Summary: H.R.5095 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Conference report filed in House (10/01/1992)

Intelligence Authorization Act for Fiscal Year 1993 - Title I: Intelligence Activities - Authorizes appropriations for FY 1993 for the conduct of intelligence activities of the following elements of the U.S. Government: (1) the Central Intelligence Agency (CIA); (2) the Department of Defense (DOD); (3) the Defense Intelligence Agency (DIA); (4) the National Security Agency (NSA); (5) the Departments of the Army, Navy, and Air Force; (6) the Department of State; (7) the Department of the Treasury; (8) the Department of Energy; (9) the Federal Bureau of Investigation (FBI); and (10) the Drug Enforcement Administration.

Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1993, for the conduct of such activities are those specified in the classified Schedule of Authorizations.

Authorizes the Director of Central Intelligence (DCI) to authorize employment of civilian personnel in excess of the numbers authorized for FY 1993 when necessary to the performance of important intelligence functions, subject to specified limitations.

Requires the DCI to promptly notify the House and Senate intelligence committees whenever the DCI exercises the authority granted under this title.

Authorizes: (1) appropriations for the Community Management Staff (CMS) of the DCI; and (2) 161 full-time CMS personnel as of September 30, 1993.

Provides that, during FY 1993, any officer or employee of the United States or a member of the Armed Forces who is detailed to the Armed Forces who is detailed to the CMS from another element of the Government shall be detailed on a reimbursable basis, with exceptions.

Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1993.

Title III: General Provisions - Authorizes appropriations for such additional amounts for FY 1993 as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law.

Specifies that such authorization of appropriations does not constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.

Expresses the sense of the Congress that, beginning in 1993, the aggregate amount requested and authorized for, and spent on, intelligence and intelligence-related activities should be disclosed to the public.

Authorizes funds for an advanced airborne reconnaissance system.

Title IV: Department of Defense Intelligence Activities - Authorizes the Secretary of Defense to use appropriated funds to assist employees who have been in sensitive positions in DIA and who are found to be ineligible for continued access to sensitive compartmented information and employment with DIA, or whose employment with DIA has been terminated, in finding and qualifying for subsequent employment, receiving treatment of medical or psychological disabilities, and providing necessary financial support during periods of unemployment. Conditions such assistance on the Secretary's determining that the assistance is essential to maintain the judgement and emotional stability of such employee and to avoid circumstances that might lead to the unlawful disclosure of classified information to which the employee had access. Specifies that such assistance shall not be provided any longer than five years after termination of employment. Sets forth reporting requirements.

Authorizes the Secretary to include senior executive service (SES) positions within the civilian intelligence personnel system, subject to specified limitations. Directs the Secretary to fix rates of pay for, and prescribe regulations concerning, such positions. Authorizes the President to award ranks to such SES members.

Requires notice to congressional intelligence committees of DOD real property transactions and construction projects involving intelligence agencies.

Redesignates the National Security Education Act of 1991 as the David L. Boren National Security Education Act of 1991. Amends such Act to direct the Secretary to carry out a program for awarding: (1) scholarships to undergraduate students who are U.S. citizens to study for at least one academic semester in foreign countries determined to be critical countries (as under current law) or for an equivalent term; and (2) fellowships to graduate students who are U.S. citizens to pursue education as part of a graduate degree program of a U.S. institution of higher education (currently, to pursue education in the United States) in specified fields.

Authorizes the Secretary to enter into personal service contracts for periods up to one year for program administration, except that not more than ten such contracts may be in effect at any one time.

Repeals a provision requiring the Secretary to administer the program through the Defense Intelligence College. Directs the Secretary to establish an independent center for international studies to administer the program.

Includes as members of the National Security Education Board: (1) the Chairperson of the National Endowment for the Humanities; and (2) six (currently, four) individuals appointed by the President, by and with the advice and consent of the Senate, who shall be experts in specified fields (as under current law) and who may not be officers or employees of the Federal Government. Directs the Secretary to invest in full the amount in the National Security Education Trust Fund that is not immediately necessary for expenditure (currently, for obligation).

Authorizes appropriations to the Fund.

Amends the National Security Agency Act of 1959 to provide that no civil service-level employee of NSA may be paid above the rate paid to employees at Executive Level IV. Authorizes the Secretary to provide to NSA employees, in addition to basic pay, the same benefits, allowances, incentives, or compensation as other Federal employees are eligible to receive.

Exempts the National Reconnaissance Office (NRO) from requirements for the disclosure of personnel information, with exceptions.

Title V: Federal Bureau of Investigation Administrative Provisions - Authorizes the Director of the FBI, during FY 1993, to accept bequests or devises made by U.S. citizens, on behalf of the FBI, to: (1) fund and administer a scholarship program for the benefit of the immediate families of Federal law enforcement officers slain or permanently disabled in the line of duty; and (2) pay all necessary expenses in connection with the acceptance of such bequests or devices.

Specifies that: (1) proceeds from the sale of property accepted as a bequest or devise by the Director shall be maintained in an interest bearing account and shall remain available for disbursement until expended; and (2) such authority may be exercised only to the extent and in such amounts as provided in advance in appropriation Acts.

Title VI: Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to grant the Inspector General of the CIA authority to receive complaints and information from any person (currently, from CIA employees).

Title VII: Intelligence Organization - Intelligence Organization Act of 1992 - Amends the National Security Act of 1947 (the Act) to provide definitions of various terms used in subsequent amendments made to the Act.

Authorizes the DCI (or, in his absence, the Deputy DCI) to attend and participate in meetings of the National Security Council (NSC).

Revises provisions with respect to the appointment of the DCI and Deputy DCI. Directs that the DCI serve as head of the U.S. intelligence community, act as the principal adviser to the President for intelligence matters related to the national security, and (as under current law) serve as head of the CIA.

Expresses the sense of the Congress that it is desirable that either the DCI or Deputy DCI be a commissioned officer of the armed forces or that either such appointee otherwise have, by training or experience, an appreciation of military intelligence activities and requirements.

Sets forth provisions with respect to the appointment and supervision of commissioned officers.

Directs that the Office of the DCI, for administrative purposes, be within the CIA.

Adds the position of DCI to the list of executive branch officials designated at Executive Level I (currently, at Level II).

Repeals a provision providing for a DCI Community Staff.

Makes the DCI, under the direction of the NSC, responsible for providing national intelligence, which should be timely, objective, independent of political considerations, and based upon all sources available to the intelligence community, to: (1) the President; (2) the heads of departments and agencies of the executive branch; (3) the Chairman of the Joint Chiefs of Staff and senior military commanders; and (4) where appropriate, the Senate and House of Representatives and the committees thereof.

Establishes within the Office of the DCI the National Intelligence Council, which shall be composed of senior analysts within the intelligence community and substantive experts from the public and private sector, which shall: (1) produce national intelligence estimates for the Government (including, whenever the Council deems appropriate, alternative views held by elements of the intelligence community); and (2) otherwise assist the DCI in carrying out responsibilities.

Directs the DCI, in his capacity as head of the intelligence community, to: (1) develop and present to the President and the Congress an annual budget for the National Foreign Intelligence Program (Program) of the United States; (2) establish the requirements and priorities to govern the collection of national intelligence by elements of the intelligence community; (3) promote and evaluate the utility of national intelligence to consumers within the Government; (4) eliminate waste and unnecessary duplication within the intelligence community; (5) protect intelligence sources and methods from unauthorized disclosure; and (6) perform such other functions as the President or NSC may direct.

Directs the DCI, in his capacity as head of the CIA, to: (1) collect intelligence through human sources and by other appropriate means, subject to specified limitations; (2) provide overall direction for the collection of national intelligence through human sources by elements of the intelligence community authorized to undertake such collection, and ensure that the most effective use is made of resources and that the risks to the United States and those involved in such collection are minimized; (3) correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence; (4) perform such additional services as are of common concern to the elements of the intelligence community, which services the DCI determines can be more efficiently accomplished centrally; and (5) perform such other functions and duties related to intelligence affecting the national security as the President or NSC may direct.

Sets forth provisions concerning the authorities of the DCI with respect to: (1) access to intelligence; (2) approval of budgets; (3) the role of the DCI in reprogramming; (4) the transfer of funds or personnel within the Program; (5) coordination with foreign governments; (6) use of personnel; and (7) termination of employment of CIA employees.

Requires the Secretary to: (1) ensure that the budgets of the elements of the intelligence community within DOD are adequate to satisfy the overall intelligence needs of DOD; (2) ensure appropriate implementation of the policies and resource decisions of the DCI by elements of DOD within the Program; (3) ensure that the tactical intelligence activities of DOD complement and are compatible with intelligence activities under the Program; (4) ensure that the elements of the intelligence community within DOD are responsive and timely with respect to satisfying the needs of operational military forces; (5) eliminate waste and unnecessary duplication among the intelligence activities of DOD; and (6) ensure that intelligence activities of DOD are conducted jointly, where appropriate.

Directs the Secretary (subject to specified limitations) to ensure: (1) through NSA the continued operation of an effective unified organization for the conduct of signals intelligence activities and that the product is disseminated in a timely manner to authorized recipients; (2) through a central imagery authority, with appropriate representation from the intelligence community, the continued operation of an effective unified organization within DOD for carrying out tasking of imagery collection, coordinating imagery processing and exploitation activities, and ensuring dissemination of imagery in a timely manner to authorized recipients; (3) through the NRO, the continued operation of an effective unified organization for the research and development, acquisition, and operation of overhead reconnaissance systems necessary to satisfy requirements of all elements of the intelligence community; (4) through DIA, the continued operation of an effective unified system within DOD for the production of timely, objective military and military-related intelligence, based upon all sources available to the intelligence community, and ensure the appropriate dissemination of such intelligence to authorized recipients; (5) through DIA, effective management of DOD human intelligence activities, including defense attaches; and (6) that the military departments maintain sufficient capabilities to collect and produce intelligence to meet the requirements of the DCI, the Secretary, the Chairman of the Joint Chiefs of Staff, and the unified and specified combatant commands and joint operations, and the specialized requirements of the departments for intelligence necessary to support tactical commanders, military planners, the research and development process, the acquisition of military equipment, and training and doctrine.

Directs the Secretary to: (1) undertake appropriate consultations with the DCI before the appointment of any individual as head of NSA, NRO, or DIA; and (2) appoint, upon the recommendation of the DCI, the head of the central imagery authority within DOD.

Title VIII: Restatement of CIARDS Statute - CIARDS Technical Corrections Act of 1992 - Restates and revises the Central Intelligence Agency Retirement Act of 1964 for Certain Employees. Incorporates into the Act executive order provisions that currently apply to the administration of the Central Intelligence Agency Retirement and Disability System (CIARDS). States that the Act may be cited as the Central Intelligence Agency Retirement Act (CIARA).

Conforms the definition of "surviving spouse" under CIARDS with the definition of the term under the Civil Service Retirement System (CSRS) by reducing the length of the marriage requirement in CIARDS from one year to nine months for spouses of death-in-service participants. Allows a CIARDS participant to elect an actuarially reduced annuity in lieu of paying a deposit for retirement contributions refunded to the participant for service prior to October 1990.

Specifies the survivor benefits payable to qualified former spouses of CIA employees covered under the Federal Employees' Retirement System (FERS).

Provides that: (1) amounts deducted and withheld from the basic pay of a participant after 35 years of service shall earn interest after December 31, 1984, at a specified rate; and (2) upon the participant's separation from the CIA, such amounts not required for a prior service credit deposit may be refunded to a participant in a lump sum subject to a notice and concurrence requirement or utilized to purchase an additional annuity or survivor benefit.

Revises current law with respect to the computation and payment of annuities. Provides for the crediting of part-time service. Requires that an election by a participant and former spouse to waive, reduce, or increase a survivor annuity must be made by the later of the 12 months after divorce or the participant's retirement. Adjusts the dollar limits applicable to the annuities payable to surviving children. Specifies that the commencement and termination dates of a survivor annuity elected by an unmarried participant for an individual having an insurable interest in the unmarried participant are the same as the commencement and termination dates of other survivor annuities under the Act. Sets forth provisions regarding information needed for computation of annuities from other agencies.

Repeals provisions concerning minimum benefit amounts of certain annuities.

Sets forth provisions with respect to the standard for disability annuities with military and veterans benefits.

Requires coordination of disability annuities with workers' compensation.

Sets forth provisions relating to a participant's entitlement to be paid a lump-sum credit. Brings the conditions for payment of lump-sum credit under court order to a former spouse into conformity with CSRS.

Specifies that extra credit for periods served at unhealthful posts overseas shall not be used to determine the eligibility of a participant's former wife or former husband to qualify as a former spouse, or to compute the former spouse's proportionate share of benefits.

Revises the definition of civilian service includable in the calculation of a participant's period of service. Prohibits certain prior service credit unless retirement deductions or a deposit have been made. Limits the general rule on the effect of entitlement to social security benefits based on military pay. Sets forth a procedure by which deposits may be made to cover periods of military service.

Sets forth provisions regarding the payment of benefits, including provisions with respect to: (1) the monthly rate payable; (2) commencement of the annuity; and (3) termination of the annuity. Provides for an application procedure for survivor annuities, and for a waiver of an annuity, in conformity with similar provisions under CSRS. Sets deadlines by which applications for certain benefits must be made. Sets forth provisions regarding the withholding of State income tax from annuities.

Spells out the treatment of the qualified former spouse thrift savings plan (TSP) benefit. Provides that, unless otherwise expressly provided by a spousal agreement or court order, a qualified former spouse of an employee covered under FERS is entitled to a share of the balance in the employee's account in the Thrift Savings Fund on the date of divorce equal to 50 percent of the account balance that accrued during the period of the marriage.

Specifies that: (1) the qualified former spouse's benefit is to be paid in a lump sum upon receipt by the DCI of the divorce decree or any applicable court order or spousal agreement, together with any information or documentation that the DCI may require; (2) if the qualified former spouse dies before payment of the benefit to which he or she is entitled, payment is to be made to the estate of the qualified former spouse; (3) payment to one individual bars recovery by any other individual; and (4) no payment may be made by the DCI if the date on which the divorce becomes final occurs after the date the account has been closed or an annuity contract has been purchased.

Specifies that, in the case of any employee or retired employee who has a qualified former spouse who is covered by a court order or who is a party to a spousal agreement, any right of the qualified former spouse to retirement and survivor benefits, to any TSP benefit, and to any lump-sum credit under CIARA, and the amount of any such benefit or payment, shall be determined in accordance with such agreement or order if and to the extent expressly provided for in the terms of such agreement or order that are not inconsistent with requirements under CIARA.

Directs that the sums deducted from the salary of a reemployed annuitant be deposited in the Treasury to the credit of the Fund.

Sets forth the interest rate applicable to voluntary contributions after December 31, 1984.

Ties the cost-of-living adjustments (COLAs) of CIARDS annuities to corresponding percentage increases in CSRS annuities. Sets forth a limitation on the maximum amount an annuity may be increased by COLAs.

Amends the Central Intelligence Agency Act of 1949, the National Security Agency Act of 1959, and specified other statutory provisions to change citations to the Central Intelligence Agency Retirement Act of 1964 for Certain Employees to citations to CIARA.