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99TH CONGRESS } REPT. 99-106
1st Session } 4OUSE OF REPRESENTATIVES { Part 2
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1986
MAY 23, 1985.-Committed to the Committee of the Whole House on the State of the
Union and ordered to be printed
Mr. ASPIN, from the Committee on Armed Services,
submitted the following
REPORT
[To accompany H.R. 2419]
The Committee on Armed Services, to whom was referred the
bill (H.R. 2419) to authorize appropriations for fiscal year 1986 for
intelligence and intelligence-related activities of the U.S. Govern-
ment, the Intelligence Community Staff, and the Central Intelli-
gence Agency Retirement and Disability System, and for other pur-
poses, having considered the same, report favorably thereon with-
out amendment and recommend that the bill do pass.
H.R. 2419 would authorize appropriations and related matters for
fiscal year 1986, for certain Department of Defense intelligence-re-
lated activities within the jurisdiction shared by the Committee on
Armed Services and the Permanent Select Committee on Intelli-
gence pursuant to the provisions of clause 1(c), rule X and clause
2(b), rule XLVIII of the Rules of the House of Representatives, and
title 10, United States Code, section 138.
SEQUENTIAL REFERRAL
H.R. 2419 was originally referred only to the Permanent Select
Committee on Intelligence. Because Department of Defense intelli-
gence-related activities are shared jointly with this committee and
the select committee, pursuant to clause 1(c), rule X and clause
2(b), rule XLVIII of the Rules of the House of Representatives, the
bill was sequentially referred on May 15, 1985, for consideration of
those areas within the jurisdiction of this committee for a period
ending not later than May 24, 1985.
51-0060
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BACKGROUND AND DISCUSSION
The committee exercised its oversight jurisdiction, as shared with
the Permanent Select Committee on Intelligence, with regard to
those Department of Defense intelligence-related activities items
that fall within the authorization authority of the committee as
contained in title 10, United States Code, section 138.
In anticipation of the sequential referral of H.R. 2419, the Com-
mittee on Armed Services, in its report on H.R. 1872 (House Report
99-81), the Department of Defense Authorization Act for fiscal year
1986, reflected the agreement of this committee on those intelli-
gence-related activities items.
Because the specific figures in the Department of Defense intelli-
gence-related activities accounts are classified, they are included
only in the classified annex of the report on H.R. 2419 prepared by
the Permanent Select Committee on Intelligence.
The programs approved were a part of the overall program sub-
mitted by the Department of Defense for authorization for appro-
priations for fiscal year 1986.
COMMITTEE POSITION
The report of the Committee on Armed Services on H.R. 1872
(House Report 99-81), the Department of Defense Authorization
Act for fiscal year 1986, reflects the agreement of this committee
on those intelligence-related activities items contained in H.R. 2419
that fall within the jurisdiction of this committee. The committee
on May 8, 1985, a quorum being present, agreed to report H.R.
1872, by rollcall vote of 39 to 7, which agreement was confirmed by
the committee with regard to intelligence-related activities on May
22, 1985, a quorum being present, by voice vote.
Five year cost projection
Pursuant to clause 7, rule XIII of the Rules of the House of Rep-
resentatives, the committee reports that the cost estimate for fiscal
years 1986 and the following five years as they relate to specific ac-
tions by the committee are included in the classified annex of the
report on H.R. 2419 prepared by the Permanent Select Committee
on Intelligence. Accordingly, the committee adopts the comments
of the select committee in part 1 of the report on H.R. 2419, as they
relate to matters within the jurisdiction of the Armed Services
Committee.
Congressional Budget Office estimate
In compliance with clause 2(1)(3XC), rule XI of the Rules of the
House of Representatives, the committee adopts the comments of
the Permanent Select Committee on Intelligence in part 1 of the
report on H.R. 2419, indicating that the committee has received no
report from the Congressional Budget Office. However, pertinent
programs under the jurisdiction of the Armed Services Committee
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were reflected in the Congressional Budget Office report on H.R.
1872.
Inflation-impact statement
In compliance with clause 2(1)(4), rule XI of the Rules of the
House of Representatives, the committee adopts the position of the
Permanent Select Committee on Intelligence in part 1 of the report
on H.R. 2419, as it relates to matters within the jurisdiction of the
Armed Services Committee.
With reference to clause 2(1)(3)(D), rule XI of the Rules of the
House of Representatives, the committee has not received a report
from the Committee on Government Operations pertaining to this
subject matter.
In compliance with clause 2(b)(1), rule X of the Rules of the
House of Representatives, the committee reports that it reviewed
carefully in conjunction with reporting H.R. 1872, the Department
of Defense Authorization Act for fiscal year 1986, the various as-
pects of intelligence-related activities of the Department of De-
fense. This review was equally pertinent to those same programs as
reflected in the classified annex of the report on H.R. 2419 pre-
pared by the Permanent Select Committee on Intelligence. That
review constitutes but one element of the continuing examination
of the national defense and intelligence establishments as a major
segment of the committee's oversight responsibilities with regard
to national security.
CHANGES IN EXISTING LAW
Changes in existing law are contained in Part 1 of the report.
SUMMARY
Background and purpose
H.R. 2419 would authorize appropriations and related matters for
fiscal year 1986, for certain Department of Defense intelligence-re-
lated activities within the jurisdiction shared by the Committee on
Armed Services and the Permanent Select Committee on Intelli-
gence pursuant to the provisions of clause 1(c), rule X and clause
2(b), rule XLVIII of the Rules of the House of Representatives.
Because the matters acted on by the committee were confined ba-
sically to classified items in the Department of Defense intelli-
gence-related activities category, the committee recommendations
are reflected in the classified annex to the report on H.R. 2419 pre-
pared by the Permanent Select Committee on Intelligence. This
committee and the select committee reached an agreement on all
matters that were jointly considered.
Fiscal data
The estimate of costs for fiscal year 1986 and the following five
years as they relate to the specific recommendations for the De-
partment of Defense intelligence-related activities are included in
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the classified annex to the report on H.R. 2419 prepared by the
Permanent Select Committee on Intelligence.
Departmental position
The programs approved were a part of the overall program sub-
mitted by the Department of Defense for authorization for appro-
priations for fiscal year 1986.
Committee position
The Committee on Armed Services on April 11, 1984, agreed to
report by a rollcall vote of 39 to 7, H.R. 1872, the fiscal year 1986
Department of Defense Authorization Act, that reflects the agree-
ment of the committee on those intelligence-related activities items
contained in H.R. 2419. The committee reconfirmed that action on
May 22, 1985, a quorum being present, by voice vote.
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99TH CONGRESS
1ST SESSION He R
Calendar No. 239
.2419
IN THE SENATE OF THE UNITED STATES
JULY 22 (legislative day, JULY 16), 1985
Received; read twice and placed on the calendar
AN ACT
To authorize appropriations for fiscal year 1986 for intelligence
and intelligence-related activities of the United States Gov-
ernment, the Intelligence Community Staff, and the Central
Intelligence Agency Retirement and Disability System, and
for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Intelligence Authoriza-
4 tion Act for Fiscal Year 1986".
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1 TITLE I-INTELLIGENCE ACTIVITIES
2 AUTHORIZATION OF APPROPRIATIONS
3 SEC. 101. Funds are hereby authorized to be appropri-
4 ated for fiscal year 1986 for the conduct of the intelligence
5 and intelligence-related activities of the following elements
6 (or offices, agencies or subelements thereof) of the United
7 States Government:
8 (1) The Central Intelligence Agency.
9 (2) The Department of Defense.
10 (3) The Defense Intelligence Agency.
11 (4) The National Security Agency.
12 (5) The Department of the Army, the Department
13 of the Navy, and the Department of the Air Force.
14 (6) The Department of State.
15 (7) The Department of the Treasury.
16 (8) The Department of Energy.
17 (9) The Federal Bureau of Investigation.
18 (10) The Drug Enforcement Administration.
19 CLASSIFIED SCHEDULE OF AUTHORIZATIONS
20 SEC. 102. The amounts authorized to be appropriated
21 under section 101, and the authorized personnel ceilings as of
22 September 30, 1986, for the conduct of the intelligence and
23 intelligence-related activities of the elements (or offices,
24 agencies or subelements thereof) listed in such section, are
25 those specified in the classified Schedule of Authorizations
26 prepared by the Permanent Select Committee on Intelligence
HR 2419 PCS
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1 to accompany H.B. 2419 of the Ninety-ninth Congress. That
2 Schedule of Authorizations shall be made available to the
3 Committees on Appropriations of the Senate and House of
4 Representatives and to the President. The President shall
5 provide for suitable distribution of the Schedule, or of appro-
6 priate portions of the Schedule, within the executive branch-
7 AUTHORIZATION OF APPROPRIATIONS FOR OOUJITBRTER-
8 RORISM AOTMTIES OF THE FEDERAL BUREAU OF
9 INVESTIGATION
10 SBc. 103. In addition to the amounts authorized to be
11 appropriated under section 101(9), there is authorized to be
12 appropriated for fiscal year 1986 the sum of $15,200,000 for
13 the conduct of the activities of the Federal Bureau of Investi-
14 gation to counter terrorism in the United States.
15 PERSONNEL CEILING ADJUSTMENTS
16 SEC. 104. The Director of Central Intelligence may au-
17 thorize employment of civilian personnel in excess of the
18 numbers authorized for the fiscal year 1986 under sections
19 102 and 202 of this Act when he determines that such action
20 is necessary to the performance of important intelligence
21 functions, except that such number may not, for any element
22 (or offices, agencies or subelements thereof) of the Intelli-
23 Bence Community, exceed 2 per centum of the number of
24 civilian personnel authorized under such sections for such ele-
25 ment. The Director of Central Intelligence shall promptly
26 notify the Permanent Select Committee on Intelligence of the
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1 House of Representatives and the Select Committee on Intel-
2 ligence of the Senate whenever he exercises the authority
3 granted by this section.
4 PROHIBITION ON COVERT ASSISTANCE FOR MILITARY
5 OPERATIONS IN NICARAGUA
6 SEC. 105. During fiscal year 1986, no funds available to
7 the Central Intelligence Agency, Department of Defense, or
8 any other agency or entity of the United States involved in
9 intelligence activities may be obligated or expended, directly
10 or indirectly, for material assistance to the Nicaraguan demo-
11 cratic resistance including arms, ammunition, or other equip-
12 ment or material which could be used to inflict serious bodily
13 harm or death, or which would have the effect of providing
14 arms, ammunition or other weapons of war for military or
15 paramilitary operations in Nicaragua by any group, organiza-
16 tion, movement or individual.
17 TITLE II-INTELLIGENCE COMMUNITY STAFF
18 AUTHORIZATION OF APPROPRIATIONS
19 SEC. 201. There is authorized to be appropriated for the c
20 Intelligence Community Staff for fiscal year 1986 the sum of
21 $21,000,000.
22 AUTHORIZATION OF PERSONNEL END-STRENGTH
23 SEC. 202. (a) The Intelligence Community Staff is au-
24 thorized two hundred and thirty-three full-time personnel as
25 of September 30, 1986. Such personnel of the Intelligence
26 Community Staff may be permanent employees of the Intelli-
HR 2419 PCS
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1 gence Community Staff or personnel detailed from other ele-
2 ments of the United States Government.
3 (b) During fiscal year 1986, personnel of the Intelli-
4 gence Community Staff shall be selected so as to provide
5 appropriate representation from elements of the United
6 States Government engaged in intelligence and intelligence-
7 related activities.
8 (c) During fiscal year 1986, any officer or employee of
9 the United States or a member of the Armed Forces who is
10 detailed to the Intelligence Community Staff from another
11 element of the United States Government shall be detailed on
12 a reimbursable basis, except that any such officer, employee,
13 or member may be detailed on a nonreimbursable basis for a
14 period of less than one year for the performance of temporary
15 functions as required by the Director of Central Intelligence.
16 INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN
17 SAME MANNER AS CENTRAL INTELLIGENCE AGENCY
18 SEC. 203. During fiscal year 1986, activities and per-
19 sonnel of the Intelligence Community Staff shall be subject to
20 the provisions of the National Security Act of 1947 (50
21 U.S.C. 401 et seq.) and the Central Intelligence Agency Act
22 of 1949 (50 U.S.C. 403a et seq.) in the same manner as
23 activities and personnel of the Central Intelligence Agency.
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1 TITLE III--CEN T'BAL INTELLIGENCE AGENCY
2 RETIREMENT AND DISABILITY SYSTEM
3 AUTHORIZATION OF APPROPRIATIONS
4 SEc. 301. There is authorized to be appropriated for the
5 Central Intelligence Agency Retirement and Disability Fund
6 for fiscal year 1986 the sum of $101,400,000.
7 TITLE IY-PROVISIONS RELATING TO
8 INTELLIGENCE AGENCIES
9 SEc. 401. (a) Title V of the National Security Act of
10 1947 (50 D.S.C. 413), relating to accountability for intelli
11 gence activities, is amended by adding at the end thereof the
12 following:
13 "NOTICE TO CONGRESS OF CERTAIN EXPENDITURES AND
14 CERTAIN TRANSFERS OF DEFENSE ARTICLES
15 "SEc. 502. (ax1) Funds available to an intelligence
16 agency may be obligated or expended for an intelligence or
17 intelligence-related activity only if-
18 "(A) those funds were specifically authorized by
19 the Congress for use for such activity; or
20 "(B) in the case of funds from the Reserve for
21 Contingencies of the Central Intelligence Agency and
22 consistent with the provisions of section 501 of this
23 Act concerning any significant anticipated intelligence
24 activity, the Director of Central Intelligence has noti-
25 fied the appropriate congressional committees of the
^Z41ltcs
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1 intent to make such funds available for such activity;
2 or
3 "(C) in the case of funds specifically authorized by
4 the Congress for a different activity-
5 "(i) the activity to be funded is a higher pri-
6 ority intelligence or intelligence-related activity;
7 "(ii) the need for funds for such activity is
8 based on unforeseen requirements; and
9 "(iii) the Director of Central Intelligence or
10 the Secretary of Defense has notified the appro-
11 priate congressional committees of the intent to
12 make such funds available for such activity.
13 "(2) Funds available to an intelligence agency may not
14 be made available for any intelligence or intelligence-related
15 activity for which funds were denied by the Congress.
16 "(b)(1) The transfer of a defense article or defense serv-
17 ice exceeding $1,000,000 in value by an intelligence agency
18 to a recipient outside that agency shall be considered a signif-
19 icant anticipated intelligence activity for the purpose of sec-
20 tion 501 of this Act.
21 "(2) Paragraph (1) does not apply if-
22 "(A) the transfer is being made to a department,
23 agency, or other entity of the United States (so long as
24 there will not be a subsequent retransfer of the defense
25 articles or defense services outside the United States
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12
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Government in conjunction with an intelligence or in-
telligence-related activity); or
"(B) the transfer-
"(i) is being made pursuant to authorities
contained in part II of the Foreign Assistance Act
of 1961, the Arms Export Control Act, title 10 of
the United States Code (including a law enacted
pursuant to section 7307(b)(1) of that title), or the
Federal Property and Administrative Services Act
of 1949, and
"(ii) is not being made in conjunction with an
intelligence or intelligence-related activity.
"(3) An intelligence agency may not transfer any de-
14 fense articles or defense services outside the agency in con-
15 junction with any intelligence or intelligence-related activity
16 for which funds were denied by the Congress.
17 "(c) As used in this section-
18 "(1) the term `intelligence agency' means any
19 department, agency, or other entity of the United
20 States involved in intelligence or intelligence-related
21 activities;
22 "(2) the term `appropriate congressional commit-
23 tees' means the intelligence committees and the Com-
24 mittee on Appropriations of each House;
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1 "(3) the term `intelligence committees' means the
2 Permanent Select Committee on Intelligence of the
3 House of Representatives and the Select Committee on
4 Intelligence of the Senate;
5 "(4) the term `specifically authorized by the Con-
6 gress' means that-
7 "(A) the activity and the amount of funds
8 proposed to be used for that activity were identi-
9 fied in a formal budget request to the Congress,
10 but funds shall be deemed to be specifically au-
11 thorized for that activity only to the extent that
12 the Congress both authorized the funds to be ap-
13 propriated for that activity and appropriated the
14 funds for that activity; or
15 "(B) although the funds were not formally
16 requested, the Congress both specifically author-
17 ized the appropriation of the funds for the activity
18 and appropriated the funds for the activity;
19 "(5) the terms `defense articles' and `defense serv-
20 ices' mean the items on the United States Munitions
21 List pursuant to section 38 of the Arms Export Con-
22 trol Act (22 CFR part 121);
23 "(6) the term `transfer' means-
24 "(A) in the case of defense articles, the
25 transfer of possession of those articles, and
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"(B) in the case of defense services, the pro-
2
vision of those services; and
3
"(7) the term `value' means-
4
"(A) in the case of defense articles, the
5
greater of-
6
"(i) the original acquisition cost to the
7
United States Government, plus the cost of
8
improvements or other modifications made by
9
or on behalf of the Government; or
10
"(ii) the replacement cost; and
11
"(B) in the case of defense services, the full
12
cost
to the Government of providing the
13
services.".
14
(b) The table of contents at the end of the first section of
15 such Act is amended by inserting the following after the item
16 relating to section 501:
"Sec. 502. Notice to Congress of certain expenditures and certain transfers of
defense articles.".
17 COUNTERINTELLIGENCE VULNERABILITY REPORT
18 SEC. 402. (a) The Director of Central Intelligence shall
19 review and evaluate the vulnerability of confidential United
20 States Government activities abroad, and information con-
21 cerning such activities, to efforts by foreign powers to detect,
22 monitor or counter such activities, or to acquire such
23 information.
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1 (b) Within one hundred and twenty days after the date
2 of enactment of this Act, the Director of Central Intelligence
3 shall submit to the Permanent Select Committee on Intelli-
4 genre of the House of Representatives and the Select Com-
5 mittee on Intelligence of the Senate a comprehensive report
6 on the matters described in subsection (a), including plans for
7 improvements which are within his authority to effectuate,
8 and recommendations for improvements which are not within
9 his authority to effectuate.
10 (c) The report described in subsection (b) of this section
11 shall be exempt from any requirement for publication or dis-
12 closure.
13 TITLE V-GENERAL PROVISIONS
14 RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES
15 SEC. 501. The authorization of appropriations by this
16 Act shall not be deemed to constitute authority for the con-
17 duct of any intelligence activity which is not otherwise au-
18 thorized by the Constitution or laws of the United States.
19 INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW
20 SEC. 502. Appropriations authorized by this Act for
21 salary, pay, retirement, and other benefits for Federal em-
22 ployees may be increased by such additional or supplemental
23 amounts as may be necessary for increases in such benefits
24 authorized by law.
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1 LIMITATION ON BUDGET AUTHORITY
2 SEC. 503. Notwithstanding any other provision of this
3 Act, appropriations pursuant to authorizations in this Act for
4 any element of the United States Government for the con-
5 duct of intelligence and intelligence-related activities for
6 fiscal year 1986 may not be made in an amount that would
7 cause the total amount of budget authority for the depart-
8 ment or agency from which such element receives funds to
9 exceed-
10 (1) the total amount of budget authority author-
11 ized for such department or agency for fiscal year
12 1986; or
13 (2) if there is no Act authorizing appropriations
14 for such department or agency for fiscal year 1986, the
15 total amount appropriated for such department or
16 agency for fiscal year 1985.
Passed the House of Representatives July 18, 1985.
Attest: BENJAMIN J. GUTHRIE,
Clerk.
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STAT
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AMENDMENT TO'H.R. 2419, AS REPORTED
OFFERED BY MR. HAMILTON OF INDIANA
Page 5, line 11, strike out "$21,900,000" and insert- in lieu thereof
"$21,000,000".
Page 6, line 19, strike out "1985" and insert in lieu thereof "1986".
Page 12, after line 15, add the following new section:
LIMITATION ON BUDGET AUTHORITY
Sec. 503. Notwithstanding any other provision of this Act, appropriations
pursuant to authorizations in this Act for any element of the United States
Government for the conduct of intelligence and intelligence-related activities
for Fiscal Year 1986 may not be made in an amount that would cause the total
amount of budget authority for the department or agency from which such
element receives funds to exceed --
(1) the total amount of budget authority authorized for such
department or agency for Fiscal Year 1986; or
(2) if there is no Act authorizing appropriations for such department
or agency, for Fiscal Year 1986, the total amount appropriated for
such department or agency for Fiscal Year 1985.
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CONGRESSIONAL RECORD - HOUSE
c$wal.requirements df the United States
NiC ulatory Commission.
? ' ~' That the origihal teferral was
cor-e House and that
the Committee on Energy and Commerce
could seek a sequential referral of the legis-
lation. In order to girt t early consider-
ation of the bi) bZ the Committee on
Energy and Commerce, however, I have no
objection to a joint referral of the measure
at this time. My acquiescence is made in the
interest of comity among the committees
and with the express understanding that
the referral in no way modifies the allocs-
tion of jurisdiction between the committees
or the rules by which subsequent legislation
will be referred on the same subject matter
as H.R. 2743, or measures amending its text
should H.R- 2743 become law.
Sincerely.
MOSats K. UDALL,
Chairman.
INTELLIGENCE AUTHORIZATION
ACT FOR FISCAL YEAR 1988
Mr. BEILENSON. Mr. Speaker, by
direction of the Committee on Rules. I
can up House Resolution 224 and ask
for its immediate consideration.
The Clerk read the resolution, as fol-
lows:
H. Ras. 224
Resolved That at any time after the adop-
tion of this resolution the Speaker may,
pursuant to clause 1(b) of rule SSIII, de-
clare the House resolved into the Commit-
tee of the Whole House on the State of the
Union for the consideration of the bill (H.R.
2419) to authorize appropriations for fiscal
year 1988 for intelligence and intelligence-
telated activities of the United States Gov-
ernment, the Intelligence Community Staff,
and the Central Intelligence Agency Retire-
ment and Dlsability.System, and for other
pruposes, and the first reading of the bill
shall be dispensed with. All points of order
against the consideration of the bill for fail-
ure to comply with provisions of section
402(a) of the Congressional Budget Act of
1974 (Public Law 93-344) are hereby waived.
After general debate, which shall be con-
fined to the bill and shall continue not to
exceed one hour, to be equally divided and
controlled by the chairman and ranking mi-
nority member of the Permanent Select
Committee on Intelligence, the bill shall be
^ 1110
The SPEAKER. The gentleman
from California [Mr. BEILENSON] is
recognized for 1 hour.
Mr. BEILENSON. Mr. Speaker, for
purposes of, debate only, I yield the
customary 30 minutes to the gentle-
man from Missouri (Mr. TAYLOR],
pending which I yield myself such
time as I may consume.
Mr. Speaker, House Resolution 224
provides for the consideration of H.R.
2419, the Intelligence Authorization
Act for fiscal year 1986. The resolution
is a modified closed rule with 1 hour of
general debate.
Section 402(a) of the Congressional
Budget Act is waived against consider-,
ation of the bill. This section of the
Budget Act prohibits consideration of
authorizing legislation not reported by
May 15 prior to the fiscal year to
which it applies. This waiver is neces-
sary because, as the result of a clerical
error, the legislation contains an au-
thorization for fiscal year 1985. Since
the bill was not reported prior to May
15, 1984, it Is in violation of section
402(a) of the Budget Act. However,
since it is the intention of Chairman
HAMILTON of the committee to offer
an amendment that cures this Budget
Act violation during the amendment
process, this waiver of section 402(a) is
purely a technical waiver.
The rule allows only the following
amendments which are not. amend-
able: The committee amendments
printed in the bill, to be considered en
bloc; and the amendments by Repre-
sentative HAMILTON printed in the
CONGRESSIONAL RECORD of July 16,
1985, to be considered en bloc and not
subject to a division of the question in
the House or in the Committee of the
Whole. The Hamilton amendments
are debatable for 20 minutes, equally
divided and controlled by Mr. HAMIL-
TON and a Member opposed to the
amendments.
Finally, the rule provides for one
motion to recommit.
Mr. Speaker, the rule recommended
considered as having been read for amends? by the Rules Committee is somewhat
meat under the five-minute rule. No amend- unusual for an authorization bill. The
ment to the bill shall be in order except the
following amendments, which shall not be
subject to amendment: (1) the amendments
recommended by the Permanent, Select
Committee on Intelligence now printed in
the bill, and said amendments shall be con-
sidered en bloc; and (2) the amendments
printed In the Congressional Record of July
16, 1986, by, and if offered by, Representa-
tive Hamilton of Indiana, and said amend-
ments shall be considered en bloc and shall
not be subject to a demand for a division of
the question in the House or in Committee
of the Whole and said amendments shall be
debatable for not to exceed twenty minutes,
to be equally divided and controlled by Rep-
resentative Hamilton and a Member op-
posed thereto. At the conclusion of the con-
sideration of the bill for amendment, the
Committee shall rise and report the bill to
the House with such amendments as may
have been adopted, and the previous ques-
tion shall be considered as ordered on the
bill and amendments thereto to final pas-
sage without intervening motion except one
motion to recommit.
Rules Committee has traditionally at-
tempted to grant open rules to author-
ization bills so Members can offer
amendments and express their views
on the legislation. In this instance, the
Rules Committee was faced with
unanimous bipartisan testimony from
members of the Intelligence Commit-
tee that a modified closed rule was
necessary. First, the legislation is non-
controversial. Second. the Intelligence
Committee was advised by the leader-
ship that a modified closed rule would
lend itself .to expeditious floor consid-
eration of the legislation. Third, and
most importantly, the unique relation-
ship between the H.R. 2419, the Intel-
ligence Authorization Act and H.R.
1872. The Department of Defense Au-
thorization Act is such that the
amendments to be offered by Mr.
HAMILTON are necessary to reconcile
the authorization levels contained in
July 18, 1985
the Intelligence bill, H.R. 2419, with
the House-passed authorization levels
contained in H.R. 1872.
For these reasons, the Rules Com-
mittee felt that a modified closed rule
was appropriate for the consideration
of H.R. 2419. The Rules Committee is
not aware of any opposition to this
proposed modified closed rule.
Mr. Speaker, H.R. 2419 authorizes
appropriations for fiscal year 1986 for
the intelligence and intelligence-relat-
ed activities of the U.S. Government,
for the Intelligence Committee staff,
and for the Central Intelligence
Agency retirement and disability
system. The legislation also amends
certain administrative provisions relat-
ing to the Central Intelligence Agency
and Intelligence Community Staff.
The legislation contains a provision
that makes clear that the prohibition
that applies to supporting Nicaraguan
insurgents applies only to the provi-
sion of funds, goods, equipment, civil-
ian or military supplies, or any other
material, but does not prohibit the
provision of intelligence information
or advice to the Contras.
. In addition, H.R. 2419 requires noti-
fication to the Intelligence and Appro-
priations Committees both for intelli-
gence activities in excess of authorized
amounts or transfers by an intelli-
gence agency of military equipment or
services worth more than $1 million
per item to a foreign government or
group.
House Resolution 224 is, we believe,
a fair rule that provides for the expe-
ditious consideration of H.R. 2419 and
I urge its adoption.
Mr. TAYLOR. Mr. Speaker, I yield
myself such-time as I may consume.
(Mr. TAYLOR asked and was given
permission to revise and extend his re-
marks.)
Mr. TAYLOR. Mr. Speaker, House
Resolution 224 is a modified rule
under which the House will consider
legislation that authorizes appropria-
tions for our Nation's foreign intelli-
gence programs.
This rule represents the recommen-
dation of the Committee on Rules as
the best way for the House to deal
with the issues contained in H.R. 2419,
the Intelligence authorization bill for
1986, and the best way to facilitate
House consideration of this important
legislation in a timely manner.
Mr. Speaker, the rule limits the
number of amendments to H.R. 2419,
and this limitation is provided at the
unanimous, bipartisan request of the
members of the Permanent Select
Committee on Intelligence.
Mr. Speaker, it was the feeling of
the Committee on Rules that the re-
quest of the Permanent Select Com-
mittee on Intelligence for restrictions
on amendments on H.R. 2419 ought to
be allowed because of the time con-
straints we face in completing House
action on the bill prior to completing
action on the Defense authorization
conference report.
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q'!w rule does contain a waiver of H.R. 2577, the supplemental appro- formation to the reader. The figures
seetioa 4A9(a) of the Budget Act, to prtatlons bill. and an the details of its recommenda-
uit consideration of the bill. Due Mr. Speaker, there was no opposi- tions for the intelligence budget are to
to a clerical error, the bHl was printed tion to the procedure outlined in this be found III the classified schedule of
with a fiscal year 1983 wwarimtion rule during our hearing in the Com- authorizations and the classified
date for the - Central Astelligenee mittee on Rules. The members of the annex which accompanies the commit-
Agency retirement and draI=y fund. Permanent Select Committee on Intel- tee's report. Those materials are avail-
e Intelligence QmuuUtse Intended ligence were unanimous in their re- able today, as they have been since
for this authorization to be effective quest for this type of rule. June 3, in the offices of the Intelli-
for fiscal year 1988 approwtatians. In the interest of timely action by gence Committee and I urge Members
and will offer an amendment to cur- the House, I urge support for this rule. who have not done so to take the time
not the authorization date. Mr. Speaker, I yield such time as he to read them.
In this situation. the Budget Act may consume to the gentleman from These documents support something
Waives is technical in nature and is Arizona [Mr. STunpl, the ranking mi- we all know-that intelligence is as es-
provided in the rule in order to permit nority member of the Intelligence sential a government function as any
the committee to correct the printing Committee. in the United States. A great power
mistake. Mr. STUMP. Mr. Speaker. I thank like the United States cannot survive
Mr. Speaker, the rule provides for I the gentleman for yielding time to me, without good intelligence. Intelligence
hour of general debate, and for 30 and I rise in support of House Resolu- is receiving, and should receive. in-
minutes of debate on the amendments tion 224. creasing priority for a whole range of
specifically made in order. This rule was requested by the com- tasks and targets, among which-to
The two amendments specified in mittee and supported by both the ma- name only a few-are: the threat of
the rule are not subject to further iority and the minority, and I urge its terrorism; the counterintelligence re-
amendment. The first amendment will adoption. spouse to hostile intelligence services
be the committee amendments. which Mr. TAYLOR. Mr. Speaker, I have acting in this country and abroad
are printed in the bill, and which will no further requests for time, and I age American interests; the securi-
be considered en bloc. Under the rules yield back the balance of my time. ty of our embassies and other facilities
of the House, debate on the committee Mr. BEILENSON. Mr. Speaker; I overseas, both physical and electronic
amendments is limited to 10 minutes. have no further requests for time on and such traditional intelligence con-
The second amendment made in this side either, and I move the previ- cerns as support to arms control nego-
order by the rule is one to be offered ous question on the resolution. tiations. The committee members be-
by the distinguished chairman of the The previous question was ordered. lieve that U.S, intelligence agencies
Intelligence Committee, the gentle- The resolution was agreed to. perform a vital service for the national-
man from Indiana [Mr. Hamrr.TOx]. A motion to reconsider was laid on security.
The Hamilton amendments are print- the table. Members of the Intelligence Com-
ed in the Coxoasssioxas RacoRCw of July The SPEAKER. Pursuant to House mittee also believe that even Inteiri-
16, and will be debatable for 20 min- Resolution 224 and rule BBIII, the gem, as important as it is. must be
utes. These amendments will also be Chair declares the House in the Com- subjected to the aame rigorous budget
considered en bloc, and will not be sub- mittee of the Whole House on the scrutiny applied to other elements of
ject to division in the House or in com- State of the Union for the consider- Government.
mittee. - ation of the bill, H.R. 2419. Acting in the present austere budget
Finally, the rule provides for one
motion to recommit. 0 1120 climate, your committee has reoom-
entage ge cut in the tntelli-
Mr. Speaker, H.R. 2419 provides au- IN rxs couxrrras or THE WHOLE mended o-
thorization for our national foreign In- Accordirilly the House resolved Bence genre budget bdudget percen by comparable cu thCommittee to that e Lec-
telligence programs and tactical intel- itself into the Committee of the ommended
Services. This is the largest cut
ligence programs of the Department' Whole House on the State of the Armed rvicescut
ever
of Defense. The programs and dollar Union for the consideration of the brill the t vece was Committee has taken with
amounts of the authorizations are de- (H.R. 2419) to authorize appropria- made Id Se budget.
oncern It for washe national
scribed in a classified annex to the tions for fiscal year 1986 for intelli- appropriate priate the n. the with
that States and were with
committee report, which is available to Bence and intelligence-related activi- clear security of of the United for
all Members. ties of the U.S. Government, the Intel-
About 98 percent of the funds au- ligence Community Staff, . and the essary.
he committee reported out
thorized in H.R. 2419 are contained in Central Intelligence Agency Retire- H Since the The co House has passed out
the Defense authorization bill. H.R. ment and Disability System, and for Defense authorization bill as amended
1872, which passed the House on June other purposes, with Ms. KAPxvn in D Aspire amendment. The Aspire
27. The conference committee on that the chair. by the
n . The Aspin
bill expects to finish its work this The Clerk read the title of the bill. amendment As tuns at the freezes me fiscal year Def1985 ense exile di-
ac 0 1120 tion level. The Intelligence Committee
comweek,nnandodate this the rule Permanent designed ned to Select t
Committee on Intelligence prior to The CHAIRMAN. Pursuant to the recognizes that this sets a strong
final action on the conference report. rule, the first reading of the bill is dig- precedent for the intelligence budget
Mr. Speaker, the committee amend- pensed with. and, accordingly, at the direction of
ments made in order by this rule Under the rule, the gentleman from the committee, I will offer an amend-
narrow the focus of our current legal Indiana [Mr. HAr, n.Tox] will be recog- ment today to limit the intelligence
prohibition on assistance to the demo- nized for 30 minutes and the gentle- authorization bill to a level consistent
cratic resistance forces in Nicaragua man from Arizona [Mr. Srur i] will be with those Defense levels set by the
The committee amendment contin- recognized for 30 minutes. Aspin amendment.
ues the prohibition on expenditure of The Chair recognizes the gentleman Ninety-eight percent of the intelli-
funds for materiel assistance to the from Indiana [Mr. HAwn.Tox]. gence programs in this bill are con-
Nicaraguan democratic resistance, in- Mr. HAMILTON. Madam Chairman, tained in the Defense budget. Authori-
eluding arms, ammunition, or other I yield myself such time as I may con- zation levels for most intelligence pro-
equipment or material. The committee sume. grams are contained within the vari-
amendment does allow - U.S. intelli- Madam Chairman, I rise in support ous appropriation category totals in
gence agencies to share intelligence in- of H.R. 2419, the Intelligence Authori- the Defense authorization bill. Adjust-
formation or advice, and is, therefore, zation Act for Fiscal Year 1988. ments which we have made to intelli-
generally consistent with the action As Members know well, this bill- gence programs have been coordinated
this House took on June 12 as part of like its predecessors-offers little in- with the Armed Services Committee
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H $80 9 CONGRESSIONAL RECORD - HOUSE
and are accurately' reflected in the
totals contained by the Defense bill.
The amendment that I will offer at
the direction of the committee recog-
nizes that the intelljgence budget is es-
sentially a subset of the Defense
budget. Moreover, It recognizes that it
is the total Defense budget that we
want to freeze, not-its individual com-
ponents. My amendment limits intelli-
gence authorizations so that they
cannot cause the Defense freeze to be
breached. This is not to say that no in-
telligence programs have increased.
They have, even after our substantial
cuts. We all recognize that many com-
ponents of the Defense budget have
increased despite the freeze Some
components increase, some decrease.
The essential feature of an overall
freeze is that the total amounts-not be
exceeded. Consider SDI, for example.
Despite cuts to the program by both
House and Senate, the programs will
have at least $2.5 billion in funding
next year, an increase of almost 80
percent over last year. Nevertheless,
the Defense freeze is not breached.
The same is. true for intelligence pro-
grams.
What does this amendment do?
First, it states legislatively the princi-
ple that we can't do anything in this
bill to breach the Defense freeze. This
could have a significant practical
effect if the correspondence between
the Defense and intelligence bills is
lost as the legislative process contin-
ues. The amendment prevents any
excess of authorization for intelli-
gence. Second, some reductions in the
Defense bill are unallocated. Some of
these reductions will ultimately be al-
located to intelligence programs. The
amendment causes the relevant ac-
counts in this bill to be reduced ac-
cordingly.
These are the committee's objectives
and we believe they are consistent
with the will of the House.
Madam Chairman, there are other
important features of the bill worth
mentioning. With respect to Nicara-
gua, the committee has amended the
familiar Boland amendment language
to permit the provision of CIA intelli-
gence and advice to the Contras. It
continues the prohibition on other in-
telligence agency support to the Con-
tras but is consistent with the Michel
amendment to the supplemental ap-
propriations bill adopted by the
House.
In another provision, the committee
has made permanent a requirement
that has long appeared in intelligence
authorization bills. This provision re-
quires the Intelligence and Appropria-
tions Committees be told of the intent
to exceed the authorized amount for
any intelligence or intelligence-related
program.
Another provision requires that the
intelligence committees receive prior
notice of clandestine transfer of an
item of military equipment or services
where the item or service equals or ex-
ceeds $1 million in value. This is an
area of high congressional interest and
sensitivity for U.S. foreign policy.
Such transfers deserve to be subject to
the special notice requirements that
apply to other significant anticipated
intelligence activities.
Finally, Madam Chairman, the bill
contains a provision which requires a
report from the Director of Central
Intelligence on the security of U.S. in-
stallations overseas in the face of ef-
forts by foreign governments, elec-
tronic or otherwise, to exploit U.S.
confidential communications or other
activities. This is a high priority of the
committee and one that I believe is
shared by the intelligence community.
In closing, I pay tribute to Lou
STOKES and Boa STUMP and the other
members of the committee for their
work and devotion to the review of the
intelligence budget. They, and the ex-
cellent staff of the subcommittee,
have worked hard. They have pro-
duced a result which meets the com-
mittee's tradition of full bipartisan
support and they have done so in the
difficult circumstances oZ budget aus-
terity and increasing intelligence pri-
orities. I believe they deserve the
thanks of the House for a job very
well done.
Madam Chairman. at this point, I
yield to the gentleman from Ohio, the
distinguishgd chairman of the Sub-
committee on Program and Budget
Authorization, Mr. STOKES.
Mr. STOKES. Madam Chairman. I
thank the gentleman for yielding.
Madam Chairman, I want to take a
moment to express my appreciation to
all of the members of my subcommit-
tee for their tireless and conscientious
committee work in producing this bill.
In particular I want to commend the
gentleman from Indiana [Mr. HAMIL-
TON], the chairman of the full commit-
tee for his hard work both as full com-
mittee chairman and as a member of
this subcommittee.
I also want to express my apprecia-
tion to the gentleman from Arizona
[Mr. STUMP], the ranking minority
member. I appreciate his cooperation
and I have enjoyed working with him.
I also appreciate and want to make
special mention of the other subcom-
mittee members who never missed a
meeting in over 50 hours of hearings
on this bill; Mr. KAsTaxMalaa, Mr.
DANIai., Mr. Roa, Mr. CHz cxv, and Mr.
LIVINGSTON. a
Other members of the full intelli-
gence committee who were not mem-
bers of our subcommittee but who
often attended our meetings and made
a contribution were Mr. BaILzxsox,
Mr. BROWN, Mr. McEwzw, Mr.
McHUGH, and Mr. Dwmaa.
I also want to thank our committee
staff; Marty Faga. Duane Andrews,
Bob Fitch, Bob Surret, and Carol
Thompson for their highly profession-
al work.
Madam Chairman, H.R. 2419, the In-
telligence Authorization Act for fiscal
year 1986, is the eighth such bill in as
many years reported out by the Per-
July 18, 1985
manent Select Committee on Intelli-
gence. I am proud to say, like its pred-
ecessors, it's budget provisions were
approved unanimously in committee,
and was supported by the Committee
on Armed Services.
This bill authorizes all the funds for
the next fiscal year for the intelli-
gence and intelligence-related activi-
ties of the U.S. Government.
The category of "intelligence activi-
ties" includes all the activities of the
Central Intelligence Agency; the De-
fense Intelligence Agency; the Nation-
al Security Agency; other intelligence
components of the Department of De-
fense, and the Departments of the
Army, Navy, and Air Force; the
Bureau of Intelligence and Research
of the Department of State; the intel-
ligence divisions of the Federal Bureau
of Investigation, intelligence elements
of the Departments of Treasury and
Energy, and the Drug Enforcement
Administration; and the intelligence
community staff of the Director of
Central Intelligence. These activities
provide intelligence for the use of the
President, the Cabinet, the National
Security Council and the Joint Chiefs
of Staff.
Further, this bill authorizes intelli-
gence-related activities of the Depart-
ment of Defense, which are programs
that are integral to the defense force
structure, but which are aimilar to na-
tional intelligence programs and are
often tasked for national intelligence
purposes, particularly in peacetime.
The similarity of programs and func-
tions between the national intelligence
programs and the intelligence-related
activities of the Defense Department
is the reason that both are considered
by the Permanent Select Committee
on Intelligence and authorized in this
bill. We have worked to insure that
the program areas are complementary
and mutually supportive but not dupli-
cative. The referral of this bill to the
Committee on Armed Services has as-
sured that the judgments we have
made from an intelligence viewpoint
are equally sound from a military per-
spective. We have worked closely with
that committee on a continuous basis
and achieved a position agreeable to
both committees.
Madam Chairman, most intelligence
activities are classified and necessarily
so. In some cases, even the very exist-
ence of the program or activity is held
secret. This sensitivity limits the de-
scription we can offer here on the
floor. The schedule of authorizations
to accompany the bill and the classi-
fied annex to the report have been
available to Members since June 3.
The subject material is complex, but
we have worked to make these classi-
fied reports as readable as possible.
The committee continues to recom-
mend that the budget for intelligence
not be disclosed. The disclosure of a
single budget number might not itself
be harmful, but some explanation of
the content and meaning of the
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CONGRESSIONAL RECORD - HOUSE H 5903
number would be essential. But such
an explanation would be, excessively
revealing. Moreover, the committee
recognizes that intelligence is inher-
ently secret, and any disclosure is the
beginning of an erosive process. In
some cases, the mere awareness of an
intelligence activity can easily reduce
or-eliminate its effectiveness, may en-
danger lives, and may lead to the col-
lection of false information contrived
by our adversaries to confuse or mis-
lead us.
Madam Chairman, I would like to
summarize briefly the organization of
this bill.
Title I provides for the bulk of our
intelligence and intelligence-related
activities. As I said earlier, funds and
program details are in the classified
schedule of authorizations and the
annex to the report. One exception is
the authorization for the Domestic
Counterterrorism Program of the FBI,
which is unclassified. The bill provides
$15.2 million for this function.
Title II provides necessary authori-
ties for the intelligence community
staff, whose function is to assist the
Director of Central Intelligence with
his responsibilities for overall coordi-
nation of intelligence and preparation
of the budget. The staff is made up of
representatives of all elements of the
intelligence community. Administra-
tively, it is treated as though it were
part of the CIA. The bill provides
$21.9 million for this purpose. An
amendment will be offered reducing
this amount to $21 million.
Title III provides authorization of
$101.4 million for the Central Intelli-
gence Agency Retirement and Disabil-
ity System. This is a program estab-
lished by Congress in 1964 to provide
for those CIA personnel who perform
hazardous duties or are in special situ-
ations, usually abroad, which may
limit the length of their careers. The
bill incorrectly states that the amount
authorized is for fiscal year 1985. A
technical amendment will correct this
to read fiscal year 1986.
As Chairman HAMILTON has stated,
title IV provides in section 401 that
the Congress must be notified before
intelligence funds are obligated or ex-
pended for a purpose other than that
originally authorized. Section 401 also
requires notification if defense activi-
ties or services exceeding $1 million in
value are to be transferred in conjunc-
tion with an intelligence activity. Sec-
tion 402 requires a report from the Di-
rector of Central Intelligence of the
vulnerability of our confidential activi-
ties abroad.
Title V provides that this bill does
not authorize intelligence activities
not otherwise authorized by the laws
and Constitution of the United States.
It also provides authorization for ap-
propriations to pay for increased pay
or benefits to Federal employees if
they are enacted in other legislation.
Madam Chairman, as in the last
fiscal year, this bill authorizes less
than the administration requested.
Some specific proposals have been rec- intelligence agencies from providing
ommended for deferral, others for ter- material assistance to the resistance.
mination, while a few have been in- The committe position on section
creased. I believe that the authoriza- 105 is generally consistent with the
tion provided is adequate to meet the will of the House expressed in the
country's needs. adoption of the Michel-McDade-
Madam Chairman let me close by McCurdy language on the supplemen-
stating that, as in year's past, the com- tal appropriations bill, which provides
mittee has made, and continues to for humanitarian aid to the resistance
make, the classified annex to it's administered by an agency other than
report available to all Members of the CIA or DOD, and allows the exchange
House during business hours in the of information with the resistance.
committee's rooms. I would invite
Members who have not yet had an op-
portunity to do so to read this annex.
^ 1130
Mr. STUMP. Madam Chairman, I
yield myself such time as I may con-
sume.
(Mr. STUMP asked and was given
permission to revise and extend his re-
marks.)
Mr. STUMP. Madam Chairman, I
rise in support of H.R. 2419, the Intel-
ligence Authorization Act, with the
committee amendments printed in the
bill and the committee freeze-type
amendment printed in the CoNaaas-
sIONAL Racoiw of Tuesday, July 16
The funding authorizations con-
tained in this bill for intelligence and
intelligence-related activities ensure
that U.S. policymakers will continue
to have the capability to collect
needed intelligence on foreign powers,
to detect and counter hostile activities
by foreign powers, and to influence
world events.
Because the effectiveness of intelli-
gence programs depends in part upon
their secrecy, the details of intelli-
gence programs and the associated
funding levels must remain concealed.
Consequently, I will not discuss the
details of the committee's recommen
dations. Those details are in the classi-
fied schedule of authorizations and
classified annex to the committee's
report, which have been available for
review by all Members of the House
since June 3, 1985.
I believe that H.R. 2419 represents a
balanced and effective allocation of
scarce -resources to U.S. intelligence
programs.
The authorization levels for intelli-
gence activities established by this bill
generally represent bipartisan agree-
ment on programs and budgets for in-
telligence matters of critical impor-
tance to national security.
Section 105 of this bill, relating to
aid to the Nicaraguan Democratic Re-
sistance, is not exactly what I would
have preferred.
As the minority views in the Intelli-
I urge the House to support the com-
mittee's authorization decisions by ap-
proving H.R. 2419.
Madam Chairman, I yield 3 minutes
to the gentleman from Wyoming [Mr.
CHENLY].
Mr. CHENEY. I thank the gentle-
man for yielding.
Madam Chairman, i rise in support
of H.R. 2419. This has been my 1st
year to serve on the Intelligence Com-
mittee, and I must say I found it a fas-
cinating experience in part because of
the spirit of bipartisanship that was
mentioned previously by the chair-
man.
It has been a privilege to serve with
the gentleman from Arizona (Mr.
STUMP), the ranking Republican, and
the gentleman from Indiana (Mr.
HAMILTON], the chairman of the full
committee, and the gentleman from
Ohio [Mr. SToKzsl, who chaired the
Budget Subcommittee.
I think it is extremely important for
the House and for the committee to
seek bipartisan efforts and conclusions
with respect to the intelligence pro-
gram and I was indeed pleased that we
were able to achieve that this year.
As the gentleman from Arizona [Mr.
ST MPl mentioned, many of us believe
that the provisions with respect to
Nicaragua are inadequate; we would
have preferred to support military as-
sistance to the Democratic resistence
in Nicaragua; but we did in fact reach
a compromise; we did agree to modify
section 105 of the bill so that it does
continue the prohibition of the Boland
amendment against military assist-
ance, but it does in fact make it clear
that the prohibition does not prevent
information sharing or advice with the
Nicaraguan Democratic Resistance.
Section 105 is intended to bar the
Central Intelligence Agency, the De-
partment of Defense or any other U.S.
Government agency or entity involved
in intelligence activities from provid-
ing directly or indirectly arms, ammu-
nition, or other equipment or material
to support the military or paramilitary
activities of the Nicaraguan insurgent
gency Committee report on the bill forces.
state, the minority believes that the It is not intended to prohibit the
Congress should support military aid provision of intelligence information
to the resistance. and advice to these groups, nor does it
A majority of the committee did not preclude the United States from fur-
agree with that position, but it did nishing political, administrative, or
agree that the U.S. Government other forms of nonmilitary support for
should be able to exchange intelli- activities of the Nicaraguan Democrat-
gence and advice with the resistance. is Resistance.
Thus, section 105 of the bill with the In other words, it is consistent with
committee amendments only prohibits the provision of humanitarian assist-
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Mr. STUMP. Madam Chairman, I
yield myself such time as I may con-
sume.
Madam Chairman, I would like to
take this opportunity to commend the
gentleman from Indiana, the chair-
man of the committee, the gentleman
from Ohio (Mr. STOKESI, the chairman
of the Budget Subcommittee for their
leadership and fairness in developing
this bill. I would especially like to com-
mend the new Members on both sides
of the aisle for demonstrating their
willingness to spend many hours
behind closed doors to bring about this
bill. And lastly, but not least, the staff,
who, as usual, has done a tremendous
job, and I commend them for that.
Mr. HAMILTON. Madam Chairman,
I concur in all of the statements the
gentleman has made, and I thank him
for his expression of appreciation.
? Mr. PRICE. Madam Chairman, this
is the 7th year that the Permanent
Select Committee on Intelligence and
the Armed Services Committee worked
together to report the authorization
bill for intelligence and intelligence-re-
lated activities of the intelligence com-
munity.
As the Members will recall, the
Armed Services Committee shares re-
sponsibility for authorizing certain
elements in the intelligence authoriza-
tion bill with regard principally to in-
telligence-related activities for the De-
partment of Defense, and I am most
pleased to report on the continued ex-
cellent working relationship with, and
cooperation of, the select committee
members and staff in arriving at com-
plete agreement on all items of joint
responsibility.
As part 2 of the report states, the re-
sults of our recommendations are clas-
sified and are included in the classified
annex to the report H.R. 2419 pre-
pared by the select committee.
I urge the Members to support the
intelligence related activity authoriza-
tions reported in this bill.*
Mr. HAMILTON. Madam Chairman,
I have no further requests for time,
and I yield back the balance of my
time.
Mr. STUMP. Madam Chairman, I
have no further requests for time, and
I yield back the balance of my time.
The CHAIRMAN. All time has ex-
pired.
Pursuant to the rule, the bill is con-
sidered as having been read for
amendment under the 5-minute rule.
No amendments are in order except
the following amendments, which are
not subject to amendment:
(1) The amendments recommended by the
Permanent Select Committee on Intelli-
gence now printed in the bill, which shall be
considered en bloc; and (2) the amendments
printed in the Congressional Record of July
16, 1985, by, and if offered by, Representa-
tive Hamilton. which shall be considered en
bloc and shall be debatable for not to
exceed twenty minutes. to be equally divid-
ed and controlled by Representative Hamil-
ton and a Member opposed thereto.
The text of H.R. 2419 is as follows:
H.R. 2419
Be it enacted by the Senate and House at
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Intelligence Au-
thorization Act for Fiscal Year 1986".
TITLE I-INTELLIGENCE ACTIVITIES
AUTHORIZATION OF APPROPRIATIONS
Sac. 101. Funds are hereby authorized to
be appropriated for fiscal year 1988 for the
conduct of the intelligence and intelligence-
related activities of the following elements
(or offices, agencies or subelements thereof)
of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the De-
partment of the Navy, and the Department
of the Air Force.
(6) The Department of State.
(7 ). The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administra-
tion.
CLASSIFIED SCHEDULE OF AUTHORIZATIONS
SEC. 102. The amounts authorized to be
appropriated under section 101, and the au-
thorized personnel ceilings as of September
30, 1986, for the conduct of the intelligence
and intelligence-related activities-of the ele-
ments (or offices. agencies or subelements
thereof) listed in such section, are those
specified in the classified Schedule of Au-
thorizations prepared by the Permanent
Select Committee on Intelligence to accom-
pany H.R. 2419 of the Ninety-ninth Con-
gress. That Schedule of Authorizations
shall be made available to the Committees
on Appropriations of the Senate and House
of Representatives and to the President.
The President shall provide for suitable dis-
tributiori of the Schedule. or of appropriate
portions of the Schedule, within the execu-
tive branch.
AUTHORIZATION OF APPROPRIATIONS FOR COUN-
TERTERRORISM ACTIVITIES OF THE FEDERAL
BUREAU OF INVESTIGATION
Sac. 103. In addition- to the amounts all-
thorized to be appropriated under section
101(9), there is authorized to be appropri-
ated for fiscal year 1986 the sum of
$15,200,000 for the conduct to the activities
of the Federal Bureau of Investigation to
counter terrorism in the United States.
PERSONNEL CEILING ADJUSTMENTS
Sze. 104. The Director of Central Intelli-
gence may authorize employment of civilian
personnel in excess of the numbers author-
ized for the fiscal year 1986 under sections
102 and 202 of this Act when he determines
that such action is necessary to the per-
formance of important intelligence func-
tions, except that such number may not, for
any element (or offices, agencies or subele-
ments thereof) of the Intelligence Commu-
nity, exceed 2 per centum of the number of
civilian personnel authorized under such
sections for such element. The Director of
Central Intelligence shall promptly notify
the Permanent Select Committee on Intelli-
gence of the House of Representatives and
the Select Committee on Intelligence of the
Senate whenever he exercises the authority
granted by this section.
PROHIBITION ON COVERT ASSISTANCE FOR
MILITARY OPERATIONS IN NICARAGUA
Sac. 105. During fiscal year 1986, no funds
available to the Central Intelligence
Agency, the Department of Defense, or any
other agency or entity of the United States
involved in intelligence activities may be ob-
ligated or expended for the purpose or
H 5905
which would have the effect of supporting,
directly or indirectly, military pr paramili-
tary operations in Nicaragua by any nation,
group, organization, movement, or individ-
ual.
TITLE II-INTELLIGENCE COMMUNITY
STAFF
AUTHORIZATION OF APPROPRIATIONS
SEC. 201. There is authorized to be appro-
priated for the Intelligence Community
Staff for fiscal year 1986 the sum of
$21,900,000.
AUTHORIZATION OF PERSONNEL END-STRENGTH
SEC. 202. (a) The Intelligence Community
Staff is authorized two hundred and thirty-
three full-time personnel as of September
30, 1986. Such personnel of the Intelligence
Community Staff may be permanent em-
ployees of the Intelligence Community
Staff or personnel detailed from other ele-
ments of the United States Government.
(b) During fiscal year 1986; 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 1986, 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 1986,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 DISABIL-
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 1985 then sum of $101,400,000.
TITLE IV-PROVISIONS RELATING TO
INTELLIGENCE AGENCIES
SEC. 401. (a) Title V of the National Secu-
rity Act of 1947 (50 U.S.C. 413), relating to
accountability for intelligence activities, is
amended by adding at the end thereof the
following:
"NOTICE TO CONGRESS OF CERTAIN EXPENDI-
TURES AND CERTAIN TRANSFERS OF DEFENSE
ARTICLES
"Sac. 502. (a)(1) Funds available to an in-
telligence agency may be obligated or ex-
pended for an intelligence or intelligence-re-
lated activity only if-
"(A) those funds were specifically author-
ized by the Congress for use for such activi-
ty; or
"(B) in the case of funds from the Reserve
for Contingencies of the Central Intelli-
gence Agency and consistent with the provi-
sions of section 501 of this Act concerning
any significant anticipated intelligence ac-
tivity, the Director of Central Intelligence
has, subject to the provisions of section 501,
notified the appropriate congressional com-
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8 October 1985
NOTE FOR: D/ICS
Chief, Legislative Liaison
SUBJECT: Senate Passage of FY 1986
Authorization Act for the NFIP
As reported previously, the SSCI passed
its version of the FY 1986 Intelligence
Authorization Act, and the attached excerpt from
the Congressional Record contains the comments
made on during consideration of
that legislation. You might note the comments
made by Chairman Durenberger on the Committee's
efforts in the area of an "Intelligence Strategy"
(S12254 & S12255). Also note that the Senate
passed the Bentsen Amendment to provide
additional resources for the FBI counter-
terrorism effort (discussion on page S12257).
cc: DD/ICS
EXO/ICS
D/PBS
C/CCIS
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9IMF*,
CONGRESSIONAL. RECORD - SENATE September 26, 1985
doeuntem specified in section I of this reso-
lution for the use of the Committee on
Rules and Administration.
Mr. DOLE. I move to reconsider the
vote by which the measure wr a reed
to.
Mr. BYRD. I move to Uty that
motion on the table.
The motion to lay on the table was
agreed to.
PURCHASE OF CALENDARS
The resolution (S. Res. 232) relating
to the purchase of calendars, was con-
sidered, and agreed to, as follows:
S. Res. 232
Resolved That the Committee on Rules
and Administration is authorized to expend
from the contingent fund of the Senate,
upon vouchers approved by the chairman of
that committee. not to exceed $67.980 for
the purcbase of one hundred and three
thousand calendars. The calendars shall be
distributed as prescribed by the committee.
Mr. DOLE. I move to reconsider the
vote by which the measure was agreed
W. Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
AUTHORIZING THE PRINTING
OF A REPORT
The resolution (S. Res. 181) author-
izing the printing of the report enti-
tled "Highway Bridge Replacement
and Rehabilitation Program. Sixth
Annual Report to Congress," as a
Senate document, was considered, and
agreed to, as follows:
S.Ro-191
Resolved. That the annual report of the
Secretary of Transportation to the Congress
of the United States in compliance with sec-
tion 144(1) of title 23. United States Code
entitled. "Highway Bridge Replacement and
Rehabilitation Program. Sixth Annual
Report to Congress" be printed as a Senate
document.
Sec. 2. There shall be printed three hun-
dred additional copies for the use of the
Committee on Environment and Public
Works.
Mr. DOLE. I move to reconsider the
vote by which the measure was agreed
to.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
TRANSFER OF CERTAIN AU-
THORITY TO THE STATES OF
MAINE AND NEW HAMPSHIRE
The bill (S. 1701) to authorize a par-
tial transfer of the authority of the
Maine-New Hampshire Interstate
Bridge Authority to the States of
Maine and New Hampshire, was
considered. ordered to be engrossed
for a third reading, read the third
time, and passed: as follows:
S. 1701
Be it enacted by the Senate and House of
Representatives of the United Sims o(Amer-
ica in Congress assembled, That the Act ap-
proved July 28. 1937 (50 Stat. 535), is
amended by striking out in the first para-
graph thereof. "and' approaches thereto"
and by inserting at the end thereof 'The
States of Maine and New Hampshire are au--
thorized to assume all construction. mainte-
nance, and operational authority over the
approach roads and grade separation struc-
tures in their respective areas. As provided
in Maine Private and Special Law. Chapter
38. 1985. and New Hampshire Statutes.
Chapter 415, 1985, the respective States
shall require the Authority to provide Au-
thority funds for capital improvements.".
Mr. DOLE. I move to reconsider the
vote by which the measure was agreed
to.
Mr. BYRD. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
STAR PRINT OF REPORT NO.
99-105
Mr. DOLE. Mr. President, I ask
unanimous consent that Senate
Report No. 99-105 be star printed to
reflect the following changes which I
send to the desk.
The PRESIDING OFFICER- With-
out objection, it is so ordered.
STAR PRINT OF REPORT NO.
99-135
Mr. DOLE. Mr. President, I ask
unanimous consent that Senate
Report No. 99-135 be star printed to
reflect the following changes which I
send to the desk.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
TITLE AMENDMENT TO H.R. 2005
Mr. DOLE. Mr. President, I ask
unanimous consent that the title of
H.R. 2005 be amended so as to read:
A bill to extend and amend the Compre-
hensive Environmental Response. Compen-
sation. and Liability Act of 1980. and for
other purposes.
The PRESIDING OFFICER. Is
there objection? Without objection, it
is so ordered.
ORDER OF PROCEDURE
Mr. DOLE. Mr. President, I ask
unanimous consent that the Senate go
into executive session to consider the
following nominations on the Execu-
tive Calendar.
Mr. BYRD. Mr. President. I am not
prepared to do that yet.
Mr. DOLE. Mr. President, as I un-
derstand it, the managers handling
the intelligence authorization bill will
not require a rollcall vote. Is that cor-
rect?
Mr. LEAHY. My understanding on
this side, Mr. President, is that there
will not be a request for a rollcall.
There will be a short colloquy that the
chairman of the committee and I shall
have regarding Contra aid. That will
obviate the necessity of an amend-
ment and a rollcall. I know of no roll-
calls that are going to be requested on
this side of the aisle.
Mr. DURENBERGER. Mr. Presi-
dent, as far as the Chair is concerned.
there is no reason for a rollcall vote.
There will be two minor amendments,
one on behalf of Senator BENTSEN. the
other on behalf of Senator SIMPSON.
neither of which requires a rollcall
vote. No rollcall will be necessary on
passage.
Mr. DOLE. Mr. President, on that
basis, and I think the distinguished
minority leader might agree, with that
assurance on both sides that no roll-
call vote will be requested, I think we
can indicate to Members that there
will be no rollcall votes tonight. We
will not be in session tomorrow. We
will come in at approximately 11 a.m.
on Monday, and there will be no votes
on Monday until 4 p.m.
Mr. BYRD. Mr. President, I think
that would be desirable.
Mr. DOLE. I thank the managers of
the bill. I yield the floor.
Mr. President. there will be no more
rollcall votes this evening and we will
not be in session tomorrow.
INTELLIGENCE AUTHORIZATION.
1986
Mr. DURENBERGER. Mr. Presi-
dent. I ask unanimous consent that
the Senate now turn to Calendar No.
287, S. 1271, the Intelligence Authori-
zation Act.
The PRESIDING OFFICER (Mr.
WARNER). Without objection, it is so
ordered. The clerk will state the bill
by title.
The assistant legislative clerk read
as follows:
A bill (S. 1271) to authorize appropria-
tions for intelligence activities of the United
States Government, the Intelligence Com-
munity Staff, the Central Intelligence
Agency Retirement and Disability System,
and for other purposes.
There being no objection, the Senate
proceeded to consider the bill, which
had been reported from the Commit-
tee on Armed Services and on behalf
of the Committee on Governmental
Affairs, with amendments, as follows:
(The parts of the bill intended to be
stricken are shown in boldface brack-
ets, and the parts of the bill intended
to be inserted are shown in italics.)
S. 1271
Be it enacted by the Senate and House ref
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the "Intelligence Au-
thorization Act for fiscal year 1986".
TITLE I-INTELLIGENCE ACTIVITIES
AUTHORIZATION OF APPROPRIATIONS
SEC. 101. Funds are hereby authorized to
be appropriated for fiscal year 1986 for the
conduct of the intelligence activities of the
following elements of the United States
Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
i
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September 26, 1985
CONGRESSIONAL RECORD - SENATE S 12253
(5) The Department of the Army, the De-
partment of the Navy, and the Department
of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
CLASSIFIED SCHEDULE OF AUTHORIZATIONS
SEC. 102. The amounts authorized to be
appropriated under section 101, and the au-
thorized personnel ceilings as of September
30, 1986, for the conduct of the intelligence
activities of the elements listed in such sec-
tion, are those specified in the classified
Schedule of Authorizations prepared by the
Select Committee on Intelligence of the
Senate. That Schedule of Authorizations
shall be made available to the Committees
on Appropriations of the Senate and the
House of Representatives, and to the Presi-
dent. The President shall provide for suita-
ble distribution of the schedule, or of appro-
priate portions of the schedule, within the
executive branch.
CONGRESSIONAL NOTIFICATION OF EXPENDI-
TURES IN EXCESS OF PROGRAM AUTHORIZA-
TIONS
SEC. 103. During fiscal year 1986, funds
may not be made available for any intelli-
gence activity unless such funds have been
specifically authorized for such activity or.
in the case of funds appropriated for a dif-
ferent activity, unless the Director of Cen-
tral Intelligence or the Secretary of Defense
has notified the appropriate committees of
Congress of the intent to make such funds
available for such activity, except that in no
case may reprogramming or transfer au-
thority be used by the Director of Central
Intelligence or the Secretary of Defense
unless for higher priority intelligence aciti-
cities. based on unforeseen requirements,
than those for which funds were originally
authorized, and in no case where the intelli-
gence activity for which funds were request-
ed has been denied by Congress.
PERSONNEL CEILING ADJUSTMENTS
SEC. 104. The Director of Central Intelli-
gence may authorize employment of civilian
personnel in excess of the numbers author-
ized for fiscal year 1988 under sections 102
and 202 of this Act when he determines that
such action is necessary to the performance
of important intelligence functions, except
t hat such number may not, for any element
of the Intelligence Community, exceed 2 per
centum of the number of civilian personnel
authorized under such sections for such ele-
ment. The Director of Central Intelligence
shall promptly notify the Permanent Select
Committee on Intelligence of the House of
Representatives and the Select Committee
on Intelligence of the Senate whenever he
exercises the authority granted by this sec-
t ion.
AUTHORIZATION OF APPROPRIATIONS FOR
DESIGN AND CONSTRUCTION OF A RESEARCH
AND ENGINEERING FACILITY AT THE NATIONAL
SECURITY AGENCY HEADQUARTERS COMPOUND
SEC. 105. The National Security Agency is
authorized to secure the design and constuc-
lion of a research and engineering facility at
its headquarters compound at Ft. Meade,
Maryland. A single continuous contract may
be employed to facilitate completion of the
building authorized by this section, and the
Secretary of Defense is authorized to con-
tract for design and construction in advance
of appropriations therefor, but the cost of
such facility may not exceed $75,064,000. Of
the amounts authorized to be appropriated
tinder section 101(4) of this Act, there is au-
thorized to be appropriated for fiscal year
1986 the sum of $21,364,000 for design and
construction of the facility authorized by
this section during fiscal year 1986.
TITLE II-INTELLIGENCE COMMUNITY
STAFF
AUTHORIZATION OF APPROPRIATIONS
SEC. 201. There is authorized to be appro-
priated for the Intelligence Community
Staff for fiscal year 1986 the sum of
$22.283,000.
AUTHORIZATION OF PERSONNEL END STRENGTH
SEC. 202. (a) The Intelligence Community
Staff is authorized two-hundred-and-thirty-
three full-time personnel as of September
30. 1986. Such personnel of the Intelligence
Community Staff may be permanent em-
ployees of the Intelligence Community
Staff or personnel detailed from other ele-
ments of the United States Government.
(b) During fiscal year 1986, 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
activities.
(c) During fiscal year 1986, 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 1986, 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 oL1949 (50 U.S.C. 430a et seq.)
in the same nner as activities and person-
nel of the Central Intelligence Agency.
TITLE 111-CENTRAL INTELLIGENCE
AGENCY RETIREMENT AND DISABIL-
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 1986 the sum of $101,400,000.
TITLE IV-GENERAL PROVISIONS
AUTHORITY FOR THE CONDUCT OF INTELLIGENCE
ACTIVITIES
SEC. 401. The authorization of appropria-
tions by this Act shall not be deemed to con-
stitute authority for the conduct of any in-
telligence activity which is not otherwise au-
thorized by the Constitution or laws of the
United States.
INCREASES IN EMPLOYEE COMPENSATION AND
BENEFITS AUTHORIZED BY LAW
SEc. 402. Appropriations authorized by
this Act for salary, pay, retirement, and
other benefits for Federal employees may
be increased by such additional or supple-
mental amounts as may be necessary for
any increases in such employee compensa-
tion or benefits authorized by law.
TITLE V-FACILITATING NATURALIZA-
TION OF CERTAIN FOREIGN INTEL-
LIGENCE SOURCES
IMMIGRATION AND NATIONALITY ACT
AMENDMENT
SEC. 501. Section 316 of the Immigration
and Nationality Act (8 U.S.C. 1427) is
amended by adding at the end thereof the
following new subsection:
-(g)(1) Whenever the Director of Central
Intelligence, the Attorney General and the
Commissioner of Immigration determine
that a petitioner otherwise eligible for natu-
ralization has made an extraordinary contri-
bution to the national security of the
United States or to the conduct of United
States intelligence activities, the petitioner
may be naturalized without regard to the
residence and, physical presence require-
ments of this section, or to the prohibitions
of section 313 of this Act, and no residence
within the jurisdiction of the court shall be
required.
"(2) A petition for naturalization may be
filed pursuant to this subsection in any dis-
trict court of the United States, without
regard to the residence of the petitioner.
Proceedings under this subsection shall be
conducted in a manner consistent with the
protection of intelligence sources, methods
and activities.
"(3) The number of aliens naturalized pur-
suant to this subsection in any fiscal year
shall not exceed fifteen. The Director of
Central Intelligence shall notify the Select
Committee on Intelligence of the Senate
and the Permanent Select Committee on In-
telligence of the House of Representatives
each time a determination is made to apply
the provisions of this subsection.".
TITLE VI-ADMINISTRATIVE
PROVISIONS
USE OF PROCEEDS FROM DEFENSE DEPARTMENT
COUNTERINTELLIGENCE OPERATIONS
SEC. 601. (a) During fiscal year 1986, the
Secretary of Defense may authorize use of
proceeds from counterintelligence oper-
ations conducted by components of the Mili-
tary Departments to offset necessary and
reasonable expenses incurred in such oper-
ations without regard to the provisions of
section 3302 of title 31, United States Code.
(b) As soon as the net proceeds from any
such counterintelligence operation are no
longer necessary for the conduct of that op-
eration, such proceeds shall be deposited
into the Treasury as miscellaneous receipts.
RETIREMENT BENEFITS FOR CERTAIN CENTRAL
INTELLIGENCE AGENCY EMPLOYEES SERVING IN
UNHEALTHFUL AREAS
SEC. 602. Section 251 of the Central Intel-
ligence Agency Retirement Act of 1964 for
Certain Employees (50 U.S.C. 403 note) is
amended by inserting "(a)" after "SEc. 251."
and by adding at the end thereof the follow-
ing new subsection:
"(b) The Director of Central Intelligence
may from time to time establish, in consul-
tation with the Secretary of State, a list of
places which by reason of climatic or other
extreme conditions are to be classed as un-
healful posts. Each year of duty at such
posts, inclusive of regular leaves of absence,
shall be counted as one and a half years in
computing the length of service of a partici-
pant under this Act for the purpose of re-
tirement, fractional months being consid-
ered as full months in computing such serv-
ice. No extra credit for service at such un-
healthful posts shall be credited to any par-
ticipant who is paid a differential under sec-
tion 5925 or 5928 of title 5, United States
Code, for such service.".
[COMPENSATION OF DIRECTOR AND DEPUTY
DIRECTOR OF GENERAL INTELLIGENCE
Sec. 603. (a) Section 5312 of title 5. United
States Code, is amended by adding at the
end thereof the following: "Director of Cen-
tral Intelligence.".
(b) Section 5313 of title 5, United States
Code, is amended by inserting "Deputy"
before "Director of Central Intelligence.".
(c) Section 5314 of title 5. United States
Code, is amended by striking out "Duputy
Director of Central Intelligence.".]
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S12254
CONGRESSIONAL RECORD - SENATE September 26, 1985
APPLICATION OF FOREIGN MISSIONS ACT TO IN-
DIVIDUALa ON SECONDMENT TO THE UNITED
NATIONS SECRETARIAT
SEC. [604.1 608. The Secretary of State is
directed to apply to all individuals who are
on secondment from their respective gov-
ernments to the United Nations Secretariat
any and all terms, limitations restrictions.
or conditions applicable to indivdnals pursu-
ant to the Foreign Missions Act of 1982 (22
U.S.C. 4301 et seq.), as may from time to
time be applied to members of the consul-
ates, embassies, or missions to the United
Nations of those respective governments in
the United States, pursuant to the Foreign
Missions Act.
TITLE VII-DIPLOMATIC
EQUIVALENCE AND RECIPROCITY
SHORT TITLE
SEC. 701. This title may be cited as the
"-Diplomatic Equivalencg and Reciprocity
Act of 1985".
POLICY
SEc. 702. (a) It is the policy of the United
States that the number of nationals of the
Soviet Union admitted to the United States
who serve as diplomatic or consular person-
nel of the Soviet Union in the United States
shall not exceed the number of United
States nationals admitted to the Soviet
Union who serve as diplomatic or consular
personnel of the United States in the Soviet
Union unless the President determines and
so certifies to the Congress that additional
admissions of such personnel would be in
the best interests of the United States.
(b) The policy contained in subsection (a)
shall not apply to dependents or spouses
who do not serve as diplomatic or consular
personnel.
REPORTING REQUIREMENT
SEC. 703. Not later than six months after
the date of enactment of this title, the Sec-
retary of State and the Attorney General
shall prepare and transmit to the Commit-
tee on Foreign Relations and the Select
Committee on Intelligence of the Senate
and the Committee on Foreign Affairs and
ttie Permanent Select Committee on Intelli-
gence of the House of Representatives a
report setting forth a plan for ensuring that
the number of Soviet nationals described in
section 701 does not exceed the limitation
described in such section.
DEFINITIONS
SEC. 704. For purposes of this title-
(1) the term "diplomatic or consular per-
sonnel" means the members of the diplo-
matic mission or the members of the consul-
ar post, as the case may be:
(2) the term "members of the diplomatic
mission" is used within the meaning of arti-
cle 1(b) of the Vienna Convention on Diplo-
matic Relations, done on April 18. 1961: and
(3) the term "members of the consular
post" is used within the meaning of article
1(g) of the Vienna Convention on Consular
Relations, done April 24, 1963.
TITLE VIII-ACCESS TO CRIMINAL HIS-
TORY RECORDS FOR NATIONAL SE-
CURITY PURPOSES
CONGRESSIONAL FINDINGS AND POLICIES
SEc. 801. The Congress finds-
(1) that under the Constitution, Congress
has the responsibility and power to provide
for the common defense and security of our
Nation:
(2) that the interests of national security
require that the Department of Defense,
the Office of Personnel Management, or the
Central Intelligence Agency conduct investi-
gations of individuals for the purpose of de-
terinining eligibility for access to classified
information, assignment to or retention in
sensitive national security duties, or accept-
ance or retention in the armed services;
(3) that the interests of national security
require that the Department of Defense,
the Office of Personnel Management, or the
Central Intelligence Agency have access to
criminal history record information when
conducting investigations of individuals for
the purpose of determining eligibility for
access to classified information, assignment
to or retention in sensitive national security
duties, or acceptance or retention in the
armed services: and
(4) that the interests of national security
have been adversely affected by the reluc-
tance and refusal of some State and local
criminal justice agencies to provide criminal
history record information to the Depart-
ment of Defense, the Office of Personnel
Management, or the Central Intelligence
Agency for use in investigations of individ-
uals for the purpose of determining eligibil-
ity for access to classified information, as-
signment to or retention in sensitive nation-
al security duties, or acceptance or retention
in the armed services.
SEc. 802. Chapter 31 of title 10, United
States Code, is amended by striking out sec-
tion 520a and substituting the following:
"t521)a, Criminal history record information for
national security purposes
"(a) As used in this chapter.
"(1) The term 'criminal justice agency' in-
cludes Federal, State, and local agencies and
means: (A) courts, or (B) Government
agency or any subunit thereof which per-
forms the administration of criminal justice
pursuant to a statute or Executive order.
and which allocates a substantial part of its
annual budget to the administration of
criminal justice.
"(2) The term 'criminal history record in-
formation' means information collected by
criminal justice agencies on i ividuals con-
sisting of identifiable descripti and nota-
tions of arrests, detentions, indictments, in-
formation. or other formal criminal charges.
and any disposition arising therefrom, sen-
tencing, correction supervision, and release.
The term does not include identification in-
formation such as fingerprint records to the
extent that such information does not indi-
cate involvement of the individual in the
criminal justice system. The term does not
include those records sealed pursuant to a
lawful order of a court of law.
"(3) The term 'classified information'
means information or material designated
pursuant to the provisions of a statute or
Executive order as requiring protection
against unauthorized disclosure for reasons
of national security.
"(4) The term 'State' means any of the
several States, the District of Columbia, the
Commonwealth of Puerto Rico, the North-
ern Mariana Islands, Guam. the Virgin Is-
lands, American Samoa, the Trust Territory
of Pacific Islands, and any other territory or
possession of the United States.
-(5) The term local" and locality' means
any local government authority or agency
or component thereof within a State having
jurisdiction over matters at a county, munic-
ipal, or other local government level.
-(b)(1) Upon request by the Department
of Defense, the Office of Personnel Manage-
ment, or the Central Intelligence Agency.
criminal justice agencies shall make avail-
able criminal history record information re-
garding individuals under investigation by
the Department of Defense, the Office of
Personnel Management or the Central In-
telligence Agency for the purpose of deter-
mining eligibility for (A) access to classified
information, (B) assignment to or retention
in sensitive national security duties, or (C)
acceptance or retention in the armed serv-
ices. Fees charged for providing criminal
history record information pursuant to this
subsection shall not exceed those charged to
other criminal justice agencies for such in-
formation.
"(2) This subsection shall apply notwith-
standing any other provision of law or regu-
lation of any State or of any locality within
a State. or any other law of the United
States.
"(c) The Department of Defense, the
Office of Personnel Management, or the
Central Intelligence Agency shall not obtain
criminal history record information pursu-
ant to this section unless it has received
written consent from the individual under
investigation for the release of such infor-
mation for one or more of the purposes set
forth in subsection (b).
"(d) Criminal history record information
received under this section shall not be dis-
closed except for the purposes set forth in
subsection (b) or as provided by section 552a
of title 5, United States Code.".
SEC. 803. The amendments made shall
become effective with respect to any inquiry
which begins after the date of enactment of
this Act conducted by the Department of
Defense, the Office of Personnel Manage-
ment, or the Central Intelligence Agency,
for-any of the purposes specified in subsec-
tion (b) of section 520a of title 10, United
States Code, as added by this Act.
Sac. 804. These amendments are made
pursuant to the powers vested in Congress
as found in section 8 of article I of the
United States Constitution.
Mr. DURENBERGER. Mr. Presi-
dent, I ask unanimous consent that
the amendments of the Committees
on Armed Services and Governmental
Affairs be agreed to and that the bill
as amended be treated as original text
for the purpose of future amend-
ments.
The PRESIDING OFFICER. Is
there objection?
Without objection, it is so ordered.
The amendments were agreed to.
AMENDMENT NO. 711
Mr. DURENBERGER. Mr. Presi-
dent, on behalf of the Select Commit-
tee on Intelligence, I send to the desk
amendments to amend title VI and
title VII and ask unanimous consent
that they be considered en bloc.
The PRESIDING OFFICER. With-
out objection, it is so ordered. The
amendments will be stated.
The assistant legislative clerk read
as follows:
The Senator from Minnesota (Mr. DUREN-
BERGER]. for himself and Mr. LEASITY, pro-
poses an amendment numbered 711.
Beginning on page 10, line 1.2, strike out
all through page 12, line 16.
Mr. DURENBERGER. Mr. Presi-
dent, it is my privilege to bring to the
floor the intelligence authorization
bill which authorizes appropriations
for U.S. intelligence activities for fiscal
year 1986.
The Select Committee on Intelli-
gence views the annual budget author-
ization process as one of the principal
means of fulfilling its oversight re-
sponsibilities because of the insight
and leverage that this process provides
in influencing the long-term scope and
direction of U.S. intelligence efforts.
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September 26, 1985 CONGRESSIONAL RECORD - S AFE
The legislation which we are laying
before the Senate today authorizes ap-
propriations fnr those programs and
activities of the U.S. Government
which serve the intelligence needs of
our national policylakers, This in-
cludes the Central Intelligence Agency
and the National Security Agency, as
well as the natiomal iatelligencee activi-
ties of the Departments of Defense,
State. Tr'eastur'y, and Energy, and the
Federal Bureau o? Investigation. The
bill also authorizes appropriations for
the intelligence community staff and
the Central Intelligence Agency retire-
ment and disability system. and it in-
cludes several legislative provisions to
enhance the effectiveness of our Intel-
ligenee agencies.
This year. as in the past, the com-
mittee conducted a coutiprehensive ex-
amination of the intelligence budget
request However, for the first time
since the committee was formed, the
entire budget authorization process
was reviewed at the full eons mittee
rather than the subcommittee level,
which enhanced member participa-
tion. Twelve hearings were held which
included testimony from the Director
and Deputy Director of Central Intel-
ligence, key Defense Department offi-
cials, and each of the principal intelli-
gence program managers.
Because of the sensitivity of the
matters dealt with in the intelligence
authorization bill, I cannot discuss de-
tails in open session. These recommen-
dations have, however, been set forth
in the classified annex to. the commit-
tee's report, which has been available
to Members under the provisions of
Senate Resolution 400 since June.
As is stressed in our reports, the
committee believes that strengthening
and, improving the U.S. intelligence
system should remain among our
highest national priorities. As we have
emphasized in the past, investment in
intelligence must grow to ensure that
the intelligence community is able to
meet the challenges that our nation
will face in the late 1980's and beyond.
The committee recognizes that in-
creased investment alone will not nec-
essarily lead to the intelligence capa-
bilities required in the years ahead.
We must also be more innovative in
crafting the Nation's intelligence ac-
tivities to assure our capability to
meet the challenges U.S. policymakers
will face as we rapidly approach the
21st century. Our assessment contin-
ues to be the same; we see no lessening
of the worldwide competition with our
principal adversaries while, at the
same time, developments in the Third
World and global issues will, grow in
importance to same,. we see no lessen-
ing of the worldwide competition with
our principal adversaries while, at the
same time; developments in the Third
World and global issues will grow in
importance to our national security.
We see an ever-increasing threat
against us, both as. individuals, who are
potentially targeted for terrorist ac-
tions and as a nation which must keep
an ever-constant vigil for those who
would threaten our security.
The committee feels that it is be-
coming increasingly, important to
structure the Intelligence capability so
that our Nation is assured of the peace
and independence upon which it was
founded. In its charter in Senate Reso-
lution 400, the committee was assigned
the responsibility to assure that the
appropriate departments and agencies
of the United States provide informed
and timely intelligence to the execu-
tive and legislative branches. With
these factors in mind, the members of
the committee have identified and es-
tablished a long-range goal that will
provide a framework for our future
review of intelligence budget propos-
als.
Our first major goal became the for-
mulation of a requirement for the ad-
ministration to develop and submit a
strategy for national Intelligence. The
committee agreed early in the year on
this goal for a national intelligence
strategy. We will examine the fiscal
year 1986 budget in terms of the strat-
egy and expect the fiscal year 1987
budget to reflect adherence to the
strategy process. While Intelligence ac-
tivities will remain unique, the psoelrss
employed will not be dissimilar to the
posture statement and resource alloca-
tion exercise currently utilized by the
DOD.
We intend this strategy to be updat-
ed annually and to be the basis for un-
derstanding what is being done in in-
tellfgenee and what is proposed.
There has never been a comprehen-
sive strategy for the intelligence com-
munity which was based on a disci-
plined, consistent standard against
which one could measure the state of
American intelligence.. The intelli-
gence target is infinite,. and our re-
sources will always be limited, Yet,
there is no vehicle which explains our
strengths and weaknesses in intelli-
gence in terms other than "more intel-
ligence is better than less" and "faster
processing and dissemination is better
than Slower."
To address these concerns and to
achieve our goal, the committee has
designed a. series of. hearings to be
held in phases. We have already com-
pleted phase I in this hearing process
and are now well into phase II. These
hearings allow us: to took at specific
areas to see whether strategic think-
ing is guiding intelligence decisions.
We are calling in experts from the in-
telligence community-those consum-
ers and decision makers from both the
current as well as the prior arena of
intelligence:
From these hearings, the committee
is developing a set of guidelines for
the intelligence community. The Di-
rector of Central Intelligence will then
develop a national intelligence strate-
gy which will form the backbone- of
the committee's annual comprehensive
examination of the intelligence budget
request.
S 12255
It is because the committee feels so
strongly the importance of strength-
ened national security that it has
taken on these added respaslities
of contributing to a mace structured
and coordinated effort toward our
country's intelligence capabilities.
With that in mind, the committee
believes that the investments included
in the authorization before you now,
as well as continued investments are
absolutely essential. Intelligence is the
Nation's first line of defense; it is also
one of our major assets for maintain-
ing world peace. In these perilous
times, when miscalculations could
have such devastating consequences, it
is more important than ever that this
Natkm maintain a strong intelligence
system. I strongly urge my colleagues'
support for this important legislation.
Mr. President? I ask unanimous con-
sent. that a letter from the Congres-
sional Budget Office, submitted pursu-
ant to section 403 of the Congressional
Budget Act of 1974, be included in the
Rzcom
There being no objection,, the letter
was ordered to be printed in the
Rscoltn, as follows:
CONGRESSIONAL BUDGET OFFICE.
Washington, DC. lady, 30,198&
Hon. DAVID-DuRENasaosa,
Chairman,, Select Committee on Intelli
genet, Uenate, Washington, DC.
DEAR MR. CHAIRMAN: The Congressiona.
Budget Office has prepared the attachec
cost estimate on S. 1271, the Intelligence
Authorization Act for Fiscal Year 1988, a
ordered repsrted by the Senate Select Com
mittee on Intelligence an June 11. 198&
Should the Committee so desire. we woulc
be pleased to provide further details on the
attached cost estimate.
With best wishes,
sincerely,
RrooLPE G. PENNER.
Director.
CONGRESSIONAL BuDGSrOPPicE COST
ESTIMATE
1. Bill' number.-S. 1271
2. Bill title.-Intelligence Authorization
Act for fiscal year 1988:
3. Bill Status-As. ordered` reported by the
Senate Select Committee on Intelligence on
June 11, 19855
4. Bill purpose.-To authorize appropria-
tions for the fiscal year 1988 for intelligence
activities of the United States Government
the Intelligence Community Staff, the Cen
tral Intelligence Agency Retirement an
Disability Fund, and for other purposes.
5. Estimated cost to the Federal Govern
ment:
' Does not intrude costs at Sec. 101 or receipts from Sec. bit we a
class4o
Basis for Estimate-The aethaaation amounts are stated in the bill Ti
estimate assamet the Hardy wrp be appropriated far the full amount at it
authorization Expenditure of these funds is assumed to follow histw.c
patterns
Section 10.1 authorizes funds for the con
duct of intelligence activities of several ell
ments of the United States government
The amounts authorized by this section ar
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912256
classified and are excluded from this cost es-
timate.
Section 105 authorizes $21.4 million for
the construction of a research and engineer-
ing'facility at Fort Meade, Maryland for the
National Security Agency.
Section 201 authorizes $22.3 million for
the Intelligence Community staff. This
amount provides for 233 full-time personnel
as of September 30. 1986.
Section 301 provides $101.4 million for the
Central Intelligence Agency Retirement and
Disability Fund.
Section 601 authorizes the Secretary of
Defense to use the proceeds of counterintel-
ligence operations conducted by components
of the Military Departments to offset neces-
sary and reasonable expenses incurred in
such operations. Surplus funds are to be de-
posited in the Treasury as miscellaneous re-
ceipts. The amounts involved in this provi-
sion are classified and are excluded from
this cost estimate.
Section 602 authorizes the Director of
Central Intelligence to establish a list of
posts deemed unhealthful. Personnel would
receive one and one half years credit toward
retirement for each year served in such a
post. Because the number of posts deter-
mined to be unhealthful and the number of
personnel affected by such a determination
are not known, it is not possible to estimate
the budgetry impact of this provision.
The bill includes other provisions that do
not have significant budgetary impacts.
6. Estimated cost to state and local gov-
ernments.-None.
7. Estimate comparison.-None.
8. Previous cost estimate.-None.
9. Estimate prepared by.-Jonathan Tyson
(226-2840).
10. Estimate approved by.-James L.
Blum, Assistant Director for Budget Analy-
Sib.
Mr LEAHY. Mr. President, I compli-
ment the distinguished chairman of
the committee for his remarks. We
have done something different this
year than I have seen in the slightly
over 5 years that I have served on the
Intelligence Committee: that is to
handle the budget at the full commit-
tee rather than the subcommittee
level. Having served at both levels, I.
think there had been distinct advan-
tages to allowing all members of the
Intelligence Committee involved in the
budget process. With the complement
of new members on both sides of the
aisle, hallowed members to have a
better idea of what is in often a very
complex and, of course, very secret
budget. I think the only way one fully
understands what goes in the intelli-
gence community is by analysis of the
budget. As the Intelligence Committee
has found, no matter how well-inten-
tioned all of us are, often the only real
oversight control we have is through
the budget process.
So it was a good experiment to try
this year. I think it is one that should
be continued for the next fiscal year. I
am most pleased with the committees
activism in the area of terrorism. It is
one that I have encouraged for years.
As recent events have shown us, ter-
rorist activity throughout the world
contitutes one of the major, if not the
major, nonnuclear threats to the secu-
rity of the United States and to our in-
terests worldwide as well as to our do-
mestic security.
CONGRESSIONAL RECORD - SENATE September 26, 1985
I believe this legislation takes very
affirmative action to address the
threat posed by terrorism.
Mr. President, I yield to the distin-
guished chairman of the committee.
The PRESIDING OFFICER. The
question is now on agreeing to the
amendment.
The amendment (No. 711) was
agreed to.
Mr. DURENBERGER. Mr. Presi-
dent, I move to reconsider the vote by
which the amendments was agreed to.
Mr. LEAHY. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
AMENDMENT NO. 713
(Purpose: To require notification of the Ju-
diciary Committees that certain natural-
ization requirements do not apply to cer-
tain aliens because of their extraordinary
contribution to United States national se-
curity, and for other purposes)
Mr. DURENBERGER. Mr. Presi-
dent, I send an amendment to the desk
on behalf of the Senator from Wyo-
ming (Mr. SIMPSON] and ask for its im-
mediate consideration.
The PRESIDING OFFICER. The
amendment will be stated.
The assistant legislative clerk read
a5 follows:
The Senator from Minnesota [Mr. DUREN-
BERGER]. for Mr. Simpson, proposes an
amendment numbered 713.
Mr. DURENBERGER. Mr. Presi-
dent, I ask unanimous consent that
further reading of the amendment be
dispensed with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
On page 8. beginning on line 12, strike out
"fifteen" and all that follows through "In-
telligence" on line 15 and insert in lieu
thereof the following: "Ten. The Director of
Central Intelligence shall notify the Select
Committee on Intelligence and the Commit-
tee on the Judiciary of the Senate and the
Permanent Select Committee on Intelli-
gence and the Committee on the Judiciary".
Mr. DURENBERGER. Mr. Presi-
dent, the purpose of this amendment
very simply is to require notification
of the Judiciary Committees that cer-
tain naturalization requirements do
not apply to certain aliens because of
the extraordinary contributions to
U.S. national security. It is a very ap-
propriate amendment on behalf of our
colleague from Wyoming, who is also
chairman of the Immigration and Nat-
uralization Subcommittee of Judici-
ary. He spotted an oversight on the
part of the committee, and I highly
recommend its adoption. -
Mr. LEAHY. Mr. President, I thor-
oughly concur with the -statement of
the Senator from Minnesota and also
urge adoption of this amendment.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment.
The amendment (No. 713) was
agreed to.
Mr. DURENBERGER. Mr. Presi-
dent, I move to reconsider the vote by
which the amendment was agreed to.
Mr. LEAHY. I move to lay that
motion on the table.
The motion to lay on the table was
agreed to.
AMENDMENT NO. 714
(Purpose: To provide additional funding and
authority for the Federal Bureau of Inves-
tigation in order to improve the counter-
terrorist capabilities of the Bureau )
Mr. LEAHY. Mr. President, I send
an amendment to the desk on behalf
of the Senator from Texas [Mr. BENT-
SENI, for himself, Mr. DURENBERGER,
myself, and other Senators listed on
the amendment and ask for its imme-
diate consideration.
The PRESIDING OFFICER. The
amendment will be stated.
The legislative clerk read as follows:
The Senator from Vermont [Mr. LEAHY),
for Mr. BENTSEN, Mr. DURENBERGER, Mr.
LEAHY, Mr. COHEN, Mr. BOREN, Mr. ROTH,
Mr. MOYNIHAN. Mr. MURKOWSKI, Mr. ZORIN-
sxY, Mr. SPECTER, Mr. BRADLEY, Mr. LONG,
and Mr. GRASSLEY, proposes an amendment
numbered 714.
Mr. LEAHY. Mr. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
At the appropriate place in the bill, insert
the following:
Sac. . (a) There are authorized to be ap-
propriated for fiscal year 1986, $59,539,000
for the Federal Bureau of Investigation to
carry out the counterterrorism activities.
(b) Notwithstanding any other provision
of law, the Federal Bureau of Investigation
may purchase for fiscal year 1986, an addi-
tional 40 vehicles to be used in counterter-
rorist activities.
(c) Notwithstanding any other provision
of law, the Attorney General may make
payments in advance for expenses arising
out of contractual and reimbursable agree-
ments with State and local law enforcement
agencies while engaged in cooperative activi-
ties related to terrorism.
Mr. BENTSEN. Mr. President, it has
been 3 months now since the hijacking
of TWA Flight 847 and the execution
of Navy diver Robert Stethem by
Middle Eastern terrorists. As the cir-
cumstances surrounding this tragic
event lose their sharp edge in our col-
lective memory, it would be all too
easy for us to lapse into complacency
and to ignore the growing potential
for terrorist activities here in the
United States.
Ignoring the reality of terrorism,
however, would be exceedingly short-
sighted. We are fortunate that terror-
ist activity in this country has not
risen to the heights that it reaches
routinely elsewhere in the world, but
we cannot assume that it will remain
at a reduced level. Indeed, on a world-
wide basis the number of terrorist inci-
dents is increasing steadily. And for
the past few years over 40 percent of
these incidents have been directed
against the U.S. Government or U.S.
citizens or their property.
Nor are internationl terrorists the
only threat we face. This past week in
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supplement. 4
The committee moved".
supplement through the. ;
this Jyeue- lp dealt with in
resistance, in an amount and in a amendment and the third reading of
manner consistent with congressional the bill.
actidn on this issue. Because congres- The amendment was ordered to be
sional action has proscribed CIA and engrossed and the bill to be read a
DOD'administratfon of the humans- third time.
t*rtan')aId ftinds-all of it in the sepa- The bill was read the third time.
rate authortation, as I ' Indicated the The PRESIDING OFFICER. The
Intellfge'nce - Committee's action, in bill having been read the third time,
effect , has been ovtit'talken by events. the question is, Shall it pass?
I-say to'in rceileague and the others, The bill (H.R. 2419, as amended) was
partieularly on his side of the aisle,, passed, as follows:
who have' expressed- a eoncern about H.R. 2419
this issue; that he is Correct in- his Resolved, That the bill from the House of
charcterlfatfoh of our authOritY. Representatives (H.R. 2419) entitled "An
Mr. IRA"-. With' that ~Ul%!IcO, Act to authorize appropriations for fiscal
M. Pr dde t..-~)d it is also MY Under- year 1986 for intelligence and intelligence-
s -4 heve-beeii told by the Ben- related activities of the United States Gov-
about this ernment, the Intelligence Community Staff,
g
.
o
y
only for humanitarian aasfeCa jce to The PRESIDING OFFICER. The
the so-called Nicaraguan democratic question is on the engrossment of the PERSONNEL CEILING ADJUSTMENTS
of tute in lieu thereof the text of S. 1271, "" "` "-- -' -_"-
gence or the Secretary of Defense unless for
d as amended. The PRESIDING OFFICER. The higher priority intelligence activities, based
on unforeseen requirements. than those for
hill- question is on agreeing to the motion which funds were originally authorized: and
military to the reserve, pel"-it The motion was agreed to. which funds were requested has been denied
n
ress
C
b
tha& tMy do not intend'to bring up and the Central Intelligence Agency Retire-
anoNfs':.' t and thus revisit ment and Disability System, and for other
gppt ing that bus been vot'ed,an. purposes". do pass with the following
The Sexless who raised the point amendment:
bars been an the losing side before_ Strike out all after the enacting clause
and insert:"
ard t~xey realize that the vote would That this Act may be cited as the "Intetli-
be .thOA&Me if heeld?again,-I, think they gence Authorization Act for fiscal year
realize, that. the Intelligence Commit- 1986'.
tee handled this .mitten k a straight- TITLE I-INTELLIGENCE ACTIVITIES
forward U09.on. It is clear we in the AUTHORIZATION OF APPROPRIATIONS
gppyottee,,Watch how -anA-where the SEC 101. Funds are hereby authorized to
anoney, is apestt; t9, be gertaln it 4 done be appropriated for fiscal year 1986 for the
sw $ i- m$1i}fr prescribed by the law, conduct of the intelligence activities of the
it- that. aourance. I assure the following elements of the United States Gov-
chairman . that there will not be ernmerit.
amendments-,.on this side on this (1) The Central Intelligence Agency.
matter. (2) The Department of Defense.
Me. DURENBERGER. I thank the (3) The Defense Intelligence Agency.
Senator. (4) The National Security Agency.
Mr. President, I ask for third read- (5) The Department of the Army, the De-
ing of S. 1271. partment of the Navy, and the Department
The PRESIDING OFFICER. The of the Air Force.
(6) The Department of State.
bill is open to further amendment. If (7) The Department of the Treasury.
there be no further amendment to be (8) The Department of Energy.
proposed, the question is on the en- (9) The Federal Bureau of Investigation.
grossment and third reading of the CLASSIFIED SCHEDULE OF AUTHORIZATIONS
bill. SEC. 102. The amounts authorized to be ap-
The bill was ordered to be engrossed propriated under section 101, and the au-
for a third reading and was, read the thorized personnel ceilings as of September
third time. 30, 1986, for the conduct of the intelligelce
activities of the elements listed in such sec.
Mr. DURENBERG ,; '- Press- 144,. ?*, II,. snooifod in the classified
gence may authorize employment of civilian
personnel in excess of the numbers author-
ized for fiscal. year 1986 under sections 102
and 202 of this Act when he determines that
such action is necessary to the performance
of important intelligence functions. except
that such number may not, for any element
of the Intelligence Community, exceed 2 per
centum of the number of civilian personnel
authorized under such sections for such ele-
ment The Director of Central Intelligence
shall promptly notify the Permanent Select
Committee on Intelligence of the House of
Representatives and the Select Committee
on Intelligence of the Senate whenever he ex-
ercises the authority granted by this section.
AU77fORIZATION OF APPROPRIATIONS FOR DESIGN
AND CONSTRUCTION OF A RESEARCH AND ENGI-
NEERING FACILITY AT THE NATIONAL SECURITY
AGENCY HEADQUARTERS COMPOUND
SEC. 105. The National Security Agency is
authorized to secure the design and con-
V ion of a research and engineering fa-
at its headquarters compound at Ft
Meade, Maryland. A single continuous co*-
- -
tract maybe employed to facilitate comple-
tion of the building authorized by this sec-
tion. and the Secretary of Defense is author-
ized to contract for design and construction
in advance of appropriations therefor, but
the cost of such facility may not exceed
S 75,064, 000. Of the amounts authorized to be
appropriated under section 101(4) of this
Act, there is authorized to be appropriated
for fiscal year 1986 the sum of $21,364,000
for design and construction of the facility
authorized by this section during fiscal year
1986.
FUNDING AND AUTHORITY FOR FEDERAL BUREAU
OF INVESTIGATION TO IMPROVE ITS COUNTER-
TERRORIST CAPABILITIES
SEC. 106. (a) There are authorized to be ap-
propriated for fiscal year 1986. $59,539,000
for the Federal Bureau of Investigation to
carry out the counterterrorism activities.
(b) Notwithstanding any other provision
of law, the Federal Bureau of Investigation
may purchase for fiscal year 1986, an addi-
tional 40 vehicles to be used in counterter-
rorist activities.
(c) Notwithstanding any other provision
of law, the Attorney General may make pay-
ments in advance for expenses arising out of
contractual and reimbursable agreements
with State and local law enforcement agen-
cies while engaged in cooperative activities
related to terrorism.
TITLE 11-INTELLIGENCE COMMUNITY
STAFF
debt. I ask tinanimon3'' that Schedule of Authorizations prepared by the
the' Senate proceed to der- Select Committee on Intelligence of the
dtionof H.R. 2419, Calendiif` ' 239, a Senate. That Schedule of Authorizations
companion bill. . shall be made available to the Committees
The PRESIDING OFFICER. The on Appropriations of the Senate and the
bIR'W$I be stated by title. House of Representatives, and to the Presi-
The legislative clerk read as follows: dent. The President shall provide for suita-
A bin (H.R. 2419), to authorize appropria- ble distribution of the schedule,- or of appro-
tions for tisoal year 1986 for intelligence and priate portions of the schedule, within the
Int.llI nos-related- activities of the United executive branch.
13tates Government. the Intelligence Com- CONGRESSIONAL NOTIFICATION OF EXPENDITURES
IN EXCESS OF PROGRAM AUTHORIZATIONS
Staff, and the Central Intelligence
Retirement and Disability System. SEc. 103. During fiscal year 1986, funds
other purposes. may not be made available for any intelli-
PRESIDING OFFICER. IS gence activity unless such funds have been
,
specifically authorized for such activity or
objection to the present consid-
in the case of funds appropriated for a dif-
p#ACReded to consider the bill. has notified the appropriate committees of
AUTHORIZATION OF APPROPRIATIONS
SEC. 201. There is authorized to be appro-
priated for the Intelligence Community
Staff for fiscal year 1986 the sum of
$22,283,000.
AUTHORIZATION OF PERSONNEL END STRENGTH
Sec. 202. (a) The Intelligence Community
Staff is authorized two-hundred-and-thirty-
three full-time personnel as of September 30,
1986. Such personnel of the Intelligence
Community Staff may be permanent em-
ployees of the Intelligence Community Staff
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CONGRESSIONAL RECORD - SENATE September 26, 1985
glassified Mr. DURENBERGER. Mr. J'resi- Congress of the intent to make such funds
tglligence dent, I move to strike all after the en- available for such activity. except that in no
case may reprogramming or transfer author-
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September 26, 1985 CONGRESSIONAL RECORD - SENATE
or personnel detailed from other elements of
the United States. Government.
(b) During fiscal year 1986, personnel of
the Intelligence Community Staff shall be se-
lected so as to provide appropriate represen-
tation from elements of the United States
Government engaged in`tnieljigence activi-
ties.
Ic) During fiscal year 1086, any officer or
employee of the United States or a member
of the Armed Forces who is detailed to the
Intelligence Community Staff from another
element of the United States Government
shall be detailed on a reimbursable basis,
except that any such officer, employee, or
member may be detailed on a nonreimbursa-
ble basis for a period of less than one year
for the performance of temporary functions
as required by the Director of Central Intel-
ligence.
INTELLIGENCE COMMUNITY STAFF ADMINISTERED
IN SAME MANNER AS CENTRAL INTELLIGENCE
AGENCY
SEC. 203. During fiscal year 1986, activi-
ties and personnel of the Intelligence Com-
munity Staff shall be subject to the provi-
sions of the National Security Act of 1947
(50 U.S.C. 401 et seq.) and the Central Intel-
ligence Agency Act of 1949 150 U.S.C. 430a et
seq.) in the same manner as activities and
personnel of the Central Intelligence Agency.
TITLE 111-CENTRAL INTELLIGENCE
AGENCY RETIREMENT AND DISABIL-
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 1986 the sum of $101,400,000.
TITLE IV-GENERAL PROVISIONS
AUTHORITY FOR THE CONDUCT OF INTELLIGENCE
ACTIVITIES
SEC. 401. The authorization of appropria-
tions by this Act shall not be deemed to con-
stitute authority for the conduct of any in-
telligence activity which is not otherwise
authorized by the Constitution or laws of
the United States.
INCREASES IN EMPLOYEE COMPENSATION AND
BENEFITS AUTHORIZED BY LAW
SEC. 402. Appropriations authorized by
this Act for salary, pay, retirement, and
other benefits for Federal employees may be
increased by such additional or supplemen-
tal amounts as may be necessary for any in-
creases in such employee compensation or
benefits authorized by law.
TITLE V-FACILITATING NATURALIZA-
TION OF CERTAIN FOREIGN INTELLI-
GENCE SOURCES
IMMIGRATION AND NATIONALITY ACT AMENDMENT
SEC. 501. Section 316 of the Immigration
and Nationality Act (8 U.S.C. 1427) is
amended by adding at the end thereof the
following new subsection:
"(g)(1) Whenever the Director of Central
Intelligence, the Attorney General and the
Commissioner of Immigration determine
that a petitioner otherwise eligible for natu-
ralization made an extraordinary con-
tribution t the national security of the
United Static or to the conduct of United
States intelligence activities, the petitioner
may be naturalized without regard to the
residence and physical presence require-
ments of this section, or to the prohibitions
of section 313 of this Act, and no residence
within the jurisdiction of the court shall be
required.
"(2) A petition for naturalization may be
filed pursuant to this subsection in any dis-
trict court of the United States, without
regard to the residence of the petitioner. Pro-
ceedings under this subsection shall be con-
ducted in a manner consistent with the pro-
lection of intelligence sources, methods and
activities,
"(3) The number of aliens naturalized pur-
suant to this subsection in any fiscal year
shall not exceed ten. The Director of Central
Intelligence shall notify the Select Commit-
tee on Intelligence and the Committee on
the Judiciary of the Senate and the Perma-
nent Select Committee on Intelligence and
the Committee on the Judiciary of the House
of Representatives each time a determina-
tion is made to apply the provisions of this
subsection.":
TITLE VI-ADMINISTRATIVE
PROVISIONS
USE OF PROCEEDS FROM DEFENSE DEPARTMENT
COUNTERINTELLIGENCE OPERATIONS
SEC. 601. (a) During fiscal year 1986, the
Secretary of Defense may authorize use of
proceeds from counterintelligence oper-
ations conducted by components of the Mili-
tary Departments to offset necessary and
reasonable expenses incurred in such oper-
ations without regard to the provisions of
section 3302 of title 31, United States Code.
(b) As soon as the net proceeds from any
such counterintelligence operation are no
longer necessary for the conduct of that op-
eration, such proceeds shall be deposited
into the Treasury as miscellaneous receipts.
RETIREMENT BENEFITS FOR CERTAIN CENTRAL IN-
TELLIGENCE AGENCY EMPLOYEES SERVING IN
UNHEALTHFUL AREAS
SEC. 602. Section 251 of the Central Intelli-
gence Agency Retirement Act of 1964 for Cer-
tain Employees (50 U.S.C. 403 note) is
amended by inserting "la)" after "SEC. 251."
and by adding at the end thereof the follow-
ing new subsection:
"(b) The Director of Central Intelligence
may from time to time establish, in consul-
tation with the Secretary of State, a list of
places which by reason of climatic or other
extreme conditions are to be classed as un-
healthful posts. Each year of duty at such
posts, inclusive of regular leaves of absence,
shall be counted as one and a half years in
computing the length of service of a partici-
pant under this Act for the purpose of retire-
ment, fractional months being considered as
full months in computing such service. No
extra credit for service at such unhealthful
posts shall be credited to any participant
who is paid a differential under section 5925
or 5928 of title 5, United States Code. for
such service. ".
TITLE VII-ACCESS TO CRIMINAL HIS-
TORY RECORDS FOR NATIONAL SECU-
RITY PURPOSES
CONGRESSIONAL FINDINGS AND POLICIES
SEC. 701. The Congress finds-
(1) that under the Constitution, Congress
has the responsibility and power to provide
for the common defense and security of our
Nation;*
(2) that the interests of national security
require that the Department of Defense, the
Office of Personnel Management, or the Cen-
tral Intelligence Agency conduct investiga-
tions of individuals for the purpose of deter-
mining eligibility for access to classified in-
formation, assignment to or retention in
-sensitive national security duties, or accept-
ance or retention in the armed services,
l3) that the interests of national security
require that the Department of Defense, the
Office of Personnel Management, or the Cen-
tral Intelligence Agency have access to
criminal history record information when
conducting investigations of individuals for
the purpose of determining eligibility for
access to classified information, assignment
to or retention in sensitive national security
duties, or acceptance or retention in the
armed services: and
(4) that the interests of national security
have been adversely affected by the reluc-
S 12259
lance and refusal of some State and local
criminal justice agencies to provide crinti-
nal history record information to the De-
partment of Defense, the Office of Personnel
Management, or the Central Intelligence
Agency for use in investigations of individ-
uals for the purpose of determining eligibil-
ity ity for access to classified information, as-
signment to or retention in sensitive nation-
al security duties, or acceptance or retention
in the armed services.
SEC. 702. Chapter 31 of title 10. United
States Code, is amended by striking out sec-
tion 520a and substituting the following:
".#320x. Criminal history nrord information for
national xecurity purpoxex
"(a) As used in this chapter:
"(1) The term 'criminal justice agency' in-
cludes Federal, State, and local agencies and
means: (A) courts, or (B) Government
agency or any subunit thereof which per- ,
forms the administration of criminal justice
pursuant to a statute or Executive order,
and which allocates a substantial part of its
annual budget to the administration of
criminal justice.
"(2) The term 'criminal history record in-
formation' means information collected by
criminal justice agencies on individuals
consisting of identifiable descriptions and
notations of arrests, detentions, indict-
ments, information, or other formal crimi-
nal charges, and any disposition arising
therefrom, sentencing, correction supervi-
sion, and release. The term does not include
identification information such as finger-
print records to the extent that s1&ch infor-
mation does not indicate involvement of the
individual in the criminal justice system.
The term does not include those records
sealed pursuant to a lawful order of a court
of law.
"(3) The term 'classified information'
means information or material designated
pursuant to- the provisions of a statute or
Executive order as requiring protection
against unauthorized disclosure-for reasons
of national security.
"(4) The term 'State' means any of the sev-
eral States, the District of Columbia, the
Commonwealth of Puerto Rico, the North-
ern Mariana Islands, Guam, the Virgin Is-
lands, American Samoa, the Trust Territory
of Pacific Islands, and any other territory or
possession of the United States.
"(5) The term 'local' and 'locality' means
any local government authority or agency or
component thereof within a State having ju-
risdiction over matters at a county, munici-
pal, or other local government level.
"(b)(1) Upon request by the Department of
Defense, the Office of Personnel Manage-
ment, or the Central Intelligence Agency,
criminal justice agencies shall make avail-
able criminal history record information re-
garding individuals under investigation by
the Department of Defense, the Office of Per-
sonnel Management or the Central Intelli-
gence Agency for the purpose of determining
eligibility for (A) access to classified infor-
mation, (B) assignment to or retention in
sensitive national security duties, or /C) ac-
ceptance or retention in the armed services.
Fees charged for providing criminal history
record information pursuant to this subsec-
tion shall not exceed those charged to other
criminal justice agencies for such informa-
tion.
"(2) This subsection shall apply notwith-
standing any other provision of law or regu-
lation of any State or of any locality within
a State, or any other law of the United
States.
"(c) The Department of Defense, the Office
of Personnel Management, or the Central In-
telligence Agency shall not obtain criminal
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CONGRESS~O l~ . * ORt r .. SENATE
histors reset information ourvaent to this Intelligence Committee, for the effort
aeedioa s,de.r S ha recessed sarturn con- they have put in during the last 8
sent from the individual under investiga- months in mastering a difficult sub-
am for at rdeeae oessah W on for ject under ,somewhat difficult condi-
am or inane dike p swed firth in sub-
section lam'
Odd llshsiaat In addition, the six of us who were
ktslass:altaaad 'irltor'ru~
received under this needles dad( at be dig- holdovers had to adjust to some new
cloned exec S 14or the Pearson; let forth in realities. In which most of us did quite
subsection tMl or as provided by section SSDa
of title 5. United States Code_".
hoe 703. The amendaaeats mode shall
become edifeetive sitA respect to env inpsiry
which kepias alter the aisle of eaactmeat of
this Act conducted by the Department of De-
fense, the Office of Personnel Management,
or the Central Intelligence Agency, for any
of the purposes spelt ied in subsection fbl of
section $261a of title 10, United States, Code,
as added W tills Aet.
Sae ?W. !These amendments awe made pur-
sagant to the powers nested in Congress as
/bud in section S of strlfole t of the United
Stoles Cbnstttutioa.
Mr. IBJRINBERGER. Mr. Presi-
dent, I more to reconsider the vote by
which the bill was passed.
Mr. ,LEAST. I move to lay that
motion an the table.
The motion to lay on the table was
agreed to.
Mr. DUi4ENBERGJUL Mr. Presi-
dent, I sum that the Senate insist on
its amendments and request a confer-
enee with the House of Represents-
on the disagreeing votes of the
two Houses on H.R. 2419 and that the
Chair be authorized to appoint confer-
ees on the part of the Senate.
The motion was agreed to. and the
Chair appointed Mr. DURENRzRGzz.
Mr. CCeigrr, Mr. HAres. Mr. MURaow-
4aa. Air. Hgcar, Mr. Mt7CowwrLL, Mr.
L =KT, Mr. Bitrrrsau, Mr. Nuwx, Mr.
Scares, and Mr. BRADLEY conferees on
the part of the Senate.
Mr. DURENBERGER. Mr. Presi-
dent, I auk unanimous consent that S.
1271 be Indefinitely postponed.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. LEAKY. Mr. President, I compli-
ment the distinguished chairman of
the committee for his expeditious han-
dling of this matter. It has been a
pleasure to work with him in putting
this bill together.
Also, we have an excellent and non-
partisan staff that has helped us.
In carrying out my duties, I especial-
ly want to thank Eric Newsom. Dan
Finn, and George Tenet. In mention-
ing those three, I do not mean in any
way to preclude others, because we
have some of the finest men and
women serving on the Intelligence
Committee, working with Senators on
both sides of the aisle, of any commit-
tee on which I have served.
Mr. DURENBERGER. Mr. Presi-
dent. I an grateful to my colleague
fnram Vermont for his comments.
I am particularly grateful to the ma-
jority leader and the minority leader
for the wisdom they have demonstrat-
ed. in January in the appointment of
nine new members to a committee
which is incredibly important to this
body.
I compliment in particular the nine
of our colleagues who are new to the
well. The new staff and the old staff
have performed incredibly well under
the direction of the new staff director,
to whom I am most grateful, Mr.
Bernie McMahon, who left the U.S.
Navy for much more challenging re-
sponsibilities here.
All the members of the majority and
minority staff are gifted and have
made and will continue to make out-
standing contributions to this effort.
On my behalf and on behalf of my col-
league from Vermont, I am grateful to
them for the expeditious way in which
this matter was handled, and to our
colleagues who may have had some
concerns about the content, for per-
mitting us to go ahead with this bill
this evening.
Mr. LEAHY. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. SIMPSON. Mr. President. I ask
unanimous consent that the order for
the quorum call be rescinded.
Mr. MELCHER. Mr. President. re-
serving the right to object, I wonder If
the assistant majority leader can
inform me whether I can call up the
extension of the dairy program.
Mr. SIMPSON. Mr. President, we
have--
The PRESIDING OFFICER. If the
Chair may state. the pending business
is the quorum call that has yet to be
withdrawn.
Is there objection to withdrawal of
the quorum?
Mr. MELCHER. I object.
The PRESIDING OFFICER. Objec-
tion is heard.
The clerk will call the roll
The assistant legislative clerk pro-
ceeded to call the roll
Mr. SIMPSON. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded. -
The PRESIDING OFFICER. With-
out objection, it is so ordered.
MESSAGES FROM THE
PRESIDENT
Messages from the President of the
United States were communicated to
the Senate by Mr. Saunders, one of his
secretaries.
EXECUTIVE MESSAGES
REFERRED
As in executive session. the Presid-
ing Officer laid before the Senate mes-
sages from the President of the United
States submitting sundry nominations
which were referred to the appropri-
ate committees.
,.1. 1\ { M 6 l i ' .
September 26, 1985
(The nominations received today are
printed at the end of the Senate pro-
ceedings.)
PRESIDENTAL APPROVALS
A message from the President of the
United States announced that he had
approved and signed the following en-
rolled bill and joint resolution:
September 19.19&5.
S.J. Res. 31, Joint Resolution to designate
the week of November 24 through Novem-
ber 30. 1985. and the week of November 23
through November 29. 1988. as "National
Family Week."
September 25. 1985:
S. 444, An act to amend the Alaska Native
Claims Settlement Act.
MESSAGES FROM THE HOUSE
At 3b9 p.m., a message from the
House of Representatives, delivered by
Ms. Goetz, one of its reading clerks,
announced that the House hang passed
the following bill and joint resolution.
without amendment
S. 1417. An Act to amend title 39, United
States Code, to provide interim extensions
of the authority of the VeteraxW Adminis-
trssian to orna44 a regional off4ia on the
Republic of the Philippines. to eobtraet for
hospital spire and outpatient seswiees in
Puerto Riao and the Virgin Islands, and to
contract for toatment and rehabilitation
services for alcohol and drug dependence
and abuse disabilities, and to amend the
Emergency Veterans' Job Training Act of
1983 to extend the period for entering into
training under such Act and
S.J. Res. 1?!. Joint resolution to grant the
consent of Congress to certain additional
powers conferred upon the Bi-State Devel-
opment Agency by the States of Missouri
and Ulinois.
The message also announced that
the House has passed the following
bills, in which it requests the concur-
rence of the Senate:
H.R. 1246. An act to establish a federally
declared Floodway for the Colorado River
below Davis Dam:
H.R. 2453. An act to amend the Older
Americans Act of 1965 to increase the
amounts authorized to be appropriated for
fiscal years 1985, 1986. and 1987 for com-
modity distribution, and for other purposes:
and
H.R. 3166. An act to amend the Foreign
Assistance Act of 1961 with respect to the
activities of the Overseas Private Invest-
ment Corporation.
ENROLLED BILL AND JOINT RESOLUTIONS SIGNED
At 3:57 p.m.. a message from the
House of Representatives, delivered by
Ms. Goetz, one of its reading clerks.
announced that the Speaker has
signed the following enrolled bill and
joint resolutions:
S. 1689, An act to amend various provi-
sions of the Public Health Service Act:
S.J. Res. 127. Joint resolution to grant the
consent of Congress to certain additional
powers conferred upon the BiState Devel-
opment Agency by the States of Missouri
and Illinois: and
l&J. Res. 388. Joint resolution making
continuing appropriations for the fiscal year
1986, and for other purposes.
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