101st CONGRESS
1st Session
H. R. 2748
AMENDMENT
HR 2748 EAS
In the Senate of the United States,
November 7 (legislative day, November 6), 1989.
Resolved, That the bill from the House of Representatives (H.R. 2748)
entitled `An Act to authorize appropriations for fiscal year 1990 for
intelligence and intelligence-related activities of the United States
Government, the Intelligence Community Staff, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes', do pass
with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
That this Act may be cited as the `Intelligence Authorization Act for Fiscal
Years 1990 and 1991'.
AUTHORIZATION OF APPROPRIATIONS

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years 1990 and 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 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.
CLASSIFIED SCHEDULE OF AUTHORIZATIONS

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TITLE I

-INTELLIGENCE ACTIVITIES

the authorized personnel ceilings as of September 30, 1990 and 1991, for
the conduct of the intelligence activities of the elements listed in such
section, are those specified in the classified Schedule of Authorizations.
That Schedule of Authorizations shall be made available to the Committee
on Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the executive
branch.
PERSONNEL CEILING ADJUSTMENTS

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of civilian personnel in excess of the numbers authorized for fiscal
years 1990 and 1991 under sections 102 and 202 of this Act when he
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 per centum of the number of civilian
personnel authorized under such sections for such element. The Director of
Central Intelligence shall promptly notify the Permanent Select Committee
on Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate whenever he exercises the authority granted
by this section.
AUTHORIZATION OF APPROPRIATIONS

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Community Staff for fiscal year 1990 the sum of $25,068,000 and for fiscal
year 1991 the sum of $24,931,000, including $4,500,000 for the Security
Evaluation Office.
AUTHORIZATION OF PERSONNEL END STRENGTH

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TITLE II

-INTELLIGENCE COMMUNITY STAFF

and thirty full-time personnel as of September 30, 1990 and two hundred
and thirty full-time personnel as of September 30, 1991. Such personnel
of the Intelligence Community Staff may be permanent employees of the
Intelligence Community Staff or personnel detailed from other elements of
the United States Government.
(b) During fiscal years 1990 and 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
activities.
(c) During fiscal years 1990 and 1991, any officer or employee of the United
States or a member of the Armed Forces who is detailed to the Intelligence
Community Staff from another element of the United States Government shall
be detailed on a reimbursable basis, except that any such officer, employee
or member may be detailed on a nonreimbursable basis for a period of less
than one year for the performance of temporary functions as required by
the Director of Central Intelligence.
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL
INTELLIGENCE AGENCY

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the Intelligence Community Staff shall be subject to the provisions of
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in the same manner
as activities and personnel of the Central Intelligence Agency.
AUTHORIZATION OF APPROPRIATIONS

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Agency Retirement and Disability Fund for fiscal year 1990 the sum of
$154,900,000 and for fiscal year 1991 the sum of $164,600,000.
ELIGIBILITY FOR ANNUITY

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TITLE III

-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Certain Employees, as amended, is amended--
(1) by redesignating section 236 as section 237; and
(2) by inserting before the heading `Limitation on Number of Retirements,'
the following:
`ELIGIBILITY FOR ANNUITY
`SEC. 236. A participant must complete, within the last two years before
any separation from service, except a separation because of death or
disability, at least one year of creditable civilian service during which
he or she is subject to this title before he or she or his or her survivors
are eligible for an annuity under this title based on the separation. If
a participant, except a participant separated from the service because
of death or disability, fails to meet the service requirement of the
preceding sentence, the amounts deducted from his or her pay during the
period for which no eligibility is established based on the separation
shall be returned to him or her on the separation. Failure to meet this
service requirement does not deprive the individual or his or her survivors
of annuity rights which attached on a previous separation.'.
(b) This amendment shall be effective on the date of enactment of this Act.
DEATH IN SERVICE BENEFIT FOR FORMER SPOUSES

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TITLE IV

-CENTRAL INTELLIGENCE AGENCY ADMINISTRATIVE PROVISIONS

Act of 1964 for Certain Employees, as amended, is amended--
(1) by adding at the end of paragraph (1) thereof the following new sentence:
`Payment of death in service benefits for former spouses is also subject
to paragraph (4) of this subsection'; and
(2) by adding after paragraph (3) thereof the following:
`(4) If a former spouse eligible for death in service benefits under
provisions of this section is or becomes eligible for survivor benefits
under section 224, the benefits provided under this section will not be
payable and will be superseded by the benefits provided in section 224.'.
(b) The amendment made by this section shall take effect on November
15, 1982.
DISABILITY RETIREMENT AND DEATH IN SERVICE BENEFITS

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U.S.C. 403a et seq.), is amended by adding after section 17 the following
new section:
`SPECIAL RULES FOR DISABILITY RETIREMENT AND DEATH IN SERVICE BENEFITS WITH
RESPECT TO CERTAIN EMPLOYEES
`SEC. 18. (a) Notwithstanding any other provision of law, an officer or
employee of the Central Intelligence Agency subject to retirement system
coverage under subchapter III of chapter 83 of title 5, United States
Code, who--
`(i) has five years of civilian service credit toward retirement under
such subchapter III of chapter 83, title 5, United States Code;
`(ii) has not been designated under section 203 of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees, as amended (50
U.S.C. 403 note), as a participant in the Central Intelligence Agency
Retirement and Disability System;
`(iii) has become disabled during a period of assignment to the performance
of duties that are qualifying toward such designation under section 203; and
`(iv) satisfies the requirements for disability retirement under section
8337 of title 5, United States Code--
shall, upon his own application or upon order of the Director, be retired on
an annuity computed in accordance with the rules prescribed in such section
231, in lieu of an annuity computed as provided by section 8337 of title 5,
United States Code.
`(b) Notwithstanding any other provision of law, in the case of an officer
or employee of the Central Intelligence Agency subject to retirement system
coverage under subchapter III of chapter 83, title 5, United States Code,
who--
`(i) has at least eighteen months of civilian service credit toward
retirement under such subchapter III of chapter 83, title 5, United
States Code;
`(ii) has not been designated under section 203 of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees, as amended (50
U.S.C. 403 note), as a participant in the Central Intelligence Agency
Retirement and Disability System;
`(iii) prior to separation or retirement from the Agency, dies during
a period of assignment to the performance of duties that are qualifying
toward such designation under such section 203; and
`(iv) is survived by a widow or widower, former spouse, and/or a child
or children as defined in section 204 and section 232 of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees, who
would otherwise be entitled to an annuity under section 8341 of title 5,
United States Code--
such widow or widower, former spouse, and/or child or children of such officer
or employee shall be entitled to an annuity computed in accordance with such
section 232, in lieu of an annuity computed in accordance with section 8341
of title 5, United States Code.
`(c) Notwithstanding any other provision of law, an officer or employee
of the Central Intelligence Agency subject to retirement system coverage
under chapter 84 of title 5, United States Code, who--
`(i) has completed at least eighteen months of civilian service creditable
under section 8411 of title 5, United States Code;
`(ii) has not been designated pursuant to section 302(a) of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended
(50 U.S.C. 403 note);
`(iii) has become disabled during a period of assignment to the performance
of duties that are qualifying toward such designation pursuant to such
section; and
`(iv) satisfies the requirements for disability retirement under subchapter
V of chapter 84, title 5, United States Code--
shall, on the officer's or employee's own application or an application by
the Director, be retired on an annuity computed as if the officer or employee,
prior to becoming disabled, had been designated pursuant to section 302(a) of
the Central Intelligence Agency Retirement Act of 1964 for Certain Employees,
as amended (50 U.S.C. 403 note), in lieu of the annuity amount that would
otherwise be computed under subchapter V of chapter 84 of title 5, United
States Code.
`(d) Notwithstanding any other provision of law, in the case of an officer
or employee of the Central Intelligence Agency subject to retirement system
coverage under chapter 84 of title 5, United States Code, who--
`(i) has at least eighteen months of civilian service creditable under
section 8411 of title 5, United States Code;
`(ii) has not been designated pursuant to section 302(a) of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended
(50 U.S.C. 403 note);
`(iii) prior to separation or retirement from the Agency, dies during
a period of assignment to the performance of duties that are qualifying
toward such designation pursuant to such section; and
`(iv) is survived by a widow or widower, former spouse, and/or child or
children as defined in section 8441 of title 5, United States Code, who
would be entitled to a lump-sum survivor benefit, a survivor annuity and/or
if applicable, a supplementary annuity, under subchapter IV of chapter 84,
title 5, United States Code--
the survivor benefit or benefits of such widow or widower, former spouse,
and/or child or children shall be computed as if the officer or employee,
prior to death, had been designated pursuant to section 302(a) of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended
(50 U.S.C. 403 note), in lieu of the benefit amount or amounts that would
otherwise be computed pursuant to subchapter IV of chapter 84, title 5,
United States Code.
`(e)(1) The annuities provided under subsections (a) and (b) of this section
shall be deemed to be annuities under chapter 83 of title 5, United States
Code, for purposes of the other provisions of such chapter and other laws
(including the Internal Revenue Code of 1986) relating to such annuities,
and shall be payable from the Civil Service Retirement and Disability Fund
established under section 8348 of such title.
`(2) The annuities and/or other benefits provided under subsections (c)
and (d) of this section shall be deemed to be annuities and/or benefits
under chapter 84 of title 5, United States Code, for purposes of the other
provisions of such chapter and other laws (including the Internal Revenue
Code of 1986) relating to such annuities and/or benefits, and shall be
payable from the Civil Service Retirement and Disability Fund established
pursuant to section 8348 of title 5, United States Code.'.
DEFENSE INTELLIGENCE COLLEGE GIFT ACCEPTANCE AUTHORITY

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adding at the end thereof the following new section:
`Sec. 2606. Gifts to support the Defense Intelligence College
`(a) The Secretary of Defense is authorized to accept, hold, administer,
and use gifts, to include bequests or devises, money, securities, or other
property, both real and personal, for the purpose of aiding and facilitating
the work of the Defense Intelligence College.
`(b) Gifts of money and proceeds from sales of property received as gifts
shall be deposited in the Treasury and shall be available for disbursement
upon the order of the Secretary.
`(c) For purposes of Federal income, estate, and gift taxation, gifts
accepted by the Secretary under this section shall be considered to be to
or for the use of the United States.
`(d) The Secretary of Defense shall prescribe regulations to carry out
this section.'.
(b) The table of contents of chapter 155 of title 10, United States Code,
is amended by adding at the end thereof the following:
`2606. Gifts to support the Defense Intelligence College.'.
EXTENSION OF DIA EMPLOYEE TERMINATION AUTHORITY

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TITLE V

-PERSONNEL AUTHORITIES IMPROVEMENTS

by striking `during fiscal years 1988 and 1989'.
REQUIREMENTS FOR CITIZENSHIP FOR STAFF OF UNITED STATES ARMY RUSSIAN INSTITUTE

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Nationality Act (8 U.S.C. 1430(c)), the United States Army Russian Institute,
located in Garmisch, Federal Republic of Germany, shall be considered to
be an organization described in clause (1) of that section.
(b) Subsection (a) shall apply with respect to periods of employment before,
on, or after the date of the enactment of this Act.
PERMANENT SPECIAL TERMINATION AUTHORITY FOR THE SECRETARY OF DEFENSE

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by striking `during fiscal years 1988 and 1989,'.
DEFENSE ATTACHE DEATH GRATUITY

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pay a death gratuity identical to that payable under section 1489(b) of
title 10, United States Code, to the surviving dependents of a member of
the Armed Forces who, while serving on active duty assigned to a Defense
attache office outside the United States, died as a result of hostile or
terrorist activities.
(b) The death gratuity referred to in subsection (a) may be paid with
respect to an individual who died on or after June 15, 1988.
(c) The Secretary of Defense shall submit to Congress no later than March
1, 1990, a report concerning the advisability of permanent law permitting
the payment of death gratuities to the survivors of any member of the
armed services who, while on active duty assigned to a Defense attache
office outside the United States, dies as a result of hostile or terrorist
activities.
ADJUSTMENT TO DEMONSTRATION PROJECT FOR THE NEW YORK FIELD DIVISION

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fiscal year 1989 is amended by deleting `who are subject by policy and
practice to directed geographical transfer or reassignment'. In preparing
for submission to the Congress the Budget of the United States for Fiscal
Year 1991, the President shall take into account and, to the greatest
extent possible, incorporate into such budget the recommendations of the
National Advisory Commission on Law Enforcement as established by section
6160 of the Anti-Drug Abuse Act of 1988.
PERSONNEL CEILING ON UNITED STATES AND SOVIET MISSIONS

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TITLE VI

-FBI ENHANCED COUNTERINTELLIGENCE AUTHORITIES

positions at the United States Mission to the Soviet Union and the Soviet
Mission to the United States should not be increased unless--
(a) the National Security Council determines that such increase is essential
to the effective functioning of the United States Mission to the Soviet
Union; and
(b) the FBI is provided sufficient additional resources to fulfill its
responsibilities resulting from the increased number of permanent positions
at the Soviet Mission to the United States.
FBI INVESTIGATIONS OF ESPIONAGE BY PERSONS EMPLOYED BY OR ASSIGNED TO UNITED
STATES DIPLOMATIC MISSIONS ABROAD

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of violations of the espionage laws of the United States by persons employed
by or assigned to United States diplomatic missions abroad. All departments
and agencies shall report immediately to the FBI any information indicating
such a violation. Other departments and agencies shall provide appropriate
assistance to the FBI in the conduct of such investigations. Nothing in
this provision shall be construed as establishing a defense to any criminal,
civil, or administrative action.
INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW

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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.

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TITLE VII

-GENERAL PROVISIONS

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TITLE VIII

-INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE AGENCY

U.S.C. 414) is redesignated as section 504 of such Act, and is amended
by deleting the number `501' in subsection (a)(2) of such section and
substituting in lieu thereof `503'; and is further amended by adding the
following new subsection (d):
`(d) 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 subsection 503(e), above, unless and until a Presidential finding
required by subsection 503(a), above, has been signed or otherwise issued
in accordance with that subsection.'.

b35b072bd9b95e2eb4cc6338ab2b01014d5e2190fe22754cf18704bda19b5b0b

(50 U.S.C. 415) is redesignated as section 505 of such Act.
Attest:
Secretary.
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S 1324 EAS----3
S 1324 EAS----4

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Intelligence Authorization Act for Fiscal Year 1990 — HR. 2748

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