Summary: H.R.2038 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (11/18/1991)

Intelligence Authorization Act, Fiscal Year 1992 - Title I: Intelligence Activities - Authorizes appropriations for FY 1992 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.

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

Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1992.

Establishes an end strength ceiling of 218 full-time Intelligence Community Staff employees, including 50 full-time personnel who are authorized to serve in the Security Evaluation Office and three full-time personnel who are authorized to serve on the DCI's foreign language committee. Provides that such staff shall be administered in the same manner as the CIA.

Title III: Central Intelligence Agency Retirement and Disability System Provisions - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1992. Amends the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (CIARA) to provide that, with respect to provisions relating to the computation of survivor benefits for the children of a deceased participant or annuitant in the CIA Retirement and Disability System (CIARDS), the existence of the child's other parent, whether that parent is the spouse or former spouse of the employee or annuitant, shall be recognized and the child paid at the rate applicable to a single orphan. Grants CIARDS retirees an additional 18-month period from the date of retirement during which they may change the survivor benefit election made at the time of retirement (if they were married at that time and elected a reduced base for the survivor annuity or did not elect a survivor annuity) and provide for or increase a current spouse survivor annuity, subject to specified conditions. Makes such changes effective on the first day of the fourth month beginning after the enactment date of this Act.

Authorizes the DCI to waive the 30-month application requirement with respect to CIARDS survivor benefits.

Permits (currently, requires) costs associated with medical examinations and related travel for CIARDS disability retirement determinations for participants to be paid out of the CIARDS fund.

Allows survivor benefits to be provided for a previous spouse whose divorce occurs after September 29, 1988.

Provides for mandatory retirement for CIARDS participants of level four or above of the Senior Intelligence Service pay schedule (under current law, of grade GS-18 or above) upon reaching age 65.

Precludes Thrift Savings Plan (TSP) participation by CIA foreign national employees who serve overseas and are subject to the Civil Service Retirement System.

Entitles certain former spouses of CIA employees to CIARDS survivor and retirement benefits, even if the employee elected to participate in the Federal Employees' Retirement System.

Sets forth the benefits as follows: (1) the retirement benefits shall be equal to 50 percent of the employee's annuity, multiplied by the proportion that the number of days of marriage during the period of the employee's creditable service before the effective date of the election to transfer bears to the employee's total creditable service before such effective date; and (2) the survivor benefits shall be equal to 55 percent of the full amount of the employee's annuity computed in accordance with the Federal Employees' Retirement Service Act of 1986 or the CIARA. Makes such entitlement effective as of December 2, 1987.

Eliminates the requirement that the former husband or wife may qualify as a "former spouse" for purposes of CIARA only if such spouse (together with the participant) has spent five years outside the United States.

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.

Specifies that 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.

Requires the DCI to direct that elements of the Intelligence Community, whenever compatible with U.S. national security interests, consistent with operational and security concerns, and fiscally sound, award contracts in a manner that would maximize the procurement of products in the United States.

Sets the rate of basic pay for the CIA Inspector General.

Amends the National Security Agency Act of 1959 to authorize the Secretary of Defense (Secretary) to pay expenses for the transportation of the remains of National Security Agency (NSA) employees who die while on a rotational tour of duty within the United States or while in transit to or from such tour of duty and for the transportation of dependents of such employees.

Requires the Secretary to submit a report, within 90 days, to specified congressional committees, setting forth: (1) the number of members of the armed forces or civilian employees of the United States who remain unaccounted for as a result of military actions during World War II or the Korean conflict; (2) a description of the nature and location of any military records which pertain to such individuals; (3) an identification and description of any military records (including the location of such records) pertaining to such individuals that are not available to family members or the public and a statement explaining why such records are not available; and (4) an assessment of the feasibility and costs of identifying, segregating, and relocating all such records to a central location within the United States.

Title V: Federal Bureau of Investigation Provisions - Requires the Director of the Federal Bureau of Investigation (FBI) to conduct a study relative to the establishment of an undergraduate training program for FBI employees that is similar in purpose, conditions, content, and administration to such programs administered by the CIA, NSA, and Defense Intelligence Agency. Authorizes the Director to carry out any such program in a fiscal year only to the extent that appropriated funds are available for that purpose, and only after review and approval by the Department of Justice and the Office of Management and Budget (OMB).

Title VI: Central Intelligence Agency Consolidation Plan - Authorizes up to $10,000,000 (of amounts authorized by this Act for the CIA) for costs associated with land acquisition and related expenditures necessary to implement a plan for the consolidation of CIA facilities. Bars the obligation of such funds until specified conditions have been met and a 60-day period, beginning on the date on which all of such conditions have been met, has expired. Provides that: (1) any certification or report required under this title must be provided in writing to the intelligence and appropriations committees; and (2) if any of the required certifications cannot be provided, the DCI shall reopen the planning process to the extent required to address any procedures that were determined to be deficient. Authorizes up to $20,000,000 to be made available if the DCI determines that additional funds are required during FY 1992 to implement such plan.

Authorizes the Director to spend not to exceed $500,000 for options and agreements to ensure the continued availability of property under consideration for the plan without regard to the 60-day period.

Sets the following conditions and certifications that must be met before such funds (other than the $500,000 authorized to ensure the continued availability of property under consideration within the 60-day period) may be obligated: (1) the DCI has certified that, with respect to procedures governing land acquisition by the CIA, there are written procedures for such acquisition currently in effect, consistent with land acquisition procedures of the General Services Administration, and the process used by the CIA in developing the plan was in accordance with such procedures; and that, with respect to CIA contracts for construction and for the acquisition of movable property, equipment, and services, the procedures of the CIA are consistent with procedures under the Federal Acquisition Regulation; (2) the Administrator of General Services has provided a written report stating that, in his opinion, implementing the plan will result in cost savings to the Government and the plan will conform to applicable governmental regulations; (3) the Director of OMB has certified that the consolidation plan and associated costs have been reviewed by OMB, and that the funding for such plan is consistent with the 1990 budget agreement and has been approved by the Administration; (4) the Inspector General of the CIA has certified that any corrective actions recommended as a result of its inquiry into the plan, and concurred in by the DCI, will be implemented; and (5) the DCI has provided to the intelligence and appropriations committees a site evaluation, a description of the anticipated effect of implementing the plan on CIA personnel, and the DCI's assurances that the DCI, in evaluating and approving the plan, has considered global changes and budget constraints that may have the effect of reducing CIA personnel requirements in the future.

Title VII: Budget Total for Intelligence and Intelligence-Related Activities - Expresses the sense of the Congress that, beginning in 1993 and in each year thereafter, the aggregate amount requested and authorized for, and spent on, intelligence and intelligence-related activities should be disclosed to the public.

Title VIII: National Security Scholarships, Fellowships, and Grants - National Security Education Act of 1991 - Directs the Secretary to carry out a program for awarding: (1) scholarships to undergraduate students who are U.S. citizens to enable such students to study, for at least one academic semester, in foreign countries that are critical countries; (2) fellowships to graduate students who are U.S. citizens to enable such students to pursue education in the United States in the disciplines of foreign languages, area studies, and other international fields that are critical areas of those disciplines, and enter into an agreement to work for a Federal agency or office or in the field of education in the area of study for which the fellowship was awarded; and (3) 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.

Specifies that: (1) of the amount available for obligation out of the National Security Education Trust Fund (Fund) (established under this Act) for any fiscal year for the purposes of this title, the Secretary shall have a goal of allocating one-third each of such amount for the awarding of scholarships, fellowships, and grants; and (2) the program required under this title shall be carried out in consultation with the National Security Education Board (NSEB) (established under this Act).

Authorizes the Secretary to contract with private national organizations having expertise in foreign languages, area studies, and other international fields, for the award of such scholarships, fellowships, and grants without regard to a specified statute or any other provision of law that requires the use of competitive procedures.

Requires the Secretary or contract organization, in awarding a scholarship or fellowship under the program, to require a recipient of any fellowship, or scholarship that provides assistance for periods that aggregate 12 months or more, to enter into an agreement: (1) to maintain satisfactory academic progress (and agree that failure to maintain such progress shall constitute grounds upon which the Secretary or contract organization may terminate such assistance); (2) to work for the Federal Government or in the field of education in the area of study for which the scholarship or fellowship was awarded for a period specified by the Secretary (no more than the same period for which scholarship assistance, and from one to three times the period for which the fellowship assistance, was provided), upon completion of the education; and (3) to reimburse the United States for the amount of assistance provided to the recipent under the program, with interest, if the recipient fails to meet such obligations.

Directs the Secretary or contract organization, in selecting the recipients for such awards, to take into consideration the extent to which: (1) the selections will result in there being an equitable geographic distribution of such scholarships, fellowships, or grants among the various regions of the United States; and (2) the distribution of scholarships and fellowships to individuals reflects the cultural, racial, and ethnic diversity of the U.S. population.

Requires the Secretary to: (1) award scholarships, fellowships, and grants under the program based on a merit review process; and (2) administer the program through the Defense Intelligence College.

Specifies that no person who receives assistance under this title shall, as a condition of receving such assistance or under any other circumstances, be used by any entity of the Government engaged in intelligence activities to undertake any activity on its behalf during the period such person is pursuing a program of education for which funds are provided pursuant to this title.

Directs the Secretary to establish the NSEB. Sets forth provisions with respect to the composition, term of appointees, and functions of the NSEB.

Establishes in the U.S. Treasury the Fund. Specifies that the assets of the Fund consist of amounts appropriated and credited to the Fund.

Specifies that: (1) sums in the Fund shall, to the extent provided in appropriations Acts, be available for awarding scholarships, fellowships, and grants in accordance with, and for properly allocable costs of the Government for the administration of the program under, this title; and (2) no amount may be appropriated to, or obligated from, the Fund unless authorized by law.

Directs the Secretary of the Treasury to invest in full the amount in the Fund that is not immediately necessary for obligation, subject to specified requirements. Sets forth provisions with respect to: (1) authority to sell obligations; and (2) amounts credited to the Fund.

Authorizes the Secretary to prescribe regulations to carry out the program required by this title. Requires the Secretary to submit a copy of proposed regulations to the House and Senate intelligence committees before prescribing any such regulations. Specifies that such proposed regulations may not take effect until 30 days after the date on which they are submitted to such committees.

Sets forth provisions with respect to: (1) the acceptance and use of gifts; (2) voluntary services; (3) necessary expenditures; (4) reporting requirements; and (5) audits by the General Accounting Office.

Authorizes appropriations to, and obligations from, the Fund.