DELEGATION OF AUTHORITY TO IMPLEMENT SECTION 501 (A) OF PUBLIC LAW 98-618

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000300530014-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 23, 2016
• Document Release Date: October 18, 2012
• Sequence Number: 14
• Publication Date: January 16, 1986
• Content Type: MEMO

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34ANAGE:14E1Yr DAPROVEMZNTS -
Section 501 of the Senate committee bill
contained:nevi authorities relating to civil-
ian personnel management at the Defense
Intelligence Agency (DIA). -
The House bill contained no Correspond-
ing provision.. ?
Section 501 of the Senate-House compro-
mise contains the Senate committee bill
provision with Modification of the, special
DIA personnel, termination authority and
elimination of the DIA exemption from dis-
closure laws. ?
Section 501 is intended to improve the
management of ? civilian personnel within
the Defense Intelligence Agency. -. This
would be accomplished by amending chap-
ter 83 of title 10, United States Code, to
exempt DIA from civil service euvaication
? ? provisions, authorize compensation for DIA
?? . civilian personnel, and authorize the Secre-
tary of Defense. during fiscal years 1985 and
1986. to texminate the employment of DIA
civilian personnel when he conlgters such
? -is? action to be in the interests of the United
States and h'e determines that other rele-.
:???? ? ? ? ? ? - vant *provisions of law cannot be invoked in
a manner consistent with the national secu-
rity.
:
The Defense Intelligence Agency does not
have flexibility in personnel matters similar
to that currently available to the CIA and
NSA under. applicable &tat:ides. As a conse-
quence. DIA has been significantly handi-
capped in its ability to recruit and reward
outstanding analysts and other intelligence
specialists and . otherwise to operate an
equally effective civilian personnel system.
If the benefits of -competitive analysis," a
concept which both the Administration and
the intelligence committees strongly sup'
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).--,
pcirt; are to be- realized:it is imperatiNsiat
DIA have analytical capabilities comparable
to its sister agencies. ? -- ? -
4The additions to chanter 83 of title 10 con- _
talned in section 501 will enhance DIA's ca-
liabilities to attract and retain high -quality
personnel In competition with other intelll-
ltirPe agertcles....-Claslification - authority
would be granted to permit establishment of .
iientpensation based- on individual capabili-
rt=t d to ensure timely assignment, and
tion of high quality personnel to meet
tehangbag intelligence requirements. DIA
its* will achieve maximum utilization of au-
itiorized manpower through .nhaiaced and
ifinplified authority for termination of em-
Aoyees. The additional costs resulting from
ese provisions are estimated to be relative-_
'Small and will be absorbedirithin author-.
Ized appropriation levels. It Is anticipated
thkt such costs will be' offset by efficiencies
be realized by relief from current cum-
eisome precedures:;.. -:-.- : -. ? ? -. ..:..- - . .
itSection 501 amends chapter 83 of title 10.
pnited States Code, by adding anew section
? 804 on -Civilian .Personnel Management:*
pter 83 of title lots entitled **Defense
ence -Agency Civilian Personnel- and
*tains the provisioni on the Defense In-
ence Senior ExeCutive Service and DIA
merit pay system enacted as Title VII of the
' telligence - Authorization Act for fiscal
1982.: - ? - - - -- -
Subsections (a) through*i (d) Of the - ?
dew
ctIon 1604 would authorize the Secretary
11A._ Defense-to- establiih a flexible personnel*
M8Dagement'system for those ISersortnel not
.,,..10gAlle Defense Intelligence Senior Execu-
live Service.-Salaries and pay would be fixed
klixelation to the General Schedule and
7..WItge Grade (prevailing rate) system. A
ble ria-ification - system would be es-
lished which would incorporate the con-
Es`pts of both position clavdtication and
k in the person. The system would be
structured to permit assignment, movement,
itied career development without cumber-
"itiine classification- and related aciministra-
Ate . procedures. These flexibilities would
penult DIA to rapidly- deploy and focus It
talent to vital intelligence areas..
-Subsection (a) authorizes the Secretary of
ease to establish civilian positions ilithe
Defense Intelligence Agency and to appoint
?ii1vidua1s to such pOsitions, without regard
'civil service requirements::
'Subsection (b) authinizes the Secretary of
Defense to fix pay for positions established'
cler_ subsection (a) in relation to the Gen-
Schedule(GS) rates.
- ye,Subsection (c) authorizes a prevailing rate
astern of basic compensation for positions
- **or under which the Agency may employ
tpdividuaLs in a trade:?craft. or manual labor
occupation. ? -
t;Subsection (d) authorizes additional corn-
ensation for employees stationed outside
the continental United States or in Alaska
It rates not-to exceed, those authorized by 5
.13:S.C. 5941(a). Such allowance shall be
based on living costs substantially higher
'than in the District of Columbia or condi-
ms of environment which differ from
those in the continental United States.
!Subsection (e) of new section 1604 author-
the Secretary of Defense, during fiscal
S'ears 1985 and 1988: to terminate employ-
;Men, t of any civilian officer or employee of
*DIA whenever he considers that action to
)be in the interests of the United States and
.' :Ale determines that the procedures pre-
- .-i.m-ibed in other provisions of law that au-
lhorize the termination of such employment
scannot be invoked in a manner consistent
:.Srith the national security. Termination ati4
? :thority may be delegated only to the
Deputy Secretary of Defense. the Director,
:of DIA, or both. Termination action would,
be. appealable to the -Seeiets_ry of. DeiNnif
whose decision would be final. .
This provision is. designed to " facilitate.
while preserving basic due process, the re-
moval of personnel whose performance or
security Suitability Is demonstrably unsatis-
factory or unacceptable, or who are other-
wise impairing the effective performance of
the Defense Intelligenti- -Agency's mission.
The-intelligence environment requires secu-
rity suitability and:unusually high stand-
ards of performance to ensure the accuracy
and reliability of intelligence products. Tol-
erance of unsatisfactory performance or se-
curity suitability is . necessarily low. The
flexibility granted by this provision would
relieve DIA from the external public review
procedures to .? whiCh. ? preference eligible
members would otherwise be entitled upon
appeal to: the .:Merit Systems Protection
Board. The- DIA System.. however.- would
provide strict safeguards-to assure internal
appeal to. the Secretary of Defense thereby
ensuring equity, and consistency. It .is ex-
pected- that the authority conferred by sub-
Section. (e) will be used with great care, and
not for routine sarninistrative convenience.
The ? Secretary. 'of -*Defense is required to
notify the intelligence committees- of- each
instance in.which the termination authority
is exercised. . . .
-
The Committee amendment spccffieslhat
the termination authority shall expire on
September 30. 1986. This limited-duration is
designed to provide the Congress with an
opportunity to assess-the use made of the
authority during a two year period in order
that an informed decision- can be made as to
whether the authority should be made psr-
manent. - . ;
rranncat ANG corrro;tacai Jurocauxirrs -RE-
LATING TO Dia PERSONNEL WANAG724MIT 1110T
VISIONS?
Section 502 .of the Senate committee bill
made technical and conforming amend-
ments to title 5. United States Code correz
sponding to the changes made by the DIA
personnel management provisions contained
in Section 50L ? ? ? : t ? " -
Section 502 of the Senate-House compro-
mise . bill contains the same technical end
conforming provisions as. the Senate com-
mittee billeontained.
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CHAPTER 83?DEFENSE INTELLIGENCE AGENCY
CIVILIAN PERSONNEL
Sec Sec
1604. Civilian personnel management. 1605. Benefits for certain employees of the
Defense Intelligence Agency.
1985 Amendment. Pub.1- 99-145, Title XIII.
? 1302(aX2), Nov. 8, 1985. 99 Stat. 737, added
item 1605, which was formerly set out as item 192
within chapter 8 of this title.
1984 Amendment. Publ.- 98-618; Tide V,
? 501(0, Nov. 8, 1984,98 Stat. 3302, added item
1604.
? 1604. Civilian personnel management
(a) The Secretary of Defense may, without regard to the provisions of any other
law relating to the number, classification, or compensation of employees-- ? 1
(1) establish such positions for civilian officers and employees in the Defense
Intelligence Agency as may be necessary to carry out the functions of such
Agency;
(2) appoint individuals to such positions; and
? (3) fix the compensation of such individuals for service in such positions.
(b) The Secretary of Defense shall, subject to subsection (c), fix the rates of basic
pay for positions established under subsection (a) in relation to the rates of basic pay
provided in the General Schedule under section 5332 of title 5 for positions subject to
such Schedule which have corresponding levels of duties and responsibilities. - Ex-
cept in the case of an officer or employee of the Defense. Intelligence Agency
serving as a member of the Defense Intelligence Senior Executive Service,-no officer
or employee of the Defense Intelligence Agency may be paid basic compensation at a
rate in excess of the highest rate of basic pay contained in such General Schedule.
) (c) The Secretary of Defense is authorized, consistent with section 5341 of title 5,
to adopt such provisions of such title as provide for prevailing rate systems of basic
pay and to apply such provisions to positions in or under which the Defense
Intelligence Agency may employ individuals described by section 5342(aX2XA) of
such title.
(d) In addition to the basic compensation payable under subsection (b), officers
and employees of the Defense Intelligence. Agency who are citizens or nationals of
the United States and who are stationed outside the continental United States or in
Alaska may be paid compensation, in accordance with regulations prescribed by the
Secretary of Defense, not in excess of an allowance authorized to be paid by section
5941(a) of title 5 for employees whose rate S of basic pay are fixed by statute. Such
allowances shall be based on?
.(I) living costs, substantially higher than in the District of Columbia;
(2) conditions of environment which differ substantially from conditions of
environment in the continental United States and warrant an allowance as a
recruitment incentive; or
(3) both of the factors described in paragraphs (1) and (2).
(eX1) Notwithstanding any other provision of la-w, the Secretary of Defense. may,
during fiscal years 1986 and 1987, terminate the employment of any civilian officer
or employee of the Defense Intelligence Agency whenever he considers that action
to be in the interests of the United States and he determines that the procedures
prescribed in other provisions of law that authorize the termination of the -employ-
ment of such officer or employee cannot be invoked in a manner consistent with the
national security. The decisions of the Secretary under this paragraph are final and
may not be appealed or reviewed outside the Department of Defense. The Secretary
of Defense shall promptly notify the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intelligence of the Senate
whenever this termination authority is exercised.
(2) Any tertnination of employment under tins subsection shall not affect the right
of the officer or employee involved to seek or accept employment with any other
department or agency of the United States if he is declared eligible for such
employment by the Director of the Office of Personnel Management.
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10 ? 1604 -ARMED FORCES 84
(3) The Secretary of Defense may delegate authority under this subsection only to
the Deputy Secretary of Defense or the Director of the Defense Intelligence Agency
or both. An action to terminate any civilian officer or employee by either such
officer shall be appealable to the Secretary of Defense.
(Added Publ.. 98-618, Title V. ? 501(a), Nov. 8, 1984, 98 Stat. 3301, and amended Pub.L. 99-661,
Title V, ? 502, Oct. 27, 1986, 100 Stat. 3198.)
Legislative History. For legislative history and
purpose of Pub.L 99-569. see 1986 US. Code
Cong. and Adm. News. p. 5327.
1605. Benefits for certain employees of the Defense Intelligence Agency
(a) The Secretary of Defense may provide to civilian personnel of the Department
.of Defense who are United States nationals, who are assigned to Defense Attach?
Offices an Defense Intelligence Agency Liaison Offices outside the United States,
and who are designated by the Secretary of Defense for the purposes of this
subsection, allowances and benefits comparable to those provided by the Secretary
of State to officers and employees of the Foreign Service under paragraphs (2), (3),
(4), (5), (6), (7), (8), and (13) of section 901 and sections 705 and 903 of the Foreign
Service Act of 1980 (22 U.S.C. 4081(2), (3), (4),(5), (6),(7), (8), and (13), 4025, 4083) and
?under section 5924(4) of title 5. The Secretary may also provide to any such civilian
personnel who are subject to chapter 84 of title 5, special-retirement accrual benefits
in the- same manner provided for certain officers and employees - of the Central
lli
Integence *Agency in section 303 of the Central Intelligence Agency Retirement
Act of 1964 for Certain Employees (50 U.S.C. 403 note).
(b) The authority of the Secretary of Defense to make payments under subsection
(a) is effective for any fiscal year only to the extent that appropriated funds are
available for such purpose. -
(c) Regulations issued pursuant to subsection (a) shall ? be submitted to the
Committee on Armed Services and the Permanent Select Committee on Intelligence
of the House of Representatives and the Committee on Armed Services and the
Select Committee on Intelligence of the Senate before such regulations take effect.
(Added Pub.L. 98-21-5, Title V, ? 501(a), Dec. 9, 1983, 97 Stat. 1478, ? 192, redesignated ? 1605,
and amended Pub.L. 99-145, 'Title XIII, ? 1302(a)(1), Nov. 8, 1985, 99 Stat. 737; Pub.L. 99-335,
'Me V. ? 507(b), June 6, 1986, 100 Stat. 628; Pub.L. 99-569, Title V. ? 501, Nov. 27, 1986, 100
Stat. 3198.) -
References in Text ? Sections 901(2), (3). (4),
(6), (I), (8),lind (13), 705, and 903 of the Foreigrr
Service Act of 1980 [Pub.1- 96-4651 referred to
in subsec. (a); are set out, respectively, as sections
4081(2), (3), (4), (6), (7), (8), and (13), 4025 and
4083 of Title 22, Foreign Relations and Inter-.
Section 303 of the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees,
referred to in subsec. (a), is section ace of Pub.L.
88-643, Oct. 13, 1964, 78 Stat. 1043, which is set
out as a note under section 403 of Tide 50. War
and National Defens? e. .
1986 Amendment Subset. (a), Pula. 997135
inserted provision authorizing the Secretary to
provide to any civffsan, personnel subject to chap-
ter 84 of Title 5 'special accrual benefits in the
same manner provided for certain officers and-
employees of the Central Intelligence Agency in
section 303 of the Central Intelligence Agency
-Retirement Act of 1964 for Certain "Employees.
references to the Director of the Defense Intelli-
gence Agency; military personnel, section 2308 of
._ the Foreign Service Act of 1980, and 22 US.C.
4025.
Subset. (b), Pub.L 99-145. ? 1302(aXIXA),
struck out provisions relating to authority of the
Director of the Defense Intelligence Agency.
Subset. (c). Pub.L. 99-145, ? 13024)(1)(Q,
struck out subsec. (c), relating to issuance of
regulations pursuant to subsec. (a) of this section.
Former subsec. (d) was redesignated (c),
Subset. (d). Pub.L. 99-145, ? 1302(a)(IXC),
redesignated subset. (d) as (c).
Effect's* Date .1 1986 Amendment. Amend-
ment by Pub.L 99-335 effective Jan. 1. 1987, see
section 702(a) of Pub.L 99-335, set out as a note
under 8401 of Title 5. *Government Organization
and Employees.
Legislative History. For legislative history and
1985 Amendment Sulvw,- (a), Pub.L. 99-145, purpose of Pub.L. 99-145, see 1985 U.S. Cook
f 1302(aXIXA), (13), substituied -, 4025-4083) Cong. and Adft- Nevis. p- 472- See. a!sct.
--. (171.1 AIA1f f:fts. " few 22 99-569. 1986 U.S. Code Cong. and Adm. News.
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- J640r
THE SECRETARY OF DEFENSE
WASHINGTON. THE DISTRICT Or COLUMBIA
16 January 1986
MEMORANDUM FOR DIRECTOR, DEFENSE INTELLIGENCE AGENCY
SUBJECT: Delegation of Authority to Implement Section 501(a)
of Public Law 98-618
Pursuant to Section 133(d) of title 10, United States Code, I
hereby delegate to the Director of the Defense Intelligence
Agency the authority to undertake all actions necessary and
appropriate to implement the provisions of Section 501(a) of the
Intelligence Authorization Act for Fiscal Year 1985, PL 98-61a,
as codified in Section 1604 of title 10, United States Code and
as outlined in the November 1985 DIA Plan for Implementation.
Such implementation with respect to Paragraph 13.e. of.Section B.
of DIA Regulation 22-7 should prollide- for some form of grievance
or appeal rights within DIA for suspensions of 14 days or less at
a level higher than the deciding official. Specific policies,
directives or regulations prepared in connection with the DIA
Plan should be forwarded for review to the Assistant Secretary of-
Defense (FM&P) prior to implementation.
William H. Taft, IV
Deputy Secretary of Defense
.10
" r 0 0 0
i.0
1 Gndosti,v 15 )
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111LE VI?DEFENSE INTELLIGENCE PERSONNEL
IMPROVEMENTS
DIA CIVILIAN UNIFORM ALLOWANCE
SEC. 601. (a) COMPARABILITY WITH STATE DEPARTMENT EM-
-- -P-Lov-Ezs.?C11-3-pter 83-4-/.tite0,Uite3 States Cf_xle;_is amended by-7--
inserting at the end thereof the following new section:
)606. Uniform allowance: civilian employees
"(a) The Secretary of Defense may pay an allowance under this
section to any civilian employee of the Defense Intelligence Agency
who?
"(1) is assigned to a Defense Attach?ffice outside the United
States; and
"(2) is required by regulation to wear a prescribed uniform in
performance of official duties.
"(b) Notwithstanding section 5901(a) of title 5, the amount of any
such allowance shall be the greater of the following:
"(1) The amount provided for employees of the Department of
State assigned to positions outside the United States and re-
quired by regulation to wear a prescribed uniform in perform-
ance of official duties.
"(2) $360 per year.
"(c) An allowance paid under this section shall be treated in the
same manner as is provided in subsection (c) of section 5901 of title 5
for an allowance paid under that section.".
(b) CLERICAL AMENDMENT.?The table of sections at the beginning
of such chapter is amended by adding at the end thereof the
following new item:
1606. Unifomrallowance: civilian employees.".
EXTENSISN OF SPECIAL TERMINATION AUTHORITY FOR CERTAIN DOD
INTELLIGENCE EMPLOYEES
SEC. 602. (a) DEFENSE INTELLIGENCE AGENCY.?Section 1604(eX1) of
title 10, United States-Code, is amended by striking out "during
fiscal years 1986 and 1987" and inserting in lieu thereof "during
fiscal years 1988 and 1989".
(b) MILITARY DEPARTMENTS.?Section 1590(e)(1) of such title is
amended by striking out "during fiscal year 1987" and inserting in
lieu thereof "during fiscal years 1988 and 1989".
REQUIREMENTS TO DISCLOSE ORGANIZATIONAL AND PERSONAL DATA:
DIA EXEMPTION
SEC. 603. (a) Chapter 83 of title 10, United States Code, is amended
by inserting the following new section:
"? 1607. Exemption from disclosing organizational and personal
data
"Notwithstanding the provisions of any other law, and except as
orovided herein arld as required by section 552 or section 552a of
title 5, United States Code, the Defense Intelligence Agency shall
not be required to -disclose the organization Or any function of the .
Defense Intelligence Agency or the names, official titles, occupa-
tional series, grades, salaries or numbers of personnel employed by
such Agency. This section shall not aonlv to information provided
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Rou:5-c- RE-pDRT rn. co- (T)
- TITLE V?DOD INTELLIGENCE PERSONNEL IMPROVEMENTS
Section 501: DIA civilian uniform allowance adjustment
Section 501 would authorize the Secretary of Defense to pa Y $360
annually for the purchase of uniforms for Defense Intelligence
Agency civilian personnel overseas employed by Defense Attach?
Offices who are required to wear uniforms during the course of
their employment. At present all such employees are foreign na-
tionals who serve as chauffeurs assigned to Defense AttachE Of- -
fices. In situations where Department of State regulations permit a
uniform allowance greater than $360 annually, the Secretary could
provide- covered DIA civilians a uniform allowance of like amount..
3ection 502: One-year extension of DIA special termination author-
ity
Section 502 of the bill extends for one more fiscal year the ex-
tiaordinary authority of the Secretary of Defense to terminate a
Defense Intelligence Agency civilian employee without regard to
normal federal personnel termination procedures.
Section 501 of the Intelligente-Authorization Act for Fiscal Year
1985 (Pi. 98-618) enacted Section 1604 of title 10, United States
Code, relating to Defense Intelligence Agency civilian personnel
management. Subsection 1604(e) granted the Secretary of Defense
authority during fiscal years 1985 and 1986 to terminate the em-
ployment of any DIA civilian employee whenever he considered it
to be in the interest of the United States and he determined that
normally applicable federal employment termination procedures
could not be invoked in a manner consistent with national security.
'Section 502 of the Intelligence Authorization Act for Fiscal Year
1987 extended that authority for fiscal year 1987. Section 502 of the
?
bill would extend this authority for fiscal year 1988, a one-year ex-
tension instead of theyermanent extension requested by the execu-
tive branch.
The DIA authority granted by Section 1604(e) has not been exer-
ISed since implemented by DIA regulations in 1986. The com-
mittee therefore has no basis on which to evaluate the use of the
authority. The committee has concluded that extension of the ter-
mination authority is appropriate, but has decided not to consider
extending this authority permanently until the Commission cre-
ated by Section 601 of the bill has submitted its report.
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LEGISLATIVE HISTORY
HOUSE CONF. REP. NO. 100-432
[Page 201
Time VI?DEFENSE INTELLIGENCE PERSONNEL
- SECTION 601
_
Section 001 of the conference report would authorize the Secre-
tary of Defense to pay a civilian uniform allowance to DIA civilian
personnel overseas employed ? by the Defense Attache Offices who
are required to wear uniforms during the course of their employ-
ment.
Section 601 of the conference report is identical to Section 501 of
the. House bill and substantially the same as Section 501- of the
-Snate-amendment.
SECTION 602
Section 602 of the conference report would extend for two fiscal
years the extraordinary authority of the Secretary of Defense to
terminate a Defense Intelligence Agency civilian employee without
regard to normal Federal personnel termination procedures.
Section 602 is identical to Section 502 of the Senate amendment.
Section 502 of the House bill would have extended this authority
only for fiscal year 1988.
The conferees have agreed to consider permanent extension of
DIA termination authority based on the findings and recommenda-
tions of the study on intelligence personnel systems to be per-
formed by the National Academy of Public Administration pursu-
ant to Section 701 of the conference report.
-
SECTION 603
Sectioft 603 of the conference report would exempt the Defense
Intelligence Agency from any requirement to disclose information
on its organization, functions, br-personnel,. except as required by
the Freedom of Information Act or the Privacy Act..
Section 603 of the conference report is identical to Section 505 of
the Senate amendment except that the exemption from disclosure
would not apply to the requirements for record searches and disclo-
sure of the Freedom of Information Act and the Privacy Act. The
House bill contained no comparable provision.
The purpose of Section 603 is to permit DIA to avoid various ex-
ecutive branch personnel reporting requirements to which CIA and
NSA are not required to respond. It will permit the DIA to protect
classified personnel data from inappropriate dissemination
throughout-the executive branch. At present, the DIA is required
to submit personnel data which is classified but which receiving ex-
ecutive branch offices cannot securely handle or use. The conferees
determined that it Was appropriate to remove the requirement for
classified submissions by DIA...in connection with such internal ex-
ecutive branch reports, but unnecessary to sexempt DIA from either
the Freedom of Information Act or the Privacy Act, since compli-
ance with thode statutes has not been a problem for DIA and be-
cause both statutes provide adequate protection for classified infor-
mation.
S.
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TITLE V?DEFENSE INTELLIGENCE
AGENCY PERSONNEL MANAGEMENT
IMPROVEMENTS
cerium, meows= MANAGEMINT
SVC. 301. (a) Chapter 83 of title 10. United
States Code, is amended by adding at the
end thereof the following new section:
"11604. Civilian personnel ananagessent
"(a) The Secretary of Defense may, with-
out regard to the provisions of any other
law relating to the number, classification, or
compensation of employees--
"(1) establish such positions for civilian
officers and employees In the Defense Intel-
ligence Agency as may be necessary to carry
out the functions of such Agency;
"(2) appoint individuals to such positions:
and
"(3) fix the compensation of such individ-
uals for service in such positions.
"(b) The Secretary of Defense shall, sub-
ject to subsection (c), fix the rates of basic
pay for positions established under subsec-
tion (a) in relation to the rates of basic pay
provided in the General Schedule under sec-
tion 5332 of title 5 for positions subject to
such Schedule which bare corresponding
levels of duties and responsibilities. Except
In the case of an officer or employee of the
Defense Intelligence Agency serving as a
member of the Defense Intelligence Senior
Executive Service, no officer or employee of
the Defense Intelligence Agency may be
paid basic compensation at a rate in excess
of the highest rate of basic pay contained in
such General Schedule.
"(c) The Secretary of Defense is author-
ized, consistent with section 5341 of title 5,
to adopt such provisions of such title as pro-
vide for prevailing rate systems of basic pay
and to apply such provisions to positions in
or under which the Defense Intelligence
Agency may employ individuals described
by section 5342(0(2 XA) of such title.
"(d) In addition to the basic compensation
payable under' subsection (b), officers and
employees of the Defense Intelligence
Agency who are citizens or nationals of the
United States and who are stationed outside
the continental United States or in Alaska
may be paid compensation, in accordance
with regulations prescribed by the Secretary
of Defense. not In excess of an allowance au-
thorized to be paid by section 5941(a) of
title 5 for employees whose rates of basic
pay are fixed by statute. Such allowances
shall be based on?
"(I) living costs substantially higher than
in the District of Columbia;
"(2) conditions of environment which
differ substantially from conditions of envi-
ronment in the continental United States
and warrant an allowance as a recruitment
incentive; or
"(3) both of the factors described in para-
graphs (1) and (2).
"(eX1) Notwithstanding any other provi-
sion of law, the Secretary of Defense may,
during fiscal years isas and 1988, terminate
the employment of any civilian officer or
employee of the Defense Intelligence
Agency whenever he considers that action
to be in the interests of the United States
and he determines that the procedures pre-
scribed in other provisions of law that au-
thorize the termination of the employment
of such officer or employee cannot be in-
voked in a planner consistent with the na-
tional security. The decisions of the Secre-
tary under this paragraph are final and may
not be appealed or reviewed outside the De-
partment of Defense. The Secretary of De-
fense shall promptly notify the Permanent
Select Committee on Intelligence of the
House of Representatives and -the Select
Committee on Intelligence of the Senate
'"enever this termhiation authority is titer- &lee."
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filth sentence; and
(2) by amending subsection (b) to read as
folloIne
"(b) There shall also be a Deputy Director
of the Office of Foreign Missions. Either
the Director or the Deputy Director of such
Office gull be an individual who has served
in the Dieted States Foreign Service, while
the other of the two shall be an individual
who has served in the United States Intelli-
gence Community."
(d) The amendments made by subsection
(c) shall apply only with respect to any ap-
pointment of a Director or Deputy Director
of the Office of Foreign Missions, as the
case may be, after the date of enactment of
this section.
TITLE VII?GENERAL PROVISIONS
AUTHORITY TOE THE CONDUCT Or INTELLIGENCE
ACTIVITIES
Sac. 701. 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 LE EMPLOY= RIERYITS AUTHORIZED
NY LAW
Sec. 702. 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 in-
creases in such benefits authorized by law.
TITLE VIII?ACTIVITIES114
NICARAGUA
MILITARY OR PARAMILITARY ACTIVITIES
Sze. 801. No funds authorized to be appro-
priated by this Act or by the Intelligence
Authorization Ace for fiscal year 1984
(Public Law 98-215) may be obligated or ex-
pended for the purpose or which would
have the effect of supporting, directly or in-
directly, military or paramilitary operations
In Nicaragua by any nation, group, organiza-
tion, movement, or individual. except to the
extent provided and under the terms and
conditions specified by House Joint Resolu-
tion 648, making continuing appropriations
for the fiscal year 1983, and for other pur-
poses, as enacted.
Mr. GOLDWATERAMr. President,
Today marks the eighth time in as
many years that a separate budget au-
thorization bill has been introduced
for the American intelligence family.
This budget authorization process is
now standard procedure and repre-
sents clear evidence that our constitu-
tional responsibilities can be fulfilled
while, at the same time, maintaining
that element of confidentiality neces-
sary for an effective intelligence
system. ?
Mr. President, no other Natio^ n in
the world does what we have been
doing now for the past 8 years4Ne\
,ptheFNatlon in thee?m-ild---elovrs its'
--legislative branch to oversee, in detail.
arid to. authorize the budget for its
community. I believe that
this is the best system there is to pro=
vide iittowitability for the Intelligence
:activities- of our -Government I also
believe that it an work well to Insure ?
zthat we have a strong and effectivelh-
telligence community which, at the
lame time, is held accountable to-the
cised.
"(2) Any termination of employment
Under this subsection shall not affect the
right of the officer or employee involved to
seek or accept employment with any other
department or steno of the United States
If he is declared eligible for such employ-
ment by the Director Of the Office of Per-
sonnel Management.
"(3) The Secretary of Defense may dele-
gate authority under this subsection only to
the Deputy Secretary of Defense Or the Di-
rector of the Defense Intelligence Agency or
both. An action to terminate any civilian of-
ficer or employee by either such officer
shall be appealable to the Secretary of De-
fense.".
(b) The table of sections at the beginning
of chapter 83 of title 10, United States Code,
Is amended by adding after the item relat-
ing to section 1603 the following Irw kern:
"1804. Civilian personnel management.".
INCHNIC.AL AND commence AMENDMENTS
Sic. 302. (a) Section 5102(a)(1) of title IL
United States Code, is amended?
(1) by striking out "or" at the end of
clause Mile
(2) by inserting "or" at the end of clause
(ix); and
(3) by Inserting after dense (hi) the fol-
lowing new clause:
"(x) the Defense Intelligence Agency, De-
partment of Defense".
(b) Section 5342(aX1) of such title is
amended? - -
(1) by striking out -or- at the end of sub-
paragraph (I);
(2) by inserting "or" at the end of sub-
paragraph (.1); and
(3) by inserting after subparagraph (I)
the following new subparagraph:
"(K) the Defense Intelligence Agency, De-
partment of Defense;".
TITLE VI?COUNTERINTELLIGENCE
AND OFFICIAL REPRESENTATION
POLICY TOWARD muse miners or roan=
sovezencnres
Sec. 801. (a) It is the sense of the Congress
that the numbers status, privileges and im-
munities, travel, accommodations, and facili-
ties within the United States of official rep-
resentatives to the United States of any for-
eign goverment that engages in intelli-
gence activities within the United States
harmful to the national security of the
United States should not exceed the respec-
tive numbers, status, privileges and immuni-
ties, travel accommodations, and facilities
within such country of official representa-
tives of the United States to such country.
(b) Beginning one year after the date of
enactment of this section, and at intervals
of one year thereafter, the President shall
prepare and transmit to the Committee on
Foreign Relations and Select Committee on
Intelligence of the Senate and the Commit-
tee on Foreign Affairs and Permanent
Select Committee on Intelligence of the
House of Representatives a report on the
numbers, status, privileges and Immunities,
travel, accommodations, and facilities
within the United States of official repre-
sentatives to the United States of any for-
eign government that engages in intelli-
gence activities within the United States
harmful to the national security of the
United States and the respective numbers,
status, privileges and immunities, travel,
aconunoaations, and facilities within such
country of official representatives of the
United States to such country, and any
action which may have been taken with re-
(c) Section 203 at the State Department
Basic Authorities Act of 1938 (22 VAC: American-=people through its elected--1
OM is amended-- 4 - ? Cs' ?esentatives. ' -
?
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October 11,1984 'CONGRESSIONAL RECORD ? SENATE S 14259
L. ;
Earlier this year. the Budget Sub-
committee of the Senate Select Com-
\mittee on Intelligence held numerous
closed hearings. The staff has engaged
, in hundreds of hours of interviews and
, briefings in order to pull together the
I bill which have before us today. We
have examined in detail the budgets of
' the Central Intelligence Agency, the
National Security Agency, the intelli-
gence activities of the Departments of
Defense. State, and Treasury, and of
the Federal Bureau of Investigation.
In addition, the full committee met
on numerous occasions to draft and
refine this budget authorization bill.
j In particular, we devoted a tremen-
dous amount of time and attention to
. the administration's covert action re-
quests and activities. So I want to reaf-
firm to my colleagues the seriousness
with which we assume our responsibil-
ities for authorizing these activities.
Also, I would like to reiterate to all
4 Members of this body the documenta-
ry materials in the possession of the
committee are available for their
review. If Members have a question
about what we are doing or what we
have done, let us know, and we will be
glad to share these materials with you
under the provisions of Senate Resolu-
tion 400.--
"Mr. President, I would like to take
this opportunity to thank my col-
leagues for their hard work and effort
in preparing this legislation. In par-
ticular. I would like to thank Senators
WALLOP and INOYUE, the chairman and
vice chairman of our Budget Subcom-
mittee respectively, for .their hard
work in this area. These two gentle-
men and their colleagues on the
Budget Subcommittee are responsible
for much of the work, and they are to
be commended for It. Also, I would like
to thank the staff of the Senate Intel-
ligence Committee and to Acknowledge
the fine work they have done in pre-
paring and presenting this bill. In par-
ticular, I would like to draw attention
to the contribution of Mr. Keith Hall,
the Committee Budget Officer. and
Charlene Packard of the Budget sup-
port staff, who have served us ably
and in a bipartisan fashion over the
past year.
- Mr. President. the Intelligence Au-
thorization Act for fiscal year 1985 is
an Important piece of legislation. Its
provisions are the result of a biparti-
san debate and consensus. I urge my
colleagues to support it.
I ask unanimous consent to have ma-
terial in connection with matter print-
ed in the Racoan.
There being no objection, the mate-
rial was ordered to be printed In the
RECORD, as follow -
EXPLANAIION Of TEl INTnLIGENCE COMMIT-
TEE Armenia= TO 6. 2713, rim lirrinaz-
HENCE AUTHORIZATION ACT TOR FISCAL YZAR
1985 .
. In this explanation, the term "House bill"
refers to MR. 6399 as passed by the House
of Representatives; the term "Senate com-
mittee bill" refers to 8. 2713 as reported
from committees of the Senate and placed
on the calendar, and the term "Senate-
Rouse compromise bill" refers to the Senate
4ntelligence Committee amendment to S.
1713.
SHORT 'MU
. ?
Both the House bill and the Senate com-
mittee bill entitled the legislation the "In-
telligence Authorisation Act for Fiscal Year
1985" and thus the Senate-House compro-
'Vibe bill retains this short title.
anzlioaturioir Of APPROPRIAIIONS
Section 101 of the House bill and section
101(a) of the Senate committee bill were
identical, except for the House use of the
term "intelligence-related activities" and
the line item reference in section 101(10) of
the House bill to the Drug Enforcement Ad-
ministration. The Senate-House compromise
bill retains Section 101 of the House bill.
CLASSIFIED SCHEMA Of AUTHORIZATIONS
Section 102 of the House bill established
the amounts authorized to be appropriated
and personnel ceilings according to a classi-
fied schedule of authorizations prepared by
the House Permanent Select Committee on
Intelligence.
Section 101(b) of the Senate committee
bill established the amounts authorized to
be appropriated and personnel ceilings ac-
cording to a classified schedule of authoriza-
tions prepared by the Senate Select Com-
mittee on Intelligence.
In previous years. the Committee of Con-
ference on the intelligence authorization
acts agreed to legislation which authorized
appropriations and personnel according to a
classified schedule of authorizations pre-
pared by the Committee of Conference. Be-
cause the purpose of the Senate-House com-
promise bill is to avoid such a conference.
there will be no Committee of Conference
to prepare a classified schedule of authori-
zations. Instead, the Senate Select Commit-
tee on Intelligence and the House Perma-
nent Select Committee on Intelligence have
agreed upon a schedule of authorizations
accompanying the Senate-House compro-
mise bill, and this schedule of authorhsi-
-tions has been denominated the classified
Amended Schedule of Authorizations pre-
pared by the Select Committee on Intelli-
gence of the Senate. This amended schedule
is dated October ii, 1984, signed by the
-Chairman and Vice Chairman of the Senate
Select Committee on Intelligence and the
Chairman and Ranting Minority Member
of the House Permanent Select Committee
on Intelligence, and on file at the office of
those committees.
Thus, Section 102 of the Senate-House
compromise bill establishes the amounts au-
thorized to be appropriated and personnel
ceilings according to the classifed Amended
Schedule of Authorizations prepared by the
Senate Select Committee on Intelligence,
which is the Senate-House agreed schedule
of authorizations.
CONGRESSIONAL NOTIFICATION OF REPENDI-
TUIRRS IN EXCESS OF MOCHAS AUTHORIZE-
'LIONS
Section 103 of the House bill and Section
101(c) of the Senate committee bill were
substantially similar, differing only in that
the House bill refers to "intelligence and in-
telligence-related activities" whereas the
Senate committee bill refers to "intelligence
activities".
The Senate-Rouse compromise bill retains
Section 103 of the House bill.
AUTHORIZATION Of APPROPRIATIONS FOR
DZSIGN AND CONSTRUCTION OF AN ADDITIONAL
_SUILDING AT THE CIA SIXADQUARTI:RS COM-
" POUND
Section 104 of the House bill authorized
appropriation of $14.600,000 for a new build-
ing at the CIA headquarters compound
-Section 101(a) and (b) of the Senate com-
mittee bill had the effect of authorizing ap-
propriations of $94.600.000 for ? new build-
ing at the CIA headquarters compound.
?The Senate-House compromise bill au-
thorises 1104.500,000 for the new CIA head-
quarters building.
AIITHORILLTION OF APPROPRIATIONS FOR
COLINTENTSILSOUPA ACTIVITIES OF nut FBI
Section 106 of the House bill authorized
appropriations of $14.500.000 for FBI do-
mestic counterterrorism activities.
The Senate committee bill contained no
similar authorization.
The Senate-House compromise bill retains
Section 105 of the House bilL
PERSONNEL CEILING ADJIISTSITSTS
Section 106 of the House bill and Section
101(e) of the Senate committee bill con-
tained provisions for intelligence personnel
Ceiling adjustments which were identical.
except for technical cross references to
other sections of the bill.
The House-Senate compromise retains
Section 106 of the House bill.
AUTHORIZATION OF APPROPRIATIONS FOR THE
orroxiasscs COMMUNITY STAFF
Section 201 of the House bill authorized
appropriations of $20,300,000 for the Intelli-
gence Community Staff.
Section 201(a) of the Senate committee
bill authorized appropriations of 321.800,000
for the Intelligence Community Staff.
Section 201 of the Senate-Rouse compro-
mise bill authorizes appropriations of
q20.800,000 for the Intelligence Community
Staff.
AUTHORIZATIONS OF PERSONNEL END STRENGTH
FOR THE INTELLIGENCE COMMUNITY STAPP
Section 202(a) of the House bill author-
ized a personnel ceiling of 232 full time per-
sonnel for the Intelligence Community
Staff.
Section 202(b) of the Senate committee
bill authorized a personnel ceiling of 211
full time personnel -for the Intelligence
Community Staff.
The Senate-House compromise bill retains
Section 202(a) of the House bill.
The additional provisions in Section 202 of
the Senate-House compromise bat consist of
identical provisions contained in Sections
202(b) and (c) of the House bill and Sections
201(c) and (d) of the Senate committee bill.
INTELLIGENCE COMMUNITY STAFF ADMINIS-
TERED IN THE SAME MANNER AS CENTRAL IN-
TEL/IGEN= AGENCY
Section 203 of the House bill and Section
201(e) of the Senate committee bill con-
tained identical provisions concerning ad-
ministration of the Intelligence Community
staff.-
Section 293 of the Senate-House compro-
mise bill contains this provision. -
AUTHORIZATION OF APPROPRIATIONS FOR CIA
RETIREMENT AND DISABILITY BYTEM
Section 301 of the Howse bill and Section
301 of the Senate committee bill were iden-
tical provisions authorizing appropriation of
$99,300,000 for the CIA Retirement and Dis-
ability System. .
Section 301 of the Senate-House compro-
mise bill contains this provision.
=mat INTELLIGENCE AGENCY RETIREMENT
AND DISAZIL/TY SYSTEM RULES AND MIRA-
MRS
Section 302 of the Senate-House compro-
mise bill contains an amendment to the
Central Intelligence Agency Retirement Act
of 1964 for certain employees. The current
statutory provision requiring approval of
the leadership of the House and Senate
Armed Services Committees for CIA regula-
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mination conditions, for activities which &epee seeeedeseiee bW as enacted
Section 107 of the House bill addresses- into law normally would refer to a
Section 801 of the Senate-House compro- classified schedule it authorizations
raise bill preserves the authorization of an- by the Committee of Confer-
proeriations contained in the Senate corn- -
mittee bill, but specifies that no funds au- elloo- Becalm ore do riot $11 Pa
thorfted to be appropriated by the Intent- Whit to conference on the bill this
gence Authorization Acts for fiscal years
1984 and 1985 may be obligated or expended
for the purpose or which would have the
effect of supporting, directly or Indirectly.
military or paramilitary operations In Nica-
ragua by any nation, group. organization,
movement, or individual, except to the
extent provided and under the terms and
conditions specified by House Joint Resolu-
tion 848, making continuing appropriations
for the fiscal year 1985, and for other pur-
iposes? as enacted-er_.
Mr. CHAF'EE. Mr. President, it is my
prheltee this year to bring to the floor
the intelligence authorization bill,
which authorizes appropriations for
U.S. intelligence activities for fiscal
year 1985.
Mr. President, because of the delay
that we have experienced in getting
the intelligence authorization tell to
the floor this year, and the very brief
time remaining before final adjourn;
ment of the 98th Congress. the Intelli-
gence Committee has worked with its
counterpart in the House of Repre-
sentatives in an effort to ensure that
the fiscal year 1985 intelligence au-
thorization bill becomes law. This is
important because the bill contains
several meritorious legislative provi-
sions as well as certain recurring au-
thorities and restrictions which wonld, contained in the committee amend-
otherwise_expire._Ineaddition, Sate 1n ment. and I ask unanimous consent
telligence authorization bill is the
Principal means by which the House
end Senate Intelligence Committees
Provide guidance to the Intelligence
Community in the exercise of Con-
gressional oversight. For these reit-
sons. failure to enact an intelligetice
? aiithorization bill would have signifi-
cant adverse consequences for the In-
eenigence Community and-for congres-
sional oversight.
-Miee-Pteraident, this ainendment in
effect represents an agreement with
the House that will obivate the need
for a conference. It is our expectation
year. It is necessary to make reference
to anotber document which contains
the agreements on authorization
which have been reached with the
House. Thus, the classified amended
schedule of authorizatiohs prepared
by the Senate Select Committee on In-
telligence will have the same force and
effect as that normally given to the
classified schedule of authorizations
which is usually prepared by the Com-
mittee of Conference. Mr. President,
the agreement worked out with the
House also are reflected In an amend-
ed classified supplement to the Intelli-
gence Committee's Report on S. 2713.
This document will,, therefore, have
the same force and effect as that nor-
mally given to the classified supple-
ment to the conference report.
1 emphasise. Mr. President, that
with respect to the Nicaragua issue
the committee amendinent contains a
provision consistent with the agree-
ment that has just been reached in
the context of the conference report
on House Joint Resolution 848, the
further continuing appropriations res-
olution.
Mr. President. I have prepared a de-
tailed explanation of the provisions
that it be printed in the RECORD at this
point
Mr. President. I also wish to point
Out that section 601 of the committee
amendment represents a compromise
between the Intelligence Committee
and the Foreign Relations Committee
on a legislative provision pertaining to
the hostile intelligence presence in the
United States. /t is my understanding
that this compromise is acceptable to
the Foreign Relations Committee and
the administration. -
Mr. President, as I have already indi-
cated, we do not expect to leave a con-
that the House will agree to accept ference or a conference report on the
this amendment. In this connection, I intelligence authorization bill this
should point out there are certaindsty- year, and the explanation of the corn-
listic and technical differences be- inIttee amendment that I have just
tween the committee amendment and submitted is intended to serve in lieu
the bill that we normally consider in of a conference report in explaining
the Senate. These differences are nee- the provisions in the Intelligence Au-
essary because we expect that the text thorization Act for Fiscal Year 1965.
of the bill which we pass today will be Additional legislative history Can be
the text enacted into law. I want to found in the Senate and House
InteW-
assure interested Members that these Bence Committee Reports on the bill.
differences are dictated by the exigen- that is, Senate Report 98-841 and
cies of the moment, and that they are House Report 98-743. -
not in any way meant to alter existing This legislation authorized &Pero-
understandings within the Senate con- _ priations for those programs and ao-
cerniiag the jurisdiction of various tivities of the U.S. Government which
committees over certain intelligence- serve the intelligence needs of an na-
related activities. tional policymakers. This includes the
Mr. President. it is important to note Central Intelligence Agency and the
that section 102 at the committee National Security Agency, well as
amendment refers to the classified the national intelligence activtties of
amended schedule of authorfeatiomr the Departments of Defense. Stale,
prepared by the Select Committee an, Treasury. and Energy, and the?Pederat
Intelligence of the Senate. The Intent- Bureau of Investigation,. The bill also
TE Cktober 11, 19114
authorizes appropriations for the in-
telligence 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-
ligence agencies.
. 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.
This year, as in the past, the Commit-
tee conducted a comprehensive exami- ,
nation of the intelligence budget re-
quest, which included testimony from
the Director and Deputy Director of
Central Intelligence, key Defense De-
partment officials, and each of the
principal,. intelligence program manag-
ers. In addition, for the first time we
rom the
Nation's leading consumers of intelli-
testimony
gence-people whose nee Communityds the Intelli-
gence tfoound ty df
his Instructive,tesony t
i and
we intend to continue the dialog with
intelligence consumers in the future.
TWeilffe?elievei that)
airengthenieg and improving the MS/
Intelligence system should remain
-aniongour hie hest national priorities.-)
As we have emphasized in the past, ine
vestment in intelligence must grow to
Leisure that the Intelligence Coniniu----
ntty is able to meet the challenges
that our Nation will face in the late
1980's and beyond. The committee rece?
Ognises that increased-ln-vestment
alOne-will-not necessarily lead to the,
intelligence capalailities required In
the years ahead. We must also be
More innovative in crafting the Na-
ton's intelligence activities. It is only
through innovation, for example, that
we will be able-to cope with the serious
Challenges posed by adversaries who
'appear to possess a good understerien
Ing of current U.S. intelligence cepa!
bilities and who employ this knowl7
edge in efforts to frustrate our collec-
tion activities. lam-pleased to report'
that the measure we will bring before
the Senate fosters such innovation in
a number of critically important areas.
I firmly believe that these steps place
us on a path that will lead to develop-
ment of the type of intelligence cape-
beetles that will be vital for the main-
tenance of our national security.
Given the sensitivity of the matters
dealt with in the intelligence authori-
zation bill. I cannot discuss details In
open session. These matters have.
however, been set forth hi the classi-
fied amended schedule of authoriza-
tions and thoroughly discussed in the-
emended ciassified supplement to the
committee's report. These documents
are available to Members under the
Provisions of Senate Resolution 400 of
the !nth Congress. ,
Mr. President. I also wish to point
out to the Senate and to the American
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public something that la often over- Ida BAKER. 1dr. President, I ask
looked, but is critical to the pubUcs amanimouis consent qua -the Senate
understandtng of US latefllgeae. .1row proceed lo Ore consideration of
The nature of intelligence activititta re- Calendar Mo. 1100, Hit. IMO
quires that suttees be seeret. On the The PRESIDING OFFITIER. The
other hand.- the nature of nut society bill nil] he stated by me. r .. ,
is such that controversy iniattenigehaa The bill clerk read as follows:
activities will often lead ln_public.? A bill tan. WOW to witted= arpreavia-
debate based on lineetdationA sum:meal:tons tor fiscal year MS far intelligence and
PresideTrit Ebenhovrer 'summed It op intelligence-related activities of the Vatted
best when he said of tntelligence:? .--.=-Th 'States Government the hatelligeace Coa-
sumen timnot be lideeruseil, failure, 2nursity Staff. and the Central Intelligence
.c;answit be explained In the wort of intelli,) AdeneY _ReUrenaent and DiaangitY awes..
haves ate endeceraied end ensung.i - and for miler DurPoses.
\ often even among their own traterwity. ? The PRIV3IDING OFPICSR. Is
!Their insigraMe h rooted hi Patrierina there objealon to the present wapiti-
lb, eir reward can be btUe. _,_excePt- _the 'Ma_ ?vie' eration of the bill? ?
hoc that they are Periormum ailnique auzw-N- There being no objection, the !fermis
indispensable service ter their country. and i 'proceeded to consider the MI
Mr. BAKER. Mr- President. I !Dove
to strike all after the enacting clause
'of this measure and to insert in lien
_
thereof the test of S. V13, as emend-
ed. which has been advanced to third
reading in the Senate.
The PRESIDERG OFFICER. The
!question Is on agreeing to the motion.
The motion was agreed to.
? Mr. MOYNIHAN. Mr. President.
this will be the last authorization that
Senator GoLDWATICE and I will have
brought to the floor in behalf of the
committee- I /egret that he ts neces-
sarily absent.
I should like to record that this Is
the largest authorizatirm bill In the
history of the intelligence community
anal of our oonamIttees. ? ---
I think the public is entitled to know
the sustained increase in the budgets
of the intelligence commimity which
began in fiscal year 19711 and in the
budgets proposed in 19741. has now
itbout reached the limit of our expec-
tations, and the out-year growth at
these programs associated with tech-
nological developments is going to be
(the knowledge that America needs and op-
'predates their efforts-. -'---
(1N1f7Presidevrt, 1, as one whoee?f-evs
on the Intelligence Mee, want
empbasiae that there is much to be
Proud Otis the-Nation's Intelligente
effort. There are many "quiet soccese-)
(a." Omni the things that haistrock
int in my service an thenoniMittee
, the sacrifice we dents:rid of the men
and women in the intelligenCe proles-
aion who ate repnnsahle for theie
('quiet Successes." They conidltate the
Nation's first line-of-defenae, and their
Contributions are critiCally timpOrtruit
sicurity. Yet. there
can be no public acclaim er recogni-
tion of their accomplishmenta, dedita-
hon. professionalism. or bravery._?
Mr. President, on the wall in the en-
trance foyer to the CIA headquarters
building In Virginia, you will Livid a
star for each of those CIA officers who
have given their lives while In "quiet"
service to their country. The nanies of
some of these Individuals are noted.
but the names of callers, given the
nature of their work, cannot be re-
vealed to the public. The number of
those stars has, tmforttmately, been
Increasing in recent years. Mr. Presi-
dent, I can think of no more poignant
symbol of quiet service to the Nation
than those - stars 'associated with
names that must remain secret,
So, Mr. President, I think we would
all do well to reflect on this aspect of
the intelligence profession whenever
' We feel strongly' that the intelli-
gence oversight committee syst is
em
working and has worked. I spoke this
Morning of one failure In that system,
when the community dad not consult
with ticiPconanaittees before going for-
ward with an operation in Central
America which many thought to be
we debate or consider a matterait_oon- beyond the limits of legality and of
troversy in U.S. intelligence. We se 10 Prudence- , r-- -
titIon owe a d&b1 grattrialt---Co- - In tae aftermath of that event. we
People in the Intelligence Commurdty have developed new relations with re-
that we cannot name, for accomplish- EPect to consulatlon. But I wish it un-_
menu that cannot be trumpeted. 17 derstood that between the time I
Salute the men and *amen of our in- spoke this morning and this hour in
,telligence Community-those who the early afternoon, the US. Senate.
lhaye served, those who are presentha_ al a vete of 78 to 11. has agreed bo a
'serving, and those yet to cosse-and-Continillng resolution which. In effect
thank them for their unique sactitioe-
-The PRESIDING OFFICER.- The
question is on agreeing to the substi-
tute amendment.. , -
The substitute amencknent - (No.
1103) was agreed to.
The PRESIDING OFFICER. The
question is on the engrossment and
third reading of the bilL .
The bill was ordered to be engrossed
for a third reading and was read the
third time. -
puts' an end to the President's options
in- Central America-very much
against his wishes, and he may be
right in that regard. -
"However. It should be understood
that when only 11 Members of the
Senate would oppose such a measure-
and of those 11,. I do not think more
than I would have done so on this
basis-there has been a failure of Arne-
'Mining In the executive branch; and it
the President or the ,Secretary ot
'State Of the National Security Advisor
airlines W10* to see What went wrong.
they need to look to their own sr-
tenements. What went wrong was
that We vidationahip at trust bestween
l'the oommurdty and Congress was not
observed-the only such breach am
aware of in II years in this committee-
and It has had consenttences.
I do not weak Oe the question
whether the policies Nicaragua are
right or wrong. am jest saying that
the people who serve the President
have served tdza very poorly Uby their
eondoet they have made it Impossible
for him to prime those policies as he
hoped to do. This has happened now,
and perhaps we can learn from it. If
we do not, I suppose it will happen
again.
Mr. President, before closing, while
mane Members are In the Chamber, let
me observe that this measure, which is
being passed on the imardmous-con-
tient calendar, is one of the largest and
most Important pieces of legislation
Congress will deal with this year. Mat-
ters of the utmost Importance to the
national security are involved here.
We come with a unardmous Senate.
We have worked In a bipartisan mode
to bring this matter here.
Mr. President, in Quiet summary.
this measure is being adopted on the
unanimous-consent calendar, and that
reflects not only the importance of the
abeSSure, but also The bipartisan sup-
port for It. On Its own, were ft not for
the nature of the subject matter, this
could occasion a week's debate in the
Senate. It batiolves Issues of the very
utmost tmportanoe to the national se-
curity and to the security of the world.
These have been resolved hi an ex-
emplary manner by oar budget sub-
committee headed by the distin-
guished Senator from Wyoming (Mr.
Wau.or) and the equally distinguished
Senator from Hawaii (Mr. brocryza
who have served so diligently these
last 4 years as the subcommittee's
chairman and vice chairman respec-
tiveta.
That we bring this to the Chamber
In unanimous manner, I think re-
flects not only on them, but on the
singularly capable staff. And they will
rarely hear their names at all in the
chamber, so let me take a moment of
the Senate's Dine to read them and
record their merit.
Mr. Keith Hall, our budget officer,
has handled s task of extraordinary
complexity. Ten different organiza-
tions are involved in this, and the
issues involved are the highest and
most technical. ?
Mr. Robert Simmons, our staff direc-
tor, has managed the operation
throughout
Mr. Gary Chase, our chief counsel.
has been a fount of continued support
and judgment in these matters.
Mr. Daniel Finn, an accomplished at-
torney, has been the designee of Sena-
tor lin:poet on the budget committee,
and Dr. Angelo Coder/Ma has been the
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7
designee of Senator WALLOP. who have
worked in silent labor for 11 months
on this enterprise.
Finally, Mr. Peter Sullivan. the mi-
nority staff director and counsel, has
been a source of good cheer and good
counsel throughout.
Mr. President, on behalf of the
members of the committee, I wish to
express our gratitude to them and all
of their colleagues on the committee's
dedicated professional and support
staff.
As I said earlier, this will be my last
opportunity to thank them as vice
chairman. If Senator Ootowsras were
able to be present, he would do the
same. I do so on his behalf.
So, Mr. President, to these duties,
adieu.
Mr. BAKER. Mr. President, the bill
is before the Senate, and I take it
there are no further amendments.
The PRESIDING OFFICER.. The
bill is before the Senate and open to
amendment. If there be no amend-
ment to be proposed, the question is
on the third reading and passage of
the bill.
The bill (H.R. 5399) was ordered to a
third reading, was read the third time,
and passed.
Mr. BAKER. Mr. President, I move
to reconsider the vote by which the
bill was passed.
Mr. MOYNIHAN. Mr. President, I
move to lay that motion on the table.
The motion to lay on the table was
agreed to.
Mr. BAKER. Mr. President. I ask
unanimous consent that 8. 2713,
which was taken up initially, be indefi-
nitely postponed.
The PRESIDING OFFICER. With-
out objection, it is so ordered. - -?
MARITIME APPROPRIATION AU-
THORIZATION ACT FOR
FISCAL YEAR 1985
Mr. BAKER. Mr. President, there is
only one other matter that I have
cleared presently for action by unani-
mous consent, and the minority leader
has indicated his approval and consent
to this action. I ask the Chair to lay
before the Senate Calendar Order No.
869.
The PRESIDING OFFICER. The
bill will be stated by title.
The bill clerk read as follows:
A bill (S. 2499) to authorize the appropria-
tion of funds for certain maritime programs
for fiscal year 1985.
There being no objection, the Senate
proceeded to consider the bill, which
had been reported with amendments,
as follows:
On Page 2. line 10, strike "$75.1107,000"
and insert "$80.807,000".
On Page 2, line 16. strike "$11,200,000"
and insert '116,200,000". ?
On page 2.11rte 17. strike "academies," and
Insert "academies (of which $5,000,000 shall
be for the conversion of the vessel Santa
Mercedes for use as a suitable training
vessel).".
So as to make the bill react
5.1499 ' ? ? ;
Be U enacted ty Me Senate and Rouse 441
Representatives of Me United States of
America in Congress assembled, That this
Act may be cited as the "Maritime Appro-
priation Authorisation Act for Fiscal Year
1985".
Sac. IL Funds are authorised to be appro-
priated without fiscal year limitation as the
appropriation Act may provide for the use
of the Department of Transportation for
fiscal year 1985 as follows
(1) for payment of obligations Incurred for
operating-differential subsidy, not to exceed
1377.750.000:
(2) for expenses necessary for research
and development activities, not to exceed
$10,000,000; and
(3) for expenses necessary for operations
and training activities. not to exceed
$80.807,000, Including not to exceed?
(A) $42,550,000 for maritime education
and training expenses, including not to
exceed $21,940,000 for maritime training at
the Merchant Marine Academy at Kings
Point. New York. $16.200.000 for financial
assistance to State maritime academies (of
which 85,000.000 shall be for the conversion
of the vessel Santa Mercedes for use as a
suitable training vessel). $3,000,000 for fuel
oil assistance to State maritime academy
training vessels. and $1.410,000 for expenses
necessary for additional training:
(Si $9,111,000 for national security sup-
port capabilities. including not to exceed
$7,506,000 for reserve fleet expenses, and
$1,605,000 for emergency p)anning/oper-
ations: and
(C) $29,146,000 for other operations and
training expenses.
Sec. 3. Funds are authorized to be appro-
priated for the use of the Federal Maritime
Commission, hi the amount of $12,292,000
for fiscal year 1985.
The PRESIDING OFFICER The
bill is open to further amendment. If
there be no further amendment to be
proposed, the question is on agreeing
to the committee amendment
The committee amendment was
agreed to.
The bill was ordered to be engrossed
for a third reading and was read the
third time.
The PRESIDING OFFICER. The
bill having been read the third time.
the question is, Shall it pass? .
So the bill (S. 2499) was passed.
Mr. BAKER. Mr. President, move
to reconsider the vote by which the
bill was passed.
Mr. THURMOND. Mr. President, I
move to lay that motion on the table.
The motion to lay on the table was
agreed to.
: .
- ? ?
ROUTINE MORNING BUSINESS
Mr. BAKER. Kr. President, I ask
the Chair to inquire if there Is further
morning business. --
The PRESIDING OFFICER. Is
there further morning business?
The Senator from Tennessee Is rec-
- ? ?
TRIBUTE TO TSLi -13kNioR? . ?
Mr. SASSER. Mr. isreedent.I rite
today to pay triNte to My lint,* col-
league from TennesSee iond ' toy good
ffilend. the majority leader. HOWARD
HAKIM. e
In the 8 years that I have served in
this body, it has been a genuine pleas-
ure and honor to serve with HOwARD
Balm. and he will surely be missed by
Members on both sides of this aisle.
HOWARD BAKER- has, without ques-
tion, been one of the most effective
majority leaders in the recent history
of this body. He has exercised the
duty of majority leader with keen in-
tellect and with a cool temperament
that this position demands.
During his tenure, HOWARD BAKER
has developed an uncanny ability to
find the middle ground where others
have found only acrimony and intran-
sigence. ?
Mr. 1 President, my colleague from
Tennessee, has a genius for compro-
mise. It is a gift that has served him
well throughout his distinguished
career.
Senator 13,twitx is a consummate poli-
tician and a very effective spokesman
for his party. Yet when the interests
of the Nation are at stake he-has risen
above partisanship and risen above
party politics to fashion a credible and
appropriate compromise.
Much like his father-in-law, Everett
Dirksen, he has not shied away from
taking stands on issues which at the
time were politically unpopular. He
has taken positions on some issues
which in the long run proved to better
serve this Nation and its people and
Indeed the peoples of the world.
I well remember his role in winning
ratification of the very controversial
Panama Canal treaties which demon-
strated his willingness to disregard his
own political interests for the sake of
larger policy concerns.
He was admired by many in this
body, including this Senator, for the
position he took at that time, and on
many other issues.
HOWARD BAKER hss been a voice of
reason in the Senate and he has been
a calming influence as we considered
$uurie of the most difficult issues of our
tinso
And Lwould say, Mr. President, that
whoever succeeds him faces a tremen-
dous challenge In attempting to fill his
shoes.
As a native son of Tennessee I have
shared the pride of others from our
State in the career of my senior col-
league. HOWARD BAKER has reflected
credit on all of us through his rise to
national prominence as majority
leader, as a candidate for President of
the United States, as one who has
been often mentioned for Vice Presi-
dent, and for the important post of
Secretary of State.
? Although we find ourselves on dif-
ferent "sides of the aisle. HOWARD
Bin=? has been a cooperative and
helpful colleague.
I have found him to be a colleague
Of unusual magnanimity, unflawed by
the selfishness and pettiness which
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