SENATE PASSAGE OF FISCAL YEAR 1986 INTELLIGENCE AUTHORIZATION BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000300360001-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 22, 2016
• Document Release Date: April 6, 2011
• Sequence Number: 1
• Publication Date: September 30, 1985
• Content Type: MEMO

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044-0Y
MEMORANDUM FOR: See Distribution
FROM:
OLL 85-2838
30 September 1985
Chief, Legislation Division
Office of Legislative Liaison
SUBJECT: Senate Passage of Fiscal Year 1986
Intelligence Authorization Bill
1. Late Thursday evening, the Senate passed S. 1271, the
FY 1986 Intelligence Authorization Bill. During the attached
floor consideration of the bill, the Senate affirmed the
decision of the Governmental Operations Committee to drop the
Executive Schedule increase for the DCI and DDCI and accepted
an amendment from the Armed Services Committee which provides
access by the Department of Defense, Central Intellligence
Agency and Office of Personnel Management to state and local
criminal history records for the purpose of conducting a
security background investigation. In addition, the provisions
on diplomatic reciprocity and travel limitations of individuals
serving in United Nations were dropped from the bill since
these provisions already had been enacted as part of other
legislation.
3. In another floor amendment, funds available to the FBI
for counterterrorism activities were increased by approximately
$20 million. In addition, existing provisions providing
increased retirement credits for CIA employees serving in
unhealthful areas, and expanding the DoD's use of proceeds fror
counterintelligence operations were left intact and approved as
part of the bill.
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4. During Senate floor consideration of S. 1271, Chairman
Durenberger and Vice Chairman Leahy also addressed the subject
of Agency funded assistance to the Nicaraguan resistance.
Senator Durenberger makes clear in this exchange with Senator
Leahy that while the Committee has authorized $28 million to be
placed in the Reserve for Contingencies for assistance to the
Nicaraguan Resistance, that subsequent Congressional action
prohibiting CIA administration of humanitarian aid funds has,
in effect, overtaken the SSCI's earlier action and precludes
any use of Agency funds inconsistent with the restrictions
contained in the 1985 Supplemental Authorization Act. Chairman
Durenberger's assurances concerning the use of Agency funds in
this regard were considered necessary to prevent a floor
amendment from being offered by liberal Democratic Senators
that would have established a mandatory cap on assistance to
the Nicaraguan resistance.
5. Following Senate approval of the bill, an agreement was
reached on the conferees who will represent the Senate in the
upcoming Senate/House Conference on the Authorization bill.
The conferees for the Senate will be: Senators Durenberger,
Cohen, Hatch, Murkowski, Hecht, McConnell, Leahy, Bentsen,
Nunn, Boren and Bradley.
6. Since the House passed their version of the
authorization bill (H.R. 2419) in July, we expect the
conference to take place shortly and are presently preparing a
letter for the DCI's signature to the conferees that will
represent the Agency's position on various aspects of both the
House and Senate bills.
Attachment as stated
Distribution:
/I
Original - LEG:Subject: (s) ntelligence Authorization
Miscellaneous Personnel
Immigration
Stump Bill
1 - SWH Signer
1 - C/Liaison/OLL
1 - D/OLL
1 - DD/OLL
1 - Office of General Counsel
2
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1
1
1
- Intelligence Community Staff
- Executive Registry
- DDO
1
- DDI
1
- DDS&T
1
-DDA
1
- Office of Comptroller
1
- Inspector General
1
- Director, Office of Personnel
1
_pucmfficeof
Security
DIA
1
1
er/Dept. of Army
Inc es
1
- R. Seimens/Dept. of Navy
1
- NSC Staff/Cannistraro
1
- NSC/Ken DeGraffenreid
1
- State Dept/L. Pollard
1
- DOJ/Jack Perkins
1
- FBI/E. Moschella
1
- DEA/R. Schultz
1
-
DoD/M. Cifrino/Ted Hess
1
-
NSA/
1
-
White House/Paul
Thompson
LEG/OLL
jb (27
Sept 1985)
3
-
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S 12952 CONGRESSIONAL R LCC)RD ?. :ATI Sept c nib(' r f,.
di, uu,r 0 ,..p, , 0 ,? 0 in st.t1101, i of i hi- re?sr? fil; 17, eCi7il7/', C:.%,,'..'tei Tflft? I hi A,! It:' Call. that ar. goings to be recoie.,:ti?r! 0.
;,?.
h n it io lot ill. u?. of Ilii' C00110111., Oil 1/t1011/ Jirl 2i. 1?.I; (SO fital 535, 1,- ow, !,..id, of 0,, ami
Fiti, and Admini-i rai ion ,
amend, d In ,..1 ril..reii (iii in Iii' tiro park
Mr. DOLE. I mote- to reconsider tilt
and b% insertinr a' the end theriefif "Tie dent. as far a,, the' Chair cor.,:eri,e,
graph th. re?of ' Arra approar he.. I h.?rrorc Iv:r Dl-IENBERCil:R. NV
vote. by it Inch the: mea-sure was ag d ree
Stale FMao,- and Nev. itamo.hir, ro. RP theres n
io reason for a roll( all ?tc
to.
Mr. BYRD. I mo vv to las that thor ii,ed lo aim aii rOttel run or. main:, . There %Ad] be Imo minor remerietrters
ml
motion on the table. ie, row on. ei.! lc m Ri aid horif (1',1 r t.hr one on behalf of Senator Bt -,i t h.
The motion to lay on the tabli was approach road. and grade Si panel on strtu other on behalf of Sena; or Sitv.i-,,,,,,,,
tures in i he ir respect pr areas As pro% idcd
acre .ed LO. In main, Prix at, and Sire( la! Lax... Chaplet nen her of v. hich require, a rol.-i,..
tote. No rollcall will t-. ii,.cessar:. 07
31i. 1985. and N.Ar. Hampshire Scar up.,-.
pa..-sag.tr?
Chap!, r 415. Hobs the respecihr Sr at '?.'
PURCHASE OF CALENDARS sht:i require the Auifuoruts tr, pro- Jo( An Mr. DOLE Mr Presi(P?n!. or; te,..?
The resolution (S. Res. 232) re lating thorn?. I und, to, caP,fal ImPro?cint'fit?- . ? basis. and I think the tii-ini..ii-:. c.
to the purchase of calendars. was con- Mr. DOLE. I move to reconsider the- minoritN leader might agr, i . wit h IL
sidered. and agreed to. as follows: vole by which the measure- was agreed assurance on both hid s that no
S Res 232 to. call vote u ill bt requcste.d. I tliini.
R, suited That the Committe, on Riii,, Mr. BYRD. I move to lay that can indicate to Mumbe i's t hs:
and Administration is authorized to expend motion on the table. v.-ill b( no rolicall vote.- toniyht Is.-,
from the continient fund DI the Senate. The motion to lay on the table was will not be in session tomorrow. W.
upon voue hers approved by the chairman of agreed to. will cenne in AI approximatt I:\ 11 a rr.
that committee. not 10 exceed S67.980 for on Monday. and there will be no ?.c,:t..
the purchase of one. 'hundred and three on Monday until 4 p.m.
STAR PRINT OF REPORT NO.
cie;i ributed a, prescribed by the eon-31111ft(
thousand calendars The- cal( ndars shall be
99-105 Mr. BYRD. Mr. President. I th:r.i.
that would be desirabi( .
Mr. DOLE. I move to reconsider the Mr. DOLE. Mr. President. I ask Mr. DOLE I thank the manacer? e,f
vote by which the measure was agreed unanimous consent that Senate the bill. I yield the floor.
to. Report No. 99-105 be star printed to Mr. President. there will be no rtv.f,
Mr. BYRD. I move to lay that reflect the following changes which I
motion on the table. rolltall votes this evening and we- v...!
send to the desk. not be in session tomorr
The motion to lay on the table was The PRESIDING OFFICER. With.
ow.
agreed to. out objection. it is so ordered.
AUTHORIZING THE PRINTING
OF A REPORT
The resolution (S. Res. 181) author-
izing the printing of the report enti-
tled ?Highway Bridge Replacement
and Rehabilitation Program, Sixth
Annual Report to Congress.- as a
Senate document. was considered. and
agreed to. as follows:
S. Ras. 181
.J-soil-,. That the annual report of tht
Secretary nf Transportation to the Congress
of the United States in compliance with sec-
tion 1.14(0 DI Lille 23. United States Code
entitled, "Highway Bridge Replacement and
Rehabilitation Program. Sixth Annual
Report to Congress be printed as a Senate.
doc;iment.
Sec. 2. There -shall be printed three 'hun-
dred additional ,copies for the vse of the
Committee on Environment and Public
Works.
Mr. DOLE. I move -to reconsider the
rote by -which the measure was agreed
to.
Mr. BYRD_ I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
TRANSFER OF CERTAIN AU-
THORITY TO THE STATES OF
'MAINE AND NEW HAMPSHIRE
The bill :(S. 1701) to authorize a par-
tial transfer of the authority of the
Maine-New Hampshire Interstate
Bridge Authority In the States of
Maine and New Hampshire. was
considered, ordered to be -engrossed
for -a third reading. -read the third
time. and passed: as follows:
S. 1701
Be it enacted bp the Senate and HOUNC of
re.selaCt11?C.S of the United Star., Of A70(7-
STAR PRINT OF REPORT NO.
99-135
Mr. DOLE. Mr. President. I ask
unanimous consent that Senate
Report No. 99-135 be star printed to
reflect the following changes which I
send tome -desk.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
TITLE AMENDMENT TO H.R. 2005
Mr. DOLE. Mr. President, I ask
unanimous consent that the title of
H.R. 2005 be amended so as to read:
A bill to extend and amend the. Compre-
hensive Ern ironrnental Response-. Compen-
sation. and Liabilit Act of 19811. and for
other purposes.
The PRESIDING OFFICER. Is
there objection? Without objection, it
is so ordered.
ORDER OF PROCEDURE
Mr. DOLE. Mr. President. I ask
unanimous consent that the Senate go
into executive session to consider the
following nominations on the Execu-
the Calendar.
Mr. BYRD. Mr. President. I ant not
prepared to do that yet.
Mr. DOLE. Mr. President, as 1 un-
derstand it, the managers handling
the intelligence authorization bill will
not require a rollcall vote. Is that cor-
rect?
Mr. LEAHY_ My understanding on
this side. Mr. President, is that there
will not be a request for a rollcall.
There will be a short colloquy that the
chairman of the committee and I shall
have regarding Contra aid. That will
obviate the necessity of an amend-
ment and a rollcall. J know of no roll-
liKELLIGENCE AUTHORIZATION
1986
Mr. DURENBERGER Mr.
dent. I ask unanimous consent ?ha:
the Senate now turn to Calendar NU.
287. S. 1271. the Intelligence Authori-
zation Act.
The PRESIDING OFFICER (Mr
WARNER). Without objection, it is se I
ordered. The .clerk will state the- bL
by title.
The assistant legislative clerk read
as follows:
A bill eS. 1271. to authorize appro;--r.-
tions for intellige nee activities of tr, Ci
Stat en. Gcr.ernment. the Inle-Inve.ner Co::
rntin0 Staff. lb. C.ent rai Int( ;;._
Arene\ Retire?rneri and DisabJr \
and for other p?Jrpose-s.
There being no objection. the Sena' (
proceeded to consider the bin. tthie.1-.
had been reported from the Corarni:s
tee on Armed Services and on behalf
of the COMITillif'e on GOverrilnf !":!a
Affairs, with amendments as follows:
(The parts of the bill intended to be
stricken are shown in boldface bra-k-
ets and the parts of the- bill interp('d
to be inserted are shown in italic.s..
S 127:
ES, :! enac.ted Sc7;c1(
e? lit l'n?ted Sc!'.
24'??-r1C-Ci in ?Ccr.-, Tft(:t 't-
Act nta be cited a:- -the ' HT.(
thoriza lion Act for fis-t.i.! year .
TITLEI ?INTELLIGENCE ACTIVITIF.
artruoilz \riot,: Cc A1:77,...,PF.i,:ririN,
SEC. 101 Fund- are bele.b7. FUit
la, appropriate.? for -fist?ar 7-cat .19Eir? ;o:
ednducl sol ti it.1.1:02enc, ac?r..."7,,.? of In.
ii:. t of the
a--
Go: ernme.nt-
(1.- The Cent ra: hot lligence \
12e The Department of Defer-is(
(3 . The.Deff.11,f int e?Iiiire?nde, Ar "n''
.4, The S; curity Ar.:enc%
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,Nprernber 261 LK;
CONG R ESSI
(5) Tho Departrn
of the Air Poi-et .
Wir-IIIwill 01 /lir Na% y. and the Department
( lit of the Army. the De-
(6) Tilf Department of Slate.
(7) Til( Dem rt merit of i he Treasury'.
(8 i Th( Di partmtnt of Energy.
(9) Th( Federal Bureau of investigation.
CLASSIE/ED SCHEDULE OF AUTHORIZATIONS
SEC. 102. The amounts authorized to be S
appropriated tinder section 10j. and the. au-
thorized personnel re/lines as of September S
30. 1986. foi thi. conduel of the in t)
activitie. of the elements listed in such sec- 30
hon. are I hose specified in the classified C
Sehedul( of Authorizations prepared by the P1
Select Conirrittet on Intelligence of the St
Senate. That Seheoule of Authorizations me
shall IN made at aila.bli? to the Committees (
on Appropriaeore- of the Senate and the- flu
Ifi,use of Ft, pre,(4,taen es. and to the F'resi- sele
(1, Ill. Tiff Presiderit shall provide for suita. sen
b1( distribution of t:e. sehedule. or of appro. Sta
executh e? brae-a-1r.
priate portions of the schedule, aithin the acti
coNGRESSIONAL NOTIFICATION OF EXPENDI- erni)
?IONS
TURES IN EXcESs OF PROGRAM AUTHORIZA- OF I/
FC
SEC. 103. During fea?al year /986. fund, elern
Intel
may not bt made a! ai!able for any 'meth- shall
pence activity unless surh funds have been exeeP
specifically- authorized for such activity or,
in
in the case of funds appropriated for a dif-, b1( ba
ferent activity.. unless the Director of Cen- fc'r th
(rat Intelligence or the St cretary of Defense ia"roetti.
has notified the appropriate committees of
Congress of the intent to make such funds INTEL/.
availablt? for such actr,it-. except that in no TERE
case ma v reprogramming or transfer au- GENCE
thority be used by the Director of Central SEc. 2
Intelligence or the Secretary of Defense and Per
unless for higher priority intelligence aciti- ty Staff
litres. based or, unfor seen requirements. the Nat
than those for which funds were originally' 401 et
a tithorizeci. and in no cas-: where the intelli- Agency
(el has been denied by Congress.
nee activity. for which funds were request- in the sa
PERSONNEL CEILING ADJUSTMENTS
SEc. 104. The Director of Central Inte/li- AGEN
nel of th
TITLE
i-ence may authorize employment of civilian ITY SI
personnel in excess of the numbers author-
and 202 of this Act when he determines that
ized for fiscal year 1986 under sections 102 sE(... 30i
ACTH
such action is necessary to the performance priated fo
that such number may not. for any element
of important intelligence functions. except year 1986 t
Retiremen
of the Intelligence Community. exceed 2 per TITLE
centum of the number of ci,. than personnel atralic.,a/r)?
authorized under such sections for such ele-
ment. The Director of Central Intelligence
Shall promptly notify- the Permanent Select tions by t hi
Committee on Intelligence of the House of -
SEc. 401.
Representatives and the Select Committee telirgence ac
on Intelligence of the- Senate whenever he 0)01-Azad by
stitutf atilil
tiOn.
exercises the authority granted by this sec- United State
AUTHORIZATION OF APPROPRIATIONS FOR
AND ENGINEERING FACILITY AT THE NATIONAL
DESIGN AND CONSTRUCTION OF A RESEARCH SEC 402. .
INCEEASES I
BENE
SECURITY AGENCY HEADQUARTERS COMPOUND Illi.S At 1.07
SLc. 105. The National Security Agency is othier benefit
authorized to secure the design and constuc- be increased
Pon of a research and engineering facility' at mental amour
114 headquarters compound at Ft. Meade.
Maryland. A single continuous contract may tion or benefit
any increas. s
be employed to facilitate completion of the TITLE V?FA
Sailding authorized by this section. and the TION OF C
Serretary of Defense is authorized to con- LIGENCE SC)
Owl for design and construction in advance
W appropriations therefor. but the cost of
lamer) facility may not exceed 875.064.000. Of Sec. 501. Sect
IMMIGRATI
UN amounts authorized to be appropriated and Nationalil3
laver section 101(4) of this Act, there is au- amended by add
%honied to be appropriated for fiscal year following new su
46 the sum of 821.364.000 for design and "(g)rl, Whenet
lakak beet ion during fiscal year 1986.
lanatruction of the facility authorized by Intehigence. the
Commissioner o
ONA L REC
TITLE II? 1NTELLIGENC
STAFF
AUTHORIZATION OF APPR
SEC. 203. There authori
priated for the Intelligen
Staff for fiscal year 198
22.283.000.
AUTHORIZATION OF PERSONNEL
Sec. 202. tar The Intelligen
tall is authorized two-hund
ire( full-time personnel as
. 19b6. Such personnel of t
ommunit3 Staff may be pe
()pl.., of the Intelligence
aff or personnel detailed fr
Tits of he United States Go
tar During fiscal year 1986.
. Intelligence Community S
cled so as to provide appro
tation from elements of
tes Government engaged in
Di?ring fiscal year 1986. a
loye( of the United States o
p Armed Forces who is det
liwence Community. Staff fr
ent of the United States G
be detailed on a reirnbur
t that any. such officer. e
bur ma Y be detailed on a no
sis for a period of less tha
C performance of temPorara
e.
uired by the Director of Cen
reENCE COMMUNITY STAFF
D IN SAME MANNER AS CENTP.A
AGENCY
03. During fiscal year 1986.
sonnel of the Intelligence C
shall be subject to the prot
ional Security Act of 1947 (
seq.) and the Central Int
Act of 1949 (50 U.S.C. 4301
me manner as activities and
e Central Intelligence Agenc
III?CENTRAL INTELL/
CY RETIREMENT AND DI
'STEM
ORIZATION OF APPROPRIATION
. There is authorized to be
r the Central Intelligence A
t and Disability Fund for
he sum of $101.400.000.
IV?GENERAL PROVISIO
FOR THE coamucr OF INTELLI
ACTIVITIES
The authorization of appro
s Act shall not be deemed to
ority for the conduct of an
eivity which is not otherwis
s.
the Constitution or Jaws of
N EMPLOYEE COMPENSAT/ON A
FITS AUTHORIZED BY LAW
Appropriations authorized
salary. pay, retirement. a
s for Federal emPloYees
by rn
such additional or Supp
its as may be necessary f
in such employee compens
s authorized bylaw
CILITA TING NATURALIZ
ERTAIN FOREIGN INTE
UR CES
ON AND NATIONALITY ACT
AMENDMENT
ion 316 of the Immigration
? Act (8 U.S.C. 1427) is
bsection:
ing at the end thereof the
.er the Director of Central
Attorney General and the
f Immigration determine
ORD ? SENA TE
S 12253
E comMUNITy that a petitioner otherwise eligible for slat u.
OPRIATIONS ralizat ion has made. an extraordinary contri-
bution to the national security of ih,
Zed to be appro_.. United States or to the conduct of United
ce Community States intelligence activities, the petitioner
6 the sum of may be naturalized without regard to the
residence and physical presence require-
END STRENGTH ments of this section. or to the. prohibit ems
of section 313 of this Act, and no residence
red-and-thirty- required.
ce Cornmunity within the jurisdiction of the court shall be
of September
he Intelligence tiled pursuant to this subsection in any dis-
rmanent ern- -(2) A petition for naturalization Ina.,.' bi
Community trict court of the United State5. without
vernment.
orn other etc. Proceedings under this subsection shall be
regard to the residence of the petitioner.
personnel of conducted in a manner consestent %kith th,
taff shall be and activities.
Protection of intelligence sources. rnettioc?
priate repre- "(3) The number of aliens nat uraliz!-ci Our.
the United
intenigencf. suant to this subsect c,r) in any fiscal ye.:.r
shall not exceed fifteen. The Director- Cr
nry aofmfiecmerbeolr Central intelligence shall notify the. Select
Committee on Intplligence of the Semite
ailed to the taenndi gtpnec ePeorfm tahnee nal ?Sues] eecot fen? me pnr) (i .tsteene t oa riii11(17, -,
om another
sable basis.
"ernme'n the provisions of this subsection.".
each time a determination is made to apP13
mployee. or
reirnbursa- TITLE VI?ADMIN/STRATIVE
PROVISIONS
n one year
' functions USE OF PROCEEDS FROM DEFENSE DEPARTMENT
tral Intel- COUNTER/NTELLIGENCE OPERATIONS
SEC. 601. (a ) During fiscal year 1986. th.?
ADMINIS- Secretary' of Defense may authorize use of
L INTELLI- proceeds from counterintelligence oper-
ations conducted by components of the Atli-
activities tary Departments to offset necessary ancl
ommuni- reasonable expense.s incurred in such taper-
isions of ations without regard to the provisions of
50 U.S.C. section 3302 of title 31. United States Cod.
enigenee suCh) count;Iriraitet1Pi:enZ Porpecra"-tdi'onfroamre anT'Ll.
Peet rsseov
longer necessary' for the conduct of that op-
GENCE
Y. eration. such proceeds shall be deposited
into the Treasury as miscellaneous receipt e
SABIL- RETIREMENT BENEFITS FOR CERTAIN CENTRAL
S UNHEALTHFUL AREAS
INTELLIGENCE AGENCY EMPLOYEES SEF.VING IN
appro- SEC. 602, Section 251 of the Central int ei-
gency
fiscal ligence Agency Retirement Act of /964 for
Certain Employees 150 U.S.C. 403 note) is
amended by inserting "(a)" after "SEc. 251.-
NS
ing new subsection:
and by adding at the end thereof the follott -
GE/let "(b) The Director of Central intelligence
may' from lime to time establish. in consol?
pria- tation with the Secretary of State a list of
con- places which by reason of climatic or other
Y in- extreme conclitione are to be classed as un-
e au? healful posts. Each year of duty at such
the posts. inc/usit-e of regular leaves of absence.
ND shall be counted as one and a half years in
computing the length of service of a particr?
Pant under this Act for the purpose of rc-
os, tireinent. fractional months being consid-
nd ere as full months in computing such set-v-
as' ice. No extra credit for service at such un-
je. healthful posts shall be credited to any
or
-
or ticipant who is paid a differential under see-
a-
Code. for such service.".
lion 5925 or 5928 of title 5. United States
A-
L- 1COSIPEN5AT/ON OF DIRECTOR AND DEPUTY
DIRECTOR OFGENERAL INTELLIGENCE
Sec. 603. tar Section 5312 of title 5. United
States Co&. is an)ended by adding at the
tral int elligenee.?'.
end thereof the following: -Director of Cen?
(b) Section 5313 of title 5. United Starr..
Code. is amended by inserting "Deputy ??
before "Director of Central Intellieence.".
(e) Section 5314 of title 5. Uniii-d siar(.;.
Code. is amended by striking out "Donut.%
Director of Central Intelligencc.".]
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S 12211
APPLIC 4140111 SF ;FOREIGN MISSIONS OCT TO RN-
DIVIDUAIS ON SLOONDMENIF NO ENE 4.11SHIED
MATIONS ONCRICIAR IA
Lir. /thee AM. The Secretary ed Stade is
diameted io apply I Andividualls Mho are
oo iscondinem them their respective got-
ernmeats to the United Nations Secretarial
sun and ail items.. /imitation& restrictions.
or conditions imp' icadOle to indieduats pursu-
ant In the Posner) Miions Act of 1582 t22
U.S.C. 4301 et seq.). as may from Aline ao
LAM' he applied to members of the consul.
ales. 4:11211REAPS. .or missions its the United
Nations .of thaw respect 'VC governrne_ntsin
tlu United States pursues:it to the Foreign
Missions Act.
. TITLE VII ?121PLOMATI C
EQUIVALENCE AND RECIPROCIITY
SHORT TITLE
Ser. VOL This title may be cited as the
-Diplomatic Equivalence and Reciprocity
Ai e el 1985".
enurti
l'AJ2. Ito It *the f the United
States that the number of nationals of the
Soviet UrIon admit bed to the :Unit ed States
who serve as diplometic or 'consular person-
nel of the Soviet Union in the United .States
shall not exceed the number of United
States nationals -admitted to the Soviet
Union who serve as 'diplomatic sr :consular
personnel of the Boned States in the Soviet
Union unless the President -determines and
so eels ifies to the Congress that additional
admissions of such personnel would be in
the best interests of Mel:hilted -States.
lb) The polit-3- contained in subsection (a)
shall not apply to dependents or spouses
ho do rim serve as diplomatic or consular
personnel,
REPORTING REQUIREMENT
Sec 703. Not later than six months after
the date of enactraent of this title. the Sec-
retary at State and the Attorney General
shsll prepare and transmit to the aGan-
tee on Foreign Relations and the Select
Committee en Intelligence of the 'Benne
and the Committee on Foreign Affairs and
the Permanent Select Committee on Intelli-
gence of the Reuse re RePreserdatiees
report Set nee forth *plan _for thinning that
the -number of SIRIPI stational& described in
section /0.1 does not -exceed t-he Amitation
described en such section.
DEFINITIONS
SEC. 304.1tor purposes of this title?
s li the term 'diplomatic or consular per-
sonnet!" .rneasis the members of the diplo-
matic -niession or /he Members of the 'consul-
ar post. as the cam may he:
eV the berm '-members, give diplernirtie
mignon-- is used within the meaning of arti-
cle l(tn of the Vienna Convention en Diplo-
matic Relations, done on April U. 1e61: and
) the term ?members -of the consular
post- is used within the meaning of article
of the Vienna Convention on Consular
Relations. done April 24. 44)63.
TITLE Yell ?ACCESS TO CRIMINAL 'EMS-
TORY RECORDS FOR IIATIONAL SE-
CURITY 'PURPOSES
CONGRESSIONAL FINDINGS AND POLICIES
Sec. ?80'1 . The -Congress finds ?
(1) that -tinder the Constitution. Congress
has the respensibeirs- and power to provide
for the common defense and secure j of ems
Nation:
(2) that the interests of .national SOClaritY
requite that I he ilaepartment of 'Defense.
the ?Dflicre of Personnel Manapemene or attic
Central tratelliftenoe.Aeescy conduct investi-
gations of individuals Jar the :purpose of de-
turnureue eligibility 'or aocees to classified
informal ion assignment to or retention
7%. GRESSIONAL RECORD SEN
sensnove motional securite genes. -or accept -
once or retention inthe :armed services:
(3 that the Interests -01 national security
require that the Department of Defense,
the orrice of Personnel Management. or the
()rental Intelligence Agency 7rase acme le
criminal history record information elven
conducting investigations of Individuals for
the purpose sof gleterinining eligibility for
seems to olasaiLied information. assignment
to Sr retest:ion senaiLive national serurity
duties, or atheptaace or vetention inthe
tinned services: and
.144 that the interests of national secunity
have been adversely affected by the ethics
lance and velumj of some Stale and local
criminal etistioe agencies to provide criminal
lectors* recosd informatiosa to the DePart-
mem -of Defense. the Office of Personnel
Management, or the Central intelligence
Agency for use An bivestigations of individ-
uals &or the purpose of determining eligibil-
ity for access to classified information. as-
signment -Lair retention An sensitive nation-
al security duties, or acceptance or eetention
in the armed services.
Sec. 4102. Chapter 21 of title it/ United
States -Code. As amended be striking out sec-
tion 520a andsubstit utiog tne 'following:
'*2lm Criminal eilaory oscord infunitutiso akar
simionat semolie purposes
-1a) As used in this thapter
*telt The 'term et-Menai iustice agency' in-
etudes Pederal, etaie, and local agencies and
means: (A) courts, or (B) Government
agency or any subunit thereof 'which per-
tonna the ariministration fit criminal Puttice
pursuant to a statute or Exeentive order,
and which allocates &substantial part of its
annual budget to the administration of
criminal justice_
-(2)1kw tem 'criminal lemon record in-
formation' means information collected by
criminal Oistace.agencies on irnlividuals con-
sisting of identifiable descriptions and nota-
tions of .arreals. 'detentions, thdiottnentt in-
formation. or other formal .criminal chews,
and July dieposition arising Therelrom. Aare
tenting, :correction supervision. and release.
The term does not include identification in-
formation mice as Tmgerprint records to the
extent that :such informatian does mat Mai-
date =involvement of the indixidual in the
criminal _lumber .systean. The term 'does not
include those reconls sealed pursuant to a
lawialorder of assevrt of laa-.
-(3) The term 'classified information'
means information or -material designated
pursuant -to the provisions of a statute or
Eiceentive order -as requiring _Protection
against thauthorieed diseloeure for reasons
of --netional secuth-e-
-44, The term -Bute' means any of the
several Staves. ?the District -of Columbia, the
Commonwealth of Puerto Rico. the North-
ern Mariana Islands. Guam. the Virgin is-
lands. American Samoa. the Trust Territory
OP acific Islands and an other territory or
possession a! the United States
"(5) The term *local" and locality. means
any local :government autbority or agency
or component thereof within a State having
jurisdiction over matte= at a-county.. MIMIC-
ipal. or other local government level.
b)(1) Upon reeuest by the Department
of-Defense. the Orrice of 'Personnel Manage-
ment. or 'the -Central Intelligence Agency,criminal justice agencies Shall make avail-
able criminal geolory record ineorinetion re-
garding individuals sinder investigation by
the 'Department Defer-. the Office of
Bericumel Management as the Centeal in-
telligence Armee dor the sampose of deter-
mining eligibility for Lk alCOESS to -ciassitied .
information sasigiament su retention
in sensitive national -security duties, or
aocepLasce or retention an the armed sere-
SEsotember 11114
loss. Pies chanted dor peovalling cantina'
Kelsey rermrd information pursuant Ito this
subsection shall not exceed those charged Ita
Other criminal Mortice agencies tor sueh
in-
formation.
-(2) This slobs:retort the) apply not:with-
standing any ether provision of law or regu-
lation rif any State or of any locality within
a State, or easy other int of the United
States.
-eci The Department of Defense. the
Office of Personnel Management. or the
Central lintennlience Agency -shall not obtain
criminal history record Info/motion pursu-
ant to this section unless A bas received
written consent frown tee individual under
Investigation for the veeease of ouch infor-
mation for one or more of the purposes art
forth In subsection eto.
-ed) Olsten& -history *record 'information
received tinder this section -shall not be dis-
closed except for the purposes set forth in
iarbsect ion lb) or -as provided by section 5e2a
of title 5. United States Code.-.
Sec. 803. The amendments made shall
becomeeflective with respect in any inquiry
which begins after the date of enactment of
this Act eonducted by the Department of
Defense, the Office of Personnel Menage-
mene or the Central babelligenee Agency",
for any of the purposes specified in subsec-
tion (h) of section -820a of title be. tinned
States Code, as added by this Act.
Sec. Ma These arnemdments are :made
poi-snare to the powers -vested in Congress
as Sound in *section 8 of :article I of the
limited 'States Constitution,
Mr. DURENBERGEB. bar. Presi-
dent. I ask unanimous consent that
the .amendments el -the Clarnmittees
on Armed .Services and Governmental
Affairs he *greed to .and that the sill
as amended be treated as original /eat
for the 'purpose WI future amend-
ments.
The PRESIDING OFFICER. Is
there objection?
Without objection. it is .so ordered.
The sane.ndments were ^greed to.
naninanr 00, gig
-Mr. DURENBERGER. 'Mr. Presi-
dent. on behalf of the Select Commit-
tee en Intelrigence. I send to The desk
amendments to amend tithe WI ;aerid
title VII and ask insitairnons eminent
that they he considered en blot.
'The PRESIDING OPPICEfft. With-
out objection. It is zo ordered. 'The
amendments will be stated.
The aseiStant legislative 4:Jerk read
as fellows:
The Seriatim from Minnesota (Mr. DUREN -
BIEBGE21 tor tunnel' and Mr. tainirv, pro.
posesan amendment ourribeved 711.
Beginning on page Ve. line 12, strike eat
all through page LE line at.
-Mr. DURENBERGER. Mr. Presi-
dent, :it zny privilege to bring to The
floor the intelligence autloriz,atine
laTh abicia authorizes anpnoprintions
for U.& intelligence itativitites for tiscal
Year LtElft.
The Select Omarriktee men Intelli-
gence views the wrinctal budget author-
ization process as clue of the principal
means of tulialing its oversight
spansalitaitieS because of the insight
and letierage that this !process prorides
in tinfluerming the dung-term meow and
direction of 'US. intelligence -efforts
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al
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September .06, 1985 CONGRESSIONAL RECORD ? SENATE
The legislation which we are
before the Senate today author
propriations for those programs
activities of the U.S. Gore
which serve the intelligence ne
our national policymakers. T
eludes the Central Intelligence Ag
and the National Security Agenc
well as the nationa l intelligence
ties of the Departments of be
State. Treasury. and Energy, an
Federal Bureau of in
bill also authorizes appropriatio
the intelligence community staf
the Central Intelligence Agency r?
merit and disability system, and
eludes several legislative provisio
enhance the effectiveness of our
ligence agencies.
This year, as in the past, the com-
mittee conducted a comprehensive ex-
amination of the intelligence budget
request- However, for the first time
since the cohunittee was formed, the
entire budget authorization process
was reviewed at the full committee
rather than the subcommittee level,
which enhanced member participa-
tion. Twelve hearings were held which
included testimony from the Director
and Deputy Director of Central Intel-
ligence. key Defense Department offi-
cials. and each of the principal inteni.
gence program managers.
Because of the sensithity of the ?;
matters dealt with in the intelligence u
authorization bill. I cannot discuss de-
tails In open session. These recommen-
dations have, however, been set forth ed
in the classified annex to the commit- de
tee's report, a-hich has been available te
to Members under the provisions of
Senate Resolution 400 since June. sit
As is stressed in our reports, the In
committee believes that strengthening
and Improving the U.S. intelligence wh
system should remain among
highest national priorities. As we ha
emphasized in the past, investment
intelligence must grow to ensure th
the intelligence community is able
meet the challenges that our natio
will face in the late 1980's and beyoncl
The committee recognizes that
creased investment alone will not ne
essarily lead to the intelligence cepa
bilities required in the years ahead
We must also be more innovative
crafting the Nation's intelligence ac
tiv't.
laying an ever-ccaistant vigil for those who
izes ap- would threaten our security.
and The conunittee feels that it is be-
rrunent coming increasingly important to
eds of structure the intelligence capability so
his In- that our Nation is assured of the peace
ency and independence upon which it was
Y. as founded. In its charter in Senate Reso-
aetivi- lution 400. the cortunittee was assigned
Sense- the responsibility to assure that the
d the appropriate departments and agencies
The of the United States provide informed
ns for and timely intelligence to the execu-
f and tive and legislative branches. With
eti_re- these factors in mind, the members of
it in- the committee have identified and es-
its to
tablished a long-range goal that will
Intel- provide a fram ?
or our fut
review of intelligence budget pro
als.
Our first major goal became the
mutation of a requirement for the
ministration to develop and subtni
strategy for national intelligence. 'I'
committee agreed early in the year
this goal for a national intellige
trategy. We will examine the f
ear 1986 budget in terms of the St
egy and expect the fiscal year I
udget to reflect adherence to
strategy process. While intelligence
vities will remain unique, the pro
mployed will not be dissimilar to t
osture statement and resource all
on exercise currently utilized by t
DOD.
We intend this strategy to be upd
annually and to be the basis for
rstanding what is being done in
lligence and what is proposed.
There has never been a comprehen
'e strategy for the intelligence co
unity which was based on a disc
ined, consistent standard agains
ich one could measure the state
S 12255
It is because the committee feels so
strongly the importance of strength-
ened national security that it has
taken on these added responsibilities
of contributing to a more structured
and coordinated effort toward our
country's intelligence capabilities.
With that in mind, the committee
believes that the investments included
In the authorization before you now,
as well as continued investments are
absolutely essentiaL Intelligence is the
Nation's first line of defense: it is also
one of our major assets for maintain-
ing world peace. In these perilous
times, when miscalculations could
have such devastat*
nsequences, it
ure is more important than ever that this
pos- Nation maintain a strong intelligence
system. I strongly urge my colleagues'
for- support for this important legislati
on.
ad- Mr. President. I ask unanimouscon-
t a sent that a letter from the Congres-
he sional Budget Office, submitted pursu-
on ant to section 403 of the Congressional
nce Budget Act of 1974, be included in the
iscal Racoan.
rat- There being no objection, the letter
987 was ordered to be printed in the
the RECORD, as follows:
ac- CONGRESSIONAL BUDGET OFFICE.
cess Washington. DC. July 30, 19d.i.
he klon. DAVID DuRENDDRDDR,
Oat- Chairman, Select Committee on Intel!.
he gence. Senate, Washington, DC.
DEAR MR. CHAIRMAN: The Congressional
Budget Office has prepared the attached
at- cost estirnate on S. 1271, the Intelligence
un- Authorization Act for Fiscal Year 1986. as
in. ordered reported by the Senate Select Corn-
on Intelligence on June 11. /985.
Should the Committee so desire, we would
be pleased to provide further details on the
attached cost estimate.
With best wishes.
Sincerely,of
can intelligence. The intelli-
ve gence target is infinite, and our re-
in sources will always be limited. Yet.
at there is no vehicle which explains our
to stre'ngths and weaknesses in
n Settee in terms other than "more tote]-
. ligence is better than less" and "faster
in. processing and dissemination is better
c. than slower."
- To address these concerns and to
. achieve our goal, the committee has
in designed a series of hearings to be
- held in
assure our capability to ple
meet the challenges U.S. policyrnakers and
will face as we rapidly approach the hear
21st century. Our assessment contin- are
ues to be the same; we see no lessening ing
of the worldwide competition with our We
Principal adversaries while, at the tern
sante time, developments in the Third ers
World and global issues will grow in eurr
importance to same, we see no lessen- Ante
Mg of the worldwide corn,petition with
our principal adversaries while, at the is
'sane time, developments in the Third the
World and global issues will grow- in recto
importance to our national security. devel
We see an ever-increasing threat gy w
against us, both as individuals who are the c
Potentially targeted for terrorist ac- exarni
tions and as a nation which must keep requ
S. e have already corn
ted phase I in this hearing process
are now well into phase IL. These
ings allow us to look at specific
as to see whether strategic think.
Is guiding intelligence decisions.
are calling in experts from the in-
gence community?those consurn-
and decision makers from both the
eat as well as the prior arena of
lligerice.
From these hearings, the committee
d
eveloping a set of guidelines for
intelligence community. The Di-
r of Central Intelligence will then
op a national intelligence strate-
hich will form the backbone of
ommittee's annual comprehensive
nation of the intelligence budget
est.
RUDOLPH G. PENNER.
Direct? r.
CoNGRESSIONAl BUDGET' OrricE Cosy
ESTIMATE
I. Bill number.-8. 1271
2. Ed/ title.?Intelligence Authorization
.Act for fiscal year 1986.
I. Bill Status.?As ordered reported by the
Senate Select Comnthtee on Intelligence on
June 11, 1985.
4_ Bill purpose.?To authorize appropria-
tions for the fiscal year 1986 for intelligence
activities of the United States Government.
the Intelligence Cornn,unjtv Staff, the Cen-
- teal Intelligence Agency Retirement and
Disability Fund. and for other purposes.
merit:
t. Estimated east to the Federal Govern
It; tjs PhaIisk., a' A, 3-
19W 5E7 19i.j.? LSE; /Pi.'
r
isaisaIN AAA', .?. 1:.1? 7/ 64
3,
Due; or acm.ok ce::_ s? S h. recev: fro, Set It moo'
ALL frs Estrat ?Tfx aLtI.y5amount et- e Ic 64 94.
aSkirte: TI1E lknc AVerai,,,a1K ar TV iv 3110r V
trx10?:u?..? tr.:. 6 V Is, al".?.L,
Section 101 authorizes funds for the con-
duct of intelligence activities of several ele-
ments of the United States government.
The amounts authorized by this section are
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S 12256
%,ONGRESSIONAL RECORD ? SENATE September 26, 1985
classified and are excluded from this cost es-
timate.
Section 105 authorizes $21.4 million for
the construction of a research and engineer-
ing facility at Fort Meade. Maryland for the
National Security Agency.
Section 201 authorizes $22.3 million for
the Intelligence Community staff. This
amount provides for 233 full-time personnel
as of September 30. 1986.
Section 301 provides $101.4 million for the
Central Intelligence Agency Retirement and
Disability Fund.
Section 601 authorizes the Secretary of
Defense to use the proceeds of counterintel-
ligence operations conducted by components
of the Military Departments to offset neces-
sary and reasonable expenses incurred in
such operations. Surplus funds are to be de-
posited in the Treasury as miscellaneous re-
ceipts. The amounts involved in this provi-
sion are classified and are excluded from
this cost estimate.
Section 602 authorizes the Director of
Central Intelligence to establish a list of
posts deemed unhealthful. Personnel would
receive one and one half years credit toward
retirement for each year served in such a
post. Because the number of posts deter-
mined to be unhealthful and the number of
personnel affected by such a determination
are not known, it is not possible to estimate
the budgetry impact of this provision.
The bill includes other provisions that do
not have significant budgetary impacts.
6. Estimated cost to state and local gov-
ernments.?None.
?
7. Estimate comparison.?None.
8. Previous cost estimate.?None.
9. Estimate prepared by.?Jonathan Tyson
(226-2840).
10. Estimate approved by.?James L
Blum, Assistant Director for Budget Analy-
sis.
Mr LEAHY. Mr. President, I compli-
ment the distinguished chairman of
the committee for his remarks. We
have done something different this
year than I have seen in the slightly
over 5 years that I have served on the
Intelligence Committee: that is to
handle the budget at the full commit-
tee rather than the subcommittee
level. Having served at both levels, I
think there had been distinct advan-
tages to allowing all members of the
Intelligence Committee involved in the
budget process. With the complement
of new members on both sides of the
aisle, hallowed members to have a
better idea of what is in often a very
complex and, of course, very secret
budget. I think the only way one fully
understands what goes in the intelli-
gence community is by analysis of the
budget. As the Intelligence Committee
has found, no matter how well-inten-
tioned all of us are, often the only real
oversight control we have is through
the budget process.
So it was a good experiment to try
this year. I think it is one that should
be continued for the next fiscal year. I
am most pleased with the committees
activism in the area of terrorism. It is
one that I have encouraged for years.
As recent events have shown us, ter-
rorist activity throughout the world
contitutes one of the major, If not the
major, nonnuclear threats to the secu-
rity of the United States and to our in-
terests worldwide as well as to our do-
mestic security.
I believe this legislation takes very
affirmative action to address the
threat posed by terrorism.
Mr. President, I yield to the distin-
guished chairman of the committee.
The PRESIDING OFFICER. The
question is now on agreeing to the
amendment.
The amendment (No. 711) was
agreed to.
Mr. DURENBERGER. Mr. Presi-
dent. I move to reconsider the vote by
which the amendments was agreed to.
Mr. LEAHY. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
AMENDMENT NO. 713
(Purpose: To require notification of the Ju-
.diciary Committees that certain natural-
ization requirements do not apply to cer-
tain aliens because of their extraordinary
contribution to United States national se-
curity, and for other purposes)
Mr. DURENBERGER. Mr. Presi-
dent, I send an amendment to the desk
on behalf of the Senator from Wyo-
ming [Mr. &mews] and ask for its im-
mediate consideration.
The PRESIDING OFFICER. The
amendment will be stated.
The assistant legislative clerk read
as follows:
The Senator from Minnesota [Mr. DUREN-
BERGER). for Mr. Simpson, proposes an
amendment numbered 713.
Mr. DURENBERGER. Mr. Presi-
dent, I ask unanimous consent that
further reading of the amendment be
dispensed with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
On page 8, beginning on line 12, strike out
-fifteen" and all that follows through "In-
telligence" on line 15 and insert in lieu
thereof the following: "Ten. The Director of
Central Intelligence shall notify the Select
Committee on Intelligence and the Commit-
tee on the Judiciary of the Senate and the
Permanent Select Committee on Intelli-
gence and the Committee on the Judiciary".
Mr. DURENBERGER. Mr. Presi-
dent, the purpose of this amendment
very simply is to require notification
of the Judiciary Committees that cer-
tain naturalization requirements do
not apply to certain aliens because of
the extraordinary contributions to
U.S. national security. It is a very ap-
propriate amendment on behalf of our
colleague from Wyoming, who is also
chairman of the Immigration and Nat-
uralization Subcommittee of Judici-
ary. He spotted an oversight on the
part of the committee, and I highly
recommend its adoption.
Mr. LEAHY. Mr. President, I thor-
oughly concur with the statement of
the Senator from Minnesota and also
urge adoption of this amendment.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment.
The amendment (No. 713) was
agreed to.
Mr. DURENBERGER. Mr. Presi-
dent, I move to reconsider the vote by
which the amendment was agreed to.
Mr. LEAHY. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
AMENDMENT NO. 714
(Purpose: To provide additional funding and
authority for the Federal Bureau of Inves-
tigation in order to improve the counter-
terrorist capabilities of the Bureau)
Mr. LEAHY. Mr. President. I send
an amendment to the desk on behalf
of the Senator from Texas (Mr. BENT-
SEN), for himself, Mr. DURENBERGER,
myself, and other Senators listed on
the amendment and ask for its imme-
diate consideration.
The PRESIDING OFFICER. The
amendment will be stated.
The legislative clerk read as follows:
The Senator from Vermont (Mr. Luny).
for Mr. BENTSEN, Mr. DURENBERGER. Mr.
LEAHY. Mr. COHEN, Mr. BOREN. Mr. ROTH.
Mr. MOYNIHAN, Mr. MURKOWSK1. Mr. ZONE-
say, Mr. SPECTER. Mr. BRADLEY. Mr. LONG.
and Mr. GRASSLEY. proposes an amendment
numbered 714.
Mr. LEAHY. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
At the appropriate place in the bill, insert
the following:
Sac. . (a) There are authorized to be ap-
propriated for fiscal year 1986, $59.539.000
for the Federal Bureau of Investigation to
carry out the counterterrorism activities.
(b) Notwithstanding any other provision
of law, the Federal Bureau of Investigation
may purchase for fiscal year 1986, an addi-
tional 40 vehicles to be used in counterter-
rorist activities.
(c) Notwithstanding any other provision
of law, the Attorney General may make
payments in advance for expenses arising
out of contractual and reimbursable agree-
ments with State and local law enforcement
agencies while engaged in cooperative activi-
ties related to terrorism.
Mr. BENTSEN. Mr. President, it has
been 3 months now since the hijacking
of TWA Flight 847 and the execution
of Navy diver Robert Stethem by
Middle Eastern terrorists. As the cir-
cumstances surrounding this tragic
event lose their sharp edge in our col-
lective memory, it would be all too
easy for us to lapse into complacency
and to ignore the growing potential
for terrorist activities here in the
United States.
Ignoring the reality of terrorism,
however, would be exceedingly short-
sighted. We are fortunate that terror-
ist activity in this country has not
risen to the heights that it reaches
routinely elsewhere in the world, but
we cannot assume that it will remain
at a reduced level. Indeed, on a world-
wide basis the number of terrorist inci-
dents is increasing steadily. And for
the past few years over 40 percent of
these incidents have been directed
against the U.S. Government or U.S.
citizens or their property.
Nor are internationl terrorists the
only threat we face. This past week in
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September 26; 1.96,.;
Seattle. 11 members of a neo-Nazi
group called -The Order" went on
trial for committing 67 crimes de-
siened to finance the overthrow of the
U.S. Government and establish a
white supremacist society. And barely
3 weeks ago the FBI arrested J3 mem-
bers of the Puerto Rican terrorist or-
ganization -Los Macheteros." the
group that was apparently responsible
for the killing of two sailors in an
Puerto Rico.
attack on a United States Navy bus in a
The actual number of terrorist inci- T
dents in the United States ha.s de- c
a
crea.sed over the past few years. but po
the number of incidents the FBI has wi
prevented has increased significantly. a,
Furthermore. according to FB/ statis- r,''''
tics. there were no terrorist actiOTIS in D'a
the United States in 1983 attributable ac uo ot
to Middle Eastern groups, and only
one such incident in 1984. / arn not at w.in
tinue.
all confident that this trend will con- law
%yea
As a case in point. the Reverend Ben
Weir. the Presbyterian minister who

orer
ly released. We were all delighted to faleted
have the Reverend Weir back with us. ",.
safe .d unharmed. But he brought :".is a
with him his captors' threats of more
kidnapaings and more executions of Ur'
Lain o
Americans.
this a
GI% en what we know about how
Libya's Colonel Qadhafi and Iran's Hal cos
spent
Ayatonah Khomeini feel about us. and believe
not believe that this as the time to urZe: "
relax arid /et down our guard. Those '' ?
concrete barricades that block the en- pose of
trances onto the Cstpitol grounds are the assi
not there to enhance the beauty of their co
the place.
On the contrary. the very openness From rn5
lieve th
CONGRESSIONAL R
/ believe would be wel
protect the peoPle
States against the thre
in this country.
Now. what will this a
lag provide in Counterbility?
First. it will allow the
more agents and 45 sup
counter-terrorism task f
major cities. It will al
gents for the hostage res
dditional positions in su
errorist Research and
enter. and 20 more ana
Il rt counter -terrorist Op
also provide support
ent for a secure teleconf
bility for hostage-coun
rdinatio,. will provide
?mobiles. equipment. t
Pons for counter-terro
allow the FBI to rein
enforcement agencies
time assistance to the
? The details of some of
are classified, and it is
Of this amendment that
anguage be included in
annex to the committee
uthorization. explaining
I these funds will be exp
President. the total re
mendment will be mo
when compared with ti
St of just one -terrorist
this amount is reason
ise investment to help
zens of this countrs? aga
g danger of terrorist acti
ur support of this amen
LEAITY. Mr. President. th
the amendment is to in
stance needed by the
unterterrorist activity.
e increase is vitally n
? dual role as a member
/Ire Committee and the
mmittee, I can state
e past 4 years the FR
tly improved its count
vities. I believe this am
further enhance the F
reorist activities. I cong
distinguished c.oneague f
nator EtEicrsric on his
R ENDER G ER . Mr. Pr
cur in the judgment of
the ranking member of
Committee. and that
from Texas who pi-opos
ent which we have join
ing. I. too. urge its limn
n.
IDING OFFICER. 2'h
agre.eing to the arnen
dment (No. 714, WaS
NBERGER. Mr. Presi
o reconsider the vote bv
ndrnent was agreed to.
table.
? I move to lay that
to lay on the table wa.s
CORD -- SENA TE
I spent to help Mr. DURENBERGER. Mr. Presi
Of the United dent. I ask for third reading.
at of t.errorisrn Mr. LEARY. Mr. President. will the
Senator withhold just for a moment?
dditional fund- Mr. DURENBERGER. Yes, I will.
terrorist capa- Mr. LEAHY. A question arose earl,( r
FBI to hire 75 preparing to go forward uith this bijl.
this evening. Mr. President. as ut
port staff for by a number of Senators conctrnr.d. as
orces in seven a number of us have been. uith our
Jou 11 more policy in Nicaragua. Specifically thev
cue team. 40 were concerned about the hinds for
POort of the humanitarian a.ssistanct. prolided by
Analytical this bill to the insurgents in Nicara-
lysts to sup- gua. I do not mean to revisit the whole
erations. It debate we have on no floor of the
and equip- Senate. We have had a series of votes
erencing Ca- on it. But the assurance 1 hate guen
ter-terrorist to Senators, if I might saY. Mr- Freiadditional dent. is that we have passed legislation
raining. arid which ailows humanitarian a.id to the
risin. and Contras. to be admtered by the
burse local only office of Nicaragua Humanitarian
for their Assistance in the Depa.rtment of State
FBI in this under certain restrictions that hate
this fund- been voted on in the past by both
the inten- bodies and signed into lau by the
appropri- President in an amount of $28 million.
the c/assi- 1 have further assured these Sena.
repon tors that the 828 million for this aid to
ended.
how ter- be administered through the Depart-
ment of State is included in this bill in
fleeted in the C/A's Contingency fund. I have as-
ney wel/ sured them further that only the
attack. I an assistance.
e poten- funds only can be used for hurnanitari-
able and Furthermore. no other moneys for
Protect the CIA or any other agency or De-
fnst the Dartment covered by this bill can be
vities- I used in ex of of that $28 Million. As I
drnent. said, that $28 million is to be adminis-
e pur- tered only by the Department of
crease State. I have given that assurance to
FBI in those Senators who at one point had
eeded. mento to this bill.
I be- considered bringing further amend-
of the / ask my good friend from Minneso-
Judi- ta. the distinguished chairman of the
that committee. if the assurances I have
I has outlined are accurate in his under-
end-
erter- standing.
BI's Mr. DURENBERGER. Mr. Presi-
dent, I say to my colleague from Ver.
ratu- rnont that if I accurately understand
roln the gist of his characterization. I cer-
fine tainly do agree with it_
As he well knous and many others
esi- know. I made a point at the end of
my 1984 of declaring my persoeal opposi-
the tion to continued use of covert activit3
of in Nicaragua. I tool: a similar po.:;ition
-ed as chairman of the. committee since
ed January of this year.
?' In the committee we have deliber-
ately steered a course of heutrality on
e the isstie of utilization of the ciA or
d- other intelligence agencies in some of
about.
the areas that rny colleague talked
In effect, what IIVE? accomplished as
- we went through the budget process
' tva. to say that whatever the authori-
zation on the floor of the Senate with
regard to the appropriation for Nicara-
gua, that authorization would control
any expenditures from the reserve ac-
count. Specificaljy. for our

S 12257
area
in Lebanon for 16 months. was recent-
was held captive by Moslem extremists ttgol
--
giver the number of Pro. US.
Liby- is
ans and pro-Khomeini Iranians resi- the Citi
dent here in the United States. I do growin
of our societe makes us vulnerable to Intellig.,.?
terrorist attacks. particularly attacks "arY `-'1)
directed at Government offices, corn- during tti
Our first line of defense against do- nlent will
Mestic terrorism is the Federal Bureau counterte
of Investigation. and the FBI has been late 113).
doing a good job. Despite the increas- Texas.. Se
ing threat of terrorism. though. the Won'.
FBI budget in this area has not even Mr. DU
beer; enough to keep up with inflation. dent. I con,
For fiscal year 198.5 the FBI's colleague.
counter-terrorism budget was just Intelligence
ander $40 million. For fiscal year 1986, the Senator
(11,4B froze the counter-terrorism the arnendm
budget at that same level and rejected in cosponsor
a request for an $11 million supple- diate adoptio
Mental appropriation for fiscal year The PRES
1985. Subsequently. the FBI has iden- question is o
Witt additional needs in this area. /tient.
Alter talking with them and working The amen
ot er the figures very carefully. the agreed to.
to:' requirement for the FBI in this Mr. DURE
irt.i for fiscal year 1986 has been es- . dent. I move t
atasaed at $59.5 million This retim-
rna an increase of-about $20 million Mr. LEAHY
'"- both the actual budget for fiscal motion on the
which the ame
-:?? 1985 and the proposed budget for The motion
sii, 3 tar 1986, and it is money which agreed to.
hubs. or power grids.
munications centers. transportation signifie"
rorist acti
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S 12258
CONGRESSIONAL RECORD ? SENATE
this issue is dealt with in a classified
supplement through the Intelligence
Committee's report. and even more
specifically is dealt with on page 82 of
the Intelligence Committee's classified
pplement.
The committee moved the $28 mil-
lion requested for Nicaraguan para-
military to the reserve, to be spent
only for humanitarian assistance to
the so-called Nicaraguan democratic
resistance. in an amount and in a
manner consistent with congressional
action on this issue. Because congres-
sional action has proscribed CIA and
DOD administration of the humani-
tarian aid funds?all of it in the sepa-
rate authorization. as I indicated?the
Intelligence Committee's action, in
effect, has been overtaken by events.
I say to my colleague and the others,
particularly on his side of the aisle,
who have expressed a concern about
this issue, that he is correct in his
characterization of our authority.
Mr. LEAHY. With that assurance,
Mr. President?and it is also my under-
standing?I have been told by the Sen-
ators who have a concern about this
that they do not intend to bring up
another amendment and thus revisit
something that has been voted on.
The Senators who raised the point
have been on the losing side before,
and they realize that the vote would
be the same if held again. I think they
realize that the Intelligence Commit-
tee handled this matter in a straight-
forward fashion. It is clear we in the
committee watch how and where the
money is spent; to be certain it is done
so in a manner prescribed by the law.
With that assurance, I assure the
chairman that there will not be
amendments .on this side on this
matter.
Mr. DURENBERGER. I thank the
Senator.
Mr. President, I ask for third read-
ing of S. 1271.
The PRESIDING OFFICER. The
bill is open to further amendment. If
there be no further amendment to be
proposed, the question is on the en-
grossment and third reading of the
bill.
The bill was ordered to be engrossed
for a third reading and was read the
third time.
Mr. DURENBERGER. Mr. Presi-
dent, I ask unanimous consent that
the Senate proceed to the consider-
ation of H.R. 2419, Calendar No. 239, a
companion bill.
The PRESIDING OFFICER. The
bill will be stated by title.
The legislative clerk read as follows:
A bill (H.R. 2419). to authorize appropria-
tions for fiscal year 1986 for intelligence and
Intelligence-related activities of the United
States Government. the Intelligence Com-
munity Staff, and the Central Intelligence
Agency Retirement and Disability System.
and for other purposes.
The PRESIDING OFFICER. Is
there objection to the present consid-
eration of the bill?
There being no objection,. the Senate
proceeded to consider the bill.
Mr. DURENBERGER. Mr. Presi-
dent. I move to strike all after the en-
acting clause of H.R. 2419 and substi-
tute in lieu thereof the text of S. 1271,
as amended.
The PRESIDING OFFICER. The
question is on agreeing to the motion
of the Senator from Minnesota.
The motion was agreed to.
The PRESIDING OFFICER. The
question is on .the engrossment of the
amendment and the third reading of
the bill.
The amendment was ordered to be
engrossed and the bill to be read a
third time.
The bill was read the third time.
The PRESIDING OFFICER. The
bill having been read the third time,
the question is, Shall it pass?
The bill (H.R. 2419, as amended) was
passed, as follows: ?
H.R. 2419
Resolved, That the bill from the House of
Representatives (H.R. 2419) entitled "An
Act to authorize appropriations for fiscal
year 1986 for intelligence and intelligence-
related activities of the United States Gov-
ernment. the Intelligence Community Staff.
and the Central Intelligence Agency Retire-
ment and Disability System, and for other
purposes", do. pass with the following
amendment:
Strike out all after the enacting clause
and insert:
That this Act may be cited as the "Intelli-
gence Authorization Act for fiscal year
1986".
TITLE I?INTELLIGENCE ACTIVITIES
AUTHORIZATION OF APPROPRIATIONS
SEC. 101. Funds are hereby authorized to
be appropriated for fiscal year 1986 for the
conduct of the intelligence activities of the
following elements of the United States Gov-
ernment:
(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 Nary, 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.
CLASSIFIED SCHEDULE OF ACTWORIZA77ONS
SEC. 102. The amounts authorized to be ap-
propriated under section 101, and the au-
thorized personnel ceilings as of September
30, 1986. for the conduct of the intelligence
activities of the elements listed in such sec-
tion. are those specified in the classified
Schedule of Authorizations prepared by the
Select -Committee on Intelligence of She
Senate. That Schedule of Authorizations
shall be made available to the Committees
on Appropriations of the Senate and the
House of Representatives, and to the Presi-
dent The President shall provide for suita-
ble distribution of the schedule, or of appro-
priate portions of the schedule. within the
executive branch.
CONGRESSIONAL NOTIFICATION OF EXPE.NDITURES
IN EXCESS OF PROGRAM AUTHORIZATIONS
SEC. 103. During fiscal year 1986, funds
may not be made available for any intelli-
gence activity unless such funds have been
specifically authorized for such a,ctivity or.
in the case of funds appropriated for a dif-
ferent activity, unless the Director of Cen-
tral Intelligence or the Secretary of Defense
has notified the appropriate committees of
September 26, 1985
Congress of the intent to make such funds
available for such activity, except that in no
case may reprogramming or transfer author-
ity be used by the Director of Central Intelli-
gence or the Secretary of Defense unless for
higher priority intelligence activities, based
on unforeseen requirements. than those for
which funds were originally authorized, and
in no case where the Intelligence actieity for
which funds were requested has been denied
by Congress.
PERSONNEL CEILING ADJUSTMENTS
Sec. 104. The Director of Central Intelli-
gence may authorize employment ofc,rziman
personnel in excess of the numbers author-
ized for fiscal year 1986 under sections 102
and 202 of this Act when he determines that
such action is necessary to the performance
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 ele-
ment The Director of Central Intelligence
shall .promptly notify the Permanent Select
Committee on Intelligence of the House of
Representatives and the Select Committee
on Intelligence of the Senate whenever he ex-
ercises the authority granted by this section.
AUTHORIZATION OF APPROPRIATIONS FOR DESIGN
AND CONSTRUC770N OF A RESEARCH AND ENGI-
NEERING FACILITY AT THE NA77ONAL SECURITY
AGENCY HEADQUARTERS COMPOUND
SEC. 105. The National Security Agency is
authorized to secure the design and con-
struction of a research and engineering fa-
cility at its headquarters compound at Ft.
Meade, Maryland. A single continuous con-
tract may be employed to facilitate comple-
tion of the building authorized by this sec-
tion, and the Secretary of Defense is author-
ized to contract for design and construction
in advance of appropriations therefor. but
the cost of such facility may not exceed
$75,064,000. Of the amounts authorized to be
appropriated under section 101(4) of this
Act, there is authorized to be appropriated
for fiscal year 1986 the sum of $21.364,000
for design and construction of the facility
authorized by this section during fiscal year
1986.
FUNDING AND AUTHORITY FOR FEDERAL BUREAU
OF INVESTIGATION TO IMPROVE rrs COUNTER-
TERRORIST CAPABILITIES
SEC. 106. fal There are authorized to be ap-
propriated for fiscal year 1986, $59.539.000
for the Federal Bureau of Investigation Co
carry out the counterterrorism activities.
(b) Notwithstanding any other provision
of law. the Federal Bureau of Investigation
may purchase for fiscal year 1986. an addi-
tional 40 vehicles to be used in counterter-
rorist activities.
lc) Notwithstanding any other provision
of law, the Attorney General may make pay-
ments in advance for expenses arising out of
contractual and reimbursable agreements
with State and local law enforcement agen-
cies while engaged in cooperative activities
related to terrorism.
TITLE II?INTELLIGENCE COMMUNITY
STAFF
AUTHORIZATION OF APPROPRIATIONS
Sec. 201. There is authorized to be appro-
priated for the Intelligence Community
Staff for fiscal year 1986 the sum of
$22,283,000.
AUTHORIZATION OF PERSONNEL END STRENGTH
Sec. 202. fa) The Intelligence Community
Staff is authorized iteo-hundred-and-thirty-
three full-time personnel as of Septeniber 30.
1986. Such personnel of the -Intelligence
Community Staff map be permanent em-
ployees of the Intellip^nee Community Staff
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September 26, 1985 CONGRESSIONAL RECORD ?F- NATE
or personnel detailed from other e, ?tent, 01
the United States Governtrumt.
lb) During fiscal year 1986, 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 activi-
ties.
During fiscal pear 1986, 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 Slates 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 1986. 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 of 1949 (50 U.S.C. 430a et
seq.) in the same manner as activities and
personnel of the Central Intelligence Agency.
TITLE III?CENTRAL INTELLIGENCE
AGENCY RETIREMENT AND DISABIL-
ITY SYSTEM
AUTHORIZATION OF APPROPRIATIONS
Sec. 301. There is authorized to be appro-
priated for the Central Intelligence Agency
Retirement and Disability Fund for fiscal
year 1986 the sum of 8101,400,000.
TITLE IV?GENERAL PROVISIONS
AUTHORITY FOR THE CONDUCT OF INTELLIGENCE
ACTIVITIES
Sec. 401. 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.
INCREASES IN EMPLOYEE COMPENSATION AND
BENEFITS A UTHORIZED BYLA W
SEC. 402. Appropriations authorized by
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 any in-
creases in such employee compensation or
benefits authorized by law.
TITLE V?FACILITATING NATURALIZA-
TION OF CERTAIN FOREIGN INTELLI-
GENCE SOURCES
IMMIGRATION AND NATIONALITY ACT AMENDMENT
Sec. 501. Section 316 of the Immigration
and Nationality Act (8 U.S.C. 1427) is
amended by adding at the end thereof the
following new subsection:
"(gill) Whenever the Director of Central
Intelligence, the Attorney General and the
Commissioner of Immigration determine
that a petitioner otherwise eligible for natu-
ralization has made an extraordinary con-
tribution to the national security of the
United States or to the conduct of United
States intelligence activities, the petitioner
may be naturalized without regard to the
residence and physical presence require-
ments of this section. or to the prohibitions
of section 313 of this Act, and no residence
within the jurisdiction of the court shall be
required.
"(2) A petition for naturalization may be
filed pursuant to this subsection in any dis-
trict court of the United States, without
regard to the residence of the petitioner. Pro-
ceedings under this subsection shall be con-
ducted in a manner consistent with the pro-
let-lion of intelligence sources. methods and
activities.
"(3) The number of aliens naturalized pur-
suant to this subsection in any fiscal year
shall not exceed ten. The Director of Central
Intelligence shall notify the Select Commit-
tee on Intelligence and the Committee on
the Judiciary of the Senate and the Pernia-
Rent Select Committee on Intelligence and
the Committee on the Judiciary of the House
of Representatives each time a determina-
tion is made to apply the provisions of this
subsection.".
TITLE VI?ADMINISTRATIVE
PROVISIONS
USE OF PROCEEDS FROM DEFENSE DEPARTMENT
COUNTERINTELLIGENCE OPERA77ONS
SEC. 601. (a) During fiscal year 1986. the
Secretary of Defense may authorize use of
proceeds from counterintelligence oper-
ations conducted by components of the Mili-
tary Departments to offset necessary and
reasonable expenses incurred in such oper-
ations without regard to the provisions of
section 3302 of title 31. United States Code.
Ib) As soon as the net proceeds from any
such counterintelligence operation are no
longer necessary for the conduct of that op-
eration, such proceeds shall be deposited
into the Treasury as miscellaneous receipts.
RETIREMENT BENEFITS FOR CERTAIN CENTRAL IN-
TELLIGENCE AGENCY EMPLOYEES SERVING IN
UNHEALTHF(T AREAS
Sec. 602. Section 251 of the Central Intelli-
gence Agency Retirement Act of 1964 for Cer-
tain Employees 150 U.S.C. 403 note) is
amended by inserting "(a)" after "Sec. 251."
and by adding at the end thereof the follow-
ing new subsection:
"(b) The Director of Central Intelligence
may from time to time establish, in consul-
tation with the Secretary of State. a list of
places which by reason of climatic or other
extreme conditions are to be classed as un-
healthful posts. Each year of duty at such
posts, inclusive of regular leaves of absence,
shall be counted as one and a haU years in
computing the length of service of a partici-
pant under this Act for the purpose of retire-
ment, fractional months being considered as
full months in computing such service. No
extra credit for service at such unhealthful
posts shall be credited to any participant
who is paid'a differential under section 5925
or 5928 of title 5. United States Code, for
such service.".
TITLE VII?ACCESS TO CRIMINAL HIS-
TORY RECORDS FOR NATIONAL SECU-
RITY PURPOSES
CONGRESSIONAL FINDINGS AND POLICIES
SEC. 701. The Congress finds?
(1) that under the Constitution. Congress
has the responsibility and power to provide
for the common defense and security of our
Nation:
(2) that the interests of national security
require that the Department of Defense. the
Office of Personnel Management, or the Cen-
tral Intelligence Agency conduct investiga-
tions of individuals for the purpose of deter-
mining eligibitity for access to classified in-
formation, assignment to or retention in
sensitive national security duties, or accept-
ance or retention in the armed services:
131 that the interests of national security
require that the Department of Defense. the
Office of Personnel Management, or the Cen-
tral Intelligence Agency have access to
criminal history record information when
conducting investigations of individuals for
the purpose of determining eligibility for
access to classified information, assignment
to or retention in sensitive national security
duties, or acceptance or retention in The
armed services: and
(4) that the interests of national security
have been adversely affected by the reluc-
S 12259
lance and refusal of sonic Sluts and
criminal justice agencies to provide crimi-
nal history record information to the Di'.
pa rtment of Defense. the Office of Personnel
Manapenwnt. or the Central Intelligente
Agency for use in investigations of individ-
uals for the purpose of determining
Ulf for access to classified information as-
signment to or retention in sensitive nation-
al security duties, or acceptance or retention
in the armed services.
SEC. 702. Chapter 31 of title 10. United
States Code, is amended by striking out SIT -
lion 520a and substituting the following:
SM. Criminal history record inforniotion Inc
national 'warily narposes
"(a) As used in this chapter:
"(1) The term 'criminal justice agency' In-
cludes Federal. Slate, and local agencies and
means: IA) courts, or (131 Government
agency or any subunit thereof which per-
forms the administration of criminal justice
pursuant to a statute or Executive order.
and which allocates a substantial part of
annual budget to the administration of
criminal justice.
"(2) The term 'criminal history record in-
formation' means information collected by
criminal justice agencies on individual.,
consisting of identifiable descriptions and
notations of arrests. detentions. indict-
ments, information, or other formal crimi-
nal charges, and any disposition arising
therefrom, sentencing. correction supen.i-
sion. and release. The term does not include
identification information such a.s finger-
print records to the extent that such infor-
mation does not indicate involvement of the
individual in the criminal justice system.
The term does not include those records
sealed pursuant to a lawful order of a court
of law.
"(3) The term 'classified information'
means information or material designated
pursuant to the provisions of a statute or
Executive order as requiring protection
against unauthorized disclosure for reasons
of national security.
"NI The term 'State' means any of the ser-
eral States. the District of Columbia. the
Commonwealth of Puerto Rico, the North-
ern Mariana Islands, Guam. the Virgin Is-
lands, American Samoa. the Trust Territory
of Pacific Islands. and any other territory or
possession of the United States.
"(5) The term 'local' and 'locality' means
any local government authority or agency or
component thereof within a Stale having ju?
risdiction over matters at a county. munici-
pal. or other local government level.
"(bill, Upon request by the Department of
Defense. the Office of Personnel Manage-
ment, or the Central Intelligence Agency.
criminal justice agencies shall make avail-
able criminal history record information re-
garding individuals under investigation by
the Department of Defense. the Office of Per-
sonnel Management or the Central Intelli-
gence Agency for the purpose of determining
eligibility for (Al access to classified infor-
mation. (13) assignment to or retention in
sensitive national security duties. or (CI ac-
ceptance or retention in the armed services.
Fees charged for providing criminal history
record information pursuant to this subsec-
tion shall not exceed those charged to other
criminal justice agencies for such informa-
tion.
-(2) This subsection shall apply notu-ith-
standing any other provision of law or regu-
lation of any State or of any locality within
a State, or any other law of the United
States.
"(c) The Department of Defense. the Office
of Personnel Management or the Central In-
telligence Agency shall not obtain criminal
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S 12260 CONGRESSIONAL RECORD ?SENATE
htstorp record information pursuant to this
SMIOR VnfrSl IIkIRS MYIVed written CT/R-
ana from the inettridual under inrestiga?
lion for the release of nu* Information for
one or more cu the purposes set forth sub-
section MI
'VIII Criminal Malan; record information
received ander this section shall not be dis-
closed accept for the purposes set forth in
subsection or as prorided by section 552a
of title 5. United Stales Code.".
Sec. 703. The amendments made shall
IiecOine effective with respect to any inquiry
which begins after the dale of enactment Of
this Act conducted by the Department of De-
fense. the Office of Personnel Management.
or the Central Intelligerwe Agency. for any
of the purposes specifier/ in subsertion Mt of
section 520a of title 10. United States Code.
as added by this Act.
Sec. 704. These amendments are made pur-
suant to the powers vested in Congress as
found in section 8 of article 1 of the United
Stales Constitution.
Mr. DURENBERGER. Mr. Presi-
dent, I move to reconsider the vote by
which the bill was passed.
Mr. LEAHY. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
Mr. DURENBERGER. Mr. Presi-
dent, I move that the Senate insist on
Its amendments and request a confer-
ence with the House of Representa-
tives on the disagreeing votes of the
two Houses on H.R. 2419 and that the
Chair be authorized to appoint confer-
ees on the part of the Senate.
The motion was agreed to; and the
Chair appointed Mr. DURENBERGER,
Mr. COHEN, Mr. HATCH- 'Mr. MURHOW-
SKI. Mr. HECHT, Mr. MCCONNELL, Mr.
LEAHY, Mr. BENTSEN, Mr. Nulf1t, Mr.
BottEw. and Mr. BRADLEY conferees on
the part of the Senate.
Mr. DURENBERGER. Mr. Presi-
dent. I ask unanimous consent that S.
1271 be indefinitely postponed.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. LEAHY. Mr. President, I compli-
ment the distinguished chairman of
the committee for his expeditious han-
dling of this matter. It has been a
pleasure to work with him in putting
this bill together.
Also, we have an excellent and non-
partisan staff that has helped us.
In carrying out my duties, I especial-
ly want to thank Eric Newsom, Dan
Finn, and George Tenet. In mention-
ing those three, I do not mean in any
way to preclude others, because we
have some of the finest men and
women serving on the Intelligence
Committee, working with Senators on
both sides of the aisle, of any commit-
tee on which I have served.
Mr. DURENBERGER. Mr. Presi-
dent. I am grateful to my colleague
from Vermont for his comments.
I am particularly grateful to the ma-
jority leader and the minority leader
for the wisdom they have demonstrat-
ed in January in the appointment of
nine new members to a committee
which is incredibly important to this
body.
I compliment in particular the nine
of our colleagues who are new to the
Intelligence Committee. for the effort
they have put in during the last 8
months in mastering a difficult nib-
ject under somewhat difficult condi-
tions.
In addition, the six of us who were
holdovers had to adjust to some new
realities. in which most of us did quite
well. The new staff and the old staff
have performed incredibly well under
the direction of the new staff director.
to whom I am most grateful. Mr.
Bernie McMahon, who left the U.S.
Navy for much more challenging re-
sponsibilities here.
All the members of the majority and
minority staff are gifted and have
made and will continue to make out-
standing contributions to this effort.
On my behalf and on behalf of my col-
league from Vermont.. I am grateful to
them for the expeditious way in which
this matter was handled, and to our
colleagues who may have had some
concerns about the content, for per-
mitting us to go ahead with this bill
this evening.
Mr. LEAHY. Mr. President. I suggest
the absence of a quorum.
The PRESIDING OFFICER The
clerk will call the roil.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. SIMPSON. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
Mr. MELCHER. Mr. President, re-
serving the right to object, I wonder if
the assistant majority leader can
Inform me whether I can call up the
extension of the dairy program.
Mr. SIMPSON. Mr. President, we
have--
The PRESIDING OFFICER. If the
Chair may state, the pending business
Is the quorum call that has yet to be
withdrawn.
Is there objection to withdrawal of
the quorum?
Mr. MELCHER. I object.
The PRESIDING OFFICER. Objec-
tion is.heard.
The clerk will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. SIMPSON. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With.'
out objection, ft Is so ordered.
Messages from the President of the
United States were communicated to
the Senate by Mr. Saunders, one of his
secretaries.
EXECUTIVE MESSAGES
REFERRED
As in executive session. the Presid-
ing Officer laid before the Senate mes-
sages from the President of the United
States submitting sundry nominations
which were referred to the appropri-
ate committees.
September 26. 1983
(The nominations received today are
printed at the end of the Senate pro-
ceedings.)
PRESIDENTAL APPROVALS
A message from the President of the
United States announced that he had
approved and signed the following en-
rolled bill and joint resolution:
September 19. 1985:
S.J. Res. 31. Joint Resolution to (lest/matt
the week of November 24 through Nov ern
ber 30. 1985, and the week of No ember 23
through November W. 1986. as "National
Family Week."
September 25. 1985:
S. 444. An act to amend the Alaska Nam(
Claims Settlement Act.
MESSAGES FROM THE HOUSE
At 3:09 p.m.. a message from the
House of Representatives, delivered by
Ms. Goetz, one of its reading clerks.
announced that the House has passed
the following bill and joint resolution.
without amendment
S. 1617. An Act to amend title 38. United
States Code, to provide interim extensions
of the authority of the Veterans Adminis-
tration to operate a regional office on the
Republic of the Philippines. to contract for
hospital care and outpatient services in
Puerto Rico and the VU-gm Islands, and to
contract for treatment and rehabilitation
services for alcohol and drug dependence
and abuse disabilities. and to amend the
Emergency Veterans' Job Training Act of
1983 to extend the period for entering into
training under such Act: and
S.J. Res. 127. Joint resolution to grant the
consent of Congress to certain additional
powers conferred upon the Bi-State Devel-
opment Agency by the States of Missouri
and Illinois.
The message also announced that
the House has passed the following
bills, in which it requests the concur-
rence of the Senate:
H.R. 1246. An act to establish a federally
declared Ploodway for the Colorado River
below Davis Dam:
H.R. 2453. An act to amend the Older
Americans Act of 1965 to increase the
amounts authorized to be appropriated for
fiscal years 1985. 1986. and 1967 for corm
nusclity distribution, and for other purposes:
and
H.R. 3166. An act to amend the Foreign
Assistance Act of 1961 with respect to the
activities of the Overseas Private Invest-
ment Corporation.
le/IPOLLL7:0 BILL AND JOINT RESOLUTIONS SIGNED
At 3:57 p.m., a message from the
House of Representatives, delivered by
Ms. Goetz. one of its reading clerks.
announced that the Speaker has
signed the following enrolled bill and
joint resolutions:
S. 1689. An act to amend various provi-
sions of the Public Health Service Act.
S.J. Res. 127. Joint resolution to grant the
consent of Congress to certain additional
powers conferred upon the Bi-State Devel-
opment Agency by the States of Missouri
and Illiriois: and
H.J. Res. 388. Joint resolution making
continuing appropriations for the. ;Ism) year
1986. and for other purposes.
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