INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1986

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CIA-RDP87M01007R000400940004-7
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May 23, 1985
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REPORT
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Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 W f- ! 99TH CONGRESS } REPT. 99-106 1st Session } 4OUSE OF REPRESENTATIVES { Part 2 INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1986 MAY 23, 1985.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. ASPIN, from the Committee on Armed Services, submitted the following REPORT [To accompany H.R. 2419] The Committee on Armed Services, to whom was referred the bill (H.R. 2419) to authorize appropriations for fiscal year 1986 for intelligence and intelligence-related activities of the U.S. Govern- ment, the Intelligence Community Staff, and the Central Intelli- gence Agency Retirement and Disability System, and for other pur- poses, having considered the same, report favorably thereon with- out amendment and recommend that the bill do pass. H.R. 2419 would authorize appropriations and related matters for fiscal year 1986, for certain Department of Defense intelligence-re- lated activities within the jurisdiction shared by the Committee on Armed Services and the Permanent Select Committee on Intelli- gence pursuant to the provisions of clause 1(c), rule X and clause 2(b), rule XLVIII of the Rules of the House of Representatives, and title 10, United States Code, section 138. SEQUENTIAL REFERRAL H.R. 2419 was originally referred only to the Permanent Select Committee on Intelligence. Because Department of Defense intelli- gence-related activities are shared jointly with this committee and the select committee, pursuant to clause 1(c), rule X and clause 2(b), rule XLVIII of the Rules of the House of Representatives, the bill was sequentially referred on May 15, 1985, for consideration of those areas within the jurisdiction of this committee for a period ending not later than May 24, 1985. 51-0060 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 i T Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 2 BACKGROUND AND DISCUSSION The committee exercised its oversight jurisdiction, as shared with the Permanent Select Committee on Intelligence, with regard to those Department of Defense intelligence-related activities items that fall within the authorization authority of the committee as contained in title 10, United States Code, section 138. In anticipation of the sequential referral of H.R. 2419, the Com- mittee on Armed Services, in its report on H.R. 1872 (House Report 99-81), the Department of Defense Authorization Act for fiscal year 1986, reflected the agreement of this committee on those intelli- gence-related activities items. Because the specific figures in the Department of Defense intelli- gence-related activities accounts are classified, they are included only in the classified annex of the report on H.R. 2419 prepared by the Permanent Select Committee on Intelligence. The programs approved were a part of the overall program sub- mitted by the Department of Defense for authorization for appro- priations for fiscal year 1986. COMMITTEE POSITION The report of the Committee on Armed Services on H.R. 1872 (House Report 99-81), the Department of Defense Authorization Act for fiscal year 1986, reflects the agreement of this committee on those intelligence-related activities items contained in H.R. 2419 that fall within the jurisdiction of this committee. The committee on May 8, 1985, a quorum being present, agreed to report H.R. 1872, by rollcall vote of 39 to 7, which agreement was confirmed by the committee with regard to intelligence-related activities on May 22, 1985, a quorum being present, by voice vote. Five year cost projection Pursuant to clause 7, rule XIII of the Rules of the House of Rep- resentatives, the committee reports that the cost estimate for fiscal years 1986 and the following five years as they relate to specific ac- tions by the committee are included in the classified annex of the report on H.R. 2419 prepared by the Permanent Select Committee on Intelligence. Accordingly, the committee adopts the comments of the select committee in part 1 of the report on H.R. 2419, as they relate to matters within the jurisdiction of the Armed Services Committee. Congressional Budget Office estimate In compliance with clause 2(1)(3XC), rule XI of the Rules of the House of Representatives, the committee adopts the comments of the Permanent Select Committee on Intelligence in part 1 of the report on H.R. 2419, indicating that the committee has received no report from the Congressional Budget Office. However, pertinent programs under the jurisdiction of the Armed Services Committee Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87M01007R000400940004-7 G O were reflected in the Congressional Budget Office report on H.R. 1872. Inflation-impact statement In compliance with clause 2(1)(4), rule XI of the Rules of the House of Representatives, the committee adopts the position of the Permanent Select Committee on Intelligence in part 1 of the report on H.R. 2419, as it relates to matters within the jurisdiction of the Armed Services Committee. With reference to clause 2(1)(3)(D), rule XI of the Rules of the House of Representatives, the committee has not received a report from the Committee on Government Operations pertaining to this subject matter. In compliance with clause 2(b)(1), rule X of the Rules of the House of Representatives, the committee reports that it reviewed carefully in conjunction with reporting H.R. 1872, the Department of Defense Authorization Act for fiscal year 1986, the various as- pects of intelligence-related activities of the Department of De- fense. This review was equally pertinent to those same programs as reflected in the classified annex of the report on H.R. 2419 pre- pared by the Permanent Select Committee on Intelligence. That review constitutes but one element of the continuing examination of the national defense and intelligence establishments as a major segment of the committee's oversight responsibilities with regard to national security. CHANGES IN EXISTING LAW Changes in existing law are contained in Part 1 of the report. SUMMARY Background and purpose H.R. 2419 would authorize appropriations and related matters for fiscal year 1986, for certain Department of Defense intelligence-re- lated activities within the jurisdiction shared by the Committee on Armed Services and the Permanent Select Committee on Intelli- gence pursuant to the provisions of clause 1(c), rule X and clause 2(b), rule XLVIII of the Rules of the House of Representatives. Because the matters acted on by the committee were confined ba- sically to classified items in the Department of Defense intelli- gence-related activities category, the committee recommendations are reflected in the classified annex to the report on H.R. 2419 pre- pared by the Permanent Select Committee on Intelligence. This committee and the select committee reached an agreement on all matters that were jointly considered. Fiscal data The estimate of costs for fiscal year 1986 and the following five years as they relate to the specific recommendations for the De- partment of Defense intelligence-related activities are included in Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87M01007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 the classified annex to the report on H.R. 2419 prepared by the Permanent Select Committee on Intelligence. Departmental position The programs approved were a part of the overall program sub- mitted by the Department of Defense for authorization for appro- priations for fiscal year 1986. Committee position The Committee on Armed Services on April 11, 1984, agreed to report by a rollcall vote of 39 to 7, H.R. 1872, the fiscal year 1986 Department of Defense Authorization Act, that reflects the agree- ment of the committee on those intelligence-related activities items contained in H.R. 2419. The committee reconfirmed that action on May 22, 1985, a quorum being present, by voice vote. Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 I 99TH CONGRESS 1ST SESSION He R Calendar No. 239 .2419 IN THE SENATE OF THE UNITED STATES JULY 22 (legislative day, JULY 16), 1985 Received; read twice and placed on the calendar AN ACT To authorize appropriations for fiscal year 1986 for intelligence and intelligence-related activities of the United States Gov- ernment, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Intelligence Authoriza- 4 tion Act for Fiscal Year 1986". Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 - 2 1 TITLE I-INTELLIGENCE ACTIVITIES 2 AUTHORIZATION OF APPROPRIATIONS 3 SEC. 101. Funds are hereby authorized to be appropri- 4 ated for fiscal year 1986 for the conduct of the intelligence 5 and intelligence-related activities of the following elements 6 (or offices, agencies or subelements thereof) of the United 7 States Government: 8 (1) The Central Intelligence Agency. 9 (2) The Department of Defense. 10 (3) The Defense Intelligence Agency. 11 (4) The National Security Agency. 12 (5) The Department of the Army, the Department 13 of the Navy, and the Department of the Air Force. 14 (6) The Department of State. 15 (7) The Department of the Treasury. 16 (8) The Department of Energy. 17 (9) The Federal Bureau of Investigation. 18 (10) The Drug Enforcement Administration. 19 CLASSIFIED SCHEDULE OF AUTHORIZATIONS 20 SEC. 102. The amounts authorized to be appropriated 21 under section 101, and the authorized personnel ceilings as of 22 September 30, 1986, for the conduct of the intelligence and 23 intelligence-related activities of the elements (or offices, 24 agencies or subelements thereof) listed in such section, are 25 those specified in the classified Schedule of Authorizations 26 prepared by the Permanent Select Committee on Intelligence HR 2419 PCS Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 ? d 3 1 to accompany H.B. 2419 of the Ninety-ninth Congress. That 2 Schedule of Authorizations shall be made available to the 3 Committees on Appropriations of the Senate and House of 4 Representatives and to the President. The President shall 5 provide for suitable distribution of the Schedule, or of appro- 6 priate portions of the Schedule, within the executive branch- 7 AUTHORIZATION OF APPROPRIATIONS FOR OOUJITBRTER- 8 RORISM AOTMTIES OF THE FEDERAL BUREAU OF 9 INVESTIGATION 10 SBc. 103. In addition to the amounts authorized to be 11 appropriated under section 101(9), there is authorized to be 12 appropriated for fiscal year 1986 the sum of $15,200,000 for 13 the conduct of the activities of the Federal Bureau of Investi- 14 gation to counter terrorism in the United States. 15 PERSONNEL CEILING ADJUSTMENTS 16 SEC. 104. The Director of Central Intelligence may au- 17 thorize employment of civilian personnel in excess of the 18 numbers authorized for the fiscal year 1986 under sections 19 102 and 202 of this Act when he determines that such action 20 is necessary to the performance of important intelligence 21 functions, except that such number may not, for any element 22 (or offices, agencies or subelements thereof) of the Intelli- 23 Bence Community, exceed 2 per centum of the number of 24 civilian personnel authorized under such sections for such ele- 25 ment. The Director of Central Intelligence shall promptly 26 notify the Permanent Select Committee on Intelligence of the Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 4 1 House of Representatives and the Select Committee on Intel- 2 ligence of the Senate whenever he exercises the authority 3 granted by this section. 4 PROHIBITION ON COVERT ASSISTANCE FOR MILITARY 5 OPERATIONS IN NICARAGUA 6 SEC. 105. During fiscal year 1986, no funds available to 7 the Central Intelligence Agency, Department of Defense, or 8 any other agency or entity of the United States involved in 9 intelligence activities may be obligated or expended, directly 10 or indirectly, for material assistance to the Nicaraguan demo- 11 cratic resistance including arms, ammunition, or other equip- 12 ment or material which could be used to inflict serious bodily 13 harm or death, or which would have the effect of providing 14 arms, ammunition or other weapons of war for military or 15 paramilitary operations in Nicaragua by any group, organiza- 16 tion, movement or individual. 17 TITLE II-INTELLIGENCE COMMUNITY STAFF 18 AUTHORIZATION OF APPROPRIATIONS 19 SEC. 201. There is authorized to be appropriated for the c 20 Intelligence Community Staff for fiscal year 1986 the sum of 21 $21,000,000. 22 AUTHORIZATION OF PERSONNEL END-STRENGTH 23 SEC. 202. (a) The Intelligence Community Staff is au- 24 thorized two hundred and thirty-three full-time personnel as 25 of September 30, 1986. Such personnel of the Intelligence 26 Community Staff may be permanent employees of the Intelli- HR 2419 PCS Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 5 5 1 gence Community Staff or personnel detailed from other ele- 2 ments of the United States Government. 3 (b) During fiscal year 1986, personnel of the Intelli- 4 gence Community Staff shall be selected so as to provide 5 appropriate representation from elements of the United 6 States Government engaged in intelligence and intelligence- 7 related activities. 8 (c) During fiscal year 1986, any officer or employee of 9 the United States or a member of the Armed Forces who is 10 detailed to the Intelligence Community Staff from another 11 element of the United States Government shall be detailed on 12 a reimbursable basis, except that any such officer, employee, 13 or member may be detailed on a nonreimbursable basis for a 14 period of less than one year for the performance of temporary 15 functions as required by the Director of Central Intelligence. 16 INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN 17 SAME MANNER AS CENTRAL INTELLIGENCE AGENCY 18 SEC. 203. During fiscal year 1986, activities and per- 19 sonnel of the Intelligence Community Staff shall be subject to 20 the provisions of the National Security Act of 1947 (50 21 U.S.C. 401 et seq.) and the Central Intelligence Agency Act 22 of 1949 (50 U.S.C. 403a et seq.) in the same manner as 23 activities and personnel of the Central Intelligence Agency. Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 6 1 TITLE III--CEN T'BAL INTELLIGENCE AGENCY 2 RETIREMENT AND DISABILITY SYSTEM 3 AUTHORIZATION OF APPROPRIATIONS 4 SEc. 301. There is authorized to be appropriated for the 5 Central Intelligence Agency Retirement and Disability Fund 6 for fiscal year 1986 the sum of $101,400,000. 7 TITLE IY-PROVISIONS RELATING TO 8 INTELLIGENCE AGENCIES 9 SEc. 401. (a) Title V of the National Security Act of 10 1947 (50 D.S.C. 413), relating to accountability for intelli 11 gence activities, is amended by adding at the end thereof the 12 following: 13 "NOTICE TO CONGRESS OF CERTAIN EXPENDITURES AND 14 CERTAIN TRANSFERS OF DEFENSE ARTICLES 15 "SEc. 502. (ax1) Funds available to an intelligence 16 agency may be obligated or expended for an intelligence or 17 intelligence-related activity only if- 18 "(A) those funds were specifically authorized by 19 the Congress for use for such activity; or 20 "(B) in the case of funds from the Reserve for 21 Contingencies of the Central Intelligence Agency and 22 consistent with the provisions of section 501 of this 23 Act concerning any significant anticipated intelligence 24 activity, the Director of Central Intelligence has noti- 25 fied the appropriate congressional committees of the ^Z41ltcs Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 7 1 intent to make such funds available for such activity; 2 or 3 "(C) in the case of funds specifically authorized by 4 the Congress for a different activity- 5 "(i) the activity to be funded is a higher pri- 6 ority intelligence or intelligence-related activity; 7 "(ii) the need for funds for such activity is 8 based on unforeseen requirements; and 9 "(iii) the Director of Central Intelligence or 10 the Secretary of Defense has notified the appro- 11 priate congressional committees of the intent to 12 make such funds available for such activity. 13 "(2) Funds available to an intelligence agency may not 14 be made available for any intelligence or intelligence-related 15 activity for which funds were denied by the Congress. 16 "(b)(1) The transfer of a defense article or defense serv- 17 ice exceeding $1,000,000 in value by an intelligence agency 18 to a recipient outside that agency shall be considered a signif- 19 icant anticipated intelligence activity for the purpose of sec- 20 tion 501 of this Act. 21 "(2) Paragraph (1) does not apply if- 22 "(A) the transfer is being made to a department, 23 agency, or other entity of the United States (so long as 24 there will not be a subsequent retransfer of the defense 25 articles or defense services outside the United States Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 10 11 12 13 8 Government in conjunction with an intelligence or in- telligence-related activity); or "(B) the transfer- "(i) is being made pursuant to authorities contained in part II of the Foreign Assistance Act of 1961, the Arms Export Control Act, title 10 of the United States Code (including a law enacted pursuant to section 7307(b)(1) of that title), or the Federal Property and Administrative Services Act of 1949, and "(ii) is not being made in conjunction with an intelligence or intelligence-related activity. "(3) An intelligence agency may not transfer any de- 14 fense articles or defense services outside the agency in con- 15 junction with any intelligence or intelligence-related activity 16 for which funds were denied by the Congress. 17 "(c) As used in this section- 18 "(1) the term `intelligence agency' means any 19 department, agency, or other entity of the United 20 States involved in intelligence or intelligence-related 21 activities; 22 "(2) the term `appropriate congressional commit- 23 tees' means the intelligence committees and the Com- 24 mittee on Appropriations of each House; Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 9 1 "(3) the term `intelligence committees' means the 2 Permanent Select Committee on Intelligence of the 3 House of Representatives and the Select Committee on 4 Intelligence of the Senate; 5 "(4) the term `specifically authorized by the Con- 6 gress' means that- 7 "(A) the activity and the amount of funds 8 proposed to be used for that activity were identi- 9 fied in a formal budget request to the Congress, 10 but funds shall be deemed to be specifically au- 11 thorized for that activity only to the extent that 12 the Congress both authorized the funds to be ap- 13 propriated for that activity and appropriated the 14 funds for that activity; or 15 "(B) although the funds were not formally 16 requested, the Congress both specifically author- 17 ized the appropriation of the funds for the activity 18 and appropriated the funds for the activity; 19 "(5) the terms `defense articles' and `defense serv- 20 ices' mean the items on the United States Munitions 21 List pursuant to section 38 of the Arms Export Con- 22 trol Act (22 CFR part 121); 23 "(6) the term `transfer' means- 24 "(A) in the case of defense articles, the 25 transfer of possession of those articles, and Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 10 1 "(B) in the case of defense services, the pro- 2 vision of those services; and 3 "(7) the term `value' means- 4 "(A) in the case of defense articles, the 5 greater of- 6 "(i) the original acquisition cost to the 7 United States Government, plus the cost of 8 improvements or other modifications made by 9 or on behalf of the Government; or 10 "(ii) the replacement cost; and 11 "(B) in the case of defense services, the full 12 cost to the Government of providing the 13 services.". 14 (b) The table of contents at the end of the first section of 15 such Act is amended by inserting the following after the item 16 relating to section 501: "Sec. 502. Notice to Congress of certain expenditures and certain transfers of defense articles.". 17 COUNTERINTELLIGENCE VULNERABILITY REPORT 18 SEC. 402. (a) The Director of Central Intelligence shall 19 review and evaluate the vulnerability of confidential United 20 States Government activities abroad, and information con- 21 cerning such activities, to efforts by foreign powers to detect, 22 monitor or counter such activities, or to acquire such 23 information. Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 ? s 11 1 (b) Within one hundred and twenty days after the date 2 of enactment of this Act, the Director of Central Intelligence 3 shall submit to the Permanent Select Committee on Intelli- 4 genre of the House of Representatives and the Select Com- 5 mittee on Intelligence of the Senate a comprehensive report 6 on the matters described in subsection (a), including plans for 7 improvements which are within his authority to effectuate, 8 and recommendations for improvements which are not within 9 his authority to effectuate. 10 (c) The report described in subsection (b) of this section 11 shall be exempt from any requirement for publication or dis- 12 closure. 13 TITLE V-GENERAL PROVISIONS 14 RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES 15 SEC. 501. The authorization of appropriations by this 16 Act shall not be deemed to constitute authority for the con- 17 duct of any intelligence activity which is not otherwise au- 18 thorized by the Constitution or laws of the United States. 19 INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW 20 SEC. 502. Appropriations authorized by this Act for 21 salary, pay, retirement, and other benefits for Federal em- 22 ployees may be increased by such additional or supplemental 23 amounts as may be necessary for increases in such benefits 24 authorized by law. Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 12 1 LIMITATION ON BUDGET AUTHORITY 2 SEC. 503. Notwithstanding any other provision of this 3 Act, appropriations pursuant to authorizations in this Act for 4 any element of the United States Government for the con- 5 duct of intelligence and intelligence-related activities for 6 fiscal year 1986 may not be made in an amount that would 7 cause the total amount of budget authority for the depart- 8 ment or agency from which such element receives funds to 9 exceed- 10 (1) the total amount of budget authority author- 11 ized for such department or agency for fiscal year 12 1986; or 13 (2) if there is no Act authorizing appropriations 14 for such department or agency for fiscal year 1986, the 15 total amount appropriated for such department or 16 agency for fiscal year 1985. Passed the House of Representatives July 18, 1985. Attest: BENJAMIN J. GUTHRIE, Clerk. Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87M01007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87M01007R000400940004-7 STAT Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87M01007R000400940004-7 AMENDMENT TO'H.R. 2419, AS REPORTED OFFERED BY MR. HAMILTON OF INDIANA Page 5, line 11, strike out "$21,900,000" and insert- in lieu thereof "$21,000,000". Page 6, line 19, strike out "1985" and insert in lieu thereof "1986". Page 12, after line 15, add the following new section: LIMITATION ON BUDGET AUTHORITY Sec. 503. Notwithstanding any other provision of this Act, appropriations pursuant to authorizations in this Act for any element of the United States Government for the conduct of intelligence and intelligence-related activities for Fiscal Year 1986 may not be made in an amount that would cause the total amount of budget authority for the department or agency from which such element receives funds to exceed -- (1) the total amount of budget authority authorized for such department or agency for Fiscal Year 1986; or (2) if there is no Act authorizing appropriations for such department or agency, for Fiscal Year 1986, the total amount appropriated for such department or agency for Fiscal Year 1985. Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87M01007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 CONGRESSIONAL RECORD - HOUSE c$wal.requirements df the United States NiC ulatory Commission. ? ' ~' That the origihal teferral was cor-e House and that the Committee on Energy and Commerce could seek a sequential referral of the legis- lation. In order to girt t early consider- ation of the bi) bZ the Committee on Energy and Commerce, however, I have no objection to a joint referral of the measure at this time. My acquiescence is made in the interest of comity among the committees and with the express understanding that the referral in no way modifies the allocs- tion of jurisdiction between the committees or the rules by which subsequent legislation will be referred on the same subject matter as H.R. 2743, or measures amending its text should H.R- 2743 become law. Sincerely. MOSats K. UDALL, Chairman. INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1988 Mr. BEILENSON. Mr. Speaker, by direction of the Committee on Rules. I can up House Resolution 224 and ask for its immediate consideration. The Clerk read the resolution, as fol- lows: H. Ras. 224 Resolved That at any time after the adop- tion of this resolution the Speaker may, pursuant to clause 1(b) of rule SSIII, de- clare the House resolved into the Commit- tee of the Whole House on the State of the Union for the consideration of the bill (H.R. 2419) to authorize appropriations for fiscal year 1988 for intelligence and intelligence- telated activities of the United States Gov- ernment, the Intelligence Community Staff, and the Central Intelligence Agency Retire- ment and Dlsability.System, and for other pruposes, and the first reading of the bill shall be dispensed with. All points of order against the consideration of the bill for fail- ure to comply with provisions of section 402(a) of the Congressional Budget Act of 1974 (Public Law 93-344) are hereby waived. After general debate, which shall be con- fined to the bill and shall continue not to exceed one hour, to be equally divided and controlled by the chairman and ranking mi- nority member of the Permanent Select Committee on Intelligence, the bill shall be ^ 1110 The SPEAKER. The gentleman from California [Mr. BEILENSON] is recognized for 1 hour. Mr. BEILENSON. Mr. Speaker, for purposes of, debate only, I yield the customary 30 minutes to the gentle- man from Missouri (Mr. TAYLOR], pending which I yield myself such time as I may consume. Mr. Speaker, House Resolution 224 provides for the consideration of H.R. 2419, the Intelligence Authorization Act for fiscal year 1986. The resolution is a modified closed rule with 1 hour of general debate. Section 402(a) of the Congressional Budget Act is waived against consider-, ation of the bill. This section of the Budget Act prohibits consideration of authorizing legislation not reported by May 15 prior to the fiscal year to which it applies. This waiver is neces- sary because, as the result of a clerical error, the legislation contains an au- thorization for fiscal year 1985. Since the bill was not reported prior to May 15, 1984, it Is in violation of section 402(a) of the Budget Act. However, since it is the intention of Chairman HAMILTON of the committee to offer an amendment that cures this Budget Act violation during the amendment process, this waiver of section 402(a) is purely a technical waiver. The rule allows only the following amendments which are not. amend- able: The committee amendments printed in the bill, to be considered en bloc; and the amendments by Repre- sentative HAMILTON printed in the CONGRESSIONAL RECORD of July 16, 1985, to be considered en bloc and not subject to a division of the question in the House or in the Committee of the Whole. The Hamilton amendments are debatable for 20 minutes, equally divided and controlled by Mr. HAMIL- TON and a Member opposed to the amendments. Finally, the rule provides for one motion to recommit. Mr. Speaker, the rule recommended considered as having been read for amends? by the Rules Committee is somewhat meat under the five-minute rule. No amend- unusual for an authorization bill. The ment to the bill shall be in order except the following amendments, which shall not be subject to amendment: (1) the amendments recommended by the Permanent, Select Committee on Intelligence now printed in the bill, and said amendments shall be con- sidered en bloc; and (2) the amendments printed In the Congressional Record of July 16, 1986, by, and if offered by, Representa- tive Hamilton of Indiana, and said amend- ments shall be considered en bloc and shall not be subject to a demand for a division of the question in the House or in Committee of the Whole and said amendments shall be debatable for not to exceed twenty minutes, to be equally divided and controlled by Rep- resentative Hamilton and a Member op- posed thereto. At the conclusion of the con- sideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted, and the previous ques- tion shall be considered as ordered on the bill and amendments thereto to final pas- sage without intervening motion except one motion to recommit. Rules Committee has traditionally at- tempted to grant open rules to author- ization bills so Members can offer amendments and express their views on the legislation. In this instance, the Rules Committee was faced with unanimous bipartisan testimony from members of the Intelligence Commit- tee that a modified closed rule was necessary. First, the legislation is non- controversial. Second. the Intelligence Committee was advised by the leader- ship that a modified closed rule would lend itself .to expeditious floor consid- eration of the legislation. Third, and most importantly, the unique relation- ship between the H.R. 2419, the Intel- ligence Authorization Act and H.R. 1872. The Department of Defense Au- thorization Act is such that the amendments to be offered by Mr. HAMILTON are necessary to reconcile the authorization levels contained in July 18, 1985 the Intelligence bill, H.R. 2419, with the House-passed authorization levels contained in H.R. 1872. For these reasons, the Rules Com- mittee felt that a modified closed rule was appropriate for the consideration of H.R. 2419. The Rules Committee is not aware of any opposition to this proposed modified closed rule. Mr. Speaker, H.R. 2419 authorizes appropriations for fiscal year 1986 for the intelligence and intelligence-relat- ed activities of the U.S. Government, for the Intelligence Committee staff, and for the Central Intelligence Agency retirement and disability system. The legislation also amends certain administrative provisions relat- ing to the Central Intelligence Agency and Intelligence Community Staff. The legislation contains a provision that makes clear that the prohibition that applies to supporting Nicaraguan insurgents applies only to the provi- sion of funds, goods, equipment, civil- ian or military supplies, or any other material, but does not prohibit the provision of intelligence information or advice to the Contras. . In addition, H.R. 2419 requires noti- fication to the Intelligence and Appro- priations Committees both for intelli- gence activities in excess of authorized amounts or transfers by an intelli- gence agency of military equipment or services worth more than $1 million per item to a foreign government or group. House Resolution 224 is, we believe, a fair rule that provides for the expe- ditious consideration of H.R. 2419 and I urge its adoption. Mr. TAYLOR. Mr. Speaker, I yield myself such-time as I may consume. (Mr. TAYLOR asked and was given permission to revise and extend his re- marks.) Mr. TAYLOR. Mr. Speaker, House Resolution 224 is a modified rule under which the House will consider legislation that authorizes appropria- tions for our Nation's foreign intelli- gence programs. This rule represents the recommen- dation of the Committee on Rules as the best way for the House to deal with the issues contained in H.R. 2419, the Intelligence authorization bill for 1986, and the best way to facilitate House consideration of this important legislation in a timely manner. Mr. Speaker, the rule limits the number of amendments to H.R. 2419, and this limitation is provided at the unanimous, bipartisan request of the members of the Permanent Select Committee on Intelligence. Mr. Speaker, it was the feeling of the Committee on Rules that the re- quest of the Permanent Select Com- mittee on Intelligence for restrictions on amendments on H.R. 2419 ought to be allowed because of the time con- straints we face in completing House action on the bill prior to completing action on the Defense authorization conference report. Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 .WY 18, 1985 CONGRESSIONAL RECORD - HOUSE H 5901 q'!w rule does contain a waiver of H.R. 2577, the supplemental appro- formation to the reader. The figures seetioa 4A9(a) of the Budget Act, to prtatlons bill. and an the details of its recommenda- uit consideration of the bill. Due Mr. Speaker, there was no opposi- tions for the intelligence budget are to to a clerical error, the bHl was printed tion to the procedure outlined in this be found III the classified schedule of with a fiscal year 1983 wwarimtion rule during our hearing in the Com- authorizations and the classified date for the - Central Astelligenee mittee on Rules. The members of the annex which accompanies the commit- Agency retirement and draI=y fund. Permanent Select Committee on Intel- tee's report. Those materials are avail- e Intelligence QmuuUtse Intended ligence were unanimous in their re- able today, as they have been since for this authorization to be effective quest for this type of rule. June 3, in the offices of the Intelli- for fiscal year 1988 approwtatians. In the interest of timely action by gence Committee and I urge Members and will offer an amendment to cur- the House, I urge support for this rule. who have not done so to take the time not the authorization date. Mr. Speaker, I yield such time as he to read them. In this situation. the Budget Act may consume to the gentleman from These documents support something Waives is technical in nature and is Arizona [Mr. STunpl, the ranking mi- we all know-that intelligence is as es- provided in the rule in order to permit nority member of the Intelligence sential a government function as any the committee to correct the printing Committee. in the United States. A great power mistake. Mr. STUMP. Mr. Speaker. I thank like the United States cannot survive Mr. Speaker, the rule provides for I the gentleman for yielding time to me, without good intelligence. Intelligence hour of general debate, and for 30 and I rise in support of House Resolu- is receiving, and should receive. in- minutes of debate on the amendments tion 224. creasing priority for a whole range of specifically made in order. This rule was requested by the com- tasks and targets, among which-to The two amendments specified in mittee and supported by both the ma- name only a few-are: the threat of the rule are not subject to further iority and the minority, and I urge its terrorism; the counterintelligence re- amendment. The first amendment will adoption. spouse to hostile intelligence services be the committee amendments. which Mr. TAYLOR. Mr. Speaker, I have acting in this country and abroad are printed in the bill, and which will no further requests for time, and I age American interests; the securi- be considered en bloc. Under the rules yield back the balance of my time. ty of our embassies and other facilities of the House, debate on the committee Mr. BEILENSON. Mr. Speaker; I overseas, both physical and electronic amendments is limited to 10 minutes. have no further requests for time on and such traditional intelligence con- The second amendment made in this side either, and I move the previ- cerns as support to arms control nego- order by the rule is one to be offered ous question on the resolution. tiations. The committee members be- by the distinguished chairman of the The previous question was ordered. lieve that U.S, intelligence agencies Intelligence Committee, the gentle- The resolution was agreed to. perform a vital service for the national- man from Indiana [Mr. Hamrr.TOx]. A motion to reconsider was laid on security. The Hamilton amendments are print- the table. Members of the Intelligence Com- ed in the Coxoasssioxas RacoRCw of July The SPEAKER. Pursuant to House mittee also believe that even Inteiri- 16, and will be debatable for 20 min- Resolution 224 and rule BBIII, the gem, as important as it is. must be utes. These amendments will also be Chair declares the House in the Com- subjected to the aame rigorous budget considered en bloc, and will not be sub- mittee of the Whole House on the scrutiny applied to other elements of ject to division in the House or in com- State of the Union for the consider- Government. mittee. - ation of the bill, H.R. 2419. Acting in the present austere budget Finally, the rule provides for one motion to recommit. 0 1120 climate, your committee has reoom- entage ge cut in the tntelli- Mr. Speaker, H.R. 2419 provides au- IN rxs couxrrras or THE WHOLE mended o- thorization for our national foreign In- Accordirilly the House resolved Bence genre budget bdudget percen by comparable cu thCommittee to that e Lec- telligence programs and tactical intel- itself into the Committee of the ommended Services. This is the largest cut ligence programs of the Department' Whole House on the State of the Armed rvicescut ever of Defense. The programs and dollar Union for the consideration of the brill the t vece was Committee has taken with amounts of the authorizations are de- (H.R. 2419) to authorize appropria- made Id Se budget. oncern It for washe national scribed in a classified annex to the tions for fiscal year 1986 for intelli- appropriate priate the n. the with that States and were with committee report, which is available to Bence and intelligence-related activi- clear security of of the United for all Members. ties of the U.S. Government, the Intel- About 98 percent of the funds au- ligence Community Staff, . and the essary. he committee reported out thorized in H.R. 2419 are contained in Central Intelligence Agency Retire- H Since the The co House has passed out the Defense authorization bill. H.R. ment and Disability System, and for Defense authorization bill as amended 1872, which passed the House on June other purposes, with Ms. KAPxvn in D Aspire amendment. The Aspire 27. The conference committee on that the chair. by the n . The Aspin bill expects to finish its work this The Clerk read the title of the bill. amendment As tuns at the freezes me fiscal year Def1985 ense exile di- ac 0 1120 tion level. The Intelligence Committee comweek,nnandodate this the rule Permanent designed ned to Select t Committee on Intelligence prior to The CHAIRMAN. Pursuant to the recognizes that this sets a strong final action on the conference report. rule, the first reading of the bill is dig- precedent for the intelligence budget Mr. Speaker, the committee amend- pensed with. and, accordingly, at the direction of ments made in order by this rule Under the rule, the gentleman from the committee, I will offer an amend- narrow the focus of our current legal Indiana [Mr. HAr, n.Tox] will be recog- ment today to limit the intelligence prohibition on assistance to the demo- nized for 30 minutes and the gentle- authorization bill to a level consistent cratic resistance forces in Nicaragua man from Arizona [Mr. Srur i] will be with those Defense levels set by the The committee amendment contin- recognized for 30 minutes. Aspin amendment. ues the prohibition on expenditure of The Chair recognizes the gentleman Ninety-eight percent of the intelli- funds for materiel assistance to the from Indiana [Mr. HAwn.Tox]. gence programs in this bill are con- Nicaraguan democratic resistance, in- Mr. HAMILTON. Madam Chairman, tained in the Defense budget. Authori- eluding arms, ammunition, or other I yield myself such time as I may con- zation levels for most intelligence pro- equipment or material. The committee sume. grams are contained within the vari- amendment does allow - U.S. intelli- Madam Chairman, I rise in support ous appropriation category totals in gence agencies to share intelligence in- of H.R. 2419, the Intelligence Authori- the Defense authorization bill. Adjust- formation or advice, and is, therefore, zation Act for Fiscal Year 1988. ments which we have made to intelli- generally consistent with the action As Members know well, this bill- gence programs have been coordinated this House took on June 12 as part of like its predecessors-offers little in- with the Armed Services Committee Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 H $80 9 CONGRESSIONAL RECORD - HOUSE and are accurately' reflected in the totals contained by the Defense bill. The amendment that I will offer at the direction of the committee recog- nizes that the intelljgence budget is es- sentially a subset of the Defense budget. Moreover, It recognizes that it is the total Defense budget that we want to freeze, not-its individual com- ponents. My amendment limits intelli- gence authorizations so that they cannot cause the Defense freeze to be breached. This is not to say that no in- telligence programs have increased. They have, even after our substantial cuts. We all recognize that many com- ponents of the Defense budget have increased despite the freeze Some components increase, some decrease. The essential feature of an overall freeze is that the total amounts-not be exceeded. Consider SDI, for example. Despite cuts to the program by both House and Senate, the programs will have at least $2.5 billion in funding next year, an increase of almost 80 percent over last year. Nevertheless, the Defense freeze is not breached. The same is. true for intelligence pro- grams. What does this amendment do? First, it states legislatively the princi- ple that we can't do anything in this bill to breach the Defense freeze. This could have a significant practical effect if the correspondence between the Defense and intelligence bills is lost as the legislative process contin- ues. The amendment prevents any excess of authorization for intelli- gence. Second, some reductions in the Defense bill are unallocated. Some of these reductions will ultimately be al- located to intelligence programs. The amendment causes the relevant ac- counts in this bill to be reduced ac- cordingly. These are the committee's objectives and we believe they are consistent with the will of the House. Madam Chairman, there are other important features of the bill worth mentioning. With respect to Nicara- gua, the committee has amended the familiar Boland amendment language to permit the provision of CIA intelli- gence and advice to the Contras. It continues the prohibition on other in- telligence agency support to the Con- tras but is consistent with the Michel amendment to the supplemental ap- propriations bill adopted by the House. In another provision, the committee has made permanent a requirement that has long appeared in intelligence authorization bills. This provision re- quires the Intelligence and Appropria- tions Committees be told of the intent to exceed the authorized amount for any intelligence or intelligence-related program. Another provision requires that the intelligence committees receive prior notice of clandestine transfer of an item of military equipment or services where the item or service equals or ex- ceeds $1 million in value. This is an area of high congressional interest and sensitivity for U.S. foreign policy. Such transfers deserve to be subject to the special notice requirements that apply to other significant anticipated intelligence activities. Finally, Madam Chairman, the bill contains a provision which requires a report from the Director of Central Intelligence on the security of U.S. in- stallations overseas in the face of ef- forts by foreign governments, elec- tronic or otherwise, to exploit U.S. confidential communications or other activities. This is a high priority of the committee and one that I believe is shared by the intelligence community. In closing, I pay tribute to Lou STOKES and Boa STUMP and the other members of the committee for their work and devotion to the review of the intelligence budget. They, and the ex- cellent staff of the subcommittee, have worked hard. They have pro- duced a result which meets the com- mittee's tradition of full bipartisan support and they have done so in the difficult circumstances oZ budget aus- terity and increasing intelligence pri- orities. I believe they deserve the thanks of the House for a job very well done. Madam Chairman. at this point, I yield to the gentleman from Ohio, the distinguishgd chairman of the Sub- committee on Program and Budget Authorization, Mr. STOKES. Mr. STOKES. Madam Chairman. I thank the gentleman for yielding. Madam Chairman, I want to take a moment to express my appreciation to all of the members of my subcommit- tee for their tireless and conscientious committee work in producing this bill. In particular I want to commend the gentleman from Indiana [Mr. HAMIL- TON], the chairman of the full commit- tee for his hard work both as full com- mittee chairman and as a member of this subcommittee. I also want to express my apprecia- tion to the gentleman from Arizona [Mr. STUMP], the ranking minority member. I appreciate his cooperation and I have enjoyed working with him. I also appreciate and want to make special mention of the other subcom- mittee members who never missed a meeting in over 50 hours of hearings on this bill; Mr. KAsTaxMalaa, Mr. DANIai., Mr. Roa, Mr. CHz cxv, and Mr. LIVINGSTON. a Other members of the full intelli- gence committee who were not mem- bers of our subcommittee but who often attended our meetings and made a contribution were Mr. BaILzxsox, Mr. BROWN, Mr. McEwzw, Mr. McHUGH, and Mr. Dwmaa. I also want to thank our committee staff; Marty Faga. Duane Andrews, Bob Fitch, Bob Surret, and Carol Thompson for their highly profession- al work. Madam Chairman, H.R. 2419, the In- telligence Authorization Act for fiscal year 1986, is the eighth such bill in as many years reported out by the Per- July 18, 1985 manent Select Committee on Intelli- gence. I am proud to say, like its pred- ecessors, it's budget provisions were approved unanimously in committee, and was supported by the Committee on Armed Services. This bill authorizes all the funds for the next fiscal year for the intelli- gence and intelligence-related activi- ties of the U.S. Government. The category of "intelligence activi- ties" includes all the activities of the Central Intelligence Agency; the De- fense Intelligence Agency; the Nation- al Security Agency; other intelligence components of the Department of De- fense, and the Departments of the Army, Navy, and Air Force; the Bureau of Intelligence and Research of the Department of State; the intel- ligence divisions of the Federal Bureau of Investigation, intelligence elements of the Departments of Treasury and Energy, and the Drug Enforcement Administration; and the intelligence community staff of the Director of Central Intelligence. These activities provide intelligence for the use of the President, the Cabinet, the National Security Council and the Joint Chiefs of Staff. Further, this bill authorizes intelli- gence-related activities of the Depart- ment of Defense, which are programs that are integral to the defense force structure, but which are aimilar to na- tional intelligence programs and are often tasked for national intelligence purposes, particularly in peacetime. The similarity of programs and func- tions between the national intelligence programs and the intelligence-related activities of the Defense Department is the reason that both are considered by the Permanent Select Committee on Intelligence and authorized in this bill. We have worked to insure that the program areas are complementary and mutually supportive but not dupli- cative. The referral of this bill to the Committee on Armed Services has as- sured that the judgments we have made from an intelligence viewpoint are equally sound from a military per- spective. We have worked closely with that committee on a continuous basis and achieved a position agreeable to both committees. Madam Chairman, most intelligence activities are classified and necessarily so. In some cases, even the very exist- ence of the program or activity is held secret. This sensitivity limits the de- scription we can offer here on the floor. The schedule of authorizations to accompany the bill and the classi- fied annex to the report have been available to Members since June 3. The subject material is complex, but we have worked to make these classi- fied reports as readable as possible. The committee continues to recom- mend that the budget for intelligence not be disclosed. The disclosure of a single budget number might not itself be harmful, but some explanation of the content and meaning of the Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 duly 18, 1985 CONGRESSIONAL RECORD - HOUSE H 5903 number would be essential. But such an explanation would be, excessively revealing. Moreover, the committee recognizes that intelligence is inher- ently secret, and any disclosure is the beginning of an erosive process. In some cases, the mere awareness of an intelligence activity can easily reduce or-eliminate its effectiveness, may en- danger lives, and may lead to the col- lection of false information contrived by our adversaries to confuse or mis- lead us. Madam Chairman, I would like to summarize briefly the organization of this bill. Title I provides for the bulk of our intelligence and intelligence-related activities. As I said earlier, funds and program details are in the classified schedule of authorizations and the annex to the report. One exception is the authorization for the Domestic Counterterrorism Program of the FBI, which is unclassified. The bill provides $15.2 million for this function. Title II provides necessary authori- ties for the intelligence community staff, whose function is to assist the Director of Central Intelligence with his responsibilities for overall coordi- nation of intelligence and preparation of the budget. The staff is made up of representatives of all elements of the intelligence community. Administra- tively, it is treated as though it were part of the CIA. The bill provides $21.9 million for this purpose. An amendment will be offered reducing this amount to $21 million. Title III provides authorization of $101.4 million for the Central Intelli- gence Agency Retirement and Disabil- ity System. This is a program estab- lished by Congress in 1964 to provide for those CIA personnel who perform hazardous duties or are in special situ- ations, usually abroad, which may limit the length of their careers. The bill incorrectly states that the amount authorized is for fiscal year 1985. A technical amendment will correct this to read fiscal year 1986. As Chairman HAMILTON has stated, title IV provides in section 401 that the Congress must be notified before intelligence funds are obligated or ex- pended for a purpose other than that originally authorized. Section 401 also requires notification if defense activi- ties or services exceeding $1 million in value are to be transferred in conjunc- tion with an intelligence activity. Sec- tion 402 requires a report from the Di- rector of Central Intelligence of the vulnerability of our confidential activi- ties abroad. Title V provides that this bill does not authorize intelligence activities not otherwise authorized by the laws and Constitution of the United States. It also provides authorization for ap- propriations to pay for increased pay or benefits to Federal employees if they are enacted in other legislation. Madam Chairman, as in the last fiscal year, this bill authorizes less than the administration requested. Some specific proposals have been rec- intelligence agencies from providing ommended for deferral, others for ter- material assistance to the resistance. mination, while a few have been in- The committe position on section creased. I believe that the authoriza- 105 is generally consistent with the tion provided is adequate to meet the will of the House expressed in the country's needs. adoption of the Michel-McDade- Madam Chairman let me close by McCurdy language on the supplemen- stating that, as in year's past, the com- tal appropriations bill, which provides mittee has made, and continues to for humanitarian aid to the resistance make, the classified annex to it's administered by an agency other than report available to all Members of the CIA or DOD, and allows the exchange House during business hours in the of information with the resistance. committee's rooms. I would invite Members who have not yet had an op- portunity to do so to read this annex. ^ 1130 Mr. STUMP. Madam Chairman, I yield myself such time as I may con- sume. (Mr. STUMP asked and was given permission to revise and extend his re- marks.) Mr. STUMP. Madam Chairman, I rise in support of H.R. 2419, the Intel- ligence Authorization Act, with the committee amendments printed in the bill and the committee freeze-type amendment printed in the CoNaaas- sIONAL Racoiw of Tuesday, July 16 The funding authorizations con- tained in this bill for intelligence and intelligence-related activities ensure that U.S. policymakers will continue to have the capability to collect needed intelligence on foreign powers, to detect and counter hostile activities by foreign powers, and to influence world events. Because the effectiveness of intelli- gence programs depends in part upon their secrecy, the details of intelli- gence programs and the associated funding levels must remain concealed. Consequently, I will not discuss the details of the committee's recommen dations. Those details are in the classi- fied schedule of authorizations and classified annex to the committee's report, which have been available for review by all Members of the House since June 3, 1985. I believe that H.R. 2419 represents a balanced and effective allocation of scarce -resources to U.S. intelligence programs. The authorization levels for intelli- gence activities established by this bill generally represent bipartisan agree- ment on programs and budgets for in- telligence matters of critical impor- tance to national security. Section 105 of this bill, relating to aid to the Nicaraguan Democratic Re- sistance, is not exactly what I would have preferred. As the minority views in the Intelli- I urge the House to support the com- mittee's authorization decisions by ap- proving H.R. 2419. Madam Chairman, I yield 3 minutes to the gentleman from Wyoming [Mr. CHENLY]. Mr. CHENEY. I thank the gentle- man for yielding. Madam Chairman, i rise in support of H.R. 2419. This has been my 1st year to serve on the Intelligence Com- mittee, and I must say I found it a fas- cinating experience in part because of the spirit of bipartisanship that was mentioned previously by the chair- man. It has been a privilege to serve with the gentleman from Arizona (Mr. STUMP), the ranking Republican, and the gentleman from Indiana (Mr. HAMILTON], the chairman of the full committee, and the gentleman from Ohio [Mr. SToKzsl, who chaired the Budget Subcommittee. I think it is extremely important for the House and for the committee to seek bipartisan efforts and conclusions with respect to the intelligence pro- gram and I was indeed pleased that we were able to achieve that this year. As the gentleman from Arizona [Mr. ST MPl mentioned, many of us believe that the provisions with respect to Nicaragua are inadequate; we would have preferred to support military as- sistance to the Democratic resistence in Nicaragua; but we did in fact reach a compromise; we did agree to modify section 105 of the bill so that it does continue the prohibition of the Boland amendment against military assist- ance, but it does in fact make it clear that the prohibition does not prevent information sharing or advice with the Nicaraguan Democratic Resistance. Section 105 is intended to bar the Central Intelligence Agency, the De- partment of Defense or any other U.S. Government agency or entity involved in intelligence activities from provid- ing directly or indirectly arms, ammu- nition, or other equipment or material to support the military or paramilitary activities of the Nicaraguan insurgent gency Committee report on the bill forces. state, the minority believes that the It is not intended to prohibit the Congress should support military aid provision of intelligence information to the resistance. and advice to these groups, nor does it A majority of the committee did not preclude the United States from fur- agree with that position, but it did nishing political, administrative, or agree that the U.S. Government other forms of nonmilitary support for should be able to exchange intelli- activities of the Nicaraguan Democrat- gence and advice with the resistance. is Resistance. Thus, section 105 of the bill with the In other words, it is consistent with committee amendments only prohibits the provision of humanitarian assist- Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 July 18, 1985 f CONGRESSIONAL RECORD - HOUSE Mr. STUMP. Madam Chairman, I yield myself such time as I may con- sume. Madam Chairman, I would like to take this opportunity to commend the gentleman from Indiana, the chair- man of the committee, the gentleman from Ohio (Mr. STOKESI, the chairman of the Budget Subcommittee for their leadership and fairness in developing this bill. I would especially like to com- mend the new Members on both sides of the aisle for demonstrating their willingness to spend many hours behind closed doors to bring about this bill. And lastly, but not least, the staff, who, as usual, has done a tremendous job, and I commend them for that. Mr. HAMILTON. Madam Chairman, I concur in all of the statements the gentleman has made, and I thank him for his expression of appreciation. ? Mr. PRICE. Madam Chairman, this is the 7th year that the Permanent Select Committee on Intelligence and the Armed Services Committee worked together to report the authorization bill for intelligence and intelligence-re- lated activities of the intelligence com- munity. As the Members will recall, the Armed Services Committee shares re- sponsibility for authorizing certain elements in the intelligence authoriza- tion bill with regard principally to in- telligence-related activities for the De- partment of Defense, and I am most pleased to report on the continued ex- cellent working relationship with, and cooperation of, the select committee members and staff in arriving at com- plete agreement on all items of joint responsibility. As part 2 of the report states, the re- sults of our recommendations are clas- sified and are included in the classified annex to the report H.R. 2419 pre- pared by the select committee. I urge the Members to support the intelligence related activity authoriza- tions reported in this bill.* Mr. HAMILTON. Madam Chairman, I have no further requests for time, and I yield back the balance of my time. Mr. STUMP. Madam Chairman, I have no further requests for time, and I yield back the balance of my time. The CHAIRMAN. All time has ex- pired. Pursuant to the rule, the bill is con- sidered as having been read for amendment under the 5-minute rule. No amendments are in order except the following amendments, which are not subject to amendment: (1) The amendments recommended by the Permanent Select Committee on Intelli- gence now printed in the bill, which shall be considered en bloc; and (2) the amendments printed in the Congressional Record of July 16, 1985, by, and if offered by, Representa- tive Hamilton. which shall be considered en bloc and shall be debatable for not to exceed twenty minutes. to be equally divid- ed and controlled by Representative Hamil- ton and a Member opposed thereto. The text of H.R. 2419 is as follows: H.R. 2419 Be it enacted by the Senate and House at Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence Au- thorization Act for Fiscal Year 1986". TITLE I-INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS Sac. 101. Funds are hereby authorized to be appropriated for fiscal year 1988 for the conduct of the intelligence and intelligence- related activities of the following elements (or offices, agencies or subelements thereof) 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 De- partment of the Navy, and the Department of the Air Force. (6) The Department of State. (7 ). The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The Drug Enforcement Administra- tion. CLASSIFIED SCHEDULE OF AUTHORIZATIONS SEC. 102. The amounts authorized to be appropriated under section 101, and the au- thorized personnel ceilings as of September 30, 1986, for the conduct of the intelligence and intelligence-related activities-of the ele- ments (or offices. agencies or subelements thereof) listed in such section, are those specified in the classified Schedule of Au- thorizations prepared by the Permanent Select Committee on Intelligence to accom- pany H.R. 2419 of the Ninety-ninth Con- gress. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable dis- tributiori of the Schedule. or of appropriate portions of the Schedule, within the execu- tive branch. AUTHORIZATION OF APPROPRIATIONS FOR COUN- TERTERRORISM ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION Sac. 103. In addition- to the amounts all- thorized to be appropriated under section 101(9), there is authorized to be appropri- ated for fiscal year 1986 the sum of $15,200,000 for the conduct to the activities of the Federal Bureau of Investigation to counter terrorism in the United States. PERSONNEL CEILING ADJUSTMENTS Sze. 104. The Director of Central Intelli- gence may authorize employment of civilian personnel in excess of the numbers author- ized for the fiscal year 1986 under sections 102 and 202 of this Act when he determines that such action is necessary to the per- formance of important intelligence func- tions, except that such number may not, for any element (or offices, agencies or subele- ments thereof) of the Intelligence Commu- nity, exceed 2 per centum of the number of civilian personnel authorized under such sections for such element. The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelli- gence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever he exercises the authority granted by this section. PROHIBITION ON COVERT ASSISTANCE FOR MILITARY OPERATIONS IN NICARAGUA Sac. 105. During fiscal year 1986, no funds available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be ob- ligated or expended for the purpose or H 5905 which would have the effect of supporting, directly or indirectly, military pr paramili- tary operations in Nicaragua by any nation, group, organization, movement, or individ- ual. TITLE II-INTELLIGENCE COMMUNITY STAFF AUTHORIZATION OF APPROPRIATIONS SEC. 201. There is authorized to be appro- priated for the Intelligence Community Staff for fiscal year 1986 the sum of $21,900,000. AUTHORIZATION OF PERSONNEL END-STRENGTH SEC. 202. (a) The Intelligence Community Staff is authorized two hundred and thirty- three full-time personnel as of September 30, 1986. Such personnel of the Intelligence Community Staff may be permanent em- ployees of the Intelligence Community Staff or personnel detailed from other ele- ments of the United States Government. (b) During fiscal year 1986; personnel of the Intelligence Community Staff shall be selected so as to provide appropriate repre- sentation from elements of the United States Government engaged in intelligence and intelligence-related activities. (c) During fiscal year 1986, 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 nonreimbursa- ble basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intel- ligence. INTELLIGENCE COMMUNITY STAFF ADMINIS- TERED IN SAME MANNER AS CENTRAL INTELLI- GENCE AGENCY SEC. 203. During fiscal year 1986,activities and personnel of the Intelligence Communi- ty 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 person- nel of the Central Intelligence Agency. TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABIL- ITY SYSTEM AUTHORIZATION OF APPROPRIATIONS SEC. 301. There is authorized to be appro- priated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1985 then sum of $101,400,000. TITLE IV-PROVISIONS RELATING TO INTELLIGENCE AGENCIES SEC. 401. (a) Title V of the National Secu- rity Act of 1947 (50 U.S.C. 413), relating to accountability for intelligence activities, is amended by adding at the end thereof the following: "NOTICE TO CONGRESS OF CERTAIN EXPENDI- TURES AND CERTAIN TRANSFERS OF DEFENSE ARTICLES "Sac. 502. (a)(1) Funds available to an in- telligence agency may be obligated or ex- pended for an intelligence or intelligence-re- lated activity only if- "(A) those funds were specifically author- ized by the Congress for use for such activi- ty; or "(B) in the case of funds from the Reserve for Contingencies of the Central Intelli- gence Agency and consistent with the provi- sions of section 501 of this Act concerning any significant anticipated intelligence ac- tivity, the Director of Central Intelligence has, subject to the provisions of section 501, notified the appropriate congressional com- Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 8 October 1985 NOTE FOR: D/ICS Chief, Legislative Liaison SUBJECT: Senate Passage of FY 1986 Authorization Act for the NFIP As reported previously, the SSCI passed its version of the FY 1986 Intelligence Authorization Act, and the attached excerpt from the Congressional Record contains the comments made on during consideration of that legislation. You might note the comments made by Chairman Durenberger on the Committee's efforts in the area of an "Intelligence Strategy" (S12254 & S12255). Also note that the Senate passed the Bentsen Amendment to provide additional resources for the FBI counter- terrorism effort (discussion on page S12257). cc: DD/ICS EXO/ICS D/PBS C/CCIS Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 9IMF*, CONGRESSIONAL. RECORD - SENATE September 26, 1985 doeuntem specified in section I of this reso- lution for the use of the Committee on Rules and Administration. Mr. DOLE. I move to reconsider the vote by which the measure wr a reed to. Mr. BYRD. I move to Uty that motion on the table. The motion to lay on the table was agreed to. PURCHASE OF CALENDARS The resolution (S. Res. 232) relating to the purchase of calendars, was con- sidered, and agreed to, as follows: S. Res. 232 Resolved That the Committee on Rules and Administration is authorized to expend from the contingent fund of the Senate, upon vouchers approved by the chairman of that committee. not to exceed $67.980 for the purcbase of one hundred and three thousand calendars. The calendars shall be distributed as prescribed by the committee. Mr. DOLE. I move to reconsider the vote by which the measure was agreed W. Mr. BYRD. I move to lay that motion on the table. The motion to lay on the table was agreed to. AUTHORIZING THE PRINTING OF A REPORT The resolution (S. Res. 181) author- izing the printing of the report enti- tled "Highway Bridge Replacement and Rehabilitation Program. Sixth Annual Report to Congress," as a Senate document, was considered, and agreed to, as follows: S.Ro-191 Resolved. That the annual report of the Secretary of Transportation to the Congress of the United States in compliance with sec- tion 144(1) of title 23. United States Code entitled. "Highway Bridge Replacement and Rehabilitation Program. Sixth Annual Report to Congress" be printed as a Senate document. Sec. 2. There shall be printed three hun- dred additional copies for the use of the Committee on Environment and Public Works. Mr. DOLE. I move to reconsider the vote by which the measure was agreed to. Mr. BYRD. I move to lay that motion on the table. The motion to lay on the table was agreed to. TRANSFER OF CERTAIN AU- THORITY TO THE STATES OF MAINE AND NEW HAMPSHIRE The bill (S. 1701) to authorize a par- tial transfer of the authority of the Maine-New Hampshire Interstate Bridge Authority to the States of Maine and New Hampshire, was considered. ordered to be engrossed for a third reading, read the third time, and passed: as follows: S. 1701 Be it enacted by the Senate and House of Representatives of the United Sims o(Amer- ica in Congress assembled, That the Act ap- proved July 28. 1937 (50 Stat. 535), is amended by striking out in the first para- graph thereof. "and' approaches thereto" and by inserting at the end thereof 'The States of Maine and New Hampshire are au-- thorized to assume all construction. mainte- nance, and operational authority over the approach roads and grade separation struc- tures in their respective areas. As provided in Maine Private and Special Law. Chapter 38. 1985. and New Hampshire Statutes. Chapter 415, 1985, the respective States shall require the Authority to provide Au- thority funds for capital improvements.". Mr. DOLE. I move to reconsider the vote by which the measure was agreed to. Mr. BYRD. I move to lay that motion on the table. The motion to lay on the table was agreed to. STAR PRINT OF REPORT NO. 99-105 Mr. DOLE. Mr. President, I ask unanimous consent that Senate Report No. 99-105 be star printed to reflect the following changes which I send to the desk. The PRESIDING OFFICER- With- out objection, it is so ordered. STAR PRINT OF REPORT NO. 99-135 Mr. DOLE. Mr. President, I ask unanimous consent that Senate Report No. 99-135 be star printed to reflect the following changes which I send to the desk. The PRESIDING OFFICER. With- out objection, it is so ordered. TITLE AMENDMENT TO H.R. 2005 Mr. DOLE. Mr. President, I ask unanimous consent that the title of H.R. 2005 be amended so as to read: A bill to extend and amend the Compre- hensive Environmental Response. Compen- sation. and Liability Act of 1980. and for other purposes. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. ORDER OF PROCEDURE Mr. DOLE. Mr. President, I ask unanimous consent that the Senate go into executive session to consider the following nominations on the Execu- tive Calendar. Mr. BYRD. Mr. President. I am not prepared to do that yet. Mr. DOLE. Mr. President, as I un- derstand it, the managers handling the intelligence authorization bill will not require a rollcall vote. Is that cor- rect? Mr. LEAHY. My understanding on this side, Mr. President, is that there will not be a request for a rollcall. There will be a short colloquy that the chairman of the committee and I shall have regarding Contra aid. That will obviate the necessity of an amend- ment and a rollcall. I know of no roll- calls that are going to be requested on this side of the aisle. Mr. DURENBERGER. Mr. Presi- dent, as far as the Chair is concerned. there is no reason for a rollcall vote. There will be two minor amendments, one on behalf of Senator BENTSEN. the other on behalf of Senator SIMPSON. neither of which requires a rollcall vote. No rollcall will be necessary on passage. Mr. DOLE. Mr. President, on that basis, and I think the distinguished minority leader might agree, with that assurance on both sides that no roll- call vote will be requested, I think we can indicate to Members that there will be no rollcall votes tonight. We will not be in session tomorrow. We will come in at approximately 11 a.m. on Monday, and there will be no votes on Monday until 4 p.m. Mr. BYRD. Mr. President, I think that would be desirable. Mr. DOLE. I thank the managers of the bill. I yield the floor. Mr. President. there will be no more rollcall votes this evening and we will not be in session tomorrow. INTELLIGENCE AUTHORIZATION. 1986 Mr. DURENBERGER. Mr. Presi- dent. I ask unanimous consent that the Senate now turn to Calendar No. 287, S. 1271, the Intelligence Authori- zation Act. The PRESIDING OFFICER (Mr. WARNER). Without objection, it is so ordered. The clerk will state the bill by title. The assistant legislative clerk read as follows: A bill (S. 1271) to authorize appropria- tions for intelligence activities of the United States Government, the Intelligence Com- munity Staff, the Central Intelligence Agency Retirement and Disability System, and for other purposes. There being no objection, the Senate proceeded to consider the bill, which had been reported from the Commit- tee on Armed Services and on behalf of the Committee on Governmental Affairs, with amendments, as follows: (The parts of the bill intended to be stricken are shown in boldface brack- ets, and the parts of the bill intended to be inserted are shown in italics.) S. 1271 Be it enacted by the Senate and House ref Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Intelligence Au- thorization Act for fiscal year 1986". TITLE I-INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1986 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. i Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 September 26, 1985 CONGRESSIONAL RECORD - SENATE S 12253 (5) The Department of the Army, the De- partment of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. CLASSIFIED SCHEDULE OF AUTHORIZATIONS SEC. 102. The amounts authorized to be appropriated under section 101, and the au- thorized personnel ceilings as of September 30, 1986, for the conduct of the intelligence activities of the elements listed in such sec- tion, are those specified in the classified Schedule of Authorizations prepared by the Select Committee on Intelligence of the Senate. That Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and the House of Representatives, and to the Presi- dent. The President shall provide for suita- ble distribution of the schedule, or of appro- priate portions of the schedule, within the executive branch. CONGRESSIONAL NOTIFICATION OF EXPENDI- TURES IN EXCESS OF PROGRAM AUTHORIZA- TIONS SEC. 103. During fiscal year 1986, funds may not be made available for any intelli- gence activity unless such funds have been specifically authorized for such activity or. in the case of funds appropriated for a dif- ferent activity, unless the Director of Cen- tral Intelligence or the Secretary of Defense has notified the appropriate committees of Congress of the intent to make such funds available for such activity, except that in no case may reprogramming or transfer au- thority be used by the Director of Central Intelligence or the Secretary of Defense unless for higher priority intelligence aciti- cities. based on unforeseen requirements, than those for which funds were originally authorized, and in no case where the intelli- gence activity for which funds were request- ed has been denied by Congress. PERSONNEL CEILING ADJUSTMENTS SEC. 104. The Director of Central Intelli- gence may authorize employment of civilian personnel in excess of the numbers author- ized for fiscal year 1988 under sections 102 and 202 of this Act when he determines that such action is necessary to the performance of important intelligence functions, except t hat such number may not, for any element of the Intelligence Community, exceed 2 per centum of the number of civilian personnel authorized under such sections for such ele- ment. 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 sec- t ion. AUTHORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION OF A RESEARCH AND ENGINEERING FACILITY AT THE NATIONAL SECURITY AGENCY HEADQUARTERS COMPOUND SEC. 105. The National Security Agency is authorized to secure the design and constuc- lion of a research and engineering facility at its headquarters compound at Ft. Meade, Maryland. A single continuous contract may be employed to facilitate completion of the building authorized by this section, and the Secretary of Defense is authorized to con- tract for design and construction in advance of appropriations therefor, but the cost of such facility may not exceed $75,064,000. Of the amounts authorized to be appropriated tinder section 101(4) of this Act, there is au- thorized to be appropriated for fiscal year 1986 the sum of $21,364,000 for design and construction of the facility authorized by this section during fiscal year 1986. TITLE II-INTELLIGENCE COMMUNITY STAFF AUTHORIZATION OF APPROPRIATIONS SEC. 201. There is authorized to be appro- priated for the Intelligence Community Staff for fiscal year 1986 the sum of $22.283,000. AUTHORIZATION OF PERSONNEL END STRENGTH SEC. 202. (a) The Intelligence Community Staff is authorized two-hundred-and-thirty- three full-time personnel as of September 30. 1986. Such personnel of the Intelligence Community Staff may be permanent em- ployees of the Intelligence Community Staff or personnel detailed from other ele- ments of the United States Government. (b) During fiscal year 1986, personnel of the Intelligence Community Staff shall be selected so as to provide appropriate repre- sentation from elements of the United States Government engaged in intelligence activities. (c) During fiscal year 1986, 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 nonreimbursa- ble basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intel- ligence. INTELLIGENCE COMMUNITY STAFF ADMINIS- TERED IN SAME MANNER AS CENTRAL INTELLI- GENCE AGENCY SEc. 203. During fiscal year 1986, activities and personnel of the Intelligence Communi- ty 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 oL1949 (50 U.S.C. 430a et seq.) in the same nner as activities and person- nel of the Central Intelligence Agency. TITLE 111-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABIL- ITY SYSTEM AUTHORIZATION OF APPROPRIATIONS SEC. 301. There is authorized to be appro- priated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1986 the sum of $101,400,000. TITLE IV-GENERAL PROVISIONS AUTHORITY FOR THE CONDUCT OF INTELLIGENCE ACTIVITIES SEC. 401. The authorization of appropria- tions by this Act shall not be deemed to con- stitute authority for the conduct of any in- telligence activity which is not otherwise au- thorized by the Constitution or laws of the United States. INCREASES IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW SEc. 402. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supple- mental amounts as may be necessary for any increases in such employee compensa- tion or benefits authorized by law. TITLE V-FACILITATING NATURALIZA- TION OF CERTAIN FOREIGN INTEL- LIGENCE SOURCES IMMIGRATION AND NATIONALITY ACT AMENDMENT SEC. 501. Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at the end thereof the following new subsection: -(g)(1) Whenever the Director of Central Intelligence, the Attorney General and the Commissioner of Immigration determine that a petitioner otherwise eligible for natu- ralization has made an extraordinary contri- bution to the national security of the United States or to the conduct of United States intelligence activities, the petitioner may be naturalized without regard to the residence and, physical presence require- ments of this section, or to the prohibitions of section 313 of this Act, and no residence within the jurisdiction of the court shall be required. "(2) A petition for naturalization may be filed pursuant to this subsection in any dis- trict court of the United States, without regard to the residence of the petitioner. Proceedings under this subsection shall be conducted in a manner consistent with the protection of intelligence sources, methods and activities. "(3) The number of aliens naturalized pur- suant to this subsection in any fiscal year shall not exceed fifteen. The Director of Central Intelligence shall notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on In- telligence of the House of Representatives each time a determination is made to apply the provisions of this subsection.". TITLE VI-ADMINISTRATIVE PROVISIONS USE OF PROCEEDS FROM DEFENSE DEPARTMENT COUNTERINTELLIGENCE OPERATIONS SEC. 601. (a) During fiscal year 1986, the Secretary of Defense may authorize use of proceeds from counterintelligence oper- ations conducted by components of the Mili- tary Departments to offset necessary and reasonable expenses incurred in such oper- ations without regard to the provisions of section 3302 of title 31, United States Code. (b) As soon as the net proceeds from any such counterintelligence operation are no longer necessary for the conduct of that op- eration, such proceeds shall be deposited into the Treasury as miscellaneous receipts. RETIREMENT BENEFITS FOR CERTAIN CENTRAL INTELLIGENCE AGENCY EMPLOYEES SERVING IN UNHEALTHFUL AREAS SEC. 602. Section 251 of the Central Intel- ligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended by inserting "(a)" after "SEc. 251." and by adding at the end thereof the follow- ing new subsection: "(b) The Director of Central Intelligence may from time to time establish, in consul- tation with the Secretary of State, a list of places which by reason of climatic or other extreme conditions are to be classed as un- healful posts. Each year of duty at such posts, inclusive of regular leaves of absence, shall be counted as one and a half years in computing the length of service of a partici- pant under this Act for the purpose of re- tirement, fractional months being consid- ered as full months in computing such serv- ice. No extra credit for service at such un- healthful posts shall be credited to any par- ticipant who is paid a differential under sec- tion 5925 or 5928 of title 5, United States Code, for such service.". [COMPENSATION OF DIRECTOR AND DEPUTY DIRECTOR OF GENERAL INTELLIGENCE Sec. 603. (a) Section 5312 of title 5. United States Code, is amended by adding at the end thereof the following: "Director of Cen- tral Intelligence.". (b) Section 5313 of title 5, United States Code, is amended by inserting "Deputy" before "Director of Central Intelligence.". (c) Section 5314 of title 5. United States Code, is amended by striking out "Duputy Director of Central Intelligence.".] Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 S12254 CONGRESSIONAL RECORD - SENATE September 26, 1985 APPLICATION OF FOREIGN MISSIONS ACT TO IN- DIVIDUALa ON SECONDMENT TO THE UNITED NATIONS SECRETARIAT SEC. [604.1 608. The Secretary of State is directed to apply to all individuals who are on secondment from their respective gov- ernments to the United Nations Secretariat any and all terms, limitations restrictions. or conditions applicable to indivdnals pursu- ant to the Foreign Missions Act of 1982 (22 U.S.C. 4301 et seq.), as may from time to time be applied to members of the consul- ates, embassies, or missions to the United Nations of those respective governments in the United States, pursuant to the Foreign Missions Act. TITLE VII-DIPLOMATIC EQUIVALENCE AND RECIPROCITY SHORT TITLE SEC. 701. This title may be cited as the "-Diplomatic Equivalencg and Reciprocity Act of 1985". POLICY SEc. 702. (a) It is the policy of the United States that the number of nationals of the Soviet Union admitted to the United States who serve as diplomatic or consular person- nel of the Soviet Union in the United States shall not exceed the number of United States nationals admitted to the Soviet Union who serve as diplomatic or consular personnel of the United States in the Soviet Union unless the President determines and so certifies to the Congress that additional admissions of such personnel would be in the best interests of the United States. (b) The policy contained in subsection (a) shall not apply to dependents or spouses who do not serve as diplomatic or consular personnel. REPORTING REQUIREMENT SEC. 703. Not later than six months after the date of enactment of this title, the Sec- retary of State and the Attorney General shall prepare and transmit to the Commit- tee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Committee on Foreign Affairs and ttie Permanent Select Committee on Intelli- gence of the House of Representatives a report setting forth a plan for ensuring that the number of Soviet nationals described in section 701 does not exceed the limitation described in such section. DEFINITIONS SEC. 704. For purposes of this title- (1) the term "diplomatic or consular per- sonnel" means the members of the diplo- matic mission or the members of the consul- ar post, as the case may be: (2) the term "members of the diplomatic mission" is used within the meaning of arti- cle 1(b) of the Vienna Convention on Diplo- matic Relations, done on April 18. 1961: and (3) the term "members of the consular post" is used within the meaning of article 1(g) of the Vienna Convention on Consular Relations, done April 24, 1963. TITLE VIII-ACCESS TO CRIMINAL HIS- TORY RECORDS FOR NATIONAL SE- CURITY PURPOSES CONGRESSIONAL FINDINGS AND POLICIES SEc. 801. The Congress finds- (1) that under the Constitution, Congress has the responsibility and power to provide for the common defense and security of our Nation: (2) that the interests of national security require that the Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency conduct investi- gations of individuals for the purpose of de- terinining eligibility for access to classified information, assignment to or retention in sensitive national security duties, or accept- ance or retention in the armed services; (3) that the interests of national security require that the Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency have access to criminal history record information when conducting investigations of individuals for the purpose of determining eligibility for access to classified information, assignment to or retention in sensitive national security duties, or acceptance or retention in the armed services: and (4) that the interests of national security have been adversely affected by the reluc- tance and refusal of some State and local criminal justice agencies to provide criminal history record information to the Depart- ment of Defense, the Office of Personnel Management, or the Central Intelligence Agency for use in investigations of individ- uals for the purpose of determining eligibil- ity for access to classified information, as- signment to or retention in sensitive nation- al security duties, or acceptance or retention in the armed services. SEc. 802. Chapter 31 of title 10, United States Code, is amended by striking out sec- tion 520a and substituting the following: "t521)a, Criminal history record information for national security purposes "(a) As used in this chapter. "(1) The term 'criminal justice agency' in- cludes Federal, State, and local agencies and means: (A) courts, or (B) Government agency or any subunit thereof which per- forms the administration of criminal justice pursuant to a statute or Executive order. and which allocates a substantial part of its annual budget to the administration of criminal justice. "(2) The term 'criminal history record in- formation' means information collected by criminal justice agencies on i ividuals con- sisting of identifiable descripti and nota- tions of arrests, detentions, indictments, in- formation. or other formal criminal charges. and any disposition arising therefrom, sen- tencing, correction supervision, and release. The term does not include identification in- formation such as fingerprint records to the extent that such information does not indi- cate involvement of the individual in the criminal justice system. The term does not include those records sealed pursuant to a lawful order of a court of law. "(3) The term 'classified information' means information or material designated pursuant to the provisions of a statute or Executive order as requiring protection against unauthorized disclosure for reasons of national security. "(4) The term 'State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the North- ern Mariana Islands, Guam. the Virgin Is- lands, American Samoa, the Trust Territory of Pacific Islands, and any other territory or possession of the United States. -(5) The term local" and locality' means any local government authority or agency or component thereof within a State having jurisdiction over matters at a county, munic- ipal, or other local government level. -(b)(1) Upon request by the Department of Defense, the Office of Personnel Manage- ment, or the Central Intelligence Agency. criminal justice agencies shall make avail- able criminal history record information re- garding individuals under investigation by the Department of Defense, the Office of Personnel Management or the Central In- telligence Agency for the purpose of deter- mining eligibility for (A) access to classified information, (B) assignment to or retention in sensitive national security duties, or (C) acceptance or retention in the armed serv- ices. Fees charged for providing criminal history record information pursuant to this subsection shall not exceed those charged to other criminal justice agencies for such in- formation. "(2) This subsection shall apply notwith- standing any other provision of law or regu- lation of any State or of any locality within a State. or any other law of the United States. "(c) The Department of Defense, the Office of Personnel Management, or the Central Intelligence Agency shall not obtain criminal history record information pursu- ant to this section unless it has received written consent from the individual under investigation for the release of such infor- mation for one or more of the purposes set forth in subsection (b). "(d) Criminal history record information received under this section shall not be dis- closed except for the purposes set forth in subsection (b) or as provided by section 552a of title 5, United States Code.". SEC. 803. The amendments made shall become effective with respect to any inquiry which begins after the date of enactment of this Act conducted by the Department of Defense, the Office of Personnel Manage- ment, or the Central Intelligence Agency, for-any of the purposes specified in subsec- tion (b) of section 520a of title 10, United States Code, as added by this Act. Sac. 804. These amendments are made pursuant to the powers vested in Congress as found in section 8 of article I of the United States Constitution. Mr. DURENBERGER. Mr. Presi- dent, I ask unanimous consent that the amendments of the Committees on Armed Services and Governmental Affairs be agreed to and that the bill as amended be treated as original text for the purpose of future amend- ments. The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. The amendments were agreed to. AMENDMENT NO. 711 Mr. DURENBERGER. Mr. Presi- dent, on behalf of the Select Commit- tee on Intelligence, I send to the desk amendments to amend title VI and title VII and ask unanimous consent that they be considered en bloc. The PRESIDING OFFICER. With- out objection, it is so ordered. The amendments will be stated. The assistant legislative clerk read as follows: The Senator from Minnesota (Mr. DUREN- BERGER]. for himself and Mr. LEASITY, pro- poses an amendment numbered 711. Beginning on page 10, line 1.2, strike out all through page 12, line 16. Mr. DURENBERGER. Mr. Presi- dent, it is my privilege to bring to the floor the intelligence authorization bill which authorizes appropriations for U.S. intelligence activities for fiscal year 1986. The Select Committee on Intelli- gence views the annual budget author- ization process as one of the principal means of fulfilling its oversight re- sponsibilities because of the insight and leverage that this process provides in influencing the long-term scope and direction of U.S. intelligence efforts. Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 September 26, 1985 CONGRESSIONAL RECORD - S AFE The legislation which we are laying before the Senate today authorizes ap- propriations fnr those programs and activities of the U.S. Government which serve the intelligence needs of our national policylakers, This in- cludes the Central Intelligence Agency and the National Security Agency, as well as the natiomal iatelligencee activi- ties of the Departments of Defense, State. Tr'eastur'y, and Energy, and the Federal Bureau o? Investigation. The bill also authorizes appropriations for the intelligence community staff and the Central Intelligence Agency retire- ment and disability system. and it in- cludes several legislative provisions to enhance the effectiveness of our Intel- ligenee agencies. This year. as in the past, the com- mittee conducted a coutiprehensive ex- amination of the intelligence budget request However, for the first time since the committee was formed, the entire budget authorization process was reviewed at the full eons mittee rather than the subcommittee level, which enhanced member participa- tion. Twelve hearings were held which included testimony from the Director and Deputy Director of Central Intel- ligence, key Defense Department offi- cials, and each of the principal intelli- gence program managers. Because of the sensitivity of the matters dealt with in the intelligence authorization bill, I cannot discuss de- tails in open session. These recommen- dations have, however, been set forth in the classified annex to. the commit- tee's report, which has been available to Members under the provisions of Senate Resolution 400 since June. As is stressed in our reports, the committee believes that strengthening and, improving the U.S. intelligence system should remain among our highest national priorities. As we have emphasized in the past, investment in intelligence must grow to ensure that the intelligence community is able to meet the challenges that our nation will face in the late 1980's and beyond. The committee recognizes that in- creased investment alone will not nec- essarily lead to the intelligence capa- bilities required in the years ahead. We must also be more innovative in crafting the Nation's intelligence ac- tivities to assure our capability to meet the challenges U.S. policymakers will face as we rapidly approach the 21st century. Our assessment contin- ues to be the same; we see no lessening of the worldwide competition with our principal adversaries while, at the same time, developments in the Third World and global issues will, grow in importance to same,. we see no lessen- ing of the worldwide competition with our principal adversaries while, at the same time; developments in the Third World and global issues will grow in importance to our national security. We see an ever-increasing threat against us, both as. individuals, who are potentially targeted for terrorist ac- tions and as a nation which must keep an ever-constant vigil for those who would threaten our security. The committee feels that it is be- coming increasingly, important to structure the Intelligence capability so that our Nation is assured of the peace and independence upon which it was founded. In its charter in Senate Reso- lution 400, the committee was assigned the responsibility to assure that the appropriate departments and agencies of the United States provide informed and timely intelligence to the execu- tive and legislative branches. With these factors in mind, the members of the committee have identified and es- tablished a long-range goal that will provide a framework for our future review of intelligence budget propos- als. Our first major goal became the for- mulation of a requirement for the ad- ministration to develop and submit a strategy for national Intelligence. The committee agreed early in the year on this goal for a national intelligence strategy. We will examine the fiscal year 1986 budget in terms of the strat- egy and expect the fiscal year 1987 budget to reflect adherence to the strategy process. While Intelligence ac- tivities will remain unique, the psoelrss employed will not be dissimilar to the posture statement and resource alloca- tion exercise currently utilized by the DOD. We intend this strategy to be updat- ed annually and to be the basis for un- derstanding what is being done in in- tellfgenee and what is proposed. There has never been a comprehen- sive strategy for the intelligence com- munity which was based on a disci- plined, consistent standard against which one could measure the state of American intelligence.. The intelli- gence target is infinite,. and our re- sources will always be limited, Yet, there is no vehicle which explains our strengths and weaknesses in intelli- gence in terms other than "more intel- ligence is better than less" and "faster processing and dissemination is better than Slower." To address these concerns and to achieve our goal, the committee has designed a. series of. hearings to be held in phases. We have already com- pleted phase I in this hearing process and are now well into phase II. These hearings allow us: to took at specific areas to see whether strategic think- ing is guiding intelligence decisions. We are calling in experts from the in- telligence community-those consum- ers and decision makers from both the current as well as the prior arena of intelligence: From these hearings, the committee is developing a set of guidelines for the intelligence community. The Di- rector of Central Intelligence will then develop a national intelligence strate- gy which will form the backbone- of the committee's annual comprehensive examination of the intelligence budget request. S 12255 It is because the committee feels so strongly the importance of strength- ened national security that it has taken on these added respaslities of contributing to a mace structured and coordinated effort toward our country's intelligence capabilities. With that in mind, the committee believes that the investments included in the authorization before you now, as well as continued investments are absolutely essential. Intelligence is the Nation's first line of defense; it is also one of our major assets for maintain- ing world peace. In these perilous times, when miscalculations could have such devastating consequences, it is more important than ever that this Natkm maintain a strong intelligence system. I strongly urge my colleagues' support for this important legislation. Mr. President? I ask unanimous con- sent. that a letter from the Congres- sional Budget Office, submitted pursu- ant to section 403 of the Congressional Budget Act of 1974, be included in the Rzcom There being no objection,, the letter was ordered to be printed in the Rscoltn, as follows: CONGRESSIONAL BUDGET OFFICE. Washington, DC. lady, 30,198& Hon. DAVID-DuRENasaosa, Chairman,, Select Committee on Intelli genet, Uenate, Washington, DC. DEAR MR. CHAIRMAN: The Congressiona. Budget Office has prepared the attachec cost estimate on S. 1271, the Intelligence Authorization Act for Fiscal Year 1988, a ordered repsrted by the Senate Select Com mittee on Intelligence an June 11. 198& Should the Committee so desire. we woulc be pleased to provide further details on the attached cost estimate. With best wishes, sincerely, RrooLPE G. PENNER. Director. CONGRESSIONAL BuDGSrOPPicE COST ESTIMATE 1. Bill' number.-S. 1271 2. Bill title.-Intelligence Authorization Act for fiscal year 1988: 3. Bill Status-As. ordered` reported by the Senate Select Committee on Intelligence on June 11, 19855 4. Bill purpose.-To authorize appropria- tions for the fiscal year 1988 for intelligence activities of the United States Government the Intelligence Community Staff, the Cen tral Intelligence Agency Retirement an Disability Fund, and for other purposes. 5. Estimated cost to the Federal Govern ment: ' Does not intrude costs at Sec. 101 or receipts from Sec. bit we a class4o Basis for Estimate-The aethaaation amounts are stated in the bill Ti estimate assamet the Hardy wrp be appropriated far the full amount at it authorization Expenditure of these funds is assumed to follow histw.c patterns Section 10.1 authorizes funds for the con duct of intelligence activities of several ell ments of the United States government The amounts authorized by this section ar Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 912256 classified and are excluded from this cost es- timate. Section 105 authorizes $21.4 million for the construction of a research and engineer- ing'facility at Fort Meade, Maryland for the National Security Agency. Section 201 authorizes $22.3 million for the Intelligence Community staff. This amount provides for 233 full-time personnel as of September 30. 1986. Section 301 provides $101.4 million for the Central Intelligence Agency Retirement and Disability Fund. Section 601 authorizes the Secretary of Defense to use the proceeds of counterintel- ligence operations conducted by components of the Military Departments to offset neces- sary and reasonable expenses incurred in such operations. Surplus funds are to be de- posited in the Treasury as miscellaneous re- ceipts. The amounts involved in this provi- sion are classified and are excluded from this cost estimate. Section 602 authorizes the Director of Central Intelligence to establish a list of posts deemed unhealthful. Personnel would receive one and one half years credit toward retirement for each year served in such a post. Because the number of posts deter- mined to be unhealthful and the number of personnel affected by such a determination are not known, it is not possible to estimate the budgetry impact of this provision. The bill includes other provisions that do not have significant budgetary impacts. 6. Estimated cost to state and local gov- ernments.-None. 7. Estimate comparison.-None. 8. Previous cost estimate.-None. 9. Estimate prepared by.-Jonathan Tyson (226-2840). 10. Estimate approved by.-James L. Blum, Assistant Director for Budget Analy- Sib. Mr LEAHY. Mr. President, I compli- ment the distinguished chairman of the committee for his remarks. We have done something different this year than I have seen in the slightly over 5 years that I have served on the Intelligence Committee: that is to handle the budget at the full commit- tee rather than the subcommittee level. Having served at both levels, I. think there had been distinct advan- tages to allowing all members of the Intelligence Committee involved in the budget process. With the complement of new members on both sides of the aisle, hallowed members to have a better idea of what is in often a very complex and, of course, very secret budget. I think the only way one fully understands what goes in the intelli- gence community is by analysis of the budget. As the Intelligence Committee has found, no matter how well-inten- tioned all of us are, often the only real oversight control we have is through the budget process. So it was a good experiment to try this year. I think it is one that should be continued for the next fiscal year. I am most pleased with the committees activism in the area of terrorism. It is one that I have encouraged for years. As recent events have shown us, ter- rorist activity throughout the world contitutes one of the major, if not the major, nonnuclear threats to the secu- rity of the United States and to our in- terests worldwide as well as to our do- mestic security. CONGRESSIONAL RECORD - SENATE September 26, 1985 I believe this legislation takes very affirmative action to address the threat posed by terrorism. Mr. President, I yield to the distin- guished chairman of the committee. The PRESIDING OFFICER. The question is now on agreeing to the amendment. The amendment (No. 711) was agreed to. Mr. DURENBERGER. Mr. Presi- dent, I move to reconsider the vote by which the amendments was agreed to. Mr. LEAHY. I move to lay that motion on the table. The motion to lay on the table was agreed to. AMENDMENT NO. 713 (Purpose: To require notification of the Ju- diciary Committees that certain natural- ization requirements do not apply to cer- tain aliens because of their extraordinary contribution to United States national se- curity, and for other purposes) Mr. DURENBERGER. Mr. Presi- dent, I send an amendment to the desk on behalf of the Senator from Wyo- ming (Mr. SIMPSON] and ask for its im- mediate consideration. The PRESIDING OFFICER. The amendment will be stated. The assistant legislative clerk read a5 follows: The Senator from Minnesota [Mr. DUREN- BERGER]. for Mr. Simpson, proposes an amendment numbered 713. Mr. DURENBERGER. Mr. Presi- dent, I ask unanimous consent that further reading of the amendment be dispensed with. The PRESIDING OFFICER. With- out objection, it is so ordered. The amendment is as follows: On page 8. beginning on line 12, strike out "fifteen" and all that follows through "In- telligence" on line 15 and insert in lieu thereof the following: "Ten. The Director of Central Intelligence shall notify the Select Committee on Intelligence and the Commit- tee on the Judiciary of the Senate and the Permanent Select Committee on Intelli- gence and the Committee on the Judiciary". Mr. DURENBERGER. Mr. Presi- dent, the purpose of this amendment very simply is to require notification of the Judiciary Committees that cer- tain naturalization requirements do not apply to certain aliens because of the extraordinary contributions to U.S. national security. It is a very ap- propriate amendment on behalf of our colleague from Wyoming, who is also chairman of the Immigration and Nat- uralization Subcommittee of Judici- ary. He spotted an oversight on the part of the committee, and I highly recommend its adoption. - Mr. LEAHY. Mr. President, I thor- oughly concur with the -statement of the Senator from Minnesota and also urge adoption of this amendment. The PRESIDING OFFICER. The question is on agreeing to the amend- ment. The amendment (No. 713) was agreed to. Mr. DURENBERGER. Mr. Presi- dent, I move to reconsider the vote by which the amendment was agreed to. Mr. LEAHY. I move to lay that motion on the table. The motion to lay on the table was agreed to. AMENDMENT NO. 714 (Purpose: To provide additional funding and authority for the Federal Bureau of Inves- tigation in order to improve the counter- terrorist capabilities of the Bureau ) Mr. LEAHY. Mr. President, I send an amendment to the desk on behalf of the Senator from Texas [Mr. BENT- SENI, for himself, Mr. DURENBERGER, myself, and other Senators listed on the amendment and ask for its imme- diate consideration. The PRESIDING OFFICER. The amendment will be stated. The legislative clerk read as follows: The Senator from Vermont [Mr. LEAHY), for Mr. BENTSEN, Mr. DURENBERGER, Mr. LEAHY, Mr. COHEN, Mr. BOREN, Mr. ROTH, Mr. MOYNIHAN. Mr. MURKOWSKI, Mr. ZORIN- sxY, Mr. SPECTER, Mr. BRADLEY, Mr. LONG, and Mr. GRASSLEY, proposes an amendment numbered 714. Mr. LEAHY. Mr. President, I ask unanimous consent that further read- ing of the amendment be dispensed with. The PRESIDING OFFICER. With- out objection, it is so ordered. The amendment is as follows: At the appropriate place in the bill, insert the following: Sac. . (a) There are authorized to be ap- propriated for fiscal year 1986, $59,539,000 for the Federal Bureau of Investigation to carry out the counterterrorism activities. (b) Notwithstanding any other provision of law, the Federal Bureau of Investigation may purchase for fiscal year 1986, an addi- tional 40 vehicles to be used in counterter- rorist activities. (c) Notwithstanding any other provision of law, the Attorney General may make payments in advance for expenses arising out of contractual and reimbursable agree- ments with State and local law enforcement agencies while engaged in cooperative activi- ties related to terrorism. Mr. BENTSEN. Mr. President, it has been 3 months now since the hijacking of TWA Flight 847 and the execution of Navy diver Robert Stethem by Middle Eastern terrorists. As the cir- cumstances surrounding this tragic event lose their sharp edge in our col- lective memory, it would be all too easy for us to lapse into complacency and to ignore the growing potential for terrorist activities here in the United States. Ignoring the reality of terrorism, however, would be exceedingly short- sighted. We are fortunate that terror- ist activity in this country has not risen to the heights that it reaches routinely elsewhere in the world, but we cannot assume that it will remain at a reduced level. Indeed, on a world- wide basis the number of terrorist inci- dents is increasing steadily. And for the past few years over 40 percent of these incidents have been directed against the U.S. Government or U.S. citizens or their property. Nor are internationl terrorists the only threat we face. This past week in Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 supplement. 4 The committee moved". supplement through the. ; this Jyeue- lp dealt with in resistance, in an amount and in a amendment and the third reading of manner consistent with congressional the bill. actidn on this issue. Because congres- The amendment was ordered to be sional action has proscribed CIA and engrossed and the bill to be read a DOD'administratfon of the humans- third time. t*rtan')aId ftinds-all of it in the sepa- The bill was read the third time. rate authortation, as I ' Indicated the The PRESIDING OFFICER. The Intellfge'nce - Committee's action, in bill having been read the third time, effect , has been ovtit'talken by events. the question is, Shall it pass? I-say to'in rceileague and the others, The bill (H.R. 2419, as amended) was partieularly on his side of the aisle,, passed, as follows: who have' expressed- a eoncern about H.R. 2419 this issue; that he is Correct in- his Resolved, That the bill from the House of charcterlfatfoh of our authOritY. Representatives (H.R. 2419) entitled "An Mr. IRA"-. With' that ~Ul%!IcO, Act to authorize appropriations for fiscal M. Pr dde t..-~)d it is also MY Under- year 1986 for intelligence and intelligence- s -4 heve-beeii told by the Ben- related activities of the United States Gov- about this ernment, the Intelligence Community Staff, g . o y only for humanitarian aasfeCa jce to The PRESIDING OFFICER. The the so-called Nicaraguan democratic question is on the engrossment of the PERSONNEL CEILING ADJUSTMENTS of tute in lieu thereof the text of S. 1271, "" "` "-- -' -_"- gence or the Secretary of Defense unless for d as amended. The PRESIDING OFFICER. The higher priority intelligence activities, based on unforeseen requirements. than those for hill- question is on agreeing to the motion which funds were originally authorized: and military to the reserve, pel"-it The motion was agreed to. which funds were requested has been denied n ress C b tha& tMy do not intend'to bring up and the Central Intelligence Agency Retire- anoNfs':.' t and thus revisit ment and Disability System, and for other gppt ing that bus been vot'ed,an. purposes". do pass with the following The Sexless who raised the point amendment: bars been an the losing side before_ Strike out all after the enacting clause and insert:" ard t~xey realize that the vote would That this Act may be cited as the "Intetli- be .thOA&Me if heeld?again,-I, think they gence Authorization Act for fiscal year realize, that. the Intelligence Commit- 1986'. tee handled this .mitten k a straight- TITLE I-INTELLIGENCE ACTIVITIES forward U09.on. It is clear we in the AUTHORIZATION OF APPROPRIATIONS gppyottee,,Watch how -anA-where the SEC 101. Funds are hereby authorized to anoney, is apestt; t9, be gertaln it 4 done be appropriated for fiscal year 1986 for the sw $ i- m$1i}fr prescribed by the law, conduct of the intelligence activities of the it- that. aourance. I assure the following elements of the United States Gov- chairman . that there will not be ernmerit. amendments-,.on this side on this (1) The Central Intelligence Agency. matter. (2) The Department of Defense. Me. DURENBERGER. I thank the (3) The Defense Intelligence Agency. Senator. (4) The National Security Agency. Mr. President, I ask for third read- (5) The Department of the Army, the De- ing of S. 1271. partment of the Navy, and the Department The PRESIDING OFFICER. The of the Air Force. (6) The Department of State. bill is open to further amendment. If (7) The Department of the Treasury. there be no further amendment to be (8) The Department of Energy. proposed, the question is on the en- (9) The Federal Bureau of Investigation. grossment and third reading of the CLASSIFIED SCHEDULE OF AUTHORIZATIONS bill. SEC. 102. The amounts authorized to be ap- The bill was ordered to be engrossed propriated under section 101, and the au- for a third reading and was, read the thorized personnel ceilings as of September third time. 30, 1986, for the conduct of the intelligelce activities of the elements listed in such sec. Mr. DURENBERG ,; '- Press- 144,. ?*, II,. snooifod in the classified gence may authorize employment of civilian personnel in excess of the numbers author- ized for fiscal. year 1986 under sections 102 and 202 of this Act when he determines that such action is necessary to the performance of important intelligence functions. except that such number may not, for any element of the Intelligence Community, exceed 2 per centum of the number of civilian personnel authorized under such sections for such ele- ment 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 ex- ercises the authority granted by this section. AU77fORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION OF A RESEARCH AND ENGI- NEERING FACILITY AT THE NATIONAL SECURITY AGENCY HEADQUARTERS COMPOUND SEC. 105. The National Security Agency is authorized to secure the design and con- V ion of a research and engineering fa- at its headquarters compound at Ft Meade, Maryland. A single continuous co*- - - tract maybe employed to facilitate comple- tion of the building authorized by this sec- tion. and the Secretary of Defense is author- ized to contract for design and construction in advance of appropriations therefor, but the cost of such facility may not exceed S 75,064, 000. Of the amounts authorized to be appropriated under section 101(4) of this Act, there is authorized to be appropriated for fiscal year 1986 the sum of $21,364,000 for design and construction of the facility authorized by this section during fiscal year 1986. FUNDING AND AUTHORITY FOR FEDERAL BUREAU OF INVESTIGATION TO IMPROVE ITS COUNTER- TERRORIST CAPABILITIES SEC. 106. (a) There are authorized to be ap- propriated for fiscal year 1986. $59,539,000 for the Federal Bureau of Investigation to carry out the counterterrorism activities. (b) Notwithstanding any other provision of law, the Federal Bureau of Investigation may purchase for fiscal year 1986, an addi- tional 40 vehicles to be used in counterter- rorist activities. (c) Notwithstanding any other provision of law, the Attorney General may make pay- ments in advance for expenses arising out of contractual and reimbursable agreements with State and local law enforcement agen- cies while engaged in cooperative activities related to terrorism. TITLE 11-INTELLIGENCE COMMUNITY STAFF debt. I ask tinanimon3'' that Schedule of Authorizations prepared by the the' Senate proceed to der- Select Committee on Intelligence of the dtionof H.R. 2419, Calendiif` ' 239, a Senate. That Schedule of Authorizations companion bill. . shall be made available to the Committees The PRESIDING OFFICER. The on Appropriations of the Senate and the bIR'W$I be stated by title. House of Representatives, and to the Presi- The legislative clerk read as follows: dent. The President shall provide for suita- A bin (H.R. 2419), to authorize appropria- ble distribution of the schedule,- or of appro- tions for tisoal year 1986 for intelligence and priate portions of the schedule, within the Int.llI nos-related- activities of the United executive branch. 13tates Government. the Intelligence Com- CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF PROGRAM AUTHORIZATIONS Staff, and the Central Intelligence Retirement and Disability System. SEc. 103. During fiscal year 1986, funds other purposes. may not be made available for any intelli- PRESIDING OFFICER. IS gence activity unless such funds have been , specifically authorized for such activity or objection to the present consid- in the case of funds appropriated for a dif- p#ACReded to consider the bill. has notified the appropriate committees of AUTHORIZATION OF APPROPRIATIONS SEC. 201. There is authorized to be appro- priated for the Intelligence Community Staff for fiscal year 1986 the sum of $22,283,000. AUTHORIZATION OF PERSONNEL END STRENGTH Sec. 202. (a) The Intelligence Community Staff is authorized two-hundred-and-thirty- three full-time personnel as of September 30, 1986. Such personnel of the Intelligence Community Staff may be permanent em- ployees of the Intelligence Community Staff L.- Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 CONGRESSIONAL RECORD - SENATE September 26, 1985 glassified Mr. DURENBERGER. Mr. J'resi- Congress of the intent to make such funds tglligence dent, I move to strike all after the en- available for such activity. except that in no case may reprogramming or transfer author- Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 t - September 26, 1985 CONGRESSIONAL RECORD - SENATE or personnel detailed from other elements of the United States. Government. (b) During fiscal year 1986, personnel of the Intelligence Community Staff shall be se- lected so as to provide appropriate represen- tation from elements of the United States Government engaged in`tnieljigence activi- ties. Ic) During fiscal year 1086, 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 nonreimbursa- ble basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intel- ligence. INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS CENTRAL INTELLIGENCE AGENCY SEC. 203. During fiscal year 1986, activi- ties and personnel of the Intelligence Com- munity Staff shall be subject to the provi- sions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intel- ligence Agency Act of 1949 150 U.S.C. 430a et seq.) in the same manner as activities and personnel of the Central Intelligence Agency. TITLE 111-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABIL- ITY SYSTEM AUTHORIZATION OF APPROPRIATIONS SEC. 301. There is authorized to be appro- priated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1986 the sum of $101,400,000. TITLE IV-GENERAL PROVISIONS AUTHORITY FOR THE CONDUCT OF INTELLIGENCE ACTIVITIES SEC. 401. The authorization of appropria- tions by this Act shall not be deemed to con- stitute authority for the conduct of any in- telligence activity which is not otherwise authorized by the Constitution or laws of the United States. INCREASES IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW SEC. 402. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemen- tal amounts as may be necessary for any in- creases in such employee compensation or benefits authorized by law. TITLE V-FACILITATING NATURALIZA- TION OF CERTAIN FOREIGN INTELLI- GENCE SOURCES IMMIGRATION AND NATIONALITY ACT AMENDMENT SEC. 501. Section 316 of the Immigration and Nationality Act (8 U.S.C. 1427) is amended by adding at the end thereof the following new subsection: "(g)(1) Whenever the Director of Central Intelligence, the Attorney General and the Commissioner of Immigration determine that a petitioner otherwise eligible for natu- ralization made an extraordinary con- tribution t the national security of the United Static or to the conduct of United States intelligence activities, the petitioner may be naturalized without regard to the residence and physical presence require- ments of this section, or to the prohibitions of section 313 of this Act, and no residence within the jurisdiction of the court shall be required. "(2) A petition for naturalization may be filed pursuant to this subsection in any dis- trict court of the United States, without regard to the residence of the petitioner. Pro- ceedings under this subsection shall be con- ducted in a manner consistent with the pro- lection of intelligence sources, methods and activities, "(3) The number of aliens naturalized pur- suant to this subsection in any fiscal year shall not exceed ten. The Director of Central Intelligence shall notify the Select Commit- tee on Intelligence and the Committee on the Judiciary of the Senate and the Perma- nent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives each time a determina- tion is made to apply the provisions of this subsection.": TITLE VI-ADMINISTRATIVE PROVISIONS USE OF PROCEEDS FROM DEFENSE DEPARTMENT COUNTERINTELLIGENCE OPERATIONS SEC. 601. (a) During fiscal year 1986, the Secretary of Defense may authorize use of proceeds from counterintelligence oper- ations conducted by components of the Mili- tary Departments to offset necessary and reasonable expenses incurred in such oper- ations without regard to the provisions of section 3302 of title 31, United States Code. (b) As soon as the net proceeds from any such counterintelligence operation are no longer necessary for the conduct of that op- eration, such proceeds shall be deposited into the Treasury as miscellaneous receipts. RETIREMENT BENEFITS FOR CERTAIN CENTRAL IN- TELLIGENCE AGENCY EMPLOYEES SERVING IN UNHEALTHFUL AREAS SEC. 602. Section 251 of the Central Intelli- gence Agency Retirement Act of 1964 for Cer- tain Employees (50 U.S.C. 403 note) is amended by inserting "la)" after "SEC. 251." and by adding at the end thereof the follow- ing new subsection: "(b) The Director of Central Intelligence may from time to time establish, in consul- tation with the Secretary of State, a list of places which by reason of climatic or other extreme conditions are to be classed as un- healthful posts. Each year of duty at such posts, inclusive of regular leaves of absence, shall be counted as one and a half years in computing the length of service of a partici- pant under this Act for the purpose of retire- ment, fractional months being considered as full months in computing such service. No extra credit for service at such unhealthful posts shall be credited to any participant who is paid a differential under section 5925 or 5928 of title 5, United States Code. for such service. ". TITLE VII-ACCESS TO CRIMINAL HIS- TORY RECORDS FOR NATIONAL SECU- RITY PURPOSES CONGRESSIONAL FINDINGS AND POLICIES SEC. 701. The Congress finds- (1) that under the Constitution, Congress has the responsibility and power to provide for the common defense and security of our Nation;* (2) that the interests of national security require that the Department of Defense, the Office of Personnel Management, or the Cen- tral Intelligence Agency conduct investiga- tions of individuals for the purpose of deter- mining eligibility for access to classified in- formation, assignment to or retention in -sensitive national security duties, or accept- ance or retention in the armed services, l3) that the interests of national security require that the Department of Defense, the Office of Personnel Management, or the Cen- tral Intelligence Agency have access to criminal history record information when conducting investigations of individuals for the purpose of determining eligibility for access to classified information, assignment to or retention in sensitive national security duties, or acceptance or retention in the armed services: and (4) that the interests of national security have been adversely affected by the reluc- S 12259 lance and refusal of some State and local criminal justice agencies to provide crinti- nal history record information to the De- partment of Defense, the Office of Personnel Management, or the Central Intelligence Agency for use in investigations of individ- uals for the purpose of determining eligibil- ity ity for access to classified information, as- signment to or retention in sensitive nation- al security duties, or acceptance or retention in the armed services. SEC. 702. Chapter 31 of title 10. United States Code, is amended by striking out sec- tion 520a and substituting the following: ".#320x. Criminal history nrord information for national xecurity purpoxex "(a) As used in this chapter: "(1) The term 'criminal justice agency' in- cludes Federal, State, and local agencies and means: (A) courts, or (B) Government agency or any subunit thereof which per- , forms the administration of criminal justice pursuant to a statute or Executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. "(2) The term 'criminal history record in- formation' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indict- ments, information, or other formal crimi- nal charges, and any disposition arising therefrom, sentencing, correction supervi- sion, and release. The term does not include identification information such as finger- print records to the extent that s1&ch infor- mation does not indicate involvement of the individual in the criminal justice system. The term does not include those records sealed pursuant to a lawful order of a court of law. "(3) The term 'classified information' means information or material designated pursuant to- the provisions of a statute or Executive order as requiring protection against unauthorized disclosure-for reasons of national security. "(4) The term 'State' means any of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, the North- ern Mariana Islands, Guam, the Virgin Is- lands, American Samoa, the Trust Territory of Pacific Islands, and any other territory or possession of the United States. "(5) The term 'local' and 'locality' means any local government authority or agency or component thereof within a State having ju- risdiction over matters at a county, munici- pal, or other local government level. "(b)(1) Upon request by the Department of Defense, the Office of Personnel Manage- ment, or the Central Intelligence Agency, criminal justice agencies shall make avail- able criminal history record information re- garding individuals under investigation by the Department of Defense, the Office of Per- sonnel Management or the Central Intelli- gence Agency for the purpose of determining eligibility for (A) access to classified infor- mation, (B) assignment to or retention in sensitive national security duties, or /C) ac- ceptance or retention in the armed services. Fees charged for providing criminal history record information pursuant to this subsec- tion shall not exceed those charged to other criminal justice agencies for such informa- tion. "(2) This subsection shall apply notwith- standing any other provision of law or regu- lation of any State or of any locality within a State, or any other law of the United States. "(c) The Department of Defense, the Office of Personnel Management, or the Central In- telligence Agency shall not obtain criminal Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 Sanitized Copy Approved for Release 2011/08/23: CIA-RDP87MO1007R000400940004-7 CONGRESS~O l~ . * ORt r .. SENATE histors reset information ourvaent to this Intelligence Committee, for the effort aeedioa s,de.r S ha recessed sarturn con- they have put in during the last 8 sent from the individual under investiga- months in mastering a difficult sub- am for at rdeeae oessah W on for ject under ,somewhat difficult condi- am or inane dike p swed firth in sub- section lam' Odd llshsiaat In addition, the six of us who were ktslass:altaaad 'irltor'ru~ received under this needles dad( at be dig- holdovers had to adjust to some new cloned exec S 14or the Pearson; let forth in realities. In which most of us did quite subsection tMl or as provided by section SSDa of title 5. United States Code_". hoe 703. The amendaaeats mode shall become edifeetive sitA respect to env inpsiry which kepias alter the aisle of eaactmeat of this Act conducted by the Department of De- fense, the Office of Personnel Management, or the Central Intelligence Agency, for any of the purposes spelt ied in subsection fbl of section $261a of title 10, United States, Code, as added W tills Aet. Sae ?W. !These amendments awe made pur- sagant to the powers nested in Congress as /bud in section S of strlfole t of the United Stoles Cbnstttutioa. Mr. IBJRINBERGER. Mr. Presi- dent, I more to reconsider the vote by which the bill was passed. Mr. ,LEAST. I move to lay that motion an the table. The motion to lay on the table was agreed to. Mr. DUi4ENBERGJUL Mr. Presi- dent, I sum that the Senate insist on its amendments and request a confer- enee with the House of Represents- on the disagreeing votes of the two Houses on H.R. 2419 and that the Chair be authorized to appoint confer- ees on the part of the Senate. The motion was agreed to. and the Chair appointed Mr. DURENRzRGzz. Mr. CCeigrr, Mr. HAres. Mr. MURaow- 4aa. Air. Hgcar, Mr. Mt7CowwrLL, Mr. L =KT, Mr. Bitrrrsau, Mr. Nuwx, Mr. Scares, and Mr. BRADLEY conferees on the part of the Senate. Mr. DURENBERGER. Mr. Presi- dent, I auk unanimous consent that S. 1271 be Indefinitely postponed. The PRESIDING OFFICER. With- out objection, it is so ordered. Mr. LEAKY. Mr. President, I compli- ment the distinguished chairman of the committee for his expeditious han- dling of this matter. It has been a pleasure to work with him in putting this bill together. Also, we have an excellent and non- partisan staff that has helped us. In carrying out my duties, I especial- ly want to thank Eric Newsom. Dan Finn, and George Tenet. In mention- ing those three, I do not mean in any way to preclude others, because we have some of the finest men and women serving on the Intelligence Committee, working with Senators on both sides of the aisle, of any commit- tee on which I have served. Mr. DURENBERGER. Mr. Presi- dent. I an grateful to my colleague fnram Vermont for his comments. I am particularly grateful to the ma- jority leader and the minority leader for the wisdom they have demonstrat- ed. in January in the appointment of nine new members to a committee which is incredibly important to this body. I compliment in particular the nine of our colleagues who are new to the well. The new staff and the old staff have performed incredibly well under the direction of the new staff director, to whom I am most grateful, Mr. Bernie McMahon, who left the U.S. Navy for much more challenging re- sponsibilities here. All the members of the majority and minority staff are gifted and have made and will continue to make out- standing contributions to this effort. On my behalf and on behalf of my col- league from Vermont, I am grateful to them for the expeditious way in which this matter was handled, and to our colleagues who may have had some concerns about the content, for per- mitting us to go ahead with this bill this evening. Mr. LEAHY. Mr. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll The assistant legislative clerk pro- ceeded to call the roll. Mr. SIMPSON. Mr. President. I ask unanimous consent that the order for the quorum call be rescinded. Mr. MELCHER. Mr. President. re- serving the right to object, I wonder If the assistant majority leader can inform me whether I can call up the extension of the dairy program. Mr. SIMPSON. Mr. President, we have-- The PRESIDING OFFICER. If the Chair may state. the pending business is the quorum call that has yet to be withdrawn. Is there objection to withdrawal of the quorum? Mr. MELCHER. I object. The PRESIDING OFFICER. Objec- tion is heard. The clerk will call the roll The assistant legislative clerk pro- ceeded to call the roll Mr. SIMPSON. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. - The PRESIDING OFFICER. With- out objection, it is so ordered. MESSAGES FROM THE PRESIDENT Messages from the President of the United States were communicated to the Senate by Mr. Saunders, one of his secretaries. EXECUTIVE MESSAGES REFERRED As in executive session. the Presid- ing Officer laid before the Senate mes- sages from the President of the United States submitting sundry nominations which were referred to the appropri- ate committees. ,.1. 1\ { M 6 l i ' . September 26, 1985 (The nominations received today are printed at the end of the Senate pro- ceedings.) PRESIDENTAL APPROVALS A message from the President of the United States announced that he had approved and signed the following en- rolled bill and joint resolution: September 19.19&5. S.J. Res. 31, Joint Resolution to designate the week of November 24 through Novem- ber 30. 1985. and the week of November 23 through November 29. 1988. as "National Family Week." September 25. 1985: S. 444, An act to amend the Alaska Native Claims Settlement Act. MESSAGES FROM THE HOUSE At 3b9 p.m., a message from the House of Representatives, delivered by Ms. Goetz, one of its reading clerks, announced that the House hang passed the following bill and joint resolution. without amendment S. 1417. An Act to amend title 39, United States Code, to provide interim extensions of the authority of the VeteraxW Adminis- trssian to orna44 a regional off4ia on the Republic of the Philippines. to eobtraet for hospital spire and outpatient seswiees in Puerto Riao and the Virgin Islands, and to contract for toatment and rehabilitation services for alcohol and drug dependence and abuse disabilities, and to amend the Emergency Veterans' Job Training Act of 1983 to extend the period for entering into training under such Act and S.J. Res. 1?!. Joint resolution to grant the consent of Congress to certain additional powers conferred upon the Bi-State Devel- opment Agency by the States of Missouri and Ulinois. The message also announced that the House has passed the following bills, in which it requests the concur- rence of the Senate: H.R. 1246. An act to establish a federally declared Floodway for the Colorado River below Davis Dam: H.R. 2453. An act to amend the Older Americans Act of 1965 to increase the amounts authorized to be appropriated for fiscal years 1985, 1986. and 1987 for com- modity distribution, and for other purposes: and H.R. 3166. An act to amend the Foreign Assistance Act of 1961 with respect to the activities of the Overseas Private Invest- ment Corporation. ENROLLED BILL AND JOINT RESOLUTIONS SIGNED At 3:57 p.m.. a message from the House of Representatives, delivered by Ms. Goetz, one of its reading clerks. announced that the Speaker has signed the following enrolled bill and joint resolutions: S. 1689, An act to amend various provi- sions of the Public Health Service Act: S.J. Res. 127. Joint resolution to grant the consent of Congress to certain additional powers conferred upon the BiState Devel- opment Agency by the States of Missouri and Illinois: and l&J. Res. 388. Joint resolution making continuing appropriations for the fiscal year 1986, and for other purposes. 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