[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2330 Enrolled Bill (ENR)]
H.R.2330
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To authorize appropriations for fiscal year 1994 for the intelligence
and intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House or Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Authorization Act for
Fiscal Year 1994''.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1994
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The National Reconnaissance Office.
(6) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Federal Bureau of Investigation.
(11) The Drug Enforcement Administration.
(12) The Central Imagery Office.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 1994, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
H.R. 2330 of the One Hundred Third Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees 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.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--The Director of Central Intelligence
may authorize employment for civilian personnel in excess of the number
authorized for fiscal year 1994 under section 102 of this Act when the
Director determines that such action is necessary to the performance of
important intelligence functions, except that such number may not, for
any element of the intelligence community, exceed 2 percent of the
number of civilian personnel authorized under such section for such
element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall promptly notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate whenever the Director exercises the authority
granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Community Management Account of the Director of
Central Intelligence for fiscal year 1994 the sum of $113,800,000.
Within such amounts authorized, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for the
Advanced Research and Development Committee and the Environmental Task
Force shall remain available until September 30, 1995.
(b) Authorized Personnel Levels.--The Community Management Account
of the Director of Central Intelligence is authorized 222 full-time
personnel as of September 30, 1994. Such personnel of the Community
Management Account may be permanent employees of the Community
Management Account or personnel detailed from other elements of the
United States Government.
(c) Reimbursement.--During fiscal year 1994, any officer or employee
of the United States or a member of the Armed Forces who is detailed to
the Community Management Staff from another element of the United States
Government shall be detailed on a reimbursable basis, except that any
such officer, employee or member may be detailed on a nonreimbursable
basis for a period of less than one year for the performance of
temporary functions as required by the Director of Central Intelligence.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 1994 the sum of
$182,300,000.
SEC. 202. TECHNICAL CORRECTIONS.
(a) In General.--The Central Intelligence Agency Retirement Act is
amended--
(1) in section 101(7) (50 U.S.C. 2001(7))--
(A) by striking the comma after ``basic pay'' and inserting
in lieu thereof ``and''; and
(B) by striking ``, and interest determined under section
281'';
(2) in section 201(c) (50 U.S.C. 2011(c)), by striking ``the
proviso of section 102(d)(3) of the National Security Act of 1947
(50 U.S.C. 403(d)(3))'' and inserting in lieu thereof ``section
103(c)(5) of the National Security Act of 1947 (50 U.S.C. 403-
3(c)(5))'';
(3) in section 211(c)(2)(B) (50 U.S.C. 2021(c)(2)(B)), by
striking ``the requirement under section 241(b)(4)'' and inserting
in lieu thereof ``prior notification of a current spouse, if any,
unless the participant establishes to the satisfaction of the
Director, in accordance with regulations which the Director may
prescribe, that the participant does not know, and has taken all
reasonable steps to determine, the whereabouts of the current
spouse'';
(4) in section 221 (50 U.S.C. 2031)--
(A) by striking ``(or, in the case of an annuity computed
under section 232 and based on less than 3 years, over the total
service)'' in subsection (a)(4);
(B) in subsection (f)(1)(A)--
(i) by inserting ``after the participant's death''
before the period in the first sentence; and
(ii) by striking ``after the participant's death'' in
the second sentence;
(C) by striking ``(or is remarried'' in subsection (g)(1)
and inserting in lieu thereof ``(or is remarried,''; and
(D) by striking ``(except as provided in paragraph (2))'' in
subsection (j);
(5) in section 222 (50 U.S.C. 2032)--
(A) by striking ``other'' the first place it appears in
subsection (a)(7) and inserting in lieu thereof ``survivor'';
(B) by inserting ``the participant'' before ``or does not
qualify'' in subsection (c)(3)(C); and
(C) by inserting ``spouse's or the'' after ``month before
the'' in subsection (c)(4);
(6) in section 224(c)(1)(B)(i) (50 U.S.C. 2034(c)(1)(B)(i)), by
striking ``former participant'' and inserting in lieu thereof
``retired participant'';
(7) in section 225(c) (50 U.S.C. 2035(c))--
(A) by striking ``other'' the first place it appears in
paragraph (3) and inserting in lieu thereof ``survivor''; and
(B) by striking ``1991'' in paragraph (4)(A) and inserting
in lieu thereof ``1990'';
(8) in section 231(d)(2) (50 U.S.C. 2051(d)(2)), by striking
``241(b)'' and inserting in lieu thereof ``241(a)'';
(9) in section 232(b)(4) (50 U.S.C. 2052(b)(4)), by striking
``section 222'' and inserting in lieu thereof ``section 224'';
(10) in section 234(b) (50 U.S.C. 2054(b)), by striking
``sections 241 and 281'' and inserting in lieu thereof ``section
241'';
(11) in section 241 (50 U.S.C. 2071)--
(A) by striking ``A lump-sum benefit that would have been
payable to a participant, former participant, or annuitant, or
to a survivor annuitant, authorized by subsection (d) or (e) of
this section or by section 234(b) or 281(d)'' in subsection (c)
and inserting in lieu thereof ``A lump-sum payment authorized by
subsection (d) or (e) of this section 281(d) and a payment of
any accrued and unpaid annuity authorized by subsection (f) of
this section''; and
(B) by redesignating subsection (f) as subsection (g) and
inserting after subsection (e) the following new subsection:
``(f) Payment of Accrued and Unpaid Annuity When Retired Participant
Dies.--If a retired participant dies, any annuity accrued and unpaid
shall be paid in accordance with subsection (c).'';
(12) in section 264(b) (50 U.S.C. 2094)--
(A) by inserting ``and'' after the semicolon at the end of
paragraph (2);
(B) by striking ``and to any payment of a return of
contributions under section 234(a); and'' in paragraph (3) and
inserting in lieu thereof ``, and the amount of any such
payment;''; and
(C) by striking paragraph (4);
(13) in section 265 (50 U.S.C. 2095), by striking ``Act'' in
both places it appears and inserting in lieu thereof ``title'';
(14) in section 291(b)(2) (50 U.S.C. 2131(b)(2)), by striking
``or section 232(c)''; and
(15) in section 304(i)(1) (50 U.S.C. 2154(i)(1)), by striking
``section 102(a)(3)'' and inserting in lieu thereof ``section
102(a)(4)''.
(b) Retroactive Effective Date.--The amendments made by subsection
(a) shall take effect as of February 1, 1993.
SEC. 203. SURVIVOR ANNUITY, RETIREMENT ANNUITY, AND HEALTH BENEFITS
FOR CERTAIN EX-SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES.
(a) Survivor Annuity.--
(1) In general.--
(A) Entitlement of former wife or husband.--Any person who
was divorced on or before December 4, 1991, from a participant
or retired participant in the Central Intelligence Agency
Retirement and Disability System and who was married to such
participant for not less than 10 years during such participant's
creditable service, at least five years of which were spent by
the participant during the participant's service as an employee
of the Central Intelligence Agency outside the United States, or
otherwise in a position the duties of which qualified the
participant for designation by the Director of Central
Intelligence as a participant under section 203 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2013), shall be
entitled, except to the extent such person is disqualified under
paragraph (2), to a survivor annuity equal to 55 percent of the
greater of--
(i) the unreduced amount of the participant's annuity,
as computed under section 221(a) of such Act; or
(ii) the unreduced amount of what such annuity as so
computed would be if the participant had not elected payment
of the lump-sum credit under section 294 of such Act.
(B) Reduction in survivor annuity.--A survivor annuity
payable under this subsection shall be reduced by an amount
equal to any survivor annuity payments made to the former wife
or husband under section 226 of such Act.
(2) Limitations.--A former wife or husband is not entitled to a
survivor annuity under this subsection if--
(A) the former wife or husband remarries before age 55,
except that the entitlement of the former wife or husband to
such a survivor annuity shall be restored on the date such
remarriage is dissolved by death, annulment, or divorce;
(B) the former wife or husband is less than 50 years of age;
or
(C) the former wife or husband meets the definition of
``former spouse'' that was in effect under section 204(b)(4) of
the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees before December 4, 1991.
(3) Commencement and termination of annuity.--
(A) Commencement of annuity.--The entitlement of a former
wife or husband to a survivor annuity under this subsection
shall commence--
(i) in the case of a former wife or husband of a
participant or retired participant who is deceased as of
October 1, 1994, beginning on the later of--
(I) the 60th day after such date; or
(II) the date on which the former wife or husband
reaches age 50; and
(ii) in the case of any other former wife or husband,
beginning on the latest of--
(I) the date on which the participant or retired
participant to whom the former wife or husband was
married dies;
(II) the 60th day after October 1, 1994; or
(III) the date on which the former wife or husband
attains age 50.
(B) Termination of annuity.--The entitlement of a former
wife or husband to a survivor annuity under this subsection
terminates on the last day of the month before the former wife's
or husband's death or remarriage before attaining age 55. The
entitlement of a former wife or husband to such a survivor
annuity shall be restored on the date such remarriage is
dissolved by death, annulment, or divorce.
(4) Election of benefits.--A former wife or husband of a
participant or retired participant shall not become entitled under
this subsection to a survivor annuity or to the restoration of the
survivor annuity unless the former wife or husband elects to receive
it instead of any other survivor annuity to which the former wife or
husband may be entitled under the Central Intelligence Agency
Retirement and Disability System or any other retirement system for
Government employees on the basis of a marriage to someone other
than the participant.
(5) Application.--
(A) Time limit; waiver.--A survivor annuity under this
subsection shall not be payable unless appropriate written
application is provided to the Director, complete with any
supporting documentation which the Director may by regulation
require. Any such application shall be submitted not later than
October 1, 1995. The Director may waive the application deadline
under the preceding sentence in any case in which the Director
determines that the circumstances warrant such a waiver.
(B) Retroactive benefits.--Upon approval of an application
provided under subparagraph (A), the appropriate survivor
annuity shall be payable to the former wife or husband with
respect to all periods before such approval during which the
former wife or husband was entitled to such annuity under this
subsection, but in no event shall a survivor annuity be payable
under this subsection with respect to any period before October
1, 1994.
(6) Restoration of annuity.--Notwithstanding paragraph (5)(A),
the deadline by which an application for a survivor annuity must be
submitted shall not apply in cases in which a former spouse's
entitlement to such a survivor annuity is restored after October 1,
1994, under paragraph (2)(A) or (3)(B).
(7) Applicability in cases of participants transferred to
fers.--
(A) Entitlement.--Except as provided in paragraph (2), this
subsection shall apply to a former wife or husband of a
participant under the Central Intelligence Agency Retirement and
Disability System who has elected to become subject to chapter
84 of title 5, United States Code.
(B) Amount of annuity.--The survivor annuity of a person
covered by subparagraph (A) shall be equal to 50 percent of the
unreduced amount of the participant's annuity computed in
accordance with section 302(a) of the Federal Employees'
Retirement System Act of 1986 and shall be reduced by an amount
equal to any survivor annuity payments made to the former wife
or husband under section 8445 of title 5, United States Code.
(b) Retirement Annuity.--
(1) In general.--
(A) Entitlement of former wife or husband.--A person
described in subsection (a)(1)(A) shall be entitled, except to
the extent such former spouse is disqualified under paragraph
(2), to an annuity--
(i) if married to the participant throughout the
creditable service of the participant, equal to 50 percent
of the annuity of the participant; or
(ii) if not married to the participant throughout such
creditable service, equal to that former wife's or husband's
pro rata share of 50 percent of such annuity (determined in
accordance with section 222(a)(1)(B) of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2032
(a)(1)(B)).
(B) Reduction in retirement annuities.--
(i) Amount of reduction.--An annuity payable under this
subsection shall be reduced by an amount equal to any
apportionment payments payable to the former wife or husband
pursuant to the terms of a court order incident to the
dissolution of the marriage of such former spouse and the
participant, former participant, or retired participant.
(ii) Definition of terms.--For purposes of clause (i):
(I) Apportionment.--The term ``apportionment'' means
a portion of a retired participant's annuity payable to
a former wife or husband either by the retired
participant or the Government in accordance with the
terms of a court order.
(II) Court order.--The term ``court order'' means
any decree of divorce or annulment or any court order or
court-approved property settlement agreement incident to
such decree.
(2) Limitations.--A former wife or husband is not entitled to an
annuity under this subsection if--
(A) the former wife or husband remarries before age 55,
except that the entitlement of the former wife or husband to an
annuity under this subsection shall be restored on the date such
remarriage is dissolved by death, annulment, or divorce;
(B) the former wife or husband is less than 50 years of age;
or
(C) the former wife or husband meets the definition of
``former spouse'' that was in effect under section 204(b)(4) of
the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees before December 4, 1991.
(3) Commencement and termination.--
(A) Retirement annuities.--The entitlement of a former wife
or husband to an annuity under this subsection--
(i) shall commence on the later of--
(I) October 1, 1994;
(II) the day the participant upon whose service the
right to the annuity is based becomes entitled to an
annuity under such Act; or
(III) such former wife's or husband's 50th birthday;
and
(ii) shall terminate on the earlier of--
(I) the last day of the month before the former wife
or husband dies or remarries before 55 years of age,
except that the entitlement of the former wife or
husband to an annuity under this subsection shall be
restored on the date such remarriage is dissolved by
death, annulment, or divorce; or
(II) the date on which the annuity of the
participant terminates.
(B) Disability annuities.--Notwithstanding subparagraph
(A)(i)(II), in the case of a former wife or husband of a
disability annuitant--
(i) the annuity of the former wife or husband shall
commence on the date on which the participant would qualify
on the basis of the participant's creditable service for an
annuity under the Central Intelligence Agency Retirement Act
(other than a disability annuity) or the date the disability
annuity begins, whichever is later; and
(ii) the amount of the annuity of the former wife or
husband shall be calculated on the basis of the annuity for
which the participant would otherwise so qualify.
(C) Election of benefits.--A former wife or husband of a
participant or retired participant shall not become entitled
under this subsection to an annuity or to the restoration of an
annuity unless the former wife or husband elects to receive it
instead of any survivor annuity to which the former wife or
husband may be entitled under the Central Intelligence Agency
Retirement and Disability System or any other retirement system
for Government employees on the basis of a marriage to someone
other than the participant.
(D) Application.--
(i) Time limit; waiver.--An annuity under this
subsection shall not be payable unless appropriate written
application is provided to the Director of Central
Intelligence, complete with any supporting documentation
which the Director may by regulation require, not later than
October 1, 1995. The Director may waive the application
deadline under the preceding sentence in any case in which
the Director determines that the circumstances warrant such
a waiver.
(ii) Retroactive benefits.--Upon approval of an
application under clause (i), the appropriate annuity shall
be payable to the former wife or husband with respect to all
periods before such approval during which the former wife or
husband was entitled to an annuity under this subsection,
but in no event shall an annuity be payable under this
subsection with respect to any period before October 1,
1994.
(4) Restoration of annuities.--Notwithstanding paragraph
(3)(D)(i), the deadline by which an application for a retirement
annuity must be submitted shall not apply in cases in which a former
spouse's entitlement to such annuity is restored after October 1,
1994, under paragraph (2)(A) or (3)(A)(ii).
(5) Applicability in cases of participants transferred to
fers.--The provisions of this subsection shall apply to a former
wife or husband of a participant under the Central Intelligence
Agency Retirement and Disability System who has elected to become
subject to chapter 84 of title 5, United States Code. For purposes
of this paragraph, any reference in this section to a participant's
annuity under the Central Intelligence Agency Retirement and
Disability System shall be deemed to refer to the transferred
participant's annuity computed in accordance with section 302(a) of
the Federal Employee's Retirement System Act of 1986.
(6) Savings provision.--Nothing in this subsection shall be
construed to impair, reduce, or otherwise affect the annuity or the
entitlement to an annuity of a participant or former participant
under title II or III of the Central Intelligence Agency Retirement
Act.
(c) Health Benefits.--
(1) In general.--Section 16 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403p) is amended--
(A) by redesignating subsections (c) through (e) as
subsections (e) through (g), respectively; and
(B) by inserting after subsection (b) the following:
``(c) Eligibility of Former Wives or Husbands.--(1) Notwithstanding
subsections (a) and (b) and except as provided in subsections (d), (e),
and (f), an individual--
``(A) who was divorced on or before December 4, 1991, from a
participant or retired participant in the Central Intelligence
Agency Retirement and Disability System or the Federal Employees
Retirement System Special Category;
``(B) who was married to such participant for not less than ten
years during the participant's creditable service, at least five
years of which were spent by the participant during the
participant's service as an employee of the Agency outside the
United States, or otherwise in a position the duties of which
qualified the participant for designation by the Director of Central
Intelligence as a participant under section 203 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2013); and
``(C) who was enrolled in a health benefits plan as a family
member at any time during the 18-month period before the date of
dissolution of the marriage to such participant;
is eligible for coverage under a health benefits plan.
``(2) A former spouse eligible for coverage under paragraph (1) may
enroll in a health benefits plan in accordance with subsection (b)(1),
except that the election for such enrollment must be submitted within 60
days after the date on which the Director notifies the former spouse of
such individual's eligibility for health insurance coverage under this
subsection.
``(d) Continuation of Eligibility.--Notwithstanding subsections (a),
(b), and (c) and except as provided in subsections (e) and (f), an
individual divorced on or before December 4, 1991, from a participant or
retired participant in the Central Intelligence Agency Retirement and
Disability System or Federal Employees' Retirement System Special
Category who enrolled in a health benefits plan following the
dissolution of the marriage to such participant may continue enrollment
following the death of such participant notwithstanding the termination
of the retirement annuity of such individual.''.
(2) Conforming amendments.--(A) Subsection (a) of such section
is amended by striking ``subsection (c)(1)'' and inserting in lieu
thereof ``subsection (e)''.
(B) Subsection (e)(2) of such section (as redesignated by
paragraph (1) of this section) is amended by inserting ``or to
subsection (d)'' after ``subsection (b)(1)''.
(d) Source of Payment for Annuities.--Annuities provided under
subsections (a) and (b) shall be payable from the Central Intelligence
Agency Retirement and Disability Fund maintained under section 202 of
the Central Intelligence Agency Retirement Act (50 U.S.C. 2012).
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
subsections (a) and (b) shall take effect as of October 1, 1994, the
amendments made by subsection (c) shall apply to individuals on and
after October 1, 1994, and no benefits provided pursuant to those
subsections shall be payable with respect to any period before
October 1, 1994.
(2) Section 16(d) of the Central Intelligence Agency Act of 1949
(as added by subsection (c) of this section) shall apply to
individuals beginning on the date of enactment of this Act.
SEC. 204. CROSS-REFERENCE CORRECTIONS TO REVISED CIARDS STATUTE.
(a) Annual Intelligence Authorization Acts.--Section 306 of the
Intelligence Authorization Act, Fiscal Year 1990 (50 U.S.C. 403r-1) is
amended by striking ``section 303 of the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees'' and inserting in lieu
thereof ``section 303 of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2153)''.
(b) Foreign Service Act of 1980.--The Foreign Service Act of 1980 is
amended--
(1) in section 853 (22 U.S.C. 4071b), by striking ``title II of
the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees'' in subsection (c) and inserting in lieu thereof ``title
II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011
et seq.)'';
(2) in section 854 (22 U.S.C. 4071c)--
(A) by striking ``title II of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees'' in
subsection (a)(3) and inserting in lieu thereof ``title II of
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011
et seq.)''; and
(B) by striking ``title III of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees'' in
subsection (d) and inserting in lieu thereof ``title III of the
Central Intelligence Agency Retirement Act (50 U.S.C. 2151 et
seq.)''; and
(3) in section 855 (22 U.S.C. 4071d), by striking ``under title
II of the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees or under section 302(a) or 303(b) of that Act'' in
subsection (b)(2)(A)(ii) and inserting in lieu thereof ``under title
II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011
et seq.) or under section 302(a) or 303(b) of that Act (50 U.S.C.
2152(a), 2153(b))''.
(c) Internal Revenue Code of 1986.--Section 3121(b)(5)(H)(i) of the
Internal Revenue Code of 1986 is amended by striking ``section 307 of
the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees'' and inserting in lieu thereof ``section 307 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2157)''.
(d) Social Security Act.--Section 210(a)(5)(H)(i) of the Social
Security Act (42 U.S.C. 410(a)(5)(H)(i)) is amended by striking
``section 307 of the Central Intelligence Agency Retirement Act of 1964
for Certain Employees'' and inserting in lieu thereof ``section 307 of
the Central Intelligence Agency Retirement Act (50 U.S.C. 2157)''.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED
BY LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or laws of the
United States.
SEC. 303. TEMPORARY PAY RETENTION FOR CERTAIN FBI EMPLOYEES.
(a) In General.--Section 406 of the Federal Employees Pay
Comparability Act of 1990 (104 Stat. 1467) is amended to read as
follows:
``SEC. 406. FBI NEW YORK FIELD DIVISION.
``(a) The total pay of an employee of the Federal Bureau of
Investigation assigned to the New York Field Division before the date of
September 29, 1993, in a position covered by the demonstration project
conducted under section 601 of the Intelligence Authorization Act for
Fiscal Year 1989 (Public Law 100-453) shall not be reduced as a result
of the termination of the demonstration project during the period that
employee remains employed after that date in a position covered by the
demonstration project.
``(b) Beginning on September 30, 1993, any periodic payment under
section 601(a)(2) of the Intelligence Authorization Act for Fiscal Year
1989 for any such employee shall be reduced by the amount of any
increase in basic pay under title 5, United States Code, including the
following provisions: an annual adjustment under section 5303, locality-
based comparability payment under section 5304, initiation or increase
in a special pay rate under section 5305, promotion under section 5334,
periodic step increase under section 5335, merit increase under section
5404, or other increase to basic pay under any provision of law.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect as of September 30, 1993, and shall apply to the pay of employees
to whom the amendment applies that is earned on or after that date.
SEC. 304. ANNUAL REPORT ON INTELLIGENCE COMMUNITY.
(a) Annual DCI Report.--Title I of the National Security Act of 1947
is amended by adding at the end the following new section:
``annual report on intelligence community activities
``Sec. 109. (a) In General.--The Director of Central Intelligence
shall submit to Congress an annual report on the activities of the
intelligence community. The annual report under this section shall be
unclassified.
``(b) Matters To Be Covered in Annual Report.--Each report under
this section shall describe--
``(1) the activities of the intelligence community during the
preceding fiscal year, including significant successes and failures
that can be described in an unclassified manner; and
``(2) the areas of the world and the issues that the Director
expects will require increased or unusual attention from the
intelligence community during the next fiscal year.
``(c) Time for Submission.--The report under this section for any
year shall be submitted at the same time that the President submits the
budget for the next fiscal year pursuant to section 1105 of title 31,
United States Code.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
108 the following new item:
``Sec. 109. Annual report on intelligence community activities.''.
SEC. 305. SECURITY REVIEWS.
(a) Findings.--The Congress finds that--
(1) the President directed the Director of the Information
Security Oversight Office to review Executive Order 12356 and other
directives relating to the protection of national security
information and to report no later than November 30, 1993; and
(2) the Secretary of Defense and the Director of Central
Intelligence have established a joint security commission to conduct
a review of security practices and procedures at the Department of
Defense and the Central Intelligence Agency and to report within 1
year of the establishment of the commission.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Director of Central Intelligence, the Secretary of
Defense, and the Director of the Information Security Oversight
Office should conduct the reviews referred to in subsection (a) with
maximum consultation with each other; and
(2) the results of these reviews should be incorporated into a
consolidated recommendation for the President.
SEC. 306. REPORT ON UNITED STATES EFFORTS TO COUNTER TERRORISM.
(a) In General.--The Secretary of State, the Attorney General of the
United States, and the Director of Central Intelligence shall jointly
submit to the Congress, not later than May 1, 1994, a report on United
States Government programs to counter terrorism.
(b) Matters To Be Covered in Report.--The report required by
subsection (a) shall, at a minimum--
(1) identify Federal Government activities, programs and assets
which are being utilized or could be utilized to counter terrorism;
(2) assess the processing, analysis, and distribution of
intelligence or terrorism and make recommendations for improvement;
(3) make recommendations on appropriate national policies, both
preventive and reactive, to counter terrorism;
(4) assess the coordination among law enforcement, intelligence,
and defense agencies involved in counterterrorism activities and
make recommendations concerning how coordination can be improved;
and
(5) assess whether there should be more centralized operational
control over Federal Government activities, programs, and assets
utilized to counter terrorism, and, if so, make recommendations
concerning how such control should be achieved.
SEC. 307. REPORT ON INTELLIGENCE GAPS.
(a) Report.--The Director of Central Intelligence and the Secretary
of Defense jointly shall prepare and submit by February 15, 1994, to the
Select Committee on Intelligence, the Committee on Armed Services, and
the Committee on Appropriations of the Senate, and to the Permanent
Select Committee on Intelligence, the Committee on Armed Services, and
the Committee on Appropriations of the House of Representatives a report
described in subsection (b).
(b) Contents of Report.--The report required by subsection (a)
shall--
(1) identify and assess the critical gaps between the
information needs of the United States Government and intelligence
collection capabilities, to include the identification of topics and
areas of the world of significant interest to the United States to
which the application of additional resources, technology, or other
efforts would generate new information of high priority to senior
officials of the United States Government;
(2) identify and assess gaps in the ability of the intelligence
community (as defined in section 3(4) of the National Security Act
of 1947) to provide intelligence support needed by the Armed Forces
of the United States and, in particular, by the commanders of
combatant commands established under section 161(a) of title 10,
United States Code; and
(3) contain joint recommendations of the Director of Central
Intelligence and the Secretary of Defense on appropriate means, to
include specific budgetary adjustments, for reducing or eliminating
the gaps identified under paragraphs (1) and (2).
SEC. 308. INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central
Intelligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security interests of
the United States and consistent with the operational and security
concerns related to the conduct of intelligence activities, and where
fiscally sound, should award contracts in a manner that would maximize
the procurement of products properly designated as having been made in
the United States.
SEC. 309. AMENDMENT TO SECTION 307 OF THE NATIONAL SECURITY ACT.
Section 307 of the National Security Act of 1947 is amended by
striking ``provisions and purposes of this Act'' and inserting in lieu
thereof ``provisions and purposes of this Act (other than the provisions
and purposes of sections 102, 103, 104, 105 and titles V, VI, and
VII)''.
SEC. 310. RATIFICATION OF FUNDING TRANSACTION.
Funds obligated or expended for the Accelerated Architecture
Acquisition Initiative of the Plan to Improve the Imagery Ground
Architecture based upon the notification to the appropriate committees
of Congress by the Director of Central Intelligence dated August 16,
1993, shall be deemed to have been specifically authorized by the
Congress for purposes of section 504(a)(3) of the National Security Act
of 1947.
SEC. 311. NATIONAL SECURITY EDUCATION TRUST FUND.
(a) Reduction of Amounts in Trust Fund.--The amount in the National
Security Education Trust Fund established pursuant to section 804 of
Public Law 102-183 (50 U.S.C. 1904) in excess of $120,000,000 that has
not been appropriated from the trust fund as of the date of enactment of
this Act shall be transferred to the Treasury of the United States as
miscellaneous receipts.
(b) Annual Assessment.--(1) Section 806 of such Public Law (50
U.S.C. 1903) is amended by adding at the end the following new
subsection:
``(d) Consultation.--During the preparation of each report required
by subsection (a), the Secretary shall consult with the members of the
Board specified in paragraphs (1) through (7) of section 803(b). Each
such member shall submit to the Secretary an assessment of their hiring
needs in the areas of language and area studies and a projection of the
deficiencies in such areas. The Secretary shall include all assessments
in the report required by subsection (a).''.
(2) Section 802(a) of such Public Law (50 U.S.C. 1902(a)) is
amended--
(A) in paragraph (1)(A), by inserting before the semicolon at
the end the following: ``in those language and study areas where
deficiencies exist (as identified in the assessments undertaken
pursuant to section 806(d))''; and
(B) in paragraph (1)(B)(i), by inserting before the semicolon at
the end the following: ``and in which deficiencies exist (as
identified in the assessments undertaken pursuant to section
806(d))''.
(c) Funding for Fiscal Years 1993 Through 1996.--Title VIII of such
Public Law (50 U.S.C. 1901 et seq.) is amended by adding at the end the
following:
``SEC. 810. FUNDING.
``(a) Fiscal Years 1993 and 1994.--Amounts appropriated to carry out
this title for fiscal years 1993 and 1994 shall remain available until
expended.
``(b) Fiscal Years 1995 and 1996.--There is authorized to be
appropriated from, and may be obligated from, the Fund for each of the
fiscal years 1995 and 1996 not more than the amount credited to the Fund
in interest only for the preceding fiscal year under section 804(e).''.
(d) Technical Correction.--Section 802(a)(1)(A) of such Public Law
(50 U.S.C. 1902(a)(1)(A)) is amended by striking the comma after
``term,''.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. SUPPORT FOR SCIENCE, MATHEMATICS, AND ENGINEERING
EDUCATION.
(a) General Authority.--In recognition of the importance of science,
mathematics, and engineering to the national security and in order to
encourage students to pursue studies in science, mathematics, and
engineering, the Director of Central Intelligence may carry out a
program in fiscal years 1994 and 1995 to award cash prizes and visits to
the Central Intelligence Agency (including the payment of costs
associated with such visits) for students who participate in high school
science fairs within the United States.
(b) Merit.--Awards made under subsection (a) shall be made solely on
the basis of merit.
(c) Equitable Regional Representation.--The Director shall ensure
that there is equitable regional representation with respect to the
program carried out under subsection (a).
(d) Limitation on Expenditures.--The Director may not expend more
than $5,000 for each of the fiscal years 1994 and 1995 to carry out this
section.
TITLE V--ADDITIONAL TECHNICAL AMENDMENTS
SEC. 501. CENTRAL INTELLIGENCE AGENCY ACT OF 1949.
The Central Intelligence Agency Act of 1949 is amended--
(1) in section 5(a) (50 U.S.C. 403f(a))--
(A) by striking ``Bureau of the Budget'' and inserting in
lieu thereof ``Office of Management and Budget''; and
(B) by striking ``sections 102 and 303 of the National
Security Act of 1947 (Public Law 253, Eightieth Congress)'' in
the first sentence and inserting in lieu thereof ``subparagraphs
(B) and (C) of section 102(a)(2), subsections (c)(5) and (d) of
section 103, subsections (a) and (g) of section 104, and section
303 of the National Security Act of 1947 (50 U.S.C. 403(a)(2),
403-3, 403-4, and 405)'';
(2) in the first sentence of section 6 (50 U.S.C. 403g)--
(A) by striking ``the proviso of section 102(d)(3) of the
National Security Act of 1947 (Public Law 253, Eightieth
Congress, first session)'' and inserting in lieu thereof
``section 103(c)(5) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(5))''; and
(B) by striking ``Bureau of the Budget'' and inserting in
lieu thereof ``Office of Management and Budget''; and
(3) in section 19(b) (50 U.S.C. 403s(b))--
(A) by striking ``Section 231'' in the heading after ``(b)''
and inserting in lieu thereof ``Section 232'';
(B) by striking ``(50 U.S.C. 403 note)'' in paragraph (2)
and inserting in lieu thereof ``(50 U.S.C. 2013)''; and
(C) by striking ``section 231'' in the matter following
paragraph (4) and inserting in lieu thereof ``section 232''.
SEC. 502. NATIONAL SECURITY ACT OF 1947.
Section 103(d)(3) of the National Security Act of 1947 (50 U.S.C.
403-3(d)(3)) is amended by striking ``providing'' and inserting in lieu
thereof ``provide''.
SEC. 503. CODIFICATION IN TITLE 10, UNITED STATES CODE, OF CERTAIN
PERMANENT PROVISIONS.
(a) Intelligence-Related Provision.--(1) Chapter 21 of title 10,
United States Code, is amended by inserting after section 424 the
following new section:
``§425. Disclosure of personnel information: exemption for National
Reconnaissance Office
``(a) Exemption From Disclosure.--Except as required by the
President or as provided in subsection (b), no provision of law shall be
construed to require the disclosure of the name, title, or salary of any
person employed by, or assigned or detailed to, the National
Reconnaissance Office or the disclosure of the number of such persons.
``(b) Provision of Information to Congress.--Subsection (a) does not
apply with respect to the provision of information to Congress.''.
(2) The table of sections at the beginning of subchapter I of such
chapter is amended by adding at the end the following new item:
``425. Disclosure of personnel information: exemption for National
Reconnaissance Office.''.
(b) Conforming Repeal.--Section 406 of the Intelligence
Authorization Act for Fiscal Year 1993 (Public Law 102-496; 10 U.S.C.
424 note) is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
