CENTRAL INTELLIGENCE AGENCY AND INTELLIGENCE COMMUNITY PROPOSED LEGISLATIVE PROGRAM FOR THE FIRST SESSION OF THE 100TH CONGRESS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000200170015-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 27, 2016
• Document Release Date: January 2, 2013
• Sequence Number: 15
• Publication Date: August 8, 1986
• Content Type: MISC

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8 Qust 1986
CENTRAL INTELLIGENCE AGENCY
AND
INTELLIGENCE COMMUNITY
PROPOSED LEGISLATIVE PROGRAM
FOR THE FIRST SESSION
OF THE 100th CONGRESS
(Asterik indicates those items currently included in
either H.R. 4759 or S. 2477, the House and Senate versions,
respectively, of the intelligence authorization bill)
LEGISLATIVE PROPOSALS
100/1 - 1: Fiscal Year 1988 Intelligence
Authorization Act
The Director of Central
Intelligence will submit to the
Office of Management and Budget
for clearance a proposed Fiscal
Year 1988 Intelligence
Authorization Act for transmittal
to the Congress.
100/1 - 2: Protection of Intelligence
Information
The Director of Central
Intelligence may propose
legislation to provide criminal
penalties for willful unauthorized
disclosures of classified
information by federal employees
and others having authorized access
to classified information and may
support this proposal as contained
in other legislation.
100/1 - 3: Right To Financial Privacy Act
Amendment
The Director of Central
Intelligence (DCI) may propose
legislation to clarify the Agency's
authority to examine the financial
records of employees where grounds
exist to believe they may be
vulnerable to a
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counterintelligence threat. The
DCI may also support extensions of
any such authority to other
agencies in the Intelligence
Community as appropriate.
100/1 - 4: Department of Defense
Proprietaries
*100/1 - 5:
At the request of the Department
of Defense, the Director of
Central Intelligence will include
in the proposed Fiscal Year 1988
Intelligence Authorization Act
legislation which would grant the
Department of Defense authority to
establish and operate corporations
or other business entities in
support of authorized and
appropriately coordinated
intelligence activities and may
support this proposal as contained
in other legislation.
Exemption from Requirement to
Publish Record
Disposal Requests
If it does not become law as part
of the Fiscal Year 1987
Intelligence Authorization Act,
the Director of Central
Intelligence will include in the
proposed Fiscal Year 1988
Intelligence Authorization Act
legislation to amend the U.S. Code
to exempt the Central Intelligence
Agency and the National Security
Agency from the requirement that
the Archivist publish in the
Federal Register the records
disposal requests for the purpose
of soliciting public comment.
2
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*100/1 - 6/A
Survivor and Health Benefits for
Certain Former Spouses of CIA
Employees
If it does not become law as part
of the Fiscal Year 1987
Intelligence Authorization Act,
the Director of Central
Intelligence may include in the
Fiscal Year 1988 Intelligence
Authorization Bill an amendment to
the law governing the Central
Intelligence Agency Retirement and
Disability System (CIARDS) so as
to provide survivor benefits for
certain former spouses divorced
prior to the effective date of the
CIA Spouse Equity Act of 1982
(15 November 1982) and health
benefits for certain former
spouses divorced prior to the
effective date of the Civil
Service Spouse Equity Act (7 May
1985).
100/1 6/B Conformance of Certain Provisions
of CIARDS with P.L. 98-615
The Director of Central
Intelligence may propose
legislation to amend the law
governing the Central Intelligence
Agency Retirement and Disability
System (CIARDS) so as to
incorporate certain former spouse
entitlements which were made
available to former spouses or
participants in the Civil Service
Retirement System by passage of
the Civil Service Spouse Equity
Act of 1984.
100/1 ? 7: FOIA Relief for FBI
In addition to the relief from the
provisions of the Freedom of
Information Act (FOIA) currently
being sought by the Federal Bureau
of Investigation (FBI) and the
Department of Justice, the
Director of Central Intelligence,
at FBI's request, may concur in an
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*100/1 - 8:
amendment to the FOIA which would
exempt FBI's counterintelligence
files from the provisions of the
FOIA that require search, review,
and publication, provided those
files are not older than five
years.
Access by FBI to Financial
Records For Counterintelligence
Purposes
If it does not become law as part
of the Fiscal Year 1987
Intelligence Authorization Act,
the Director of Central
Intelligence will include in the
proposed Fiscal Year 1988
Intelligence Authorization Act, at
the request of the Federal Bureau
of Investigation (FBI), an
amendment to the Right to
Financial Privacy Act that would
require financial institutions to
comply with requests by the FBI
for financial records when such
requests have been approved by the
Attorney General or his designee
for counterintelligence purposes.
100/1 - 9: Access by FBI to Tax Records
for Counterintelligence Purposes
The Director of Central
Intelligence may include in the
proposed Fiscal Year 1988
Intelligence Authorization Act, at
the request of the Federal Bureau
of Investigation (FBI),
legislation that would authorize
the FBI, upon approval by the
Attorney General or his designee,
to receive tax return and taxpayer
information regarding individuals
that are the subject of a
counterintelligence investigation.
4
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k.=.)
*100/1 - 10: Access by FBI to Toll Records
For Counterintelligence Purposes
*100/1 - 11:
If it does not become law as part
of the Fiscal Year 1987
Intelligence Authorization Act,
the Director of Central
Intelligence will include in the
proposed Fiscal Year 1988
Intelligence Authorization Act, at
the request of the Federal Bureau
of Investigation (FBI),
legislation that would require
telephone companies to comply with
requests by the FBI for toll
records when such requests have
been approved by the Attorney
General or his designee for
counterintelligence purposes.
Authority to Expend Funds for
Consultation
with Foreign Officials
If it does not become law as part
of the Fiscal Year 1987
Intelligence Authorization Act,
the Director of Central
Intelligence will include in the
proposed Fiscal Year 1988
Intelligence Authorization Act, at
the request of the Federal Bureau
of Investigation (FBI) and the
Department of Defense (DoD),
legislation that would authorize
the expenditure of funds to bring
foreign officials who have
counterintelligence
responsibilities in their own
countries to the United States for
consultation with FBI and DoD
representatives.
5
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*100/1 - 12: Access by FBI to State and Local
Criminal Records
*100/1 - 13:
*100/1 - 14:
If it does not become law as
part of the Fiscal Year 1987
Intelligence Authorization Act, the
Director of Central Intelligence will
include in the proposed Fiscal Year
1988 Intelligence Authorization Act,
at the request of the Federal Bureau
of Investigation (FBI), legislation
that would authorize access by the
FBI to state and local criminal
records for purposes of determining
eligibility for access to classified
information.
Loss of Federal Pension for Violation
of Intelligence Identities Protection
Act
If it does not become law as part of
the Intelligence Authorization Act
for Fiscal Year 1988, the Director of
Central Intelligence may include in
the proposed Intelligence
Authorization Act for Fiscal Year
1988 a provision providing for the
loss of federal pension for a federal
employee convicted of a violation of
the Intelligence Identities
Protection Act.
Defense Intelligence Agency (DIA)
Proposal to Extend Termination
Authority of Secretary of Defense
with Respect to Defense Intelligence
Agency Civilian Personnel
If it does not become law as part of
the Fiscal Year 1987 Intelligence
Authorization Act, the Director of
Central Intelligence will include in
the proposed Fiscal Year 1988
Intelligence Authorization Act, at
the request of the Defense
Intelligence Agency (DIA), an
amendment to Chapter 83 of title 10,
United States Code, to extend for two
6
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*100/1 - 15:
additional fiscal years the authority
of the Secretary of Defense to
terminate the employment of DIA
civilian personnel originally
provided in Title V of the Fiscal
Year 1985 Intelligence Authorization
Act.
Department of Defense Proposal to
Extend the Provision of Section 1604,
P.L. 98-618, to the Military
Departments
Title V of the Fiscal Year 1985
Intelligence Authorization Act (P.L.
98-618) entitled, "Defense
Intelligence Agency Personnel
Management Improvements," granted the
Secretary of Defense certain
personnel management authorities with
regard to civilian officers and
employees in the Defense Intelligence
Agency. If it does not become law as
part of the Fiscal Year 1987
Intelligence Authorization Act; the
Director of Central Intelligence will
include in the proposed Fiscal Year
1988 Intelligence Authorization Act,
at the request of Department of
Defense, legislation to extend these
authorities to civilian officers and
employees in the intelligence
organizations of the military
departments.
*100/1 - 16: Exchange of Mapping, Charting, and
Geodetic Data with Foreign Nations
If it does not become law as part of
the Fiscal Year 1987 Intelligence
Authorization Act, the Director of
Central Intelligence will include in
the proposed Fiscal Year 1988
Intelligence Authorization Act, at
the request of the Department of
Defense, legislation which would
clarify the authority of the Defense
Mapping Agency to exchange or furnish
7
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*100/1 - 17:
mapping, charting and geodetic (MC&G)
data, supplies or services to a
foreign country pursuant to an
agreement for the production or
exchange of MC&G data.
Related Travel and Medical Care
Expenses for Defense Intelligence
Agency Civilian Employees Serving
Overseas
If it does not become law as part of
the Fiscal Year 1987 Intelligence
Authorization Act, the Director of
Central Intelligence will include in
the proposed Fiscal Year 1988
Intelligence Authorization Act, at
the request of the Defense
Intelligence Agency (DIA),
legislation to provide DIA the
authority to pay for travel and
related expenses in connection with
obtaining necessary medical care for
DIA civilian employees serving abroad
equivalent to that now available to
employees of the Central Intelligence
Agency, the National Security Agency,
and the Foreign Service.
*100/1 - 18: Exceptional Intelligence Community
Award Program
If it does not become law as part of
the Fiscal Year 1987 Intelligence
Authorization Act, the Director of
Central Intelligence will include in
the proposed Fiscal Year 1988
Intelligence Authorization Act, at
the request of the Department of
Defense, legislation to ensure that
there is authority for the granting
and acceptance of incentive awards
for service performed by civilian and
military personnel for intelligence-
related activities.
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*100/1 - 19: NSA Guard Force
If it does not become law as part of
the Fiscal Year 1987 Intelligence
Authorization Act, the Director of
Central Intelligence will include in
the proposed Fiscal Year 1988
Intelligence Authorization Act, at
the request of the National Security
Agency (NSA), legislation to
authorize NSA personnel to assume
with respect to certain NSA
facilities the protective service
functions currently performed there
by personnel of the General Services
Administration.
*100/1 - 20: NSA Critical Skills Tuition
Assistance Program
If it does not become law as part of
the Fiscal Year 1987 Intelligence
Authorization Act, the Director of
Central Intelligence will include in
the proposed Fiscal Year 1988
Intelligence Authorization Act a
provision granting to the National
Security Agency (NSA) the authority
to establish a "critical skills"
college tuition assistance program.
Under this program, NSA could offer
tuition assistance to those student
employees pursuing a course of
studies in a designated "critical
skills" area: mathematics, foreign
languages, computer sciences, etc.
100/1 - 21: Clarification of CIA/NSA/DIA Drug &
Alcohol Abuse Authorities
In light of the uncertainty created
by recent case law concerning alcohol
and drug abuse, the Director of
Central Intelligence may propose or
support legislation to ensure that
the Central Intelligence Agency, the
National Security Agency and the
Defense Intelligence Agency are able
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to continue to deal with security
problems in the area of alcohol and
drug abuse without regard to the
provisions of any other law, rule, or
regulation.
100/1 - 22: Congressional Security Survey
The Director of Central Intelligence
(DCI) may support or propose
legislation to authorize the
provision of Executive Branch
assistance to the Congress in
conducting a comprehensive assessment
of Congressional personnel and
physical security needs.
100/1 - 23: Foreign Agents Training Act Amendment
The Director of Central Intelligence
may include in the proposed Fiscal
Year 1988 Intelligence Authorization
Act a proposal to amend the Foreign
Agent Training Act to make clear that
Individuals who have received
training in espionage by a foreign
government, but who have failed to
register as required by that Act,
cannot subsequently cure the
violation through registration. The
proposal would also increase the
penalty for failing to register as
required by the Act.
*100/1 - 24: CIA Critical Skills Tuition
Assistance Program
If it does not become law as part of
the Fiscal Year 1987 Intelligence
Authorization Act, the Director of
Central Intelligence will include in
the proposed Fiscal Year 1988
Intelligence Authorization Act a
provision expanding the authority of
the Central Intelligence Agency (CIA)
to establish a "critical skills"
college tuition assistance program.
10
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100/1 - 25:
Under this program, CIA could offer
tuition assistance to those student
employees pursuing a course of
studies in a designated "critical
skills" area: mathematics, foreign
languages, computer sciences, etc.
This item is similar to item 100/1 -
20 as related to the National '
Security Agency.
Repeal of Outdated, Unnecessary or
Burdensome Reporting Requirements and
Programmatic Restrictions
The Director of Central Intelligence
may include in the proposed Fiscal
Year 1988 Intelligence Authorization
Act, and/or in the materials
transmitted to the Congress in
connection therewith, provisions
designed to repeal outdated,
unnecessary or burdensome reporting
requirements and programmatic
restrictions.
100/1 - 26: NSA Special Expenditure Authority
At the request of the National
Security Agency (NSA), the Director
of Central Intelligence may propose
or support legislation to amend the
NSA Act of 1959 so as to give the
Director of NSA authority to expend
sums available to NSA without regard
to the provisions of law otherwise
restricting such expenditures.
100/1 - 27 Foreign Cryptography Control
At the request of the National
Security Agency (NSA), the Director
of Central Intelligence may propose
or support legislation granting the
Secretary of Defense and the Director
of NSA the authority to prevent the
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introduction of foreign-manufactured
cryptography into governmental
inventories and to bar foreign
companies from accessing governmental
cryptography.
100/1 - 28 Tax Exemption For Allowances Paid to
Certain NSA Employees
At the request of the National
Security Agency (NSA), the Director
of Central Intelligence may include
in the proposed Fiscal Year 1988
Intelligence Authorization Act an
amendment to the Internal Revenue
Code to exempt from taxation
allowances paid to certain NSA
employees under the NSA Act of 1959.
Currently, these same allowances as
paid to employees of the Foreign
Service and the Central Intelligence
Agency are tax exempt .
100/1 - 29 Retroactive Pay for Certain NSA
Employees
At the request of the National
Security Agency (NSA), the Director
of Central Intelligence may include
in the proposed Fiscal Year 1988
Intelligence Authorization Act an
amendment to the NSA Act of 1959 to
authorize the award to otherwise
eligible NSA employees of the
retroactive pay benefits awarded to
certain non-NSA employees by virtue
of the decision in Squillacoate V.
United States, 739 F.2d 1208 (7th
Cir. 1984), cert. denied, 105 S.C.
2021 (1985).
100/1 - 30 Ensuring Continuity of DCI Function
The Director of Central Intelligence
(DCI) may propose or support
legislation to ensure greater
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Cc)
continuity in the exercise of the DCI
function when the DCI or the Deputy
Director for Central Intelligence are
not able to exercise that function.
100/1 - 31 Limited, Intelligence-Related
Interlocutory Appeal Authority
The Director of Central Intelligence
(DCI) may propose legislation
authorizing an interlocutory appeal
by the United States in certain cases
involving intelligence matters. The
appeal would be allowed from a
decision of a United States court on
an evidentiary ruling or dispositive
motion otherwise resulting in the
disclosure of classified intelligence
information when the DCI, with the
concurrence of the Attorney General,
certified that such a decision would
have an adverse impact on the
national intelligence mission or on
the classified intelligence
information sought to be protected.
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