PUBLIC LAW 100-178

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• Collection: General CIA Records
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• Document Creation Date: December 27, 2016
• Document Release Date: September 12, 2013
• Sequence Number: 26
• Publication Date: February 3, 1988
• Content Type: REGULATION

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iviC) OS REGISTRY
4 FEB 1988
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Public Law 100-178
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PUBLIC LAW 100-178?DEC. 2, 1987 101 STAT. 1009
Public Law 100-178
100th Congress
An Act
To authorize appropriations for fiscal year 1988 for intelligence and intelligence-
related activities of the United States Government, for the Intelligence Community
Staff, for the Central Intelligence Agency Retirement and Disability System, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Intelligence Authorization Act, Fiscal Year 1988'.
TITLE I?INTELLIGENCE ACTIVITIES
AUTHORIZATION OF APPROPRIATIONS
SEC. 101. Funds are hereby authorized to be appropriated for fiscal
year 1988 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States
Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
CLASSIFIED SCHEDULE OF AUTHORIZATIONS
SEC. 102. (aX1) This Act authorizes funds for intelligence and
intelligence-related activities of the United States Government for
fiscal year 1988 based upon two alternative levels of new budget
authority provided for national defense functions (budget function
050) through congressional budget procedures. In section 3(bX1) of
the concurrent resolution on the budget for fiscal year 1988 (House
Concurrent Resolution 93 of the One Hundredth Congress), Congress
determined and declared that the appropriate level of new budget
authority for national defense for fiscal year 1988 is
$296,000,000,000. This Act authorizes funds based upon that deter-
mination and declaration and the assumption that that level of
budget authority is available to be appropriated.
(2) Section 5(aX1) of the concurrent resolution reserved
$7,000,000,000 of that amount from availability for appropriation
pending enactment of certain deficit reduction legislation, leaving a
level of $289,000,000,000 immediately available for appropriation.
This Act authorizes alternative levels of funds based upon that
budget authority amount.
19-139 0 - 87 ( 1 78 )
Dec. 2, 1987
[H.R. 2112]
Intelligence
Authorization
Act,
Fiscal Year 1988.
Government
organization and
employees.
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101 STAT. 1010 PUBLIC LAW 100-178--DEC. 2, 1987
(b) The amounts authorized to be appropriated under section 101,
and the authorized personnel ceilings as of September 30, 1988, for
the conduct of the intelligence and intelligence-related activities of
the elements listed in such section, are those specified in the column
entitled "Conference Agreement" of the classified Schedule of
Authorizations prepared by the committee of conference to accom-
pany H.R. 2112 of the One Hundredth Congress except that, if as of
the date of the enactment of this Act there has not been enacted
legislation that results in the availability for appropriation of a level
of new budget authority for national defense functions of the
Government (budget function 050) for fiscal year 1988 in an amount
greater than $289,000,000,000 then until such legislation is enacted
such amounts and ceilings are those specified in the column entitled
"Contingent Level" of such classified Schedule of Authorizations:
Provided, That notwithstanding the requirements of section 502(aX1)
of the National Security Act of 1947, funds for the activities listed in
that part of such Schedule entitled "Unauthorized Appropriations"
may be obligated and expended only to the extent to which funds
are appropriated therefore in fiscal year 1988.
(c) The Schedule of Authorizations described in subsection (b) shall
be made available to the Commmittee on Appropriations of the
President of U.S. Senate and House of Representatives and to the President. The
President shall provide for suitable distribution of the Schedule, or
of appropriate portions of the Schedule, within the executive
branch.
(dX1) It is the sense of Congress that, in allocating reductions of
nonheadquarters personnel of Defense Agencies pursuant to subsec-
tion (bX2XA) and subsection (d) of section 601 of Public Law 99-433
(100 Stat. 1065), the Secretary of Defense should avoid allocating
personnel reductions to the Defense Intelligence Agency or the
Defense Mapping Agency.
(2) For purposes of paragraph (1), the term "nonheadquarters
personnel" means members of the Armed Forces and Civilian
employees assigned or detailed to permanent duty in the Defense
Agencies and Department of Defense Field Activities, other than
members and employees assigned or detailed to duty in manage-
ment headquarters activities or management headquarters support
activities.
PERSONNEL CEILING ADJUSTMENTS
SEC. 103. The Director of Central Intelligence may authorize
employment of civilian personnel in excess of the numbers au-
thorized for fiscal year 1988 under sections 102 and 202 of this Act
when he determines that such action is necessary to the perform-
ance of important intelligence functions, except that such number
may not, for any element of the Intelligence Community, exceed 2
per centum of the number of civilian personnel authorized under
such sections for such element. The Director of Central Intelligence
shall promptly notify the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select Committee on
Intelligence of the Senate whenever he exercises the authority
granted by this section.
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PUBLIC LAW 100-178?DEC. 2, 1987 101 STAT. 1011
RESTRICTION ON SUPPORT FOR MILITARY OR PARAMILITARY OPERATIONS
IN NICARAGUA
Sec. 104. Funds available to the Central Intelligence Agency, the
Department of Defense, or any other agency or entity of the United
States involved in intelligence activities may be obligated and ex-
pended during fiscal year 1988 to provide funds, materiel, or other
assistance to the Nicaraguan democratic resistance to support mili-
tary or paramilitary operations in Nicaragua only as authorized in
section 101 and as specified in the classified Schedule of Authoriza-
tions referred to in section 102, or pursuant to section 502 of the
National Security Act of 1947, or pursuant to section 101(aX1) of the
Act making continuing appropriations for the fiscal year 1988
(Public Law 100-120), or pursuant to any provision of law specifi-
cally providing such funds, materiel, or assistance.
TITLE II?INTELLIGENCE COMMUNITY STAFF
AUTHORIZATION OF APPROPRIATIONS
SEC. 201. There is authorized to be appropriated for the Intel-
ligence Community Staff for fiscal year 1988 the sum of $23,614,000.
AUTHORIZATION OF PERSONNEL END STRENGTH
SEC. 202. (a) The Intelligence Community Staff is authorized 237
full-time personnel as of September 30, 1988. Such personnel of the
Intelligence Community Staff may be permanent employees of the
Intelligence Community Staff or personnel detailed from other
elements of the United States Government.
(b) During fiscal year 1988, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in
intelligence and intelligence-related activities.
(c) During fiscal year 1988, any officer or employee of the United
States or a member of the Armed Forces who is detailed to the
Intelligence Community Staff from another element of the United
States Government shall be detailed on a reimbursable basis, except
that any such officer, employee, or member may be detailed on a
nonreimbursable basis for a period of less than one year for the
performance of temporary functions as required by the Director of
Central Intelligence.
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS
CENTRAL INTELLIGENCE AGENCY
SEC. 203. During fiscal year 1988, activities and personnel of the
Intelligence Community Staff shall be subject to the provisions of
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) in
the same manner as activities and personnel of the Central Intel-
ligence Agency.
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101 STAT. 1012 PUBLIC LAW 100-178--DEC. 2, 1987
TITLE HI?CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
AUTHORIZATION OF APPROPRIATIONS
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year
1988 the sum of $134,700,000.
TITLE IV?RETIREMENT AND DEATH IN SERVICE BENEFITS
RETIREMENT BENEFITS
SEC. 401. (a) Part C of title II of the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees is amended by adding
at the end the following section:
"RETIREMENT BENEFITS FOR CERTAIN FORMER SPOUSES
50 USC 403 note "SEC. 225. (a) Any individual who was a former spouse of a
participant ora former participant on November 15, 1982, shall be
entitled, to the extent of available appropriations, and except to the
extent such former spouse is disqualified under subsection (b), to
benefits?
"(1) if married to the participant throughout the creditable
service of the participant, equal to 50 per centum of the benefits
of the participant; or
"(2) if not married to the participant throughout such
creditable service, equal to that former spouse's pro rata share
of 50 per centum of such benefits.
"(b) A former spouse shall not be entitled to benefits under this
section if?
"(1) the former spouse remarries before age fifty-five; or
"(2) the former spouse is less than fifty years of age.
"(cX1) The entitlement of a former spouse to benefits under this
section?
"(A) shall commence on the later of?
"(i) the day the participant upon whose service benefits
are based becomes entitled to benefits under this title;
"(ii) the first day of the month in which the divorce or
annulment involved becomes final; or
"(iii) such former spouse's fiftieth birthday; and
"(B) shall terminate on the earlier of?
"(i) the last day of the month before the former spouse
dies or remarries before fifty-five years of age; or
"(ii) the date the benefits of the participant terminate.
"(2) Notwithstanding paragraph (1), in the case of any former
spouse of a disability annuitant?
"(A) the benefits of the former spouse shall commence on the
date the participant would qualify on the basis of his or her
creditable service for benefits under this title (other than
disability annuity) or the date the disability annuity begins,
whichever is later; and
"(B) the amount of benefits of the former spouse shall be
calculated on the basis of benefits for which the participant
would otherwise so qualify.
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PUBLIC LAW 100-178?DEC. 2, 1987 101 STAT. 1013
"(3) Benefits under this section shall be treated the same as an
annuity under section 222(aX6) for purposes of section 221(gX2) or
any comparable provision of law.
"(4XA) Benefits under this section shall not be payable unless
appropriate written application is provided to the Director, complete
with any supporting documentation which the Director may by
regulation require, within thirty months after the effective date of
this section. The Director may waive the thirty-month application
requirement under this subparagraph in any case in which the
Director determines that the circumstances so warrant.
"(B) Upon approval of an application as provided under subpara-
graph (A), the appropriate benefits shall be payable to the former
spouse with respect to all periods before such approval during which
the former spouse was entitled to such benefits under this section,
but in no event shall benefits be payable under this section with
respect to any period before the effective date of this section.
"(d) The Director shall?
"(1) as soon as possible, but not later than sixty days after the Regulations.
effective date of this section, issue such regulations as may be
necessary to carry out this section; and
"(2) to the maximum extent practicable, and as soon as
possible, inform each individual who was a former spouse of a
participant or a former participant on November 15, 1982, of
any rights which such individual may have under this section.
"(e) Nothing in this section shall be construed to impair, reduce,
or otherwise affect the annuity or the entitlement to an annuity of
a participant or former participant under this title.".
(b) Section 14(a) of the Central Intelligence Agency Act of 1949 is 50 USC 403n
amended by inserting "225," after "223, 224,".
DEATH IN SERVICE BENEFITS
SEC. 402. (a) Section 232(b) of the Central Intelligence Agency 50 USC 403 note
Retirement Act of 1964 for Certain Employees (50 U.S.C. 40(b) note)
is amended?
(1) by inserting "(1)" before "If a participant";
(2) by striking all that follows "as defined in section 204," and
inserting in lieu thereof "or by a former spouse qualifying for a
survivor annuity under section 222(b), such widow or widower
shall be entitled, to the extent of available appropriations, to an
annuity equal to 55 per centum of the annuity computed in
accordance with paragraphs (2) and (3) of this subsection and
section 221(a), and any such surviving former spouse shall be
entitled, to the extent of available appropriations, to an annuity
computed in accordance with section 222(b) and paragraph (2) of
this subsection as if the participant died after being entitled to
an annuity under this Act. The annuity of such widow, widower,
or former spouse shall commence on the date following death of
the participant and shall terminate upon death or remarriage
prior to attaining age sixty of the widow, widower, or former
spouse (subject to the payment and restoration provisions of
sections 221(g) and 222(bX3)). ; and
(3) by adding at the end the following new paragraphs:
"(2) The annuity payable under paragraph (1) shall be com-
puted in accordance with section 221(a), except that the com-
putation of the annuity of the participant under such section
shall be at least the smaller of (A) 40 per centum of the
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101 STAT. 1014 PUBLIC LAW 100-178?DEC. 2, 1987
participant's average basic salary, or (B) the sum obtained
under such section after increasing the participant's service of
the type last performed by the difference between the partici-
pint's age at the time of death and age sixty.
"(3) Notwithstanding paragraph (1), if the participant had a
former spouse qualifying for an annuity under section 222(b),
the annuity of a widow or widower under this section shall be
subject to the limitation of section 221(bX3XB), and the annuity
of a former spouse under this section shall be subject to the
limitation of section 222(bX4XB).".
(bX1) Section 221(oX2) of the Central Intelligence Agency Retire-
50 USC 403 note ment Act of 1964 for Certain Employees is amended by inserting
"232(b)," after "222, 223,".
(2) Section 304 of the Central Intelligence Agency Retirement Act
50 USC 403 note. of 1964 for Certain Employees is amended?
(A) in subsection (b) by inserting "and (3)" after "subsection
(c)(2)"; and
(B) in subsection (c)?
(i) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(ii) by inserting after paragraph (2) a new paragraph as
follows:
"(3) Section 232(b).".
(3) Section 14(a) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403n(a)) is amended by inserting "232(b),' before "234(c),
234(d),".
Effective date. (CX1) Except as provided in paragraph (2), the amendments made
50 USC 403 note by this section shall take effect on November 15, 1982, the effective
date of the Central Intelligence Agency Spouses' Retirement Equity
Act of 1982.
Effectiva date. (2) The amendment made by subsection (bX2) shall take effect on
January 1, 1987, the effective date of the Federal Employees' Retire-
ment System Act of 1986.
50 USC 403 note. (d) Nothing in this section or any amendment made by this section
shall be construed to require the forfeiture by any individual of
benefits received before the date of the enactment of this Act.
50 USC 403 note. (e) Nothing in this section or any amendment made by this section
shall be construed to require a reduction in the level of benefits
received by any individual who was receiving benefits under section
232 of the Central Intelligence Agency Retirement Act of 1964 for
Certain Employees before the date of enactment of this Act.
International
organizations.
22 USC 254c-2.
TITLE V?ENHANCED COUNTERINTELLIGENCE AND
SECURITY CAPABILITIES
REPORT ON ADMISSION OF CERTAIN ALIENS
SEC. 501. The Attorney General shall report annually to the
House Permanent Select Committee on Intelligence and the Senate
Select Committee on Intelligence regarding the circumstances of
any admission to the United States over the objections of the
Federal Bureau of Investigation, of any Soviet national employed by
or assigned to a foreign mission or international organization in the
United States.
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PUBLIC LAW 100-178?DEC. 2, 1987 101 STAT. 1015
FBI NEW YORK FIELD DIVISION EMPLOYMENT PLAN
SEC. 502. (a) The Director of the Federal Bureau of Investigation
and the Director of the Office of Personnel Management shall
conduct a study to ascertain the effect on recruitment, retention and
operations of employees of the New York Field Division of the
Federal Bureau of Investigation caused by the usual living expenses
associated with such employment.
(b) No later than sixty days after the enactment of this Act, the Reports
Director of the Federal Bureau of Investigation and the Director of
the Office of Personnel Management shall submit to the Congress a
report setting forth the results of the study described in subsection
(a) and a plan for remedying problems identified by the study,
including, as appropriate, additional compensation or other means
of defraying the costs of employment in the New York Field
Division.
TITLE VI?DEFENSE INTELLIGENCE PERSONNEL
IMPROVEMENTS
DIA CIVILIAN UNIFORM ALLOWANCE
SEC. 601. (a) COMPARABILITY WITH STATE DEPARTMENT Em-
PLOYEES.?Chapter 83 of title 10, United States Code, is amended by
inserting at the end thereof the following new section:
"ti 1606. 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. Uniform allowance: civilian employees.".
EXTENSION OF SPECIAL TERMINATION AUTHORITY FOR CERTAIN DOD
INTELLIGENCE EMPLOYEES
SEC. 602. (a) DEFENSE INTELLIGENCE AGENCY?Section 1604ie X11 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".
10 USC 1606.
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101 STAT. 1016
10 USC 1607.
Classified
information.
50 USC 903 note
Reports.
PUBLIC LAW 100-178?DEC. 2, 1987
(b) MILITARY DEPARTMENTS.?SeCtiOn 1590(eX1) 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
provided herein and 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 apply to information provided
the Congress.".
TITLE VII?STUDY OF INTELLIGENCE PERSONNEL SYSTEMS
SEC. 701. (a) The Director of Central Intelligence shall undertake
to contract with the National Academy of Public Administration
(hereinafter referred to as the Academy) for an objective study
which shall be classified and which shall consist of a comprehensive
review and comparative analysis of all personnel management and
compensation systems affecting civilian personnel of agencies and
entities of the intelligence community.
(h) In conducting the study described in subsection (a), the Acad-
emy shall determine the adequacy of existing personnel systems to
further the ability of intelligence agencies or entities to perform
their missions, and make such recommendations for legislative,
regulative or other changes as the Academy determines advisable.
(c) The study described in subsection (a) shall be completed in final
form no later than January 20, 1989, and such study, and any
interim report of such study, shall be transmitted upon receipt by
the Director of Central Intelligence to the Permanent Select
Committee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.
(d) Of the amount available to the Intelligence Community Staff
for fiscal year 1988 under section 201, not more than $500,000 shall
be available for the study described in subsection (a).
(e) The Director of Central Intelligence, the Director of the Intel-
ligence Community Staff, and the heads of the elements of the
intelligence community shall provide such support and appropriate
access to necessary information as the Academy may require to
complete the study described in subsection (a).
TITLE VIII?GENERAL PROVISIONS
RESTRICTION OF CONDUCT OF INTELLIGENCE ACTIVITIES
SEC. 801. The authorization of appropriations by this Act shall not
be deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
laws of the United States.
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PUBLIC LAW 100-178?DEC. 2, 1987 101 STAT. 1017
INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW
Sec. 802. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be in-
creased by such additional or supplemental amounts as may be
necessary for increases in such benefits authorized by law.
TITLE IX?MOUNT ALTO EMBASSY SITE
ASSESSMENT OF SOVIET ELECTRONIC ESPIONAGE CAPABILITY
SEC. 901. (a) REVIEW AND ASSESSMENT.?The Secretary of Defense
shall review and assess the present and potential capabilities of the
Government of the Soviet Union to intercept United States commu-
nications involving diplomatic, military, and intelligence matters
from facilities on Mount Alto in the District of Columbia. The
Secretary shall submit to Congress a report on such review and
assessment not later than ninety days after the date of the enact-
ment of this Act.
(b) DETERMINATION OF CONSISTENCY WITH NATIONAL SECURITY.?
The report required by subsection (a) shall include a determination
by the Secretary of Defense as to whether or not the present and
proposed occupation of facilities on Mount Alto by the Government
of the Soviet Union is consistent with the national security of the
United States.
ic) CLASSIFICATION OF REPORT.?The report required by subsection
(al shall be submitted in both classified and unclassified form, and
the determination required by subsection (b) shall be submitted in
an unclassified form.
(d) LIMITATION ON DELEGATION.?The Secretary of Defense may
not delegate the duty to make the determination required by
subsection (b).
Approved December 2, 1987.
LEGISLATIVE HISTORY?HR. 2112 (S. 1243):
HOUSE REPORTS: No. 100-93, Pt. 1 (Permanent Select Comm. on Intelligence) and
Pt. 2 (Comm. on Armed Services) and No. 100-432 (Comm. of
Conference).
SENATE REPORTS: No. 100-59 (Select Comm. on Intelligence) and No. 100-117
(Comm. on Armed Services), both accompanying S. 1243.
CONGRESSIONAL RECORD, Vol. 133 (1987):
June 9, considered and passed House.
July 23, considered and passed Senate, amended, in lieu of S. 1243.
Nov. 17, House agreed to conference report.
Nov. 18, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23(1987):
Dec. 2, Presidential statement.
0
Communications
and
telecommuni-
cations.
Reports.
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