Summary: H.R.2748 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (11/16/1989)

Intelligence Authorization Act, Fiscal Year 1990 - Title I: Intelligence Activities - Authorizes appropriations for FY 1990 for intelligence and intelligence-related activities in specified departments and agencies of the Government, including the Central Intelligence Agency (CIA) and the Department of Defense (DOD).

Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified schedule of authorizations prepared by the conference committee to accompany this Act.

Authorizes the Director of Central Intelligence to employ civilian personnel in excess (by not more than two percent) of the ceiling for such personnel when necessary for the performance of important intelligence functions.

Restricts support for military and paramilitary operations in Nicaragua.

Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1990.

Establishes an end strength ceiling of 240 full-time Intelligence Community Staff employees. Provides that such staff shall be administered in the same manner as the CIA.

Title III: Central Intelligence Agency Retirement and Disability System and Related Provisions - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1990.

Amends the Central Intelligence Agency Retirement Act of 1964 for Certain Employees to require participants, within the last two years before any separation from service, to complete at least one year of creditable civilian service to be eligible for an annuity.

Provides for precedence of survivor benefits over death in service benefits for certain former spouses of CIA employees eligible for such benefits.

Provides that the computation of survivor annuities for certain former spouses shall be reduced solely by the amount of survivor annuity payments made to such spouses under an election of survivor benefits.

Sets forth special annuity computation rules for certain CIA employees who served abroad. Requires the special accrual rates provided under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees and the Central Intelligence Agency Act of 1964 for computing the annuity of a CIA employee who has served overseas to be used to compute that employee's annuity for such service whether or not such employee is employed by the CIA at retirement. Requires that the amount of any annuity increase resulting from such computation be paid from the Central Intelligence Agency Retirement and Disability Assistance (CIARDS) Fund.

Amends the Central Intelligence Act of 1949 to provide CIA employees in the Civil Service Retirement System and the Federal Employees' Retirement System (FERS) performing qualifying service with the same disability and death in service benefits as those received by employees who qualify under the Central Intelligence Agency Retirement and Disability System and the FERS-Special Category.

Title IV: Central Intelligence Agency Administrative Provisions - Authorizes the CIA to procure commercial remote sensing data by whatever means it deems appropriate.

Title V: Improvements to Personnel Authorities for Intelligence Components of the Department of Defense - Authorizes the Secretary of Defense to pay special pay to a civilian Defense Department officer or employee who has been certified as being proficient in a foreign language in a position in which such proficiency facilitates performance of officially assigned intelligence or intelligence-related duties.

Authorizes the Secretary to accept gifts for the Defense Intelligence College and pay all necessary expenses in connection with such acceptance.

Makes permanent the Secretary of Defense's authority to terminate employment of civilian intelligence officers and employees of military departments and of the Defense Intelligence Agency (DIA).

Authorizes the Secretary of Defense to pay a death gratuity to survivors of a member of the armed forces who, while serving on active duty assigned to a Defense attache office outside the United States, died on or after June 15, 1988, as a result of hostile or terrorist activities. Directs the Secretary to report to the Congress on the advisability of making such authority permanent.

Provides that civilian employees of DIA need not be subject to FERS to receive special retirement accrual benefits for service abroad. Amends the National Security Agency Act of 1959 to authorize the Director of the National Security Agency to provide such benefits to certain National Security Agency (NSA) employees.

Amends the Immigration and Nationality Act with respect to citizenship requirements for staff of the U.S. Army Russian Institute.

Directs the Secretary of Defense to establish an undergraduate training program with respect to civilian employees of DIA to develop skills critical to the mission of DIA. Authorizes the Secretary to provide financial assistance for such employees.

Title VI: FBI New York Field Division Demonstration Project - Amends the Intelligence Authorization Act, Fiscal Year 1989 to provide that New York Field Division employees need not be subject to directed geographical transfer or reassignment to receive periodic payments under a certain demonstration project for the Division.

Directs the President, in preparing the Budget of the United States for Fiscal Year 1991 for submission to the Congress, to 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 the Anti-Drug Abuse Act of 1988.

Expresses the sense of the Congress with respect to personnel ceilings for the United States and Soviet Missions.

Makes the FBI responsible for investigations of espionage by persons employed by, or assigned to, U.S. diplomatic missions abroad.

Title VII: General Provisions - Declares that appropriations authorized by this Act for Federal employee pay and benefits may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.

Provides that the authorization of appropriations by this Act shall not constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.

Requires the President to submit a report to the Congress by April 1, 1990, describing how intelligence activities relating to narcotics trafficking can be integrated.

Title VIII: Inspector General for Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to replace certain reporting requirements by the Inspector General (IG) of the Central Intelligence Agency (CIA) with provisions establishing, by statute, an Office of Inspector General within the CIA.

Sets forth provisions with respect to the appointment and removal of the IG by the President and the supervision of the IG by the CIA Director.

Requires the IG to: (1) provide policy direction for and to conduct, supervise, and coordinate independently, inspections, investigations, and audits relating to CIA programs and operations to assure that they are conducted efficiently and in accordance with applicable law and regulations; (2) keep the Director informed of violations of law and regulations, fraud, and other serious problems, abuses and deficiencies in such programs and operations and of progress made in implementing corrective action; (3) take due regard for the protection of intelligence sources and methods in the preparation of all reports; and (4) comply with generally accepted Government auditing standards.

Sets forth requirements for reports by the IG to: (1) the Director and the House and Senate Select Committees on Intelligence (intelligence committees) including semiannual activity reports and immediate reports of serious or flagrant problems, abuses, or deficiencies; and (2) the intelligence committees regarding conflicts between the IG and the Director, investigations of the Director, and investigations requested by the Chairman or Ranking Minority Member of either committee.

Specifies that the IG shall have: (1) direct and prompt access to the Director when necessary for any purpose pertaining to the performance of his duties; (2) access to any employee of the CIA or a contractor whose testimony is needed for the performance of his duties; and (3) direct access to all records or other material relating to programs and operations for which the IG has responsibilities under this Act. Makes failure by any employee or contractor to cooperate with the IG grounds for appropriate administrative actions by the Director, including the termination of employment or the contractual relationship.

Authorizes the IG to receive and investigate employee complaints of violations of laws, rules, or regulations, mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. Specifies that: (1) the IG shall not disclose the identity of the complainant without the employee's consent, unless such disclosure is unavoidable during the course of the investigation; and (2) no reprisal or threat thereof may be made against the employee unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

Authorizes the IG to administer to, or take from, any person an oath, affirmation, or affidavit whenever necessary in the performance of his duties.

Provides for office space, equipment, supplies, and services for the IG.

Directs the IG to select, appoint, and employ qualified officers and employees. Expresses the sense of the Congress that the IG should create a career cadre of sufficient size to provide appropriate continuity and objectivity needed for the effective performance of his duties.

Requires the Director, beginning in FY 1991, to include in the National Foreign Intelligence Program budget a separate account for the Office of Inspector General.

Transfers to the Office of the Inspector General created by this Act the personnel, assets, liabilities, authorization, and appropriations of the existing CIA Office of Inspector General.

Includes "covert actions" within the definition of "intelligence activities."