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United States · Bill · S

S. 2834 (101st)

Intelligence Authorization Act for Fiscal Year 1991

openUnited States· United States Congress· EN

Introduced

10 July 1990

Last action

—

Status

Pocket Vetoed by President.

Sponsors

—

Subjects

Discovery layer

Source updated

14 January 2025

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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.

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