INTELLIGENCE AUTHORIZATION ACT (Senate - July 26, 1991)
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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:
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.'.
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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).
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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
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