FIRST DRAFT - FY '88 INTELLIGENCE AUTHORIZATION BILL: REQUEST FOR COMMENTS BY 12/21/86

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90B01390R000901150018-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 27, 2016
• Document Release Date: December 9, 2010
• Sequence Number: 18
• Publication Date: December 2, 1986
• Content Type: MEMO

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OCA 86-3968
2 December 1986
MEMORANDUM FOR: (See Addressees)
FROM: Deputy Director for Legislation STAT
Office of Congressional Affairs
SUBJECT: First Draft - FY '88 Intelligence Authorization
Bill: Request for Comments by 12/21/86
1. Attached for your review and comment please find a copy
of the first draft of the Intelligence Authorization bill for
Fiscal Year 1988.? We ask for your comments by 21 December,
1986. Thereafter, unless substantive revisions are required and
necessitate a recirculation, the bill will be forwarded to the
Director of Central Intelligence for his review and approval. It
will then be sent to the office of management and Budget (OMB)
'for Administration clearance before it is transmitted to the
Congress.
2. We are making an extra effort this year to obtain
Administration clearance sufficiently early to allow the DCI to
transmit the bill to the 100th Congress when it convenes in
January 1987. Accordingly, we intend to adhere closely to all
comment deadlines.
3. Title I, II, III and IX of the bill are routine and
similar to comparable provisions contained in the Fiscal Year
1987 Intelligence Authorization Act (P.L. 99-569). Your
attention is directed to the following provisions.
Title IV
4. Foreign Agents Registration Act Amendments. Section 401*
is a proposal to amend the Foreign Agents Registration Act to
mandate that a failure to register by one otherwise required to
do so could not be cured by a subsequent registration, i.e., the
individual failing to register would still be liable to
prosecution for the failure despite subsequent registration. It
also increases the criminal penalties for violations of the Act.
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5. FBI CI Access to Tax Records. Section 402, a proposal
originated by the Federal Bureau of Investigation (FBI), is likely
to receive support in the Congress if it is included in the final
version of the Authorization bill. However, the Internal Revenue
Service (IRS) has thus far refused to concur in this provision.
It is important that a resolution be reached fairly soon on
whether the FBI will be permitted access to tax records without a
court order in counterintelligence investigations. The proposal
did receive Community support last year.
6. Army Amendment to Intelligence Identities Act. Section
403 is an Army proposal to amend the Intelligence Identities
Protection Act of 1982 so as to add two new categories of human
intelligence sources to those already protected by that Act. To
date, some sentiment has been expressed not to "reopen" the
identities legislation at this time. In addition, with particular
regard to the amendments made by subsection (b), it should be
noted that the conferees on the original identities legislation
apparently considered but rejected inclusion of a similar category
of sources within the Act's protections (House Report No. 97-580,
p. 11). It should also be noted that as drafted this category
could include sources not only of the Army intelligence but also
of the Central Intelligence Agency (as well as perhaps other
agencies in the Community).
Title V - DOD Proprietaries
7. Title V is the version of the Department of Defense (DOD)
"proprietaries" legislation which at the request of DOD has been
included in the previous years' versions of the draft bill. To
date, the oversight committees have not included this legislation
in their versions of the bill. It should be noted, however, that
the almost identical authority was recently granted by the
omnibus, anti-drug bill (P.L. 99-570) to the Customs Service in
order to combat drug smuggling.
Title VI - DOD Personnel Improvements
8. Contained in Title VI are various proposals to
extend/improve personnel benefits of employees of the Defense
Intelligence Agency and the National Security Agency (NSA). Also
included are proposals to make permanent authorities granted in
FY '87 on a one-year basis: permanent termination authority for
Secretary of Defense over DIA employees; similar authority for
Secretary of Defense of military intelligence personnel; and,
permanent authority for military personnel to accept DCI awards.
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Section 608 is a proposal to exempt DIA from any statutory
requirement to disclose organizational, functional or personnel
information. It is similar in nature to the exemptions currently
enjoyed by CIA and NSA in this area.
Title VII - NSA Proposals
9. Included in this title are various provisions relating to
NSA including an extension of so-called "S uillacote" back pay
awards to members of the NSA Senior Cryptological Service and a
proposal to place controls on foreign cryptography. As of this
date, not all supporting analytical sections for these provisions
had been received. We expect their receipt within the next few
days and will forward them, as appropriate, when received. In the
meantime, however, in view of the time constraints in the comment
process, the provisions are being circulated with the missing
sections noted.
Title VIII - General DOD Proposals
10. Title VIII contains proposals submitted by DIA which
would exempt the National Foreign Intelligence Program (NFIP)
programs of the DOD from various budgetary cuts and personnel
ceilings imposed generally on the Department of Defense as well as
giving special contract authority for personal services to the
heads of intelligence components of DOD. It has been
preliminarily suggested that it may be more appropriate to address
these issues in the context of the DOD authorization/
appropriations process. In addition, a question has been raised
as to whether DOD already has sufficient authority to accomplish
personal service contracting and whether this authority should be
extended further.
11. We look forward to your prompt response.
STAT
Attachment:
as noted
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2 December 1986
OCA 86-3968
SUBJECT: First Draft - FY '88 Intelligence Authorization Bill:
Request for Comments by 12/21/86
OCA/LEG/
(2 Dec 86 )
STAT
External Distribution:
Orig. - Director, ICS
1 - Director, CCISCMS
1 - IC Staff
2 - NSC Staff (deGraffenreid/Thompson)
1 - State Department (Joan Donoghue)
1 - DoJ (Jack Perkins)
1 - FBI (Larry Rissler)
1 - DoD (Col. Jon Anderson/LA)
1 - DoD General Counsel (Mike Cifrino)
1 - DOA (Winchester)
1 - NSA
3 - DIA
STAT
STAT
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2 December 1986
OCA 86-3968
First Draft - FY '88 Intelligence Authorization Bill:
Request for Comments by 12/21/86
OCA/LEG
(2 Dec 86) STAT
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OCA/LEG/Subject File: FY '88 Intell. Auth. Bill
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