POC'S FOR HPSCI-DIRECTED PERSONNEL STUDY

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CIA-RDP90-00530R000902150006-4
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RIPPUB
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K
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9
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December 27, 2016
Document Release Date: 
March 8, 2013
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6
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Publication Date: 
November 21, 1986
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MEMO
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Declassified in Part - Sanitized CoovAooroved for Release 2013/03/08: CIA- 2DP90-00530R000902150006-4 TRANSMITTAL SLIP DATE 21 November 86 TO: AD/PPS ROOM NO. BUILDING REMARKS: . . FROM: ROOM NO. BUILDING EXTENSION Declassified in Part - Sani ized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 MAY t'S USW' (47) STAT Declassified in Part - Sanitized Copy Approved for Release 2013/03/08 : CIA-RDP90-00530R000902150006-4 Declassified in Part - Sanitized Copy Approved for Release 2013/03/08 : CIA-RDP90-00530R000902150006-4 Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 DCl/ICS 86-3140 21 November 1986 MEMORANDUM FOR: Acting Director, Policy and Planning Staff, Intelligence Community Staff FROM: Director, Intelligence Community Staff SUBJECT: Congressionally Directed Action from the House Permanent Select Committee on Intelligence REFERENCE: Section 507 of the FY 1987 Intelligence Authorization Act 1. Section 507 of the subject Act contains a provision which requires a joint DCI-SECDEF report covering the personnel systems of CIA, DIA, NSA and the civilian intelligence personnel of the military services. This report, which must be unclassified, is to address five broad areas of interest as outlined under section 507. 2. The report is due to Congress on 3 January 1987. Unfortunately, inasmuch as the due date was actually written into the law (instead of being set in the accompanying report), the HPSCI staff has advised us that they lack the authority to grant any extensions to the reporting deadline. 3. I would like you to take the lead in pulling together the individual NFIP agency contributions, and to work with Mr. Craig Wilson in C3I in preparing a document that can be jointly signed by the SECDEF and the DCI as requested. 4. I have attached for your reference an excerpt from the Congressional Record which contains the law, as passed, and the appropriate section of the Conference Report which contains additional information on this provision. If any questions arise, please contact of our Legislative Liaison office. They can be reached at Attachments: As Stated 'war' .elnz Lieutenant General, ?711, Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 Declassified in Part- Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 Octtther'll, INS CONGRESSION-AL RECORD?HOUSE 118869 same weTe affiliated whir the' vigilan- tes that have cropped- MT in Arizona who were. &Ohm out.. Wain, it upon themselltes. to. awes& people, they thought.were.aliens: and still are.. Others that* them' were- associated with; the Aryan. Brotherhaoch_ which as. you, know' from having, read in the newspaper: has, created quite- a bit of dilemma ter law enforcement agents in theMiddle West Whether. that. is true or not. I did not. think it was any of my. business in the. absence of absolute verifiable in- formation which came after the shoot, ing-deathz and which I could see that the. municipality- did: not and does not have the-resources to really go into a comprehensive review that only such agencies_ as the Federal Bureau of In- vestigationhave. So I wrote a- letter and called and re- quested personally of, Director. Web- ster. wha had beett kind' enoughto call me. after 2 years. of speaking on this floor on the Judge Wood case, for which I was ridiculed, criticized, and what not He called me at my home in San An- tonio one day, a Friday, and said: I want you to be the first to know that the first breakthrough in our indictments of what will be people charged with the murder of Judge Wood will be announced, and I wanted you to know first, ahead of time, because we gave you credit, more than any other person, for having enabled us to get the resources to resolve the crime. What I am saying today, though, is that that crime really has not been fully resolved. Yes, we had five indict- ments. we had about three or four convictions; but those are not the moving spirits behind it all. We talk about curbing drugs. We are doing less now in curbing this multibillion-dollar exchange of stolen vehicles south of the border, coming back in the form of drugs than we were in 1979. Judge Wood became a target be- cause they considered him harsh. Harsh. But who were the individuals involved? Were they the top? Well, I am sure they are not, because we have reached the point, as I said for those 2 years. where in our country crime and criminal behavior of the most sophisti- cated kind is so enmeshed within the political and the business?we have businesses, banks, shopping centers. savings and loans, other big corpora- tions, insurance corporations, that have literally been taken over by the mob: but it is done in late 20th-centu- ry fashion. So well that many of the people in- volved in the businesses do not even know who really controls it. Even now our own President, I have never heard him come out strong against organized crime. It is now revealed what a lot of us had reason to know, that when he got started in making his $4 million in Hollywood. that it was enabled to be done so because those powerful pan- jandrums that enabled him to become a millionaire four times over were linked cheek by jowl with the highest, sophisticated, criminal: organized' ele- ment in our country. Does that mean the President. knows It? No. As. one very,.very famous figure in the so,called.stopping of the French connection in the Northeast. meaning the importation of hard drugs, co- caine. said: Well, we'll soon see where we will elect a President who will not know that organized crime put himthere until he gets the bill to pay. I hate to say this, but it is true. We have put out law enforcement agents where they cannot buck that kind of combination. They, cannot possibly penetrate it. In my city of San Antonio, which ac- tually should not get that kind of rep- utation because it never has been a headquarters: at best it has been a way station. When the French connec- tion was stopped, then the brown heroin was open, and it came from Co- lombia and Bolivia and. through Mexico. Then when that, after a lot of us got to yelling about it. it opened up in greater strength in the Caribbean and up through Florida. where it is still unstopped. We can send all the soldiers we want, but until we address the fundamental reason and the cause for the demand in our country, until we can give our law enforcement agents the power to really uproot the main brains behind it. we will continue to have King Crime in full emperor's robes. Mr. Speaker, I yield back the bal- ance of my time. CONFERENCE REPORT-ear Eit Mr. HAMILTON submitted the fol- lowing conference report and state- ment on the bill (H.R. 4759) to author- ize appropriations for fiscal year 1987 for intelligence and intelligence-relat- ed activities of the United States Gov- ernment, for the Intelligence Commu- nity Staff. for the Central Intelligence Agency Retirement and Disability System, and for other purposes: CoRrEnErwz REPORT (H. RErr. 99-952) The committee of conference on the dis- agreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 4759) to authorize appropriations for fiscal year 1987 for intelligence and intelligence- related activities of the United States Gov- ernment, for the Intelligence Community Staff, for the Central Intelligence Agency Retirement and Disability System, and for other purposes, having met, after full and free conference, having agreed to so recom- mend, do recommend to their respective Houses as follows: That the House recede from its disagree- ment to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be in- serted by the Senate amendment insert the following: That this Act may be cited as the "Intelli- gence Authorization Act for Fiscal Year 1987". TITLE I?INTELLIGENCE ACTIVITIES ALTHORIZATION OF APPROPRIATIONS Sec. 101 Fundh are hereby authorized to be appropriated for fiscal year 1987- for the con- duct of the intelligence and intelligence-re-- kited activities of the following elements of the United States Government.' (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army. the 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 AUTHORIZAI70N5 . Sec. 102. (a) The amounts authorized to be appropriated under section 101, and the au- thorized personnel ceilings as of September 30, 1987, for the conduct of the intelligence and intelligence-related activities of the ele- ments listed in such section. are those speci- fied in the classified Schedule of Authoriza- tions prepared by the Committee of Confer- ence to accompany H.R. 4759 of the Ninety- ninth Congress, That Schedule of A uthoriza- lions shall be made available to the Commit- tees on Appropriations of the Senate and House of Representatives and to the Presi- dent. The President shall provide /or suita- ble distribution of the Schedule, or of appro- priate portions of the Schedule, within the executive branch. (b) Funds appropriated to the Department of Defense for fiscal year 1987 for intelli- gence and intelligence-related activities and listed under the heading "ADD1770NAL SPECIFI- CALLY AUTHORIZED scrtinnes" in the Schedule of Authorizations to which subsection (a) refers, shall be considered to be specifically authorized by the Congress for such activi- ties for purposes of section 502 of the Na- tional Security Act 01 1947. notwithstanding the absence of authorizations of appropria- tions for such activities in this Act PERSONNEL CEILING ADJL'STMEISTS Sec. 103. The Director of Central Intelli- gence may authorize employment of civilian personnel in excess of the numbers author- ized for fiscal year 1987 under sections 102 and 202 of this Act when he deter,7, nes that such action is necessary to the p, rina Ise of important intc:1:gence ,tunc!.ic excrpt that such number may not. for any e7erent of the Intelligence Communzty. exceed 2 pe- cent tort of the number of civilian personnc: 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 r:f? Representatives and the Select Committee on Intelligence of the Senate whenever he ex- ercises the authority granted by this section. A LTTIGR/TY FOR 77IE CONDUCT OF INTELLIGENCE ACT7W177ES Sec. 104. 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. i.voREAsEs IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW SEC. 105. Appropriations authorized Oil 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 in? creases in such compensation or benefits au- thorized by law. Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 H 8870 CONGRESSIONAL RECORD ? HOUSE RESTRICTION ON SUPPORT FOR MILITARY OR PARAMILITARY OPERATIONS IN NICARAGUA SEC. 106. Funds available to the Central Intelligence Agency, the Department of De- fense, or any other agency or entity of the United States involved in intelligence ac- tivities may be obligated and expended during fiscal year 1987 to provide funds, materiel, or other assistance to the Nicara- guan democratic resistance to support mili- tary or paramilitary operations in Nicara- gua only as authorized in section 101 and as specified in the classified Schedule of Au- thorizations referred to in section 102, or pursuant to section 502 of the National Se- curity Act of 1947, or pursuant to any provi- sion of law specifically providing such funds, materiel, or assistance. RESTRICTION ON INTELLIGENCE AGENCY COOPERATION WITH SOUTH AFRICA Sec. 107. No agency or entity of the United States involved in intelligence activities may engage in any form of cooperation, direct or indirect, with the Government of South Africa, except activities which are reasonably designed to facilitate the collec- tion of necessary intelligence. It is the policy of the United States that no agency or entity of the United States involved in intelligence activities may provide any intelligence in- formation to the Government of South Africa which pertains to a South South Afri- can internal opposition group, movement, organization, or individuaL Any change in such policy, or the provision of intelligence information contrary to such policy, shall be considered a significant anticipated in- telligence activity for purposes of section 501 of the National Security Act of 1947. TITLE II?INTELLIGENCE COMMUNITY STAFF AUTHORIZATION OF APPROPRIATIONS Sec. 201. There i.s authorized to be appro- priated for the Intelligence Community Staff for fiscal year 1987 the sum of $22000000. AUTHORIZATION OF PERSONNEL END-STREVGTH Sec. 202. (a) The Intelligence Community Staff is authorized two hundred thirty seven full-time personnel as of September 30, 1987. Such personnel of the Intelligence Commu- nity Staff may be permanent employees of the Intelligence Community Staff or person- nel detailed from other elements of the United States Government. (b) During fiscal year 1987. 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 intelligence and in- telligence-related activities. (c) During fiscal year 1987. 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 1987, 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 01 1949 (50 U.S.C. 403a et seq.) in the same manner as activities and personnel of the Central Intelligence Agency. TITLE III?CENTRAL INTELLIGENCE AGENCY RETIREMENT AND RELATED MATTERS AUTHORIZATION OF APPROPRIATIONS SEc. 301. There is authorized to be appro- priated for the Cental Intelligence Agency Retirement and Disability Fund for fiscal year 1987 the sum of $125,800,000. SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES OF CIA EMPLOYEES Sec. 302. (a) Part C of title II of the Cen- tral Intelligence Agency Retirement Act of 1964 for Certain Employees is amended by adding at the end thereof the following new section: "SURVIVOR BENEFITS FOR CERTAIN OTHER FORMER SPOUSES Sec. 224. (a)(1) Any individual who was a former spouse of a participant or former participant on November 15, 1982, shall be entitled, to the extent of available appro- priations, and except to the extent such former spouse is disqualified under subsec- tion (b), to a survivor annuity equal to 55 per cent um of the greater of? "(A) the full amount of the participant's or former participant's annuity, as comput- ed under section 221(a); or "(.13) the full amount of what such annuity as so computed would be if the participant or former participant had not withdrawn a lump-sum portion of contributions made with respect to such annuity. "f2) A survivor annuity payable under this section shall be reduced by an amount equal to the amount of retirement benefits, not in- cluding benefits under title II of the Social Security Act, received by the former spouse which are attributable to previous employ- ment of such former spouse by the United States. "(b) A former spouse shall not be entitled to a survivor annuity under this section if? "(1) an election has been made with re- spect to such former spouse under section 223; -(2) the former spouse remarries before age fifty-five: or "t3) the former spouse is less than fifty years of age. "(e)( 1) The entitlement of a former spouse to a survivor annuity under this section? "(A) shall commence? "(i) in the case of a former spouse of a par- ticipant or former participant who is de- ceased as of the effective date of :his section. beginning on the later of- -(1) The sixtieth day after such dot,: or "(II) the date such former spouse retches age fifty; and "ail in the case of any other :":,,rr:er spouse, beginning on the latest of? "(I) the date that the participant or former participant to trhoni the former spouse was married dies; "(II) the sixtieth day after the effective date of this section; or -arn the date such former spouse reaches age fifty; and "(3) shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age fifty-five. "2)(A.' A survivor annuity under this sec- tion shall not be payable unless appropriate written application is provided to the Direc- tor. complete with any supporting documen- tation which the Director may by regulation require, within thirty months after the effec- tive date of this section. "(B) Upon approval of an application pro- vided under subparagraph (A), the appropri- ate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section. but in no event shall a survivor annuity be payable under this sec- October 1, 1986 lion with respect to any period before the ef- fective date of this section. "ID The Director shall? "t1) as soon as possible, but not later than surly days after the effective date of this sec- tion, issue such regulations as may be neces- sary to carry out this section: and "(2) to the maximum extent practicable. and as soon as possible, inform each indi- vidual who was a former spouse of a partici- pant or former participant on November 15. 1982, of any rights which such individual may have under this section.". lb) Section 14(a) of the Central Intelli- gence Agency Act 01 1949 (50 U.S.C. 403n(a) I is amended by inserting "224," after "222. 223,". (c) For fiscal year 1987, not to exceed $500.000 shall be available from amounts appropriated under the authority of section 101(1) of this Act for survivor annuities under section 224 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees and under the amendment made by subsection (b) of this section. (b) The amendments made by this section shall take effect on October 1, 1986. HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES Sic. 303. (a) The Central Intelligence Agency Act of 1949 is amended by adding at the end a new section as follows: "HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES "Sec. 16. /a/ Except as provided in subsec- tion (ala), any individual? "(1) formerly married to an employee or former employee of the Agency, whose mar- riage was dissolved by divorce or annulment before May 7, 1985; "(2) who, at any time during the eighteen- month period before the divorce or annul- ?-ent became final, was covered under a health benefits plan as a member of the family of such employee or former employee,' cd "t31 who was married to such employee for not less than ten years during periods of service by such employee with the Agency, at least five years of which were spent outside the United States by both the employee and the former sponse, is eligible for coverage under a health berze- fits plan in accordance with the proris:ons of this section. b),li Any inditidual elig?ble for corpr- ace under subsection (a., may enroll in a hect:h bene-its pZan for setf alone or for ard f'0,0u5 if before the ezpirat:::n -)/ the s%r-,-w nth period beglnnzng on :!he C dote ot this section, and vt accordonct, atth such procedures as the Director of Ike Ohce of Personnel Management shall be regtaa- lion prescribe, such individual? "f.4) files an election for such enrollment: and "B) arranges to pay currently into the Employees Health Benefits Fund under sec- tion 8909 of title 5, United States Code, an amount equal to the sum of 'the employee and agency contributions payable in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of benefits. -(2/ The Director of Central Intelligence shall, as soon as possible, take all steps prac- ticable? '(A.' to determine the identity and current address of each former spouse eligible for corercge under subsection (a); and "18) to notify each such former spouse of that individual's rights under this section. "(3) The Director of the Office of Person- nel Management, upon notification by the Director of Central Intelligence, shall waive Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 October 1, 1.986 CONGRESSIONAL RECORD ? HOUSE 11 SS71 the six-month limitation set forth in para- graph (i) in any case in which the Director of Central Intelligence determines that the circumstances 90 warrant. "(cif 1) Any former spousei who. remarries before age fifty-fjve. is: not: eligible to make an election under subsection. (WM "I 2)? Any- former- spouses enrolled in a health benefits plan purmorat:t0..au.eleetion under subsection (bi(l) may continue the enrollment:under the conditions of eligibil- ity. which the: Director-of the Office of Per- sonnel Management shall by regulation.pre- scribe, except; that any former spouse who remarries befcrreagefifty-fine shall not be.el- igible for continued. enrollment. under this section after the, end V of the. thirty-one-day periort beginning an the date of remarriage.. "td.)? indirinnel may be covered by a. health. benefits plan- under this section during-any period ire which such individual is enrolled, in a. health benefits plan under any other authority, nor may any individ- ual be covered under more than one enroll- ment under this section. "let For purposes of this- section the term 'health benefits plan: means an approved health benefits plan.under chapter 89 of title 5, United States Code..". lb) The amendment made by this section shall take-effect cetOetober 1. 1986. TITLE. IV?COUNT ERIN TELLIGENCE AND SECURITY COUNTERINTELLIGENCE OFFICIAL VISITOR EXCHANGES SEC. 40L (a) Chapter 33 of title 28, United States COde, is amended by adding at the end thereof the following new section: "e 539. Counterintelligence official reception and representation expenses "The Director of the Federal Bureau of In- vestigation may use funds available to the Fede rat Bureau of Investigation for counter- intelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Federal Bureau of Investigation for consultation on counterin- telligence.matters.". tb) -The table of contents for chapter 33 of title 28. United States Code, is amended by adding at the end thereof the following: "539. Counterintelligence official reception and representation expenses.''. (c) Chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following new section: 1,10a. Counterintelligence official reception and representation expenses "The Secretary of Defense may use funds available to the Department of Defense for counterintelligence programs to pay the ex- penses of hosting foreign officials in the United States under the auspices of the De- partment of Defense for consultation on counterintelligence matters.". (di The table of contents for chapter 4 of title 10. United States Code, is amended by adding at the end thereof the following: "140a. Counterintelligence official reception and representation expenses.". FBI ACCESS TO STATE AND LOCAL CRIMINAL RECORDS FOR SECURITY CLEARANCES Sec. 402. (al Section 9101 of title 5, United States Code, is amended as follows: (I) in paragraph (1) of subsection tb) by striking "or" after "Office of Personnel Man- agement". by inserting "or the Federal Bureau of Investigation," after "the Central Intelligence Agency,", and by striking "de- partment, office or agency" and inserting in lieu thereof "department, office, agency or bureaw"; (2) in. subparagraph 131(A) of subsection lb) by striking. "or" after "Office of Person- nel Management,'' by inserting ", or the Fed- eral Bureau of Investigation" after -the Central Intelligence Agency'', by striking "department, office, or agency" and insert- ing in lieu thereof "department, office, agency. or bureau-, and by striking "depart- ment, office, or agency." and inserting in lieu thereof "department, office, agency, or bureau.": (3) in subparagraph (3)(A) of subsection lb) by striking "or" after "Office of Person- nel Management," by inserting ", or the Fed- eral Bureau. of Investigation" after "the Central Intelligence Agency": and (41 in subsection tc) by striking "or" after "Office of Personnel Management," by in- serting ", or the Federal Bureau of Investi- gation" after "the Central. Intelligence Agency". (b) Section 803(a) of the Intelligence Au- thorization Act for fiscal year 1986 (Public Law 99-169) is amended by striking "and" after "Office of Personnel Management." and by inserting and the Federal Bureau of Investigation," after "the Central Intelli- gence Agency. ". (c) The amendments made by this section shall become effective with respect to any in- quiry which begins after the date of enact- ment of this Act conducted by the Federal Bureau of Investigation for purposes speci- fied in. paragraph (WU) of section 911.11 of title 5, United Slates Code, PERMANENT EXTENSION OF DOD AUTHORITY TO USE PROCEEDS FROM COU.VTERINTELLIGENCE OPERATIO.VS Sec. 403. (a) Chapter 4 of title 10, United States Code, as amended by section 401(c) of this Act, is ,eurther amended by adding at the end thereof the following new section: "S; HO& .4uthority to use proceeds from counterin- telligence operations of the military departments "(a) The Secretary of Defense may.author- ize. without regard to the provisions of sec- tion 3502 of title 31. United States Code. use of proceeds from counterintelligence oper- ations conducted by components of the mitt- tory departments to offset necessary and reasonable expenses, not otherwise prohibit? ed by law, incurred in such operations, and to make exceptional performance awards to personnel involved in such operations, if use of appropriated funds to meet such expenses or to make such awards would not be practi- cable. "1b) As soon as the net proceeds from such counterintelligence operations are no longer necessary for the conduct of those oper- ations. such proceeds shall be deposited into the Treasury as miscellaneous rece7pts. "lc., The Secretary of Defense snail estab- lish poLictes and proccd..reF to goi?errt acqui- sition. use, management. and d!sposition of proceeds from counter ntelligence oper- ations conducted by components of the mill- tart.,' departments, including effective inter- nal systems of accounting and administra? ttve controls". ,b, The table of contents for chapter 4 of title 10. United States Code, as amended by Section 401fd) of this Act, is further amend- ed by adding at the end thereof. the follow- z ng.. -140b. Authority to use proceeds from coun- tertelligence operations of the military departments.". FEDER...11. BUREAU OF INVESTIGATION COUNTERIN. TELLICENCE .4CCESS TO FINANCIAL RECORDS OF GE.VTS OF FOREIGN POWER Sec. 404. Section 1114(a) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)) is amended by adding at the end thereof, the t-ollowing new paragraph: .75)(A) Financial institutions, and offi- cers, employees, and agents thereof, shall comply with a request for a customer's or entity's financial records made pursuant to thts subsection by the Federal Bureau of In- vestigation when the Director of the Federal Bureau of Investigation (or the Director's designee) certifies in writing to the finan- cial institution that such records are sought for foreign counterintelligence purposes and that there are specific and articulabie facts giving reason to believe that the customer or entity whose records are sought is a foreign Power or an agent of a foreign power as de- fined in section 101 of the Foreign Intelli- gence Surveillance Act. of 1978 (50 U.S.C. 1801). "(B) The Federal Bureau of Investigation may disseminate information obtained pur- suant to this paragraph only as provided in guidelines approved by the Attorney General for foreign intelligence collection and for- eign counterintelligence investigation con- ducted by. the Federal. Bureau of Investiga- tion, and, with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the au- thorized responsibilities of such agency. "(C) On a semiannual basis the Attorney General shall fully- infOrm the Permanent Select Committee an Intelligence of the House. of Representatives and the Select Committee on Intelligence of the Senate con- cerning all requests made pursuant to this paragraph_ D) No financial institution, or officer, employee, or agent of such institution, shall disclose to any person that the Federal Bureau of Investigation has sought or ob- tained access to a customer's or entity's fi- nancial records under this porn araph. TITLE V?ADMINISTRATIVE AUTHORI- TIES RELATING TO INTELLIGENCE PERSONNEL DEFENSE INTELLIGENCE AGENCY C7:7LIAN MEDICAL EVACUATION BENEFIT Sec. 501, Subsection 1605(a) of title 10. United States Code, is amended by inserting (51" after "paragraphs (2). (3), (4)" and after "1:2 U.S.C. 4081 (2), (37, 141". ONE YEAR EXTENSION DEFENSE INTELLIGENCE AGENCY SPECIAL TERMINATION ALTHOR1TY SEC. 502, Paragraph 1604(ei(1) of titld to, United States Code, is amended by striking ",`iscal years 1985 and 1986" and inserttng In lieu thereof "fiscal years 1986 and 1987". D1PEC7'OR OF ''EN75'_,L '0 V'I .4 'A'S PDS By M:LITARY ;.% Sect:ol ttt. :re 5? Act ,'or : air.: : ? / at Slit end thereof the ,,o,,:owing: "(c, During _fiscal year 1987. the D:-ector of Central Intelligence may exercise the au- thority 7ranted in section 45032) of title 5. United Slates Code, with respect to mcmbers of the Armed Forces who are assicned to tom. coin intelligence duties at the time of t.':e conduct which gives rise to the ezerc!.e of such authority. -(d) An award made by the D'rr-t?lor of Central Intelligence to an employee or member of the Armed Forces under the au- thority of section 4503 of title 5, United States Code, of this section may be paid and accepted notwithstanding? '(f/ section 55.36 of title 5. States Code; and "(2) the death, separation, or trttrement of the employee or the member of the Armed Forces whose conduct gave rise t 0 the award, or the assignment of such rim-nbcr to duties other than foreign n tei.? duties.". Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 II 8872 CONGRESSIONAL RECORD ? HOUSE October 1, 1956 MANAGEMENT OF CIVILIAN INTELLIGENCE PERSONNEL OF THE MILITARY DEPARTMENT'S SEC. 504. (a) Chapter 81 of title 10, United States Code, is amended by adding at the end thereof the following new section: "I 1590. Management of civilian intelligence per- sonnel of the military departments "(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 intelligence officers and employees of the military departments as may be necessary to carry out the intelligence functions of such departments; "(2) appoint individuals to such positions; and "I 3) fix the compensation of such individ- uals for service in such positions. "1111 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 pro- vided in the General Schedule under section 5332 of title 5 for positions subject to such Schedule which have corresponding levels of duties and responsibilities. Except in the case of a civilian intelligence officer or em- ployee of a military department serving as a member of the Senior Executive Service of a military department, no civilian intelli- gence 'officer or employee of a military de- partment may be paid basic pay at a rate in excess of the highest rate of basic pay pay- able under such General Schedule. "lc) 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 for civilian intelligence officers or employ- ees in or under which the military depart- ments may employ individuals described by section 5342(a)(2)(A) of such title. "(d) In addition to the basic pay payable under subsection lb), civilian intelligence officers and employees of the military de- partments who are citizens or nationals of the United States and who are stationed outside the continental United States or in Alaska may be paid allowances, in accord- ance with regulations prescribed by the Sec- retary of Defense, not in excess of an allow- ance authorized to be paid by section 5941(a) of title 5 for employees whose rates of basic pay are fixed by statute. Such allow- ances shall be based on? "(1) 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 "I3) both of the factors described in para- graphs (I) and (V. "10(1) Notwithstanding any other provi- sion of law, the Secretary of Defense may, during fiscal year 1987, terminate the em- ployment of any civilian intelligence officer or employee of a military department when- ever he considers that action to be in the in- terests of the United States and he deter- mines that the procedures prescribed in other provisions of law that authorize the termination of the employment of such offi- cer or employee cannot be invoked in a manner consistent with the national securi- ty. The decisions of the Secretary under this paragraph are final and may not be ap- pealed or reviewed outside the Department of Defense. The Secretary of Defense shall promptly notify the Permanent Select Com- mittee on Intelligence of the House of Repre- sentatives and the Select Committee on In- telligence of the Senate whenever this termi- nation authority is exercised. '(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 agency of the United States if he is declared eligible for such employment by the Director of the Office of Personnel Management "(3) The Secretary of Defense may delegate authority under this subsection only to the Deputy Secretary of Defense or the Secretary concerned or both. An action to terminate any civilian intelligence officer or employee of a military department by either such offi- cer shall be appealable to the Secretary of Defense.". lb.' The table of sections at the beginning of chapter 81 of title 10, United States Code is amended by adding at the end thereof the following new item: "1590. Management of civilian intelligence personnel of the military de- partments.", (c) The Secretary of Defense shall conduct a comprehensive review and evaluation of the implementation of Section 1590 of title 10, United States Code and shall report thereon to the Congress no later than March 1, 1989. Such report shall? ( 1) describe the extent to which the civil- ian intelligence personnel management sys- tems established under Section 1590 of title 10 have improved acquisition and retention of civilian intelligence personnel by the military departments: (2) describe the elements of uniformity among the civilian intelligence personnel management systems established under Sec- tion 1590 of title 10: (3) describe the elements of diversity among the civilian intelligence personnel management systems established under Sec- tion 1590 of title 10, and explain the need for such diversity based on differences in the intelligence needs or missions of the mili- tary departments; (4) describe the means for oversight within the Office of the Secretary of Defense and each of the military departments for ensur- ing consistent application of regulations, di- rectives, and guidelines which implement the authority granted under Section 1590 of title 10; (5) contain recommendations for any leg- islative changes the Secretary of Defense may deem appropriate; and (6) include such other matters as the Sec- retary of Defense may deem appropriate. NATIONAL SECURITY AGENCY ACQUISITION OF CRITICAL SKILLS SEC. 505. The National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by adding at the end thereof the following section: "Sec. 16. (a) The purpose of this section is to establish an undergraduate training pro- gram, which may lead to the baccalaureate degree, to facilitate the recruitment of indi- viduals, particularly minority high school students, with a demonstrated capability to develop skills critical to the mission of the National Security Agency, including mathe- matics, computer science, engineering, and foreign languages. "(b) The Secretary of Defense is author- ized, in his discretion, to assign civilian em- ployees of the National Security Agency as students at accredited professional, techni- cal, and other institutions of higher learn- ing for training at the undergraduate level in skills critical to effective performance of the mission of the Agency. "(c) The National Security Agency may pay, directly or by reimbursement to em- ployees, expenses incident to assignments under subsection (b), in any fiscal year only to the extent that appropriated junds are available for such purpose. "(d), 1) To be eligible for asvgnment under subsection lb), an employee of the Agency must agree in writing- -(A) to continue in the service of the Agency for the period of the assignment and to complete the educational course of train- ing for which the employee is assigned,- -(13) to continue in the service of the Agency following completion of the assign- ment for a period of one-and-a-half years for each year of the assignment or part thereof; "(C) to reimburse the United States for the total cost of education (excluding the em- ployee's pay and allowances) provided under this section to the employee if prior to the employee's completing the education- al course of training for which the employee is assigned, the assignment or the employ- ee's employment with the Agency is termi- nated either by the Agency due to miscon- duct by the employee or by the employee vol- untarily; and "(D) to reimburse the United States if. after completing the educational course of training for which the employee is assigned, the employee's employment with the Agency is terminated either by the Agency due to misconduct by the employee or by the em- ployee voluntarily, prior to the employee's completion of the service obligation period described in subparagraph (El). in an amount that bears the same ratio to the total cost of the education (excluding the employee's pay and allowances) provided to the employee as the unserved portion of the service obligation period described in sub- paragraph (B) bears to the total period of the service obligation described in subpara- graph (B). "IV Subject to paragraph (3), the obliga- tion to reimburse the United States under an agreement described in paragraph (1), in- cluding interest due on such obligation, is for all purposes a debt owing the United States. "(3)(A) A discharge in bankruptcy under title 11, United States Code, shall not release a person from an obligation to reimburse the United States required under an agree- ment described in paragraph (1) if the final ? decree of the discharge in bankruptcy is issued within five years after the last day of the combined period of service obligation described in subparagraphs (A) and (B) of paragraph (1). "(B) The Secretary of Defense may release a person, in whole or in part, from the obli- gation to reimburse the United States under an agreement described in paragraph ,11 when, !rt his discretion. the Secretary deter- mines that equity or the interests of the United States so require. "(C) The Secretary of Defense shall permit an employee assigned under this section who, prior to commencing a second academ- ic year of such assignment, voluntarily ter- minates the assignment or the employee's employment with the Agency. to satisfy his obligation under an agreement described in paragraph (1) to reimburse the United States by reimbursement according to a schedule of monthly payments which results in completion of reimbursement by a date five years after the date of termination of the assignment or employment or earlier at the option of the employee. "(e)(1) When an employee is assigned under this section to an institution, the Agency shall disclose to the institution to which the employee is assigned that the Agency employs the employee and that the Agency funds the employee's education. (2) Agency efforts to recruit individuals at educational institutions for participation in the undergraduate training program es- Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDI915-00530R060962150006-4 October 1, 1986 CONGRESSIONAL RECORD ? HOUSE tablished by this section shall be made Openly and according to the common prac- tices of universities and employers recruit- ing at such institutions. "(f) Chapter 41 of title 5 and subsections (a) and (b) of section 3324 of title 31, United States Code, shall not apply with respect to this section. "(g) The Secretary of Defense may issue such regulations as may be necessary to im- plement this section.". CENTRAL INTELLIGENCE AGENCY ACQUISITION OF CRITICAL SKILLS SEC. 506. Pursuant to the authority grant- ed in section 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403.9. the Di- rector of Central Intelligence shall establish an undergraduate training program with re- spect to civilian employees of the Central In- telligence Agency similar in purpose, condi- tions, content, and administration to the prograni which the Secretary of Defense is authorized to establish under section 16 of the National Security Act of 1959 (50 U.S.C. 402 note) for civilian employees of the Na: tional-Security-Agency. REPORT ON INTELLIGENCE PERSONNEL SYSTEMS SEC. 50.7. Not- later than January 3. 198g. the Secretary of Defense and the Director of Central Intelligence shall submit jointly to the Congress an unclassified report describ- ing the civilian personnel systems for ?IA- 'cers and employees of the Central Intelli- gence Agency, the National Security Agency, and the Defense Intelligence Agency, and the personnel systems for officers and employees established under section 1590 of title 10. 'United States Code, as added by section 50,4. for civilian intelligence personnel of the military departments. The report shall in- clude descriptions of? (1) how each such intelligence personnel System differs from the competitive service and from each other such system: (2) the specific features of each such per- sonnel system to ensure compliance with the Merit system principles set forth in section 2301 of title 5. United States Code: (3) any features of compensation (includ- ing bonuses and awards) unique to such tier- Sonnet system: I (4) authorities to take actions (including the number of such actions) through empl9y- Ment termination provisions which do not Permit appeals outside the agency: and 1 (5) any recruitment or retention problems exisling_within such TITLE VI?MISCELLANEOUS DEFENSE'. A FPI NG-.4 GE NC 1.-E XCHA NGE AGREEMENTS Sec. 601. (a) Chapter 167 of title 10. United States Code, is amended by adding at the end thereof the following new section: ".427.95. Exchange of mapping, charting, and geo- detic data with foreign countries and internation- al organkations "The Secretary of Defense may authorize the Defense Mapping Agency to exchange or furnish mapping, charting, and geodetic data, supplies and services to a foreign country or international organization pur- suant to an agreement for the production or exchange of such data.''. (b) The table of contents of chapter 167 of title 10. United States Code, is amended by adding at the end thereof: "2795. Exchange of mapping, charting, and geodetic data with foreign countries and international or- ganizations. ". NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES AND DEFENSE SERVICES SEC. 602. (al Title V of the National Secu- rity Act of 1947. relating to accountability for intelligence activities, is amended by adding at the end thereof the following: "NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES AND DEFENSE SERVICES "SEC. 503. 4W1) The transfer of a defense article or defense service exceeding $1.000.000 in value by an intelligence agency to a recipient outside that agency shall be considered a significant anticipated intelli- gence activity for the purpose of section 501 of this Act. "(2) Paragraph 1) does not apply if? "(A) the .transfer is being made to a de- partment, agency, or other entity of the United States (so long as there will not be a subsequent retransfer of the defense articles or defense services outside the United States Government in conjunction with an intelli- gence or intelligence-related activity): or "( B) the transfer? "(1) is being made pursuant to authorities contained in part II of the Foreign Assist- ance Act of 1961. the Arms Export Control Act, title 10 of the United States Code (in- cluding a law enacted pursuant to section 7307(b)( I) of that title), or the Federal Prop- erty and Administrative Services Act of 1949, and "(iii is not being made in conjunction with an intelligence or intelligence-related activity. I "(3) An intelligence agency may not trans- fer any defense articles or defense services !outside the agency in conjunction with any ;intelligence or intelligence-related activity Ifor ssihich funds were denied by the Con- "(b) As used in this section? "(1) the term 'intelligence agency' means any department, agency, or other entity of the United States involved in intelligence or intelligence-related activities: -(2) the terms 'defense articles' and 'de- fense services' mean the items on the United States Munitions List pursuant to section 38 of the Arms Export Control Act (22 CFR part 121): "131 the term *transfer' means? "(A) in the case of defense articles, the transfer of possession of those articles: and "113) in the case of defense services, the provision of those services: and "(4) the term 'value' means? "( A) in the case of defense articles, the greater of? "(i) the original acquisition cost to the United States Government. plus the cost of improvements or other modifications made by or on behalf of the Government: or "(ii.' the replacement cost: and "(B) in the case of defense services, the I'M; cost to the Government of providing the services.". 1b1 The table of contents at the end of the first section of such Act is amended by in- serting the following after the item relating to section 502: "503. Notice to Congress of certain transfers of defense articles and defense services.". COVERT AGENT DISCLOSURE FEDERAL PENSION FORFEITURE Sec. 603. Section 8312(c)(1)(C) of title S. United States Code is amended by striking the period at the end thereof and inserting in lieu thereof "or section 601 of the Nation- al Security Act of 1947 (50 U.S.C. 421) (relat- ing to intelligence identities), Title VII?PROTECTION OF UNITED STATES INTERESTS FOREIGN MISSIONS ACT AMENDMENT SEC 701. Section 2021(1)14/ of the State De- partment Basic Authorities Act of 1956 122 U.S.0 43021aii4), is amended to read as fol- lows: -141 foreign mission' means any mission to or agency or entity in the United States which is involved in the diplomatic. consul- ii 8873 ar, or other activities of. or which is sub- stantially owned or effectively controlled by? "(Al a foreign government. or "B) an organization (other than an inter- national organization, as defined in section 209(b) of this title) representing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United Slates or which engages in some aspect of the conduct of the international affairs of such territory or political entity. including any real property of such a mis- sion and including the personnel of such a mission;". SOVIET MISSION AT ME UNITED NATIONS SEC. 702. (a)(1) It is the policy of the Con- gress that the number of nationals of the Soviet Union admitted to the United States to serve as members of the Soviet mission at the United Nations headquarters shall not substantially exceed the number of United States nationals who serve as members of the United States mission at the United Na- tions headquarters, unless the President de- termines that the admission to the United States of additional Soviet nationals to serve as members of the Soviet mission at the United Nations headquarters would be in the interest of the United States. (2) Beginning six months after the date of enactment of this section. and every six months thereafter, the Secretary of State shall prepare and transmit to the Committee on Foreign Relations and the Select Com- mittee on Intelligence of the Senate and to the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives a report set- ting forth the number of Soviet nationals admitted during the preceding six-month Period to the United States pursuant to a de- termination of the President under para- graph (1) and their duties with the Soviet mission at the United Nations headquarters. (3) Nothing in this subsection may be con- strued as including any dependent or spouse who is not a member of a mission at the United Nations headquarters in the calcula- tion of the number of members of a mission at the United Nations headquarters. lb) It is the sense of the Congress that the Secretary of State and the Attorney General should, not later than st.r months after the date of e,:actinent Of this section. prepare ? traiisuzit to the Commit:cc Foreign Refations a the Select In? h.:licence of the S.inale aisd tu t`ie Commit? tee on Foreign Affairs. gni' the Fr-inns:ell Setect Committee on Intel,i9ence of the House of Representatives a report setting forth a plan for ensuring that !he number of Soviet nationals described in paragraph 1(0117 does not exceed the limitation de- scribed in that paragraph. (e) For purposes of this section- 11 the term "members of the Soviet ims? siort" and "members of the United States mission" are used within the meaning of the term "members of the mission". as defined by article lib) of the Vienna Convention on Diplomatic Relations. done April 18. 1961: and 12.i the term "mission at the United Na. tions headquarters" of a country includes ail the missions of such country to the United Nations in New York City and in? eludes missions in New York City to spec-cc:I- L-zed agencies of the United Nations, as de. fined in article 57 of the charter of the United Nations. Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4 H 8876 CONGRESSIONAL RECORD ? HOUSE granted for a limited period of time several Years ago casts doubt on the real need for such asaharity. Nevertheiess. in an effort to provide as copOrtunity to assess the need for the authorIty and its value to the De- fense Intgenee Agency mission, the con- ferees decided to extend the authority for another need year. SECTION 503 Section 503 Of the conference report en- sures that, durbag fiscal year 1987. military personnel of the Intelligence components of the military departments may accept Direc- tor of Central Intelligence performance awards on the same basis as civilian person- nel of intelligence agencies may accept such awards. Section 503 of the conference report Is identical to Section 503 of the House bill. except that it applies only during fiscal year 1987. The Senate amendment contained no corresponding provision. The conferees request that the Director of Central Intelligence submit a report, and the Joint Chiefs of Staff submit a separate report, both by March 1. 1987. expressing their views on whether the authorfty grant- ed by Section 503 of the conference report should or should not be made permanent law. SECTION 104 Section 504 of the conference report enacts a new Section 1590 in Title 10 of the United States Code to authorize the Secre- tary of Defense to provide for management of civilian intelligence personnel of the mili- tary departments, notwithstanding certain civil service laws. Section 504 of the confer- ence report is identical to Section 504 of the House bill, except for the addition in the conference report of the evaluation and re-- porting requirement added as Section 504(c). The Senate amendment contained no corresponding provision. Subsection 504(c) of the conference report requires the Secretary of Defense to con- duct a comprehensive review and evaluation of the implementation of Section 1590 of Title 10 and to report on the review and evaluation to the Congress no later than March 1. 1989. The conferees expect that, if the Secretary of Defense delegates this duty to evaluate and report, he will delegate it only to a senior official within the Office of the Secretary of Defense and will not dele- gate it to the Sectetaries of the Military De- partments or their subordinates. The re- porting date of March 1. 1989 ensures a suf- ficiently lengthy period of personnel man- agement experience under Section 1590 to permit a useful evaluation. The report to Congress shall include the items set forth in Subsection 504(c). The conferees expect the Secretary of De- fense and his subordinates to submit to the intelligence committees of the Congress all regulations, directives, and guidelines issued to implement Section 1590 of Title 10, United States Code, before they take effect. SECTION 505 Section 505 of the conference report amends the National Security Agency Act of 1959 to authorize the Secretary of Defense to send NSA civilian employees to be stu- dents at accredited professional, technical and other institutions of higher learning for training at the undergraduate level. The purpose of Section 505 is to establish an un- dergraduate training program, including training which may lead to a baccalaureate degree, to facilitate recruitment of individ- uals, particularly minority high school stu- dents. with a demonstrated capability to de- velop skills critical to NSA's mission. Section 505 of the conference report is identical to Section 505 of the House bill. except for the addition of Section 16(ex2) of the NSA Act as contained in Section 505 of the conference report. The Senate amendment contained no corresponding provision. Section 16(eX2) of the NSA Act as con- tained in the conference report provides that NSA efforts to recruit individuals at educational institutions for participation in the NSA undergraduate training program established by Section 505 of the conference report shall be made openly and according to the common practices of universities and employers recruiting at educational institu- tions. The provision would permit NSA to identify interested and qualified students at educational institutions through advertis- ing, contacts arranged through guidance counseling offices or financial aid offices, or through NSA testing programs arranged with officials of the educational Institu- tions. The provision would not permit NSA personnel to identify or assess individuals within educational institutions in any non- public fashion, nor would it permit NSA contacts with students in educational insti- tutions without prior agreement of the offi- cials of those institutions. The conferees expect NSA to work with responsible officials of educational institu- tions to ensure the proper confidentiality of related records. The conferees urge the National Security Agency to be aware of the availability of nu- merous qualified disabled high school stu- dents for employment opportunities and re- quest that the Director, National Security Agency report to the intelligence commit- tees of Congress by March 1, 1987 on the benefits that could accrue by applying the program established under the authority granted by Section 505 of the conference report to those individuals. SECTION 506 Section 506 of the bill requires the Direc- tor of Central Intelligence, exercising the authority granted by Section 8 of the Cen- tral Intelligence Agency Act of 1949 (50 U.S.C. 403.0. to establish a program to send CIA civilian employees to be students at ac- credited professional, technical and other institutions of higher learning for training at the undergraduate level, similar in pur- pose, conditions, content, and administra- tion to the NSA program established under the authority of Section 506 of the confer- ence report. Section 506 of the conference report is identical to Section 506 of the House bill. The Senate amendment con- tained no corresponding provision. The statutory conditions which apply to the NSA is administering its undergraduate training program under Section 16 of the NSA Act of 1959 as enacted by Section 505 of the conference report appiy with respect to the CIA undergraduate training program by virtue of Section 506 of the conference report. Thus. Section 16(e)(2) of the NSA Act as contained in Section 505 of the con- ference report, which provides that NSA ef- forts to recruit individuals at educational in- stitutions for participation in the NSA un- dergraduate training program shall be made openly and according to the common prac- tices of universities and employers recruit- ing at educational institutions, applies equally to CIA efforts to recruit individuals in educational institutions for the CIA un- dergraduate training program. The provi- sion would permit CIA to identify interested and qualified students through advertising. contacts arranged through guidance coun- seling offices or financial aid offices, or through CIA testing programs arranged with officials of the educational institu- tions. The provision would not permit CIA personnel to identify or assess individuals within educational institutions in any non- October 1, 1986 public fashion. nor would it permit CIA con- tacts with students in educational institu- tions without prior agreement of the offi- cials of those institutions. The conferees expect CIA to work with re- sponsible officials of educational institu- tions to ensure the proper confidentiality of related records. The conferees urge the Central Intelli- gence Agency to be aware of the availability of numerous qualified disabled high school students for employment opportunities and request that the Director of Central Intelli- gence report to the intelligence committees of Congress by March 1, 1987 on the bene- fits that could accrue by applying the pro- gram established under the provisions of Section 506 of the conference report to those individuals. SECTION 507 Section 507- of the conference report re- quires the Secretary of Defense and the Di- rector of Central Intelligence jointly to submit an unclassified report to the Con- gress no later than January 3. 1987 describ- ing the civilian personnel systems for CIA. NSA. DIA, and the intelligence components of the Army, Navy. and Air Force. Section 507 of the conference report is the same as Section 507 of the House bill with the ex- ceptions that the House bin had required submission of the report to specified com- mittees of the two Houses of Congress and had specified a different reporting date. The Senate amendment contained no corre- sponding provisions. The Senate conferees note that submis- sion of the report by January 3, 1987 will fa- cilitate the comprehensive review of intelli- gence personnel systems which the Select Committee on Intelligence of the Senate has in progress. TITLE VI-MISCELLANEOUS SECTION 601 Section 601 of the conference report pro- rides clear, permanent authority for the De- fense Mapping Agency to engage in the ex- change of mapping, charting and geodetic data, supplies, and services with foreign countries and international organizations pursuant to agreements for the production or exchange of such data. Section 601 of the conference report is identical to Section 601 of the House bill. Section 403 of the Senate amendment contained a corresponding pro- vision which differed only in that it explicit- ly required the Secretary of Defense to comply with the requirements of tr.e Case Act 1 U.S.C. 112b) and its impiementing regulations for reporting international agreements to the Congress. The provisions of Section 112b of title 1 apply of their own force to agreements estab- lished under the authority granted in Sec- tion 601 of the conference report: explicit reference to Section 112b in Section 601 is not necessary to make the provisions of Sec- tion 112b apply. SECTION 602 Section 602 of the conference report adds a new section 503 to the National Security Act of 1947 to specify that a covert arms transfer involving a single article or service of a value exceeding $1 million is a "signifi- cant anticipated intelligence activity- for purposes of section 501 of that. Act, thus making explicit the requirement for the ex- ecutive branch to give prior notice to the in- telligence committees of the Congress of such a transfer. Section 602 of the confer- ence report is identical to Section 502 of the House bill. The Senate amendment con- tained no corresponding provision. Section 602 places in permanent law the provision enacted for fiscal year 1986 by Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4