HR 5095 CDS
102d CONGRESS
2d Session
H. R. 5095
IN THE SENATE OF THE UNITED STATES
July 1 (legislative day, JUNE 16), 1992
Received; read twice and referred to the Select Committee on Intelligence
September 23, 1992
Committee Discharged
AN ACT
To authorize appropriations for fiscal year 1993 for intelligence and
intelligence-related activities of the United States Government and the
Central Intelligence Agency Retirement and Disability System, to revise and
restate the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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(a) SHORT TITLE- This Act may be cited as the `Intelligence Authorization
Act for Fiscal Year 1993'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

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Subtitle A--Authorization of Appropriations

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TITLE I

-INTELLIGENCE ACTIVITIES

Subtitle B--Restatement of CIARDS Statute

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TITLE II

-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

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TITLE III

-GENERAL PROVISIONS

of Defense real property transactions and construction projects involving
intelligence agencies.

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Funds are hereby authorized to be appropriated for fiscal year 1993 for
the conduct of the intelligence and intelligence-related activities of
the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy, and the
Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.

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(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, 1993, 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 bill H.R. 5095 of the One Hundred Second Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS- The 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.

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(a) AUTHORITY FOR ADJUSTMENTS- The Director of Central Intelligence
may authorize employment of civilian personnel in excess of the numbers
authorized for fiscal year 1993 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 two 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.
Subtitle A--Authorization of Appropriations

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There is authorized to be appropriated for the Central Intelligence Agency
Retirement and Disability Fund for fiscal year 1993 the sum of $168,900,000.
Subtitle B--Restatement of CIARDS Statute

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This subtitle may be cited as the `CIARDS Technical Corrections Act of 1992'.

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(a) CENTRAL INTELLIGENCE AGENCY ACT OF 1949-
(1) SECTION 14- Section 14(a) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403n(a)) is amended by striking out `sections 204,
221(b)(1)-(3), 221(f), 221(g)(2), 221(l), 221(m), 221(n), 221(o), 222,
223, 224, 225, 232(b), 234(c), 234(d), 234(e), and 263(b) of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees' and
inserting in lieu thereof `sections 102, 221(b)(1)-(3), 221(f), 221(g),
221(h)(2), 221(i), 221(l), 222, 223, 224, 225, 232(b), 241(b), 241(d),
and 264(b) of the Central Intelligence Agency Retirement Act'.
(2) SECTION 18- Section 18(a) of such Act (50 U.S.C. 403r(a)) is amended
by striking out `the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees' and inserting in lieu thereof `the Central Intelligence
Agency Retirement Act'.
(3) SECTION 19- Section 19 of such Act (50 U.S.C. 403s) is amended--
(A) in subsection (a)--
(i) by inserting `OFFICERS AND EMPLOYEES TO WHOM CIARDS SECTION 231 RULES
APPLY- ' after `(a)';
(ii) by striking out `the Central Intelligence Agency Retirement Act of
1964 for Certain Employees, as amended' in clause (ii) and inserting in
lieu thereof `the Central Intelligence Agency Retirement Act';
(iii) by inserting `such' in clause (iii) before `section 203';
(iv) by striking out `such section 231' in the matter after clause (iv)
and inserting in lieu thereof `section 231 of such Act'; and
(v) by redesignating clauses (i) through (iv) as paragraphs (1) through
(4), respectively;
(B) in subsection (b)--
(i) by inserting `SURVIVORS OF OFFICERS AND EMPLOYEES TO WHOM CIARDS
SECTION 231 RULES APPLY- ' after `(b)';
(ii) by striking out `the Central Intelligence Agency Retirement Act of
1964 for Certain Employees, as amended' in clause (ii) and inserting in
lieu thereof `the Central Intelligence Agency Retirement Act';
(iii) by striking out `widow or widower, former spouse, and/or child or
children as defined in section 204 and section 232 of such the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees' in clause
(iv) and inserting in lieu thereof `surviving spouse, former spouse, or child
as defined in section 102 of the Central Intelligence Agency Retirement Act';
(iv) by striking out `widow or widower, former spouse, and/or child or
children' in the matter after clause (iv) and inserting in lieu thereof
`surviving spouse, former spouse, or child';
(v) by striking out `such section 232' in the matter after clause (iv)
and inserting in lieu thereof `section 231 of such Act'; and
(vi) by redesignating clauses (i) through (iv) as paragraphs (1) through
(4), respectively;
(C) by striking out subsections (c) and (d); and
(D) by redesignating subsection (e) as subsection (c) and in that
subsection--
(i) by striking out `(1)' and inserting in lieu thereof `ANNUITIES UNDER
THIS SECTION DEEMED ANNUITIES UNDER CSRS- ';
(ii) by striking out `established by section 202 of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees' and inserting in lieu
thereof `maintained pursuant to section 202 of the Central Intelligence
Agency Retirement Act'; and
(iii) by striking out paragraph (2).
(b) NATIONAL SECURITY AGENCY ACT OF 1959- Section 9(b)(3) of the National
Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by striking
out `the Central Intelligence Agency Retirement Act of 1964 for Certain
Employees'  and inserting in lieu thereof `the Central Intelligence Agency
Retirement Act'.
(c) TITLE 5, UNITED STATES CODE- Sections 8347(n)(4)(A) and 8423(a)(1)(B)(i)
of title 5, United States Code, are amended by striking out `the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees'  and
inserting in lieu thereof `the Central Intelligence Agency Retirement Act'.
(d) TITLE 10, UNITED STATES CODE- Section 1605(a) of title 10, United
States Code, is amended in the second sentence--
(1) striking out `the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees'  and inserting in lieu thereof `the Central Intelligence
Agency Retirement Act'; and
(2) by inserting `(50 U.S.C. 403r)' after `the Central Intelligence Agency
Act of 1949'.

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(a) PRIOR ELECTIONS- Any election made under the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees before the effective
date specified in section 215 shall not be affected by the amendment made
by section 212 and shall be deemed to have been made under the corresponding
provision of that Act as restated by section 212 as the Central Intelligence
Agency Retirement Act.
(b) REFERENCES- Any reference in any other Act, or in any Executive order,
rule, or regulation, to the Central Intelligence Agency Retirement Act
of 1964 for Certain Employees, or to a provision of that Act, shall be
deemed to refer to that Act and to the corresponding provision of that Act,
as restated by section 212 as the Central Intelligence Agency Retirement Act.

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The amendments made by sections 212 and 213 shall take effect on the
first day of the fourth month beginning after the date of the enactment
of this Act.

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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.

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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.

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INFORMATION FROM ANY PERSON.
Section 17(e)(3) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q) is amended--
(1) by striking out `an employee of the Agency' and inserting in lieu
thereof `any person'; and
(2) by inserting `from an employee of the Agency' after `received'.

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OF DEFENSE REAL PROPERTY TRANSACTIONS AND CONSTRUCTION PROJECTS INVOLVING
INTELLIGENCE AGENCIES.
(a) REAL PROPERTY TRANSACTIONS- (1) Section 2662 of title 10, United States
Code, is amended by adding at the end the following new subsection:
`(f) Whenever a transaction covered by this section is made by or on behalf
of an intelligence component of the Department of Defense or involves real
property used by such a component, any report under this section with
respect to the transaction that is submitted to the Committees on Armed
Services of the Senate and the House of Representatives shall be submitted
concurrently to the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the Senate.'.
(2)(A) The heading of such section is amended to read as follows:
`Sec. 2662. Real property transactions: reports to congressional committees'.
(B) The item relating to such section in the table of sections at the
beginning of chapter 159 of such title is amended to read as follows:
`2662. Real property transactions: reports to congressional committees.'.
(b) CONSTRUCTION PROJECTS- Section 2801(c)(4) of such title is amended by
inserting before the period at the end the following: `and, with respect
to any project to be carried out by, or for the use of, an intelligence
component of the Department of Defense, the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate'.

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Subsection (e) of section 1604 of title 10, United States Code, is amended
by adding at the end the following new paragraph:
`(4)(A) Notwithstanding any other provision of law, the Secretary of
Defense may use appropriated funds to assist employees who have been in
sensitive positions in the Defense Intelligence Agency and who are found to
be ineligible for continued access to Sensitive Compartmented Information
and employment with the Defense Intelligence Agency, or whose employment
with the Defense Intelligence Agency has been terminated--
`(i) in finding and qualifying for subsequent employment;
`(ii) in receiving treatment of medical or psychological disabilities; and
`(iii) in providing necessary financial support during periods of
unemployment.
`(B) Assistance may be provided under subparagraph (A) only if the
Secretary determines that such assistance is essential to maintain the
judgment and emotional stability of such employee and avoid circumstances
that might lead to the unlawful disclosure of classified information to
which such employee had access. Assistance provided under this paragraph
for an employee shall not be provided any longer than five years after
the termination of the employment of the employee.
`(C) The Secretary 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 paragraph.'.

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(a) NATIONAL SECURITY AGENCY ACT OF 1959- The National Security Agency
Act of 1959 is amended by redesignating the second section 17 (added by
section 405 of Public Law 102-183) as section 18.
(b) PUBLIC LAW 102-88- Effective as of August 14, 1991, section 305(a)(3)
of Public Law 102-88 (105 Stat. 432) is amended by striking out `in the
last sentence' and inserting in lieu thereof `in the penultimate sentence'.

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(a) Of the amount authorized to be appropriated by section 101 for
reconnaissance programs, funds are authorized for an advanced airborne
reconnaissance system.
(b) The amount authorized in subsection (a) is the amount equal to one-third
of the amount authorized for a similar activity in the National Foreign
Intelligence Program for fiscal year 1992 by the Intelligence Authorization
Act for Fiscal Year 1992 (Public Law 102-183).
Passed the House of Representatives June 25, 1992.
Attest:
DONNALD K. ANDERSON,
Clerk.
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Intelligence Authorization Act for Fiscal Year 1993 — HR. 5095

Other Sections

TITLE I

TITLE II

TITLE III

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