POC'S FOR HPSCI-DIRECTED PERSONNEL STUDY
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP90-00530R000902150006-4
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
9
Document Creation Date:
December 27, 2016
Document Release Date:
March 8, 2013
Sequence Number:
6
Case Number:
Publication Date:
November 21, 1986
Content Type:
MEMO
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TRANSMITTAL
SLIP
DATE
21 November 86
TO:
AD/PPS
ROOM NO.
BUILDING
REMARKS:
. .
FROM:
ROOM NO.
BUILDING
EXTENSION
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(47)
STAT
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DCl/ICS 86-3140
21 November 1986
MEMORANDUM FOR: Acting Director, Policy and Planning Staff,
Intelligence Community Staff
FROM: Director, Intelligence Community Staff
SUBJECT: Congressionally Directed Action from the
House Permanent Select Committee on Intelligence
REFERENCE: Section 507 of the FY 1987 Intelligence Authorization Act
1. Section 507 of the subject Act contains a provision which requires a
joint DCI-SECDEF report covering the personnel systems of CIA, DIA, NSA and
the civilian intelligence personnel of the military services. This report,
which must be unclassified, is to address five broad areas of interest as
outlined under section 507.
2. The report is due to Congress on 3 January 1987. Unfortunately,
inasmuch as the due date was actually written into the law (instead of being
set in the accompanying report), the HPSCI staff has advised us that they lack
the authority to grant any extensions to the reporting deadline.
3. I would like you to take the lead in pulling together the individual
NFIP agency contributions, and to work with Mr. Craig Wilson in C3I in
preparing a document that can be jointly signed by the SECDEF and the DCI as
requested.
4. I have attached for your reference an excerpt from the Congressional
Record which contains the law, as passed, and the appropriate section of the
Conference Report which contains additional information on this provision. If
any questions arise, please contact of our
Legislative Liaison office. They can be reached at
Attachments:
As Stated
'war' .elnz
Lieutenant General,
?711,
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Octtther'll, INS
CONGRESSION-AL RECORD?HOUSE 118869
same weTe affiliated whir the' vigilan-
tes that have cropped- MT in Arizona
who were. &Ohm out.. Wain, it upon
themselltes. to. awes& people, they
thought.were.aliens: and still are..
Others that* them' were- associated
with; the Aryan. Brotherhaoch_ which
as. you, know' from having, read in the
newspaper: has, created quite- a bit of
dilemma ter law enforcement agents
in theMiddle West
Whether. that. is true or not. I did
not. think it was any of my. business in
the. absence of absolute verifiable in-
formation which came after the shoot,
ing-deathz and which I could see that
the. municipality- did: not and does not
have the-resources to really go into a
comprehensive review that only such
agencies_ as the Federal Bureau of In-
vestigationhave.
So I wrote a- letter and called and re-
quested personally of, Director. Web-
ster. wha had beett kind' enoughto call
me. after 2 years. of speaking on this
floor on the Judge Wood case, for
which I was ridiculed, criticized, and
what not
He called me at my home in San An-
tonio one day, a Friday, and said:
I want you to be the first to know that the
first breakthrough in our indictments of
what will be people charged with the
murder of Judge Wood will be announced,
and I wanted you to know first, ahead of
time, because we gave you credit, more than
any other person, for having enabled us to
get the resources to resolve the crime.
What I am saying today, though, is
that that crime really has not been
fully resolved. Yes, we had five indict-
ments. we had about three or four
convictions; but those are not the
moving spirits behind it all. We talk
about curbing drugs. We are doing less
now in curbing this multibillion-dollar
exchange of stolen vehicles south of
the border, coming back in the form of
drugs than we were in 1979.
Judge Wood became a target be-
cause they considered him harsh.
Harsh. But who were the individuals
involved? Were they the top? Well, I
am sure they are not, because we have
reached the point, as I said for those 2
years. where in our country crime and
criminal behavior of the most sophisti-
cated kind is so enmeshed within the
political and the business?we have
businesses, banks, shopping centers.
savings and loans, other big corpora-
tions, insurance corporations, that
have literally been taken over by the
mob: but it is done in late 20th-centu-
ry fashion.
So well that many of the people in-
volved in the businesses do not even
know who really controls it. Even now
our own President, I have never heard
him come out strong against organized
crime. It is now revealed what a lot of
us had reason to know, that when he
got started in making his $4 million in
Hollywood. that it was enabled to be
done so because those powerful pan-
jandrums that enabled him to become
a millionaire four times over were
linked cheek by jowl with the highest,
sophisticated, criminal: organized' ele-
ment in our country.
Does that mean the President. knows
It? No. As. one very,.very famous figure
in the so,called.stopping of the French
connection in the Northeast. meaning
the importation of hard drugs, co-
caine. said:
Well, we'll soon see where we will elect a
President who will not know that organized
crime put himthere until he gets the bill to
pay.
I hate to say this, but it is true. We
have put out law enforcement agents
where they cannot buck that kind of
combination. They, cannot possibly
penetrate it.
In my city of San Antonio, which ac-
tually should not get that kind of rep-
utation because it never has been a
headquarters: at best it has been a
way station. When the French connec-
tion was stopped, then the brown
heroin was open, and it came from Co-
lombia and Bolivia and. through
Mexico. Then when that, after a lot of
us got to yelling about it. it opened up
in greater strength in the Caribbean
and up through Florida. where it is
still unstopped. We can send all the
soldiers we want, but until we address
the fundamental reason and the cause
for the demand in our country, until
we can give our law enforcement
agents the power to really uproot the
main brains behind it. we will continue
to have King Crime in full emperor's
robes.
Mr. Speaker, I yield back the bal-
ance of my time.
CONFERENCE REPORT-ear
Eit
Mr. HAMILTON submitted the fol-
lowing conference report and state-
ment on the bill (H.R. 4759) to author-
ize appropriations for fiscal year 1987
for intelligence and intelligence-relat-
ed activities of the United States Gov-
ernment, for the Intelligence Commu-
nity Staff. for the Central Intelligence
Agency Retirement and Disability
System, and for other purposes:
CoRrEnErwz REPORT (H. RErr. 99-952)
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R.
4759) to authorize appropriations for fiscal
year 1987 for intelligence and intelligence-
related activities of the United States Gov-
ernment, for the Intelligence Community
Staff, for the Central Intelligence Agency
Retirement and Disability System, and for
other purposes, having met, after full and
free conference, having agreed to so recom-
mend, do recommend to their respective
Houses as follows:
That the House recede from its disagree-
ment to the amendment of the Senate and
agree to the same with an amendment as
follows:
In lieu of the matter proposed to be in-
serted by the Senate amendment insert the
following:
That this Act may be cited as the "Intelli-
gence Authorization Act for Fiscal Year
1987".
TITLE I?INTELLIGENCE ACTIVITIES
ALTHORIZATION OF APPROPRIATIONS
Sec. 101 Fundh are hereby authorized to be
appropriated for fiscal year 1987- for the con-
duct of the intelligence and intelligence-re--
kited activities of the following elements of
the United States Government.'
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army. the De-
partment of the Navy, and the Department
of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administra-
tion.
CLASSIFIED SCHEDULE OF AUTHORIZAI70N5 .
Sec. 102. (a) The amounts authorized to be
appropriated under section 101, and the au-
thorized personnel ceilings as of September
30, 1987, for the conduct of the intelligence
and intelligence-related activities of the ele-
ments listed in such section. are those speci-
fied in the classified Schedule of Authoriza-
tions prepared by the Committee of Confer-
ence to accompany H.R. 4759 of the Ninety-
ninth Congress, That Schedule of A uthoriza-
lions shall be made available to the Commit-
tees on Appropriations of the Senate and
House of Representatives and to the Presi-
dent. The President shall provide /or suita-
ble distribution of the Schedule, or of appro-
priate portions of the Schedule, within the
executive branch.
(b) Funds appropriated to the Department
of Defense for fiscal year 1987 for intelli-
gence and intelligence-related activities and
listed under the heading "ADD1770NAL SPECIFI-
CALLY AUTHORIZED scrtinnes" in the Schedule
of Authorizations to which subsection (a)
refers, shall be considered to be specifically
authorized by the Congress for such activi-
ties for purposes of section 502 of the Na-
tional Security Act 01 1947. notwithstanding
the absence of authorizations of appropria-
tions for such activities in this Act
PERSONNEL CEILING ADJL'STMEISTS
Sec. 103. The Director of Central Intelli-
gence may authorize employment of civilian
personnel in excess of the numbers author-
ized for fiscal year 1987 under sections 102
and 202 of this Act when he deter,7, nes that
such action is necessary to the p, rina Ise
of important intc:1:gence ,tunc!.ic excrpt
that such number may not. for any e7erent
of the Intelligence Communzty. exceed 2 pe-
cent tort of the number of civilian personnc:
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 r:f?
Representatives and the Select Committee
on Intelligence of the Senate whenever he ex-
ercises the authority granted by this section.
A LTTIGR/TY FOR 77IE CONDUCT OF INTELLIGENCE
ACT7W177ES
Sec. 104. 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.
i.voREAsEs IN EMPLOYEE COMPENSATION AND
BENEFITS AUTHORIZED BY LAW
SEC. 105. Appropriations authorized Oil
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 in?
creases in such compensation or benefits au-
thorized by law.
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H 8870
CONGRESSIONAL RECORD ? HOUSE
RESTRICTION ON SUPPORT FOR MILITARY OR
PARAMILITARY OPERATIONS IN NICARAGUA
SEC. 106. Funds available to the Central
Intelligence Agency, the Department of De-
fense, or any other agency or entity of the
United States involved in intelligence ac-
tivities may be obligated and expended
during fiscal year 1987 to provide funds,
materiel, or other assistance to the Nicara-
guan democratic resistance to support mili-
tary or paramilitary operations in Nicara-
gua only as authorized in section 101 and as
specified in the classified Schedule of Au-
thorizations referred to in section 102, or
pursuant to section 502 of the National Se-
curity Act of 1947, or pursuant to any provi-
sion of law specifically providing such
funds, materiel, or assistance.
RESTRICTION ON INTELLIGENCE AGENCY
COOPERATION WITH SOUTH AFRICA
Sec. 107. No agency or entity of the United
States involved in intelligence activities
may engage in any form of cooperation,
direct or indirect, with the Government of
South Africa, except activities which are
reasonably designed to facilitate the collec-
tion of necessary intelligence. It is the policy
of the United States that no agency or entity
of the United States involved in intelligence
activities may provide any intelligence in-
formation to the Government of South
Africa which pertains to a South South Afri-
can internal opposition group, movement,
organization, or individuaL Any change in
such policy, or the provision of intelligence
information contrary to such policy, shall
be considered a significant anticipated in-
telligence activity for purposes of section
501 of the National Security Act of 1947.
TITLE II?INTELLIGENCE COMMUNITY
STAFF
AUTHORIZATION OF APPROPRIATIONS
Sec. 201. There i.s authorized to be appro-
priated for the Intelligence Community
Staff for fiscal year 1987 the sum of
$22000000.
AUTHORIZATION OF PERSONNEL END-STREVGTH
Sec. 202. (a) The Intelligence Community
Staff is authorized two hundred thirty seven
full-time personnel as of September 30, 1987.
Such personnel of the Intelligence Commu-
nity Staff may be permanent employees of
the Intelligence Community Staff or person-
nel detailed from other elements of the
United States Government.
(b) During fiscal year 1987. 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 and in-
telligence-related activities.
(c) During fiscal year 1987. any officer or
employee of the United States or a member
of the Armed Forces who is detailed to the
Intelligence Community Staff from another
element of the United States Government
shall be detailed on a reimbursable basis,
except that any such officer, employee, or
member may be detailed on a 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 1987, 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 01 1949 (50 U.S.C. 403a et
seq.) in the same manner as activities and
personnel of the Central Intelligence Agency.
TITLE III?CENTRAL INTELLIGENCE
AGENCY RETIREMENT AND RELATED
MATTERS
AUTHORIZATION OF APPROPRIATIONS
SEc. 301. There is authorized to be appro-
priated for the Cental Intelligence Agency
Retirement and Disability Fund for fiscal
year 1987 the sum of $125,800,000.
SURVIVOR BENEFITS FOR CERTAIN FORMER
SPOUSES OF CIA EMPLOYEES
Sec. 302. (a) Part C of title II of the Cen-
tral Intelligence Agency Retirement Act of
1964 for Certain Employees is amended by
adding at the end thereof the following new
section:
"SURVIVOR BENEFITS FOR CERTAIN OTHER
FORMER SPOUSES
Sec. 224. (a)(1) Any individual who was a
former spouse of a participant or former
participant on November 15, 1982, shall be
entitled, to the extent of available appro-
priations, and except to the extent such
former spouse is disqualified under subsec-
tion (b), to a survivor annuity equal to 55
per cent um of the greater of?
"(A) the full amount of the participant's
or former participant's annuity, as comput-
ed under section 221(a); or
"(.13) the full amount of what such annuity
as so computed would be if the participant
or former participant had not withdrawn a
lump-sum portion of contributions made
with respect to such annuity.
"f2) A survivor annuity payable under this
section shall be reduced by an amount equal
to the amount of retirement benefits, not in-
cluding benefits under title II of the Social
Security Act, received by the former spouse
which are attributable to previous employ-
ment of such former spouse by the United
States.
"(b) A former spouse shall not be entitled
to a survivor annuity under this section if?
"(1) an election has been made with re-
spect to such former spouse under section
223;
-(2) the former spouse remarries before age
fifty-five: or
"t3) the former spouse is less than fifty
years of age.
"(e)( 1) The entitlement of a former spouse
to a survivor annuity under this section?
"(A) shall commence?
"(i) in the case of a former spouse of a par-
ticipant or former participant who is de-
ceased as of the effective date of :his section.
beginning on the later of-
-(1) The sixtieth day after such dot,: or
"(II) the date such former spouse retches
age fifty; and
"ail in the case of any other :":,,rr:er
spouse, beginning on the latest of?
"(I) the date that the participant or
former participant to trhoni the former
spouse was married dies;
"(II) the sixtieth day after the effective
date of this section; or
-arn the date such former spouse reaches
age fifty; and
"(3) shall terminate on the last day of the
month before the former spouse's death or
remarriage before attaining age fifty-five.
"2)(A.' A survivor annuity under this sec-
tion shall not be payable unless appropriate
written application is provided to the Direc-
tor. complete with any supporting documen-
tation which the Director may by regulation
require, within thirty months after the effec-
tive date of this section.
"(B) Upon approval of an application pro-
vided under subparagraph (A), the appropri-
ate survivor annuity shall be payable to the
former spouse with respect to all periods
before such approval during which the
former spouse was entitled to such annuity
under this section. but in no event shall a
survivor annuity be payable under this sec-
October 1, 1986
lion with respect to any period before the ef-
fective date of this section.
"ID The Director shall?
"t1) as soon as possible, but not later than
surly days after the effective date of this sec-
tion, issue such regulations as may be neces-
sary to carry out this section: and
"(2) to the maximum extent practicable.
and as soon as possible, inform each indi-
vidual who was a former spouse of a partici-
pant or former participant on November 15.
1982, of any rights which such individual
may have under this section.".
lb) Section 14(a) of the Central Intelli-
gence Agency Act 01 1949 (50 U.S.C. 403n(a) I
is amended by inserting "224," after "222.
223,".
(c) For fiscal year 1987, not to exceed
$500.000 shall be available from amounts
appropriated under the authority of section
101(1) of this Act for survivor annuities
under section 224 of the Central Intelligence
Agency Retirement Act of 1964 for Certain
Employees and under the amendment made
by subsection (b) of this section.
(b) The amendments made by this section
shall take effect on October 1, 1986.
HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES
OF CENTRAL INTELLIGENCE AGENCY EMPLOYEES
Sic. 303. (a) The Central Intelligence
Agency Act of 1949 is amended by adding at
the end a new section as follows:
"HEALTH BENEFITS FOR CERTAIN FORMER
SPOUSES OF CENTRAL INTELLIGENCE AGENCY
EMPLOYEES
"Sec. 16. /a/ Except as provided in subsec-
tion (ala), any individual?
"(1) formerly married to an employee or
former employee of the Agency, whose mar-
riage was dissolved by divorce or annulment
before May 7, 1985;
"(2) who, at any time during the eighteen-
month period before the divorce or annul-
?-ent became final, was covered under a
health benefits plan as a member of the
family of such employee or former employee,'
cd
"t31 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 employee and
the former sponse,
is eligible for coverage under a health berze-
fits plan in accordance with the proris:ons
of this section.
b),li Any inditidual elig?ble for corpr-
ace under subsection (a., may enroll in a
hect:h bene-its pZan for setf alone or for
ard f'0,0u5 if before the ezpirat:::n -)/ the
s%r-,-w nth period beglnnzng on :!he C
dote ot this section, and vt accordonct, atth
such procedures as the Director of Ike Ohce
of Personnel Management shall be regtaa-
lion prescribe, such individual?
"f.4) files an election for such enrollment:
and
"B) arranges to pay currently into the
Employees Health Benefits Fund under sec-
tion 8909 of title 5, United States Code, an
amount equal to the sum of 'the employee
and agency contributions payable in the
case of an employee enrolled under chapter
89 of such title in the same health benefits
plan and with the same level of benefits.
-(2/ The Director of Central Intelligence
shall, as soon as possible, take all steps prac-
ticable?
'(A.' to determine the identity and current
address of each former spouse eligible for
corercge under subsection (a); and
"18) to notify each such former spouse of
that individual's rights under this section.
"(3) The Director of the Office of Person-
nel Management, upon notification by the
Director of Central Intelligence, shall waive
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October 1, 1.986
CONGRESSIONAL RECORD ? HOUSE 11 SS71
the six-month limitation set forth in para-
graph (i) in any case in which the Director
of Central Intelligence determines that the
circumstances 90 warrant.
"(cif 1) Any former spousei who. remarries
before age fifty-fjve. is: not: eligible to make
an election under subsection. (WM
"I 2)? Any- former- spouses enrolled in a
health benefits plan purmorat:t0..au.eleetion
under subsection (bi(l) may continue the
enrollment:under the conditions of eligibil-
ity. which the: Director-of the Office of Per-
sonnel Management shall by regulation.pre-
scribe, except; that any former spouse who
remarries befcrreagefifty-fine shall not be.el-
igible for continued. enrollment. under this
section after the, end V of the. thirty-one-day
periort beginning an the date of remarriage..
"td.)? indirinnel may be covered by a.
health. benefits plan- under this section
during-any period ire which such individual
is enrolled, in a. health benefits plan under
any other authority, nor may any individ-
ual be covered under more than one enroll-
ment under this section.
"let For purposes of this- section the term
'health benefits plan: means an approved
health benefits plan.under chapter 89 of title
5, United States Code..".
lb) The amendment made by this section
shall take-effect cetOetober 1. 1986.
TITLE. IV?COUNT ERIN TELLIGENCE
AND SECURITY
COUNTERINTELLIGENCE OFFICIAL VISITOR
EXCHANGES
SEC. 40L (a) Chapter 33 of title 28, United
States COde, is amended by adding at the
end thereof the following new section:
"e 539. Counterintelligence official reception and
representation expenses
"The Director of the Federal Bureau of In-
vestigation may use funds available to the
Fede rat Bureau of Investigation for counter-
intelligence programs to pay the expenses of
hosting foreign officials in the United States
under the auspices of the Federal Bureau of
Investigation for consultation on counterin-
telligence.matters.".
tb) -The table of contents for chapter 33 of
title 28. United States Code, is amended by
adding at the end thereof the following:
"539. Counterintelligence official reception
and representation expenses.''.
(c) Chapter 4 of title 10, United States
Code, is amended by adding at the end
thereof the following new section:
1,10a. Counterintelligence official reception and
representation expenses
"The Secretary of Defense may use funds
available to the Department of Defense for
counterintelligence programs to pay the ex-
penses of hosting foreign officials in the
United States under the auspices of the De-
partment of Defense for consultation on
counterintelligence matters.".
(di The table of contents for chapter 4 of
title 10. United States Code, is amended by
adding at the end thereof the following:
"140a. Counterintelligence official reception
and representation expenses.".
FBI ACCESS TO STATE AND LOCAL CRIMINAL
RECORDS FOR SECURITY CLEARANCES
Sec. 402. (al Section 9101 of title 5, United
States Code, is amended as follows:
(I) in paragraph (1) of subsection tb) by
striking "or" after "Office of Personnel Man-
agement". by inserting "or the Federal
Bureau of Investigation," after "the Central
Intelligence Agency,", and by striking "de-
partment, office or agency" and inserting in
lieu thereof "department, office, agency or
bureaw";
(2) in. subparagraph 131(A) of subsection
lb) by striking. "or" after "Office of Person-
nel Management,'' by inserting ", or the Fed-
eral Bureau of Investigation" after -the
Central Intelligence Agency'', by striking
"department, office, or agency" and insert-
ing in lieu thereof "department, office,
agency. or bureau-, and by striking "depart-
ment, office, or agency." and inserting in
lieu thereof "department, office, agency, or
bureau.":
(3) in subparagraph (3)(A) of subsection
lb) by striking "or" after "Office of Person-
nel Management," by inserting ", or the Fed-
eral Bureau. of Investigation" after "the
Central Intelligence Agency": and
(41 in subsection tc) by striking "or" after
"Office of Personnel Management," by in-
serting ", or the Federal Bureau of Investi-
gation" after "the Central. Intelligence
Agency".
(b) Section 803(a) of the Intelligence Au-
thorization Act for fiscal year 1986 (Public
Law 99-169) is amended by striking "and"
after "Office of Personnel Management."
and by inserting and the Federal Bureau of
Investigation," after "the Central Intelli-
gence Agency. ".
(c) The amendments made by this section
shall become effective with respect to any in-
quiry which begins after the date of enact-
ment of this Act conducted by the Federal
Bureau of Investigation for purposes speci-
fied in. paragraph (WU) of section 911.11 of
title 5, United Slates Code,
PERMANENT EXTENSION OF DOD AUTHORITY TO
USE PROCEEDS FROM COU.VTERINTELLIGENCE
OPERATIO.VS
Sec. 403. (a) Chapter 4 of title 10, United
States Code, as amended by section 401(c) of
this Act, is ,eurther amended by adding at the
end thereof the following new section:
"S; HO& .4uthority to use proceeds from counterin-
telligence operations of the military departments
"(a) The Secretary of Defense may.author-
ize. without regard to the provisions of sec-
tion 3502 of title 31. United States Code. use
of proceeds from counterintelligence oper-
ations conducted by components of the mitt-
tory departments to offset necessary and
reasonable expenses, not otherwise prohibit?
ed by law, incurred in such operations, and
to make exceptional performance awards to
personnel involved in such operations, if use
of appropriated funds to meet such expenses
or to make such awards would not be practi-
cable.
"1b) As soon as the net proceeds from such
counterintelligence operations are no longer
necessary for the conduct of those oper-
ations. such proceeds shall be deposited into
the Treasury as miscellaneous rece7pts.
"lc., The Secretary of Defense snail estab-
lish poLictes and proccd..reF to goi?errt acqui-
sition. use, management. and d!sposition of
proceeds from counter ntelligence oper-
ations conducted by components of the mill-
tart.,' departments, including effective inter-
nal systems of accounting and administra?
ttve controls".
,b, The table of contents for chapter 4 of
title 10. United States Code, as amended by
Section 401fd) of this Act, is further amend-
ed by adding at the end thereof. the follow-
z ng..
-140b. Authority to use proceeds from coun-
tertelligence operations of the
military departments.".
FEDER...11. BUREAU OF INVESTIGATION COUNTERIN.
TELLICENCE .4CCESS TO FINANCIAL RECORDS OF
GE.VTS OF FOREIGN POWER
Sec. 404. Section 1114(a) of the Right to
Financial Privacy Act of 1978 (12 U.S.C.
3414(a)) is amended by adding at the end
thereof, the t-ollowing new paragraph:
.75)(A) Financial institutions, and offi-
cers, employees, and agents thereof, shall
comply with a request for a customer's or
entity's financial records made pursuant to
thts subsection by the Federal Bureau of In-
vestigation when the Director of the Federal
Bureau of Investigation (or the Director's
designee) certifies in writing to the finan-
cial institution that such records are sought
for foreign counterintelligence purposes and
that there are specific and articulabie facts
giving reason to believe that the customer or
entity whose records are sought is a foreign
Power or an agent of a foreign power as de-
fined in section 101 of the Foreign Intelli-
gence Surveillance Act. of 1978 (50 U.S.C.
1801).
"(B) The Federal Bureau of Investigation
may disseminate information obtained pur-
suant to this paragraph only as provided in
guidelines approved by the Attorney General
for foreign intelligence collection and for-
eign counterintelligence investigation con-
ducted by. the Federal. Bureau of Investiga-
tion, and, with respect to dissemination to
an agency of the United States, only if such
information is clearly relevant to the au-
thorized responsibilities of such agency.
"(C) On a semiannual basis the Attorney
General shall fully- infOrm the Permanent
Select Committee an Intelligence of the
House. of Representatives and the Select
Committee on Intelligence of the Senate con-
cerning all requests made pursuant to this
paragraph_
D) No financial institution, or officer,
employee, or agent of such institution, shall
disclose to any person that the Federal
Bureau of Investigation has sought or ob-
tained access to a customer's or entity's fi-
nancial records under this porn araph.
TITLE V?ADMINISTRATIVE AUTHORI-
TIES RELATING TO INTELLIGENCE
PERSONNEL
DEFENSE INTELLIGENCE AGENCY C7:7LIAN
MEDICAL EVACUATION BENEFIT
Sec. 501, Subsection 1605(a) of title 10.
United States Code, is amended by inserting
(51" after "paragraphs (2). (3), (4)" and
after "1:2 U.S.C. 4081 (2), (37, 141".
ONE YEAR EXTENSION DEFENSE INTELLIGENCE
AGENCY SPECIAL TERMINATION ALTHOR1TY
SEC. 502, Paragraph 1604(ei(1) of titld to,
United States Code, is amended by striking
",`iscal years 1985 and 1986" and inserttng
In lieu thereof "fiscal years 1986 and 1987".
D1PEC7'OR OF ''EN75'_,L
'0 V'I .4 'A'S PDS By M:LITARY ;.%
Sect:ol ttt. :re 5?
Act ,'or :
air.: : ? /
at Slit end thereof the ,,o,,:owing:
"(c, During _fiscal year 1987. the D:-ector
of Central Intelligence may exercise the au-
thority 7ranted in section 45032) of title 5.
United Slates Code, with respect to mcmbers
of the Armed Forces who are assicned to tom.
coin intelligence duties at the time of t.':e
conduct which gives rise to the ezerc!.e of
such authority.
-(d) An award made by the D'rr-t?lor of
Central Intelligence to an employee or
member of the Armed Forces under the au-
thority of section 4503 of title 5, United
States Code, of this section may be paid and
accepted notwithstanding?
'(f/ section 55.36 of title 5. States
Code; and
"(2) the death, separation, or trttrement of
the employee or the member of the Armed
Forces whose conduct gave rise t 0 the
award, or the assignment of such rim-nbcr to
duties other than foreign n tei.?
duties.".
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II 8872
CONGRESSIONAL RECORD ? HOUSE October 1, 1956
MANAGEMENT OF CIVILIAN INTELLIGENCE
PERSONNEL OF THE MILITARY DEPARTMENT'S
SEC. 504. (a) Chapter 81 of title 10, United
States Code, is amended by adding at the
end thereof the following new section:
"I 1590. Management of civilian intelligence per-
sonnel of the military departments
"(a) The Secretary of Defense may, with-
-out regard to the provisions of any other law
relating to the number, classification, or
compensation of employees?
"( 1) establish such positions for civilian
intelligence officers and employees of the
military departments as may be necessary to
carry out the intelligence functions of such
departments;
"(2) appoint individuals to such positions;
and
"I 3) fix the compensation of such individ-
uals for service in such positions.
"1111 The Secretary of Defense shall, subject
to subsection (c), fix the rates of basic pay
for positions established under subsection
(a) in relation to the rates of basic pay pro-
vided in the General Schedule under section
5332 of title 5 for positions subject to such
Schedule which have corresponding levels of
duties and responsibilities. Except in the
case of a civilian intelligence officer or em-
ployee of a military department serving as a
member of the Senior Executive Service of a
military department, no civilian intelli-
gence 'officer or employee of a military de-
partment may be paid basic pay at a rate in
excess of the highest rate of basic pay pay-
able under such General Schedule.
"lc) The Secretary of Defense is author-
ized, consistent with section 5341 of title 5,
to adopt such provisions of such title as pro-
vide for prevailing rate systems of basic pay
and to apply such provisions to positions
for civilian intelligence officers or employ-
ees in or under which the military depart-
ments may employ individuals described by
section 5342(a)(2)(A) of such title.
"(d) In addition to the basic pay payable
under subsection lb), civilian intelligence
officers and employees of the military de-
partments who are citizens or nationals of
the United States and who are stationed
outside the continental United States or in
Alaska may be paid allowances, in accord-
ance with regulations prescribed by the Sec-
retary of Defense, not in excess of an allow-
ance authorized to be paid by section
5941(a) of title 5 for employees whose rates
of basic pay are fixed by statute. Such allow-
ances shall be based on?
"(1) living costs substantially higher than
in the District of Columbia;
"(2) conditions of environment which
differ substantially from conditions of envi-
ronment in the continental United States
and warrant an allowance as a recruitment
incentive: or
"I3) both of the factors described in para-
graphs (I) and (V.
"10(1) Notwithstanding any other provi-
sion of law, the Secretary of Defense may,
during fiscal year 1987, terminate the em-
ployment of any civilian intelligence officer
or employee of a military department when-
ever he considers that action to be in the in-
terests of the United States and he deter-
mines that the procedures prescribed in
other provisions of law that authorize the
termination of the employment of such offi-
cer or employee cannot be invoked in a
manner consistent with the national securi-
ty. The decisions of the Secretary under this
paragraph are final and may not be ap-
pealed or reviewed outside the Department
of Defense. The Secretary of Defense shall
promptly notify the Permanent Select Com-
mittee on Intelligence of the House of Repre-
sentatives and the Select Committee on In-
telligence of the Senate whenever this termi-
nation authority is exercised.
'(2) Any termination of employment
under this subsection shall not affect the
right of the officer or employee involved to
seek or accept employment with any other
department or agency of the United States if
he is declared eligible for such employment
by the Director of the Office of Personnel
Management
"(3) The Secretary of Defense may delegate
authority under this subsection only to the
Deputy Secretary of Defense or the Secretary
concerned or both. An action to terminate
any civilian intelligence officer or employee
of a military department by either such offi-
cer shall be appealable to the Secretary of
Defense.".
lb.' The table of sections at the beginning
of chapter 81 of title 10, United States Code
is amended by adding at the end thereof the
following new item:
"1590. Management of civilian intelligence
personnel of the military de-
partments.",
(c) The Secretary of Defense shall conduct
a comprehensive review and evaluation of
the implementation of Section 1590 of title
10, United States Code and shall report
thereon to the Congress no later than March
1, 1989. Such report shall?
( 1) describe the extent to which the civil-
ian intelligence personnel management sys-
tems established under Section 1590 of title
10 have improved acquisition and retention
of civilian intelligence personnel by the
military departments:
(2) describe the elements of uniformity
among the civilian intelligence personnel
management systems established under Sec-
tion 1590 of title 10:
(3) describe the elements of diversity
among the civilian intelligence personnel
management systems established under Sec-
tion 1590 of title 10, and explain the need
for such diversity based on differences in the
intelligence needs or missions of the mili-
tary departments;
(4) describe the means for oversight within
the Office of the Secretary of Defense and
each of the military departments for ensur-
ing consistent application of regulations, di-
rectives, and guidelines which implement
the authority granted under Section 1590 of
title 10;
(5) contain recommendations for any leg-
islative changes the Secretary of Defense
may deem appropriate; and
(6) include such other matters as the Sec-
retary of Defense may deem appropriate.
NATIONAL SECURITY AGENCY ACQUISITION OF
CRITICAL SKILLS
SEC. 505. The National Security Agency
Act of 1959 (50 U.S.C. 402 note) is amended
by adding at the end thereof the following
section:
"Sec. 16. (a) The purpose of this section is
to establish an undergraduate training pro-
gram, which may lead to the baccalaureate
degree, to facilitate the recruitment of indi-
viduals, particularly minority high school
students, with a demonstrated capability to
develop skills critical to the mission of the
National Security Agency, including mathe-
matics, computer science, engineering, and
foreign languages.
"(b) The Secretary of Defense is author-
ized, in his discretion, to assign civilian em-
ployees of the National Security Agency as
students at accredited professional, techni-
cal, and other institutions of higher learn-
ing for training at the undergraduate level
in skills critical to effective performance of
the mission of the Agency.
"(c) The National Security Agency may
pay, directly or by reimbursement to em-
ployees, expenses incident to assignments
under subsection (b), in any fiscal year only
to the extent that appropriated junds are
available for such purpose.
"(d), 1) To be eligible for asvgnment under
subsection lb), an employee of the Agency
must agree in writing-
-(A) to continue in the service of the
Agency for the period of the assignment and
to complete the educational course of train-
ing for which the employee is assigned,-
-(13) to continue in the service of the
Agency following completion of the assign-
ment for a period of one-and-a-half years for
each year of the assignment or part thereof;
"(C) to reimburse the United States for the
total cost of education (excluding the em-
ployee's pay and allowances) provided
under this section to the employee if prior
to the employee's completing the education-
al course of training for which the employee
is assigned, the assignment or the employ-
ee's employment with the Agency is termi-
nated either by the Agency due to miscon-
duct by the employee or by the employee vol-
untarily; and
"(D) to reimburse the United States if.
after completing the educational course of
training for which the employee is assigned,
the employee's employment with the Agency
is terminated either by the Agency due to
misconduct by the employee or by the em-
ployee voluntarily, prior to the employee's
completion of the service obligation period
described in subparagraph (El). in an
amount that bears the same ratio to the
total cost of the education (excluding the
employee's pay and allowances) provided to
the employee as the unserved portion of the
service obligation period described in sub-
paragraph (B) bears to the total period of
the service obligation described in subpara-
graph (B).
"IV Subject to paragraph (3), the obliga-
tion to reimburse the United States under
an agreement described in paragraph (1), in-
cluding interest due on such obligation, is
for all purposes a debt owing the United
States.
"(3)(A) A discharge in bankruptcy under
title 11, United States Code, shall not release
a person from an obligation to reimburse
the United States required under an agree-
ment described in paragraph (1) if the final ?
decree of the discharge in bankruptcy is
issued within five years after the last day of
the combined period of service obligation
described in subparagraphs (A) and (B) of
paragraph (1).
"(B) The Secretary of Defense may release
a person, in whole or in part, from the obli-
gation to reimburse the United States under
an agreement described in paragraph ,11
when, !rt his discretion. the Secretary deter-
mines that equity or the interests of the
United States so require.
"(C) The Secretary of Defense shall permit
an employee assigned under this section
who, prior to commencing a second academ-
ic year of such assignment, voluntarily ter-
minates the assignment or the employee's
employment with the Agency. to satisfy his
obligation under an agreement described in
paragraph (1) to reimburse the United
States by reimbursement according to a
schedule of monthly payments which results
in completion of reimbursement by a date
five years after the date of termination of
the assignment or employment or earlier at
the option of the employee.
"(e)(1) When an employee is assigned
under this section to an institution, the
Agency shall disclose to the institution to
which the employee is assigned that the
Agency employs the employee and that the
Agency funds the employee's education.
(2) Agency efforts to recruit individuals at
educational institutions for participation
in the undergraduate training program es-
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October 1, 1986
CONGRESSIONAL RECORD ? HOUSE
tablished by this section shall be made
Openly and according to the common prac-
tices of universities and employers recruit-
ing at such institutions.
"(f) Chapter 41 of title 5 and subsections
(a) and (b) of section 3324 of title 31, United
States Code, shall not apply with respect to
this section.
"(g) The Secretary of Defense may issue
such regulations as may be necessary to im-
plement this section.".
CENTRAL INTELLIGENCE AGENCY ACQUISITION OF
CRITICAL SKILLS
SEC. 506. Pursuant to the authority grant-
ed in section 8 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403.9. the Di-
rector of Central Intelligence shall establish
an undergraduate training program with re-
spect to civilian employees of the Central In-
telligence Agency similar in purpose, condi-
tions, content, and administration to the
prograni which the Secretary of Defense is
authorized to establish under section 16 of
the National Security Act of 1959 (50 U.S.C.
402 note) for civilian employees of the Na:
tional-Security-Agency.
REPORT ON INTELLIGENCE PERSONNEL SYSTEMS
SEC. 50.7. Not- later than January 3. 198g.
the Secretary of Defense and the Director of
Central Intelligence shall submit jointly to
the Congress an unclassified report describ-
ing the civilian personnel systems for ?IA-
'cers and employees of the Central Intelli-
gence Agency, the National Security Agency,
and the Defense Intelligence Agency, and the
personnel systems for officers and employees
established under section 1590 of title 10.
'United States Code, as added by section 50,4.
for civilian intelligence personnel of the
military departments. The report shall in-
clude descriptions of?
(1) how each such intelligence personnel
System differs from the competitive service
and from each other such system:
(2) the specific features of each such per-
sonnel system to ensure compliance with the
Merit system principles set forth in section
2301 of title 5. United States Code:
(3) any features of compensation (includ-
ing bonuses and awards) unique to such tier-
Sonnet system:
I (4) authorities to take actions (including
the number of such actions) through empl9y-
Ment termination provisions which do not
Permit appeals outside the agency: and
1 (5) any recruitment or retention problems
exisling_within such
TITLE VI?MISCELLANEOUS
DEFENSE'. A FPI NG-.4 GE NC 1.-E XCHA NGE
AGREEMENTS
Sec. 601. (a) Chapter 167 of title 10. United
States Code, is amended by adding at the
end thereof the following new section:
".427.95. Exchange of mapping, charting, and geo-
detic data with foreign countries and internation-
al organkations
"The Secretary of Defense may authorize
the Defense Mapping Agency to exchange or
furnish mapping, charting, and geodetic
data, supplies and services to a foreign
country or international organization pur-
suant to an agreement for the production or
exchange of such data.''.
(b) The table of contents of chapter 167 of
title 10. United States Code, is amended by
adding at the end thereof:
"2795. Exchange of mapping, charting, and
geodetic data with foreign
countries and international or-
ganizations. ".
NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF
DEFENSE ARTICLES AND DEFENSE SERVICES
SEC. 602. (al Title V of the National Secu-
rity Act of 1947. relating to accountability
for intelligence activities, is amended by
adding at the end thereof the following:
"NOTICE TO CONGRESS OF CERTAIN TRANSFERS
OF DEFENSE ARTICLES AND DEFENSE SERVICES
"SEC. 503. 4W1) The transfer of a defense
article or defense service exceeding
$1.000.000 in value by an intelligence agency
to a recipient outside that agency shall be
considered a significant anticipated intelli-
gence activity for the purpose of section 501
of this Act.
"(2) Paragraph 1) does not apply if?
"(A) the .transfer is being made to a de-
partment, agency, or other entity of the
United States (so long as there will not be a
subsequent retransfer of the defense articles
or defense services outside the United States
Government in conjunction with an intelli-
gence or intelligence-related activity): or
"( B) the transfer?
"(1) is being made pursuant to authorities
contained in part II of the Foreign Assist-
ance Act of 1961. the Arms Export Control
Act, title 10 of the United States Code (in-
cluding a law enacted pursuant to section
7307(b)( I) of that title), or the Federal Prop-
erty and Administrative Services Act of
1949, and
"(iii is not being made in conjunction
with an intelligence or intelligence-related
activity.
I "(3) An intelligence agency may not trans-
fer any defense articles or defense services
!outside the agency in conjunction with any
;intelligence or intelligence-related activity
Ifor ssihich funds were denied by the Con-
"(b) As used in this section?
"(1) the term 'intelligence agency' means
any department, agency, or other entity of
the United States involved in intelligence or
intelligence-related activities:
-(2) the terms 'defense articles' and 'de-
fense services' mean the items on the United
States Munitions List pursuant to section 38
of the Arms Export Control Act (22 CFR part
121):
"131 the term *transfer' means?
"(A) in the case of defense articles, the
transfer of possession of those articles: and
"113) in the case of defense services, the
provision of those services: and
"(4) the term 'value' means?
"( A) in the case of defense articles, the
greater of?
"(i) the original acquisition cost to the
United States Government. plus the cost of
improvements or other modifications made
by or on behalf of the Government: or
"(ii.' the replacement cost: and
"(B) in the case of defense services, the I'M;
cost to the Government of providing the
services.".
1b1 The table of contents at the end of the
first section of such Act is amended by in-
serting the following after the item relating
to section 502:
"503. Notice to Congress of certain transfers
of defense articles and defense
services.".
COVERT AGENT DISCLOSURE FEDERAL PENSION
FORFEITURE
Sec. 603. Section 8312(c)(1)(C) of title S.
United States Code is amended by striking
the period at the end thereof and inserting
in lieu thereof "or section 601 of the Nation-
al Security Act of 1947 (50 U.S.C. 421) (relat-
ing to intelligence identities),
Title VII?PROTECTION OF UNITED
STATES INTERESTS
FOREIGN MISSIONS ACT AMENDMENT
SEC 701. Section 2021(1)14/ of the State De-
partment Basic Authorities Act of 1956 122
U.S.0 43021aii4), is amended to read as fol-
lows:
-141 foreign mission' means any mission
to or agency or entity in the United States
which is involved in the diplomatic. consul-
ii 8873
ar, or other activities of. or which is sub-
stantially owned or effectively controlled
by?
"(Al
a foreign government. or
"B) an organization (other than an inter-
national organization, as defined in section
209(b) of this title) representing a territory
or political entity which has been granted
diplomatic or other official privileges and
immunities under the laws of the United
Slates or which engages in some aspect of
the conduct of the international affairs of
such territory or political entity.
including any real property of such a mis-
sion and including the personnel of such a
mission;".
SOVIET MISSION AT ME UNITED NATIONS
SEC. 702. (a)(1) It is the policy of the Con-
gress that the number of nationals of the
Soviet Union admitted to the United States
to serve as members of the Soviet mission at
the United Nations headquarters shall not
substantially exceed the number of United
States nationals who serve as members of
the United States mission at the United Na-
tions headquarters, unless the President de-
termines that the admission to the United
States of additional Soviet nationals to serve
as members of the Soviet mission at the
United Nations headquarters would be in
the interest of the United States.
(2) Beginning six months after the date of
enactment of this section. and every six
months thereafter, the Secretary of State
shall prepare and transmit to the Committee
on Foreign Relations and the Select Com-
mittee on Intelligence of the Senate and to
the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence
of the House of Representatives a report set-
ting forth the number of Soviet nationals
admitted during the preceding six-month
Period to the United States pursuant to a de-
termination of the President under para-
graph (1) and their duties with the Soviet
mission at the United Nations headquarters.
(3) Nothing in this subsection may be con-
strued as including any dependent or spouse
who is not a member of a mission at the
United Nations headquarters in the calcula-
tion of the number of members of a mission
at the United Nations headquarters.
lb) It is the sense of the Congress that the
Secretary of State and the Attorney General
should, not later than st.r months after the
date of e,:actinent Of this section. prepare
? traiisuzit to the Commit:cc Foreign
Refations a the Select In?
h.:licence of the S.inale aisd tu t`ie Commit?
tee on Foreign Affairs. gni' the Fr-inns:ell
Setect Committee on Intel,i9ence of the
House of Representatives a report setting
forth a plan for ensuring that !he number of
Soviet nationals described in paragraph
1(0117 does not exceed the limitation de-
scribed in that paragraph.
(e) For purposes of this section-
11 the term "members of the Soviet ims?
siort" and "members of the United States
mission" are used within the meaning of the
term "members of the mission". as defined
by article lib) of the Vienna Convention on
Diplomatic Relations. done April 18. 1961:
and
12.i the term "mission at the United Na.
tions headquarters" of a country includes
ail the missions of such country to the
United Nations in New York City and in?
eludes missions in New York City to spec-cc:I-
L-zed agencies of the United Nations, as de.
fined in article 57 of the charter of the
United Nations.
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H 8876
CONGRESSIONAL RECORD ? HOUSE
granted for a limited period of time several
Years ago casts doubt on the real need for
such asaharity. Nevertheiess. in an effort to
provide as copOrtunity to assess the need
for the authorIty and its value to the De-
fense Intgenee Agency mission, the con-
ferees decided to extend the authority for
another need year.
SECTION 503
Section 503 Of the conference report en-
sures that, durbag fiscal year 1987. military
personnel of the Intelligence components of
the military departments may accept Direc-
tor of Central Intelligence performance
awards on the same basis as civilian person-
nel of intelligence agencies may accept such
awards. Section 503 of the conference report
Is identical to Section 503 of the House bill.
except that it applies only during fiscal year
1987. The Senate amendment contained no
corresponding provision.
The conferees request that the Director of
Central Intelligence submit a report, and
the Joint Chiefs of Staff submit a separate
report, both by March 1. 1987. expressing
their views on whether the authorfty grant-
ed by Section 503 of the conference report
should or should not be made permanent
law.
SECTION 104
Section 504 of the conference report
enacts a new Section 1590 in Title 10 of the
United States Code to authorize the Secre-
tary of Defense to provide for management
of civilian intelligence personnel of the mili-
tary departments, notwithstanding certain
civil service laws. Section 504 of the confer-
ence report is identical to Section 504 of the
House bill, except for the addition in the
conference report of the evaluation and re--
porting requirement added as Section
504(c). The Senate amendment contained
no corresponding provision.
Subsection 504(c) of the conference report
requires the Secretary of Defense to con-
duct a comprehensive review and evaluation
of the implementation of Section 1590 of
Title 10 and to report on the review and
evaluation to the Congress no later than
March 1. 1989. The conferees expect that, if
the Secretary of Defense delegates this duty
to evaluate and report, he will delegate it
only to a senior official within the Office of
the Secretary of Defense and will not dele-
gate it to the Sectetaries of the Military De-
partments or their subordinates. The re-
porting date of March 1. 1989 ensures a suf-
ficiently lengthy period of personnel man-
agement experience under Section 1590 to
permit a useful evaluation. The report to
Congress shall include the items set forth in
Subsection 504(c).
The conferees expect the Secretary of De-
fense and his subordinates to submit to the
intelligence committees of the Congress all
regulations, directives, and guidelines issued
to implement Section 1590 of Title 10,
United States Code, before they take effect.
SECTION 505
Section 505 of the conference report
amends the National Security Agency Act of
1959 to authorize the Secretary of Defense
to send NSA civilian employees to be stu-
dents at accredited professional, technical
and other institutions of higher learning for
training at the undergraduate level. The
purpose of Section 505 is to establish an un-
dergraduate training program, including
training which may lead to a baccalaureate
degree, to facilitate recruitment of individ-
uals, particularly minority high school stu-
dents. with a demonstrated capability to de-
velop skills critical to NSA's mission.
Section 505 of the conference report is
identical to Section 505 of the House bill.
except for the addition of Section 16(ex2)
of the NSA Act as contained in Section 505
of the conference report. The Senate
amendment contained no corresponding
provision.
Section 16(eX2) of the NSA Act as con-
tained in the conference report provides
that NSA efforts to recruit individuals at
educational institutions for participation in
the NSA undergraduate training program
established by Section 505 of the conference
report shall be made openly and according
to the common practices of universities and
employers recruiting at educational institu-
tions. The provision would permit NSA to
identify interested and qualified students at
educational institutions through advertis-
ing, contacts arranged through guidance
counseling offices or financial aid offices, or
through NSA testing programs arranged
with officials of the educational Institu-
tions. The provision would not permit NSA
personnel to identify or assess individuals
within educational institutions in any non-
public fashion, nor would it permit NSA
contacts with students in educational insti-
tutions without prior agreement of the offi-
cials of those institutions.
The conferees expect NSA to work with
responsible officials of educational institu-
tions to ensure the proper confidentiality of
related records.
The conferees urge the National Security
Agency to be aware of the availability of nu-
merous qualified disabled high school stu-
dents for employment opportunities and re-
quest that the Director, National Security
Agency report to the intelligence commit-
tees of Congress by March 1, 1987 on the
benefits that could accrue by applying the
program established under the authority
granted by Section 505 of the conference
report to those individuals.
SECTION 506
Section 506 of the bill requires the Direc-
tor of Central Intelligence, exercising the
authority granted by Section 8 of the Cen-
tral Intelligence Agency Act of 1949 (50
U.S.C. 403.0. to establish a program to send
CIA civilian employees to be students at ac-
credited professional, technical and other
institutions of higher learning for training
at the undergraduate level, similar in pur-
pose, conditions, content, and administra-
tion to the NSA program established under
the authority of Section 506 of the confer-
ence report. Section 506 of the conference
report is identical to Section 506 of the
House bill. The Senate amendment con-
tained no corresponding provision.
The statutory conditions which apply to
the NSA is administering its undergraduate
training program under Section 16 of the
NSA Act of 1959 as enacted by Section 505
of the conference report appiy with respect
to the CIA undergraduate training program
by virtue of Section 506 of the conference
report. Thus. Section 16(e)(2) of the NSA
Act as contained in Section 505 of the con-
ference report, which provides that NSA ef-
forts to recruit individuals at educational in-
stitutions for participation in the NSA un-
dergraduate training program shall be made
openly and according to the common prac-
tices of universities and employers recruit-
ing at educational institutions, applies
equally to CIA efforts to recruit individuals
in educational institutions for the CIA un-
dergraduate training program. The provi-
sion would permit CIA to identify interested
and qualified students through advertising.
contacts arranged through guidance coun-
seling offices or financial aid offices, or
through CIA testing programs arranged
with officials of the educational institu-
tions. The provision would not permit CIA
personnel to identify or assess individuals
within educational institutions in any non-
October 1, 1986
public fashion. nor would it permit CIA con-
tacts with students in educational institu-
tions without prior agreement of the offi-
cials of those institutions.
The conferees expect CIA to work with re-
sponsible officials of educational institu-
tions to ensure the proper confidentiality of
related records.
The conferees urge the Central Intelli-
gence Agency to be aware of the availability
of numerous qualified disabled high school
students for employment opportunities and
request that the Director of Central Intelli-
gence report to the intelligence committees
of Congress by March 1, 1987 on the bene-
fits that could accrue by applying the pro-
gram established under the provisions of
Section 506 of the conference report to
those individuals.
SECTION 507
Section 507- of the conference report re-
quires the Secretary of Defense and the Di-
rector of Central Intelligence jointly to
submit an unclassified report to the Con-
gress no later than January 3. 1987 describ-
ing the civilian personnel systems for CIA.
NSA. DIA, and the intelligence components
of the Army, Navy. and Air Force. Section
507 of the conference report is the same as
Section 507 of the House bill with the ex-
ceptions that the House bin had required
submission of the report to specified com-
mittees of the two Houses of Congress and
had specified a different reporting date. The
Senate amendment contained no corre-
sponding provisions.
The Senate conferees note that submis-
sion of the report by January 3, 1987 will fa-
cilitate the comprehensive review of intelli-
gence personnel systems which the Select
Committee on Intelligence of the Senate
has in progress.
TITLE VI-MISCELLANEOUS
SECTION 601
Section 601 of the conference report pro-
rides clear, permanent authority for the De-
fense Mapping Agency to engage in the ex-
change of mapping, charting and geodetic
data, supplies, and services with foreign
countries and international organizations
pursuant to agreements for the production
or exchange of such data. Section 601 of the
conference report is identical to Section 601
of the House bill. Section 403 of the Senate
amendment contained a corresponding pro-
vision which differed only in that it explicit-
ly required the Secretary of Defense to
comply with the requirements of tr.e Case
Act 1 U.S.C. 112b) and its impiementing
regulations for reporting international
agreements to the Congress.
The provisions of Section 112b of title 1
apply of their own force to agreements estab-
lished under the authority granted in Sec-
tion 601 of the conference report: explicit
reference to Section 112b in Section 601 is
not necessary to make the provisions of Sec-
tion 112b apply.
SECTION 602
Section 602 of the conference report adds
a new section 503 to the National Security
Act of 1947 to specify that a covert arms
transfer involving a single article or service
of a value exceeding $1 million is a "signifi-
cant anticipated intelligence activity- for
purposes of section 501 of that. Act, thus
making explicit the requirement for the ex-
ecutive branch to give prior notice to the in-
telligence committees of the Congress of
such a transfer. Section 602 of the confer-
ence report is identical to Section 502 of the
House bill. The Senate amendment con-
tained no corresponding provision.
Section 602 places in permanent law the
provision enacted for fiscal year 1986 by
Declassified in Part - Sanitized Copy Approved for Release 2013/03/08: CIA-RDP90-00530R000902150006-4