Intelligence Authorization Act for Fiscal Year 1991

Summary

Intelligence Authorization Act for Fiscal Year 1991 - Title I: Intelligence Activities - Authorizes appropriations for FY 1990 and 1991 for intelligence activities in specified departments and agencies of the U.S. Government, including the Central Intelligence Agency (CIA) and the Department of Defense (DOD). Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified schedule of authorizations. Authorizes the Director of Central Intelligence (DCI) to employ civilian personnel in excess of the ceiling for such personnel when necessary for the performance of important intelligence functions. Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1991, with a specified amount earmarked for the Security Evaluation Office of the CIA. Establishes an end strength ceiling of 240 full-time Intelligence Community Staff employees. Provides that such staff shall be administered in the same manner as the CIA. Title III: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1991. Title IV: Central Intelligence Agency Administrative Provisions - Amends the Central Intelligence Agency Retirement Act of 1964 for Certain Employees to eliminate the statutory provisions requiring a 15-year career review and an election option for participants in the Central Intelligence Agency Retirement and Disability System (CIARDS) and the Federal Employees' Retirement System (FERS) Special Category, and requiring such participants to remain under CIARDS or in FERS Special Category status for the duration of their CIA service. Specifies that the five years of marriage spent outside the United States required to qualify for former spouse status must have been during periods of the participant's service with the CIA. Entitles a surviving spouse who remarries a retiree to a CIARDS survivor annuity only upon electing such annuity instead of any other Federal survivor annuity to which he or she may be entitled. Permits a retiree under CIARDS who was unmarried at the time of retirement to irrevocably elect within one year of marriage after retirement, where his or her annuity was not reduced or fully reduced to provide a survivor annuity at the time of retirement, to receive a reduced retirement annuity in order to provide for a survivor annuity for the new spouse. (Currently, an election for a current spouse can only be made to the extent that a previous election was made for a spouse to whom the participant was married at the time of retirement.) Provides for the restoration of benefits of certain former CIA spouses whose benefits were terminated because of remarriage before the age of 55 if the remarriage is dissolved by death, annulment, or divorce. Conforms provisions of the CIARDS which lower the remarriage age for the termination of surviving spouses' annuities from 60 to 55 to the Civil Service Retirement System. Authorizes the DCI to apply any unused portion of the annual allocation provided by the CIA Act of 1949 (permitting the DCI to authorize entry into the United States for permanent residence of up to 100 aliens annually) for FY 1991 through 1996, to permit the entry of employees of the Foreign Broadcast Information Service in Hong Kong and their dependents, prior to 1997. Title V: Department of Defense Foreign Intelligence Enhancements - Authorizes the Secretary of Defense, with the approval of the DCI and in coordination with the Director of the Federal Bureau of Investigation, to engage in commercial activities to provide security for intelligence collection activities undertaken by DOD. Provides for the use and disposition of the proceeds generated by such activities and for annual audits thereof. Requires such commercial activities to be carried out in accordance with applicable Federal law, except where the Secretary of Defense or specified officials certify in writing that compliance with Federal laws and regulations pertaining to the management and administration of Federal agencies would create an unacceptable risk of compromise of authorized intelligence collection activities. Specifies that such commercial activity shall not constitute a waiver of legal defenses and immunities of the United States. Bars the establishment of any corporation, partnership, or other legal entity to carry out such commercial activities except with the approval of the Secretary (or Deputy Secretary) of Defense. Specifies that nothing in this Act authorizes the conduct of intelligence activity which is not otherwise authorized by law or executive order. Provides that such activities may be undertaken in the United States only as necessary to support intelligence activities abroad or to continue intelligence activities initiated abroad. Prohibits employing, assigning, or detaining U.S. citizens and permanent resident aliens with any entity engaged in such activity without informing them of the purpose of such activity. Requires the Secretary to issue regulations which, at a minimum: (1) specify all officials authorized to approve such commercial activities; (2) designate a single office within the Defense Intelligence Agency to implement, and maintain accountability for, all such authorized activities; (3) require prior legal review of all such authorized activities; and (4) provide for internal audit controls and oversight of such activities. Requires the Secretary to submit annual reports on such activities to the House Select Committee on Intelligence and the Senate Permanent Select Committee on Intelligence (intelligence committees). Amends the National Security Agency Act of 1959 to permit the Director of the National Security Agency (NSA) to use appropriated funds to provide employment and medical or psychological assistance to former NSA employees for up to five years after leaving NSA employment where such assistance is determined essential to avoid circumstances that might lead to the unlawful disclosure of classified information to which such employees had access. Permits the Secretary of Defense to authorize use of the DOD reimbursement rate for airlift services provided by DOD components to the CIA for activities related to national security objectives. Title VI: Department of Energy Personnel Authority - Amends the Department of Energy Organization Act to except from the competitive service all positions within the Department which are determined by the Secretary of Energy to be devoted to intelligence and intelligence-related activities. Title VII: Oversight of Intelligence Activities - Amends the Foreign Assistance Act of 1961 and the National Security Act of 1947 to revise and consolidate intelligence oversight provisions. Requires the President (under current law, the CIA Director and agency heads) to ensure that: (1) the intelligence committees are kept informed of U.S. intelligence activity, including any significant anticipated intelligence activities; and (2) any illegal intelligence activity as well as any corrective action is reported to the intelligence committees. Includes "covert actions" within the definition of "intelligence activities." Provides statutory authority for the President to authorize the conduct of covert actions by departments, agencies, or entities of the United States only when he determines such activities are necessary to support the foreign policy objectives of the United States and are important to the national security of the United States. (Current law requires the President to determine only that each such operation is important to national security.) Requires such a determination to be set forth in a written finding that: (1) is not retroactive; (2) specifies each participating Government entity and whether a third party not subject to U.S. regulations will be used; and (3) may not authorize any action which is intended to influence the U.S. political process, media, or public opinion or which violates the Constitution or statutes of the United States. Requires the President to ensure that any such determination or finding is reported to the intelligence committees before the covert activities are initiated, except in rare occasions which shall be justified by the President to the committees. Authorizes the President, in extraordinary circumstances affecting vital U.S. interests, to limit the reporting of findings or determinations to specified congressional officials. Requires the President to notify the intelligence committees or congressional officials of any significant change in a previously-approved covert action. Prohibits the expenditure of any funds appropriated or otherwise made available to any Government entity for any covert action until such a presidential finding has been issued. Defines "covert action" as any activity conducted by an element of the U.S. Government to influence political, economic, or military conditions abroad so that the Government's role is not apparent or acknowledged. Excludes: (1) activities the primary purpose of which is to acquire intelligence, traditional counterintelligence activities, traditional activities to improve or maintain the operational security of U.S. Government programs, or administrative activities; (2) traditional diplomatic or military activities, or routine support to such activities; (3) traditional law enforcement activities conducted by U.S. Government law enforcement agencies or routine support to such activities; or (4) certain activities to provide routine support to the overt activities of other U.S. Government agencies abroad. Title VIII: General Provisions - Authorizes appropriations for increases in salary, pay, retirement, and other benefits for Federal employees which are authorized by law.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 10 July 1990

   Introduced

   Read twice and referred to the Committee on Armed Services for the thirty-day period provided in section 3(b) of Senate Resolution 400, 94th Congress, except that if such Committee fails to report such bill within the thirty-day limit, such Committee shall be automatically discharged from further consideration of such bill in accordance with that section.

   Source: IntroReferral

2. 10 July 1990

   Reported

   Committee on Intelligence. Original measure reported to Senate by Senator Boren. With written report No. 101-358.

   Source: Committee

3. 10 July 1990

   Reported

   Committee on Intelligence. Original measure reported to Senate by Senator Boren. With written report No. 101-358.

   Source: Committee

4. 10 July 1990

   Introduced

   Introduced in Senate

   Source: IntroReferral

5. 13 July 1990

   Reported

   Committee on Armed Services. Ordered to be reported with amendments favorably.

   Source: Committee

6. 26 July 1990

   Calendars

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 734.

   Source: Calendars

7. 26 July 1990

   Reported

   Committee on Armed Services. Reported to Senate by Senator Nunn with amendments. With written report No. 101-394.

   Source: Committee

8. 26 July 1990

   Reported

   Committee on Armed Services. Reported to Senate by Senator Nunn with amendments. With written report No. 101-394.

   Source: Committee

9. 4 August 1990

   Passed

   Passed Senate with amendments by Voice Vote.

   Source: Floor

10. 4 August 1990

    Passed

    Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

    Source: Floor

11. 5 September 1990

    Floor

    Held at the desk.

    Source: Floor

12. 5 September 1990

    Floor

    Received in the House.

    Source: Floor

13. 5 September 1990

    Floor

    Message on Senate action sent to the House.

    Source: Floor

14. 17 October 1990

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: ResolvingDifferences

15. 17 October 1990

    Floor

    The Speaker reserved the right to appoint additional conferees.

    Source: Floor

16. 17 October 1990

    ResolvingDifferences

    The chair appointed conferees - from the Committee on Armed Services for consideration of Department of Defense Tactical Intelligence and related activities and Section 504 of the House bill: Aspin, Skelton, and Dickinson.

    Source: ResolvingDifferences

17. 17 October 1990

    Passed

    On motion that the House insist upon its amendment, and request a conference Agreed to without objection.

    Source: ResolvingDifferences

18. 17 October 1990

    ResolvingDifferences

    Mr. Beilenson moved that the House insist upon its amendment, and request a conference.

    Source: ResolvingDifferences

19. 17 October 1990

    Floor

    A similar measure H.R. 5422 was laid on the table without objection.

    Source: Floor

20. 17 October 1990

    Passed

    Motion to reconsider laid on the table Agreed to without objection.

    Source: Floor

21. 17 October 1990

    Passed

    On passage Passed without objection.

    Source: Floor

22. 17 October 1990

    Passed

    Passed/agreed to in House: On passage Passed without objection.

    Source: Floor

23. 17 October 1990

    Passed

    The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 5422. Agreed to without objection.

    Source: Floor

24. 17 October 1990

    Floor

    Considered by unanimous consent.

    Source: Floor

25. 18 October 1990

    Floor

    Message on House action received in Senate and held at desk: House amendment to Senate bill and House requests a conference.

    Source: Floor

26. 18 October 1990

    Passed

    Resolving differences -- Senate actions: Senate disagreed to the House amendments by Unanimous Consent.

    Source: NotUsed

27. 18 October 1990

    Passed

    Senate agreed to request for conference. Appointed conferees. Boren; Nunn; Hollings; Bradley; Cranston; DeConcini; Metzenbaum; Glenn; Cohen; Hatch; Murkowski; Specter; Warner; D'Amato; Danforth.

    Source: ResolvingDifferences

28. 19 October 1990

    Passed

    Conferees agreed to file conference report.

    Source: ResolvingDifferences

29. 19 October 1990

    Passed

    Conference committee actions: Conferees agreed to file conference report.

    Source: ResolvingDifferences

30. 19 October 1990

    Floor

    Message on Senate action sent to the House.

    Source: Floor

31. 22 October 1990

    Passed

    Mr. Beilenson asked unanimous consent that managers on the part of the House have until midnight on Oct. 23 to file a conference report on S. 2834. Agreed to without objection.

    Source: Committee

32. 23 October 1990

    Reported

    Rules Committee Resolution H. Res. 523 Reported to House. Rule provides for consideration of the conference report to S. 2834. Upon adoption of this resolution it shall be in order to consider the conference report on the bill and all points of order against the conference report and against its consideration shall be waived. The conference report shall be considered as having been read when call up for consideration.

    Source: Floor

33. 23 October 1990

    ResolvingDifferences

    Conference report H. Rept. 101-928 filed.

    Source: ResolvingDifferences

34. 23 October 1990

    ResolvingDifferences

    Conference report filed: Conference report H. Rept. 101-928 filed.

    Source: ResolvingDifferences

35. 24 October 1990

    ResolvingDifferences

    Conference papers: Senate report and managers' statement held at the desk in Senate.

    Source: ResolvingDifferences

36. 24 October 1990

    Passed

    On agreeing to the conference report Agreed to by voice vote.

    Source: ResolvingDifferences

37. 24 October 1990

    Passed

    Motions to reconsider laid on the table Agreed to without objection.

    Source: ResolvingDifferences

38. 24 October 1990

    Passed

    Conference report agreed to in House: On agreeing to the conference report Agreed to by voice vote.

    Source: ResolvingDifferences

39. 24 October 1990

    ResolvingDifferences

    The previous question was ordered without objection.

    Source: ResolvingDifferences

40. 24 October 1990

    Floor

    DEBATE - The House proceeded with one hour of debate on the conference report.

    Source: Floor

41. 24 October 1990

    ResolvingDifferences

    Mr. Beilenson brought up conference report H.Rept. 101-928 for consideration as a privileged matter.

    Source: ResolvingDifferences

42. 24 October 1990

    Passed

    Rule H. Res. 523 passed House.

    Source: Floor

43. 25 October 1990

    Passed

    Senate agreed to conference report by Voice Vote.

    Source: ResolvingDifferences

44. 25 October 1990

    Passed

    Conference report agreed to in Senate: Senate agreed to conference report by Voice Vote.

    Source: ResolvingDifferences

45. 7 November 1990

    Floor

    Message on Senate action sent to the House.

    Source: Floor

46. 13 November 1990

    Floor

    Measure Signed in Senate.

    Source: Floor

47. 19 November 1990

    Floor

    Presented to President.

    Source: Floor

48. 19 November 1990

    President

    Presented to President.

    Source: President

49. 30 November 1990

    President

    Pocket Vetoed by President.

    Source: President

50. 30 November 1990

    President

    Pocket Vetoed by President.

    Source: President

Votes

No vote records are attached yet.

Versions

• Engrossed Amendment House · — · Download file
• Enrolled Bill · — · Download file
• Engrossed in Senate · — · Download file
• Reported to Senate · — · Download file
• Reported to Senate · — · Download file

Documents

8 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Reported to Senate (text)

  Reported to Senate · EN

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• Engrossed in Senate (text)

  Engrossed in Senate · EN

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• Enrolled Bill (text)

  Enrolled Bill · EN

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• Engrossed Amendment House (text)

  Engrossed Amendment House · EN

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  Vertaal document

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• Conference report filed in House

  summary · EN · 23 October 1990

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• Passed Senate amended

  summary · EN · 4 August 1990

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• Introduced in Senate

  summary · EN · 10 July 1990

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Sponsors

• Sen. Boren, David L. [D-OK] · D · Sponsor
• · ssas00 · Standing
• · slin00 · Select

Related records

• related to → Intelligence Authorization Act for Fiscal Year 1991
• related to → Waiving certain points of order against consideration of the conference report on the bill (S. 2834) to authorize appropriations for fiscal year 1991 for intelligence and intelligence-related activities of the United States Government, for the Intelligence Community Staff, for the Central Intelligence Agency Retirement and Disability System, and for other purposes, and against its consideration.