TRANSMITTAL OF LEGISLATIVE PROGRAM FOR THE SECOND SESSION OF THE 100TH CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89M00699R001901440031-7
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 16
• Document Creation Date: December 27, 2016
• Document Release Date: March 13, 2012
• Sequence Number: 31
• Publication Date: October 15, 1987
• Content Type: MEMO

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DATE
TRANSMITTAL SLIP
TO: r Cs L
ROOM NO.
BUILDI
REMARKS:
FROM:
ROOM NO.
BUILDING
EXTENSION
FORM NO. REPLACES FORM 36-8
1 FEB 56 241 WHICH MAY BE USED.
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L- (/4 "7-S le-
Director
Intelligence Community Staff
Washington, D.C. 20505
DCI/ICS 3664-87
15 October 1987
MEMORANDUM FOR: Director, Office of Management & Budget
SUBJECT: Transmittal of Legislative Program for the
Second Session of the 100th Congress
Attached herewith is a copy of the "Central Intelligence Agency and
Intelligence Community Proposes Legislative Program for the Second Session
of the 100th Congress." This document is transmitted to you in accordance
with OMB Circular A-19.
Attachment:
As stated
ALL PORTIONS OF THIS
DOCUMENT ARE UNCLASSIFIED.
war
Lieutenant neral, U AF
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 Declassified in Part - Sanitized Copy Approved for Release 2012/03/13: CIA-RDP89M00699R001901440031-7
SUBJECT: Transmittal of Legislative Program for the
Second Session of the 100th Congress
DCI/ICS/PBQ I14 Oct 87)
DISTRIBUTION:
Original - Addressee
1 - D/ICS
1 - OCA (D. Griese) (w/o att.)
1 - PBO Subject
1 - PBO Chrono (w/o att.)
1 - ICS Registry /
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 Declassified in Part - Sanitized Copy Approved for Release 2012/03/13: CIA-RDP89M00699R001901440031-7
CENTRAL INTELLIGENCE AGENCY
AND
INTELLIGENCE COMMUNITY
PROPOSED LEGISLATIVE PROGRAM
FOR THE
SECOND SESSION OF THE 100th CONGRESS
LEGISLATIVE PROPOSALS
100/2 - 1: Fiscal Year 1989 Intelligence
Authorization Act
The Director of Central Intelligence
will submit to the Office of Management
and Budget for clearance a proposed
Fiscal Year 1989 Intelligence
Authorization Act for transmittal to
the Congress.
Protection of Intelligence Information
The Director of Central Intelligence may
propose legislation to provide criminal
penalties for the unauthorized
disclosure of classified information by
Federal employees, or others having
authorized access to classified
information. The DCI may support this
proposal as contained in other
legislation.
Department of Defense Proprietaries
At the request of the Department of
Defense, the Director of Central
Intelligence will include in the
proposed Fiscal Year 1989 Intelligence
Authorization Act legislation which
would grant the Department of Defense
authority to establish and operate
corporations or other business entities
in support of authorized and
appropriately coordinated intelligence
activities and may support this proposal
as contained in other legislation.
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Clarification of Security Authorities
In order to ensure the integrity of
security investigations and
determinations, the Director of Central
Intelligence may include in the Fiscal
Year 1989 Intelligence Authorization Act
legislation to clearly establish that
the authority of Executive Branch
officials to make security clearance and
access determinations is committed to
the discretion of Executive Branch
officials by law and not subject to
administrative or judicial review under
the provisions of any statute.
100/2 - 5: Clarification of CIA/NSA/DIA Drug and
Alcohol Abuse Authorities
In light of the uncertainty created by
recent case law concerning alcohol and
drug abuse, the Director of Central
Intelligence may include in the Fiscal
Year 1989 Intelligence Authorization Act
legislation to ensure that the Central
Intelligence Agency, the National
Security Agency and the Defense
Intelligence Agency are able to continue
to deal with security problems in the
area of alcohol and drug abuse without
regard to the provisions of any other
law, rule, or regulation.
100/2 - 6: Death-in-Service Benefits
If it does not become law as part of the
Fiscal-Year 1988 Authorization Act, the
Director of Central Intelligence may
propose legislation to amend the law
governing the Central Intelligence
Agency Retirement and Disability System
(CIARDS) so as to provide death-in-
service benefits to qualifying former
spouses retroactive to November 15,
1982. The Director of Central
Intelligence may also propose
legislation that would provide death-in-
service benefits to pre-1982 qualified
former spouses.
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Access to Credit Union Records
The Director of Central Intelligence may
include in the proposed Fiscal Year 1989
Intelligence Authorization Act
legislation that would allow the Central
Intelligence Agency (CIA) access to
credit union records of CIA employees
when evidence of employee financial
difficulties or irregularities exist.
The Director may support extension of.
this authority to other agencies within
the Intelligence Community as
appropriate.
100/2 - 8: INS Record-Keeping Exemption
The Director of Central Intelligence may
propose or support legislation that
would exempt intelligence agencies from
the record-keeping requirements
associated with the preparation and
retention of Immigration and
Naturalization Service (INS) Form 1-9.
Civilian Personnel Ceilings
The Director of Central Intelligence may
propose legislation to waive certain
civilian personnel end strength levels
applicable to the Central Intelligence
Agency. This legislation would be
similar to that contained in the
Department of Defense appropriations
legislation for Fiscal Year 1987.
Exemption From Federal Employees Health
Program
Depending on current, ongoing reviews
being conducted by outside consultants
on the Agency's health insurance
program, the Director of Central
Intelligence may include in the proposed
Fiscal Year 1989 Intelligence
Authorization Act legislation that would
authorize the Central Intelligence
Agency to modify participation in or
withdraw in whole or in part from the
Federal Employees Health Benefit Program.
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100/2 - 11:
100/2 - 13:
SIS Leave Conversion
The Director of Central Intelligence may
propose or support legislation that
would allow Senior Intelligence Service
employees to convert to cash any annual
leave balances in excess of a set amount
each year and may support extension of
this to members of the Senior
Cryptological Service as appropriate.
Recalculation of Average Pay for
Retirement Purposes
The Director of Central Intelligence may
propose or support legislation to
include bonuses in the definition of
basic pay used in the computation of the
"high-three" average pay for Central
Intelligence Agency employee retirement
purposes. Appropriate safeguards to
prevent abuse would be included and the
Director may support the extension of
this to the National Security Agency as
appropriate.
Enhanced Disability Annuitant Benefits
The Director of Central Intelligence may
include in the proposed Fiscal Year 1989
Intelligence Authorization Act
legislation which would authorize a
Central Intelligence Agency Retirement
and Disability System (CIARDS)
disability annuitant, whose annuity was
terminated and later restored, to elect
life and health insurance coverage
subsequent to the restoration of the
disability annuity. This proposal woul:
bring CIARDS into conformity with rules
governing Civil Service Retirement
System disability annuitants.
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100/2 -14: New Category of Former Spouses Entitled
to Survivor Benefits
In order to bring the Central
Intelligence Agency Retirement and
Disability System (CIARDS) into
conformity with Civil Service Retirement
System provisions, the Director of
Central Intelligence may include in the
proposed Fiscal Year 1989 Intelligence
Authorization Act legislation that would
allow a former spouse who is not a
qualified former spouse (as defined
under CIARDS law) to be eligible for
survivor benefits. This legislation
would authorize a new category of former
spouses (referred to as "previous
spouses"), which would be defined as a
divorced spouse who had been married for
at least nine months to a CIARDS
participant. A previous spouse would
have no automatic entitlement to
survivor benefits, but court orders
and/or elections granting survivor
benefits could be honored under CIARDS.
100/2 - 15: Access by FBI to Tax Records for Counter-
intelligence Purposes
The Director of Central Intelligence may
include in the proposed Fiscal Year 1939
Intelligence Authorization Act, at the
request of the Federal Bureau of
Investigation (FBI) and with the
concurrence of the IRS, legislation t_^t
would authorize the FBI, upon approval
by the Attorney General or his designee,
to receive tax return and taxpayer
information regarding individuals that
are the subject of a counterintelligence
investigation.
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 ............
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100/2 - 16:
Equalization of Uniform Allowance for
Certain Foreign National Employees
Employed by the Defense Intelligence
Agency in Embassies Abroad
If it does not become law as part of the
Fiscal Year 1988 Intelligence
Authorization Act, the Director of
Central Intelligence may include in the
proposed Fiscal Year 1989 Intelligence
Authorization Act legislation to provide
the Director, DIA, the authority to pay
certain foreign national employees
employed by DIA in embassies abroad an
annual uniform allowance equivalent to
that paid by the Department of State to
foreign national employees in similar
positions.
Exemption for the Defense Intelligence
Agency (DIA) from Certain Federal
Personnel Data Reporting Requirements
If it does not become law as part of
the Fiscal Year 1988 Intelligence
Authorization Act, the Director of
Central Intelligence at the request of
the Defense Intelligence Agency (DIA),
may include in the proposed Fiscal Year
1989 Intelligence Authorization Act a
statutory exemption for DIA from certain
routine, unclassified federal personnel
data reporting requirements.
Eligibility of Defense Intelligence
Agency Military Attaches and Civilian
Personnel Assigned to Defense Attache
Offices for Department of Defense Death
Gratuity for Members and Employees
Assigned to Intelligence Duties Abroad
The Director of Central Intelligence may
propose, at the request of the Defense
Intelligence Agency, an amendment to
Chapter 75 of Title 10, United States
Code, to allow surviving dependents of
military attaches and civilian personnel
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100/2 - 19:
supporting such attaches killed while
serving in embassies abroad to be
eligible for the current Department of
Defense death gratuity available to
surviving dependents of members of the
Armed Forces and Department of Defense
employees killed while assigned to
intelligence duties abroad.
Tax Exemption for Allowances Paid to
Certain NSA and DIA Employees
If it does not become law as part of
the Fiscal Year 1988 Intelligence
Authorization Act, the Director will
include in the proposed Fiscal Year 1989
Intelligence Authorization Act an
amendment to the Internal Revenue Code
to exempt from taxation allowances paid
to certain NSDA and DIA employees.
Currently, these same allowances as paid
to employees of the Foreign Service and
the Central Intelligence Agency are tax
exempt.
100/2 - 20: Retroactive Pay for Certain NSA Employees
At the request of the National Security
Agency (NSA), the Director of Central
Intelligence may include in the proposed
Fiscal Year 1989 Intelligence
Authorization Act an amendment to the
NSA Act of 1959 to allow the Director,
NSA, to pay certain senior NSA employees
additional pay to which they would have
been entitled during Fiscal Years 1980
and 1981 under a 1984 Seventh Circuit
decision (Squillacote v. United States,
739 F.2d 1208 (7th Cir. 1984), cert.
denied, 105 S.C. 2021 (1985)) if NSA's
Senior Cryptologic Executive Service had
been established at the same time as the
Senior Executive Service.
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100/2 - 21: NSA Graduate Studies Program
If it does not become law as part of the
Fiscal Year 1988 Authorization Act, the
Director of Central Intelligence may
include in the proposed Fiscal Year 1989
Authorization Act an amendment to the
NSA Act of 1959 to provide statutory
authority for the establishment by the
Director, NSA, of a graduate training
program for critical skills.
100/2 - 22: Transportation of Remains - NSA
The Director of Central Intelligence may
propose or support legislation to
authorize the payment of expenses
for transportation of remains,
dependents, and effects of a National
Security Agency employee who dies while
on a rotational tour of duty within the
United States at a place away from his
or her permanent home.
100/2 - 23: Pay Advance - NSA
The Director of Central Intelligence may
propose or support legislation to
authorize advances of up to three months
pay to National Security Agency
employees reassigned for permanent duty
t"b a new location within the United
States in like manner as is authorized
in cases of transfers overseas.
NSA Guard Force
The Director of Central Intelligence may
include in the proposed Fiscal Year 1989
Intelligence Authorization Act
legislation to authorize NSA personnel
to assume, with respect to certain NSA
facilities, the protective functions
currently performed pursuant to
delegation by the General Services
Administration.
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Impact of Export Control Regulations on
the Intelligence Community
The Director of Central Intelligence may
include in,the proposed Fiscal Year 1989
Intelligence Authorization Act
legislation that would require the
Director of Central Intelligence to
report annually to the Intelligence
Committees on the impact of changes in
the Export Administration Act on the
functions of the Intelligence Community
agencies.
110/2 - 26: Permanent Termination Authority - DIA
Civilian Employees
100/2 - 27:
The Director of Central Intelligence may
propose as part of the Fiscal Year 1989
Intelligence Authorization Act
legislation making permanent the
authority to terminate DIA civilian
employees.
Permanent Personnel Management Authority
DoD Military Intelligence Personnel
The Director of Central Intelligence may
include in the proposed Fiscal Year 1989
Intelligence Authorization Act
legislation making permanent personnel
management authority for DoD military
intelligence personnel.
FBI New York Field Division Compensation
If it does not become law as part of
the Fiscal Year 1988 Intelligence
Authorization Act, the Director of
Central Intelligence may include in the
proposed Fiscal Year 1989 Intelligence
Authorization Act legislation
authorizing the Director of the FBI to
pay additional compensation to the New
York Field Division of the FBI to the
extent appropriate to defray unusual
living expenses associated with such
employment.
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100/2 - 29: Secure Promotions for Certain MilitaLy
Intelligence Officers
The Director of Central Intelligence, at
the request of the Department of the
Army, may propose or support legislation
to establish a method of securely
promoting certain U.S. Army military
intelligence officers. Currently, these
officers are promoted in accordance with
an unwritten agreement between the
Congress and the Executive Branch. The
legislative proposal would establish a
viable permanent method for their secure
promotion.
100/2 - 30: Department of Defense Authority to
Accept and Transfer Foreign Material
At the request of the Department of
Defense, the Director of Central
Intelligence may propose or support
legislation to authorize the Secretary
of Defense to accept, transfer and
exchange foreign material on a
non-reimbursable basis and to transfer
funds between appropriations when
necessary for the expedited acquisition
of foreign materiel.
Department of Defense Authority to
Pkovide Intelligence Training
At the request of the Department of
Defense, the Director of Central
Intelligence may propose or support
legislation to authorize the Secretary
of Defense to provide intelligence
training to personnel from the foreign
military establishment.
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100/2 --32: Foreign Language Proficiency Incentive
Pay
At the request of the Department of
Defense, the Director of Central
Intelligence may propose or support
legislation to authorize the Defense
Intelligence Agency to provide incentive
pay to civilian employees for foreign
language proficiency.
100/2 - 33: DIA Overseas Benefit Comparability
Package
At the request of the Defense
Intelligence Agency (DIA), the Director
of Central Intelligence may include in
the proposed Fiscal Year 1989
Intelligence Authorization Act
legislation to authorize the Director,
DIA, to provide to DIA personnel serving
overseas benefits comparable to those
available to similarly-situated
personnel of the Department of State.
CIARDS Post-Election Option Into FERS
"Special Category" Status
The Director of Central Intelligence may
propose legislation to provide those
Central Intelligence Agency employees
w, ho elected initially to remain in the
Civil Service Retirement and Disability
System during the initial open season
but who are subsequently designated as
participants in the Central Intelligence
Agency Retirement and Disability System
the option to elect to transfer into the
Federal Employees Retirement System
"Special Category" status.
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1 RAN6MITTAL SLIP 1
ICS REGISTRY
ROOM NO. BUILDING
Revised distribution list
PBO
ROOM NO. BUILDING
EXTENSION
rvnm NU. REPLACES FORM 36-8
1 FEB 56 241 wuvru i , ..- (471
Declassified in Part - Sanitized Copy Approved for Release 2012/03/13: CIA-RDP89M00699R001901440031-7
 Declassified in Part - Sanitized Copy Approved for Release 2012/03/13: CIA-RDP89M00699R001901440031-7
SUBJECT: Transmittal of Legislative Program for the
Second Session of the 100th Congress
DCI/ICS/PBOI I14 Oct 87)
DISTRIBUTION:
Original - Addressee
1 - D/ICS
1 - OCA (D. Griese) (w/o att.)
1 - PBO Subject /
1 - PBO Chrono (w/o att.)
1 - ICS Registry
T - LL
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