Summary: S.2834 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (10/23/1990)

Intelligence Authorization Act, Fiscal Year 1991 - Title I: Intelligence Activities - Authorizes appropriations for FY 1991 for intelligence and intelligence-related activities in specified departments and agencies of the U.S. Government, including the Central Intelligence Agency (CIA), the Department of Defense (DOD), and the Drug Enforcement Administration.

Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified schedule of authorizations.

Authorizes the Director of Central Intelligence (DCI) to employ civilian personnel in excess of the ceiling for such personnel when necessary to the performance of important intelligence functions.

Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1991.

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 1991. Amends the Central Intelligence Agency Retirement Act of 1964 for Certain Employees to eliminate provisions requiring a 15-year career review and an election option for participants in the Central Intelligence Agency Retirement and Disability System (CIARDS) and the Federal Employees' Retirement System (FERS) Special Category and provisions requiring such participants to remain under CIARDS or in FERS Special Category status for the duration of their CIA service.

Specifies that the five years of marriage spent outside the United States required to qualify for former spouse status must have been during periods of the participant's service with the CIA.

Permits a retiree under CIARDS who was unmarried at the time of retirement to: (1) elect a survivor benefit upon marriage after retirement (currently, an election for a current spouse can only be made to the extent that a previous election was made for a spouse to whom the participant was married at the time of retirement); and (2) irrevocably elect within one year of marriage after retirement, where his or her annuity was not reduced or fully reduced to provide a survivor annuity at the time of retirement, to provide an annuity for the new spouse in the event such spouse survives the retired participant (in such case, to the greatest extent practicable, the retired participant would be required to deposit an amount by which his or her annuity would have been reduced if the election had been in effect since the date of retirement or, if the annuity was subsequently reduced, the amount by which the annuity would have been reduced had the election been in effect since the date the previous reduction was terminated).

Reduces the remarriage age for purposes of entitlement to survivor and retirement benefits under CIARDS.

Requires a surviving spouse who remarries a retiree and becomes entitled to a CIARDS survivor annuity fund to choose between such annuity and any other survivor annuity to which he or she may be entitled.

Provides for the restoration of benefits of certain former CIA spouses whose benefits were terminated because of a remarriage before the age 55 that is later dissolved by death, annulment, or divorce.

Amends the Central Intelligence Agency Act of 1949 to restore health benefits of former spouses whose benefits were terminated because of a remarriage before the age of 55 that is later dissolved by death, annulment, or divorce.

Title IV: General Provisions - Permits appropriations authorized by this Act for benefits for Federal employees to be increased as may be necessary for increases in compensation or benefits authorized by law.

Prohibits the authorization of appropriations by this Act from constituting authority for the conduct of any illegal intelligence activity.

Authorizes the DCI to apply any unused portion of the annual allocation provided by the CIA Act of 1949 (permitting the DCI to authorize entry into the United States for permanent residence of up to 100 aliens annually) for FY 1991 through 1996 to permit the entry of employees of the Foreign Broadcast Information Service in Hong Kong and their dependents.

Amends the Department of Energy Organization Act to exempt from the competitive service all positions within the Department which are determined by the Secretary of Energy to be devoted to intelligence and intelligence-related activities.

Requires the DCI to direct that elements of the intelligence community, whenever compatible with national security interests, consistent with operational and security concerns, and fiscally sound, award contracts so as to maximize the procurement of products produced in the United States.

Title V: Department of Defense Intelligence Provisions - Authorizes the Secretary of Defense to grant the use of the DOD reimbursement rate for military airlift services provided by DOD to the CIA if such services are provided in support of activities related to national security objectives.

Directs the Defense Mapping Agency to offer certain maps and charts for sale. Authorizes the Secretary to withhold from public disclosure any geodetic product under DOD control that: (1) is restricted pursuant to an international agreement; or (2) contains information that would, if disclosed, reveal sources and methods used to obtain material for geodetic products or review military operational or contingency plans.

Amends the National Security Agency Act of 1959 to: (1) permit the Director of the National Security Agency (NSA) to use appropriated funds to provide employment and medical or psychological assistance to former NSA employees for up to five years after leaving NSA employment where such assistance is determined essential to avoid circumstances that might lead to the unlawful disclosure of classified information to which such employees had access; and (2) require such Director to report annually to specified congressional committees with respect to any expenditures made for such purpose.

Permits the Secretary to authorize elements of DOD to engage in commercial activities to provide for security for the conduct of authorized intelligence collection activities abroad. Prohibits such activities from being conducted after December 31, 1995. Sets forth provisions concerning the use, disposition, and auditing of funds generated by such actvities. Authorizes the Secretary, if any Federal laws and regulations would create an unacceptable risk of compromise of an authorized intelligence collection activity, to waive compliance with such laws or regulations. Permits personnel to conduct such activities in the United States only to the extent necessary to support intelligence activities abroad. Prohibits entities engaged in such activities from employing, assigning, or detailing U.S. persons to perform duties for such entities unless such persons are informed in advance of the intelligence security purposes of such activities.

Requires the Secretary to issue regulations which, at a minimum: (1) specify all officials authorized to approve such commercial activities; (2) require the personal approval of the Secretary, or Deputy Secretary, of Defense for all sensitive activities to be authorized pursuant to this Act; (3) specify all officials who are authorized to grant waivers of laws or regulations, or to approve the establishment or conduct of commercial activities; (4) designate a single office within the Defense Intelligence Agency to be responsible for the management and supervision of all such authorized activities; (5) require prior legal review of all such authorized activities; and (6) provide for the internal audit controls and oversight for such activities.

Requires the Secretary to ensure that the House and Senate Intelligence Committees are kept currently and fully informed of such activities.

Directs the Secretary to provide to any Member of Congress, upon request, complete access to the Tighe Report (the classified report of the Defense Intelligence Agency relating to efforts to fully account for U.S. military personnel listed as prisoners, missing, or unaccounted for in military actions.) Authorizes the Secretary to withhold from disclosure any material that would compromise sources and methods of intelligence.

Title VI: Oversight of Intelligence Activities - Amends the Foreign Assistance Act of 1961 and the National Security Act of 1947 to revise and consolidate intelligence oversight provisions.

Requires the President (under current law the CIA Director and agency heads) to ensure that: (1) the intelligence committees are kept informed of U.S. intelligence activity, including any significant anticipated intelligence activities; and (2) any legal intelligence activity as well as any corrective action is reported to such committees.

Specifies that nothing in this Act shall be construed as authority to withhold information from the intelligence committees on the grounds that providing such information to such committees would constitute the unauthorized disclosure of classified information or information relating to intelligence sources and methods.

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

Bars the President from authorizing the conduct of covert actions by departments, agencies, or entities of the United States unless he determines such activities are necessary to support the foreign policy objectives of the United States. (Current law requires the President to determine only that each such operation is important to national security.) Requires such a determination to be set forth in a written finding that: (1) is not retroactive; (2) specifies each participating Government entity and whether a third party not subject to U.S. regulations will be used; and (3) may not authorize any action which would violate the Constitution or any statute of the United States. Requires the President to ensure that any such determination or finding is reported to the intelligence committees before the covert activities are initiated, except in rare occasions which shall be justified by the President to the committees. Authorizes the President, in extraordinary circumstances affecting vital U.S. interests, to limit the reporting of findings or determinations to specified congressional officials but requires the President to provide a statement of the reasons for limiting access in such cases. Requires the President to notify the intelligence committees or congressional officials of any significant change in a previously-approved covert action. Prohibits the expenditure of any funds appropriated or otherwise made available to any Government entity for any covert action until such a presidential finding has been issued.

Defines "covert action" as any activity conducted by an element of the U.S. Government to influence political, economic, or military conditions abroad so that the Government's role is not apparent or acknowledged. Excludes: (1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of U.S. Government programs, or administrative activities; (2) traditional diplomatic or military activities or routine support to such activities; (3) traditional law enforcement activities conducted by U.S. Government law enforcement agencies or routine support to such activities; or (4) certain activities to provide routine support to the overt activities of other U.S. Government agencies abroad.

Specifies that a request by any U.S. department, agency, or entity to a foreign government or a private citizen to conduct a covert action on behalf of the United States shall be deemed to be a covert action.

Prohibits the conduct of any covert action which is intended to influence U.S. political processes, public opinion, policies, or media.

Bars the expenditure of funds appropriated for, or otherwise available to, any U.S. Government department, agency, or entity for covert actions unless and until a Presidential finding has been signed or otherwise issued.

Specifies that funds available to an intelligence agency which are not appropriated funds may be obligated or expended for an intelligence or intelligence-related activity only if they are used for activities reported to the appropriate congressional committees pursuant to procedures jointly agreed upon by such committees and the DCI or the Secretary of Defense which identify types of activities for which nonappropriated funds may be expended and under what circumstances an activity must be reported as a significant anticipated intelligence activity before such funds can be expended, with exceptions.

Considers the anticipated transfer in any fiscal year of any aggregation of defense articles or services exceeding $1,000,000 in value by an intelligence agency to a recipient outside such agency as a significant anticipated intelligence activity.