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Mr. BOREN. Madam President, I ask unanimous consent that the Senate now proceed to the consideration of S. 1539, the Intelligence authorization bill that, with the exception of the amendments reported by the Armed Services Committee, the only amendment in order to the bill be one offered by Senator Glenn to require Senate confirmation for the general counsel and five Deputy Directors of the CIA; that there be 4 hours of debate on the Glenn amendment, equally divided and controlled in the usual form; that there be 30 minutes of debate on the bill, including the committee amendments, equally divided and controlled between the chairman and ranking members of the Intelligence and Armed Services Committees;
That, after all debate has been completed on the bill and the Glenn amendment, and the committee amendments have been disposed of, the Senate vote on, or in relation to, the Glenn amendment, to be followed immediately by third reading and final passage of the bill, and that the preceding all occur without any intervening action or debate.
The PRESIDING OFFICER (Ms. Mikulski). Without objection, it is so ordered.
The clerk will now report the bill.
The assistant legislative clerk read as follows:
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A bill (S. 1539) to authorize appropriations for fiscal year 1992 for intelligence activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
The Senate proceeded to consider the bill which had been reported from the Committee on Armed Services, with amendments, as follows:
(The parts of the bill intended to be inserted are shown in italics.)
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. 1539 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.'.
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 all 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.'.
SEC. 106. EFFECTIVE DATE OF SECTIONS 104 AND 105.
The amendments made by sections 104 and 105 shall take effect on the date of the enactment of an Act authorizing appropriations for fiscal year 1993 for the conduct of intelligence activities of all of the elements of the United States Government referred to in section 101.
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).'.
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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).
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 at 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.
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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:
`(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 1986 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.
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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 SCHOLARSHIPS, 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 SCHOLARSHIPS, 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;
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`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.
`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.
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`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.'.
TITLE VIII--MISCELLANEOUS MATTERS
SEC. 801. TRANSPORTATION OF REMAINS OF CERTAIN NSA EMPLOYEES.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by adding at the end the following new section.
`Sec. 17. (a) The Director of the National Security Agency may pay the expenses referred to in section 5742(b) of title 5, United States Code, in the case of any employee of the National Security Agency who dies while on a rotational tour of duty within the United States or while in transit to or from such tour of duty.
`(b) For the purposes of this section, the term `rotational tour of duty', with respect to an employee, means a permanent change of station involving the transfer of the employee from the National Security Agency headquarters to another post of duty for a fixed period established by regulation to be followed at the end of such period by a permanent change of station involving a transfer of the employee back to such headquarters.'.
SEC. 802. MINOR TRANSFERS OF INTELLIGENCE APPROPRIATIONS FOR OPERATIONAL EMERGENCIES.
(a) Authority To Transfer: Title V of the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by inserting after section 503 the following new section:
`Sec. 504. Minor transfers for operational emergencies.'.
SEC. 803. CLARIFICATION OF EXCEPTION FOR CERTAIN NATIONAL SECURITY INFORMATION FROM CERCLA DISCLOSURE REQUIREMENTS.
Section 120(j)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(j)(2)) is amended--
(1) by striking out `Atomic Energy Act and' and inserting in lieu thereof `Atomic Energy Act,';
(2) by inserting after `information,' the following: `and all statutes or Executive orders that authorize the protection of specified types of unclassified information from disclosure,'; and
(3) by striking out `classified information' and inserting in lieu thereof `such information'.
The PRESIDING OFFICER. The Senator from Oklahoma, the chairman of the committee.
Mr. BOREN. Madam President, the unanimous-consent request, which I just propounded a few moments ago and which was agreed to, had been previously cleared by the leadership on the other side of the aisle.
Madam President, it is an honor for me to present to the Senate today the intelligence authorization bill for fiscal year 1992. This is the 15th consecutive year, dating back to the creation of the Select Committee on Intelligence in 1976, where the Senate will have considered a separate authorization bill for U.S. intelligence activities.
I might add it has been my pleasure now to have presented at least five of these authorization bills.
Joining me in offering this bill is the distinguished Senator from Alaska, the vice chairman of the committee, Senator Murkowski. This is his first year as vice chairman, and I want to express to him my appreciation for the cooperative spirit that he has brought to our work together on the committee.
In many ways, this has been a momentous year for both of us.
The committee began the year with intensive review of organizational arrangements for the intelligence communty, looking toward possible legislation on this subject later in this Congress. Indeed, the events that have taken place in the Soviet Union just since August have provided an even greater impetus for the review that we are already undertaking.
This summer, we enacted a comprehensive overhaul of the statutory framework for congressional oversight of covert actions, which addressed the key weaknesses in the current system revealed in the Iran-Contra affair some 5 years before. After literally years of negotiations, with the administration, with the executive branch, with two Presidents, we were finally able to arrive at a compromise, which I believe respects the institutional prerogatives of both the legislative and executive branches of Government.
It is good for this country that we were able to place those reforms, those lessons learned from the Iran-Contra affair into the statutory law of the United States so that they will be binding not only on this administration, but future administrations and Congresses as well.
Of course, we have only recently completed a series of hearings on the nomination of Robert Gates, to be Director of Central Intelligence, which are unprecedented really in the history of the committee. Never before have the American people had such a glimpse into the internal workings of the Central Intelligence Agency. While they have seen the tensions and the frustrations that exist within that community, they have been able to also see what the CIA contributes to the security of this country. I think these hearings may have done more to educate the American people about the role that the CIA has played and can continue to play than anything ever before made a matter of public record, and we are proud of that hearing record. As members or our committee, we are proud of the thoroughness and the fairness with which we attempted to proceed.
It is a timely point in evolution of the CIA that this should have been done. With the dramatic events unfolding in the Soviet Union and Eastern Europe, the future role and the utility of the CIA is being called into question. The resources previously allocated to intelligence are being challenged not only by those on the outside but those on the inside as well, including the oversight committees of Congress. Indeed, the committee has recommended in this year's authorization bill a substantial cut in terms of the administration's request originally made to us.
Because of the sensitivity of the matters dealt with by the bill, we cannot, unfortunately, discuss in detail the nature of the specific reductions we are recommending. However, the committee's recommendations are set forth in a classified supplement to the committee's report on the bill, which has been available to all Members of the Senate since July 24, under the provisions of Senate Resolution 400.
But if cuts are in order, certainly the events of the past year have tempered our rush to slash away at budgets too precipitously without thinking where we are headed and without thinking through the ultimate framework that should be established. We must be prepared to anticipate events like the invasion of Kuwait, and we must have the intelligence capabilities needed to support military commanders in the field, wherever they might be deployed around the world.
The world of the 1990's is a hopeful, but uncertain place. Will the reforms in the Soviet Union succeed? What will be their implications for the United States? How will they effect other countries such as China, Cuba, or North Korea and others? Will we be able to detect and control threats to our security: nuclear, chemical and biological weapons, and the missile technology needed to deliver them? Can we detect and counter terrorist acts or narcotics trafficking?
The United States must be prepared to deal with these problems, to cope as best we can, with events around the world. While U.S. intelligence does not and cannot provide all of the answers, it does provide a capability, a resource, that the United States must preserve if we are to maintain our place of leadership in the world.
With that, Madam President, let me turn to the bill itself.
As we do annually, the committee has conducted a detailed, thorough review of the administration's budget request for the National Foreign Intelligence Program for fiscal year 1992, as well as a review of the tactical intelligence and related activities of the Department of Defense for the same period. This entailed document reviews, staff visits and briefings, and a series of formal hearings with witnesses from the intelligence community, as well as policy officials from the Departments of Defense and State. It also included an intensive look at the performance of intelligence agencies at both the national and tactical levels during Desert Shield/Desert Storm.
On the basis of this comprehensive review, we have arrived at our recommendations to the Senate, the budgetary portions of which, are, as I previously mentioned, contained in the classified annex of the committee's report. With respect to the public portions of the bill:
Title I authorizes the funds for the intelligence activities of the U.S. Government, incorporating by reference the classified schedule of authorizations. This title also contains two sections dealing with the public disclosure of certain information relating to the intelligence budget.
Section 104 provides that the President's annual budget submission to the Congress must include a separate, unclassified statement of the aggregate expenditures for the previous fiscal year, and the aggregate amount of funds requested for the fiscal year for which the budget is submitted, for intelligence and intelligence-related activities. Put another way, this section would require the President to disclose the total amount spent the previous year, and the total amount being requested for the next fiscal year, for both the National Foreign Intelligence Program and for DOD tactical and related intelligence activities.
This would mark the first time that this information would be put forward in a public forum and shared with the American people.
Section 105 is a companion to section 104. It would require any bill reported by a committee of Congress which authorizes funds to be appropriated for intelligence and intelligence-related activities to contain an unclassified statement of the aggregate amount authorized to be appropriated. It was intended that the annual intelligence authorization bill be the only bill that would meet the criteria of this section. Moreover, if enacted as written, this section would require such a disclosure in the next intelligence authorization bill, the intelligence authorization for fiscal year 1993.
So this would be prospective in its application. It would be 1 year before this particular provision, if enacted into law, takes affect.
Title II of the bill authorizes appropriations for the intelligence community staff for fiscal year 1992 in the amount of $28,832,000 and provides that $6,566,000 of this amount shall be allocated to the security evaluation office at CIA. This title also authorizes 240 full-time personnel for the intelligence community staff.
Title III of the bill authorizes appropriations for the CIA retirement and disability fund in the amount of $164,100,000 for fiscal year 1992, and contains a number of provisions pertaining to the CIA retirement and disability programs. Most of these provisions are technical in nature, conforming to changes in other federal retirement programs or to clarify elements within existing provisions. I highlight only section 310 which drops the requirement contained in existing law that in order for a former spouse of a CIA employee to qualify for a portion of the employee's retirement benefits, the divorced spouse must have been married to the employee for 10 years, 5 of which were spent outside the United States. As revised by section 10, the divorced spouse must have been married to the employee for 10 years, but only the employee must have served 5 years outside the United States. This change conforms to similar provisions in the Foreign Service Retirement System Act.
Title IV authorizes increases in personnel benefits where such increases have otherwise been authorized by law.
Title V provides that the Director of the FBI will undertake a study with respect to the establishment of an undergraduate training program to meet critical needs of the FBI, similar to other programs in effect at CIA, NSA, and DIA.
Title VI provides that the statutory inspector general at the CIA will be compensated at the same level as inspector generals at other departments and agencies of the Government.
The last title of the bill, title VII, amends the National Security Act of 1947 to create a new National Security Education Program.
I want to pause on this one, Madam President, and give my colleagues some additional background.
Several weeks ago, on September 26, 1991, I offered an amendment to the Defense appropriations bill to provide funding for a program that I do want to mention specifically, and that is a program to create a national security education program. it passed the Senate on a voice vote. The language in the intelligence authorization bill would specifically authorize the funds which have already been appropriated under the Department of Defense authorization bill. While I will later offer an amendment to conform the wording in the intelligence authorization bill to that contained in the amendment to the Defense bill, the basic thrust of these provisions remains, for the most part, unchanged.
I will not repeat today all of the justification I provided at the time my amendment was offered to the Defense bill. If any of my colleagues wish to refer to it, it can be found at pages S13788-S13789 of the Congressional Record of September 26, 1991.
Suffice it to say, this title of the bill would specifically authorize the use of $180 million of the intelligence budget to create an international education trust fund to help the United States and its national security agencies meet the challenges of the postcold war period.
It provides funding for graduate fellowships and grants to universities for foreign language studies and area studies programs. It also provides undergraduate scholarships for study abroad, programs in countries that are now under-represented in terms of American studies at this time.
It is tragic indeed that while we have 386,000 foreign college undergraduate students studying in the United States, coming here to learn about our language, to learn about our culture, to learn about our economic system and our markets, that we have only about 50,000 American students studying in the rest of the world, and most of those are concentrated in only three countries.
It is a sad thing that we are about the only leading country in the world that provides no Government help to allow our students to gain the skills they need by studying abroad, learning other languages and other cultures firsthand. Only those from affluent families or those that receive special kinds of scholarship help from nongovernmental sources are able to have that opportunity to study abroad today, Madam President. It is time that the United States filled that gap and provided that opportunity for all of our young people, so that we can begin to build the kinds of international skills that are going to be so necessary in a world environment in which we are getting ready to move in the next century.
So this bill would do that. After the launching of Sputnik, we had the National Defense Education Act. We all remember the good that it did to prepare our country in the fields of math and science and many other fields. Many talented people who later came into Government services were educated through the aid provided by the National Defense Education Act.
We again face a new world, a new challenge, a new situation, that is going to demand that the next generation of Americans speak the languages of the world, understand how people think, understand their cultures, are able to relate to them. We cannot begin to compete in the world's markets, for example, if we do not speak the world's languages.
Gone is the time in which we could sit back, smug in our knowledge that others would have to come to us, learn our language, and learn about our culture without us having to bother ourselves to know about them. The private sector, the Government itself, in sensitive agencies like the Defense Department, the State Department, the Central Intelligence Agency, is having a harder and harder time finding those people with the skills and the education and the training necessary in these particular areas.
So it is time, as we passed the National Defense Education Act in an earlier period, to now pass the National Education Security Act, as we propose in this particular piece of legislation.
It is the first major national security education initiative undertaken in this country since the passage of the National Defense Education Act, and it is included in this bill.
It will provide out of the trust fund in the first year $35 million in fiscal year 1992. That will be broken down as follows: $15 million for study abroad for undergraduate students; $10 million for grants to colleges and universities to strengthen and improve their courses of study and curriculum in foreign languages, area studies and international studies; and $10 million for graduate fellowships.
A board of trustees is established by the bill to advise the Secretary of Defense with respect to the administration of the trust fund, and to develop specific criteria and guidelines for the distribution of grants, fellowships, and scholarships. The Secretary of Defense or his designee will chair the board, which will also include the Secretaries of State, Education, and Commerce, and the Director of Central Intelligence, and the Director of the U.S. Information Agency, or their respective designees. The program would be administered through the defense intelligence college.
Madam President, at the committee's recent hearing on the Gates nomination, I had the opportunity to ask a number of our witnesses for their opinion of this proposed program.
The PRESIDING OFFICER. The Senator has spoken for 15 minutes.
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Mr. BOREN. Madam President, I ask unanimous consent I might be able to complete my remarks without it counting against the time to run on the bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOREN. These included not only the nominee himself, but also Adm. Bobby Inman, the former Deputy DCI and Director of the National Security Agency, and Richard Kerr, now currently serving as Acting Director of Central Intelligence. All testified that it would meet a clear need of the intelligence community, a need that was likely to grow in the future.
It is my hope that with the significant degree of cooperation we have had to date in developing this proposal and bringing it to fruition in the Senate--particularly from the Committee on Armed Services and the Committee on Appropriations--we will be able to reach agreement in conference to make this program a reality. I am convinced that in the long run it will make a difference, in terms of both the quality and quantity of those who serve the Government in the area of national security.
So, Madam President, I urge my colleagues to act favorably on the legislation which we present with great pride, a product of the bipartisan work of all of the members of our committee and staff.
I will conclude my remarks and yield the floor to the vice chairman for his opening remarks, the distinguished Senator from Alaska [Mr. Murkowski]. But before I yield the floor I ask unanimous consent that a letter from the Congressional Budget Office on cost estimates for S. 1539 be printed in the Congressional Record at the conclusion of my remarks.
There being no objection, the letter was ordered to be printed in the Record, as follows,
Congressional Budget Office,
Washington, DC, September 12, 1991.
Hon. David L. Boren,
Chairman, Select Committee on Intelligence, U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has prepared the attached cost estimate of S. 1539 except for Titles I and IV, the Intelligence Authorization Act for Fiscal Year 1992, as reported by the Senate Select Committee on Intelligence on July 24, 1991.
The bill would affect direct spending and thus would be subject to pay-as-you-go procedures under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. Should the Committee so desire, we would be pleased to provide additional information on the estimate.
Sincerely,
Robert D. Reischauer.
1. Bill number: S. 1539 (Except for Titles I and IV).
2. Bill title: Intelligence Authorization Act for Fiscal Year 1992.
3. Bill status: As reported by the Senate Select Committee on Intelligence on July 24, 1991.
4. Bill purpose: To authorize appropriations for fiscal year 1992 for the intelligence activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
5. Estimated cost to the Federal Government of S. 1539 except for titles I and IV:
[By fiscal year, in millions of dollars]
-----------------------------------------------------------------------------
1992 1993 1994 1995 1996
-----------------------------------------------------------------------------
Direct spending:
Estimated budget authority -( 1 ) -( 1 ) -( 1 ) -( 1 ) -( 1 )
Estimated outlays -( 1 ) -( 1 ) -( 1 ) -( 1 ) -( 1 )
Amount subject to appropriations:
Stated Authorizations:
Authorization level 193 0 0 0 0
Estimated outlays 183 8 1 * 0
National Security scholarship fund:
Estimated authorizations 9 12 10 7 5
Estimated outlays -107 6 34 37 41
Total:
Estimated budget authority authorizations 202 12 10 7 5
Estimated outlays 77 13 35 37 41
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[Page: S14783]
The CBO was unable to obtain the necessary information to estimate the costs for Titles I and IV of this bill because of the classified nature of the material. The estimated costs in the table above, therefore, reflect only the costs of Titles II, III, and V through VII of the bill. The information about the budget functions in which some of these costs would fall also is classified. Therefore, a functional distribution of these costs has been excluded from this estimate.
Direct Spending
Title III contains several provisions that could directly change federal spending by altering entitlement of federal government employees or their survivors. Most of these provisions would not increase the spending of the federal government because they either put into law current practices of the Central Intelligence Agency (CIA), or distribute current retirement payments between divorced spouses. Two sections would bring about savings to the federal government. Section 302 would reduce the survivor benefits paid to children of deceased participants in the CIA Retirement and Disability System (CIARDS) if they have another surviving parent. Under current law these children are paid as if both parents are deceased. This provision is expected to save approximately $700 per year per child; total savings would not exceed $10,000 in any year of the estimate period.
Section 305 would remove the requirement that the CIA pay the full cost for disability exams at the retirement of a CIARDS employee. If enacted, some portion of the costs of these exams could be paid by the employees' health insurance providers. The CIA estimates that savings associated with this provision would not be significant.
Title VII of the bill contains the National Security Education Act of 1991, which would establish a National Security Education Board to oversee a program of scholarship, fellowship and grant awards for foreign language studies. The administrative provisions of the Act would allow the Board to accept gifts and to use or sell these gifts to carry out its functions. This would grant direct spending authority for the Board, though the CBO estimates that the net outlay effect would be zero since over time the spending cannot exceed the receipts.
The administrative provisions in Title VII also would provide the Board with the authority to enter into contracts to carry out the provisions of the title. This is similar to the authority regularly granted to new agencies, commissions, and boards as part of their administrative provisions. These new entities normally do not use this contract authority to enter into obligations in advance of receiving appropriations, thus the CBO does not expect this to increase outlays.
Amounts Subject to Appropriations
This estimate assumes that funds will be appropriated for the full amount of the authorization and that all resources will be available for obligation by October 1, 1991. Outlays are estimated based on historical outlays rates.
Titles II and III of the bill state fiscal year 1992 authorizations for appropriations for the Intelligence Community Staff of $28.8 million and for the required contribution to the Central Intelligence Agency Retirement and Disability Fund of $164.1 million.
The National Security Education Act in Title VII would create a National Security Education Trust Fund and would authorize the transfer of $180 million from intelligence activities funding for fiscal year 1992 to the fund. The amounts in this fund are to be invested in Treasury securities and the balances would be available for scholarships, fellowships and grants for foreign language studies, and for the administrative expenses of the fund. The fund is disburse $35 million in fiscal year 1992 for the foreign language studies. In the future, these scholarships, fellowships and grants are to be adjusted for inflation. This estimate assumes inflation rates and interest rates that are consistent with rates in the CBO summer baseline, and that the timing of interest payments would be the same as that for similar trust funds. The net change to federal outlays from this transfer were calculated as the difference between spending for intelligence activities (using the outlay rate for operations and maintenance for the Defense Department) and spending from the fund.
6. Pay-as-you-considerations: Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 sets up pay-as-you-go procedures for legislation affecting direct spending or receipts through 1995. The direct spending costs of this bill for provisions that are known to CBO and that are subject to the pay-as-you-go procedures are shown in the following table. CBO was unable to obtain the necessary information to review the full text of the bill and the reports accompanying it because they are classified at a level above the clearances now held by CBO employees. Consequently, CBO does not know if the bill contains additional provisions with pay-as-you-go implications.
[By fiscal year, in millions of dollars]
----------------------------------------
1992 1993 1994 1995
----------------------------------------
Change in outlays * * * *
Change in receipts ( 1 )
----------------------------------------
7. Estimated cost to State and local governments: None.
8. Estimate comparison: None.
9. Previous CBO cost estimate: None.
10. Estimate prepared by: Barbara Hollinshead (226-2840) Kent Christensen (226-2840).
11. Estimate approved by: C.G. Nuckols for James L. Blum, Assistant Director for Budget Analysis.
Mr. BOREN. Madam President, I now ask unanimous consent the distinguished vice chairman be recognized following a brief motion that I will make on another matter, and that whatever time is used by the vice chairman for his opening remarks not be counted against the time to run on the bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOREN. Madam President, this bill was reported last July 24 as an original bill by the Select Committee on Intelligence. It was subsequently referred to the Committee on Armed Services for a period of 30 days for matters within the jurisdiction of that committee.
The Committee on Armed Services reported out this bill on October 3, 1991, Senate Report No. 102-172, with several amendments.
It is my understanding that all of these amendments are acceptable to both sides of the aisle, and I therefore ask unanimous consent that they be considered en bloc.
The first of these amends section 105 of the bill which provides that any bill reported by a conference committee 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 the funds to be appropriated. The Armed Services amendment inserts the word `all' before `intelligence and intelligence-related activities,' making it clear that only the annual intelligence authorization bill is subject to the disclosure requirement contained in section 105. This is agreeable to us.
The second amendment also relates to the disclosure of the aggregate number for the intelligence and intelligence-related budget, and would delay the effective date of the disclosure requirements until the enactment of next year's intelligence authorization. Thus, it would delay the effective date of the budget disclosure provisions for approximately a year. This amendment is also agreeable to the committee.
Finally, the Armed Services Committee added three new provisions to the bill.
The first, found in section 801, would provide authority for the Director of the National Security Agency to pay the costs of transporting the remains of employees who had died while on rotational assignment within the United States to their home for burial.
The second, set forth in section 802, would permit the Director of Central Intelligence to transfer funds between accounts in the National Foreign Intelligence Program to meet operational emergencies. Such transfers would be permitted, however, only for amounts less than $10 million, and only where prior notice had been provided the relevant congressional committees, and where the head of the department or agency concerned had provided concurrence to the transfer.
The third provision, set forth in section 803 of the amended bill, would amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to provide that where unclassified information is protected from public disclosure by law or Executive order, that any such information furnished under the act will be handled in accordance with such laws or Executive orders.
Madam President, it is my understanding that these amendments are acceptable to both sides of the aisle.
I therefore ask unanimous consent that the amendments reported by the Committee on Armed Services be agreed to en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The question is on agreeing to the committee amendments en bloc.
The committee amendments were agreed to en bloc.
[Page: S14784]
Mr. BOREN. Madam President, I now send to the desk an amendment in the nature of a technical amendment and ask for its immediate consideration.
The PRESIDING OFFICER. Is there objection to considering the amendment? Without objection, it is so ordered. The clerk will report.
The bill clerk read as follows:
The Senator from Oklahoma [Mr. Boren] proposes an amendment numbered 1256.
Mr. BOREN. Madam President, I ask unanimous consent that reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Title VII of S. 1539 is amended by striking section 701 in its entirety and inserting in lieu thereof the following:
Sec. 701. (a) The Congress finds that--
(1) the security of the United States is and will continue to depend on the ability of the United States to exercise international leadership;
(2) United States leadership is and will increasingly be based on the political and economic strength of the United States, as well as United States 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 in ensuring that the employees of its national security agencies are prepared to meet the challenges of this changing international environment;
(6) the Federal Government also has a vested interest in taking actions to alleviate the problem of American undergraduate and graduate students being 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, area studies, and other international fields to help meet such challenges.
(b) The purposes of this section are as follows:
(1) To provide the necessary resources, accountability, and flexibility to meet the national security education needs of the United States, especially as such needs change over time.
(2) To increase the quantity, diversity, and quality of the teaching and learning of subjects in the fields of foreign languages, area studies, and other international fields that are critical to the Nation's interest.
(3) To produce an increased pool of applicants for work in the national security agencies of the United States Government.
(4) To expand, in conjunction with other Federal programs, the international experience, knowledge base, and perspectives on which the United States citizenry, Government employees, and leaders rely.
(5) To permit the Federal Government to advocate the cause of international education.
(c)(1) The National Security Act of 1947 (47 U.S.C. 401 et seq.) is amended by adding at the end the following new title:
`SEC. 801. SHORT TITLE.
`This title may be cited as the `National Security Education Act of 1991'.
`SEC. 802. PROGRAM REQUIRED.
`(a) Program Required:
`(1) In general: The Secretary of Defense; in consultation with the National Security Education Board established by section 803, shall carry out a program for--
`(A) awarding scholarships to undergraduate students who are United States citizens or resident aliens in order to enable such students to study, for at least 1 semester, in foreign countries;
`(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 foreign languages, area studies, and other international fields that are critical areas of such disciplines; and
`(ii) pursuant to subsection (c)(1), enter into an agreement to work for the Federal Government or in the field of education in the area of study for which the fellowship was awarded; and
`(C) awarding grants to institutions of higher education to enable such institutions to establish, operate, and improve programs in foreign languages, area studies, and other international fields that are critical areas of such disciplines.
`(2) Reservations: The Secretary shall have a goal of reserving for each fiscal year--
`(A) for the awarding of scholarships pursuant to paragraph (1)(A), 1/3 of the amount available for obligation out of the National Security Education Trust Fund for such fiscal year;
`(B) 1/3 of such amount for the awarding of fellowships pursuant to paragraph (1)(B); and
`(C) 1/3 of such amount to provide for the awarding of grants pursuant to paragraph (1)(C).
`(b) Contract Authority: The Secretary may enter into one or more contracts, with private national organizations having an expertise in foreign languages, area studies, and other international fields, for the awarding of the scholarships, fellowships, and grants described in subsection (a) in accordance with the provisions of this title. The Secretary may enter into such contracts without regard to section 3709 of the Revised Statutes (41 U.S.C. 5) or any other provision of law that requires the use of competitive procedures.
`(c) Service Agreement: In awarding a fellowship under the program, the Secretary or contract organization referred to in subsection (b), as the case may be, shall require the recipient of the fellowship to enter into an agreement that contains the assurances of such recipient that the recipient--
`(1) will maintain satisfactory academic progress; and
`(2) upon completion of such recipient's education, will 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 specified by the Secretary, which period shall be equal to not less than one and not more than three times the period for which the fellowship assistance was provided.
`(d) Distribution of assistance: In selecting the recipients for awards of scholarships, fellowships, or grants pursuant to this title, the Secretary or a contract organization referred to in subsection (b), as the case may be, shall take into consideration the extent to which the selections will result in there being an equitable geographic distribution of such scholarships, fellowships, or grants (as the case may be) among the various regions of the United States.
`(e) Merit Review: A merit review process shall be used in awarding scholarships, fellowships, or grants under the program.
`(f) Inflation: The amounts of scholarships, fellowships, and grants awarded under the program shall be adjusted for inflation annually.
`(g) Administration of Program Through the Defense Intelligence College: The Secretary shall administer the program through the Defense Intelligence College.
`SEC. 803. 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 chairman of the Board.
`(B) The Secretary of Education.
`(C) The Secretary of State.
`(D) The Secretary of Commerce.
`(E) The Director of Central Intelligence.
`(F) The Director of the United States Information Agency.
`(G) Four 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) Term of appointees: Each individual appointed to the Board pursuant to paragraph (1)(G) shall be appointed for a period specified by the President at the time of the appointment but 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) develop criteria for awarding scholarships, fellowships, and grants under this title;
`(2) provide for wide dissemination of information regarding the activities assisted under this title;
`(3) establish qualifications for students and institutions of higher education desiring scholarships, fellowships, and grants under this title;
`(4) make recommendations to the Secretary regarding which countries are not emphasized in other United States study abroad programs, such as countries in which few United States students are studying, and are, therefore, critical countries for the purposes of section 802(a)(1)(A);
`(5) make recommendations to the Secretary regarding which areas within the disciplines described in section 802(a)(1)(B) are areas of study in which United States students are deficient in learning and are, therefore, critical areas within such disciplines for the purposes of such section;
`(6) make recommendations to the Secretary regarding which areas within the disciplines described in section 802(a)(1)(C) are areas 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 are, therefore, critical areas within such disciplines for the purposes of such section; and
`(7) review the administration of the program required under this title.
[Page: S14785]
`SEC. 804. 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'.
`(b) Availability of Sums in the Fund.--(1) To the extent provided in appropriations Acts, sums in the Fund shall be available for--
`(A) awarding scholarships, fellowships, and grants in accordance with the provisions of this title; and
`(B) properly allocable administrative costs of the Federal Government for the program under this title.
`(2) Any unobligated balance in the Fund at the end of a fiscal year shall remain in the Fund and may be appropriated for subsequent fiscal years.
`(c) Investment of Fund Assets.--The Secretary of the Treasury shall invest in full the amount in the Fund that is not immediately necessary for obligation. 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.
`SEC. 805. ADMINISTRATIVE PROVISIONS.
`(a) In General: In order to conduct the program required by this title, the Secretary may--
`(1) prescribe regulations to carry out the program;
`(2) receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used for the purpose of conducting the program required by this title, and to use, sell, or otherwise dispose of such property for that purpose;
`(3) accept and use the services of voluntary and noncompensated personnel; and
`(4) make other necessary expenditures.
`(b) Annual Report: The Secretary shall submit to the President and to the Congress an annual report of the conduct of the program required by this title. The report shall contain--
`(1) an analysis of the mobility of students to participate in programs of study in foreign countries;
`(2) an analysis of the trends within language, international, and area studies, along with a survey of such areas as the Secretary determines are receiving inadequate attention;
`(3) the impact of the program activities on such trends; and
`(4) an evaluation of the impediments to improving such trends.
`SEC. 806. AUDITS.
`The conduct of the program required by 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 of the Department of Defense pertaining to such activities and necessary to facilitate the audit.
`SEC. 807. DEFINITIONS.
`For the purpose of this title--
`(1) the term `Board' means the National Security Education Board established pursuant to section 803;
`(2) the term `Fund' means the National Security Education Trust Fund established pursuant to section 804; 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.'.
(2) The table of contents for such Act is amended by inserting at the end the following:
`Sec. 801. Short title.
`Sec. 802. Program required.
`Sec. 803. National Security Education Board.
`Sec. 804. National Security Education Trust Fund.
`Sec. 805. Administrative provisions.
`Sec. 806. Audits.
`Sec. 807. Definitions.'.
(d) Of the amounts made available in the National Security Education Trust Fund for fiscal year 1992 for the scholarships, fellowships, and grants program provided for in title VIII of the National Security Act of 1947, as added by subsection (c), the Secretary shall reserve--
(1) $15,000,000 for awarding scholarships pursuant to section 802(a)(1)(A) of such Act;
(2) $10,000,000 for awarding fellowships pursuant to section 802(a)(1)(B) of such Act; and
(3) $10,000,000 for awarding grants pursuant to section 802(a)(1)(C) of such Act.
Mr. BOREN. Madam President, this amendment amends title VII of the bill by substituting the language that was passed by the Senate on September 26, 1991, as an amendment to the Defense appropriations bill. As my colleagues will recall, this amendment established a national security education fund to provide for scholarships, fellowships, and grants to educational institutions to encourage and develop scholarship in language studies, foreign area studies, and international studies.
As I explained in my opening statement and when this amendment was considered as part of the debate on the Defense appropriations bill, I believe there is a critical need for this type of educational assistance program in the national security area.
The purpose of this amendment is simply to conform the language in the intelligence bill with the language which has already passed the Senate in the Defense bill. The basic purposes and framework of the proposal remain the same.
We have also been advised by the Office of Management and Budget that if this legislation is enacted, the appropriation would be scored within the O-50 account, consistent with the budget agreement.
I, therefore, urge the adoption of this amendment.
The PRESIDING OFFICER. If there is no further debate, the question is on agreeing to the amendment.
The amendment (No. 1256) was agreed to.
Mr. BOREN. Madam President, I move to reconsider the vote.
Mr. MURKOWSKI. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BOREN. Madam President, I move to reconsider the amendments adopted en bloc as part of the conforming amendments earlier to the Armed Services Committee.
Mr. MURKOWSKI. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BOREN. Madam President, I send an amendment to the desk and ask for its immediate consideration.
The PRESIDING OFFICER. Is there objection to considering the amendment? Without objection, it is so ordered. The clerk will report.
The bill clerk read as follows:
The Senator from Oklahoma [Mr. Boren] proposes an amendment numbered 1257.
Mr. BOREN. Madam President, I ask unanimous consent that reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Add at the appropriate place in the bill the following new subsection:
( ) The Secretary of Defense shall take appropriate action to ensure that included within the budget submitted to Congress for the General Defense Intelligence Program for fiscal year 1993, and for every fiscal year thereafter, shall be the amounts requested to be authorized and appropriated for the (1) the TR-1 airborne reconnaissance platform and related sensor programs; and (2) the Airborne Reconnaissance Support Program. The Secretary of Defense is further directed to consolidate management during fiscal year 1992 of the TR-1, U-2, and Airborne Reconnaissance Support Programs within the General Defense Intelligence Program.
[Page: S14786]
Mr. BOREN. Madam President, this year, in their reports on the Department of Defense authorization and appropriations bills, both the Senate Armed Services Committee and the Senate Appropriations Committee recommended the transfer of funds for the TR-1 airborne reconnaissance platform and related sensor programs from the Tactical Intelligence and Related Activities Program [TIARA] to the General Defense Intelligence Program [GDIP]. The committees further directed the consolidation of the TR-1 and U-2 programs within the GDIP, and recommended that advanced sensor, data-link and ground station resources from another TIARA program--the Airborne Reconnaissance Support Program--also be transferred and managed as part of a consolidated U-2/TR-1 program.
The Select Committee on Intelligence endorses these recommendations. Indeed, the committee had previously recommended this course of action to the Senate Armed Services Committee as part of our independent review of the fiscal year 1992 TIARA request, both to improve program management and achieve savings in a period of declining defense resources. Because the Intelligence Committee does not have jurisdiction over TIARA, however, we could not direct the transfer of the appropriate funds to the GDIP in our own authorization bill without the agreement of the Armed Services Committee.
As I have indicated, that agreement, as well as the agreement of the Senate Appropriations Committee, is now a matter of record. Accordingly, the committee now wishes to offer an amendment to the fiscal year 1992 Intelligence authorization bill to mirror the actions already taken by the Senate Armed Services and Appropriations Committees in their reports on the Defense authorization and appropriation bills, respectively.
Madam President, I urge the adoption of the amendment.
The PRESIDING OFFICER. Is there further debate on the amendment? There being no further debate, the question is on agreeing to the amendment.
The amendment (No. 1257) was agreed to.
Mr. BOREN. Madam President, I move to reconsider the vote.
Mr. MURKOWSKI. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BOREN. Madam President, this concludes the opening comments that I have to make and also the housekeeping business that it is necessary for us to undertake.
I have been joined on the floor by my distinguished colleague, the vice chairman of the committee, the Senator from Alaska. As I have indicted, it is my privilege to work with him. We have carried forward a tradition in this year that was begun by Senator Cohen and myself, when we served together in previous years, of a bipartisan approach to the sensitive issues we must face on the Intelligence Committee, a common commitment to be truly trustees for the rest of the Senate and the American people in overseeing these very sensitive activities.
I again want to express my appreciation to him for the spirit that he has brought to this process, for the bipartisan spirit with which he has approached these challenges, for his diligence in trying to ensure that the oversight which our committee provides will be as thorough as possible and as efficient and effective as possible for the American people. I, again, want to express my appreciation to him. We have already obtained unanimous consent that his opening remarks not count against the time on the bill.
I happily yield the floor at this time so that the vice chairman can make his opening remarks.
The PRESIDING OFFICER. The Senator from Alaska, the vice chairman of the committee.
Mr. MURKOWSKI. Madam President, if I may just for a moment embellish the extraordinary relationship that exists with the chairman and, as a consequence of this relationship, I think that we have worked together in a manner that I think reflects professionalism on behalf of an extraordinary staff on both sides and have been able to fashion harmoniously, for the most part, an agenda that represents a consensus of the committee. As we look forward to the increasing responsibility associated with this oversight by the Intelligence Committee and look to new challenges ahead, I think we both agree that the efforts to achieve accountability within the agencies is something that both the chairman and I are dedicated to achieve in a greater degree, as well as the staff.
So I am very pleased to join with the distinguished chairman of the Select Committee on Intelligence and the other Members on our side as a cosponsor of the fiscal year 1992 intelligence authorization bill.
As we all know, Madam President, the world has changed more dramatically in the last year than any time probably since the Second World War. Nowhere are the effects and challenges of these changes felt more acutely than within the intelligence agencies. We have seen that in the hearings held in the committee for Mr. Gates.
Almost overnight, the great adversary against which we built the CIA and other components of the intelligence community seems to have disappeared. Threats to our national security that were acute just 2 or 3 years ago have now faded to the point where they might be considered invisible. As a result, questions that were unthinkable a short time ago are now asked seriously, including whether or not we even need a Central Intelligence Agency any more in this Nation.
Madam President, I and my colleagues on the committee will not hesitate to answer: Of course, we need the continuity, the commitment, and the capabilities of the Central Intelligence Agency to serve this country.
The world remains a very dangerous place, as our recent military involvement in Iraq makes clear. The threat from the Third World countries is a very real one and the world is aware of it. New perils are emerging as the alarming revelations about the Iraq nuclear program indicate. Each day we are hearing more and more about what their capability was at a crucial time of that conflict. Whether the challenge is the proliferation of weapons of mass destruction or terrorism or economic competitiveness or monitoring of arms control, information, accurate information, is vital. We cannot act to forestall dangers we are unaware of or do not understand.
The criticism has been laid to the agency from time to time about the adequacy of information. But as the chairman and I, and members and staff of the Intelligence Committee are well aware of, if you begin to disclose the extent of your information, you also begin to disclose the sources, and if you disclose the sources, why, more often than not, it is quite
likely that you can lose those sources, or even a worse set of circumstances.
Having said this, I think it is also clear that ways will have to be found to conduct the Nation's intelligence business at less cost. Basically, Madam President, we should be able to get better intelligence for less money through the process of consolidation, and I think this is a pledge that has been made in the hearings that we have had so far by the President's nominee, Dr. Gates.
The bill before this body has made major cuts in the budget request of the President. The committee made some very, very hard choices and some of the cuts will clearly hurt, but the committee, I think, did a responsible job in a time of increasing budget constraints.
I think it important to point out that we had a discussion on the floor with the Armed Services Committee. I, as one, regret, and I regret deeply, that the committee was unsuccessful in persuading the Armed Services Committee to pass on all of the savings directly to the Treasury, and these were savings that were made within the committee. I think it is a matter that we are going to have to revisit next year with the Armed Services Committee in a more diligent and forceful manner because it is appropriate that if these savings are made by the committee, they be passed on for the benefit of the bottom line and not necessarily incorporated in some aspects of the budget in the Armed Services Committee.
Further, Madam President, in addition to budget cuts, the new environment requires us to reexamine the whole structure of the intelligence community, look for opportunities to reorganize and streamline these agencies. The staff of the Intelligence Committee has already undertaken a major effort to identify the available options.
Chairman Boren and myself have conducted lengthy conversations with Senator Nunn and Senator Warner, and because of the complexity of the issue and the time that was unavoidably lost in the dealing of the confirmation of the new DCI, we have agreed, somewhat reluctantly, certainly on my part, to defer most of the reorganization initiatives to the fiscal year 1993 authorization bill. My feeling is the longer we put things off, the less likely we are to complete them with diligence. But my staff assures me otherwise. So I am going to hold my staff to that. I trust that the chairman will, as well.
It is also important that the committee hear from the new DCI before it acts, and we hope to have that opportunity in the not-too-distant future, assuming that we can wind up our confirmation process in an expeditious manner, not follow the most recent pattern we have seen here in this body. But let me emphasize that we have already done much of the spadework needed for the initiatives with regard to increasing the efficiency of the agency.
The bill before us contains many, many provisions, some of which will be discussed at great length on the floor this afternoon. We anticipate a number of amendments with regard to the increased number of confirmations that should be made within the agency. It is my understanding that there was some talk of an FBI amendment being offered relative to the Thomas case concerning leaks. It is my understanding that has been dropped and will be pursued on other legislation at a more appropriate time.
Clearly, it is an obligation of the committee to address matters of intelligence, and the FBI is certainly under our oversight. But as we reflect on the significance of the charge of those leaks, why, I think it references a responsibility that we all have, particularly on the Intelligence Committee, to have the assurance from our staffs that leaks will not occur and we certainly should be setting an example for all committees. Of course, there is absolutely no excuse for leaks of any kind.
So I think the point is well taken. But clearly it is going to get more attention by this body as a consequence of what happened with the Thomas and the Professor Hill incident.
Madam President, the bill before us, as I have said, contains many of the provisions that I think are important, and I know the chairman believes they are important. The chairman already spoke of the educational program which is designed to put significant resources into international education to better prepare our population, as he indicated, to cope with the kind of changes that are occurring in the world. And I mentioned this in the previous part of my opening statement.
The committee has crafted this program under an endowment concept. It is a departure from the normal activities of the committee. Yet, the merits of reaching out and meeting the obligation, of having trained people, I think, is certainly meritorious and deserves the support of the committee.
The idea of a self-sustaining source of income in the years ahead under the endowment concept certainly has an application.
I understand that there has been general thought and some acceptance to require recipients of graduate fellowships to work for the Government in the area of study at least for which the fellowships were awarded. The chairman and I have had some conversations about this. I would like to see this at further levels. I believe the chairman still has somewhat of an open mind to it. But I think it is fair to say that since we no longer have a mandatory draft type of an arrangement--yet we have the ROTC, NROTC, all of which requires some kind of contribution back to the Government for the educational opportunities--I think some type of service commitment is an appropriate responsibility for the recipient of these types of grants or scholarships, as the case may be. I urge my colleagues to give that consideration.
But overall it is an important initiative. It is worthy of careful consideration.
I encourage that consideration also be given that these scholarships and basic opportunities for higher education in the sense of an international opportunity be extended to regional institutions throughout the country as opposed to the more traditional recognition that the larger, more well-established Eastern schools more traditionally are favored with this type of endowment.
I think consideration should be given to those educational institutions which interact more directly with some of the new and exciting regions of the world that are opening up as a consequence of may changes which have occurred in Eastern Europe and the Soviet Union. I refer specifically to the Pacific rim activities associated with the situation as it unfolds in Vietnam, Cambodia. Clearly we are going to want people who have an expertise and an interest in that part of the world; Eastern Siberia, where in my State of Alaska, through the University of Alaska, we have exchange programs set up; we have probably 40 students from Siberia in residence in Fairbanks, AK; Alaska Pacific University specializing in the Pacific rim countries.
We need to see that these endowment scholarships are spread out to areas for regional coverage and provide these educational institutions with opportunities to provide even more and better programs in serving, if you will, the needs of communication between our two peoples. I have talked with these students who have been over in Siberia, Alaskans, young people from the State of California who have gone to our schools. When they live in a Soviet home in Siberia, they have a different appreciation and understanding not only of Western values but an appreciation of the trials and tribulations of our
Soviet neighbors and have a tremendous contribution that they can make in the sense of easing tensions and establishing a better world understanding.
So I hope that I can appeal to my good friend, the chairman, the senior Senator Senator from Oklahoma, to encourage universities in regional areas that have an expertise to step up and become involved in this program.
Finally, Madam President, I would also stress that the existence of this body of anticipated trained intelligence specialists will not only benefit the Government agencies, including the intelligence community, but also the business community as well.
I think it is critical to our national future that American business become more equipped to compete in the international marketplace. Oftentimes, this is difficult because of antitrust regulations. One only has to follow the effectiveness of a Japanese trading corporation and the interlock, the linkage between their ability not only to manufacture raw materials but produce, advertise, finance, transport, you name it. We are precluded from those kinds of things, so how are we going to be competitive in an international marketplace?
We have to have people who are versed in business as well as diplomacy representing us in our missions overseas. This will require more skilled managers, analysts, knowledgeable people about foreign countries and international conditions and, most of all, fluent in language.
It is a terrible thing to observe, Madam President, but you know and I know it is so easy to do business overseas because your hosts understand English and the American person doing business overseas being conversant certainly pays off.
Another difficulty we have, and it has been expressed by a number of colleagues on the committee, is the question of just how we handle information that is gathered from an intelligence source and made available to our private sector when more often than not we have two or three competing businesses and how do you share the information. It is a very difficult thing to do. But it is commonplace. And we are aware that the other countries are very much involved in their intelligence-gathering process in determining advantages in the U.S. marketplace and they share that with firms in their country. Unfortunately, more often than not, many of these firms are partially owned by the Government or participated in substantially through financial commitments by that Government. It is easier for them to provide the intelligence.
But this is a world of survival, Madam President, and if we are going to survive in the international marketplace we must have the capability of playing on a level field, and that means competing in an international marketplace in a different manner than we compete domestically. And this is going to put not only a challenge on the committee and the staff but all Members of the Senate to recognize that we must maintain an international competitiveness if we are to prosper as a nation.
I thank the Chair. I thank my colleague and good friend, the chairman of the committee, for his diligence in proceeding to get our bill up today, and I look forward to the process ahead.
Madam President, I yield the floor.
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Mr. BOREN. Madam President, I thank my colleague for this generous remarks. As I have said, it is, indeed, a pleasure to work with him in these constructive endeavors.
We have talked a lot in our opening remarks about the new educational initiative proposed by the committee, one already acted upon in the appropriations bill on the floor earlier. It is an exciting proposal.
As I have indicated, it is the first major educational initiative of this type understanding that the national security interests of the United States cannot be defined in very narrow terms, technical terms, dealing only with items of military hardware, for example. But the national security interests of the United States, especially in these changing times, must be viewed broadly and making certain that we have the human resources we need, that we have the well-trained people coming out of the next generation in the field of foreign languages, the understanding of various religions and cultures and other communities around the world is absolutely essential and vital to our national security in the broadest sense of that term and in the most meaningful sense of that term.
We are, indeed, proud of the National Security Education Act and the initiative our committee has taken.
I should also indicate that while we have not been able to discuss in detail the cuts we have made in the original administration request in the intelligence bill and have not been able to describe, because of reasons of classification, the detailed nature of the shifts of priorities we have undertaken also in the intelligence bill, this bill does reflect a greater emphasis on improving our human intelligence source capability.
As many of us have said, with all the changes in the world, we are going to be facing a situation where we will have fewer troops stationed around the world in forward positions.
This means that we will need to have earlier warning of the intentions of those that might inflict danger on the world, that might cause regional conflicts. We learned very painfully with the situation in the Middle East, with the Iraqi invasion of Kuwait, that by the time we can learn through national technical means of the movement of forces on the ground that it is often too late to give the policymakers a whole range of actions that they might take to avoid a conflict.
Had the President of the United States had good human source intelligence about the intentions of Saddam Hussein, for example, 6 months before the invasion of Kuwait, he could have considered a whole range of policy options that might have enabled us to avoid that war, that conflict--perhaps joint exercises with Saudi Arabia in the forward positionings of aircraft and supplies, sending a signal a Saddam Hussein, a very clear signal that any attempt at aggression would be resisted.
These are the kinds of actions that, had we had intelligence warning from human sources early enough, might have enabled us to avoid the Persian Gulf conflict, costly as it was both in material goods, and even more important, in terms of the cost of precious lives. Perhaps it could have been avoided with earlier warning.
In this kind of early warning, this kind of understanding of the intentions of potential adversaries, direct inside information from human sources becomes even more important. The nature of the threat also changes. We cannot, from satellite photography, have a good idea of what is going on in some tiny garage behind some residence where a terrorist group might be putting together a very pote