Intelligence Authorization Act for Fiscal Year 1987
PL 99-569 (H.R.4759), enacted 10/27/1986

100 STAT. 3190 
PUBLIC LAW 99-569—OCT. 27, 1986 
Public Law 99-569 
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99th Congress 
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An Act 
To authorize appropriations for fiscal year 1987 for intelligence and intelligence-
Oct. 27,1986 
related activities of the United States Government, the Intelligence Community 
[H.R. 4759] 
Staff, and the Central Intelligence Agency Retirement and Disability System, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Intelligence 
United States of America in Congress assembled, That this Act mav 
Authorization 
be clted as the "Intelligence Authorization Act for Fiscal Year 1987'. 
Act for Fiscal 
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Year 1987. 
TITLE I—INTELLIGENCE ACTIVITIES 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 101. Funds are hereby authorized to be appropriated for fiscal 
year 1987 for the conduct of the intelligence and intelligence-related 
activities of the following 
elements 
of the 
United 
States 
Government: 
(1) The Central Intelligence Agency. 
(2) The Department of Defense. 
(3) The Defense Intelligence Agency. 
(4) The National Security Agency. 
(5) The Department of the Army, the Department of the 
Navy, and the Department of the Air Force. 
(6) The Department of State. 
t'jic (7) The Department of the Treasury. 
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(8) The Department of Energy. 
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(9) The Federal Bureau of Investigation. 
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(10) The Drug Enforcement Administration. 
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CLASSIFIED SCHEDULE OF AUTHORIZATIONS 
SEC. 102. (a) The amounts authorized to be appropriated under 
section 101, and the authorized personnel ceilings as of September 
30, 1987, for the conduct of the intelligence and intelligence-related 
activities of the elements listed in such section, are those specified in 
the classified Schedule of Authorizations prepared by the Commit-
tee of Conference to accompany H.R. 4759 of the Ninety-ninth 
Congress. 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 distribution of the Schedule, or of appropriate portions 
of the Schedule, within the executive branch. 
03) Funds appropriated to the Department of Defense for fiscal 
year 1987 for intelligence and intelligence-related activities and 
listed under the heading "ADDITIONAL SPECIFICALLY AUTHORIZED 
ACTIVITIES" in the Schedule of Authorizations to which subsection (a) 
refers, shall be considered to be specifically authorized by the 
Congress for such activities for purposes of section 502 of the 
PUBLIC LAW 99-569—OCT. 27, 1986 
100 STAT. 3191 
National Security Act of 1947, notwithstanding the absence of 
souse414. 
authorizations of appropriations for such activities in this Act. 
PERSONNEL CEILING ADJUSTMENTS 
SEC. 103. The Director of Central Intelligence may authorize 
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emplo)mient of civilian personnel in excess of the numbers au-
thorized for fiscal year 1987 under sections 102 and 202 of this Act 
when he determines that such action is necessary to the perform-
ance 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 element. The Director of Central Intelligence 
shall promptly notify the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select Committee on 
Intelligence of the Senate whenever he exercises the authority 
granted by this section. 
AUTHORITY FOR THE CONDUCT OF INTELLIGENCE ACTIVITIES 
SEC. 104. The authorization of appropriations by this Act shall not 
be deemed to constitute authority for the conduct of any intelligence 
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. 105. Appropriations authorized by this Act for salary, pay, 
retirement, and other benefits for Federal employees may be in-
creased by such additional or supplemental amounts as may be 
necessary for increases in such compensation or benefits authorized 
by law. 
RESTRICTION ON SUPPORT FOR MIUTARY OR PARAMIUTARY OPERATIONS 
IN NICARAGUA 
SEC. 106. 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 obligated and ex-
pended during fiscal year 1987 to provide funds, materiel, or other 
assistance to the Nicaraguan democratic resistance to support mili-
tary or paramilitary operations in Nicaragua only as authorized in 
section 101 and as specified in the classified Schedule of Authoriza-
tions referred to in section 102, or pursuant to section 502 of the 
National Security Act of 1947, or pursuant to any provision of law 
50 U
S
C 414. 
specifically providing such funds, materiel, or assistance. 
RESTRICTION ON INTELLIGENCE AGENCY COOPERATION WITH SOUTH 
AFRICA 
SEC. 107. No agency or entity of the United States involved in 
22 U
S
C 5072a. 
intelligence activities may engage in any form of cooperation, direct 
or indirect, with the Government of South Africa, except activities 
which are reasonably designed to facilitate the collection of nec-
essary intelligence. It is the policy of the United States that no 
agency or entity of the United States involved in intelligence activi-
ties may provide any intelligence information to the Government of 
South Africa which pertains to a South African internal opposition 
100 STAT. 3192 
PUBLIC LAW 99-569—OCT. 27, 1986 
group, movement, organization, or individual. Any change in such 
policy, or the provision of intelligence information contrary to such 
policy, shall be considered a significant anticipated intelligence 
activity for purposes of section 501 of the National Security Act of 
50 use 413. 
1947. 
TITLE II—INTELLIGENCE COMMUNITY STAFF 
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AUTHORIZATION OP APPROPRIATIONS 
SEC. 201. There is authorized to be appropriated for the Intel-
ligence Community Staff for fiscal year 1987 the sum of $22,000,000. 
AUTHORIZATION OP PERSONNEL END-STRENGTH 
SEC. 202. (a) The Intelligence Community Staff is authorized two 
hundred thirty seven full-time personnel as of September 30, 1987. 
Such personnel of the Intelligence Community Stsrff may be perma-
nent employees of the Intelligence Community Staff or personnel 
detailed from other elements of the United States Grovernment. 
(b) During fiscal year 1987, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in 
intelligence and intelligence-related activities. 
(c) During fiscal year 1987, any officer or employee of the United 
States or a member of the Armed Forces who is detailed to the 
Intelligence Community Staff from another element of the United 
States Government shall be detailed on a reimbursable basis, except 
that any such officer, employee, or member may be detailed on a 
nonreimbursable basis for a period of less than one year for the 
performance of temporary functions as required by the Director of 
Central Intelligence. 
INTELUGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS 
CENTRAL INTELUGENCE AGENCY 
SEC. 203. During fiscal year 1987, activities and personnel of the 
Intelligence Community 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 personnel of the Central Intel-
ligence Agency. 
TITLE III—CENTRAL INTELLIGENCE AGENCY RETIREMENT 
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AND RELATED MATTERS 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 301. There is authorized to be appropriated for the Central 
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Intelligence Agency Retirement and Disability Fund for fiscal year 
1987 the sum of $125,800,000. 
SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES OF CIA EMPLOYEES 
SEC. 302. (a) Part C of title II of the Central Intelligence Agency 
50 use 403 note. Retirement Act of 1964 for Certain Employees is amended by adding 
at the end thereof the following new section: 
PUBLIC LAW 99-569—OCT. 27, 1986 
100 STAT. 3193 
"SURVIVOR BENEFITS FOR CERTAIN OTHER FORMER SPOUSES 
"SEC. 224. (a)(1) Any individual who was a former spouse of a 
50 use 403 note, 
participant or former participant on November 15, 1982, shall be 
entitled, to the extent of available appropriations, and except to the 
extent such former spouse is disqualified under subsection (b), to a 
survivor annuity equal to 55 per centum of the greater of— 
"(A) the full amount of the participant's or former partici-
pant's annuity, as computed under section 221(a); or 
"(B) the full amount of what such annuity as so computed 
would be if the participant or former participant had not with-
drawn a lump-sum portion of contributions made with respect 
to such annuity. 
"(2) A survivor annuity payable under this section shall be re- 
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duced by an amount equal to the amount of retirement benefits, not 
including benefits under title II of the Social Security Act, received 
42 use 40i. 
by the former spouse which are attributable to previous employ-
ment of such former spouse by the United States. 
"(b) A former spouse shall not be entitled to a survivor annuity 
under this section if— 
"(1) an election has been made with respect to such former 
spouse under section 223; 
"(2) the former spouse remarries before age fifty-five; or 
"(3) the former spouse is less than fifty years of age. 
"(c)(1) The entitlement of a former spouse to a survivor annuity 
under this section— 
"(A) shall commence— 
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"(i) in the case of a former spouse of a participant or 
former participant who is deceased as of the effective date 
of this section, beginning on the later of— 
"(I) the sixtieth day after such date; or 
^j., 
"(II) the date such former spouse reaches age fifty; 
and 
"(ii) in the case of any other former spouse, beginning on 
the lastest of— 
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"(I) the date that the participant or former partici-
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pant to whom the former spouse was married dies; 
"(II) the sixtieth day after the effective date of this 
section; or 
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"(III) the date such former spouse reaches age fifty; 
and 
"(B) shall terminate on the last day of the month before the 
former spouse's death or remarriage before attaining age fifty-
five. 
"(2)(A) A survivor annuity under this section shall not be payable 
unless appropriate written application is provided to the Director, 
complete with any supporting documentation which the Director 
may by regulation require, within thirty months after the effective 
date of this section. 
"(B) Upon approval of an application provided under subpara-
graph (A), the appropriate survivor annuity shall be payable to the 
former spouse with respect to all periods before such approval 
during which the former spouse was entitled to such annuity under 
this section, but in no event shall a survivor annuity be payable 
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under this section with respect to any period before the effective 
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date of this section. 
"(d) The Director shall— 
100 STAT. 3194 
PUBLIC LAW 99-569—OCT. 27, 1986 
"(1) as soon as possible, but not later than sixty days after the 
effective date of this section, issue such regulations as may be 
necessary to carry out this section; and 
"(2) to the maximum extent practicable, and as soon as 
possible, inform each individual who was a former spouse of a 
participant or former participant on November 15, 1982, of any 
rights which such individual may have under this section.". 
(b) Section 14(a) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403n(a)) is amended by inserting "224," after "222, 223,". 
(c) For fiscal year 1987, not to exceed $500,000 shall be available 
from amounts appropriated under the authority of section 101(1) of 
this Act for survivor annuities under section 224 of the Central 
Ante, p. 3193. 
Intelligence Agency Retirement Act of 1964 for Clertain Employees 
and under the amendment made by subsection (b) of this section. 
50USC403n 
(d) The amendments made by this section shall take effect on 
note. 
October 1,1986. 
, ,. HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL 
INTELLIGENCE AGENCY EMPLOYEES 
SEC. 303. (a) The Central Intelligence Agency Act of 1949 is 
amended by adding at the end a new section as follows: 
"HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES OF CENTRAL 
INTELUGENCE AGENCY EMPLOYEES 
50USC403p. 
"SEC. 16. (a) Except as provided in subsection (cXD, any 
individual— 
"(1) formerly married to an employee or former employee of 
the Agency, whose marriage was dissolved by divorce or annul-
ment before May 7,1985; 
"(2) who, at any time during the eighteen-month period before 
the divorce or annulment became final, was covered under a 
health benefits plan as a member of the family of such em-
ployee or former employee; and 
"(3) who was married to such employee for not less than ten 
. years during periods of service by such employee with the 
Agency, at least five years of which were spent outside the 
United States by both the employee and the former spouse, 
is eligible for coverage under a health benefits plan in accordance 
with the provisions of this section. 
"(bXD Any individual eligible for coverage under subsection (a) 
may enroll in a health benefits plan for self alone or for self and 
family if, before the expiration of the six-month period beginning on 
the effective date of this section, and in accordance with such 
procedures as the Director of the Office of Personnel Management 
shall by regulation prescribe, such individual— 
"(A) files an election for such enrollment; and 
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"(B) arranges to pay currently into the Employees Health 
Benefits Fund under section 8909 of title 5, United States Code, 
an amount equal to the sum of the employee and agency 
contributions payable in the case of an employee enrolled under 
5 use 8901 et 
chapter 89 of such title in the same health benefits plan and 
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with the same level of benefits. 
"(2) The Director of Central Intelligence shall, as soon as possible, 
take all steps practicable— 
PUBLIC LAW 99-569—OCT. 27, 1986 
100 STAT. 3195 
"(A) to determine the identity and current address of each 
former spouse eligible for coverage under subsection (a); and 
"(B) to notify each such former spouse of that individual's 
rights under this section. 
"(3) The Director of the Office of Personnel Management, upon 
notification by the Director of Central Intelligence, shall waive the 
six-month limitation set forth in paragraph (1) in any case in which 
the Director of Central Intelligence determines that the cir-
cumstances so warrant. 
"(cXD Any former spouse who remarries before age 
fifty-five 
is not 
eligible to make an election under subsection (bXD. 
"(2) Any former spouse enrolled in a health benefits plan pursu-
ant to an election under subsection (bXD may continue the enroll-
ment under the conditions of eligibility which the Director of the 
Office of Personnel Management shall by regulation prescribe, 
except that any former spouse who remarries before age fifty-five 
shall not be eligible for continued enrollment under this section 
after the end of the thirty-one-day period beginning on the date of 
remarriage. 
"(d) No individual may be covered by a health benefits plan under 
this section during any period in which such individual is enrolled 
in a health benefits plan under any other authority, nor may any 
individual be covered under more than one enrollment under this 
section. 
"(e) For purposes of this section the term 'health benefits plan' 
means an approved health benefits plan under chapter 89 of title 5, 5 use 890i et 
United States Code.". 
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(b) The amendment made by this section shall take effect on 50 use 403p 
October 1,1986. 
note. 
TITLE IV—COUNTERINTELLIGENCE AND SECURITY 
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COUNTERINTELLIGENCE OFFICIAL VISITOR EXCHANGES 
SEC. 401. (a) Chapter 33 of title 28, United States Code, is amended 
by adding at the end thereof the following new section: 
"§539. Counterintelligence official reception and representation 
28 use 539. 
expenses 
"The Director of the Federal Bureau of Investigation may use 
funds available to the Federal Bureau of Investigation for counter-
intelligence programs to pay the expenses of hosting foreign officials 
in the United States under the auspices of the Federal Bureau of 
Investigation for consultation on counterintelligence matters.". 
(b) The table of contents for chapter 33 of title 28, United States 
Code, is amended by adding at the end thereof the following: 
"539. eounterintelligence official reception and representation expenses.". 
(c) Chapter 4 of title 10, United States Code, is amended by adding 
at the end thereof the following new section: 
"§ 140a. Counterintelligence official reception and representation 
1
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expenses 
"The Secretary of Defense may use funds available to the Depart-
ment of Defense for counterintelligence programs to pay the ex-
penses of hosting foreign officials in the United States under the 
100 STAT. 3196 
PUBLIC LAW 99-569—OCT. 27, 1986 
auspices of the Department of Defense for consultation on counter-
intelligence matters.". 
(d) The table of contents for chapter 4 of title 10, United States 
Code, is amended by adding at the end thereof the following: 
"140a. Counterintelligence official reception and representation expenses.". 
FBI ACCESS TO STATE AND LOCAL CRIMINAL RECORDS FOR SECURITY • 
CLEARANCES 
SEC. 402. (a) Section 9101 of title 5, United States Code, is amended 
as follows: 
(1) in paragraph (1) of subsection (b) by striking "or" after 
"Office of Personnel Management,", by inserting "or the Fed-
eral Bureau of Investigation," after "the Central Intelligence 
Agency,", and by striking "department, office or agency" and 
inserting in lieu thereof "department, office, agency or bureau"; 
(2) in subparagraph (3XA) of subsection (b) by striking "or" 
after "Office of Personnel Management," by inserting ", or the 
Federal Bureau of Investigation" after "the Central Intelligence 
Agency", by striking "department, office or agency" and insert-
ing in lieu thereof "department, office, agency, or bureau", and 
by striking "department, office, or agency." and inserting in 
lieu thereof "department, office, agency, or bureau."; 
(3) in subparagraph (3)(B) of subsection (b) by striking "or" 
after "Office of Personnel Management," and by inserting ", or 
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the Federal Bureau of Investigation" after "the Central Intel-
ligence Agency"; and 
(4) in subsection (c) by striking "or" after "Office of Personnel 
Management," and by inserting ", or the Federal Bureau of 
Investigation" after "the Central Intelligence Agency". 
5 use 9101 note. 
(b) Section 803(a) of the Intelligence Authorization Act for fiscal 
year 1986 (Public Law 99-169) is amended by striking "and" after 
"Office of Personnel Management," and by inserting "and the Fed-
eral Bureau of Investigation," after "the Central Intelligence 
Agency,". 
5 use 9101 note. 
(c) The amendments made by this section shall become effective 
with respect to any inquiry which begins after the date of enactment 
of this Act conducted by the Federal Bureau of Investigation for 
purposes specified in paragraph (b)(1) of section 9101 of title 5, 
United States Code. 
PERMANENT EXTENSION OF DOD AUTHORFTY TO USE PROCEEDS FROM 
COUNTERINTELUGENCE OPERATIONS 
SEC. 403. (a) Chapter 4 of title 10, United States Code, as amended 
by section 401(c) of this Act, is further amended by adding at the end 
thereof the following new section: 
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0 use 140b. 
"§ 140b. Authority to use proceeds from counterintelligence oper-
ations of the military departments 
"(a) The Secretary of Defense may authorize, without regard to 
the provisions of section 3302 of title 31, United States Code, use of 
proceeds from counterintelligence operations conducted by compo-
nents of the military departments to offset necessary and reasonable 
expenses, not otherwise prohibited by law, incurred in such oper-
ations, and to make exceptional performance awards to personnel 
PUBLIC LAW 99-569—OCT. 27, 1986 
100 STAT. 3197 
involved in such operations, if use of appropriated funds to meet 
such expenses or to make such awards would not be practicable. 
"(b) As soon as the net proceeds from such counterintelligence 
operations are no longer necessary for the conduct of those oper-
ations, such proceeds shall be deposited into the Treasury as 
miscellaneous receipts. 
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"(c) The Secretary of Defense shall establish policies and proce-
dures to govern acquisition, use, management, and disposition of 
proceeds from counterintelligence operations conducted by compo-
nents of the military departments, including effective internal sys-
tems of accounting and administrative controls.". 
(b) The table of contents for chapter 4 of title 10, United States 
Code, as amended by section 401(d) of this Act, is further amended 
by adding at the end thereof the following: 
"140b. Authority to use proceeds from counterintelligence operations of the military 
departments.". 
FEDERAL BUREAU OF INVESTIGATION COUNTERINTELLIGENCE ACCESS TO 
FINANCIAL RECORDS OF AGENTS OF FOREIGN POWERS 
SEC. 404. Section 1114(a) of the Right to Financial Privacy Act of 
1978 (12 U.S.C. 3414(a)) is amended by adding at the end thereof the 
following new paragraph: 
"(5)(A) Financial institutions, and officers, employees, and 
agents thereof, shall comply with a request for a customer's or 
entity's financial records made pursuant to this subsection by 
the Federal Bureau of Investigation when the Director of the 
Federal Bureau of Investigation (or the Director's designee) 
certifies in writing to the financial institution that such records 
are sought for foreign counterintelligence purposes and that 
there are specific and articulable facts giving reason to believe 
that the customer or entity whose records are sought is a 
foreign power or an agent of a foreign power as defined in 
section 101 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801). 
"(B) The Federal Bureau of Investigation may disseminate 
information obtained pursuant to this paragraph only as pro-
vided in guidelines approved by the Attorney General for for-
eign intelligence collection and foreign counterintelligence 
investigations conducted by the Federal Bureau of Investiga-
tion, and, with respect to dissemination to an agency of the 
United States, only if such information is clearly relevant to the 
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authorized responsibilities of such agency. 
"(C) On a semiannual basis the Attorney General shall fully 
inform the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intel-
ligence of the Senate concerning all requests made pursuant to 
this paragraph. 
"(D) No financial institution, or officer, employee, or agent of 
such institution, shall disclose to any person that the Federal 
Bureau of Investigation has sought or obtained access to a 
customer's or entity's financial records under this paragraph.". 
100 STAT. 3198 
PUBLIC LAW 99-569—OCT. 27, 1986 
TITLE V—ADMINISTRATIVE AUTHORITIES RELATING TO 
INTELLIGENCE PERSONNEL 
DEFENSE INTELLIGENCE AGENCY CIVILIAN MEDICAL EVACUATION 
BENEFIT 
Ante, p. 628. 
SEC. 501. Subsection 1605(a) of title 10, United States Code, is 
amended by inserting ", (5)" after "paragraphs (2), (3), (4)" and after 
"(22 U.S.C. 4081 (2), (3), (4)". 
O N E YEAR EXTENSION OF DEFENSE INTELLIGENCE A G E N C Y SPECIAL 
TERMINATION AUTHORITY 
SEC. 502. Paragraph 1604(e)(1) of title 10, United States Code, is 
amended by striking "fiscal years 1985 and 1986" and inserting in 
lieu thereof "fiscal years 1986 and 1987". 
ACCEPTANCE OF DIRECTOR OF CENTRAL INTELLIGENCE AWARDS BY 
MILITARY INTELUGENCE PERSONNEL 
SEC. 503. Section 402 of the Intelligence Authorization Act for 
50 use 403e-i. 
Fiscal Year 1984 (Public Law 98-215) is amended by adding at the 
end thereof the following: 
"(c) During fiscal year 1987, the Director of Central Intelligence 
may exercise the authority granted in section 4503(2) of title 5, 
United States Code, with respect to members of the Armed Forces 
who are assigned to foreign intelligence duties at the time of the 
conduct which gives rise to the exercise of such authority. 
"(d) An award made by the Director of Central Intelligence to an 
employee or member of the Armed Forces under the authority of 
section 4503 of title 5, United States Code, or this section may be 
paid and accepted notwithstanding— 
"(1) section 5536 of title 5, United States Code; and 
"(2) the death, separation, or retirement of the employee or 
the member of the Armed Forces whose conduct gave rise to the 
^H award, or the assignment of such member to duties other than 
foreign intelligence duties.". 
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MANAGEMENT OF CIVIUAN INTELLIGENCE PERSONNEL OF THE 
MILITARY DEPARTMENTS 
SEC. 504. (a) Chapter 81 of title 10, United States Code, is amended 
by adding at the end thereof the following new section: 
10 use 1590. 
"§ 1590. Management of civilian intelligence personnel of the mili-
tary departments 
"(a) The Secretary of Defense may, without regard to the provi-
sions of any other law relating to the number, classification, or 
compensation of employees— 
"(1) establish such positions for civilian intelligence officers 
and employees of the military departments as may be necessary 
to carry out the intelligence functions of such departments; 
"(2) appoint individuals to such positions; and 
"(3) fix the compensation of such individuals for service in 
such positions. 
"(b) The Secretary of Defense shall, subject to subsection (c), fix 
the rates of basic pay for positions established under subsection (a) 
in relation to the rates of basic pay provided in the General Sched-
PUBLIC LAW 99-569—OCT. 27, 1986 
100 STAT. 3199 
ule under section 5332 of title 5 for positions subject to such Sched-
ule which have corresponding levels of duties and responsibilities. 
Except in the case of a civilian intelligence officer or employee of a 
military department serving as a member of the Senior Executive 
Service of a military department, no civilian intelligence officer or 
employee of a military department may be paid basic pay at a rate 
in excess of the highest rate of basic pay payable under such 
General Schedule. 
"(c) The Secretary of Defense is authorized, consistent with section 
5341 of title 5, to adopt such provisions of such title as provide for 
prevailing rate systems of basic pay and to apply such provisions to 
positions for civilian intelligence officers or employees in or under 
which the military departments may employ individuals described 
by section 5342(a)(2)(A) of such title. 
"(d) In addition to the basic pay payable under subsection (b), 
civilian intelligence officers and employees of the military depart-
ments who are citizens or nationals of the United States and who 
are stationed outside the continental United States or in Alaska 
may be paid allowances, in accordance with regulations prescribed 
by the Secretary of Defense, not in excess of an allowance au-
thorized to be paid by section 5941(a) of title 5 for employees whose 
rates of basic pay are fixed by statute. Such allowances shall be 
based on— 
"(1) living costs substantially higher than in the District of 
Columbia; 
"(2) conditions of environment which differ substantially from 
conditions of environment in the continental United States and 
warrant an allowance as a recruitment incentive; or 
"(3) both of the factors described in paragraphs (1) and (2). 
"(e)(1) Notwithstanding any other provision of law, the Secretary 
of Defense may, during fiscal year 1987, terminate the employment 
of any civilian intelligence officer or employee of a military depart-
ment whenever he considers that action to be in the interests of the 
United States and he determines that the procedures prescribed in 
other provisions of law that authorize the termination of the 
employment of such officer or employee cannot be invoked in a 
manner consistent with the national security. The decisions of the 
Secretary under this paragraph are final and may not be appealed 
or reviewed outside the Department of Defense. The Secretary of 
Defense shall promptly notify the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Commit-
tee on Intelligence of the Senate whenever this termination author-
ity is exercised. 
"(2) Any termination of employment under this subsection shall 
not affect the right of the officer or employee involved to seek or 
accept employment with any other department or agency of the 
United States if he is declared eligible for such employment by the 
Director of the Office of Personnel Management. 
"(3) The Secretary of Defense may delegate authority under this 
subsection only to the Deputy Secretary of Defense or the Secretary 
concerned or both. An action to terminate any civilian intelligence 
officer or employee of a military department bv either such officer 
shall be appealable to the Secretary of Defense. . 
(b) The table of sections at the beginning of chapter 81 of title 10, 
United States Code is amended by adding at the end thereof the 
following new item: 
"1590. Management of civilian intelligence personnel of the military departments.". 
100 STAT. 3200 
PUBLIC LAW 99-569—OCT. 27, 1986 
10 use 1590 
(c) The Secretary of Defense shall conduct a comprehensive review 
note. 
2ui(j evaluation of the implementation of section 1590 of title 10, 
United States Code and shall report thereon to the Congress no later 
than March 1,1989. Such report shall— 
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(1) describe the extent to which the civilian intelligence 
personnel management systems established under section 1590 
of title 10 have improved acquisition and retention of civilian 
intelligence personnel by the military departments; 
(2) describe the elements of uniformity among the civilian 
intelligence personnel management systems established under 
( 
section 1590 of title 10; 
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(3) describe the elements of diversity among the civilian 
i 
intelligence personnel management systems established under 
section 1590 of title 10, and explain the need for such diversity 
based on differences in the intelligence needs or missions of the 
military departments; 
i 
(4) describe the means for oversight within the Office of the 
%, Secretary of Defense and each of the military departments for 
ensuring consistent application of regulations, directives, and 
guidelines which implement the authority granted under sec-
s 
tion 1590 of title 10; 
(5) contain recommendations for any legislative changes the 
Secretary of Defense may deem appropriate; and 
(6) include such other matters as the Secretary of Defense 
may deem appropriate. 
NATIONAL SECURITY AGENCY ACQUISITION OF CRITICAL SKILLS 
SEC. 505. The National Security Agency Act of 1959 (50 U.S.C. 402 
note) is amended by adding at the end thereof the following section: 
Minorities. 
"SEC. 16. (a) The purpose of this section is to establish an under-
Education. 
graduate tr£dning program, which may lead to the baccalaureate 
degree, to facilitate the recruitment of individuals, particularly 
minority high school students, with a demonstrated capability to 
develop skills critical to the mission of the National Security 
Agency, including mathematics, computer science, engineering, and 
foreign languages. 
"Q}) The Secretary of Defense is authorized, in his discretion, to 
assign civilian employees of the National Security Agency as stu-
dents at accredited professional, technical, and other institutions of 
higher learning for training at the undergraduate level in skills 
critical to effective performance of the mission of the Agency. 
"(c) The National Security Agency may pay, directly or by re-
imbursement to employees, expenses incident to assignments under 
subsection (b), in any fiscal year only to the extent that appropriated 
funds are available for such purpose. 
"(dXD To be eligible for assignment under subsection (b), an 
employee of the Agency must agree in writing— 
"(A) to continue in the service of the Agency for the period of 
the assignment and to complete the educational course of train-
ing for which the employee is assigned; 
(B) to continue in the service of the Agency following comple-
tion of the assignment for a period of one-and-a-half years for 
each year of the assignment or part thereof; 
"(C) to reimburse the United States for the total cost of 
education (excluding the employee's pay and allowances) 
PUBLIC LAW 99-569—OCT. 27, 1986 
100 STAT. 3201 
provided under this section to the employee if, prior to the 
employee's completing the educational course of training for 
which the employee is assigned, the assignment or the em-
ployee's employment with the Agency is terminated either by 
the Agency due to misconduct by the employee or by the 
employee voluntarily; and 
"(D) to reimburse the United States if, after completing the 
educational course of training for which the employee is as-
signed, the employee's employment with the Agency is termi-
nated either by the Agency due to misconduct by the employee 
'
*
^
^
- 
* « 
or by the employee voluntarily, prior to the employee's comple-
tion of the service obligation period described in subparagraph 
(B), in an amount that bears the same ratio to the total cost of 
the education (excluding the employee's pay and allowances) 
provided to the employee as the unserved portion of the service 
obligation period described in subparagraph (B) bears to the 
total period of the service obligation described in subparagraph 
(B). 
"(2) Subject to paragraph (3), the obligation to reimburse the 
United States under an agreement described in paragraph (1), 
including interest due on such obligation, is for all purposes a debt 
owing the United States. 
"(3XA) A discharge in bankruptcy under title 11, United States 
Code, shall not release a person from an obligation to reimburse the 
United States required under an agreement described in paragraph 
(1) if the final decree of the discharge in bankruptcy is issued within 
five years after the last day of the combined period of service 
obligation described in subparagraphs (A) and (B) of paragraph (1). 
"(B) The Secretary of Defense may release a person, in whole or in 
part, from the obligation to reimburse the United States under an 
agreement described in paragraph (1) when, in his discretion, the 
Secretary determines that equity or the interests of the United 
States so require. 
"(C) The Secretary of Defense shall permit an employee assigned 
under this section who, prior to commencing a second academic year 
of such assignment, voluntarily terminates the assignment or the 
employee's employment with the Agency, to satisfy his obligation 
under an agreement described in paragraph (1) to reimburse the 
United States by reimbursement according to a schedule of monthly 
payments which results in completion of reimbursement by a date 
five years after the date of termination of the assignment or employ-
ment or earlier at the option of the employee. 
"(e)(1) When an employee is assigned under this section to an 
xcr^rsi;/oi 
institution, the Agency shall disclose to the institution to which the 
employee is assigned that the Agency employs the employee and 
that the Agency funds the employee's education. 
"(2) Agency efforts to recruit individuals at educational institu-
tions for participation in the undergraduate training program estab-
lished by this section shall be made openly and according to the 
common practices of universities and employers recruiting at such 
institutions. 
"(f) Chapter 41 of title 5 and subsections (a) and (b) of section 3324 
5 USC 4ioi et 
of title 31, United States Code, shall not apply with respect to this 
«e9-
section. 
"(g) The Secretary of Defense may issue such regulations as may 
be necessary to implement this section.". 
100 STAT. 3202 
PUBLIC LAW 99-569—OCT. 27, 1986 
CENTRAL INTELUGENCE AGENCY ACQUISITION OF CRITICAL SKILLS 
5
0 use 403j 
SEC. 506. Pursuant to the authority granted in section 8 of the 
note. 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403j), the Director 
of Central Intelligence shall establish an undergraduate training 
program with respect to civilian employees of the Central Intel-
ligence Agency similar in purpose, conditions, content, and adminis-
tration to the program which the Secretary of Defense is authorized 
to establish under section 16 of the National Security Act of 1959 (50 
Ante, p. 3200. 
U.S.C. 402 note) for civilian employees of the National Security 
Agency. 
REPORT ON INTELUGENCE PERSONNEL SYSTEMS 
SEC. 507. Not later than January 3,1987, the Secretary of Defense 
and the Director of Central Intelligence shall submit jointly to the 
Congress an unclsissified report describing the civilian personnel 
systems for officers and employees of the Central Intelligence 
Agency, the National Security Agency, and the Defense Intelligence 
Agency, and the personnel systems for officers and employees estab-
lished under section 1590 of title 10, United States Code, as added by 
section 504, for civilian intelligence personnel of the military depart-
ments. The report shall include descriptions o
f
— 
(1) how each such intelligence personnel system differs from 
the competitive service and from each other such system; 
(2) the specific features of each such personnel system to 
ensure compliance with the merit system principles set forth in 
section 2301 of title 5, United States Code; 
(3) any features of compensation (including bonuses and 
awards) unique to such personnel system; 
(4) authorities to take actions (including the number of such 
actions) through employment termination provisions which do 
not permit appeals outside the agency; and 
(5) any recruitment or retention problems existing within 
such system. 
TITLE VI—MISCELLANEOUS 
DEFENSE MAPPING AGENCY EXCHANGE AGREEMENTS 
SEC. 601. (a) Chapter 167 of title 10, United States Code, is 
amended by adding at the end thereof the following new section: 
10 use 2795. 
"§ 2795. Exchange of mapping, charting, and geodetic data with 
foreign countries and international organizations 
"The Secretary of Defense may authorize the Defense Mapping 
Agency to exchange or furnish mapping, charting, and geodetic 
data, supplies and services to a foreign country or international 
organization pursuant to an agreement for the production or ex-
change of such data.''. 
(b) The table of contents of chapter 167 of title 10, United States 
Code, is amended by adding at the end thereof: 
"2795. Exchange of mapping, charting, and geodetic data with foreign countries and 
international organizations.". 
PUBLIC LAW 99-569—OCT. 27, 1986 
100 STAT. 3203 
NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES 
AND DEFENSE SERVICES 
SEC. 602. (a) Title V of the National Security Act of 1947, relating 
to accountability for intelligence activities, is amended by adding at 
the end thereof the following: 
"NOTICE TO CONGRESS OF CERTAIN TRANSFERS OF DEFENSE ARTICLES 
AND DEFENSE SERVICES 
"SEC. 503. (a)(1) The transfer of a defense article or defense service 
50 use 415. 
exceeding $1,000,000 in value by an intelligence agency to a recipi-
ent outside that agency shall be considered a significant anticipated 
intelligence activity for the purpose of section 501 of this Act. 
50 use 413. 
"(2) Paragraph (1) does not apply if— 
"(A) the transfer is being made to a department, agency, or 
other entity of the United States (so long as there will not be a 
subsequent retransfer of the defense articles or defense services 
outside the United States Government in conjunction with an 
intelligence or intelligence-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 
22 use 2301. 
Export Control Act, title 10 of the United States Code 
22 use 2751 
(including a law enacted pursuant to section 7307(bXl) of note. 
that title), or the Federal Property and Administrative 
Services Act of 1949, and 
40 use 471 note. 
"(ii) is not being made in conjunction with an intelligence 
or intelligence-related activity. 
"(3) An intelligence agency may not transfer any defense articles 
or defense services outside the agency in conjunction with any 
' 
intelligence or intelligence-related activity for which funds were 
denied by the (Dongress. 
"(h) As used in this section— 
"(1) the term 'intelligence agency' means any department, 
agency, or other entity of the United States involved in intel-
ligence or intelligence-related activities; 
"(2) the terms 'defense articles' and 'defense services' mean 
the items on the United States Munitions List pursuant to 
section 38 of the Arms Export Control Act (22 CFR part 121); 
22 use 2778. 
"(3) the term 'transfer' means— 
"(A) in the case of defense articles, the transfer of posses-
sion of those articles; and 
"(B) in the case of defense services, the provision of those 
services; and 
"(4) the term 'value' means— 
.,:;.; 
"(A) in the case of defense articles, the greater of^ 
"(i) the original acquisition cost to the United States 
Government, plus the cost of improvements or other 
modifications made by or on behalf of the Government; 
or 
"(ii) the replacement cost; and 
"(B) in the case of defense services, the full cost to the 
Government of providing the services.", 
(b) The table of contents at the end of the first section of such Act 
is amended by inserting the following after the item relating to 
section 502: 
"503. Notice to Congress of certain transfers of defense articles and defense 
services.". 
100 STAT. 3204 
PUBLIC LAW 99-569—OCT. 27, 1986 
COVERT AGENT DISCLOSURE FEDERAL PENSION FORFEITURE 
SEC. 603. Section 8312(cXlXC) of title 5, United States Code is 
amended by striking the period at the end thereof and inserting in 
lieu thereof "or section 601 of the National Security Act of 1947 (50 
U.S.C. 421) (relating to intelligence identities).". 
n 
« 
TITLE VII—PROTECTION OF UNITED STATES INTERESTS 
FOREIGN MISSIONS ACT AMENDMENT 
SEC. 701. Section 202(aX4) of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 4302(aX4)) is amended to read as follows: 
s
^
*
^ "<-'' 
"(4) 'foreign mission' means any mission to or agency or 
entity in the United States which is involved in the diplomatic, 
consular, or other activities of, or which is substantially owned 
or effectively controlled by— 
"(A) a foreign government, or 
c>,, , 
"(B) an organization (other than an international 
organization, as defined in section 209(b) of this title) rep-
resenting a territory or political entity which has been 
r»! ": 
granted diplomatic or other official privileges and immuni-
i 
ties under the laws of the United States or which enggiges 
in some £ispect of the conduct of the international affairs of 
such territory or political entity, 
including any real property of such a mission and including the 
:w 
; 
personnel of such a mission, . 
.ir:. 
SOVIET MISSION AT THE UNITED NATIONS 
22 use 2
8
7 note. 
SEC. 702. (aXD It is the policy of the Congress that the number of 
nationals of the Soviet Union admitted to the United States to serve 
as members of the Soviet mission at the United Nations head-
quarters shall not substantially exceed the number of United States 
nationals who serve as members of the United States mission at the 
United Nations headquarters, unless the President determines that 
the admission to the United States of additional Soviet nationals to 
serve as members of the Soviet mission at the United Nations 
headquarters would be in the interest of the United States. 
(2) Beginning six months after the date of enactment of this 
section, and every six months thereafter, the Secretary of State shall 
prepare and transmit to the Committee on Foreign Relations and 
the Select Committee on Intelligence of the Senate and to the 
Committee on Foreign Affairs and the Permanent Select Committee 
on Intelligence of the House of Representatives a report setting 
forth the number of Soviet nationals admitted during the preceding 
six-month period to the United States pursuant to a determination 
of the President under paragraph (1) and their duties with the 
Soviet mission at the United Nations headquarters. 
' -N^'-'-if 
PUBLIC LAW 99-569—OCT. 27, 1986 
100 STAT. 3205 
(3) Nothing in this subsection may be construed as including any 
dependent or spouse who is not a member of a mission at the United 
Nations headquarters in the calculation of the number of members 
of a mission at the United Nations headquarters. 
(b) It is the sense of the Congress that the Secretary of State and 
the Attorney General should, not later than six months after the 
date of enactment of this section, prepare and transmit to the 
Committee on Foreign Relations and the Select Committee on Intel-
ligence of the Senate and to the Committee on Foreign Affairs and 
the Permanent Select Committee on Intelligence of the House of 
Representatives a report setting forth a plan for ensuring that the 
number of Soviet nationals described in paragraph (a)(1) does not 
exceed the limitation described in that paragraph. 
(c) For purposes of this section— 
(1) the term "members of the Soviet mission" and "members 
of the United States mission" are used within the meaning of 
the term "members of the mission", as defined by article Kb) of 
the Vienna Convention on Diplomatic Relations, done April 18, 
1961; and 
(2) the term "mission at the United Nations headquarters" of 
a country includes all the missions of such country to the 
United Nations in New York City and includes missions in New 
York City to specialized agencies of the United Nations, as 
defined in article 57 of the charter of the United Nations. 
New York. 
REGISTRATION OF AGENTS OF CERTAIN FOREIGN GOVERNMENTS 
SEC. 703. Section 951 of title 18, United States Code, is amended 
by adding at the end thereof the following new subsection: 
"(e) Notwithstanding paragraph (d)(4), any person engaged in a 
legal commercial transaction shall be considered to be an agent of a 
foreign government for purposes of this section i
f
— 
"(1) such person agrees to operate within the United States 
subject to the direction or control of a foreign government or 
official; and 
"(2) such person— 
"(A) is an agent of the Soviet Union, the German 
Democratic Republic, Hungary, Czechoslovakia, Poland, 
Bulgaria, Romania, or Cuba, unless the Attorney General, 
after consultation with the Secretary of State, determines 
and so reports to the Congress that the national security or 
foreign policy interests of the United States require that 
the provisions of this section do not apply in specific cir-
cumstances to agents of such country; or 
Soviet Union. 
German 
Democratic 
Republic. 
Hungary. 
Czechoslovakia. 
Poland. 
Bulgaria. 
Romania. 
Cuba. 
100 STAT. 3206 
PUBLIC LAW 99-569—OCT. 27, 1986 
18 u s e 792-799, 
831, 2381. 
50 u s e app. 
2410. 
"(B) has been convicted of, or has entered a plea of nolo 
contendere with respect to, any offense under section 792 
' 
( 
through 799, 831, or 2381 of this title or under section 11 of 
the Export Administration Act of 1979, except that the 
provisions of this subsection shall not apply to a person 
described in this clause for a period of more than five years 
beginning on the date of the conviction or the date of entry 
of the plea of nolo contendere, as the case may be.". 
Approved October 27, 1986. 
'p.-
LEGISLATIVE HISTORY—H.R. 4759 (S. 2477): 
HOUSE REPORTS: No. 99-690, Pt. 1 (Permanent Select eomm. on Intelligence), Pt. 2 
(eomm. on Post Office and Civil Service), Pt. 3 (eomm. on Armed 
Services), and No. 99-952 (Oomm. of Conference). 
SENATE REPORTS: No. 99-307 accompanying S. 2477 (Select Comm. on Intelligence). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Sept. 16, 17, considered and passed House. 
Sept. 24, considered and passed Senate, amended, in lieu of S. 2477. 
Oct. 2, House agreed to conference report. 
Oct. 6, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
Oct. 27, Presidential statement.