SUBCHAPTER II-FOREIGN SERVICE PENSION SYSTEM

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SEC. 853. PARTICIPANTS.-(a) **

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(c) Individuals who become members of the Service after having completed at least 5 years of civilian service creditable under subchapter I, subchapter III of chapter 83 of title 5, United States Code (the Civil Service Retirement System), or [title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees] title II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.), (determined without regard to any deposit or redeposit requirement under any such subchapter or title, any requirement that the individual become subject to such subchapter or title after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual's desire to become subject to such subchapter or title) are not participants in the System, except to the extent provided for under title III of the Federal Employees' Retirement System Act of 1986 pursuant to an election under such title to become subject to this subchapter (under regulations issued by the Secretary of State pursuant to section 860).

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SEC. 854. CREDITABLE SERVICE. (a) For purposes of this subchapter creditable service of a participant includes

(1) *

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(3) except as provided in subsection (b), any civilian service performed before January 1, 1989 (other than service under paragraph (1) or (2)), which, but for the amendment made by section 414 of the Federal Employees' Retirement System Act of 1986, would be creditable under subchapter I (determined without regard to any deposit or redeposit requirement under such subchapter, subchapter III of chapter 83 of title 5, United States Code (the Civil Service Retirement System), or [title II of the Central Intelligence Agency REtirement Act of 1964 for Certain Employees], title II of the Central Intelligence Agency Retirement Act (50 U.S.C. 2011 et seq.) any requirement that the individual become subject to such subchapter or title after performing the service involved, or any requirement that the individual give notice in writing to the official by whom such individual is paid of such individual's desire to become subject to such subchapter or title).

(d) Credit shall be given under this System to a participant for a period of prior service under the Federal Employees' Retirement System (described in chapter 84 of title 5, United States Code) or under [title III of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees] title III of the Central Intelligence Agency Retirement Act (50 U.S.C. 2151 et seq.) if the participant waives credit under the other retirement system and makes a pay

ment to the Fund equal to the amount which was deducted and withheld from the individual's basic pay under the other retirement system during the prior creditable service under the other retirement system together with interest on such amount computed in accordance with regulations issued by the Secretary of State.

SEC. 855. ENTITLEMENT TO ANNUITY.-(a) * * * (b)(1) * * *

(2) An annuity under paragraph (1) shall be computed

(A) in accordance with section 8416(d)(1) of title 5, United States Code, for all service while a participant in this System and for prior service creditable under this subchapter not otherwise counted as

(i) a member of the Service,

(ii) an employee of the Central Intelligence Agency entitled to retirement credit [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] 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)), or

SECTION 3121 OF THE INTERNAL REVENUE CODE OF 1986

SEC. 3121. DEFINITIONS.

(a) * * *

(b) EMPLOYMENT.-For purposes of this chapter, the term “employment” means any service, of whatever nature, performed (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen of the United States [a citizen or resident of the United States (effective for remuneration paid after December 31, 1983)] as an employee for an American employer (as defined in subsection (h)), or (C) if it is service, regardless of where or by whom performed, which is designated as employment or recognized as equivalent to employment under an agreement entered into under section 233 of the Social Security Act; except that such term shall not include

(1)

(5) service performed in the employ of the United States or any instrumentality of the United States, if such service

(A) *

(H) service performed by an individual

(i) on or after the effective date of an election by such individual, under section 301 of the Federal Employees' Retirement System Act of 1986 or [section 307 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees] section 307 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2157), to become subject to the Federal Employees' Retirement System provided in chapter 84 of title 5, United States Code, or

SECTION 210 OF THE SOCIAL SECURITY ACT

DEFINITION OF EMPLOYMENT

SEC. 210. For the purposes of this title-Employment

(a) The term "employment" means any service performed after 1936 and prior to 1951 which was employment for the purposes of this title under the law applicable to the period in which such service was performed, and any service, of whatever nature, performed after 1950 (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen or resident of the United States as an employee (i) of an American employer (as defined in subsection (e) of this section), or (ii) of a foreign affiliate (as defined in section 3121(1)(6) of the Internal Revenue Code of 1954) of an American employer during any period for which there is in effect an agreement, entered into pursuant to section 3121(1) of such Code, with respect to such affiliate, or (C) if it is service, regardless of where or by whom performed, which is designated as employment or recognized as equivalent to employment under an agreement entered into under section 233; except that, in the case of service performed after 1950, such term shall not include (1) * * *

(5) Service performed in the employ of the United States or any instrumentality of the United States, if such service

(A)'

(H) service performed by an individual

(i) on or after the effective date of an election by such individual, under section 301 of the Federal Employees' Retirement System Act of 1986 or [section 307 of the Central Intelligence Agency Retirement Act

of 1964 for Certain Employees] section 307 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2157), to become subject to the Federal Employees' Retirement System provided in chapter 84 of title 5, United States Code, or

INTELLIGENCE AUTHORIZATION ACT, FISCAL YEAR 1992

[TITLE VIII-NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

[SEC. 801. SHORT TITLE, FINDINGS, AND PURPOSES.

[(a) SHORT TITLE.-This title may be cited as the "David L. Boren National Security Education Act of 1991".

[(b) FINDINGS.-The Congress makes the following findings:

[(1) The security of the United States is and will continue to depend on the ability of the United States to exercise international leadership.

[(2) The ability of the United States to exercise international leadership is, and will increasingly continue to be, based on the political and economic strength of the United States, as well as on United States military strength around the world.

[(3) Recent changes in the world pose threats of a new kind to international stability as Cold War tensions continue to decline while economic competition, regional conflicts, terrorist activities, and weapon proliferations have dramatically increased.

[(4) The future national security and economic well-being of the United States will depend substantially on the ability of its citizens to communicate and compete by knowing the languages and cultures of other countries.

[(5) The Federal Government has an interest in ensuring that the employees of its departments and agencies with national security responsibilities are prepared to meet the challenges of this changing international environment.

[(6) The Federal Government also has an interest in taking actions to alleviate the problem of American undergraduate and graduate students being inadequately prepared to meet the challenges posed by increasing global interaction among

nations.

[(7) American colleges and universities must place a new emphasis on improving the teaching of foreign languages, area studies, and other international fields to help meet those challenges.

[(c) PURPOSES.-The purposes of this title are as follows:

[(1) To provide the necessary resources, accountability, and flexibility to meet the national security education needs of the United States, especially as such needs change over time.

[(2) To increase the quantity, diversity, and quality of the teaching and learning of subjects in the fields of foreign lan

guages, area studies, and other international fields that are critical to the Nation's interest.

[(3) To produce an increased pool of applicants for work in the departments and agencies of the United States Government with national security responsibilities.

[(4) To expand, in conjunction with other Federal programs, the international experience, knowledge base, and perspectives on which the United States citizenry, Government employees, and leaders rely.

[(5) To permit the Federal Government to advocate the cause of international education.

[SEC. 802. SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM. [(a) PROGRAM REQUIRED.

[(1) IN GENERAL.-The Secretary of Defense shall carry out a program for

[(A) awarding scholarships to undergraduate students who are United States citizens in order to enable such students to study, for at least one academic semester or equivalent term,, in foreign countries that are critical countries (as determined under section 803(d)(4)(A));

[(B) awarding fellowships to graduate students who

[(i) are United States citizens to enable such students to pursue education as part of a graduate degree program of a United States institution of higher education in the disciplines of foreign languages, area studies, and other international fields that are critical areas of those disciplines (as determined under section 803(d)(4)(B)); and

[(ii) pursuant to subsection (b)(2), enter into an agreement to work for an agency or office of the Federal Government or in the field of education in the area of study for which the fellowship was awarded; and

[(C) awarding grants to institutions of higher education to enable such institutions to establish, operate, or improve programs in foreign languages, area studies, and other international fields that are critical areas of those disciplines (as determined under section 803(d)(4)(C)). [(2) FUNDING ALLOCATIONS.-Of the amount available for obligation out of the National Security Education Trust Fund for any fiscal year for the purposes stated in paragraph (1), the Secretary shall have a goal of allocating

[(A) 3 of such amount for the awarding of scholarships pursuant to paragraph (1)(A);

[(B) 3 of such amount for the awarding of fellowships pursuant to paragraph (1)(B); and

[(C) 3 of such amount for the awarding of grants pursuant to paragraph (1)(C).

[(3) CONSULTATION WITH NATIONAL SECURITY EDUCATION BOARD. The program required under this title shall be carried out in consultation with the National Security Education Board established under section 803.

[(4) CONTRACT AUTHORITY.-The Secretary may enter into one or more contracts, with private national organizations hav