FINAL PASSAGE OF FY 87 INTELLIGENCE AUTHORIZATION BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP88G01332R001100130007-9
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 16
• Document Creation Date: December 27, 2016
• Document Release Date: March 2, 2012
• Sequence Number: 7
• Publication Date: October 8, 1986
• Content Type: MEMO

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i...
OCA 86-3398
8 October 1986
MEMORANDUM FOR: (See Distribution)
Deputy Director for Legislation
Office of Congressional Affairs
SUBJDCT: Final Passage of FY 87 Intelligence Authorization Bill
1. On 1 October 1986, the Conference report to the FY87 Intelligence
Authorization bill was filed. The report reconciled differences between the
House and Senate versions of the Intelligence Authorization Bill. Attached
for your information is a copy of the report and the Statement of Managers.
The report was adopted by the House and the Senate on 2 and 6 October,
respectively.
2. Listed below is a brief summary of the contents of the report:
a. Restriction on support for military or paramilitary operations in
Nicaragua: Adopted. Effect would be to prevent use of CIA contingency
fund or reprogrammings to augment X100 million for program without
authorization from the HPSCI, SSCI, HAC and SAC.
b. Restriction on Intelligence Cooperation with South Africa: Adopted.
Conference report language makes clear that the Agency could pass
opposition information to the South African Government if it "credibly
indicates the imminent likelihood of violent action calculated to threaten
human life." HPSCI and SSCI would have to be notified each time such
information is passed.
c. Survivor and Health Insurance Benefits for Agency former Spouses:
Adopted .
d. Counterintelligence official visitor exchanges: Adopted. Would
permit FBI and DoD to pay expenses of foreign officials visiting for
counterintelligence-related exchanges.
e. FBI access to State and local records for security clearance
purposes: Adopted.
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f. Permanent Authority for DoD to recycle counterintelligence proceeds:
Adopted. The Conference report makes clear that the proceeds can be used
to meet expenses of counterintelligence operations or pay awards to
personnel involved in such operations.
g. FBI mandatory access to bank records for counterintelligence
investigations: Adopted. FBI required to develop guidelines for the
acquisition, retention and dissemination of financial information to other
agencies. The Statement of Managers to the Conference report makes clear
that the FBI cannot use this new authority merely because an individual is
a target of a hostile recruitment effort.
h. FBI mandatory access to telephone toll records for counterintelligence
investigations: Deleted on grounds that same provision is contained in
another bill (the "Electronic Communication Privacy Act").
i. Medical evacuation authority for DIA civilians: Adopted.
j. DIA authority to terminate unsatisfactory employees: Adopted, but
authority only extended one year, rather than two years extension
contained in Senate bill.
k. Director of Central Intelligence awards to military personnel.
Adopted .
1. Personnel Management authority for intelligence civilians in military
departments. Adopted. The Conference Report also contains a new
provision requiring the Secretary of Defense to report on implementation
of this new authority by 1 March 1989.
m. NSA & CIA Acquisition of Critical Skills: Adopted. Anew provision
has been added that requires that efforts to recruit individuals at
educational institutions for participation in the undergraduate training
program must be made openly and according to common practices of
universities and employers recruiting at such institutions. The Statement
of Managers to the Conference report provides that the Agency cannot
contact students in educational institutions to take part in the program
without prior agreement of the officials of those institutions, nor can
the Agency identify or assess such individuals within educational
institutions in a non-public fashion. This provision has no effect on our
ability to spot, assess and recruit foreign students for foreign
intelligence purposes.
n. Report on Intelligence Personnel Systems: The requirement for the DCI
and the Secretary of Defense to jointly submit on a one time basis an
unclassified report on the personnel systems for CIA, NSA, DIA, and the
intelligence components of the Army, Navy and Air Force was adopted.
However, the deadline for submission of the report has been moved to
3 January 1987. We are informed that the date was moved up so that the
report would not have to cover the new occupational pay categories that
.~` F i"
~ i ,~~ i ~
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would be created later in the year. In addition, the original House
provision mandated the report be provided to the HPSCI, SSCI, House Post
Office and Civil Service Committee and the Senate Governmental Affairs
Committee. While the Conference report now states that the DCI report
will be provided to the "Congress", the report will probably have to be
sent to the above mentioned committees.
o. Defense Mapping Authority: Adopted.
p. Notice to Congress of certain transfers of defense articles and
services: Enacted into Permanent law. Same provision contained in FY86
Intelligence Authorization bill, but its duration was only one year.
q Forfeiture of Federal pension for disclosure of covert agents: Adopted.
r. Extension of Foreign Missions Act controls to unofficial entities:
Adopted. This provision would clarify the definition of "foreign mission"
in the Foreign Missions Act so as to remove any doubt that commercial
entities controlled by foreign governments can be subjected to the
controls in that Act.
s. Reduction of size of Soviet Mission to the United Nations: Adopted.
This provision would express the policy of the Congress that the number of
Soviet nationals serving at the Soviet mission to the United Nations shall
not substantially exceed the number of U.S. nationals serving at the U.S.
mission to the U.N., unless the President determines that the admission of
additional Soviets to serve at their U.N. Mission would be in the interest
of the United States. The Secretary of State is required to submit a
report to Congress every six months setting forth the number of Soviets
admitted to the U.S. for service in the Soviet Mission to the U.N.
pursuant to the Presidential determination described above.
t. Registration of Certain Foreign Agents: Adopted. This provision
amends the Foreign Agents Registration Act to require registration of
those engaged in commercial transactions who are agents of Eastern bloc
nations.
u. NSA Guard force: Deleted, on grounds that NSA has authority under
current law to retain its own guards.
v. Drug testing: Deleted, on grounds that this issue is being considered
on a government-wide basis elsewhere.
w. Nonpublication of CIA/NSA document destruction notices: Deleted, on
grounds that the current requirement for notice and public comment poses
no risk of disclosure of classified information and places no
administrative burden on CIA and NSA which is any greater than the
administrative burden placed on other government agencies generally.
Also, strong objections raised by professional historians.
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x. Helms amendment related to classified annex to SSCI report: Deleted,
because the amendment was considered by the Conferees to be "a Senate
request for a report from the Director." The deletion of the amendment
from the Conference bill does not change the fact that the classified
annex to the Senate's report on the Senate Intelligence Authorization bill
has been amended to incorporate the Helms material. The report does not
have the force and effect of law. However, we normally comply with
requests contained in the annex.
y. Helms amendment requiring intelligence report on Panama: Deleted,
because SSCI has already requested a report on Panama in the SSCI
classified annex, as amended by Helms.
3. If you have any questions regarding the Conference Report, please
contact
AttacYmnent
as stated
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OCA 86-3398
SUBJECT: Final Passage of FY87 Intelligence Authorization Bill
Distribution:
Original - OCA/Legislation
OCA/LEG
Subject File: 1987 Intell/Auth/Bill
1
- SA/DCI
1
- SA/DDCI
1
- EXDIR
1
- DDO
1
- DDI
1
- DDI/EO
1
- DDS&T
1
- DDA
1
- O/Comptroller
1
- Inspector General
1
- NIO/Global Issues
1
- D/OCA
1
- DDL/OCA
1
- Executive Registry
1
- OCA Registry
1
- DD/SA/OCA
1
- DD/HA/OCA
1
- DMP/Signer
1
- General Counsel
1
- ADGC/L&ICA
1
- ADGC/IL&SS
1
- ADGC/AL&MS
1
- ADGC/OS&PL
1
~
- D/OP
- n/n~
(8 October 1986)
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. tktober 1, 1986 aOIVG~t?SStONAL R~CO~tD -4fOUSE
' a~ome were affiliated ~vlth the vlgUan-
?' its that hate -cropped up in lkrizona
8o I wrote s letter and called and re-
~uested personally of Director Web-
ster, who had been Mind enough to call
sDe, after Z years of speaking on this
floor o0o the Judge :1Vood ease, .tor
which I was ridiculed, criticised, and
what not.
Be called me at my home in f9art An-
tonio one day, a Friday, and safd:
1 want 7ou to be the first to know Lhai the
lirfrt breakthrough in our tr~dictments of
~t ~-[ll be yeople charged with the
murder of fudge Wood will be sanouncetl.
and I wssrted you to troop first, ?sttead of
ltese, because we pve you cnedit. more'thsn
!4 other Person. for -htiviru essbled ten to
get the rsourees to rssoM the Grime.
who sere going .out, taking "ix upon
themceh?es to arrest .people they
thought were aliens, and stU] are.
Others -that they were associated
~vlth, the Aryan Brotherhood, which
ats you know from having tend In the
newspaper. -hen created quite a b1t of
dilemma for taR? enforcement agents
im the Middle West.
Whether that is Lrue or not, 1 did
not think it was any of my business in
the absence of ab6olute .verifiable in-
formation which came after the shoot-
bu death, and whfch I could see that
the municipality did not and does not
2uve the resources t>a really go into a
comprehensive review that only such
agencies as the Federal Bureau of In-
vestigation hare.
sophisttcatea. rriallnal otYanlud ele-
ment to our courrtry.
Does Lhat mean the President knows
it? No. As one vary, very Iamous figure
In the so~aIled stoDping of the French
eonnectlon fa the Northeast, meaalnB
the importation of hard drugs, -co-
caine, said:
Well, we71 soon see where we will elect ?
President who will not know that organized
gimme put biro there until he gets Lhe Dill to
DaY?
I hate to say this, but it is true. We
have put out law enforcement agents
where they cannot buck that kind of
eombinatlan. They tsmaot possibly
penetrate .it.
in toy city of Ban Antonio, which ac-
tually should not bet that kind of tep-
trtation because tt never has been a
hesdQuarters: at best it Itas been a
way station. When the French connec-
tion ,was stopped, then the broazt
heroin wes open. and tt came from Oo?
lombia and Bolivia arts through
~exlco. When when that, tfter a lot of
as got to yelling tbont it. 1t opened tip
'in Greater strength in the Caribbean
and up through 1+'iorida, where it 1s
still unstopped. We -can send all ?the
soldiers we Grant, bttt srntll .we addsa
she fundamental season Gad the pause
dot xhe remand t~ ~ eotmtry, ~antU
we tart rive our taw enior~efet
agents the power tD really uproot tfie
main brains behind !t, we will continue
to have >Ziag Crime is full -eniperof's
_ 7Phat I am saying today. 'Lhour2l, .is lobes.
ibat that crime really has not bean l[r. Speaker, i 'fetd bark ltte )bal-
~ auriy solved. Yes, wr had live f tnoe df'atY time.
ssm~ we .;sad ;bout three v~r lour
oonvlctions: but those are not the
~sovhtg sph-lta ~etttnd it x11. We talk
?ab~out Qur'binB dross. we are doing teas
now 1n turbine this multfbUlion-soltsr
ezChusse of Gluten vehicles south of
the border, coming back in the form of
~dttt8s ~thsn we were in 1D70.
Mudge laVood became a target be-
cause they considered him harsh.
rtarah. But who were the tndividuais
involved? gVere they the 'top? Well, I
Stn sure they are not, because we have
reached the point, as I said for those '2
years, where m our country crime and
criminal behatzor of the most sophisti-
cated kind is so enmeshed within the
political Gad the business-we have
businesses, banks, shopping centers,
savings Gad loans, other big corpora-
tions, insurance corporations, Lhat
have literally been taken over by the
mob: but it fs done in late 20thi:entu-
ry faShlOn.
So well that many of the people in-
4olved in the businesses do not maven
know who really controls it. i:ven naw
attr .own President, I stave never heard
;trim come out strong against organized
crime. It is now revealed what a lot of
got started in malting his Zi4 million itt " ' " In Ueu of the matter propoeed to pie in-
Hollywood, tltat it ~S !?natiled ,to be serted by the Senate amendment .trweci the
- done co because .those powerful pan- 3ollowing_
,, ,f andrums i:hat enabled him b ~beoome - 9f~at This s~ may be Nted as the ?7riteAi-
r wtUlionaire tour Mimes ?over were " penoc ,aYtharizstion Act for !?Ysca"t tear
dtnked cheek fiy fowl with the highest. aoa7?:
CONFERENCE REP08T ?tl'!f
1~1t.. +ClS9
dr. S~LTON submitted the 201-
lowitig nan2erenoe report ~tnd rlrste-
ment on the bUl CS3i. ~t759) tc~tlthor-
he appropriations for fiscal year 11187
for intelligence and .lateIli?ence-reLt-
ed activities of .the United StaLec ?(iov-
ernment, for the .Intelligeme Commu-
~ty Staff. for the Caentral intelligence
Agency Retirement and ~isabUity
System, tnd lot other purposes:
Coxrsassc[ Rsrosr CH. Rsrr. YO-952 )
The committee of conference on the dLs-
agreeing vot~ea of the two 'Houses on the
amendment of the Senate to the bill (H.R.
X759) to authorize appropriations for fiscal
year 1987 for httelligence and lntelllgence-
selated actitlties of the United States C3ov-
trnment, for -the intelligence Community
Staff, for the Central intelligence Agency
Retirement sad Disability System, and for
'other purposes, having met. after full and
Tree conference. "having agreed Lo so recom-
mend, do recommentl to their respective
Souses as follows:
"That the House recede from its disagree-
ment to Lhe amendment of Lhe Senate and
-~~ to the same .with as .amendment as
lH 8869
TITLi? I-f1V7'TLLraJr/vcE ACTtrrTras
At77/OR/LIT10M Ol APPROPRIA770NS
.Sec. IOl Funtls are hereby authorised to bt
approyrlatttllorJiscal fear ]f87Jor thr con-
!!ud of tht tnttUiprncx and tsesuipntee?re-
7ated aetirities q/ the lofloti`lnD elesun4 0l
tht Vetted State t3overnmenL?
Il/ Tht Cestsat IstelltipeneeAOeney.
t21 The Dtpa rtrtter-t Q1 DRteaae
lJ/ Tht DtJcratt Intellipener dOtncy.
~Jl The National BtcurilY Aptntyr.
tt/ The Dcpartmtnt Ql tht Army, Ott Dt-
,parlrnesl aJ t!u Naty. end Ou Department
q/ Ou /ir Fom.
!61 Tit De~o.r!#tlat 41 State
I7/ Tit aelaortvuRt gJ the ?'naiury.
f8/ The Dcpartw~est N EnerpY.
I!I TAt Federal Burrau N tnsesti0ation.
I10/ Tic Drug lalomement Ldministrn-
tion.
a~rrttn sccssntn.r ar /tmroarrArtoxs
.sec 102. ta/ Tie argora-ts.ea~iioriatdd bt
apnrvDriateR unie-stctton 201, and Oat su?
lAorized yersonwtl ceiliaps as of Septembtr
.JO, 19d7, Jos fife coldest of !ht tstellipence
.and iatelliQrnee-wlated aetitrities 41 tht sit-
e~ents lilted to efiCh ItCliOn, a+r thote eptCi-
.fisd ds tie classified ceheduk o/IutJwrtsa?
.lions prrpared .Of tht Conastitltt 41 ConJer-
?ssa to aeeeaww,f A.lt f05D of the Ninety
sixth IaouDssss. TAat Scisduic q/Authorisa-
?tioas aTta11 fK i~ads asai]atlt to tht Comrnit?
.fen .at ~OyrietioRS .A/ t!u .senate and
lintae sV.li~resestatisw Gad to fie Prsrl-
deaf. ?ttieP4rsidcat aAa!! yeonidtlor.ncita-
.ik _di+t+ibstion die tcicdulc, or Q/ aDPro-
asiate sio+l+isss M flit >dstdte, within tht
ssesrlirelrassi<
[bl ltc~eds apprgpriated to the Department
41 DAR Jbr lisoal fear 1id7 fir tnttui-
oenoe and istetii0ence-mated setivitia and
Listed aeaoder the isastwp ;/aaerosut araern-
e~tseososarn/crw~s"iw ~sschedtilc
siT ~YoRsabions in sitioA erisectioa lal
aklbrs afiQII !s considered to Mc areciAosllf
a~wriud Df the Gbnpress Jo- s+eeh entiM-
ties fir "JntirP~+ d sxtios 502 0/ the Na-
lEonat'3ece*!if fief ~if/7, solr>ltlrstasatnp
ore +eisesce ~/ ea~0roeiestioru at/?epDrvpria-
lions yrorarsa ~aClttfsln is'olfs set.
~eseiaaL csssv esvaer~rrs
arc th. libs atreator N ~rarrt l+ttefti-
>~ ~ ~e t of ciattian
R->~sst is sectiss q/ the ss~stiers sxOwr-
9zed for Jlaosf bear 1lt7 s;sder sectione 202
Gad 202 d /sit 1st ages we d+eorrmtnes that
+tieb ~ is b+Ne~rlormanoe
41'iASpeltartf tsteTlifesec Jtinctions, tseepl
sueA nuurs0er w-af snot, Jbr any Fitment
Ql the huelliyeset?Cbnewiutttty. tagged !per
?oentum of the mniber tit eirUian pcrsonntl
authorised under such sections Jor such tl~~-
~nent- The Director o7 Central Intelli0tnce
shall promptly wott/v Ore Permanent Btl8cc. ?sib. !lpprvpriattosa suOwrired ey
thin Act roc itlter'lSeseJfts ybr federal tf~ploftes cony be
'triCrtOYetl ~'fflCh add{tinnal OT Sftppltmtn-
~tai wrno~nrts .m "wrsY ~ weoersarf ,Jbr fn-
?ereasea m sxch ?co~pensatios w'tienr,/tts asc-
+lhorteett'Eyrta~e.
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H 8870 CONGRESSIOI`'AL RECORD -HOUSE
RESTRICTION' Oh' aIiPPORT IOR NILlTAR )' OR
PARAMILITARY OPERATIONS !N NICARAOL'A
SEC. 106. Funds available to t/u Central
InteU~prnn Aperzcy. the Departmtnf QI De-
1P7LSP, Or any Othe1 aptncy Of entity 4/ tlzt
Unffed Statu intwived in tntelltprnee ac-
hr?fhcs may Oe oDlipnkd and upended
during fiscal year 1987 to provide funds,
materiel, or other asatatance to flu Niearo-
puan derrtocrnnc nsiatanee to support mtli-
lary or paramilitary operations {n Nicara-
gua only ns authorized in action 101 and as
speethed in l/te elaas{fud Schedule o! Au-
lhorizations rcJe~rred to in action J02, or
pursuan/ to action 502 41 the National Se-
curityAct Ql J917, or pursuant to any protri-
sion of talc +pecilically providing such
funds, materiel, or aasulance
RESTRICTION ON INTELCJGENCI AGENCY
COOPIRATION A7Tr/ SOC77T/ ArRlCA
SEC. 107. No agency or entity elf the United
States involved to inlellipence aetirittes
may tnpapt in any form Qf cooperation,
direct or indirect with the Government of
South Africa, eseept actitritita which an
reasonably designed to lacilitale the co~lec-
tion o! necessary InleUipence. It is the policy
q/ the United Statu that no agency or entity
Q/ the United Statu involved to inteUiptnee
activities may provide any inteUipenee in-
Jormntion to the Government 4f South
Africa which pertains to a South South AJri-
ean internal opposition group, motxrrunt
organization, or indit+fdual Any change in
such policy, or the proris{on 4/ intellipentx
in/ormation contrary to such policy, shall
br considered a sfpni,ficant anticipated in-
teUigenee activity Jor purposes of section
S01 e1! the National Security Act elf 1947.
TITLE II-INTELLIGENCE COMMUNITY
STAFF
Atrr1-oRrrfnoN oraPPROPR1Anoxs
Sec. 201. Then is authorized to be appr+o-
prialed Jor the Intelligence Community
at4/1 !or fiscal year 1987 the rum Q/
i22, 000, 000.
AATHORIZATIGN Or PLRSONNEL J;ND-ST7t81VatfJ
SEC. 202. Ia/ The Intelligence Community
St411 is authorized taw hundred thirty seven
Jv11-time personnel as o! September 30, 1987.
Such personnel of the Intdlipenee Commu-
nity Staff may be permanent employees ctf
the Inkllipence Community St4ff or person-
nel detailed Jrom other tlementa N the
United Slates Government
Ib/ During Iiseal year 1987, personnel 01
the Intelligence Community Staff shall be se?
kcted ao as to provide appropriale represen-
tation tram elements of the United States
Government tnpaged in intelligence and in-
tellipence?relcted actizities.
tc/ During fiscal year 1987, any ofJzcer or
employee of the United States or a member
of the Armed Forces who is detailed to the
InleIlipenee Community Stgfflrom another
element of the United States Government
shall be detailed on a reimbursable basis,
escrpt that any such officer, employee, or
member may be detailed on a nonreimbursa-
DZe basis for a period of less than one year
Jor the performance of temporary Junctions
as required Dy the Director of Central lntel-
Iipence.
INTELLIGENCE COMMUNITY STAFf ADYlNISTERED
/N atME MAN/1ER AS CENTRAL INTELLIGENCE
AGENCY
SEC. 203. During fiscal year 1987, activi-
ties and personnel q/ the Intelligence Com-
munity St4/.I shall be subject to the provi-
sions elf the National Security Act of 1847
I50 U.S.C. !01 et seq.l and the Central Inlel-
lipence Agency Act of 1949 I50 U.S.C. 103a et
seq.l in the same manner os aatit~ities and
personnel o-/ the Central InleUipence Agency.
TITLE Ill-CENTRAL 1NTELLIGENCE
AGENCY RETIREMENT AND RELATED
JtATTERS
AIflNOR2ATION Or APPROPRIATIONS
SEC. JOI. Then u authorised to be appro-
priated Jor the Cenral lnteilipenee Agency
Retinment and Disability Fund Jor Jtseal
year 1987 the sum of 8125,800.000.
SC7? Vlt'OR BENEFTIS roR CERTAIN rORAfER
aPOtrsES or clA EMPLOraes
SEC. J02. la/ Part C o! title Il o! t/zt C~n?
tml 1nkUipenee Agency Retirement Act of
1961 for Certain Employees u amended by
adding at the end thcnoJ the Jollotvinp new
section?
'YURVIVOR EENElTfS roR CERTAIN OTHER
roRSrER aPOtrsEs
SEC. t21. lalll/ Any individual who vxia a
loaner apowe eIJ n participant or Joann
participant on November JS, 1982, shall Ot
entitled to the latent o1 atxiilabk appro-
priations, and tieept to the utent loch
loaner apowe is disqualified under subsec-
lion Ibl, to a surtiovor annuity epos! to 55
per eentum t;f tlu pnater oJ-
"IA/ the J'ul! amount of the participant's
or loaner participant's annuity, as comput-
ed under stctiori 221/al; or
"IBl lheluU amount oJwhat such annuity
as so computed would De U the participant
orlormn participant had not withdraurz a
lump-sum portion of conMDutiona made
ncith respect to such annuity.
"It/ A survivor annuity payable under this
section shall De reduced by an amount equal
to the amount ql retinmerzt benefits. not in-
cluding berretta under title Il 4/ t/te Social
Security Act, received by the former apowe
ttrhich an aUribulabk to prrviow employ-
ment of such loaner apowe by the United
Stales.
"Ibl A former spouse shall not be entitled
to a survitwr annuity under this section i/
"Ill an election has been made with re-
spect to such loaner apowe tinder xenon
22J;
"t2/ thelormer spouse remarries before ape
Nip-lit+e; or
"13/ the Joann spowe is leas than Jtlly
years olape.
"IC/11/ The entitlement of a loaner spowe
to a survivor annuity under this xetion-
"IA/ ittall commenCe-
`Ii/ In the ewse of a loaner apowe of a par-
ticipanl or Jornur participant who le de-
ceaaed w of the eJlective date q1 this section,
beginning on the inter ol-
'YII The aistieth day afkr such date; or
"III/ the date such former apowe reaches
agel`illY; and
"tit/ in the case of any other loaner
apowe, beginning on the latest oJ-
"t1/ the date that the participant or
loaner participant to whom the former
spowe was married dies;
"ell/ the airtieth day q,~ter the effective
date of this section. or
"IIIU the date such loaner apowe reaches
ape fifty,' and
"IB/ shall terminate on the last day of the
month 6efon the loaner apowe'a deaUt or
remarriage before attaining ape Jiftyliz:e
"12ItA/ A survivor annuity under this aec-
tion shalt not be payable unless appropriate
written application is provided to the Dine?
tor, complete t[ith any supporting documen?
tartan which the Director may by regulation
require, within thirty months after the eJlec-
titx date o1 this section
"IB/ Upon approval olan application pro-
vided under aubparapraph IAI, the appropri-
ate survivor annuity shall be payable to the
former apowe tcith respect to all periods
beJon such approval during which the
former spowe axis entitled to such annuity
ender this section, but {n no event shall a
survivor annuity be payable under this aee-
October 1, J986
lion frith aspect to any period btJorr the e.!-
Jectioe date o! thu section.
"Id/ The Director Mall-
"tl/ as soon as possible, but not later than
atrty days otter the eJJecttre dale Q/ this xe?
lion, issue sucA rcpulatioru as may be acres
sary to carry out this section,- and
"t2/ to Uzt maximum tttcrzt pract:cab)r.
and as soon as possible. inform eacA lndr
vtdunl who axis n former apowe 41 a perftci-
pant or Jormtr participant on November 1S.
1982. N any rights fchich such indzt?idunl
may hark under lhu xenon':
Ib/ Section Il/nr o! the Central fnklli-
penct Agency Act of 1819 ISO U.S.C. fOJn/al1
is amended by inserting "t71," alter "t22,
t23,':
Ic/ For Jiaca/ year 1187, not to ueeed
8500,000 shall bt available from amoun4
appropriated under the authority of section
IOI11/ of this Act Jor survitwr annvittei
under section tt1 0! the Central Inttllipe'rtee
Agency Retinment Acf of 1961 Jor Certain
Employees and under the amendment made'
by subsection 161 Qf thts xction_
Ib/ The amendments made by this section
shall lake S/Ject oa October 1, 1986.
RZALTN PENIrllS roR CGtTAIN roRJfIR arouaES'
or e'xNrRAt rxrrtl.IOSNrs AaeNCr mLOrers
SsG J03. /a/ The C.lentr0l Inttlltgtnct
Aptncy Act R/ 1919 u amended by addtnp at
the end a new section as lotlouu.?
'ytEALrx arENEms roR afaranv roRrER
sPOUSES or crNrRAt a'rtLLraENCE AarNCr
tsrPtoYEEs
'ate. 16. Ia/ 1Cxcepl as Drovided in subsec-
tion /cllll, any individual-
"II/ formerly married to an employee or
former employee c11 the Agency. foliose mar?
nape was dissolved by divor+ee or annulment
be,/ore May 7, 1985;
"It/ who, at any time during the tiphfern-
montR period before the divorce or annul?
meal became fEnal. foes eovtr+ed tinder a
health beruists plan as a member cal the
family of such employee or former employee,.
and
"I31 who rasa married to such nnptoyte
!or not less than ten years during periods o!
service by such employee with the Apentcy, at
least Jitx years Qf urhieh torn spent Outside
the vatted states by both the employe and
the loaner apowe,
is eligible !or coverage under a Maly beru?
fits plan {n accordance with Ole prot+isioru
Q/thu section.
"Ib/tl/ Any individual eligible Jor cotxr-
ape under subsection la/ may enroll in a
health Denefita plan Jor xU alone or Jor set'
and family U, be:fon the espiralion Rl the
s'Lr-month period beginning on the eJfectit~e
date 4/ Chia section, and in accordance u?itA
such procedures as the Dimtor o! the Office
o! Personnel Janagement shall be nputa?
lion prescribe, ouch individual-
"IA/ tiles an election Jor such enrollment
and
"fB/ arranpea to pay currently into the
Employees Health Benefits Fund vndcr sec-
tion 8909 of title 5, United Slates 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 glbenefita.
"t2/ The Director of Central InkIligenee
shall, as soon as possible, take al! steps ptac-
ticabk-
"IA/ to determine the Identity and current
address of each former spowe eligible Jor
eovtrape under subsection /al; and
"IB/ to notify each such former spouse o.I
that individual's rights under this section
"IJ/ The Dinetor et/ the Office of Peraon?
eel Management, upon notification Dy the
Director el! Central InleU{genee, shall wnit+e
^
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Oictober 1. 1986 C01~'GRESSIONAL RECORD -HOUSE
tlir ns-month ltmitatiow sef forth in fa*a
graph ll/ in any case to t+hich stet Dtnclor
Q/ Central Intellipewce detrrminrs that the
etrrumstances so ts~armnt
"IClr1/ Any former sp~ousr toAo reraarrin
Melon ape ftftyItvr b twt eligible to make
sn election ttndrrsa~barction ID/Ill.
"I2/ Iny Ja-mc+ spvusr enrolled do a
hrolth benefits plan pwsuant to an election
strider ssbaection Ibl~ll stay eanttnue thf
ewroRtatat tendr+ flit rondttiona or elipibi!-
uy ohicb the Director a! tlu .OJhee o! Per?
sonnet yanagrwie~tt shad by.sr~titation pn-
scribe, azeept >T11at trig forrne- spouse aoho
fentarrtss bAwr ape Jly aabicb 8iergint q/ter slit daLr a/enacl-
mrnt QJ this Act aosdYrivod ~y fhe Federal
Bunst alFsesatiPadon 1br>rw,pnsa speci-
fied ii: psrYi/rapA A/Ill t1f section l11t1 of
title S, iisittA[ Slates l'Jode.
rrtust>~asrr paTSttslon azf noo irmrolvrr ro
IAit tROL~iDt l80Y ~9twrlZZtlNaflJOiNCt
OPERATIONS
-Src. 103. Id Ohaptet d 4! tick iQ United
Ststes Code, ss asluuded by section d of icl ql
this Act, u JYrtlur smtnded bs' adding at the
end lleereol the Jotloteinp wwas asetiisw:
Ylfpb. AatMrit/ b ssr>rseeeds lrrse tsawtrrtw-
1t114rwrr Nrrr~s eltlk sd/iArry lgerewrcwb
"la/ TJu Secretary QT Defense stay author-
ttt, toithOUt regard t0 th[.pr1DViJ'EOai.of sec-
tion 1302 Qf title 17, United States Code, mse
41 protteds from t:ounttriiritBliPence .oper-
ations conducted bfr components N the mili-
tary departments Yo pJJset sseeasary and
reasonable expenses, not othsioisepno7libit-
ed'b7r last, incurred in such tlperdtioru, and
b make exceptional performance awards to
pert+onttel intwIt+ed in such operation; tl we
4/ appropriaod funds to meet such trperises
or to make such aaonrds ujould sot be practi-
cable.
`Ib/ As soon as flee net proceeds from such
counterintelligence operations an ao loriper
necessary for the conduct 41 .those ogee
assures, such proceeds shall be deposited into
the Treasury as miscellaneous recetpb.
"/e/ The Secretary of Defense shall estab-
lish policies and proctdurd to Doran acpui?
sition, use, management, and disposition o./
proceeds from munterintelltpenee o~er-
ations conducted by components of the mili-
tary departments, incIudinp ellective inter-
nal systems of accounting and adminiatrn-
tivt Iron troIa. ?.
Ib/ The table of contents Jor chapter 1 of
title 10, United Stag Code, as amended try
Section 401 rd/ 01 this Act, is further amend-
ed by adding at the rnd thereof the JoAotr-
inp.
"140b. Authority to use proceeds from coun-
ortellipenee .operations of the
military departments.':
ltDLRAL BL7tEAV-OF fNVS5TI0ATlON 000MERlN-
7SLLIGENCt ACC6CS TO T/NANCNIL RECORDS OI
AoaNrs or roRCION PowaR
Sac. 104. Section Iil~la/ of the Right do
Financial Privacy Act of 1978 112 U.S.C.
J414ra11 is amended by adding at the end
theno! the JOIZOUK1ep'netr paragraph.'
'YSJIA/ Financial institutions, and oJli-
etn, employees, -end agents thereof, sAa1!
comply with a .nequesl fur a eaatomer's or
A 8871
rntitys financial +erords wiadr psrsuant to
Nts stbaeotion by lhr Federal Bvnat of In-
txsttpattow tv/ttn tAt Director W the Federal
Bureau al ltttxstipst*on for t!-r DineWr's
deaipnrr- etrtiftea tw tnrittnD to the ftnan-
ciai tnstitYtion that sticA records an sorpht
Jor foreign counterintrtliprwcr pYrposu and
that them an iptexhc and srtieulablr Jocts
glIItnp nC6JOn tD Oelsrtt that the custowttr Or
entity sohosr rernrds srr sought L a Jompn
power or an spent a1 a foreign youxr as dr?
jintd in section ]01 4f the Fonigw latelli?
pence Sfrrorillanee Ice 4/ 1978 150 U.S.C.
Jd07/.
"IBI The Ftdtr'ol Sense Q/ In?tstipation
may disseminate iNorniatton oblatned pu+?
suant'to this parnOraPA ~y as prodded to
guidelines approned by the Ittorney Central
for foreign iattllipesae collection and for-
sign munterislellipener tisseslipation con-
ducted by stet Federal isnau QJ lnvestipn?
lion, and, tsltA metpect Se iisaewiinatton to
an agency 4I Iht United slates, only U such
i7yforwtaCiDa >U elssr>b 1wYensnt 10 flit at-
thonzed te~ontibitibiss a/saech agency.
"ICI flw a aewaassac7 testis the Attorney
General s7tau JYJIS iY~lor'in 9u Permanrnt
Select t]bmwtitlee s>te lnttitipentt of the
Howe of liepresewbatroas senQ the Seleel
Committee on ?ntethpettee Qf the Srnatr con-
cerning su tegtitsb nude pursuant to this
paragraph.
"fD/ No financial 3nstitYtion, m aJJicer,
employee, or apest olssich aiautitution, Thal!
disclose to say yersas flat 11u Federal
Bureau a ~nseatiyatioa Asa lawipAt cr ob-
taiaed access b a aYStotne-% M 6atity% Jy-
nanotal seeords nndtr tiffs psrgpgpii ':
TITLE Y-AB~Y~E 1R17'HORI-
;TIES ltELJITING ?'G f1VTELL/Cs?l-CL
PIRSOlY}VEL
DlrlNSt DVaLIfO~116sM.4QS'~.tiM
~/lJL>t'tICDA,lfaM ti~~l
Sec. 501. 9Y'bsecltow 1605Ia1 N tint !0.
United State Cods, is~+rtendeQ by insefTEwp
`. f51` ai7rr ~parnpraphs 121. -Rl, I11` and
alter "IZZ vs.~ IOR1 nJ, r~J,11r:
OIiQ ~Ar rZJ7'AallOiN Aut$11fSt rrrr.. ,.~~t
aaar+crarrcnt asawurroN.asrrsoitm'
Srrc i0i. PsrsQrs~it td01/tX11 ty tide 10,
stalled States Cbde, it ~rneetdad ily~strittinp
'Yiseal ~>a ?9d5 sad liBi" antd ieserting
to ties theneoJ '75scat !lass .~1?G+swQ /i/i7'
ACC[PTANCL ?OI DIilC10N OI CdN7RAL 1N7II1.1-
aa!vct l WAR11T DY YIIJTARY 1Na11JOrNC2
Pafi.SONN6L
6ac. 503. Sectioa 102 Rf 1At lntrltfprnee
Iuthorization Act for Fiscal rear .19d1
tPubfic Late 98-2151 is amended by addtnp
at the rnd thereof the Jollottnnp.?
"ICl During J4ar'al pear 1987, the Director
of Central Intelliptncx may e=ereisr the au-
thority grunted in section 1503x2/ of tiRr 5,
United States Coda, frith respect to members
of the Armed Forces yvho are acsigmd to ~or-
eign intelliprntt duties at the hmt 41 the
conduct ~ohich gives rise .to the tsercise qJ
such authority.
"Id/ An award made by .the Direelor of
Central Intelliprntt to an employer ar
member o! 111e Armed Forces under the au-
thosity Qf section X503 Q/ title S. United
States Code, 4/ this suction may br paid and
accepted noturithatanding-
'v1/section 55J6 M title 5, United Slats
Lbde,? and
"12/ the death, separation, orretinmrnt of
the employee or the member a/ the Armed
Form Cohost eondYCt patx rise to the
award. or-the assignment of such member to
duties other than Jor+cipn srlrllipenee
duties.':
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H 8872 COtiGRESSIOiV'AL RECORD -HOUSE October 1, 19b6'
lrex,aGFaIC.~TOFC/PIU~hUT[LLIGENCf ??l2/ Ary krmmafton of tmployrrunt to the crfrnt that appr'op-salyd lands a..
-Erisox.,u or nit ruJTARY DEPARTMLA'T, undrr thu subsection shall not glcret ihr ar~ailaDlc Jor such purpose.
$f(-. 500. ta/ Chapkr l1 of title l0, Unrlyd right oil the gJftcer or tmployee intwttKd to "tdlrJ/ To bt rhpiblr Jor asarDnment undrr
Stairs Code. iJ amended Dy addinp a1 the trek or accept employment rich any o[her suDsecfron /Ol, an tmployrr o./ the Aprncy
end lhrreol the Jo11ou?inp nrtr srchon department or a0cncy of the Unifrd Sfaln t/ thus( spree to u?rihnp-
bI590. Msnas+rwrrat a/ ririlion 1~trlliyenrr per- he u declared eh piDle Jor such employrrunt 'YA/ to continue fn flit strricr of lhr
sonny/ s/tAr wilitary 4prtwrntr 6y the Drnctor of l)rc Ollicr of Personnel Aprncy Jor Gtr period qJ the asarpnmrnt and
?ICi Thr Secretary o/ Delcnsr moy. with- Management to complctr the tducafionai coo?r 4/ Ira;n
out troard to the prvr?ttiona oJnny other inv "/3i Thr Secretary o-!Defense racy dclegctc inpJor whicA the tmployee to aasipnrd.
relatrng to the number, classilrcation. or authority under this subsection only to ,'he ?'tB/ to continue in the sen?ue o-! the
compensation oJemptoyees- Deputy Secretary oJDcfrnse or the Srcrrtcry Aprncy Jollou'inp comple'tron O! itte as~;pr,.
"ell etlabiish such positrons Jor cirit;an concerned or Doty An action to trrminatr went Jor a period of one-and-a-hat/ yea? Jor
intrl/igrncr olltcr? and employers of the any cirilran intelligence oJhcrr or tmployee each year of the assipnmcnl or part therco.`
military departmen4 as may br necessary to of a military department Dy either such oJJ:- ?'/C/ Lo reimbu?e the United Stalro Jor lhr
carry out the intellrpenet Junctions aJ such n'r shall br appealable to the Stcrctary q1 total cost of education ftrciudinp the em?
depa amrnla: Dt/rnse.': pioyee's pav and allou+ancw/ protYded
ppoint tndiriduals to ouch positions: fD/ The table qJ sections at the 6epinninp under this section to tht? employer (/, prior
and 41 chapter dl Ql (lilt 10, United States Code to the employer ~ eomplttinp the education~
"I3/ Ju the cornprnaation of such indirid- to amended Dy addinp at flu end thereof the al course of training Jor which the tmployee
watt Jor terrier in such positions. Jotlottinp Rene item.' l assigned, the auipnmrnt o, lht employ~
'Yb/ The' Secretary of DS/rnsr shall, subject ??1590. Manapemrnt 41 tritilian inteUipenee to i employmrnt uKth the Aprncy L krmi?
to subsection Icl, J9r the rata of basic pay Rakd tither
Jor positions estabtiahed under subsection pe?onnel of the military de- try the Agency due to mitcon-
/a/ to rrlalion to the rata of basic pay pro- partmrnta.': duel by the employee or by the employer rol-
untarily: and
tided to the Catritral Schedule under section Icl The Secretary Ql Dt/ense tliall conduct "ID/ to reimburse the United Stntts {/.
5332 of tills S Jor positions subject to such a comprehrruive rrvietr and (valuation o1 a?Ilcr completing the tducattonal eou?e of
Schedule whicA hatx correapondinp letxlt oI the implrmrntation qJ Section 1590 of title training Jor which the tmployee it ass{prod,
duties and responsibilities. Ercepf in the l0, United Statu Code and shall report the employee i employment rich t1u Agency
plovee oJa milita sRlelliprr+~ oJJicrr or tm- thereon to the Congress no later than Match {s krminated tither by flu Aprncy dot to
ry sIepartmrnt tertrinp as a 1, 1989. SucA report shall- misconduct DY lht employer or Dy flu tm-
memDcr of llu Senior Esceutitx Serriee o! a Ill ducribe the trtrnl to which the Mvfl- ployee toluntarily. prior to Uit empfoyec's
military deparirrunt, Ro cirilian inteUr? tan inleUiprnct pt?onnel management ays- completion 4/ the serniet obligation period
pence oJfietr or employee of n military dr- terns utaDliahed under Section 7590 of titre described in subparagraph /Bl, in an
partmtnt may bt paid basic pav at a rate in 10 have improtred acquisition and retention amount that bta? the same ratio to the
ereess of the hipherl rats t~f basic pnY pay- 4/ cirilinn intelligence personnel Dv the total cost 4/ the education /trcludinp the
able under such Catrtr-al Schedule. military dtparimrnts,? employee i paY and nllou+ances/ ptorided to
Icl Tlu Stcrctary Q/ Dtlrnse is author- li/ ducribt the tkmrntt Q/ unUormity t!u tmployee at the unstrved portion qJ the
to adopt sueRntproeisions o such4 tilt at no- among the cittilian inteUiprnee pt?onnel service obligation period ducr[bed in sub-
J p management systems utablished under Sec- paragraph IB/ Dta? to the total period qJ
tidy Jor prrnaitinp rate systrnu of basic pny lion 1590 4! title 10,-
and to apply sarcA provitioria to positions IJ/ describe the ekmtntt ~ service Obligation ducribed to strbpara-
Jor cittiltan {n~ipM~ gfJice? or employ- 4/ dit~tssitY graph /Bl.
to in or under sohich the military depart- among the Mtrilian inttlIipenee pe?onnel l2/ Subjtet to paragraph /Jl, (lit obtiga?
mrnts niav employ indiriduals ducribed by management syattma utablishtd under Sec? lion to reimbu?e the United Statu under
section SJI2/allillA/ of such title. lion 1590 q/ title 10, and explain the need an apretmtrtt ducribed in paragraph /Il, in-
'vd/ In addition to the basic pav payable Jor cacti ditxrsity based on d{ffemicea in the eluding tntrnut dux on tuck obligation, u
under subsection /bI, citrilian inttllipenee intelligence nerds or missions qJ the mill- Jor all purpose a debt owing t1u Uaikd
oJlictrt and employees 4/ the military dt? tary departmrnta; Slates.
pnrimrnts sotto are citizens or national of I*I desrnbe the meanslor one?tpht within 'f3llA/ A diacharpr in banknrptcy under
the United States end Soho arc stationed the OJltcr q! the Secretary qJ De%nst and tttlr 11. United states LbdG shall Rot release
outside the continental United States or in each 41 ~ military departments Jor tnsur? a person from an obligation to mmbu?r
Alaska may bt paid aUotoancu, {n a~O~- inp consistent application of repulattons, di? ~ Uniltd State ttquirtd under an aprre?
ante uKlh rrpulations prescribed by the Sec- rectivea, and puidelinea which implement meat described !n pasagraph fl/ U the final
retary aj Detente, Rot {R eicua of an allouti ~ authority granted under Section 1590 01 decree Q/ the dueharge in bankruptcy it
ante aufhoriud to be title 10;
paid Dv section IS/ contain recommendations Jos any kp- ~~ within Jitx yta? glter the fast day Ol
5941 /a/ of tick S jot emplOyeu whose rata Native changes the Secretary of DeJerue ~ ~~~ ~~ ~ xrm~ obltpation
Qt basic paY arcl4red by statute. Such aUorn? may deem appnapriate; and described in sttbparaprapht fA/ and /B/ N
antes shall br based on- I6/ include such other matters as the Sec? ~~~~ 117?
..e1/ litnnp costs substantially higher than 'IB/ The Secretary 4/De/rnat may rekasr
in the District NCoturnbi4' retary olDefenae may deem apPr+opr-iale a person, in thole or to part, from the oDli?
"12/ conditions 4l rnvironment which ~noN~ sECURm'saeNCt-scpc~stno~ of potion to reimbu?e the United States under
differ substantially Jrorn eonditiona of rnai- cs/nr,r sartla an agreement described in paragraph 111
ronmenl in the eontinrntal United States Sec. SOS. The National Security Agency when, in hit diacrelwn, the Secretary deter-
and warrant an allowance as a recruitment Act of 1959 ISO U.S.C. I02 Hole/ l amended mines that equity or the inleruta ql t!u
incentive: or by adding at the end LhereoJ flu Jottot[7np United State so require.
"l3/ both of the Jacto? described in pets- section.- "IC/ The Secretary o! Defense shall
graphs rl/ and 121. "Sac. 16. ea/ The u ptrmil
?re/r!/ Notrrithstandin an other p rpose of this section is an tmployee assigned undrr this section
p y prori? to esteblish an undergraduate training pro- who, prior to eommeneinp a second acadcm-
non of lair, t/u Secretary of Defense may, p*am, which may Lead to the baccalaureate is year of such assignment, rolunlarUy kr-
dunng Jiscnl year 1987, terminate the em- degree, to facilitate the recruitment of indi- mingles the assignment or the tmployce'a
ploymcnl of any ciri.iian intelligence officer riduals. particularly minority high school employment tcith the Agency, to satizly his
or employee qj a military department whrn- students- with a demonstrated capability to o6lipation under an agreement described to
ever he considers that action to De {n the in- develop skills critical to the mission 4/ the paragraph l1/ to rtimbu?e the United
krests of the United States and he deter- National Security Apencv. incltcding mathe- States by mmbu?ement according to a
mines that the procedures prescribed in matics, computer science, rngineering, and schedule o! monthly payments u^hich results
other prorisions qJ late that authorize the foreign languages. in completion of reimbu?e~rrunt by a date
krmination 4l the employment of such ofJ~- '?Ib/ The Secretary of Defense is author- Jive yea?
ter or employeY cannot bt invoked in a iced in his discretion, to assi Neer the date of krmrnation of
manner consistent teilh the national aecuri- per cit?ilian em? the assignment or employment or earlier at
ployees of the National Security Agency as the option of the tmployee.
tY? The decision( Ql flu Secretary under this students at accredited prq/esaional, kchni- "lelll/ When an employee it assigned
paragraph are ftRa1 and may not be ap- cal, and other institutions of higher learn- under this section to an institution, the
pealed or rerierord outside the Department inp jot training at the undergraduate level Agency shall disclose to the institution to
of Detente. The Stcrctary of Defense shall in skills critical to tlJectitx performance of which the employee !a assigned that the
promptly notify flu Ptr~nanent Select Com- the mission oJtheApeney. Agency employs flu employ(( and that the
mittee on InleUiptnct of the Xouse of Repre- '?IC/ The National Security Agency may Agency funds the employee a education.
srntatirea and the Select Committee on In- pay, directly or by reimbu?ement to em- l2/ Agency r,/forta to rrcruil individuals at
klligenee 47th( Senate whenever Chia termi? ployees, tspensea inMdent to assipnmtntt educational institutions for participation
nation authority l trerrised. under subsection !b/, in any fiscal year only in the andergraduatr lrainin
p program es-
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? October 1, 1986 CONGRESSIO!~AL RECORD -HOUSE
lnDtished Dy /tits section shall Dr made
openly and accordlnp tt the common prac-
tices oI unrrcrsrirrs and employers rrcruit-
tnp al such rnstrluhons
"t17 CAaptcr 41 of hilt S and subacctions
Inv and /br o/section JJ?I o-tittle Jl. UniMd
States Codc. steal! not apply /mite nspecf to
thtc archon.
"IDs Thf Secretary of Dc?ICnsc may issue
such reputations as may be necessary to im-
plemcnf th[s section. ".
CEATAA[ IATEIlIGENL'L AG?NC)~ ACQ[tIS?/OA~ OF
Ck?/CAL BRILLS
SLC. 506. Pursuant to llLC aulhonty grant-
ed }n xctron 8 of the Genital Intelltgtnce
Agency Act o/ 1949 /SO U.S.C. IOTiI, the Di-
reclor oI Central Intellepence shall establish
an undcrgmduate train}rep program rcith re?
sped to crtnltan employers of the Central In-
lelhgenee ADCncy a}mil?r in purpose. condi-
tions. content. and administraflon to the
prripMm V'hrch Lhr Secretary OJ Delrnsc u
authorised to esfabluh trader section 16 of
the National Securely Acl of 1959 ISO U.S.C.
402 note/ Jor civit[an employees o/ the Na-
honal Securely Aprncy.
REPORT OA' IATE(1JGLN.^E PERSOA'A'EL SYSTEMS
SEC. 507. Not later than Januan.' 3, 1987,
llte Secretary of Defense and the Director of
Central Intelltprnee shall submit jointly to
tlu Congress an unclassified report deacriD-
ing the elrillan personnel systrnu !or o.7f~-
otrs and employees a-t the CrntrL11 lntelli-
Drncc Aprnru. the National Security Agency,
and /lie' Defense IntrUlgcnce Agency, and the
personnel systems Jor oftrce'rs and employees
estaDluhed under seet}on 1590 4/ title 10,
United Stales Codc. as added by section 504,
Jor cirnlian inteUrpenee personnel of the
rnililary departments. The report shall in?
etude descnptrona oJ-
117 hov inch such intelligrnee personne!
system di/Iera from the eompetitirY service
and from each other such system,-
127 the specilu Jeatilrrs 41 eacA such per-
. sonnet system Lo truant compliance unite the
rr[e'rit system principles set forth in section
2101 of t:Ur S. United States Code:
137 any Jeaturna o1 cornpensatron linclud-
inD bonwea and au+ards/ unique to such per-
sonnel system.
14/ authonltes to take actions /including
p}r number of such actions/ through employ-
rrunf termination provisions which do not
permit appeals outside the agency; and
/SI any recruitment or retention problems
er[sting rcith:n such system.
TITLE L'I-MISCELLANEOUS
DEFENSE YAPPING AGENC}? EXCHANGE
AGkEEMEATS
SEC 601. la/ ChaptI7167 of title 10, United
States code. is amended by adding at the
end tlureo.f the Jollou-[ng race- section:
"R 2; 95 Errhanp/ n/ wagging. rAarting, and 1Po-
Irhr rato a?ifh /orrfpn nrntrirr and lntrrnatinn-
a/ oryan::ahont
"The Secretary of Dc--tense may authorize
the DrfFr[Se Mapping Agcncb to esehange or
furnish mapping, charting, and geodetic
data. suppl:cs and sen?ices to a Jorcign
eount~/ or international organi.:ation pur?
suant to nn agreement Jor the production. or
uchangc of such data '.
Ib ~ ThE table of contras of chapter 167 of
title 70, t%nited States Codc, is amended by
adding at the end thereof:
"2795. Erchangc of mapping, charting, and
geodetic data with foreign
countries and international or-
panuatrons. ".
NOTICE TO CONGRESS OF CERTAIN TRANSFERS OI
DEFEA'SE ARTICLES AND DEfENSE SERVICES
SEC 602. la/ Title V or the National Secu-
rity Act 011947, relating to accountability
Jor intelligence aclirities, is amended by
addrnp at the end thereo-/ the Jollou+ing:
"None/ ro coNGRES,~ of cERr,IrN rI[AxsfERs
Ol DtFtNSE ART/CY.LS AND DEFENSE SER }'1CLS
"SEC. 503. Inlll/ The transfer q- a de.fenac
article or deJrnsc sen'rcc tscerdtnp
11.000,000 in t+alue by an inletlrgrnee aprncy
to a renpienl outside that agency shall be
eonsidtred o npnLheant anticipated intdh-
penee aelit'ity Jor the purpose of srrtion 501
4/ /tits AcL
"/27 Paragraph Ill does not aPPly tt-
"lA/ the trans/er u being made to c dc-
partmtnt, agency. or othr* entity o.f Ne
United States ho long as /lure v'ili not be a
subsequent retransfcr o! the dcrenae artrcles
or dtlnue strvtees outside the United States
Oor~errlment in conjunction u7th an intelli?
pence or intellipenee-related actittity!: or
"IB/ the hansler-
"li/ u be'fnp made pursuant to authorities
rnntained in part !I of the Fbrripn Assist-
ance Act of 1861, the Arms Export Control
Ae[, title !0 of the United Stales Coda lin-
eludinp a lay enacted pursuant to section
73 0 7 /61111 of tha! litlel, or the Feder?l Prop-
erly and Administrative Serriees Act of
1949, and
"lit/ u not bring made in con-iunclion
tcith an intcUlgLytce or intelligence-related
activity.
"IJI An intelliprnee agency may not trans-
Jer any defense articles or detense services
outside the agency in eottjunction with any
inteUigenee or inteUipenee-related actitYty
Jor >tohieh Jun~? were denied by the Con-
gress.
"Ib/ As wed in this aection-
"Il/ the term tinteUipcnee agency' means
any department, agency, or other entity ttJ
the United States involved in inteUipenee or
intellipenee-related actiritiea:
"III the terms 'defense artielea' and 'de-
Jenac services' mean t/u items on tlu United
States Munitions List pursuant to section 38
of the Arms Export Control Act 122 CFR part
1211;
"l3/ the term 'trat[sjer' means-
"IA/ in the erase o.I defense articles, tltc
tmns/er of possession of those article; and
"IB/ in the case o1 defense sentices, the
provision of those sentiees; and
"l4/ the term 'value' means-
'?/AI in the cose qJ de--tense articles. .the
greater o-f-
"li/ the original acquisition coat to the
United Stntea Governtnent, plw the cost of
improvements or other modifications made
by or on behalf o./ the Gor+ernment.? or
"Iii/ the replacement cost: and
"IB/ in the case ~t de.-tense aen?ices, the Dull
cost to the C,ovcrnment of providing the
ser:?icea. '
Ib/ The table of contents at the end of the
Jirat section of such Act is amended by in-
serting the loilolring gftcr the item relating
to section 502.'
"501. Nonce to Conoress of certain transfers
o--/ de/erase artielta and defense
serr>icea. ?.
COi'ERT ACiEAT DISCLOSURE FEDERAL PEA'SIOA'
F1DRF?.'TL'Rf
SEC. 603. Section. 8J12teIr17/C/ o-/ title 5.
United States Code is amended by striA-ing
the penod at the end therecf and inserting
in heu thereof "or section 601 of the Nation-
al SecurifyAel or 1947150 U.S.C. 421/ Irelat?
ing to intelligence identitiesl.':
Title L'll-PROTECTION OF UNITED
STATES INTERESTS
lORE1GN MISSIONS ACT AMENDMEAT
SEC 701. Section 202/all4/ of the State De?
partment Basic Authorities Act of 1956 122
U.S.C. 4J02/all4ll u amended to read as jol?
10wS:
"147 foreign mission' means any mission
to or agency or entity in the United States
which is involved in the diplomatic, eonsut-
H 8873
ar, or other actirihca q'. or rhrch u sub
slantin/ly owned or U/echvely confroitrd
Dy-
"IA/ a forripn porrrnmenl, or
"IB/ an orpanuation /other than an inlrr?
national orpanizahon. Qa dehnrd in archon
209%br o/ this title/ reprrsrnhnp a temlory
or pol:lical entity which has been granted
drptomahc or otlurr o-ftlcral pririlepcs and
immunitua tinder the lama o.1 the United
Slates or which engages in some aspect of
the conduct of the lntcrnationai gJJairs of
such territory or polittcal rntity.
including any rea! property N such a mu?
Sion and including the personnel of such a
mission;':
SOI'/E7 MISSION AT THE UNITED NATIONS
SEC. 702. lalll/ It u the pot:ey of the Con-
press that the number of nationals of the
Soviet Union admitted to the United Stales
to ante as members of the Soriel mission al
the Unitrd Nations headquarlera shall not
substantially acted the number of Unitrd
States nationals Soho serve as members of
the United State mission at the United Na?
lions headquarlen, unless tllc President dc?
terrrLines that llte admission to the United
Stales of addiliona! Sottitt nntionala to sent
as members of the Soviet mission at the
United Nations headquarters urould be in
the interest o! the United State.
12/ Beginning sir monllu q/ter the dale N
enactment 4f this sectiwn, and et>rmber Lsl Soviet nationals
admitted during the pmtiding sir-month
period to the United Slates pursuant to a de-
termination 4f the Prrsidenl under parn-
graph fl/ and their duties with the Sosriet
mission at the United Nations headquarter:
lJ/ Nothing in this sututction may be con-
atrued as includinD any dependent or spowe
repo is not a memDtr of n mission at the
United Nations headquarters in flu ealcula?
lion of the number of natmDers o/ n miarion
at the United Nations headquarters.
Ib/ It is the sense of the Congress that the
Secretary oJState and the Attorney C,rneral
should, not later than sis months titer the
date o1 enactment o-I Etta archon, prepare
and transmit to the Committee on Forrrpn
Relations and the Select Committee on In?
LelIipence of the Senntc and to the Commit-
tee on Foreign Affairs, ar?d the Permanent
Select Committee on Intelligence of the
House of Representat::rs a repot! setting
forth a pl?n Jor insurer.;, L:at t}c number of
Soviet nationals descritc?d to paragraph
/a7117 does not exeeec thL l~maa/ion de-
scribed in that paragrap':
Ie/ Fur purposes oJthu arction-
Ill the ler-m "members o1 U:c Soviet mis-
rion" and "members of the United States
mission" are wed urilhi : tT.c meaning of the
term "members of the mission ", as defined
by article I/bl of the Vienna Convention on
Diplomatic Relations. dot:c April l8, 1961:
and
/2l lAc term "mission st the United Nn
lions headquarters" of a country includes
all the missions elf sash country to the
United Nations in Neu- York City and in?
dudes missions in Nero York CYty to special-
ized agencies o! the United Nations. as de?
fined in article 57 0! the charter of the
United Natioru.
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CONGRESSIONAL RECORD -HOUSE Q
b
cto
er 1, 19F6
Rlt:r~77CA T/OA QIIafXrs O! C[RTA/N !p/tA'/(:N I1ATD BC1-Tatly,
OO RRNYENTS SAY 1VVMD, ttlhgence and IntelhgenCe-related artivitlra
Srr 703 Section a51 qJ bile 18. United ToY EACIrroN of the United Stags Government for fiscal '
Stags Code. u arwewded by addtsD at ue EtlrrrsT P. HoLUncs. fear 1987 and establish personnel celitngl ?
end tlureol fhr Jolkrtctnp site subsectlon_~ DAVID BpaEN, aPDlrcable to such acth-ltiea.
^trr Notrltlulnndinp paraprnpA /dtlll, BILL SRADLIr saCTIOM loa
nny person ewpaped in a lepa! commercw! (For matters within Section 103 of the conference report au.
transaction ahnlt trt coruidcred to be an the jurisdiction of Lhorizes the Director of Central Inteltiger/ct?
apr?nt of a Jorripn potrrnmncnf Jor purposes the Armed Sen. to make adjustments in
o/ ihu aecllon iJ- personal ceilings to
'rli sucA person npreca to operate toi.[hin t~ Committxe), certain circumstances Section 103 of the
lJlr United Slates subject to Lhr d:rcct:on or JoxN WAaxu, conference report is idential to Section 103
control of n lore:pr. pout-rnmenl or o tci Hann `"~Y HART. of the House bill and Section 103 of the
and JI ~? ors on f11t Fart of the Senate. Senate amendment.
?Y2~ aucA person- Joint Explanatory Statement of the sECZIOx log
??rA~ u an spent qJ flu Soviet Union, the Committee of Conference Section 104 of the conference report pro-
German Democratic Republic, Htinparp, The nlanagera on the put of the goose vides that the autholization of
Czechosiot+akia, Poland. Bulparia? Roma. and the mate at the conference on the dis? lions by the conference report shall tloDtrbyt-
nia, or Cuba, rnless the Attorney tienernl, a8r'eeing votes of the ta?o Houses on the deemed to corutitute authority for the con
gJter consuitntion tcifh the Secretary of amendment of the Senate to the bill (H.R. duct of any intelligence activity which Is not
State, determines and so nrporta to the Con- 4758) to authorize appropriations for flees! otherxise authorized by the Constitution or
press that the wattorwl security or Jor+ripn year 1987 for the intelligence old intelli- laws of the United Slates Section 104 of the
toollcy interraq of lAr United States req~e{n pence-related activities of the United States conference report is identical to Section 104
that the prot'utoru t7t! Chu cotton do sot Goternment, for the Intelligence Communi? of the House bill and Section 701 of the
/ ty Staff, for the Central intelligence A
apply in specl/ic elrrutnstanoea ~ aperlCa
e
S
g
ncy
Q
enate amendment.
such country: or Retirement and Dtaability System, and for
tB' has been to*r'icted N. or Asa rntered other purposes, submit the following joint eecTlol. los
? ~? ~ wolo eoatttedenr bull rrapect to. Iltatement Lo the House and the Senate !n Section 105 of the conference report pro.
any oJlense ender section 792 tArotwh 799, explanation of the effect of the action vides that appropriations authorized b3, the
131, or 23b1 0l this title or trader section 11 ~~ upon by the managers and re(wm? conference report for salary, pay, ret~re-
al the Export Admisistration Acl of 1979, mended in the accompanying conference went, and other Deneftis for Federal em-
e2eept that the proriston.s of this subseclton Teport: ployees may be increased b3' such addillorral
shall not apply to a person described in this The mate amendment struck out all of or supplemental amounts as may De recces.
clawe Jor a period o_t rrlorr LAan Jtve years the House bill after the enacting clause and sary for increases to such compensation or
AeflinnlnD on the date of the conr[ct inserted a substitute text benefits authorized b
h
w. Section 105 of
the daft of entry qJ the pigs wn or The House recedes from its the conference re Y
W nolo conlen- disagreement port Is identical to Section
dcrc, as the case may ife. ?; ~ the amendment of the Senate aith an 105 of the House bill and Section 702 of the
Md the Senate agree to the same. amendment which is a substitute for the mate amendment.
H
o
b
Ia H. HAMILTON,
Loma STOaas.
AilTlrowT C. BLIli7f50N,
Boa b,-sTS,rYUEx.
DAr DAwra,
Rosati A- Ron,
Gsoaca E 16aowN. Jr.,
MAT'rr;tW F. McHocx.
73sawARn J. Dwr>rlt.
7[3oe STUYr,
AImT Ixnwlra,
HERAY J. HTnE,
Dlcs CxaNrr,
1Bos LrvllvcsroN,
Boa McE~vER
(Poe consideration of
matters within the
furisdiction of the
Committee on
Armed Senices
under clause 1(cT
of Rule %),
1:~ ASPIN,
SAafPEt S. STRATTON.
WY DICRIxsoN
(For consideration of
matters tvithir. the
Jurisdiction of the
Committee on Post
Oiflce and Civil
Service under
clause lco) of
Rule %),
WILLIAIt D. FoRn,
PAT SCHROEDIP,
M.R. OAItwR.
FRAxR HoxroR,
DoN YODNG.
Aanagers on t11e part o.I the Howe.
DAV[ DvRENSExcEn,
Btu. Rortt,
BIU CoHEN,
!)RRIR HATCH,
PRAxIt H. MvRxowsxr,
Aalr Srtc~reR,
CHIC HECHT,
MITC8 McCoIrxELI.,
PATRICIS Is?uy
use
ill and the Senate amendment. The
differences between the House bill, the eECrION 106
6enate amendment, and the substitute Section 106 of the conference report pro.
agreed to in conference are noted below, vides that funds available to the Central la?
except for clerical corrections, Confo telligence Agency, the Department of De?
changes made necessar b rmmg tense, or any other agency or tntitY of the 1
reached bS the conferees and minor dlafL United States involved In (ateIIigence activi?
ing and clarifying changes. ties. may De obligated or expended during
TITLE 1-INrELLIC>srcc A ~ 1987 to provide funds. material. or otlxr
Due to the classified nature of~itlt~.ell ence assistance to the Nicaraguan democratic re-
ared lntelligence?related siKhities, i elassi- sistance to support military or paramilitary
tied annex to this joint explanatory stair irtd in oSect tonal 1011 ands 102 of lthe ~onfer~
went sen?ea as a guide t
th
o
e Classified ence report, (2) pursuant to Section b02 of
Schedule of Authorizations by providing a the National Security Act of 1Wi7, or (3)
detailed description of progrun and budget Pursuant to any Provision of law apecificall~?
authority contained therein as reported by Droviding such funds, materiel, or assist.
the committee of conference. ante.
The actions of the conferees on all mat- Section 106 of the conference report is
Leta of difference between the tiro Houses Identical to Section 106 of the House bill.
are shon?n below or !n the classified annex The Senate amendment rnntalned no come.
to this joint statement. sponding provision.
ences between the two Houses ~~ 411",-
partment of Defense Intelliger~ice~ Regat d
Activities. referred Lo as Tactical lntelll-
tence and Related Activities (TIARA). This
special conference group was necessitated
by the differing committee jurisdictions of
the intelligence committees of the House
and the Senate. The special conference
gr'ouP consisted of members of the House
and Senate Committees on Armed Sen?ices
and the House Permanent Select Commit-
tee on Intelligence.
The amounts listed for TIARA programs
represent the funding levels jointly agreed
to by the TIARA conferees and the House
and Senate conferees for the Department of
Defense Authorization Act, 1987 (S. 2638).
In addition, the TIARA conferees have
agreed on the authorization level, as listed
1n the classified Schedule of Authorisations,
the joint statement, and tts classified annex,
for TIARA programs tvhich fall into the ap?
propriation categories of Military Pa3' end
Military Construction.
srcrtoxs 1oI AlfD Ica
Sections 101 and 102 of the conference
report authorize appropriations for the [n-
BY Section 106, the Congress denies use
during fiscal ytar 1987 of the CIA Resen?e
for Contingencies 1:o provide assistance to
the Nicaraguan democratic resistance to
support military or Daramilitary operation
!n Nicaragua. The conferees note that re
programmings for such a purpose would bt
subject to the requirements of Section 50?
of the National Securit-r Act o1 1947 and the
Procedures normally applicable to such re-
programmings, including approval b~ the in
telligence committees and the aPPropns
Lions committees of both Houses.
aECr10N 107
Section 107 of the conference report pea
vides that no agency or entity of the United
Stales invoh?ed in Intelligence activities mad
engage >n any form of cooperation, direct or
indirect, with the Government of South
Africa, except activities which arP reason-
ably designed to facilitate the collection of
necessary intelligence. In addition, Section _
107 establi
h
s
es as the policy of the United
States that no U.S. intelligence agency or
entity may provide any intgelligence infor?
matlon to the Government of South Africa
which pertains Lo a South African Internal
opposition group, movement, organization,
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October 1, 19Ff CO:~GRESSIO:~AL RECORD -HOUSE H 88 i ~
or indnidual Ftnall}. Section 107 procidr?:.
that an) change in that pohcl', or the p:oci-
sion of intelligence information eontrar}? to
that puke}.shall De considered a significant
anticipated, intelligence activity for pur-
poses of Section SO1 of the National Securi-
ty Art of 194?. The conferees expect that in
telligence informaUOn sill be provided con
teary to that police only then such Lnfor-
malion credibly indicates the imminent like-
lihood of violent action Calculated to threat-
en human life and provision of such infor-
maUOn could De expected to contribute to
avoidance o1 that violent action.
Section 107 of the conference report is
Identical to Section 10? of the House bill.
The Senate amendment contained no corre-
sponding provision.
Tme II-INTLLI.ICt'_?NCE Coee>rtneln? STArr
aLCrIONS 407. 404, AND 403
Title II of the conference report author-
1Les appropriations and personnel end-
strengths for FY 1981 for the Intelligence
Cotltmunity Staff and provides for adminis-
tration of the- Staff during FY 198? in the
same manner as the Central Intelligence
Agency. The House bill authorized
121.700.000 and 235 personnel. The Senate
amendment authorized 122.338.000 and 239
personnel. The Conference report authorizes
!22.000.000 and 237 personnel.
TTTLe III--CexraAt INrus.ICC~rcE AGEFCv
Rt-rlat>taNT AND RcLATtm MATTERS
secrlot+ sot
Section 301 of the conference report au-
thorizes appropriation for FY 1987 of the
atlm of 1125.800.000 for Lhe CIA Retirement
and Disability Fund. Section 301 of the con-
ference report l identical to Section 301 of
the House bill and Section 301 of the Senate
amendment.
aIECTION 304
Section 302 of the conference report pro-
video survivor benefits for certain former
spouses of CIA employees who did not bene-
fit from the CIA Spouses' Retirement
Faulty Act of 1982 lP-L. 97-261). Title VI1 be-
cause they were divorced prior to the effec-
tive date of that Act (November 15. 1982 ).
Section 302 of the conference report l
identical to Section 302 of the House bill.
Section 406 of the Senate amendment con-
tained a substantially similar provision.
aE(TiOla 303
Section 303 of the conference report
per- mils former spouses of CIA employees
divorced prior Lo Ma}? 7. 1985 tc? enroll in
federal employee health benefits plans in
certain circumstances. Section 303 of the
conference report is identical to Sectior. 303
of the House bill. Section 407 of the Senate
amendment contained a substantially simi-
lar provision.
TITLE I~'-COIIN:'Er..FTEI.LIG?r^F A!~D
aFCTton so4
Beckon 40. of the eonferrncr report
amends Section 9101 of tltte b of the United
States Code to grant W the FBI the same
mandatory access to Statx and local criml-
naI records for security clearance purposeE
that the Department of Defense, the Office
of Personnel Management. and the Centre]
Intelligence Agency en}oy under Section
9101. Section 402 of the contc rence report is
Identical to the Section 402 of the House
Dill. SecUOn 502 of the Senate amendment
contained a corresponding provision shirk
differed orl3 technically from the House
bill provision.
sttrnoN ao3
Section 403 of the conference report per-
mits the Secretary of Defense to authorize
the use of proceeds from counterintelligence
operations conducted bl' the military de-
partments to offset expenses of such oper-
ations not otherwise prohibited bl' law- and
to make performance awards to personnel
Invoh?ed in such operations, if use of appro-
priated funds to meet such expenses or
make such awards would not be practicable.
Section 403 of the conference report is iden-
tical to Section 403 of the House bill, with
one modifit~tion making clear that the au?
thorny to make awards l limited Lo per-
formance awards. Section 405 of the Senate
amendment contained a protision substan-
tially similar Co the House bill provision, but
which did not prot?ide for use of proceeds
from Counterintelligence operations for
awards.
Under the authority granted by Section
403 of the conference report, performance
awards may be approprtate for an excep-
tional performance or special achievement
in cotnterlntelligence operations which con,
tributes significantly Lo the Department of
Defense counterintelligence miseion and
merits special recognition.
The conferees emphaize that proceeds of
counterintelligence operations of the mili-
tBrY departments may be used to meet the
expenses of such operations and to make
awards to personnel involved in such oper-
stlons only u the use of appropriated funds
to meet such expenses or to make such
awards would not be practicable.
Under the authority granted by Section
403 of the conference report. proceeds of a
counterintelligenoe operation of a military
department mac, but need not be, used to
meet the expenses of that operation or to
make awards to personnel involved in that
operation: such proceeds may also be used
Lo meet the expenses of oilier counterintel-
ligence operations of the militan,- depart-
ments and to make awards to personnel !n-
volt?ed in such other operations.
SE^f'IOIS 404
Section 404 of the conference report
amencL Sectio:: 1114 s i of the Right to Fi-
nancial Privacy A.c.t of 1978 (RFPA) (12
U.S.C. 3414ca!! tr? grant the FBI mand~Lory
authority to obtas: a customer's or entity's
reco*as from a financial institution for
counterintelligence purposes if the Director
of the FBI find: that there are specific and
articulable facts giving reason to believe
that the customer o: entity is a foreign
power or an age:tt of a foreign power as de-
fined to Lhe Foreign Intelligence Surveil-
lance Act of 1978 cF1SA) (50 U.S.C. 1801 et
seq.). Section 404 of the conference report is
Identical to Section 404 of the House bill.
Section 501 of the Senate amendment con-
tained a subst.antiglly similar provision.
After careful consideration, the conferees
have concluded that, should the Director of
the FBI decide to delegate his authority
tinder Section 404 of the conference report,
he should delegate it no further down the
FB] chain-of-command than the lerel of
Deputy Assistant Director.
The eonfereea note that the requirement
of "reason to belietr" that the customer l~ s
foreign power or an agent of a fon?iFr~
power is significantlc less afnngent than the
requirement of "probable cause" to behetf
that the customer l an agent Of a foreign
power. The confereeE intend that the FB1
official making the drtcrmination required
to exercise the authority granted by Section
404 of the conference report will. In apply
ing the '-reason to DeLeve" standard, take
Into account the tact5 and clrcumstance~
that a prudent investigator would coruidrr
insofar as they provide an objectlve.fastual
basis for the determinatlon.
The conferees expect the FBI to det?elop
and issue guidelines, approved by the Attor
ney General, for the scquLcition. retention.
and dissemination of information pursuant
to the authority granted by Section 404 of
the conference report. These guidelines will.
among other things, implement the require
went that information acquired under the
authority may be disseminated to other
agencies of the IInlted States only ff such
information l clearly relevant to the as
thorized responsibilities of such agencies.
The guidelines should also De reasonably de?
signed Lo minimize the acquisition and rr
Lention of Information concerning U.S. pe:-
aons, consistent with Lhe need of the United
States for foreign counterintelligence Infor-
mation. The conferees request that the FBI
submit the guidelines to the Intelligence
committees of the Congress prior to their
taking effect.
The conferees note that the intelligence
committees of the Congress have discussed
with FBI official the current practices of
the FBI for obtaining acces< to financial
records !n counterintelligence Investigations
under the existing non-mandatory prot?i-
slons of Section 11141 a x 1) of the RFPA. In
large measure, these practices appear to be
consistent with the requirements of new
Section 1114(a)(S) providing mandatory
access to financial records. However, to the
extent, u any, that FBI practice under the
non-mandatory authority permits access tc
i customer's or entity's financial tern-ds
solely on the basis that the customer or
entity l a target of a hostile recruitment
effort, such practice vt?ith respect to the
mandatAn? authority would conflict a-ith
the requirements of Section 1114!ax5).
aECTION a01
Section 501 of the conference report e><
Lends to Department of Defense civilian per-
sonnel assigned to Defense Attache Offices
and DIA Liaison Offices abroad a medical
evacuation travel expenses benefit currer.ilc
available to U.S. Foreign Sen?ice personnel.
CIA personnel. and certain DOD special
crS'Gtologic activities personnel. SecUOn 5Gl
of the conference report is idrmical to Sec-
tion 501 of the House bill. Section 404 of the
Senate amendment di..*fered only technica'.l~
from the House bill provision.
SECTION a04
Section 502 of the conference report ea,-
tends for one more fiscal year the exttao:d:
nary sutho:itS of the Secretary of Defetue
to terminate a Defense Intelligence Agency
ch?ilian employee without regard to norms!
federal personnel termination procedures.
Section 502 of the conference report l iden-
tlca] to Section 502 of the House bill. Sec-
tion 402 of Lhe Senate amendment would
have extended the authority for tw?o fiscal
years rather than a single fiscal year.
The failure of the Department of Defense
to Issue in a timely fashion regulations and
delegations of authority necessary to Imple-
ment the DIA special termination authorit}?
sECrION X01
Section 401 of the conference report au-
thorizes the Director of the Federal Bureau
of Investigation and the Secretan~ of De-
fense to pay the expenses of hostin@ fereigr:
official visitors to the United States to con-
sult with FBI and DOD officials on counter-
intelligence matters. Section 401 of the con-
ference report k identical to Section 401 of
the House bill. The Senate amendment con-
tained no corresponding provision.
The conferees direct the Secretary of De-
fense and the Director of the FBI to submit
at the close of fiscal years 1987 and 1988 re?
ports Lo the intelligence committees of the
Congress on the amount of funds expended
to those fiscal years under the authority
granted by Section 401 of the conference
report.
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H 8816 CONGRESSIONAL RECORD -HOUSE
Rranted for a Wolfed period of time several
yeah aRO costa doubt on the real nerd for
such wti-orfty. Tleverthekss. in an effort to
provide an opportunity to assess the need
for the authwrity and Ito value to the De-
[enx Intelligersoe Agerscy mtzsion. the con-
ferees decided to extend the authority for
another fiscal year.
stecrt ow so a
Section 1503 of the conference report en-
sures that, during tisci] year 1967, military
personnel of Lhe intelligence components of
the military departments may accept Duec-
tor of Central Intelligence performance
aw?arda on the same Dada as dvilian person-
nel of Inteltieence agencies may accept such
awards. Section S03 of the conference report
to identityl to SeMlon S03 of the House bill.
except that It applies only dtlrirtg fiscal year
1987. The 8enste amendment contained no
corresponding provision.
The conferees request that the Director of
Central Intelligence submit a report, and
the 3ofnt Chiefs of Staff submit a separate
report, both by lfarch 1, 1987, expressing
their a?iews on whether the authority grant-
ed by Section 503 of the conference report
should or should not be made permanent
law-.
sacrloN so4
Section b04 of tbe eonferenee report
enacts a new Section 1590 in Title 10 of the
United StsLes Colt to authorise tuft f3ecrc-
tary of Defense to proaide for management
of civilian intelligence personnel of the mili-
tary departments, notwithstanding certain
cia?il service laws. Section 504 of the confer-
ence report is identical to Section 504 of the
House bill, except for the sddiUOn !n the
conference report of the evaluation and re-
porting requirement added as Section
504tc1. The Senate amendment contained
no corresponding provision.
Subsection 504te) of the conference report
requires the Secretary of Defense t4 con-
duct a compreheaeive review and evaluation
of the implementation of Section 1590 of
Title 10 and to report on the review- gaud
evaluation to the Comgreyss no later than
ltlarch 1, 1989. The conferees expect that, if
the Secretary of Delenae delegates this duty
to evaluate and report, he will delegate LL
only to a senior officio] within the Office of
the Secretary of Defense and will not dele-
gate it to the Secretaries of the Military De-
partments or their subordinates. The re-
porting date of larch 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 tslsaIl tM?ude the stems set forth to
Subsection 504rc).
The conferees expect the Secretary of De-
fense and his subordinates to submit to the
fntellitrence committees of the Congress all
retulations. directives, and guidelines issued
to trnplement Section 1590 of Title 10,
Untted States Code, before they take effect.
fECTION 505
Section S05 of the conference report
amends the National Security Agency Act of
1959 to authorize the Secretary of Defense
Lo send NSA dailian employees W be aW-
dents at accredited professional, technical
and other institutions of higher learning for
training at the undergraduate level. The
Durpose of Section 505 !: W establish an tan-
dergradtlate training program, including
training which aaty lead to s baccalaureate
degree, to facilitate recruitment of Individ-
uals, particularly minority high school stu-
dents, with ? demonstrated capability to de-
velop skills critial to NSA's mission.
6ection 505 of the conference report Its
Identical to Section 505 of the House bill,
except for the addition of 6ection 18(ex2)
of the NSA Act as contained in Section 505
of the conference report. The Senate
amendment contained no correspondtnR
provision
Section 18ieN2i of the NSA Act as con-
tained in the conference report Drovides
that NSA efforts to recruit individuals at
educational tnatr,utions for parUClpation in
the NSA undergraduate training program
estabLshed 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 proa?ISion would permit NSA to
identity tnterestrd and qualified students at
educational instftut/otus through advertis-
ing, contacts arranged through guidance
counseling offices or financial aid offices, or
through NSA testing programs arranged
with officials of the educational Irtstitu
lions. The provision would not permit NSA
personnel to identify or assess lradividuals
within educational institutions in any non
public fashion, nor would it pelruit NSA
contacts with students in educational instt-
tutioru w?fthout prior agreement of the offi~
dais of those institutions.
The conferees expect NSA to Rork 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 lnt.elligence commit-
tees of Congress by March 1. 1987 on the
benefits that could accrue by applying Lhe
program established under Lhe authority
granted by Section 505 of the conference
report to those indla~duaLs.
aaCTION boa
Section 506 of flit bill requires the Direc-
tor of Central Intelligence, uerdsing the
authority Ranted by' Section 8 of the Cen?
teal Intelligence Agency Act of 1949 (50
II.S.C- 403j), to establish a program to send
CIA civilian employees to be students at ac-
credited professional, tecltttical and other
41stitutions o[ higher learning for training
at the undergraduate level, similar in pur-
pose. conditions. content. and administra-
tion to the NSA program established ender
the authority of Section i08 of the confer-
ence report. Section 506 of Lhe eonferersce
report is identical to Section b06 of the
House bill. The Senate amendment con-
tained ou corresponding pro:isior..
The statutory conditions which apply to
the NSA is sdtninistering Its undergraduate
training program under Sexxioa 18 of the
NSA Act of 1959 as enacted by Section 505
of the conference report apply with respect
to the C1A undergraduate training program
by virtue of Section 506 of the conference
report. Thus. Section 16ee)t2) 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
atitutions for participation in the NSA un?
dergraduate training program shall be made
openly and according to the common prac-
tices of unit^ersities and employers recruit-
ing at educational institutions, applies
equally- to CIA efforts to recruit indtviduals
in educatoona] institutions for the CIA un-
dergraduate training program. The provi?
sion would permit CIA to tdentify 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 tnstitu-
tlons. The proa?kion would not permit CIA
personnel to Identify or assess indiaiduals
within educational institutions in any non-
October 1, J9~~'f;
public fashion. nor would It permit C1A cot,
facts with students ltr edufational imtit u
lions without poor agreement of thr offs
vials of those institutions.
The conferees expect C1A to work with rr
sponsible officials of educational inatiiu
Dons Lo ensure the proper confidentiality of
related record-~
The conferees urge the Central Intell~
Bence ACCncy to be aware of the availability
of numerous qualified disabled high school
students for employment opportuniles acrd
requrst that the Director of Central Intelli
Bence report to the intelligence commlttre~s
of Congress by 1Ltteh I. 1987 on the bene-
fits that could accrue Dy applying the pro-
Gram established under the provisions of
Section 506 of the conference report to
those individuals.
SIXTION a07
Section 507 of the conference report re
quires the Secretary of Defense and the Di
rector of Central Intelligence Jointly to
submit an ttJacJassified report to the Con-
gress no later than January 3, 1987 describ
tog the ciailian personnel systems [or CIA.
NSA. DIA, and the Intelligence components
of the Army, Naay, and Air Force. Section
S07 of the conference report Ls the same as
Section SO7 of the House bill with the ex-
ceptionc that the House bill had required
submission of the report to specified com?
mitt.e?es of the two Aot>ses of Gbnlrrtss and
had specified a different reporting date. The
Senate amendment contained no eorre
rponding proalsions
The Senate conferees note that submis-
sion of Lhe rcpon by January 3, 1987 gill fa-
cilitate the comprehensive review o! Intelli-
gence personnel systems which the Select
Committee on Intelligence of the Senate
has in progress.
Tlrtr VI-Mlscat=.~wsovs
a1C.TION t0I
6ection 601 of the conference report pro-
tides clear, permanent authority for Lhe De?
lease Mapping ABenc7 to engage in the ex?
change of mapping. charting and geodttic
data, supplies, and services writh Ioretgn
countries and international organisations
pursuant to agreements for the production
or exchange of tuck data. Section 601 of the
conterenct report ti 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 ntplidt-
ly required the Secretary of Defense to
comply with the requirements of the Case
Act (1 II.S.C. 112b) sad its tmDlemeniing
regulations for reporting tnternstional
agreements to the Congress.
The proaisions of Section 112b of Utle 1
apply of their on-n force to agreements estab-
lished under the authority- gralsted in Sec
lion 607 of the conference repon; explicit
reference to Section 112b In Section 601 LS
not necessary to snake the provisions of Sec-
tion 112b apply.
SECTION a02
Sectio.^. 602 of the conference report adds
a new sectior, 503 to Lhe National Security
Act of 194 ~ Lo specify that a covert arms
transfer in:oh?ing a single article- or service
of a value exceeding it m111fon LS 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 802 of the confer-
ence report is identical to Section 502 of the
House bill. The Senate amendment con-
tained no corresponding proa?islon.
Section 602 places in permanent law the
proaision enacted for rises.] year 1986 by
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(k?tober 1, 1986 CO~GRESSIO~AL RECORD - f-IOL'SE
Sectron 403 of the lnteihRentx Atrthoriza-
tlon Act for Ernest Tear 1856 (P.L 19-109).
aL(TIOrt t0~
Section 603 of the conferenceF report
? amends Section 8312 of Title S of the
Qnited States Code to prot?ide that an lndl-
vidual convicted of the offense of dtcclosing
the idcntitiea of D.S. em?e? Intelligence
agents forfeits federal employee retirement
beTteftu. Section 803 of the tronferenee
report is identical to Section 603 of Lhe
House bill. The Senate avrtendment con-
tained no corresponding prot-uion.
TrTt.c VII-Paortxnoa or UwtT?m STeTIts
lwrtvusra
stxTlotrs vo2, ?s:, a7eD tea
Title VII of the conference report corlsiats
of Sections 701 and 702. which are Wentical
to Sectioru 801 and 602 of t:he Senate
amendment, and Section 703, shlch l< sir721-
hr Lo SeMion 803 of the Senate amendment,
The House bill contained no oorresporidilig
provision.
Section 701 of the confereritx report
amends the definition of ??tor?eigl7 missioa"
as used !n Lhe Foreign ltlissiolts Act (Title II
of Lhe State Department Basic Authorities
Act of 1956) to make clear shat Lhe Secre-
tsry of State may subject corporations or
other commercial entities controlled Dy a
lorelgn poser to the controls of the Foreign
ylissiona Act.
Section 702 of the conf~reltcr report m-
tabitaheb a6 the policy of the Congress Lhst
the number of Soviet aatieriaL admitted to
the IInited States to sere ss tmevnbets of
the Soviet atisslon tat the Dratted 7i-ations
headquarters shall toot taibstaatially exceed
Lbe number of US. nationals who serve as
tmembets of Lhe IIS. Yissian a< the C.N.
headquarters unless the President deter-
mines that the admksion to the U.S. of ad-
ditional Soviet nat.ionala to ao serve scold
tx in Lhe interest of Lhe IInited StatRa. The
provision also inclues requirements for re-
porting Lhe numbers of such So~~et naLion-
ala !n the United States to Lhe intelligence
COInnlltCeeS of the COngrexs and for estab-
lishirtg splan to implement the policy of
partly between U.S. and Soviet U.IQ. mission
siacs established by the Congress.
Section 703 of the oonferentt report
amends Section 951 et Title !8 of the
United States Code to require registration
by those engaged in commercial transac?
aeons who ague to operate ~rithin the
United States subject to the direction or
control of a foreign sovernment or official
and w?ho either (1) are agents of the Soviet
Union. East Germany. Hungary, Csechoslo-
wakes- Poland. Bulgaria, Romania, or Cuba.
or (2~ within the past five leers. stave been
oonricted of
hate occurred and NSA has gained ph}?sical
securit}? expenence under those delegations.
the- Director. NSA should bang to the afters
lion of the 1nte112Fence committees of the
Congress physical secure;} deficiencies he
discerns, if any- for appropriate legislative
consideration.
Section 503 of the Senate amendment pro
vided for FB] aocee~ to telephone toll
records of foreign poa ers and agents of for-
eign powers !or counterintelligence pur-
poses in certain circumstances. The confer-
ees support such legtctatton. but decided not
to include u to tt-e soialerencc report atnce
it is expected W become lea as part of the
Electronic Colnmuniatiotu P?tacv Act.
Section 604 of the Senate amendment
would love required the Director of Qe7atr'al
Inulligenor to protide a report to the ifltet-
ligence committees of the Congress b}
II[al+ch 1, 1987 ooncerrlirlg whether and to
shat extant tau DeJenae Forces of the Oct
ernment of Panama have violated Lhe
human rights of the Panamanian people,
are involted !n trrtert7ational dtvg traffick-
ing. anus trafficking, or stoney iattndering.
ear :ere trnolvd tta she death rd Dr. 7isigo
Spadafora. The conferees decided that 1t
was not neoeataary to irtctude thla provision
to Lhe conference rtport, fn view of the tut
that existing stawtory authority requires
the Director of Central Intelligence to re?
spond to requests from the Intelligence com?
mlttees of Congress. The oonterees c7~ect
the Director of Central Intelligence to pro?
vide all relerant tiafortnation on this subject
to the intelligence committees
I~ 1H. Sti[n.ron.
LOIIIS StUEtrS.
Diva licCvRnY.
ANT?EONY C. BEILLN$OI~,
Boa li.A_SrsN7exILR.
DAr. DAIPILL.
Rosrxr A. Rot,
Gsoaci E. SROK'N. Jr.,
ldArt7~? F. McHvctt
SLRlrARD J. DQCYI?,t.
Boa Srvltr,
ArIDY Itz.AaD.
HtaRY J. HS-DE.
Dlcs C>`.urrn?.
Boa LrrINGSTOT.
BOb MCE~I?LN
(Fbr consideration of
maUers within the
jurisdiction of the
Committee on
A.-med Sen?ices
uncle: clause l(M
of Hotse Rulc Ts !.
LES ASPIN.
SASeru S. SrRATTOA,
R~TR. DICHIN$OT
(For consideration of
maLLers within the
Junsdlction of the
Committee on Post
Office and Ch?il
Saralee under
clause lco) of Rule
x ).
W II.I.IAtr D. PbRD,
PAT ScIrROEDER,
M.R. OAIUR,
FRAM{ HORTON,
DoN Yovxc.
Managers on the Para 4J the- Xowe.
DAVt Dtnearstatctat.
Btu. RoTH.
BILL Colnar,
ORRIN HATCH,
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H g~/g ('IfIAl:A>cCCinA?arr tor_i-~nr~ ..~...,.~- _
F1cANh H )\f ;~rr., ~\vsxt.
ARLrN SrEC-TF1.
CXIC HF:CttT,
MrT('H 1\1000NNFI-1
PATAtCK LEAKS
LLOYD BCNTSE~.
SA>r NrxN.
TOM EAGLF'?CIN.
ERNES' F Holt tvcs
DAVtD BOREN.
BILL BRADLEY
fFor mattE-r~ atthin
the Jurisdtcuon o1
the Armr?d Serv-
ices Committee 1.
JOHN V~~ARNER,
GAR 1' HART.
Mr. FORD of MtchiQan.
Mr. MRAZeK in tuo instances
Mr. ACKERMAN.
Mr. APPLEGATE.
Mr. RoE.
Mr. FAZIO.
Mr. RODInO.
Mr. WYDEN.
Status. Sunivabif Be:-:n-? ls~ur> a;ld ]:~,d
to Establish a National Cons~?nsus' IGACI
NSIAD-86 2001. Jointly. to the Committecr
on Goccrnment Ourrauons and Arnud
Sen-tees
4268. A letter from the Sermtan of
Health and Human Sr?n:ce?s transm~;unt: a
report on the operation of uti)i~tl,~;l and
quality- control peer rf\ICV. OrFaLl..a:lORs
pursuant to SSA section 1161 IA6 S:at 39l~.
Jointly, to the Committees on ll'a;s and
Means and Energy and Commcrc<
ENROLLED BILL AND JOII;T
RESOLUTION SIGNED
Mr. ANNUNZIO, from the Commit-
tee on House Administration, reported
that that committee had examined
and found truly enrolled a bill and
}oint resolution of the House of the
following titles, which were thereupon
Signed by the Speaker:
H.R. 1296. An act to estabLsh a federally
declared flooda?ay for the Colorado Rrcer
below Da\?ia Dam. and
H.J. Res. 743. Joint resolution making
continuing appropria;ions for the fiscal year
1987, and for other purposes.
SPECIAL ORDERS GRANTED
By unanimous consent. permission
Lo address the House. follow ing the
legislatit?e program and any' special
orders heretofore entered, a?as granted
to:
Mr. GONZALEZ, for 60 minutes, today.
(The following Members cat the re-
quest of Mr. McK>rltxAN) to ret?ise and
extend their remarks and include ex-
traneous material: )
Mrs. BENTt.EY. for 60 minutes, on Oc?
Lober 7.
Mr. WALKER, for 60 minutes, today.
(The following Member cat the re-
quest of Mr. GARICA) to ret-ise and
extend his remarks and include extra-
neous material: )
Mr. ANNUfvzlo, for S minutes. today.
(The following Members tat the re-
quest of Mr. GONZALE2) t.0 re~-ise and
extend their remarks and include ex-
traneous material: )
Mr. LUNDINE, for 60 minutes, on Oc-
tober 8 and 9.
Mr. RAY, for 30 minutes, on October
7. 8, and 9.
EXTENSION OF REMARKS
By unanimous consent. permission
to ret-ise and extend remarks was
granted to:
Mr. Yovxc of Missouri. prior to pas?
sage of House Joint Resolution 438, in
the House today.
Mr. RITTER, on Senate Joint Resolu?
lion 385. today.
(The following Members tat the re-
quest of Mr. McKERNAN 1 and to in-
clude extraneous matter:i
Mr. CRANE.
Mr. SCHtiLZE.
Mr. KOLSE.
Mr. GILMAN in threE? instances.
Mr. LAGOMARSINO.
Mr. VANDER JAGT in tu?o instances.
Mr. COURIER.
Mr. CRAPPIE.
(The following Members tat the re-
quest of Mr. GARCIA) and to include
extraneous matter:)
Mr. LAFALCE.
Mr. CANTOS.
Mr. MANTON.
Mr. NowAx.
Mr. WALGREN.
Mr. MILLER of California.
Mr. MI)RTHA.
Mr. BROVt'N of California.
ADJOURNMENT
Mr. GONZALEZ. Mr. Speaker. I
mote that the House do now adjourn.
The motion was agreed to; accord-
ingly (at 6 o'clock and 28 minutes
p.m.), the House adjourned until to-
morrop~, Thursday, October 2, 1986. at
10 a.m.
COMMUNICATIONS,
ETC.
Under clause 2 of rule XXIV, execu-
tive communications were taken from
the Speaker's table and referred as fol-
lows:
4283. A letter from the Assistant Secre-
t,ary of State for Legislath?e and Intergw?-
ernment.al Affairs, transmitting a report of
politics] contributions by Edward Joseph
Perkins. of Oregon, as Ambassador Extraor-
dinary and Plenipotentiary- of the United
States of America to the Republic of South
Africa, pursuant to 22 U.S.C. 3944cbu2); to
the Committee on Foreign Affairs.
4284. A letter from [he Chief lmmigra;ion
Judge. Executive Office for Immigration
Ret?ie~, Department of Justice. transmit-
ting areport on the suspension of deporta-
tion of certain aliens of good cha.-acter and
R-ith required residency- when deportation
causes hardship under section 244ca1. Immi-
gration and Nationality Act. pursuant to 8
U.S.C. 1254,c1; to the Committee on the Ju-
diciarc.
4285 A letter from the Secretary of the
Army and the Secretary of Agriculture.
transmitting notice of the intention to
interchange civil works and Forest See; ice
acquired lands at Patoka Lake, IN, pursuant
to 16 U.S.C. 505a: Jointly. to the Committees
on Agriculture and Public Works and Trans-
portation.
4286. A letter from the Assistant Secre-
tary of State for Legislative and intergov-
ernmental Affairs, transmitting certification
that It is in the national interest not to
transfer funds appropriated for internation?
al development (22 U.S.C. 2151 et seq.) to
accounts for payment to owners of a seized
fishing vessel, pursuant to 22 U.S.C. 1975:
Jointly, to the Committees on Foreign Af-
REPORTS OF COMMITTEES ON
PUBLIC BILLS AND RESOLU-
TIONS
Under clause 2 of rule XIII. reports
of committees were delit?ered to the
Clerk for printing and reference to the
proper calendar, as follows:
Mr. BROOKS: Committee on Govern-
ment Operations. Report on the proposed
di\estiture of the Power N.arketine Admin-
istration: DOE put the cart before the horsy
(Rcpt. 99-9351. Referred LO the Committer
of the R'hole House on the State of the
Union.
Mr. BROOKS: Committee on Govern-
ment Operations. Report on faulty Defense
Department policy provides contractors un-
intended profits tRept. 99-936 ~ Referred to
Lhe Committee of the Vi-holy House on thf
State of the Union.
Mr. BROOKS: Committee on Govern-
ment Operations. Report on adequacy- of
Federal enforcement of Steel Import Pro-
gram