IN THE COMMITTEE OF THE WHOLE

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CIA-RDP90B00017R000300670013-5
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December 8, 2011
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Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90B00017R000300670013-5 Lufan Schumer Anthony Luken. Thomas Sharp AuCoin Lungren Shuster Bates MacKay Sikorski Bentley Manton sisisky Bonior (MI) Markey Skaggs Bonker Marlenee Skeen Borski Martinez Skelton Callahan Matsui Slattery Carper Mazzoli Slaughter (NY) Chapman McDade Smith (FL) Crockett McEwen Smith (IA) McGrath Smith (NE) McHugh Smith (NJ) McMillen (MD) Smith (TX) Mfume Snowe Mica Solarz Michel Spratt Miller (CA) St Germain Mineta Staggers Moakley Stallings Mollohan Stark Montgomery Stokes Moody Stratton Morelia Studds Morrison (CT) Stump Morrison (WA) Sweeney Mrazek Swift Murphy Synar Myers Talon Frank Frost Flippo Florio Foley Fadrefch Lehman (CA) Espy Lehman (FL) Dyson Early Eakart Darbto Dwyer Kanlorski Kaptur Kastenmeter Kemp Kennedy Kennelly -CONGRESSIONAL RECORD - HOUS Quillen Miller (WA) Saki Sundquist Rahall MonnEyl Schaefer SwindRll Ravenel Moorhead Schneider Tanks Rhodes Nielson Schuette Taylor Richardson Oxley Sensenbrenner Thomas (CA) Rinaldo Packard Shaw Upton Robinson Pashayan Shumway Vander Jagt Rodin Penny Slaughter (VA) Vucanovic.4 Roe Petri Smith. Denny Walker -in the committee's offices, ' Rose Porter (OR) Weber members who read both of the clas Rostenkowski Regula Smith. Robert Weldon sifted documents will recognize that Roukema Ridge (NH) Whittaker Rowland (GA) Ritter Smith. Robert Wortley . although the committee's recommen Roybal Roberts (OR) Wylie dations are below those amounts re- Sabo Rogers Solomon Young (AK) Savage Roth Stangeland quested by the administration, the Sawyer Rowland (Cr) Stenhoim committee has recognized the high Saxton NOT VOTING-33 priority which intelligence should Schauer hi ti l s, an a ah Z enjoy wit a arger on secu- Thomas (0 Torres Torricelli Towns Traficant Traxler Valentine Vento Visc)osky Volkmer Walgren Watkins Waxman 'Weiss Wheat Whitten Williams W iLson wise Wolf Wolpe Wyden Yates Yatron Duncan McCurdy Poglietta Murtha Gephardt Rangel Horton Ray Ireland Roemer Leland Russo Lewis (GA) Schroeder Martin (NY) Schulze Mavroules Spence McCandless Tauain McCloskey Udall 01320 Mr. NIELSON of Utah changed his vote from "yea" to "nay." Mr. KILDEE changed his vote from ...nay., to..yes,? So the resolution was agreed to. The result of the vote was an- nounced as above recorded. . A motion to reconsider was laid on the table. The SPEAKER pro tempore. Mr. GRAY of Illinois). Pursuant to House Resolution 187 and rule XXIII, the Chair declares the House in the Com- mittee of the Whole House on the State .of the Union for the consider- ation of the bill, H.R. 2112. IN THE COMMITTEE OP THE WHOLE Accordingly the House resolved itself into the Committee of the Whole House on the State of the .Union for the consideration of the bill (HR 2112) to authorize appropria- tions for fiscal year 1988 for intelli- gence and intelligence-related activi- ties of the U.S. Government, for the intelligence community staff, for the Central Intelligence Agency Retire- ment and Disability System, and for other purposes, with Mr. BEILENSON in the chair. The Clerk read the title of the bill. NAYS-115 The CHAIRMAN. Pursuant to the Archer Daub Hiler rule, the first reading of the bill is dis- Armey Davis (IL) Holloway Badham DeLay Hunter pensed with. Baker Dickinson Inhofe Under the rule, the gentleman from Ballenger DioGuardi Johnson (CT) Ohio [Mr. STOKES] will be recognized Bartlett Doman (CA) Kasich Barton Dreier Kolbe for 30 minutes and the gentleman Bilirakis Edwards (OK) Konnyu from Illinois [Mr. HYDE] will be recog- Boulter Fawell Kyl nized for 30 minutes. Brown (CO) Fields Latta Buechner Frenzel Lewis (CA) The Chair recognizes the gentleman Bunning Gallo Lewis (FL) from Ohio [Mr. STOKESl. Burton Gekas Lightfoot Mr. STOKES. Mr. Chairman, I Yield Chandler Gingrich Lott myself such time as I may consume. Clinger doodling Lowery (CA) Coats Grandy Lukens, Donald Mr. Chairman, I rise in support of Coble Gregg Mack H.R. 2112, the Intelligence Authoriza- Coleman (MO) Hammerschmidt Madigan tion Act for fiscal year 1988. The prin- Combest Hansen Martin (IL) cipal purpose of this bill is to author- C Il t M C hli H t oug n as er Craig Hefley Crane Henry Dannemeyer Herger c o am McMillan (NC) ize appropriations for all of the intelh- Meyers genre or intelligence-related activities Miller (OH) of the U.S. Government during fiscal year 1988. AS--in the, peatF the .act aRlounts authoPiwd axe contained .to classified schedule of authorizati which is incorporatedby. reference which is available, along with a-classi fled annex to the Committee's, report rity budget. It has made appropriate recommendations so that all essential intelligence programs and activities have ? been . funded Most of the amounts authorized are in the defense budget. Mr. Chairman. as it does every year, the committee has worked closely with the Committee on Armed Services to produce recommendations for the au- thorization of appropriations of Intel- ligence-related activities over . which the committees share jurisdiction. The amounts authorized by H.R. 2112 are therefore fully consistent with those authorized by H.R. 1748, the fiscal year 1988 defense authorization bill, as it passed the House. Both committees agreed on these amunts. Cooperation and understanding be- tween the two committees, which is fostered in large part by its cross- membership, is, I believe, one of the great unknown success stories of this body. I attribute it to the 'leadership of the chairman of the Committee on Armed Services,' Las Asrn , a former member of the Intelligence Committee and to former' committee members such as Boa Srv}lia from Arizona, former ranking minority member, and, in particular.--to-the able representa- tion which the Intelligence Committee receives from its two members of the Committee on Armed 'Services, DAVE McCuRDY and DAN DANIEL. . . Mr. Chairman, in addition to the au- thorization of appropriations. H.R. 2112 contains a number of legislative provisions. There is a provision identi- cal. to that which was enacted in the fiscal year 1987 act that would limit assistance to the Contras to that spe- cifically authorized by law. There is a provision which effective- ly reinstates the application of section 502 of the National Security Act of 1947, requiring that all intelligence ex- penditures have been authorized by law. This same provision also provides authorization for a number of projects for :which funds were appropriated in fiscal year 1987 without authorization. The provision. also requires that, in the case of two programs. funds may not be spent unless they have been re- programmed Finally, the bill would provide retire- ment and death-in-service benefits for .certain former spouses of CIA person- nel and extends authority for certain Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90B00017R000300670013-5 - I Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90B00017R000300670013-5 ersonnel>ffiaIIaRL'BtE@3t1LsA,n1tR101-Tfi4/~sza.ai4 - F.+~.n .,u, .......,t.... ..,n n _ ~r . e_s_'~ x, ~c ~' 4 K~ e rrlfiX' i1 Fl _-. ----o wacsaw vyar .acne- W-7/a[Y7VelTYeII -an? reneweQ a :- -ij~gy}~g~:OdmiLti$gCB ~~."$~1 s .~teIDOSfto'Ye9teW:aSed:Et"4Ao?rrmil ?in~ncia-?e:,~'ta: ~.,.:::,~'v....s,:*:w.:-'--=- - --- b-IOYit~f2Ff; ~oY. -~~.r ...mow+v+aa va bait ai ilL[l/,Wl1Lf"7i .6UV f a Intelligence e&nrsttntty :cbflfan rtiotis are likely to;producea number oY. the'Ceatr 49eii rre . as requ del an,d to provide a report to ? recommendations for improvementssin ai sabi lty cys g t m, "esu meet' and dtsahility syisteni, ,the, _Ptesic~ent and' the Caugress tT3at several aspects of intelligence ;oiler- ay the? President," : its provides would set forth r cans for atfons and oversight - . , : ? ...fox' -t .o a' d er6ice benefit for tCIA long-term. comprehensive, personnel Chairman, all ;tl a problems yormer.Espouses iW retiremerit'berie. i anagiment- goats gad: anttioortties for Will' make the best efforts ? of both :t s for certain former, spouses. the varius elements of the U.S. inteli- branches and the continued appoint- Another ,- adxnlriistratf. provision ;of genre community. .dent' of qualified professionals of In- . f;l3fir SChaIrman,'. H.R. =ally enjoys ?tegrity to meet the challenges of the `bill would create a eommfss the to Strong' bipartisan support ivithfn the next several years. The -committee Is 8ellt~e the r ?personnel ~ nty sand pepoit 'to committee and represents;' I '. believe, dedicated to do, its part.'. including the the product of an excellent working provisions of necessary funding, .but. it the'?Presf dent' th :and ?Cof enss, meat n 9 relationship :by both membera and will be difficult to convince,a'skeptical months of the date-~of :enactaeent, on staff : to'?cx-refuly assess the needs of .Souse of the validity of.- nittee :Re findings and iota i the atfons:' intelligence and =make recommends-.recommendations' without the :.basic H 3I12 raaintafirs the etatiis quo --lions that''s cotrsfsteYtt bvbh with the cooperation of all intelligence agencies :with respect`to'restrietforrs on;support national security and the state'of the and officials. I believe that director for kart ''ob parae~ilftary operations Nation's 'finances. `I viant"to'pay:trikr Webster is dedicated to restoring trust . ~$'b e~rryfng 4oraiard the ute to the .ranking tainority member of sad -coop'"' The committee enact language' contained hi`ast'yeaIn ' `the' coinm'ittee, H iY Hi, for ;his vrishes him well. HnteIIfgeri this :ill ' ion `Act " : ed -thoughtful and cooperative approach ; ~-,Mr. ;Chairman, I:reserve the" balance short, this bill :continues . hie1 t itged and,a-strong -vote.of -thans to Dxcm of my time. - ? ? . thetpolicy that-funds avatIati2etq'Lhe C xy. the ranizing~muiwrtty menrbar CIA, the Defense Departmeiit'or other off the Subcommittee on Program and :t] 1335 agencies =Eor jeititfes`:of--the 'United Budget Authorization who has worked Mr.'. HYDE Mr. Chairman, I yield States involved fn tutelltgeace.activl= . , .passed away..The_Yran/Contra -,Perniai>alit'Select?Gomniittee`on.'Intel- Committees of both the` House and ?ligence,' the ,.$HOnorable '16wA" .. Senate `have been -fuvestigating the Ac I3 D efts.-?I- -canxwt tivf i f hearings that have produced ,this bill, mission to , revise and extend his -re- Aad, Lastly, I.,tvant to ; pay --tribute .to marks.) ? the::hard work., dediratton. and high :.?.Mr.HYDE. It me , . first,-wr. professionalism.. of -:,the, :.committee Chairman,-what -a: genuine +pleasu a -It staff,.particularly that- of.the-&be Mori with -the chairman of ;this mittee,-onProgram-Budget-Au- committee, the- ; Honorable 'Y.ovrs .thorisation:: x ?x'`4 n Srosics of Cleveland. ;;13Fr: Chafiiiian this past' year Sias Bllr. -Chairman - I'have`served oa~the marked 'one of :upheavalfor'the-'U.5. committtee ender a previous chairman intelligence community. William Ism -Hsrm .vox of Indiana and I -know Casey. 'the.Direetor .of 'Central inteili=. well 'the :first chairman of the: House , ec a e ve ouse,to; -?4 t:, ~- , T among other actors,"Inthe conduct of gentiemen_;then:these three.-Ii-thought Mr "C app hairman,. 1~. I'y ve iel IL ,* d,3::mninutes?to those -operations. And, K is fair: to.say. It ..would be: pretty. -hard-,to -, top . Mr: the distinguished : gentleman; from WY - I. believe; -that :some very serious ques- $ and Mr.: Box ar~u, but ?I must -omirig [Mr.? -Cukrisvl ,whose --contribn- tions,.have been raised about the con. say Mr:-Sroxias is right up therewith tion to thl$'-bill and'to'Lhe work-of the duct ,of certain' intelligence :officers them. It is really a pleasure. -I have. committee Is' Invaluableand.the query of the control, dtrec- learned'a great deal. ;'1t8r: CHERRY. I Lharik the` gentte- guidance given the -Intell! -- I wanted to -say that and, as you man for.yielding. genre community on suchrmatters as :know,.?Mrr. Chairman, - Members take. Mr 'Chairman, =I willbe -very brief. the Boland amendment _ the credit but the staff does the work . Mr. Cli Judge William.Webster, formerlyi Di Both ihemaforIty and the minority tollvague,, ;st: ri;;I4tuant>to ~in;with e Bdr.`HYDu,,::ir- `thanking the rector- of the FBI, is Mutt' _thre;Director : staff, - although we 'on the. committee' chairman :of.the a,e omnitttee ? for. the of Central .Intelligence.,;He is Ohdule ?of Authorisations (referred to in jpp 101(s,)). entitled "Unauthorized Ap= motions for Reprogramming. , Fiscal feat 11837". shall be considered specifically authorised by Congress only for the pur- po s of section -502(5)(3) of the National ilacuriiy Act of 1947. - -, TfTIZ II--f4TELLI COMMUNITY STAFF ? .: Ap p* ZATIOP OF APPROPRIATIONS 880.201. There is authorized to be apPro- prIated for the intetigence Community 'Staff for fiscal year 1988 the -sum of $24,2 000. - ? ,AV=O13EATIOV OF PEaaONNEL CND,STRZOGTE SIC. 20L (a) The Intelligence;Community Staff to authorized 737 full-time personnel as of September 30, 1988. Such personnel Of the Intelligence . Community Staff may be permanent employees of the Intelligence Community .Staff or -personnel detailed from other elements -of the United States Government (b) During fiscal year 1988, .personnel of the Intelligence. Community Staff shall be selected so as to provide appropriate'repre- sentation from elements. of. the =United States Government engaged in Intelligence and intelligence-related activities. - - (c) During fiscal year 1988. any, officer or employee of the United States or a member of the Armed Forces who is detailed to'the Intelligence Community Staff-from another element of the United States Government shall be detailed on -a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursa- ble basis for a period of less than one-year for the performance of temporary functions as required by the Director of Central Intel- ligence. - - . .. . INTELLIGENCE COMMUNITY -STAFF- ADMINIS- TERED IN SAME MANNER AS CENTRAL INTELLI- GENCE AGENCY - SEC. 203. During fiscal year 1988, activities and personnel of the Intelligence.Communi- ty Staff shall be subject to the provisions of the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a, et seq.) in the same manner as activities-and person- nel of the Central Intelligence Agency. ' TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABII- ITY SYSTEM AUTHORIZATION OF APPROPRIATIONS SEC. 301. There is authorized to be appro- priated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1988 the sum of $134.700,000. TITLE IV-RETIREMENT AND DEATH IN SERVICE BENEFITS RETIREMENT BENEFITS SEC. 401. (a) Part C of title II of the Cen- tral Intelligence Agency Retirement Act of 1964 for Certain Employees is amended by adding at the end the following new section: "RETIREMENT BENEFITS FOR CERTAIN FORMER SPOUSES - "Sac. 225. `(a) Any individual -who was -a former spouse of & 'participant or a former participant on November 15, 1082, 'shall-:be entitled. to the extent of available appro- priations, and except to the extent such former spouse is disqualified under subsec- tion (b), to benefits- ? (1) if married to the participant through- out the creditable service of the participant, Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90B00017R000300670013-5 -- Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90B00017R000300670013-5 June 9, 1987 CONGRESSIONAL RECORD --HOUSE 'R 4321 ,fir.;.,,~.g-+ .....-.. ;i s?r?. i_ equal to 50 percent .of the benefits.of the banal t)i-smvtcaaz TITLE V_DOD1I&TIIlJt Pssu(Wror :t Sac.402.ta1Section 232(b) of the-Central PERSOI=I1iPRDVEKEt#'1'8 (2) 'if if not married to the participant 3ntcIDgense Agency Retirement Act of 1964 usA Cld1UUA I *W ALIAWAN( throughout such creditable service, sgQal to for Certain Employe 450 USC. 403(b) Pen of such .: I tuiz wr that, former Spouse's pro rats share of 5o note.) Is amended-- S. 501. (a) Chapter $3 of title 10. U~ted ( A former spouse es. elicit of be entitled (1) by inserting "(1)" before "If a partici. States Code. i6 Amended by inserting after to benefits under is under spthis ona cn pant"; section 1605 the following new aectlos~c_ "(1) a (2) by striking all that follows ' as defined the former s pOtlus'e rernasties before ?- -_--?-- _,,... _-, ?-- -, ?-- -? -- _ "61601.Civilian UaYorssAlbwavee e &Hnonth -app-t- requirement Wugenee Agency Retired a_Aet ,of 3964 titles of the jntelligence conxmui ity with s under this subparagraph in any case in far Certain Emistoyeef9 amended by insert- view to determining the adequacy of a ist- years of age. -1909 annuity under ieEtiOn 222(b), such ocwwa wv&%w 4Th "bW -P, vwrv a Ocaa,V "(cXl l The entitlement of a former spouse widow or widower shall be entitled to an an- Code, of funds appropriated annually for to benefits under this section- nutty equal to 55 percent of the annuity the Defense Intelligence Agency. the Becre- "(A) shall eornmenee on the later of- computed in accordance with paragraphs (2) for9 Defense ,is killa a tl pay a ach"(1) the day the participant upon whose and (3) of this subsection and section 223(a), form allowance for t ei Offices o etude the of the Defense Attache O!lfcea outside the United d service benefits are based becomes, entitled and any such surviving furmer spouse shall States who are regtdred by Agency regula- to benefits under this title;. - be entitled to an annuity computed AD ac- bons to wear a preserlbed Uniform in per- "di) the first day of the month In which cordance with section 2224b) and paragraph form&nce of official duties an amount not to the divorce or annulment. Involved becomes (2) of this subsection as if the participant exceed $380 annually, or such amount as Is final; or died after being entitled to an annuity Provided for similar employees of the De- (iii) such former spouse's 50th birthday; under this Act. The annuity of Such widow, partment of State, whichever is greater.'. and widower, or former spouse shall commence (b) The table of contents for chapter $3 of "(B) shall terminate on the earlier of- on the date following death of the partici- title 10, United States Code, is amended by "(i) the last day of the month before the pant and shall terminate upon death or re- 'adding at the end thereof the following: former spouse dies or remarries before 55 marriage prior attaining age sixty of the years of age; or "Sec. 1606. Civilian Uniform Allowance.". "(ii) the date the benefits of the partici= widow, widower, or former spouse (subject rcaxnvaazOxtUZ'1Noarrt-zusCIVE61Rrt pant terminate. to the payment. and restoration provisions srtrEO~ "(2) Notwithstanding paragraph (1). In of sections 221(g) and 222(bX3))."; and Ssa 502 Paragraph 1604(eXi) of title 1!0, ,the ease of any former spouse of a disability (3) by adding at the end the following new annuitant- paragraphs United States Code. Is amended by striking 19$7," and in- (A) the benefits of the former spouse (2) The annuity payable under Pere- serting during In lieu fiscal years thereof'-. 1986 and during fbcal year shall commence on the date the participant graph (1) shall be computed in accotdanee 1? - would qualify on the basis of his or her with section 221(a), except that the compu- . creditable service for benefits under this tation of the annuity of the participant raxsOm 1. MPNAGSMKNT AUTHORITY-DOD title (other than a disability annuity) or the under such section shalt- be At least the MILITARY nRBLLIGENCS PERS020m. date the disability annuity -begins, whichev- - amaller of (A) 40 percent of the partici- . Sac. 503. Paragraph 1590(eXI) of chapter er is later, and pant's average basic salary, or (B) the sum 81 of title 10, United States Code, is amend- "(B) the amount of benefits of the former obtained under such section after. tncreasing ed by. Striking ??, during fiscal year 1987;" spouse shall be calculated on the basis of the participant's service of the type last per- and inserting.in lieu thereof ". during fiscal benefits for which the participant would formed by the difference between the par- year 1988,". ? otherwise so qualify. tictpant's age at the time of death and age TITLE VI-STUDY OP IIYTEI LIGERCE ?(3) Benefits under this section shag be Sixty.' _ PERSONNEL SYSTEMS treated the same as an annuity under sec- "(3) Notwithstanding paragraph 41), if the comwrssro(v ow ratstaonrca rERsoalsa, lion 222(a)(6) for purposes of section participant had a former spouse qualifying - SYS S law. 2) or any comparable provision of -for an annuity under section 222(b), the an-'SZr_ 601. ~'(4XA) Benefits Under this Section nutty of a widow or widower under this Sec- There is hebereby ~ established d a a o co Puntroa: to ' shall lion shall be subject to the limitation of sec- not be payable unless appropriate written .Lion '3s, be subject and the annuity of a be known as the Commission on Intelligence application is provided to the Director, com- Personnel Systems. The Commission shall plete with any supporting documentation former spouse under this-section Shall be ?ooduct a comp ehendve review and eoI-- which the Director may by regulation re- -subject ' to the limitation of section partitive analysis-al -quire, within 30 months after the effective -222(b)(4XB)." rent arhd (wmpenaatbn gysteats.?aifeu ling date of this section. The-Director may waive fbXI) Section 222(oX2) of the-Centas) -eivljjaa.petwnneI-of a`geaties and other en- th "(By Upon approval of an application as provided udder subparagraph (A), the ap- propriate benefits shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such benefits under this section, but in no event shall ben- efits be payable under this section with re- spect to any period before the effective date of this section. "(d) The Director shall-- "(1) as soon as possible, but not later than 60 days after the effective date of this see- tion. issue such regulations as may be neces- sary to carry out this section; and "(2) to the maximum extent practicable, and as soon as possible, inform each Individ- ual who was a former spouse of a partici- pant or a former participant on November 15, 1982, of any rights which such individual may have under this section. "(e) Nothing In this section shall- be con- strued to impair. reduce, or otherwise affect the annuity or the entitlement to an annu- ity of a participant or former-pertielpaht under this title,". (b) Section 14(a) of the Central Intelli- genee Agency Act of 1949 is amended by in- serting "225," after "223, 234,". (2) Section 304 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees is amended- (A) in subsection (b) by inserting "and (3)" after "subsection (cX2)"; and - (B) in subsection Cc)- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5).-respectively; and (II) by inserting after paragraph (2) a new paragraph as follows: "(3) Section 232(b).". (3) Section 14(a) of the Central Intelli- gence Agency Act of 1949 450 U.S.C 403n(a)) is amended by insertft "232(b)," before "234(c), 234(d)," (e)(-1) Except as provided in paragraph (2), the amendments made by this section shall take effect on November 15, 1982, the effec- tive date of the Central Intelligence Agency Spouses' Retirement Equity Act of 1982 . (2) The amendment made by subsection (b)(2) shall take effect on January 1, 1987, the effective date of the Federal Employees' Retirement System Act of 1986. - -td) Nothing in this section or any amend- ment made by this section shall be eon- should be made in Such systems; ? 4b) Mraserss.--(1) The Cenmi sion Shall consist of three members. The President, the Speaker of the. Souse of Representa- tives (after consultation with the minority leader of the House), and the majority leader of the Senate . (after consultation with the minority leader of -the Senate) shall each appoint one member. The member appointed by the President shall be the chairman of the Commission. (2) Members of the Commission shall be appointed from among persons outside the Government who by reason of training, background, education, and experience In intelligence matters and personnel systems are highly qualified to study the matters de- scribed in subsection (a). (3) Members of the Commission Sbal2 be paid at the daily equivalent of the rate of basic pay payable for level IV of the Ebreeu- tive Schedule for each day (including travel- time) that they are-engaged in the business of the Commission. . (4) A member of the Commission shall not be considered to be -a Federal employee strued to require the-forfeiture by any it-di- (A) chapter 5I of title S. United States vidual of benefits received before the date Code, relating to compensation for work-re- of the enactment of this Act. lated injuries; and --I Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90B00017R000300670013-5 a'te' Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90B00017R000300670013-5 be available for the Commission. tions by this Act shall not be deemed to con- the end of the bull, add the following. (f) REPORT.-Not later than nine months stitute authority for the conduct of any in- after VII-MOUNT ALTO EMBASSY after the date of the enactment of this Act, telligenee activity which is not otherwise au. SITE the Commission shall submit to the Presi- thorized by the Constitution or laws of the dent and to Congress a report setting forth United States. ASSESSMENT or SOVIET ELECTRONIC ESPIONAGE its findings and conclusions and such recom- INCREASES IN EMPLOYEE BENEFITS AUTHORIZED CAPABILITY mendation (including recommendations for BY LAW SEC. 701. (a) REvIEW AND ASSESSMENT.- legiplation) as the Commission considers ap SEC 702. Appropriations authorized 'by The Secretary of Defense shall review and AMENDMENTS Act for salary, pay, retirement, and assess the present and potential capabilities DMIENTS OFFERED BY MR. STOKES other benefits for Federal employees may of the Government of the Soviet Union to .Mr. STOKES. Mr. Chairman, I offer be increased by such additional or supple- intercept United States communications in- several technical amendments.. mental amounts as may be necessary for in- -volving diplomatic, military, and intelli- The Clerk read as follows: ? . creases in such beneftis authorized by law. gence matters from factllties'on Mount Alto Mr. STOKBS lduring the reading). the District of Columbia The Secretary Amendments offered by Mr. STOESs: Page 11. line 13. insert?", to the extent of avail- shall submit to Congress a report 'On such able appropriations," after "shall be enti- Mr. Chairman, I ask unanimous eon-.-`review. and assessment not later_ than 90 tled". sent that the amendments be consid- days after the dale-of the-enactment-of this Page 11. line 17 insert ", to the extent of ered as read and printed in the Act ` available appropriations," after "shall be en- RECORD, and that they be considered (b) DETERMINATION Or CONSISTENCY WITH titled". en bloc. NATIONAL Sscuairy.-The report required Page 13. strike out line 20 and all that fol- ' The CHAIRMAN. Is there objection by subsection (a) shall include a determina- lows through line 25 on page 14 and insert to the request of the gentleman from tion by the Secretary of Defense as to in lieu thereof the following. - Ohio? whether or not the present and proposed oc- TITLE V-DEFENSE INTELLIGENCE There was no objection. cupation of facilities on Mount Alto by the PERSONNEL IMPROVEMENTS STOKES. Mr. Chairman, these Government of the Soviet Union is consist- amendments, which have been cleared ent with the national security of the United DIA CIVILIAN UNIFORM ALLOWANCE Mr. States. 501. (a) COMPARABILITY WITH STATE with the ranking minority member, . DEPARTMENT EM PLOYEEs.-Chapter 83 of CLASSIFICATION Or I sbe be report submit- title l0, United States Code, is amended by the gentleman from Illinois, are tech- required bysuh~sectioa (aa) 3 shall h adding at the end thereof the following new nical in nature. led in both a classified and unclassified section: The amendment to title IV adds Ian- form except that the determination re- '11606. Uniform allowance civilian employees' guage contained in section 401 that quired by subsection (b) shall be submitted inadvertently omitted from sea Man unclassified forma. "(a) The Secretary of Defense may pay an was lion 402. The language is necessary to (d) LnUTfewI 09 DONS-TION . The Seo. allowance under this section to any civilian yetary Defam MY not delegate the duty employee of the Defense 'Intelligence cure what the Budget Committee jo mate the detsrtdttatloEl required by sub- Agency who- deems to be a technical violation of gpetiOn (b). "(1) is assigned to, .a Defense Attache section 401(b)(1) of the Budget Act, ~~~ 1W W Office outside the United States; and. concerning new entitlement authority. , "(2) is required by regulation to Near a The amendment to title V. which is Ur- BiRO Mr.'Chairman, prescribed uniform in performance of offi a technical redraft of title V. as re- i attar so ~, cial duties." ported, corrects style errors and pNOW as follow* (b) Notwithstanding section 5901(a) of pones the effective date these p post- st- Ati"d by Mr. BROOMrIELD: title 5. b the amount of heifollowing, such allowance sions until October 1. 1987. To avoid a Mr` > CMPIli'"LD (during the wail be the amount greater of the provided edfor employees technical violation of clause 5 of rule ~ ` I hairman, I' ask unani- " The of (1) the Department amounof State assigned to post- =, for which the rule adopted for ([$fli that the amendment be Code. relating to tort claims. y re11. on to wears prescribed ot1f1 waiver. (c) STArr.-(1) The Commission may in performance of official'duties, The amendment to title VI .cures (without regard to section 5311(b) of title 5, "(2)-$380 per year. - mmittee deems to United States Code) appoint an executive "(c) An allowance paid under this seetioli what a technical the o Budget C Coommit of section director, who shall be paid at a rate not to shall be treated in the same maaaet v is exceed the rate of basic pay payable for provided in subsection (c) of section 5901 of 302(f) of the Budget Act, concerning level IV of the Executive Schedule. title 5 for an allowance paid under that sea- program level ceilings. (2) The Commission may appoint such ad- lion.". The last amendment adds a new title ditional staff as it considers appropriate. (b) CLERICAL AMENDMENT.-The table of VII to the bill. containing general. pro- Such personnel shall be paid at a rate not to sections at the beginning of such chapter is visions heretofore included in each of exceed the rate of basic pay payable for amended by adding at the end thereof the ne authorization grade OS-18 of the General Schedule under following new item: the the going back ck el efience year oriz, and 1979 section 5332 of title 5, United States Code. "1606, Uniform allowance: civilian employes.". acts (3) The executive director and staff of the inadvertently omitted from the bill as EXTENSION Or SPECIAL TERMINATION AUTHOR- Commission egard may appointed without ITY FOR CERTAIN DOD INTELLIGENCE EMPLOY- In regard regard to the Provisions of title ed 5, United acs n rard to the amendments cor- States Code, governing appointments in the recting technical violations of the executive -branch and may be paid without Sac. 502. (a) DEFENSE INTELLIGENCE Budget Act, the appropriate technical regard to the provisions of chapter 51 and AGENCY.--Section 1604(eXl) of title 10, letters the were sent -to the Rules subchapter III of chapter 53 of such title re- United States Code, is amended by striking Waiver Act, lating le to classification and General ached- ino "during serting Inn lieu 1986 and 1987" and u "during fiscal year and the t rule adopted contains tthheireq ule pay rates. (4) The Commission may procure tempo- 1988". uisite waivers. rary and intermittent services under section (b) MILITARY DEPARTMENTS.-Section Mr. HYDE. Mr. Chairman, will the 3109(b) of title 5. United States Code. 1590(eXl) of such title is amended by strik. gentleman yield? (d) SUPPORT.-Upon request of the Com- Ing out "during fiscal year 1987" and Insert, STOKES. I yield to the gentle mission, the Director of Central Intelli- lag in lieu thereof "during fiscal year 1988". Mr. from Illinois. gence, the Director of the Intelligence Com- EFFECTIVE DATE man HYDE. I thank the. gentleman munity Staff, and the heads of the elements Sac. 503. The amendments made by this Mr. of the intelligence community may detail title shall take effect on October 1. 1987. for yielding. personnel under their jurisdiction to the Page 18, line 2, insert "a rate not to Mr. Chairman, the minority agrees car- Commission to assist the Commission in and exceed" after "daily equivalent of'. with the statement of the committee may in provide Its the order this section and Page 17, after line 22, Insert the following chairman and asks for adoption of the mrouto the Commission - new title: technical amendments. may require. support services as the he such adman Commission TITLE VIII-GENERAL PROVISIONS The CHAIRMAN. The question is on (e) FUNDING.-Of INC.-Of the amount available to RESTRICTION OF CONDUCT OF INTELLIGENCE the amendments offered by the Hen-. the Intelligence Community Staff for fiscal ACTIVITIES tleman from Ohio (Mr. STOKES). year 1988 under section 201, $500,000 shall SEC. 701. The authorization of appropria- The amendments were agreed to. At (B) chapter 171 of title 28, United States lions outsidetheValted states imdr consideration of this bill- j:ranted a 1 Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90B00017R000300670013-5 ONI&RFSS 0144 REt7C3 ~." . SB y une 9,.1!987 Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90B00017R000300670013-5 June 9, 1987 ;.CONGRESSIONAL RECORD mss: HOUSE 'R 4323... considered as,read and pr1ted In the thorization Act for: Fiscal Year 1988. It,:tleman froni-3'exaa?tMt. BtisrtM*-Nrs] ItECORn? is acceptable to the committee. .,is recognized fdr. Minutes. : The CHAIRMAN. Is there objection Mr. BROOMFIELD. Mr. Chairman, [Mr. BUSTAMANTE addressed the to the request of the gentleman from I thank the chairman of the commit- House. His remarks will appear hereaf- Michigan? tee. ter in the Extensions of Remarks.] There was no objection. Mr. HYDE. Mr. Chairman, will the Mr. BROOMFIELD. Mr. Chairman, gentleman yield? I have discussed this with the chair- Mr. BROOMFIELD. I yield to the FEDERALLY MANDATED man and the ranking member, but I ranking minority member. EMPLOYEE BENEFITS would like to take a moment or two to Mr. -HYDE. Mr. Chairman, I thank explain briefly what' this amendment the gentleman for yielding. The SPEAKER pro tempore. Under does. We. too, have examined this amend- - a previous order of the House, the gen- course, counsult the Secretary I of State, the Director of Central Intelli- gence, and the Director of the FBI before making the determination and report required by the amendment. The amendment will ensure that the President and the Congress have im- portant information they need to de- termine how best to protect United States diplomatic, military, and intelli- gence activities from Soviet espionage. 'I urge my colleagues to support the amendment. to proceed on the reciprocal questions The SPEAKER pro tempore. Under of Soviet use of Mount Alto and the rule, the previous question -i5 or- United States use of the proposed new dered. United States Embassy in Moscow. Is a separate vote demanded on any As the Executive agent of the U.S. amendment? If not, the Chair will put Government for communications secu- them en gros. rity, the Secretary of Defense is the The amendments were agreed to. appropriate officer of the Governm6fit ? The bill was ordered to be engrossed to 'conduct the evaluation.- and read a third time, was read the After making his review and assess- third time, and passed, and a motion ment, the Secretary of Defense will of to reconsider was laid on the table. quires the Secretary of Defense to assess the communications security impact of Soviet use of Mount Alto in the District of Columbia, andto.report -thereon to the Congress. - The amendment is Identical '.to the amendment I offered that the House adopted 3 weeks ago as part of the De- fense Authorization Act. The Soviet Union uses its diplomatic facilities in the United :States to engage in electronic espionage de- signed . to intercept sensitive United States communications. 'Consequently, the proposed new Soviet Embassy on Mount Alto poses serious concern for the security of United States Government diplomatic, military, and intelligence communica- tions. The amendment I have offered will make available to -the President and the Congress a thorough evaluation of the effect of Soviet use of Mount Alto on the Security of United States com- munications. That evaluation will assist in im- proving the security of United States communications and in deciding how 0 1350 Mr. STOKES. Mr. Chairman, will the gentleman yield? - Mr. BROOMFIELD. I am happy to yield to the committee chairman. Mr. STOKES. Mr. Chairman, as the gentleman from Michigan has noted, this amendment was adopted by the House during consideration of H.R. 7128, the Department of Defense Au- Mr. Chairman, my amendment re- ment. It is an excellent amendment, tleman from Alabama [Mr. Flippo] is and we are pleased to accept it. recognized for 5 minutes. - The CHAIRMAN. The question is on . Mr. FLIPPO. Mr. Speaker, I rise today to call the amendment offered by the gentle- attention to House Resolution 188, which pro- man from Michigan [Mr. BROOM- motes responsible consideration of small busi- FIErnJ. ness and the overall-economy whenever fed- The amendment was agreed to. orally mandated employee -benefits are en- The CHAIRMAN. Are there any ad- -acted. - - ? .. .ditional amendments to the bill? - As an original sponsor of this resolution, I ? -If not, under the rule, -the Commit- strongly support ? the Ideal that Congress tee-rises. - - - - -should always seek -to promote economic Accordingly the Committee rose; growth and Improvements in our country's and the Speaker pro tempore [Mr. quality of life. Yet, -to advance these goals, PENNY], having assumed the chair, Mr. Congress must be fully informed of the effect BEILENsoN, Chairman of the Commit- of Federal legislation on the Nation's econo- tee of the Whole House on the State my and our competitive position in intemation- of the Union. reported that that Com- al markets. mittee, having had under consider- Since the Federal Government cannot ation the bill (H.R. 2112) to authorize afford to fund new employee benefits because appropriations for fiscal year 1988 for of current budget deficit burdens, It is a seem- intelligence and intelligence-related Government for ingly attractive option to pass the costs of activities of the U S . Such actions affect immediately millions of the Central Intelligence Agency Re- small businesses atte tig to tirement and Disability System, and mP or grow and pro- opportunities. -for other purposes, pursuant to House vide new 0employment th C The 10llth C s o ongr gress is now con idering Resolution 187, he reported the bill back to the House with sundry amend. several bills which address :important issues ments adopted by -the Committee of affecting the American people and their. work-' the Whole. :places. This resolution does not prejudge the GENERAL LEAVE Mr. STOKES. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on the bill just passed. . The SPEAKER pro tempore. Is there objection to the request of the gentleman from Ohio? There was no objection. The SPEAKER pro tempore. Under a previous order of the House, the gen- tlewoman from Illinois [Mrs. Coia.nvs] is recognized for 5 minutes. [Mrs. COLLINS addressed the House. Her remarks will appear here- after in the Extensions of Remarks.] The SPEAKER pro tempore. -Under a previous order of the House, the gen- meets of any one of these initiatives. House Resolution 188 does call on each House com- mittee reporting legislation that requires em- ployers to provide new employee benefits, to secure an objective analysis-of the impact-of federally maodated benefits on employers, es- pecially small business, the general economy, and the employees, for whom the real issue is still the job. The SPEAKER pro tempore. Under a previous order of the House, the gen- tleman from Ohio [Mr. PEASE] is rec- ognized for 5 minutes. [Mr. PEASE addressed the House. . His remarks will appear hereafter in the Extensions of Remarks.] The SPEAKER pro tempore. Under a previous order of the House, the gen- tleman from Virginia [Mr. OLrN] is recognized for 60 minutes. [Mr. OLIN addressed the House. His remarks will appear hereafter in the Extensions of Remarks.] The SPEAKER pro tempore. Under a- previous order of the House, the gen- tleman from Wisconsin [Mr. MOODY]' is recognized for 60 minutes. [Mr. MOODY addressed the House. His remarks will appear hereafter in the Extensions of Remarks.] Declassified in Part - Sanitized Copy Approved for Release 2011/12/08: CIA-RDP90B00017R000300670013-5 --------