INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1987

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Document Number (FOIA) /ESDN (CREST): 
CIA-RDP90-00530R000801960001-2
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RIFPUB
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K
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6
Document Creation Date: 
December 22, 2016
Document Release Date: 
October 2, 2012
Sequence Number: 
1
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Publication Date: 
July 17, 1986
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OPEN SOURCE
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1111111111111111111161111111- MEd Declassified and Approved For Release 2012/10/02 : CIA-RDP90-00530R000801960001-2 % 99111 CON011110 1 *1 9.. I HOUSE Or REPRESENTATIVES I Ran. 99-690 Part I INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR sin JULY 17. 1966.--Ondorod to be printed till.1141ainieN, from the Permanent Select Committee on = Abstelligenoe, submitted the following REPORT together with DISSENTING VIEWS fro accoennaily KR 4769) The permanent wee, c4mmit1oe on Intelligence, to whom was referred the bill (H .R 4759) to authorise appropriations tor risr-al year 1987 for the intelligence and intelligence-related activities of the US. Government, for the Intelligence Community Staff, for the Central Intelligence Agenc-y Retirement and Disability System, and for other purposes. having considered the same, report favorably thereat and recom.mend that the bill do pais with an amendment ? Poison The blll would. (1) Authorise appropriations for fieml year 1987 for (a) the intelligence and intelligence-related activities of the U.S. Gov- nrimiLtb) the Intelligenoe Community Staff and (t) the Cen- tral iggmce Agency Retirement and Disability System; OD Authorise the personnel orainp on September $O, 1987, for the intelligence and intelligence-related activities of the ,USClovernment; ? 0) Arm& the Director of Central Intelligence to authorise porszems1 esainp in fiscal year 1987 for any intelligenoe ale- ansate-Op to 9 percent above the authorised leveliK -44) Prarlds restrictions on support for military or paramili- tary agentions in Nicaragua and Angola; a4mo Declassified and -Approved For Release 2012/10/02 : CIA-RDP90-00530R000801960001-2 Declassified and Approved For Release 2012/10/02 : CIA-RDP90-00530R000801960001-2 _ Director of Central Intelligence awards au ?riled by Section 4503 of tie 5 or pursuant to Section 402 of tha ct may be paid and without regard to Section 5536 of tit 5, which prohibits ieddi nal compensation for the performance o duties by federal civil' ?d military personnel without specific I Slative and ap- 'Weis act authorizations. ttee is aware of the pnersl policy that ilitary per- sonnel are eligible to receive monetary awards fo extraordi- ce. After artfully considering this policy light of ence needs, the Committee concluded that e pur- r of Central Intelligence swards, i.e.. ion of for extraordinary performance by intell ence national intelligence needs by establish' ? ntial cash awards for extraordinarz in li- rmitting ? member or the armed forces h sward in addition to normal pay an is se his civilian counterparts doing Dotes that the small number of r of Central Intelligence prevents ing a substantial outlay drawing the FY 1984 Intelligence Au- f the bill also provides that rd s euthorixed by Section of that Act may be paid . separation, or retire - Armed Forces whose ent of ouch member Thus the subse- or member of the or member (or the award for roblem which arises due to the lag tune rformance of extraordinary service and the Director's approval o e award for that service, or due to the lag time between the Di ? s approval of the award arid issuance of the funds to the individua, present- ing the award. Section hio nage rnent of Civilian Intelligente Personnel of the Section $04 of the bill enacts a new Section 1590 in Title 10 of the United States Code to authorize the Secretary of Defense to provide for management of civilian intelligence personnel of the .military departments, notwithstanding certain civil service laws 'on 1604 of Title 10 enacted talaalimisfla .floor of **Di ,o special in:anti -perootutel soeeti enumbar or au service. justifies IrkZebto *o receive ? Do the same tical wort. 'The Comm authorized by the Di program from intelligence resources. nt to Section 402 made by Section Central Intelligence a r pursuant to 'on 4 bout regard to the des vee or the member of the award, or the ass foreign intelligence du r. status of an employ ' disqualify the emplo. estate) from rectivi ave been eligible. een an individual's "j,;:-. ? - - r ?s`t 7.1 -- I ? the The neb abort:ma= the Director 4503 of Title and accepted rnent of the ernp conduct gave rise to duties other than quent death or chsrigc the armed for cft? does n the employee's or cnembe which he would otherwise ilitar) Departments r? ? ...., ? ? - ? II_ ? similar authon to of to 'Vitt? te igence civilian normal . . . ... 1, .? ence pe ??? .? tary de ta ? ? the gems type of peisonnal management system as applies to civilians ill the rest of the elements of the Intelligence Column- -01V. In the ailiragate, the provision affects only ? very mall frac- tion of the total Army. Navy. and Air Toros civilian workfornes (- Declassified and Approved For Release 2012/10/02 : CIA-RDP90-00530R000801960001-2 11.1 iurt 11/1WIMIsTircirillil Approved For Release 2012/10/02 : CIA-RDP90-00530R000801960001-2 4=ta? " ? -iorized by Section 4rAt t Act ma v be paid and title f), prohibiti- ce of duties by federal cific legislative and ap- :)licy? that military per- awards for extraorcli- this policy in light of :oncluded that the pur- awards, i.e., creation of -mance by intelligence needs by establishing a ?r extraordinary intelli? - of the armed forces to ? ion to normal pay and .an counterparts doing the small number of il Intelligence prevents ...antisl outlay drawing 1984 Intelligence Au- bill also provides that authorized by Section f that Art crie be paid separation. or retire- ,. Armed I. orce. whc - - !Tient of soc. nit nib( r O r merd,. r the t-e or membtr cur t-zeiving thr award for blt. a problem which ?-idual.'s performance of ..roval of the award for the Director's approval ic inclividuti: represent- genre Personnel of the on 1590 in Title 10 of ---cretary of Defense to ..7ence personnel of the ..ain civil 'service laws tie 10, enacted in 1984, Ary of Defense with re- . personnel Section 504 ? military departments :neat system am applies ,e Intelligence Commu- only ? very small frac- civilian workforces tap- 2/ timated Personnel afTected Army-2692, Navy-1377; Air Force- 1671) Although the affected population is small, it performs vitAl national and departmental intelligence functions Granting tht Secretary of Defense authority for personnel man- agement of Army, Na". and Air Force civilian intelligence person- nel will improve the quality of intelligence -C011ection and produc- tion within the military departments by improving the ability of their intelligence elements to attract and retain skilled civilian in- telligence personnel. The military departments have advised the Committee that, due to mvi service n policies pro- MU 8 . . e ice 0 ersoone ? ement which do o ? n- ? ? ormuinagerrientaiEFi-t-- -eivilia-riThon _ne pa cannot retain inte ence Jonas IA weasel vn ir mote them to vinr,--r. ne - ? u e positions. mmittee no at the $ ice e agernent-Mffral Schedule 182 intelligence position classification standards series (GS-132-0), which current)' applies to positions for civilian intelli- gence personnel in the military departments. was issued by the N Declassified and Approved For Release 2012/10/02 : CIA-RDP90-00530R000801960001-2 ,P7r-tr,./..,..- " Tk le- -;,"i.:?ii-r r : =-?'1,...,/1. .. ? - ??;?,....:-:l : ? 1p. I'mer .... ? -;?44 ? wa:.4 cants in the electronic encincer, electricel engineer, and computer science fields. In one specific instance, the Navel Intelligence Sup- Port Center interviewed 12 people for Scomputer science position and made alien to 17 candidates without success. Qf the 17, five tooisrional Securitua snag ine enc. -took the tions . Cei ntra mite. 'a ? ? I -enoe upport Ia r seas ab e to offer a maximum salary of only_ 917,824 to those Indi- viduals. The Naval Intelligence Support Osateralarrhas attempted suisuccessfully for over a rear to fill four positions involving analy- sis of foreign communications antennae and equipment and of mis- sile guidance systems During _the past three years, the Naval Intel- tieence Comnd has lost analysts in grades GS-11 through GS-14 to the Deferiseintelligencie Arm,. the Central Intelligence Agency, and the National Security Agencr.ilocording to the Navy, Lt air the individuals involved in this outflow to other intelli- Senee agescins were employees at the GS-11 level (20 individuals) and at the OS-12 level (49 individuals) who left solely because of the greater promotional opportunities at DIA. CIA, and NSA In one case, a 0S--12 Naval fitelligenoe Support Center analyst left for a GS-11 position at NSA. As a general matter, inability to retain experienced civilian per- tornnel has an especially detrimental effect in the military depart- ments due to the persornel practice of the armed forces of rotating military personnel into and out of intelligence amignmenu in the military departments. Beag use the military personnel rotate so fre- quently, the military departments must rely upon their civilian in- telligence personnel to piovide the element of continuity essential to the effective performance of intelligence functions Accordingly, retention of civilian intelligence personnel take* high priority within the military departments' intell. ence programs. The Commi that . e bill would permit tary cit Defense to create aeparate Army, ivy, an r -Tor' ige n et personnel ment ms. Alter- permit the Secreta exercisuigau ion v e as enacted by Secuort-5041w- villa Ir .A. ity--aadar-Seittion-1605-orntle-10-with- corn nents ------14044a) of the bill would =bawl Title 10 of the United States Code by adding a view sectioci 1590 to authorize the Secre- tary of Defense to provide for management of civilian intelligence personnel of the mfirtary departments. SubPoctios 150000 of Title 10 as contained in Section 504 of the biI] airthorbee the Secretary of Defense to estebliah positions for ci- vilian in parvannal of the military departmeets to carry eut the functions et those ts, to victuals time indi Declassified and Approved For Release 2012/10/02 : CIA-RDP90-00530R000801960001-2 Declassified and Approved For Release 2012/10/02 : CIA-RDP90-00530R000801960001-2 -igineer, and computer :avid Intelligence Sup puter science pobition uccess Of the 17, five :encv and two took po- 7y, for salaries in the .gence Support Center ? $17,824 to those indi? .ter also has attempted 53tionF involving arialy- equipment and of true years, the Naval Intel- grades GS-11 through he Central Intelligence According to the Navy. utflow to other intelli? .1 level (20 individuals) D left solely because of )1A. CIA. and NSA In vort Center analyst left xr.erienced cavalur per Ir. th( rni1;thr. depart- retkiting !.: t as. 47,7,rnt-r.1.1 the pers?inni.! rc,teti fres upon their in- t of continuit essential ? functione Accortiing1). takes high priority ? programs of the bill would permit ? Army, Navy. and Air &gement systems Alter- retary, exerciaing his au- -named by Section 504 in 160f, of Title le with ;etional. Security Agency pect to NSA civilians, to nel management systems omponents if he deems it i Title 10 of the United 0 to authorize the Secre- t of civilian intelligence led in Section 504 of the establish positions for ci- Lry departments to carry irtments, to appointindi- xse individ ls, notwith- ssificstion, or compensa- e thus may exempt civil- epartments, and the per- 26 sonnel occupying such positions. from the civil- 'service laws relatin to n_unabers-cunsation o emp oyees. Subsection 159(Kb) requires the -secretary ofTWIFfflit7ifielercis- ing his authority under subsection 1590(a). to fix the rates of basic pay for military department civilian intelligence personnel posi- tions in_relation to the civil service General Schedule rates for ? ? - .tions with correepon irg utas an responsi i :t 1 ? ---.. 'pectic:nil 594(6 iii?oi.1 also sets -silinqu la "aliieltigliestriaerieral Schedule basic pay rate, on the basic compensation of nonSenior Executive Service military department civilian intelligence person- nel.. Subsection 1590(c) authorizes the Secretary of Defense to employ rates ms of basic . similar to th9se presyntatetscriben _ - b_LL, re ter ?17?"1.71. L.I.,:ir?-.1r?-..ar-x-- .7 ? likvsk.t.lon-illitaiger_lm_personnel ? . nr?!:- - wail i a ? . ? in on 5.942AaX F57 on 5342(0( I( 1 defines as ? prevailirg rate employee "an indi- vidual employed in or under an agency in a recognized trade or craft or other skilled mechanical craft, or in an unskilled. semi- skilled or skilled manual labor occupation. and any other individ- ual. including a foreman and ? supervisor, in a position having track craft, or laboring experience and k.nowledge as the para. Subsection 15citikdi authorizes payment of allowanms based on moun: requirement - livin; COE L( and conditions of environment to civilian intelligence pers-Dnnel of the military departments aimed outside the conti- nental Uroted States or assigned in Alaska Such compensation is in addition to basic compensation and is beak upon living costs substantially higher thar. those in the District of Columbia and/or upon environmental conditions substantially different from those of the lower-0. continental United States if such conditions war- rant the additional compensation as a recruitment incentive. Subsection 1590.,e1(l) grants the Secretary of Defense special au- thority during fiscal year 1987 to terminate a military department civilian intelligence officer or employee whenever be considers it advisable in the interests of the United States and he determines that procedures prescribed in other termiruition statute* cannot be invoked in a manner consistent with national security. Such deci- sions by the Secretary are final and not subject to appeal or review outside the Department of Defense. The Secretary of Defense must . notify the intelligence committees of the Conress promPtlY when the special termination authority is exercised. The requirement for notification to the intelligence committees facilitates oversight of the use of the special termination authority and may provide Infor- mation useful in determining whether to place In permanent law this authority granted for a single fiscal year. Subsection 1590(eX2) provides that an officer or employee's termi- nation by the exercise of the special termination authority does not affect his right to seek or accept employment with a federal depart- ment or agency (other than that from which be was terminated) if the Director of the Office of Personnel Idanagement declares him eligible for such employment. Subsection 1590(0(3) permits the Secretary of Defense to delegate the special termination authority only to the Deputy Secretary of Declassified and Approved For Release 2012/10/02 : CIA-RDP90-00530R000801960001-2 Declassified and Approved For Release 2012/10/02 : CIA-RDP90-00530R000801960001-2 ? A , ? -4t11.? ?-?.t.. ? ' ? ? ,ft . ? -,:t.'01,r'sie r;". 14- s.a. ? _40 .ft40.-: ? ? ? ?.3. . A. ? ...I 46r ?-- 26 below and/or the Secretaries of the Military Departments for the personnel of their respective departments If the Secretary of De- lwin delegates thi. authority to his Deputy or to the service secre- taries, any termination under such delegation is appealable to the Secretary of Defense. Election 604(b) of the bill makes a conforming amendment to the 'table of sections of chapter 81 of Title 10 of the United States Code. Section 505. NSA Acquisition of Critical Skills Section 505 of the bill emends the Netional.Security Agency Act of 1959 to authorize the Secretary of Defense to send NSA civilian 1001 to be students at accredited professional, technical and ititherP1=Itutions of higher learning for training at the undergrad- -Amato Weal. The purpose of Section 505 is to establish an undergrad- Mate training program. including training which may lead to the Assecalauraste degree, to facilitate the recruitment of individuals, 'particularly minorit high school students, with a demonstrated co- \ pability to develop skills critical to NSA'. minion. Section 505 is designed to increase the capability of NSA to acilleve simultaneously two of its important personnel objectives (1) ensuring equal employment opportunity within NSA through affirmative action and (2) developing and retaining personnel trained in the skills essential to effective performance of NSA 's minion. The NSA mission demands employees of extraordinary. aptitud. and strong bas,c undergraduate training in certain discipline.: such as mathernati. computer science, engineering and forei,::. languages The ins..iiutions of higher learning in the United State: currently do not produce a sufficient pool of such graduates to sat? isfy the personne requirements of the private sector and of grivern ment agencies Gi.en the short supply of qualified college grado? etas in these disciplines. NSA has difficulty satisfying its esi.entis: needs for such personnel Within this general requirement for skilled penionnel, the Agency has even greater difficulty recruiting sufficie.nt qualified minority graduates to meet the Agency's obliga- tion to ensure equal employment opportunity through affirmative action. The Agency has difficulty competing with other employers and particularly private sector employers who can offer more fa- vorable cornpensatior. arrangements, to attract these graduates Section 505 presents a workable solution to the problem the Agency has in attracting sufficient numbers of high aptitude col. lege graduates, particularly minorities, trained in critical basic dis. ciplines. Under Section 505, the Agency can identify high aptitude high school graduates, with special efforts to identify minority high school students, and offer them NSA employment and an under- graduate education funded by NSA. Section 505 enacts ? new Section 16 of the National Security Agency Act of 1959 (50 USC. 402 note) to establish the NSA un? diruate training program. bedsction 16(al states the purpose of the section, which is to es- tablish an undergraduate training program, including training which may lead to the baccalaureate degree, to facilitate the re- cruitment of individuals, and particularly minority high school stu- Declassified and Approved