S.2477

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CIA-RDP89B00297R000300700008-9
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RIFPUB
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K
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24
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December 23, 2016
Document Release Date: 
December 1, 2011
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8
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REGULATION
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Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 99TH CONGRESS 2D SESSION S92477- [Report No. 99-307] To authorize appropriations for fiscal year 1987 for intelligence activities of the United States Government, the Intelligence Community Staff, the Central Intelligence Agency. Retirement and Disability System, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 21 (legislative day, MAY 19), 1986 Mr. DvBENBEBGEB, from the Select Committee on Intelligence, reported the fol- lowing original bill; which was read twice and referred jointly to the Com- mittees on. Armed Services,. the Judiciary, Foreign Relations, and Govern- mental Affairs for the thirty-day time period provided in section 3(b) of Senate Resolution 400, Ninety-fourth Congress, provided that the Committee on the Judiciary be restricted to the consideration of title V and section 603, the Committee on Foreign Relations be restricted to the consideration of title VI, and the Committee on Governmental Affairs be restricted to the consid- eration of sections 401 and 409, provided that if any of said committees fails to report said bill within the thirty-day time limit, such committee shall be automatically discharged from further consideration of said bill in accordance with section 3(b) of Senate Resolution 400, Ninety-fourth Congress A BILL To authorize appropriations for fiscal year 1987 for intelligence activities of the United States Government, the Intelligence Community Staff, the Central Intelligence Agency Retire- ment and Disability System, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tines of the United States of America in Congress assembled, Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 2 1 That this Act may be cited as the "Intelligence Authoriza- 2 tion Act for fiscal year 1987". 31 TITLE I-INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS' 5 SEC. 101. Funds are hereby authorized to be appropri- 6 ated for- fiscal year. 1987 for the conduct of the intelligence, 7 activities of the following elements of the United States 8 Government: 9. (1) The Central Intelligence Agency. 10 (2). The Department of Defense. 11 (3) The Defense, Intelligence Agency. 12 (4) The National" Security Agency. 13 (5) The Department of the Army, the Department 14 . of the Navy, and the Department. of the Air Force. 15 .. (6) The Department of State. 16 . (7) The Department of the Treasury. 17 (8) The Department of Energy. 18 (9).The Federal Bureau of Investigation. .19-' CLASSIFIED SCHEDULE OF AUTHORIZATIONS 20 SEC. 102. The amounts authorized to be appropriated 21, under section.101, and the authorized. personnel ceilings as ,of 22. September 30, 1987, for the conduct of the intelligence ac- 23 tivities of the elements listed in. such.section, are. those speci- 24, fled in the classified Schedule of Authorizations prepared by 25 the Select Committee on Intelligence of the Senate. That, 26 Schedule of 'Authorizations shall be made available to the Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 1 Committees on Appropriations of the Senate and the House 2 of Representatives, and to the President.' The President shall 3 provide for suitable distribution of the schedule, or of appro- 4., priate portions ' of . the schedule, within the executive branch. 5 PERSONNEL CEILING ADJUSTMENTS .6 SEC. 103. The Director of Central Intelligence may au'- 7 thorize employment of civilian personnel in excess of the 8 numbers authorized for fiscal year 1987 under sections 102 9 and 202 of this Act when he determines that such action is ' '10 necessary to the. performance of important intelligence func-. 11 tions, except that such number may. not, for any element of 12 the Intelligence Community, exceed 2 per centum of the.. '.13 number of civilian personnel authorized under- such sections 14 for such element. The Director of Central Intelligence 'shall 15 promptly notify' the Permanent Select , Committee on Intelli- 16 gene of the House of Representatives and the Select. Com- 17 mittee on Intelligence of the Senate whenever he' exercises 18' the authority granted by this, section. 19 TITLE II-INTELLIGENCE ' COMMUNITY STAFF 20 AUTHORIZATION OF APPROPRIATIONS 21. SEC. 201. There is authorized to be appropriated for the 22 Intelligence Community Staff for fiscal year 1987 the sum of 23 .$22,338,000. 24, AUTHORIZATION OF'PERSONNEL END STRENGTH 25 SEC. 202. (a) The Intelligence Community Staff is au- 26 thorized two hundred and thirty-nine full-time personnel as-of S 2477 RIS = Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 4 1 September 30, 1987. Such, personnel of the Intelligence 2 Community Staff may be permanent employees of the Intelli- 3 gence Community Staff or personnel detailed from other ele= 4 ments of the United States Government. 5 (b) During fiscal year 1987, personnel of the Intelli- 6. gence Community Staff shall be selected so as to provide 7 appropriate representation from elements -of the United 8 States Government engaged in intelligence activities. 9 (c) During fiscal year 1987, any officer or employee of 10 the United States or a member of the Armed Forces who is 11 detailed. to the Intelligence Community Staff from another 12 element of the United States Government shall be detailed on 13 a reimbursable basis, except that any such officer, employee, 14 or member may be detailed on a nonreimbursable basis for a 15 period of less than one year for the performance of temporary 16 functions as required by the Director of Central Intelligence. 17 INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN 18 SAME MANNER AS CENTRAL INTELLIGENCE AGENCY 19 SEC. 203. During fiscal year 1987, activities and per- 20 sonnel of the Intelligence Community Staff shall be subject to 21 the provisions of the National Security Act of 1947 (50 22 U.S.C. 401 et seq.) and the Central Intelligence Agency Act 23 of 1949 (50 U.S.C. 403a et seq.) in the same manner as 24 activities and personnel of the. Central Intelligence Agency. Declassified and Approved For Release 2011/12/01 : CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 5 1 TITLE III-CENTRAL INTELLIGENCE AGENCY 2 RETIREMENT AND DISABILITY SYSTEM AUTHORIZATION 3 OF APPROPRIATIONS 4 SEC. 301. There is authorized to be appropriated for the 5 Central Intelligence Agency Retirement and Disability Fund 6 for fiscal year 1987 the sum of $125,800,000. 7 TITLE IV-ADMINISTRATIVE PROVISIONS 8 RELATED TO INTELLIGENCE AGENCIES 9 CLASSIFIED RECORD DESTRUCTION SCHEDULES 10 SEC. 401. Section 3303.a of title 44, United States 11 Code, is amended by adding at the end thereof the following 12 new subsection: 13 "(g) The requirement in subsection (a) of this section 14 that the Archivist provide notice in the Federal Register of 15 the list and schedule of records proposed for disposal shall not 16 apply to lists or schedules of the Central Intelligence Agency 17 or the National Security Agency that are properly classified 18 pursuant to Executive Order 12356, or its successor order.". 19 EMPLOYMENT OF CIVILIAN PERSONNEL IN THE DEFENSE 20 INTELLIGENCE AGENCY 21 SEC. 402. Paragraph 1604(e)(1) of chapter 83 of title 22 10, United States Code, is amended by striking out "1985 23 . and 1986" and inserting in lieu thereof "1987 and 1988". Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 6 CLARIFICATION OF DEFENSE MAPPING AGENCY AUTHORITIES 3 . SEC. 403. (a) Chapter 167 of title ' 10, United States 4 Code, is amended by' adding at the, end thereof the following: -5 "? 2795. Exchange of mapping, charting, and geodesy data with foreign nations. 7 "The Secretary of Defense may, subject to the require- 8- ments of section 112b of title I, United States Code, and the 9 regulations promulgated thereunder (22 CFR part 181), and 10 under such additional regulations as are deemed appropriate, 11 authorize the Defense Mapping Agency to exchange, or fur- -12 nish mapping, charting, and geodetic data, supplies or serv- 13 ices to. a foreign country or international organization pursu-' 14 ant to an agreement for the production or exchange of such 15 data.". 16 (b) The table of contents of chapter 167 of title 10, 17 United States Code, is amended by adding at the end thereof: -"2795. Exchange of mapping, charting, and geodesy data with foreign nations.". 18 MEDICAL EVACUATION OF DIA CIVILIAN'EMPLOYEES 19 STATIONED OVERSEAS 20 , SEC. 404. Subsection 1605(a) of chapter 83 of title 10, 21 United States Code, is, amended by inserting "(5)" after 22 "paragraphs (2), (3), (4)" and after "22 U.S.C. 4082 (2), (3), 23 (4)". Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 7 PROCEEDS FROM DEFENSE DEPARTMENT COUNTERINTELLIGENCE OPERATIONS SEc. 405. (a) The Secretary of Defense may "authorize, without regard to'.the provisions of section 3302 of-title 31, United States Code, use of proceeds, from. counterintelligence,.. 5 6 , operations conducted by: components of the Military Depart-. wise prohibited by law, incurred- in.such 'operations, if use of. ments to offset necessary and.reasonable expenses, not other- appropriated funds to meet such expenses (b) As -soon as the' net proceeds from. particular counter- practicable. 12 intelligence operations' are. no :longer necessary. fore the con= 13 - duct.. of those or similar operations, such proceeds shall be .14 'deposited into the-Treasury as miscellaneous receipts. -(c)'The.Secretary of Defense shall establish policies. and 16' -procedures to .govern acquisition,. use, management and dis- .17 position of. proceeds from counterintelligence operations con- . 19., 'effective internal systems of. accounting and administrative 18'-. ducted by components, ofthe Military Departments, including. 2Q., controls. 1 SURVIVOR BENEFITS FOE CERTAIN: FORMER SPOUSES OF 22 " CENTRAL INTELLIGENCE AGENCY EMPLOYEES, 23, SEC: 406..(a) Part C. of title II of the Central Intelli- 24. gence Agency. Retirement. Act of 1964 for. Certain.. Em- 25'.. ployees is amended by adding at the end thereof the following, 26 new" section: Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 8 1 "SURVIVOR BENEFITS FOR CERTAIN OTHER FORMER 2 SPOUSES 3 "SEC. 224. (a)(1) Any individual who was a former 4 spouse of a participant or former participant on November 5 15, 1982,.shall be entitled, to the extent of available appro- 6 priations, and except to the extent such former spouse is dis- 7 qualified under subsection (b), to a survivor annuity equal to 8 55 per centum of the greater of- 9 "(A) the full amount of the participant's or former 10 participant's annuity, as computed under section 11 221(a); or 12 "(B) the full amount of what such annuity as so 13 computed would be if the participant or former partici- 14 pant had not withdrawn a lump-sum portion of contri- 15 butions made with respect to such annuity. 16 "(2) A survivor annuity payable under this section shall 17 be reduced by an amount equal to the amount of retirement 18 benefits, not including benefits under title II of the Social 19 Security Act, received by the former spouse which are attrib- 20 utable to previous employment of such former spouse by the 21 United States. 22 "(b) A former spouse shall not be entitled to a survivor 23 annuity under this section if- 24 "(1) an election has been made with respect to 25 such former spouse under section 223; Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01 : CIA-RDP89B00297R000300700008-9 9 "(2) the former spouse remarries before age fifty- five; or "(3) the former spouse is less than fifty years of 4 age. 5 "(c)(1) The entitlement of a former spouse to a survivor 6 annuity under this section- 7 "(A) shall commence- 8 "(i) in the case of a former spouse of a par- 9 ticipant or former participant who is deceased as 10 of the effective date of this section, beginning on 11 the later of- 12 "(I) the sixtieth day after such date; or 13 "(II) the date such . former spouse 14 reaches age fifty; and 15 "(ii) in the case of any other former spouse, 16 beginning on the latest date of- 17 "(I) the date that the participant or 18 former participant to whom the former 19 spouse was married dies; 20 "(II) the sixtieth day after the effective 21 date of this section; or 22 "(III) the date such former spouse 23 reaches age fifty; and S 2477 RIS Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 10 1.. "(B) shall terminate. on the last day of the- month before" 'the former spouse's death or remarriage before. attaining -age fifty. .."(2)(A) Asurvivor annuity under-:this section shall not; be payable unless appropriate written ' application; is provided to;'the Director, complete with any supporting documentation which ;the Director. may` by regulation require, within thirty months after the effective date of this section. ".(B) Upon approval. of. an application provided. under .10 - subparagraph (A),- the appropriate survivor annuity shall be 23 (b) Section 14(a) of - the . Central Intelligence Agency Act before such approval during w'hich the former spouse was entitled to such annuity under this section, but in no event y 'be payable 'under this secti respect -to:.any-period before the effective date of this, section. "(d) The Director shall- "(1) issue such regulations as may be necessary' to carry out this section;- and -"(2) to the. extent. practicable inform each--individ- ual who- was a former spouse of a -participant or former participant on November. 15, -1982, of any rights which :.-such individual may have under this section.'.':.. 24 : ' of 1949 (59 U:S.C. 403n(a)). is amended by inserting "224, payable= to the former' spouse -with..respect to all periods .25 'after '.'222, 223,,". Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 4: tion 224.of the Central Intelligence Agency Retirement Act. 3 _ of section 101(1) of this Act 'for survivor' annuities under sec- 2: be available -'from amounts appropriated under., the authority 1 (c) For fiscal year 1987,, not to exceed .$500,000 shall _ 5 of 19.64 for Certain Employment. and under the amendment 12 1949 is amended by adding at. the end thereof a new section., .6. ,made by subsection (b) of this section. (d) The amendments made by this. section - shall take 9 _ ' HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF 10: CENTRAL INTELLIGENCE AGENCY EMPLOYEES 8 effect ,on October 1, 1986. .11' SEC. 407. (a). The Central Intelligence Agency- Act of 13 as follows: 14 "HEALTH BENEFITS FOR CERTAIN FORMER . SPOUSES OF . 15 CENTRAL INTELLIGENCE AGENCY EMPLOYEES' .16 "SEC. .16: (a) Except as' provided in subsection, (c)(1), 17 any individual-, . 18 ' . "(1) formerly married to 19 employee 'of.' the Agency whose marriage was dissolved 20 by .divorce or annulment before May 7, 1985; 21. ".(2) who, at any;. time during--. the.. eighteen-month 22 period before . the, divorce or .annulment became final,--' 23 .. was' 'covered under. 'a health benefits' plan as a- member 24" of the family of such employee or former 'employee; 25', Declassified and Approved For Release 2011/12/01 : CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 12 `.`(3) who, was. married to such employee for.not less than ten. years during periods of :service by such employee with the Agency, at . least. five years of 'which were spent outside the. United States by both the em- ployee and the former spouse, , :11 period beginning on the. -effective date of this section, and in an in:accord- "(b)(1) Any individual eligible for. coverage under sub- 10 or for self and family if, before the expiration of-the six-month 9.: section (a) may enroll in a health benefits plan for self alone- 12 accordance with such procedures as the Director of the Office - 13 of Personnel Management shall by.regulations prescribe, such 14 individual= 6 is eligible for coverage under a health benefits p `'ance with the provisions of this section. 15 "(A) files an election for such enrollment; and 16 "(B) arranges to pay currently into the Employ :17- ees. Health Benefits Fund under, section 8909 of title 5; 19, employee and agency. contributions payable in the case 18..: . United :States Code an amount equal to the' sum _of the,. 30 ''.of an employee. enrolled .under chapter. 89 of such title 21 in the.'.same , health benefits Y plan and with the same. "(2) .The Director o 24' steps practicable- Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 level of benefits. Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 13 1 "(A) to determine the identity and current address 2 of each former spouse eligible for coverage under sub- 3 section (a); and 4 "(B) to notify each such former spouse of that in- 5 dividual's rights under this section. 6 "(3) The Director of the Office of Personnel Manage- 7 ment, upon notification by the Director of Central Intelli- 8 gence, shall waive the six-month limitation set forth in para- 9 graph (1) in any case in which the Director of Central Intelli- 10 gence determines that the circumstances so warrant. 11 "(c)(1) Any former spouse who remarries before age 12 fifty-five is not eligible to make an election under subsection 13 (b)(1). 14 "(2) Any former spouse enrolled in a health benefits 15 plan pursuant to an election under subsection (b)(1) may con- 16 tinue the enrollment under the conditions of eligibility which 17 the Director of the Office of Personnel Management shall by 18 regulation prescribe, except that any former spouse who re- 19 marries before age fifty-five shall not be eligible for continued 20 enrollment under this section after the end of the 31-day 21 period beginning on the date of remarriage. 22 "(d) No individual may be covered by a health benefits 23 plan under this section during any period in which such indi- 24 vidual is enrolled in a health benefits plan under any other Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 14 1 authority, nor may any- individual be covered under more than.one enrollment under this section. 3 "(e) For purposes of this section the term `health bene-. .4 fits plan' means. an approved health benefits plan under chap- .5 ter 89 of title 5, United States Code.". 6 . (b) The . amendment made by this. section shall take 7 effect on October 1, 1986. PHYSICAL SECURITY OF NATIONAL SECURITY AGENCY. 9. FACILITIES 10 SEC. 408. The National Security Agency Act of 1959 11 (50 U.S.C. 402 note) is amended by deleting section. 11. and 12 inserting in lieu thereof the following new section: 13 ' "SEC. 11. (a) The Director of the National Security 14. Agency may authorize National Security Agency personnel 15 within the United States to perform the same functions as 16 special -policemen of the General Services Administration 17 perform under the first section of the Act entitled `An .Act to 18 authorize the Federal Works Administrator or officials of the 19 Federal Works Agency duly authorized by him to appoint 20 special policemen for duty upon Federal property under the 21. jurisdiction of the Federal Works Agency, and for. other pur- 22 poses'- (40 U.S.C. 318),, with the powers set forth in. that 23 section,. except that such personnel shall perform such func- 24 tions and 'exercise such powers only within Agency installs- 25 tions, and the rules and regulations enforced by such person- Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 15 . 1 nel shall be the rules and regulations promulgated by the 2 Director. 3 "(b) The Director is authorized to establish penalties for 4 violations of the rules or regulations promulgated by the Di- 5 rector under subsection (a) of this section. Such penalties 6 shall not exceed those specified in the fourth section of the 7 Act referred to in subsection (a) of this section (49 U.S.C. 8 318c). 9 "(c) Agency personnel designated by the Director under 10 subsection (a) of this section shall be clearly identifiable as 11 United States Government security personnel while engaged 12 in the performance of the functions to which subsection (a) of 13 this section refers.". 14 TITLE V-ENH.12NCED FEDERAL BUREAU OF 15 INVESTIGATION COUNTERINTELLIGENCE 16 CAPABILITIES 17 ACCESS TO FINANCIAL RECORDS OF AGENTS OF FOREIGN 18 POWERS 19 SEC. 501. Section 1114(a) of the Right to Financial Pri- 20 21 23 24 25 vacy Act of 1978 (12 U.S.C. 3414(a)) is amended by adding at the end thereof. the following new paragraph: "(5)(A) Financial institutions, and officers, employees, and agents thereof, shall comply with a request for a custom- er's or entity's financial records made pursuant to this sub- section by the Federal Bureau of Investigation when the Di- Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 16 1 rector of the Federal Bureau of Investigation (or the Direc- 2 tor's.designee) certifies in writing to the financial institution 3 that such records are sought for foreign counterintelligence 4 purposes and that there are specific and articulable facts 5 giving reason to believe that the customer or entity whose 6 records are sought is or may be a foreign power or an agent 7 of a foreign power as defined in section 101 of the Foreign 8 Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). 9 "(B) The Federal Bureau of Investigation may dissemi- 10 nate information obtained pursuant to this paragraph only as 11 provided in guidelines approved by the Attorney General for 12 foreign intelligence collection and. foreign counterintelligence 13 investigations conducted by the Federal' Bureau of Investiga- 14 Lion, and, with respect to dissemination to an agency of the 15 United States, only if such information is clearly relevant to 16 the authorized responsibilities of such agency. 17 "(C) On a semiannual basis the Director of the Federal 18 Bureau of Investigation shall fully inform the Permanent 19 Select Committee on Intelligence of the House of Represent- 20 atives and the Select Committee on Intelligence of the 21 Senate concerning all requests made pursuant to this 22 paragraph. 23 "(D) No financial institutions, or officer, employee, or 24 agent of such institution, shall disclose to any person that the 25 Federal Bureau of Investigation has sought or obtained Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 17 1 access. to. a customer's or entity's financial records under this 2. ' paragraph.". ACCESS TO STATE AND LOCAL CRIMINAL RECORDS., 4 ' SEC.. 502. (a) Section 9101 of title 5, United States .5 Code, is amended: 6 (1) in paragraph '(1) of subsection (b) by striking out 7 "or" after. "Office of Personnel Management" and by insert- 8 ing ", or the Federal Bureau of Investigation" after ".the 9 Central Intelligency Agency;" 10, ' (2) in subparagraph (3)(A) of subsection (b) by-striking 11 out "or"- after "Office of Personnel Management" and by in- 12 serting ", or the Federal Bureau of Investigation" after "the 13 Central Intelligence Agency;" 14 . (3) in subparagraph (3)(B) of subsection, (b) by striking. 15 out "or" after "Office of Personnel Management" and by in- 16 serting ", or the Federal Bureau of Investigation" after "the 17 Central Intelligence Agency;" and, 18 . . (4) in subsection (c) by striking out "or" after "Office of 19 Personnel Management" and by inserting ", or the Federal 20 Bureau of Investigation" . after. "the Central Intelligence 21 Agency." 22 (b) Section 803(a) of title 8 of, the Intelligence Authori- 23 zation Act for. fiscal year 1986- is amended by striking out 24 "and" after "the Office of Personnel Management" and by 25 inserting "., and the Federal Bureau of Investigation" after 26' "the Central Intelligence Agency" S 2477 RB Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 18 (c) The amendments. made by this section *shall become 2 effective with respect .to. 'any inquiry which begins after the 3 . date of . enactment, of this Act conducted by - the: Federal. 4 Bureau of. Investigation for purposes specified in paragraph 5 (b)(1) of section 9101 of title 5,-United States Code. SEC. 503: (a). Chapter 33.-of title 28," United States ACCESS TO TELEPHONE' TOLL RECORDS Code, -is amended by adding 'at the end thereof the following. 9 new section: 10 538. Access ,to telephone -toll records 15 ti on (or the Director's designee) certifies -in writing to the.. 14., gation when the-Director oft he the Federal Bureau of Investiga- 13.. billing record information by the Federal Bureau of.Investi=. 11 "(a) A- communication.: common carrier shall comply 12 with a request for telephone subscriber information or toll 16 communications common carrier 'that such information. is' 17 sought for foreign counterintelligence purposes and that there 18 are. specific and articulable facts giving reason to believe' that 23 . 26 .foreign intelligence collection. and. foreign counterintelligence 25 provided in guidelines approved by the Attorney General for lance Act of 1978. (50,U.S:C: 1801). `.?(b) The Federal Bureau of Investigation may dissemi- 24 . nate information 'obtained pursuant. to this . section only. as .~ Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 the person .or entity to whom the information sought pertains is or may be a foreign power or an agent of a foreign pow as defined. in section 101 of the Foreign Intelligence Surveil Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 19. 1 investigations conducted. by the Federal Bureau of Investiga- 2 tion, and, with respect to dissemination to an agency of the 3. United States, only if such information is clearly relevant to 4. the authorized responsibilities of such agency. 5 "(c) On a semiannual basis the Director of the Federal. 6 Bureau of Investigation shall fully inform the Permanent 7 Select Committee on Intelligence of the House.,of Represent- 8 atives and- the Select Committee on Intelligence of the. 9 Senate concerning all requests made pursuant to this section. 10 "(d) No communications common carrier,.or officer,. em- 11 ployee, or. agent thereof, shall disclose to any person that the 12 Federal Bureau of Investigation has sought or .obtained 13 . access to telephone subscriber information or toll' billing 14 record information under this section." 15 (b) The table of contents for chapter 33. of title 28, 16 United States Code, is amended by adding at the end thereof 17 the following: "538. Access to Telephone Toll Records" 18 TITLE VI-PROTECTION OF UNITED STATES 19, INTERESTS 20 . . FOREIGN MISSIONS ACT AMENDMENT 21 . SEC. 601: Section 202(a)(4) of the State Department 22 Basic Authorities Act of 1956 (22 U.S.C. 4302(a)(4)) is 23 amended to read as follows: 24 "(4)' .`foreign mission' means any mission to or 25 agency or entity in the United States which is involved $2477RI3 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 20 in the diplomatic, consular, or other activities of, or which is substantially owned or effectively controlled 3 by- 7 "(A) a foreign government, or "(B) an. organization (other than an interna- tional organization, as defined in section 209(b) of this title) representing a territory- or political 8 entity which has been granted diplomatic or other 9 official privileges and immunities under the laws 10 of the United States or which engages in some 11 aspect of the conduct of the international affairs of 12, such territory. or political entity, . 13 including any real property of such a mission and including 14 the personnel of such a mission;". 15 SOVIET MISSION AT THE UNITED NATIONS 16 SEC. 602. (a)(1) It is the policy of the Congress that the 17 number. of nationals of the Soviet Union admitted to the 18 United States to serve as members of the Soviet mission at 10, the United Nations headquarters shall not substantially .20 exceed the number of United States nationals who serve as 21 members of'_ the United States mission at the United Nations 22 headquarters, unless the President determines that the ad- 23 mission to the United States of additional Soviet nationals to 24 ' serve as members of the Soviet mission at the United Nations 25 headquarters would be in the interest of the United States. Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 21 1 (2) Beginning six months after the date of 'enactment of 2 this section, and every six months thereafter, the Secretary of 3 State shall prepare and transmit to the Committee on For- 4 eign Relations and the Select Committee on Intelligence. of 5 the Senate and-to the_ Committee on Foreign Affairs and the 6 Permanent Select ' Committee on Intelligence of the House of 7 Representatives a report setting forth the number of Soviet 8 nationals admitted during the preceding six-month period to 9 the United States pursuant to a determination of the Presi- 10 dent under paragraph (1) and their duties with the Soviet 11 mission at the United Nations headquarters. 12 (3) Nothing in this subsection may be construed as in- 13. eluding any dependent. or spouse who is not a .member of .a 14 mission. at the. United Nations headquarters .in the. calculation 15, of the number of members of a mission at the United Nations 16 headquarters. 17 (b) It is the sense of the Congress that the .Secretary of 18 State and the Attorney General should, not later than 'six 19 months after the date of ' enactment of this section, prepare 20' and transmit to the Committee on Foreign Relations and the 21 Select Committee. on Intelligence of. the Senate and to the .22' Committee on Foreign Affairs and the Permanent Select, 23 Committee on Intelligence of the House of Representatives a 24 report setting forth a plan for ensuring that the number of Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 .22 1 Soviet nationals described in paragraph (a)(1): does not exceed 2 the limitation described in that paragraph. (c) For purposes of this section- (1) the -term "members of the Soviet mission" and sion", as defined by article 1(b) of the Vienna Conven- within the meaning of the ' term 'members of . the. mis- "members of the United States mission" are' used tion on'Diplomatic Relations, 'done April 18, 1961; and (2) the term "mission at the United Nations head- 10 quarters" of .a country includes all the missions of such 11 country to the United Nations in. New York City and 12 includes missions in New York City to specialized 13 agencies of the United Nations, -as defined in article 57 14 of the charter of the United Nations. 15 REGISTRATION OF.AGENTS OF CERTAIN FOREIGN 16 GOVERNMENTS 17 SEC. 603. Section 951 of title 18, United States Code, 18 is. amended. by adding at the end thereof the following new 19 subsection: 20 . -"(e) Notwithstanding paragraph (d)(4), any person en- 2 1 gaged in a legal commercial transaction shall, be considered 22 to -be an agent of, a foreign- government for purposes of this 23, section:if- 24 25 26 "(1) such person agrees . to operate within the ' United States. subject. to the direction or control of, a foreign.government or official; and Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 23 "(2)' such person- "(A) is an agent of the Soviet Union, the German Democratic Republic,. Hungary, Czecho- slovakia, Poland, Bulgaria, Romania, or Cuba, unless the . Attorney General,. after consultation with the Secretary of State, determines and so re-. ports to the Congress that the national security or foreign policy interests of the United States re- quire. that the provisions of this section do not apply in specific circumstances to agents of such country; or "(B) has been convicted of, or has entered a plea of nolo contendere with respect to, any of- . fence under section 792 through 799, 831, or 2381 of this title or under section 11 of the Export Administration Act of 1979, or is the em- ployer of such person, except that the provisions of this section shall not apply. to a person or em- ployer, described in this clause for a period of more than five years beginning on the date of the . conviction or the date of entry of the plea of nolo 22 . contenders, as the case may be.". - Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9 24 1 TITLE VII-GENERAL PROVISIONS 2 AUTHORITY FOR THE CONDUCT OF INTELLIGENCE 3 ACTIVITIES 4 SEC. 701. The authorization of appropriations by this 5 Act shall not be deemed to constitute authority for the con- 6 duct of any intelligence activity which is not otherwise au- 7 thorized by the Constitution or laws of the United States. 8 INCREASES IN COMPENSATION AND BENEFITS 9 AUTHORIZED BY LAW 10 SEC. 702. Appropriations authorized by this Act for 11 salary, pay, retirement, and other benefits for Federal em- 12 ployees may be increased by such additional or supplemental 13 amounts as may be necessary for increases in such compensa- 14 tion or benefits authorized by law. 0 Declassified and Approved For Release 2011/12/01: CIA-RDP89B00297R000300700008-9