 
and methods of intelligence. 
note. 
PUBLIC LAW 102-88—AUG. 14, 1991 
105 STAT. 441 
TITLE VI—OVERSIGHT OF INTELLIGENCE 
ACTIVITIES 
SEC. 601. REPEAL OF HUGHES-RYAN AMENDMENT. 
Section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422) 
is repealed. 
SEC. 602. OVERSIGHT OF INTELLIGENCE ACTIVITIES. 
(a) IN GENERAL.—Title V of the National Security Act of 1947 is 
amended— 
(1) by redesignating sections 502 and 503 as sections 504 and 50 use 414, 415. 
505, respectively; and 
(2) by striking out section 501 (50 U.S.C. 413) and inserting in 
lieu thereof the following new sections: 
"GENERAL CONGRESSIONAL OVERSIGHT PROVISIONS 
"SEC. 501. (aXD The President shall ensure that the intelligence President, 
committees are kept fully and currently informed of the intelligence ^^ ^°^ ^^^• 
activities of the United States, including any significant anticipated 
intelligence activity as required by this title. 
"(2) As used in this title, the term 'intelligence committees' means 
the Select Committee on Intelligence of the Senate and the Perma-
nent Select Committee on Intelligence of the House of Representa-
tives. 
"(3) Nothing in this title shall be construed as requiring the 
approval of the intelligence committees as a condition precedent to 
the initiation of any significant anticipated intelligence activity. 
"(b) The President shall ensure that £iny illegal intelligence activ-
ity is reported promptly to the intelligence committees, as well as 
any corrective action that has been t£^en or is planned in connec-
tion with such illegal activity. 
"(c) The President and the intelligence committees shall each 
establish such procedures as may be necessary to carry out the 
provisions of this title. 
"(d) The House of Representatives and the Senate shall each 
establish, by rule or resolution of such House, procedures to protect 
from unauthorized disclosure all classified information, and all 
information relating to intelligence sources and methods, that is 
furnished to the intelligence committees or to Members of Congress 
under this title. Such procedures shall be established in consultation 
with the Director of Central Intelligence. In accordance with such 
procedures, each of the intelligence committees shall promptly call 
to the attention of its respective House, or to any appropriate 
committee or committees of its respective House, any matter relat-
ing to intelligence activities requiring the attention of such House or 
such committee or committees. 
"(e) Nothing in this Act shall be construed as authority to with-
hold information from the intelligence committees on the grounds 
that providing the information to the intelligence committees would 
constitute the unauthorized disclosure of classified information or 
information relating to intelligence sources and methods. 
"(f) As used in this section, the term 'intelligence activities' 
includes covert actions as defined in section 503(e). 
105 STAT. 442 
PUBLIC LAW 102-88—AUG. 14, 1991 
"REPORTING OF INTELLIGENCE ACTIVITIES OTHER THAN COVERT 
ACTIONS 
50 use 413a. 
"SEC. 502, To the extent consistent with due regard for the 
protection from unauthorized disclosure of classified information 
relating to sensitive intelligence sources and methods or other 
exceptionally sensitive matters, the Director of Central Intelligence 
and the heads of all departments, agencies, and other entities of the 
United States Government involved in intelligence activities shall— 
"(1) keep the intelligence committees fully and currently 
informed of all intelligence activities, other than a covert action 
(as defined in section 503(e)), which are the responsibility of, are 
engaged in by, or are carried out for or on behalf of, any 
department, agency, or entity of the United States Government, 
including any significant anticipated intelligence activity and 
any significant intelligence failure; and 
"(2) furnish the intelligence committees any information or 
material concerning intelligence activities, other than covert 
actions, which is within their custody or control, and which is 
requested by either of the intelligence committees in order to 
carry out its authorized responsibilities. 
"PRESIDENTIAL APPROVAL AND REPORTING OF COVERT ACTIONS 
50 use 413b. 
"SEC. 503. (a) The President may not authorize the conduct of a 
covert action by departments, agencies, or entities of the United 
States Government unless the President determines such an action 
is necessary to support identifiable foreign policy objectives of the 
United States and is important to the national security of the 
United States, which determination shall be set forth in a finding 
that shall meet each of the following conditions: 
"(1) Each finding shall be in writing, unless immediate action 
by the United States is required and time does not permit the 
preparation of a written finding, in which case a written record 
of the President's decision shall be contemporaneously made 
and shall be reduced to a written finding as soon as possible but 
in no event more than 48 hours after the decision is made. 
"(2) Except as permitted by paragraph (1), a finding may not 
authorize or sanction a covert action, or any aspect of any such 
action, which already has occurred. 
"(3) Each finding shall specify each department, agency, or 
entity of the United States Government authorized to fund or 
otherwise participate in any significant way in such action. Any 
employee, contractor, or contract agent of a department, 
agency, or entity of the United States Government other than 
the Central Intelligence Agency directed to participate in any 
way in a covert action shall be subject either to the policies and 
regulations of the Central Intelligence Agency, or to written 
policies or regulations adopted by such department, agency, or 
entity, to govern such participation. 
"(4) Each finding shall specify whether it is contemplated that 
any third party which is not an element of, or a contractor or 
contract Eigent of, the United States Government, or is not 
otherwise subject to United States Government policies and 
regulations, will be used to fund or otherwise participate in any 
significant way in the covert action concerned, or be used to 
PUBLIC LAW 102-88—AUG. 14, 1991 
105 STAT. 443 
undertake the covert action concerned on behalf of the United 
States. 
"(5) A finding may not authorize any action that would 
violate the Constitution or any statute of the United States. 
"G)) To the extent consistent with due regard for the protection 
from unauthorized disclosure of classified information relating to 
sensitive intelligence sources and methods or other exceptionally 
sensitive matters, the Director of Central Intelligence and the heacfc 
of all departments, agencies, and entities of the United States 
Government involved in a covert action— 
"(1) shall keep the intelligence committees fully and currently 
informed of all covert actions which are the responsibility of, 
are engaged in by, or are carried out for or on behalf of, any 
department, agency, or entity of the United States Government, 
including significant failures; and 
"(2) shall furnish to the intelligence committees £iny informa-
tion or material concerning covert actions which is in the 
possession, custody, or control of any department, agency, or 
entity of the United States Government and which is requested 
by either of the intelligence committees in order to carry out its 
authorized responsibilities. 
"(c)(1) The President shall ensure that any finding approved 
pursuant to subsection (a) shall be reported to the intelligence 
committees as soon £is possible after such approval and before the 
initiation of the covert action authorized by the finding, except as 
otherwise provided in parsigraph (2) and paragraph (3). 
"(2) If the President determines that it is essentisil to limit access 
to the finding to meet extraordinary circumstances affecting vital 
interests of the United States, the finding may be reported to the 
chairmen and reinking minority members of the intelligence 
committees, the Speaker gind minority leader of the House of Rep-
resentatives, the majority £ind minority leaders of the Senate, and 
such other member or members of the congressional leadership as 
may be included by the President. 
"(3) Whenever a finding is not reported pursuant to paragraph (1) 
or (2) of this section, the President shall fully inform the intelligence 
committees in a timely fsishion and shall provide a statement of the 
reasons for not giving prior notice. 
"(4) In a case under paragraph (1), (2), or (3), a copy of the finding, 
signed by the President, shall be provided to the chairman of each 
intelligence committee. When access to a finding is limited to the 
Members of Congress specified in paragraph (2), a statement of the 
reasons for limiting such access shall also be provided. 
"(d) The President shall ensure that the intelligence committees, 
or, if applicable, the Members of Congress specified in subsection 
(c)(2), are notified of any significant change in a previously approved 
covert action, or any significant undertaking pursuant to a pre-
viously approved finding, in the same manner as findings are re-
ported pursuant to subsection (c). 
"(e) As used in this title, the term 'covert action' means an 
activity or activities of the United States Government to influence 
political, economic, or military conditions abroad, where it is in-
tended that the role of the United States Government will not be 
apparent or acknowledged publicly, but does not include— 
"(1) activities the primary purpose of which is to acquire 
intelligence, traditional counterintelligence activities, tradi-
tional activities to improve or maintain the operational security 
105 STAT. 444 
PUBLIC LAW 102-88—AUG. 14, 1991 
of United States Government programs, or administrative 
activities; 
"(2) traditional diplomatic or military activities or routine 
support to such activities; 
'(3) traditional law enforcement activities conducted by 
United States Government law enforcement agencies or routine 
support to such activities; or 
'(4) activities to provide routine support to the overt activities 
(other than activities described in paragraph (1), (2), or (3)) of 
other United States Government agencies abroad. 
"(f) No covert action may be conducted which is intended to 
influence United States political processes, public opinion, policies, 
or media.". 
(b) CLERICAL AMENDMENT.—The table of contents in the first 
section of the National Security Act of 1947 is amended by striking 
out the items relating to sections 501, 502, and 503 and inserting in 
lieu thereof the following: 
"Sec. 501. General congressional oversight provisions. 
"Sec. 502. Reporting of intelligence activities other than covert actions. 
"Sec. 503. Presidential approval and reporting of covert actions. 
"Sec. 504. Funding of intelligence activities. 
"Sec. 505. Notice to Ck)ngress of certain transfers of defense articles and defense 
services.". 
(c) CONFORMING AMENDMENTS.—(1) Section 504 of the National 
50 use 414. 
Security Act of 1947, as redesignated by subsection (a), is amended 
in subsection (aX2) by striking out "section 501" and inserting in lieu 
thereof "section 503". 
(2) Section 505 of such Act (50 U.S.C. 415), as redesignated by 
subsection (a), is amended in subsection (a)(1) by striking out "sec-
tion 501 of this Act" and inserting in lieu thereof "this title". 
(3) Sections 167(g) and 2547(c) of title 10, United States Code, are 
amended— 
(A) by striking out "would require—" and all that follows 
through "a notice" and inserting in lieu thereof "would require 
a notice"; and 
(B) by striking out "section 501(a)(1) of the National Security 
Act of 1947 (50 U.S.C. 413)" and inserting in lieu thereof "title V 
of the National Security Act of 1947 (50 U.S.C. 413 et seq.)". 
SEC. 603. LIMITATIONS ON USE OF FUNDS. 
Section 504 of the National Security Act of 1947 (50 U.S.C. 414), as 
redesignated by section 602(a) and amended by section 602(c), is 
further amended— 
(1) by redesignating subsection (c) as subsection (e); and 
(2) by inserting after subsection (b) the following new subsec-
tions: 
"(c) No funds appropriated for, or otherwise available to, any 
department, agency, or entity of the United States Government may 
be expended, or may be directed to be expended, for any covert 
action, as defined in section 503(e), unless and until a Presidential 
finding required by subsection (a) of section 503 has been signed or 
otherwise issued in accordance with that subsection. 
"(d)(1) Except as otherwise specifically provided by law, funds 
available to an intelligence agency that are not appropriated funds 
may be obligated or expended for an intelligence or intelligence-
related activity only if those funds are used for activities reported to 
the appropriate congressional committees pursuant to procedures 
which identify— 
PUBLIC LAW 102-88—AUG. 14, 1991 
105 STAT. 445 
"(A) the tjrpes of activities for which nonappropriated funds 
may be expended; and 
"(B) the circumstances under which an activity must be 
v 
reported as a significant anticipated intelligence activity before 
such funds can be expended. 
"(2) Procedures for purposes of paragraph (1) shall be jointly 
agreed upon by the intelligence committees and, as appropriate, the 
Director of Central Intelligence or the Secretary of Defense.". 
SEC. 604. TRANSFERS OF DEFENSE ARTICLES OR SERVICES. 
Section 505 of the National Security Act of 1947 (50 U.S.C. 415), as 
redesignated by section 602(a), is amended by inserting ", or the 
anticipated transfer in any fiscal year of any aggregation of defense 
articles or defense services," in subsection (aXD after "service". 
Approved August 14, 1991. 
LEGISLATIVE HISTORY—H.R. 1455 (S. 1325): 
HOUSE REPORTS: Nos. 102-37 (Permanent Select Comm. on Intelligence) and 
102-166 (Comm. of Conference). 
SENATE REPORTS: No. 102-85 accompanying S. 1325 (Select Comm. on Intelligence). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
May 1, considered and passed House. 
June 28, H.R. 1455 considered and passed Senate, amended, in lieu of S. 1325. 
July 31, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Aug. 14, Presidential statement.