Find a Security Clearance Job!

Intelligence


INTELLIGENCE AUTHORIZATION ACT (Senate - July 26, 1991)

[Page: S11100]
    
  • [Begin insert]
Mr. BOREN. Mr. President, on behalf of the Select Committee on Intelligence, I recently introduced S. 1539, the Intelligence Authorization Act, fiscal year 1992 (S. Rept. 102-117).

This bill would authorize appropriations for fiscal year 1992 for the conduct of the intelligence activities of the following elements of the U.S. Government: the Central Intelligence Agency, the Department of Defense--to include the Defense Intelligence Agency, the National Security Agency, and each of the military departments--and the national intelligence activities of the Departments of State, Treasury, Energy, and the Federal Bureau of Investigation.

The bill also would require the President, starting with the fiscal year 1993 budget request, to disclose the amounts requested for intelligence activities and the amounts spent in the prior fiscal year. In addition, the bill would require the conference report on the annual intelligence authorization to disclose the amount authorized for intelligence.

The bill also makes certain changes to the CIA retirement and disability system, and directs the FBI to conduct a study relative to the establishment of an undergraduate training program similar in purpose, conditions, content, and administration to those administered by the CIA, NSA, and DIA.

Finally, the bill authorizes funds within the intelligence budget for a national security education program. This program will begin to correct serious deficiencies in the Nation's training in the areas of foreign languages, regional studies, and international studies.

Mr. President, I ask that the text of this legislation be printed in the Record.

The bill follows:

S. 1539

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the `Intelligence Authorization Act, Fiscal Year 1992'.

TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1992 for the conduct of the intelligence activities of the following elements of the United States Government:

(1) The Central Intelligence Agency.

(2) The Department of Defense.

(3) The Defense Intelligence Agency.

(4) The National Security Agency.

(5) The Department of the Army, the Department of the Navy, and the Department of the Air Force.

(6) The Department of State.

(7) The Department of Treasury.

(8) The Department of Energy.

(9) The Federal Bureau of Investigation.

(10) The Drug Enforcement Administration.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Amounts and Personnel Ceilings: The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1992, for the conduct of the intelligence activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared to accompany S. XXX of the One Hundred Second Congress.
(b) Availability of the Schedule of Authorizations: The Schedule of Authorizations described in subsection (a) shall be made available to the Committees on Appropriations of the Senate and the House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
The Director of Central Intelligence may authorize employment of civilian personnel in excess of the numbers for such personnel authorized for fiscal year 1992 under sections 102 and 202 of this Act whenever he determines that such action is necessary for the performance of important intelligence functions, except that such number may not, for any element of the Intelligence Community, exceed 2 percent of the number of civilian personnel authorized under such section for such element. The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever he exercises the authority granted by this section.

SEC. 104. PRESIDENTIAL BUDGET SUBMISSION.
Section 1105(a) of title 31, United States Code, is amended by inserting at the end thereof the following new paragraph:

`(29) a separate, unclassified statement of the aggregate amount of expenditures for the previous fiscal year, and the aggregate amount of funds requested to be appropriated for the fiscal year for which the budget is submitted, for intelligence and intelligence-related activities.'.

[Page: S11101]
    

SEC. 105. FUNDING OF INTELLIGENCE ACTIVITIES.
Section 502 of the National Security Act of 1947 (50 U.S.C. 414) is amended--

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following:
`(c) Any bill reported by a committee of conference of the Congress which authorizes funds to be appropriated for intelligence and intelligence-related activities of the United States shall contain an unclassified statement of the aggregate amount of such funds authorized to be appropriated.'.

TITLE II--INTELLIGENCE COMMUNITY STAFF

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for the Intelligence Community Staff for fiscal year 1992 $28,832,000, of which amount $6,566,000 shall be available for the Security Evaluation Office.

SEC. 202. AUTHORIZATION OF PERSONNEL END-STRENGTH.
(a) Authorized Personnel Level: The Intelligence Community Staff is authorized 240 full-time personnel as of September 30, 1992, including 50 full-time personnel who are authorized to serve in the Security Evaluation Office. Such personnel of the Intelligence Community Staff may be permanent employees of the Intelligence Community Staff or personnel detailed from other elements of the United States Government.
(b) Representation of Intelligence Elements: During fiscal year 1992, personnel of the Intelligence Community Staff shall be selected so as to provide appropriate representation from elements of the United States Government engaged in intelligence and intelligence-related activities.
(c) Reimbursement: During fiscal year 1992, any officer or employee of the United States or a member of the Armed Forces who is detailed to the Intelligence Community staff from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence.

SEC. 203. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY.
During fiscal year 1992, activities and personnel of the Intelligence Community Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in the same manner as activities and personnel of the Central Intelligence Agency are subject to those provisions.

TITLE III--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM PROVISIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $164,100,000 for fiscal year 1992.

SEC. 302. SURVIVOR BENEFITS FOR CHILDREN WHO HAVE A SURVIVING PARENT.
(a) Computation of Annuities for Other Than Former Spouses: Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended--

(1) in subsection (c)(1), by striking out `wife or husband and by a child or children, in addition to the annuity payable to the surviving wife or husband, there shall be paid to or on behalf of each' and inserting in lieu thereof `spouse or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant, there shall be paid to or on behalf of that surviving';

(2) in subsection (c)(2), by striking out `wife or husband but by a child or children, each surviving child shall be paid' and inserting in lieu thereof `spouse or a former spouse who is the natural or adoptive parent of a surviving child of the annuitant, there shall be paid to or on behalf of that surviving child';

(3) by amending subsection (d) to read as follows:
`(d) On the death of the surviving spouse or former spouse or termination of the annuity of a child, the annuity of any remaining child or children shall be recomputed and paid as though the spouse, former spouse, or child had not survived the participant. If the annuity to a surviving child who has not been receiving an annuity is initiated or resumed, the annuities of any other children shall be recomputed and paid from that date as though the annuities to all currently eligible children were then being initiated.';

(4) by adding at the end thereof the following new subsection:
`(q) For purposes of this section--

`(1) the term `former spouse' includes any former wife or husband of the participant, regardless of the length of marriage or the amount of creditable service completed by the participant; and

`(2) the term `spouse' has the same meaning given the terms `widow' and `widower' in section 204(b).'; and

(5) in subsection (e), by striking out `under paragraph (c) or (d) of this section, or (c) or (d)' and inserting in lieu thereof `under subsection (c) of this section, or subsection (c) or (d)'.
(b) Death in Service: Section 232 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended--

(1) in subsection (c)--

(A) by striking out `wife or a husband and a child or children, each' and inserting in lieu thereof `spouse or a former spouse who is the natural or adoptive parent of a surviving child of the participant, that';

(B) by striking out `section 221(c)(1)' and inserting in lieu thereof `subsections (c)(1) and (d) of section 221'; and

(C) by striking out the last sentence;

(2) in subsection (d)--

(A) by striking out `wife or husband, but by a child or children, each' and inserting in lieu thereof `spouse or a former spouse who is the nature or adoptive parent of a surviving child of the participant, that';

(B) by striking out `section 221 (c)(2)' and inserting in lieu thereof `subsections (c)(2) and (d) of section 221'; and

(C) by striking out the last sentence; and

(3) by adding at the end thereof the following new subsection:
`(e) For purposes of subsections (c) and (d)--

`(1) the term `former spouse' includes any former wife or husband of the participant, regardless of the length of marriage or the amount of creditable service completed by the participant; and

`(2) the term `spouse' has the same meaning given the terms `widow' and `widower' in section 204(b).'.

SEC. 303. 18-MONTH PERIOD TO ELECT A SURVIVOR ANNUITY.
(a) Section 221 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended--

(1) by redesignating subsection (q) (as added by subsection (a)) as subsection (r); and

(2) by inserting after subsection (p) the following new subsection:
`(q)(1)(A) A participant or former participant--

`(i) who, at the time of retirement, is married, and

`(ii) who elects at such time (in accordance with subsection (b)) to waive a survivor annuity for the spouse, may, during the 18-month period beginning on the date of the retirement of such participant, elect to have a reduction under subsection (b) of this section made in the annuity of the participant (or in such portion thereof as the participant may designate) in order to provide a survivor annuity for such spouse of the participant.
`(B) A participant or former participant--

`(i) who, at the time of retirement, is married, and

`(ii) who, at such time designates (in accordance with subsection (b)) that a portion of the annuity of such participant is to be used as the base for a survivor annuity, may, during the 18-month period beginning on the date of the retirement of such participant, elect to have a greater portion of the annuity of such participant so used.
`(2)(A) An election under subparagraph (A) or (B) of paragraph (1) of this subsection shall not be considered effective unless the amount specified in subparagraph (B) is deposited into the fund before the expiration of the applicable 18-month period under paragraph (1).
`(B) The amount to be deposited with respect to an election under this subsection is an amount equal to the sum of--

`(i) the additional cost to the system which is associated with providing a survivor annuity under subsection (b) and results from such election, taking into account (I) the difference (for the period between the date on which the annuity of the participant or former participant commences and the date of the election) between the amount paid to such participant or former participant under this title and the amount which would have been paid if such election had been made at the time the participant or former participant applied for the annuity, and (II) the costs associated with providing for the later election; and

`(ii) interest on the additional cost determined under clause (i), computed using the interest rate specified or determined under section 8334(e) of title 5, United States Code, for the calendar year in which the amount to be deposited is determined.
`(3) An election by a participant or former participant under this subsection voids prospectively any election previously made in the case of such participant under subsection (b).
`(4) An annuity which is reduced in connection with an election under this subsection shall be reduced by the same percentage reductions as were in effect at the time of the retirement of the participant or former participant whose annuity is so reduced.
`(5) Rights and obligations resulting from the election of a reduced annuity under this subsection shall be the same as the rights and obligations which would have resulted had the participant involved elected such annuity at the time of retiring.

`(6) The Director shall, on an annual basis, inform each participant who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable to such election.'.
(b)(1) The amendments made by subsection (a) shall take effect three months after the date of enactment of this Act.
(2)(A) Except as provided in subparagraph (B), the amendment made by subsection (a)(2) shall apply with respect to participants and former participants who retire before, on, or after such amendment first takes effect.
(B) The provisions of paragraph (1)(B) of section 221(q) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (as added by subsection (a)(2) of this section) shall apply to participants and former participants who retire before the date on which the amendments made by subsection (a) first takes effect. For the purpose of applying such provisions to these annuitants--

(i) the 18-month period referred to in section 221(q)(1)(B) of such Act shall be considered to begin on the date on which the amendments made by subsection (a) first becomes effective; and

(ii) the amount referred to in paragraph (2) of section 221(q) of such Act shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest).

[Page: S11102]
    

SEC. 304. WAIVER OF THIRTY-MONTH APPLICATION REQUIREMENT.
(a) Waiver: Section 224(c)(2)(A) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by adding at the end thereof the following new sentence: `The Director may waive the 30-month application requirement under this subparagraph in any case in which the Director determines that the circumstances so warrant.'.
(b) Effective Date: The amendment made by this section shall be effective as of October 1, 1986.

SEC. 305. REIMBURSEMENT FOR DISABILITY EXAMS--DIRECTOR'S DISCRETION.
Section 231(b)(1) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended (50 U.S.C. 403 note), is amended in the sixth sentence by striking `shall' and inserting in lieu thereof `may'.

SEC. 306. TECHNICAL CORRECTIONS TO SECTION ON PREVIOUS SPOUSES OF CIARDS PARTICIPANTS.
(a) Survivor Annuities for Previous Spouses: Section 226 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended--

(1) in subsection (a)--

(A) by striking out `whose retirement or disability or FECA (chapter 81 of title 5, United States Code) annuity commences after the effective date of this section';

(B) by striking out `applicable to spouses' and inserting in lieu thereof `applicable to former spouses (as defined in section 8331(23) of title 5, United States Code)'; and

(C) by striking out `married for a least nine months with service creditable under section 8332 of title 5, United States Code' and inserting in lieu thereof `as prescribed by the Civil Service Retirement Spouse Equity Act of 1984'; and

(2) in subsections (a) and (b), by striking out `the effective date of this section' each place it appears and inserting in lieu thereof `September 29, 1988'.
(b) Effective Date: (1) Except as provided in paragraphs (2) and (3), the amendments made by this section shall take effect on the date of enactment of this Act.
(2) The amendments made by subparagraphs (B) and (C) of subsection (a)(1) shall be deemed to have become effective as of September 29, 1988.
(3) The amendment made by subparagraph (A) of subsection (a)(1) shall be deemed to have become effective as of September 30, 1990, and shall apply in the case of annuitants whose divorce occurs on or after such date.

SEC. 307. TECHNICAL CORRECTION TO MANDATORY RETIREMENT PROVISION UNDER CIARDS.
Section 235(b) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended--

(1) in the first sentence, by striking `grade GS-18 or above' and inserting in lieu thereof `of level 4 or above of the Senior Intelligence Service pay schedule'; and

(2) in the second sentence, by striking `less than GS-18' and inserting in lieu thereof `that of level 4 of the Senior Intelligence Service pay schedule'.

SEC. 308. EXCLUSION OF CIA FOREIGN NATIONAL EMPLOYEES FROM CERTAIN CSRS PROVISIONS AND FROM FERS.
(a) Definition of `Employee': Section 8331(1) of title 5, United States Code, is amended--

(1) by striking `or' at the end of clause (xii);

(2) by striking the period at the end of clause (xii) and inserting in lieu thereof `; or'; and

(3) by adding after clause (xii) the following: `(xiii) a foreign national employee of the Central Intelligence Agency whose services are performed outside the United States and who is appointed after December 31, 1989.'.
(b) Participation in the Thrift Savings Plan: Section 8351 of title 5, United States Code, is amended--

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following:
`(d) A foreign national employee of the Central Intelligence Agency whose services are performed outside the United States shall be ineligible to make an election under this section.'.
(c) Federal Employees' Retirement System: Section 8402(c) of title 5, United States Code, is amended by adding at the end the following new paragraph:

`(7) The Director of Central Intelligence may exclude from the operation of this chapter a Central Intelligence Agency foreign national employee who is a permanent resident alien.'.
(d) Effective Date: (1) The amendment made by subsection (a) shall be effective as of January 1, 1990.
(2) The amendments made by subsections (b) and (c) shall be effective as of January 1, 1987.
(3) Any refund which becomes payable as a result of the effective dates made by this subsection shall, to the extent that such refund involves an individual's contributions to the Thrift Savings Fund (established under section 8437 of title 5, United States Code), be adjusted to reflect any earnings attributable thereto.

SEC. 309. CORRECTIONS AND CLARIFICATIONS TO QUALIFIED FORMER SPOUSE PROVISIONS UNDER FERS.
(a) Special Rules for Former Spouses: Section 304 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended to read as follows:

`SPECIAL RULES FOR FORMER SPOUSES


`Sec. 304. (a) Except as otherwise specifically provided in this section, the provisions of chapter 84 of title 5, United States Code, including subsections (d) and (e) of section 8435 of such title, shall apply in the case of an officer or employee of the Agency who is subject to chapter 84 of title 5, United States Code, and who has a former spouse (as defined in section 8401(12) of title 5, United States Code) or a qualified former spouse.
`(b) For purposes of this section--

`(1) the term `employee' means an officer or employee of the Agency who is subject to chapter 84 of title 5, United States Code, including one referred to in section 302(a) of this Act;

`(2) the term `qualified former spouse' means a former spouse of an employee who was divorced from the employee after November 15, 1982 and who was married to the employee for at least 10 years during periods of service by the employee which are creditable under section 8411 of title 5, at least five years of which were spent outside the United States by both the employee and the former spouse during the employee's service with the Central Intelligence Agency;

`(3) the term `pro rata share' means the percentage that is equal to (A) the number of days of the marriage of the qualified former spouse to the employee during the employee's periods of creditable service under chapter 84 of title 5 divided by (B) the total number of days of the employee's creditable service;

`(4) the term `spousal agreement' means any written agreement (properly authenticated as determined by the Director) between an employee and the employee's spouse or qualified former spouse that has not been modified by court order; and

`(5) the term `court order' means any court decree of divorce, annulment or legal separation, or any court order or court-approved property settlement agreement incident to such court decree of divorce, annulment or legal separation.
`(c)(1)(A) Unless otherwise expressly provided by any spousal agreement or court order governing disposition of benefits payable under subchapter II or subchapter V of chapter 84 of title 5, a qualified former spouse of an employee is entitled to a share (determined under subparagraph (B)) of all benefits otherwise payable to such employee under subchapter II or subchapter V of chapter 84 of title 5.
`(B) The share referred to in subparagraph (A) equals--

`(i) 50 percent, if the qualified former spouse was married to the employee throughout the entire period of the employees service which is creditable under chapter 84 of title 5; or

`(ii) a pro rata share of 50 percent, if the qualified former spouse was not married to the employee throughout such creditable service.
`(2) The benefits payable to an employee under subchapter II of chapter 84 of title 5 shall include, for purposes of this subsection, any annuity supplement payable to such employee under sections 8421 and 8421a of title 5.
`(3) A qualified former spouse shall not be entitled to any benefit under this subsection if, before commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age.
`(4)(A) the benefits of a qualified former spouse under this subsection commence on--

`(i) the day the employee upon whose service the benefits are based becomes entitled to the benefits; or

`(ii) the first day of the second month beginning after the date on which the Director receives written notice of the court order of spousal agreement, together with such additional information or documentation as the Director may prescribe;
whichever is later.
`(B) The benefits of such former spouse and the right thereto terminate on--

`(i) the last day of the month before the qualified former spouse remarries before 55 years of age or dies; or

`(ii) the date the retired employee's benefits terminate (except in the case of benefits subject to paragraph (5)(B)).
`(5)(A) Any reduction in payments to a retired employee as a result of payments to a qualified former spouse under this subsection shall be disregarded in calculating--

`(i) the survivor annuity for any spouse, former spouse (qualified or otherwise), or other survivor under chapter 84 of title 5, and

`(ii) any reduction in the annuity of the retired employee to provide survivor benefits under subsection (d) of this section or under sections 8442 or 8445 of title 5.
`(B) If a retired employee whose annuity is reduced under subparagraph (A) is recalled to service under section 302(c) of this Act, the salary of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund.
`(6) Notwithstanding paragraphs (1) and (4), in the case of any qualified former spouse of a disability annuitant--

`(A) the annuity of such former spouse shall commence on the date the employee would qualify, on the basis of his or her creditable service, for benefits under subchapter II of chapter 84 of title 5, or on the date the disability annuity begins, whichever is later; and

`(B) the amount of the annuity of the qualified former spouse shall be calculated on the basis of the benefits for which the employee would otherwise qualify under subchapter II of chapter 84 of title 5.
`(7) Notwithstanding paragraph (1)(B), in the case of an employee who has elected to become subject to chapter 84 of title 5, United States Code, the share of such employee's qualified former spouse shall equal the sum of--

`(A) 50 percent of the employee's annuity under subchapter III of chapter 83 of title 5, United States Code, or under title II of this Act (computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or section 307 of this Act), 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

`(B) if applicable, 50 percent of the employee's benefits under chapter 84 of title 5, United States Code, or section 302(a) of this Act (computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or section 307 of this Act), multiplied by the proportion that the number of days of marriage during the period of the employee's creditable service on and after the effective date of the election to transfer bears to the employee's total creditable service after such effective date.
`(8) For purposes of the Internal Revenue Code of 1986, payments to a qualified former spouse under this subsection shall be treated as income to the qualified former spouse and not to the employee.
`(d)(1)(A) Subject to an election under section 8416(a) of title 5, United States Code, and unless otherwise expressly provided by any spousal agreement or court order governing survivor benefits payable under this subsection to a qualified former spouse, such former spouse is entitled to a share, determined under subparagraph (B), of all survivor benefits that would otherwise be payable under subchapter IV of chapter 84 of title 5, to an eligible surviving spouse of the employee.
`(B) The share referred to in subparagraph (A) equals--

`(i) 100 percent, if the qualified former spouse was married to the employee throughout the entire period of the employee's service which is creditable under chapter 84 of title 5; or

`(ii) a pro rata share of 100 percent, if the qualified former spouse was not married to the employee throughout such creditable services.
`(2)(A) The survivor benefits payable under this subsection to a qualified former spouse shall include the amount payable under section 8442(b)(1)(A) of title 5, and any supplementary annuity under section 8442(f) of title 5, that would be payable if such former spouse were a widow or widower entitled to an annuity under such section of title 5.
`(B) Any calculation under section 8442(f) of title 5, United States Code, of the supplementary annuity payable to a widow or widower of an employee referred to in section 302(a) of this Act shall be based on an `assumed CIARDS annuity' rather than an `assumed CSRS annuity' as stated in section 8442(f) of such title. For the purpose of this subparagraph, the term `assumed CIARDS annuity' means the amount of the survivor annuity to which the widow or widower would be entitled under title II of this Act based on the service of the deceased annuitant determined under section 8442(f)(5) of such title.
`(3) A qualified former spouse shall not be entitled to any benefit under this subsection if, before commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age.
`(4) If the survivor annuity payable under this subsection to a surviving qualified former spouse is terminated because of remarriage before becoming age 55, the annuity shall be restored at the same rate commencing on the date such remarriage is dissolved by death, divorce, or annulment, if--

`(A) such former spouse elects to receive this survivor annuity instead of any other survivor benefit to which such former spouse may be entitled under subchapter IV of chapter 84 of title 5, or under another retirement system for Government employees by reason of the remarriage; and

`(B) any lump sum paid on termination of the annuity is returned to the Civil Service Retirement and Disability Fund.
`(5)(A) Except as provided in subparagraph (B), a modification in a court order or spousal agreement to adjust a qualified former spouse's share of the survivor benefits shall not be effective if issued after the retirement or death of the employee, former employee, or annuitant, whichever occurs first.

`(B) In the case of a post-retirement divorce or annulment, a modification referred to in subparagraph (A) shall not be effective if issued--

`(i) more than a year after the date the decree of divorce or annulment becomes final, or

`(ii) after the death of the annuitant,
whichever occurs first.
`(C) To the extent a modification under subparagraph (B) increases a qualified former spouse's share of the survivor benefits, the annuitant shall pay a deposit computed in accordance with the provisions of section 8418 of title 5, United States Code.
`(6) After a qualified former spouse of a retired employee remarries before becoming age 55 or dies, the reduction in the retired employee's annuity for the purpose of providing a survivor annuity for such former spouse shall be terminated. The annuitant may elect, in a signed writing received by the Director within two years after the qualified former spouse's remarriage or death, to continue the reduction in order to provide or increase the survivor annuity for such annuitant's spouse. The annuitant making such election shall pay a deposit in accordance with the provisions of section 8418 of title 5, United States Code.
`(7) Notwithstanding paragraph (1)(B), in the case of an employee who has elected to become subject to chapter 84 of title 5, United States Code, the share of such employee's qualified former spouse to survivor benefits shall equal the sum of--

`(A) 50 percent of the employee's annuity under subchapter III of chapter 83 of title 5 or under title II of this Act (computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or section 307 of this Act), 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

`(B) if applicable, 50 percent of--

`(i) the employee's annuity under chapter 84 of title 5, United States Code, or section 302(a) of this Act (computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 986 or section 307 of this Act), plus

`(ii) the survivor benefits referred to in subsection (d)(2)(A), multiplied by the proportion that the number of days of marriage during the period of the employee's creditable service on and after the effective date of the election to transfer bears to the employee's total creditable service after such effective date.
`(e) An employee may not make any election or modification of election under section 8417 or 8418 of title 5, United States Code, or any other section relating to the employee's annuity under subchapter II of chapter 84 of title 5, United States Code, that would diminish the entitlement of a qualified former spouse to any benefit granted to such former spouse by this section or by court order or spousal agreement.
`(f) Whenever an employee or former employee becomes entitled to receive the lump-sum credit under section 8424(a) of title 5, United States Code, a share (determined under subsection (c)(1)(B) of this section) of that lump-sum credit shall be paid to any qualified former spouse of such employee, unless otherwise expressly provided by any spousal agreement or court order governing disposition of the lump-sum credit involved.
`(g)(1) Except as provided in paragraph (2) in the case of an employee who has elected to become subject to chapter 84 of title 5, United States Code, the provisions of sections 224 and 225 of this Act shall apply to such employees former spouse (as defined in section 204(b)(4) of this Act) who would otherwise be eligible for benefits under such sections 224 and 225 but for the employee having elected to become subject to such chapter.
`(2) For the purpose of computing such former spouse's benefits under sections 224 and 225 of this Act--

`(A) the retirement benefits shall be equal to the amount determined under subsection (c)(7)(A) of this section; and

`(B) the survivor benefits shall be equal to 55 percent of the full amount of the employee's annuity computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or section 307 of this Act.
`(3) Benefits provided pursuant to this subsection shall be payable from the Central Intelligence Agency Retirement and Disability Fund.'.
(b) Effective Date: (1) Except as provided in paragraph (2) of this subsection, the amendments made by this section shall be deemed to have become effective as of January 1, 1987.
(2) Subsection (g) of section 304 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended by this section, shall be deemed to have become effective as of December 7, 1987.

[Page: S11104]
    

SEC. 310. ELIMINATION OF OVERSEAS SERVICE REQUIREMENT FOR FORMER SPOUSES.
(a) Eligibility: Section 204(b)(4) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (60 U.S.C. 403 note) is amended by striking out `at least five years of which were spent outside the United States by both the participant and the former spouse' and inserting in lieu thereof `at least five years of which were spent by the participant outside the United States or otherwise in a position whose duties qualified him or her for designation by the Director as a participant pursuant to section 203 of this Act'.
(b) Applicability: The amendment made by subsection (a) shall apply only to a former husband or wife of a participant or former participant whose divorce from the participant or former participant became final after the date of enactment of this Act.

TITLE IV--GENERAL PROVISIONS

SEC. 401. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.

TITLE V--FEDERAL BUREAU OF INVESTIGATION PROVISIONS

SEC. 501. FBI CRITICAL SKILLS SCHOLARSHIP PROGRAM.
(a) Study: The Director of the Federal Bureau of Investigation shall conduct a study relative to the establishment of an undergraduate training program with respect to employees of the Federal Bureau of Investigation that is similar in purpose, conditions, content, and administration to undergraduate training programs administered by the Central Intelligence Agency (under section 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403j)), the National Security Agency (under section 16 of the National Security Agency Act of 1959 (50 U.S.C. 402 (note)), and the Defense Intelligence Agency (under 10 U.S.C. 1608).
(b) Implementation: Any program proposed under subsection (a) may be implemented only after the Department of Justice and the Office of Management and Budget review and approve the implementation of such program.
(c) Availability of Funds: Any payment made by the Director of the Federal Bureau of Investigation to carry out any program proposed to be established under subsection (a) may be made in any fiscal year only to the extent that appropriated funds are available for that purpose.

TITLE VI--CENTRAL INTELLIGENCE AGENCY PROVISIONS

SEC. 601. AMENDMENT TO TITLE 5.
Section 5315 of title 5, United States Code, is amended to insert at the end thereof the following:
`Inspector General, Central Intelligence Agency'.

TITLE VII--NATIONAL SECURITY SCHOLAR- SHIPS, FELLOWSHIPS, AND GRANTS

SEC. 701. AMENDMENT TO THE NATIONAL SECURITY ACT OF 1947.
The National Security Act of 1947 is amended by adding at the end thereof the following new title:

`TITLE VIII--NATIONAL SECURITY SCHOLAR- SHIPS, FELLOWSHIPS, AND GRANTS'

`SEC. 801. SHORT TITLE.
`This title may be cited as the `National Security Education Act of 1991'.

`SEC. 802. FINDINGS.
`The Congress finds that--

`(1) the security of the United States is and will continue to depend on our Nation's international leadership;

`(2) United States leadership is and will increasingly be based on our Nation's political, economic, as well as 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 substantially depend on the ability of its citizens to communicate and compete by knowing the languages and cultures of other countries;

`(5) the Federal Government has a vested interest to ensure that the employees within its national security agencies are prepared to meet the challenges of this changing international environment;

`(6) the Federal Government also must address the fact that American undergraduate and graduate students are inadequately prepared to meet the challenges posed by increasing global interaction among nations; and

`(7) American colleges and universities must place a new emphasis on improving the teaching of foreign languages, regional studies, and international studies to help meet such challenges.

`SEC. 803. PURPOSES.
`It is the purpose of this title--

`(1) to establish the National Security Education Trust Fund to--

`(A) provide the necessary resources, accountability, and flexibility to meet the Nation's security needs, especially as such needs change over time;

`(B) increase the quantity, diversity, and quality of teaching and learning of subjects in the fields of international studies, area studies, and foreign languages deemed to be critical to the Nation's interest;

`(C) enhance the pool of possible applicants to work in the national security agencies of the United States Government; and

`(D) in conjunction with other Federal programs, expand the international experience, knowledge base, and the perspectives on which the United States citizenry, government employees, and leaders shall rely; and

`(2) to permit the Federal Government to advocate the cause of international education;

`SEC. 804. PROGRAM AUTHORIZED.
`(a) Program Authorized:

`(1) In general: The National Security Education Board shall conduct a program of--

`(A) awarding scholarships to undergraduate students who are United States citizens or resident aliens to enable such students to study abroad, for at least 1 semester, in countries identified by the Board as critical countries pursuant to section 805(c)(2);

`(B) awarding fellowships to graduate students who--

`(i) are United States citizens or resident aliens to enable such students to pursue education in the United States in the disciplines of international studies, area studies, and foreign languages, that the Board determines pursuant to section 805(c)(3) to be critical areas of such disciplines; and

`(ii) agree to work for the Federal Government or in the field of education, in the area of study for which the scholarship was awarded, in accordance with the agreement described in paragraph (3); and

`(C) awarding grants to institutions of higher education to enable such institutions to establish, operate, and improve programs in international studies, area studies, and foreign languages that the Board determines pursuant to section 805(c)(4) to be critical areas of such disciplines.

`(2) Reservations: The Board shall have as a goal reserving--

`(A) 1/3 of the amount available for obligation under section 806(f)(1) to award scholarships pursuant to paragraph (1)(A);

`(B) 1/3 of such amount to award fellowships pursuant to paragraph (1)(B); and

`(C) 1/3 of such amount to award grants pursuant to paragraph (1)(C).

`(3) Agreement: Each individual receiving a fellowship pursuant to paragraph (1)(B) shall enter into an agreement with the Board which shall provide assurances that each such individual--

`(A) shall maintain satisfactory academic progress; and

`(B) shall agree to work for the Federal Government or in the field of education, in the area of study for which the fellowship was awarded, for a period determined by the Board which shall at least be equal to the period that fellowship assistance was provided under this title and shall not exceed 3 times such period, upon completion of such individual's education.
`(b) Criteria and Information: The Board shall--

`(1) develop criteria for awarding scholarships, fellowships, and grants under this title; and

`(2) provide for the wide disbursement of information regarding the activities assisted under this title.
`(c) Distribution of Assistance: The Board shall take into consideration providing an equitable geographic distribution of scholarships, fellowships, and grants awarded under this title among the various regions of the United States.
`(d) Merit Review: The Board shall utilize a merit review process in awarding scholarships, fellowships, and grants under this title.
`(e) Inflation: The amount of scholarships, fellowships, and grants awarded under this title shall be annually adjusted for inflation.

`SEC. 805. NATIONAL SECURITY EDUCATION BOARD.
`(a) Establishment: The Secretary of Defense shall establish a National Security Education Board.
`(b) Composition:

`(1) In general: The Board shall be composed of the following individuals or the representatives of such individuals:

`(A) The Secretary of Defense, who shall serve as the chairperson of the Board.

`(B) The Secretary of Education.

`(C) The Secretary of State.

`(D) The Secretary of Commerce.

`(E) the Director of the Central Intelligence Agency.

`(F) The Director of the United States Information Agency.

`(G) 4 individuals appointed by the President, by and with the advice and consent of the Senate, who have expertise in the fields of international, language, and area studies education.

`(2) Special rule: Individuals appointed to the Board pursuant to paragraph (1)(G) shall be appointed for a period not to exceed 4 years. Such individuals shall receive no compensation for service on the Board but may receive reimbursement for travel and other necessary expenses.
`(c) Functions: The Board shall--

`(1) establish qualifications for students and institutions of higher education desiring scholarships, fellowships, and grants under this title;

`(2) identify as the critical countries described in section 804(a)(1)(A) those countries that are not emphasized in other United States study abroad programs, such as countries in which few United States students are studying;

`(3) identify as the critical areas within the disciplines described in section 804(a)(1)(B) those areas that the Board determines to be critical areas of study in which United States students are deficient in learning;

`(4) identify as critical areas those areas of study described in section 804(a)(1)(C) in which United States students, educators, and government employees are deficient in learning and in which insubstantial numbers of United States institutions of higher education provide training; and

`(5) review the administration of the program assisted under this title.

[Page: S11105]
    

`SEC. 806. NATIONAL SECURITY EDUCATION TRUST FUND.
`(a) Establishment of Fund: There is established in the Treasury of the United States a trust fund to be known as the `National Security Education Trust Fund'. The Fund shall consist of amounts transferred to it pursuant to subsection (b) of this section and amounts credited to the Fund under subsection (d) of this section.
`(b) Transfer of Amounts:

`(1) Transfer: The Secretary of Defense is authorized to transfer to the Trust Fund $180,000,000 from funds appropriated for fiscal year 1992 pursuant to section 101 of the Intelligence Authorization Act, Fiscal Year 1992.

`(2) Reservations: From the amounts transferred pursuant to paragraph (1) for fiscal year 1992, the Board shall reserve--

`(A) $15,000,000 to award scholarships pursuant to section 804(a)(1)(A);

`(B) $10,000,000 to award fellowships pursuant to section 804(a)(1)(B); and

`(C) $10,000,000 to award grants pursuant to section 804(a)(1)(C).
`(c) Investment of Fund Assets: It shall be the duty of the Secretary of the Treasury to invest in full the amounts transferred to the Fund. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired on original issue at the issue price or by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, United States Code, are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the public debt, except that where such average rate is not a multiple of 1/8 of 1 percent, the rate of interest of such special obligations shall be the multiple of 1/8 of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchases of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States or original issue or at the market price, is not in the public interest.
`(d) Authority To Sell Obligations: Any obligation acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest.

`(e) Proceeds From Certain Transactions Credited to Fund: The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
`(f) Obligations From the Account: The Board is authorized to obligate such sums as are available in the Fund (including any amounts not obligated in previous fiscal years) for--

`(1) awarding scholarships, fellowships, and grants in accordance with the provisions of this title; and

`(2) properly allocable administrative costs of the Federal Government for the activities described in this title.

`SEC. 807. ADMINISTRATIVE PROVISIONS.
`(a) In General: In order to carry out this title, the Board may--

`(1) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this title, except that in no case may an employee other than the Executive Secretary be compensated at a rate to exceed the maximum rate of basic pay payable for GS-15 of the General Schedule;

`(2) prescribe such regulations as the Board considers necessary governing the manner in which its functions shall be carried out;

`(3) receive money and other property donated, bequeathed, or devised, without condition or restriction other than it be used for the purposes of the Board, and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions;

`(4) accept and use the services of voluntary and noncompensated personnel;

`(5) enter into contracts or other arrangements, or make grants, to carry out the provisions of this title, and enter into such contracts or other arrangements, or make such grants, with the concurrence of two-thirds of the members of the Board, without performance or other bonds and without regard to section 5 of title 41, United States Code;

`(6) rent office space in the District of Columbia; and

`(7) make other necessary expenditures.
`(b) Annual Report: The Board shall submit to the President and to the Congress an annual report of its operations under this title. Such report shall contain--

`(1) an analysis of the mobility of students to participate in study abroad programs;

`(2) an analysis of the trends within language, international, and area studies, along with a survey of such areas the Board determines are receiving inadequate attention;

`(3) the impact of the Board's activities on such trends; and

`(4) an evaluation of the impediments to improving such trends.

`SEC. 808. EXECUTIVE SECRETARY.
`(a) Appointment by Board: There shall be an Executive Secretary of the Board who shall be appointed by the Board. The Executive Secretary shall be the chief executive officer of the Board and shall carry out the functions of the Board subject to the supervision and direction of the Board. The Executive Secretary shall carry out such other functions consistent with the provisions of this title as the Board shall prescribe.
`(b) Compensation: The Executive Secretary of the Board shall be compensated at the rate of basic pay payable for employees at level III of the Executive Schedule.

`SEC. 809. AUDITS.
`The activities of the Board under this title may be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. Representatives of the General Accounting Office shall have access to all books, accounts, records, reports, and files and all other papers, things, or property belonging to or in use by the Board pertaining to such activities and necessary to facilitate the audit.

`SEC. 810. DEFINITIONS.
`For the purpose of this title--

`(1) the term `Fund' means the National Security Education Trust Fund established pursuant to section 806;

`(2) the term `Board' means the National Security Education Board established pursuant to section 805; and

`(3) the term `institution of higher education' has the same meaning given to such term by section 1201(a) of the Higher Education Act of 1965.'.

  • [End insert]

END



NEWSLETTER
Join the GlobalSecurity.org mailing list