Intelligence Authorization Act, Fiscal Year 1988
PL 100-178 (H.R.2112), enacted 12/02/1987

PUBLIC LAW 100-178—DEC. 2, 1987 
101 STAT. 1009 
Public Law 100-178 
100th Congress 
An Act 
To authorize appropriations for flscal year 1988 for intelligence and intelligence-
related activities of the United States Government, for the Intelligence Community 
Staff, for the Central Intelligence Agency Retirement and Disability System, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Intelligence Authorization Act, Fiscal Year 1988'. 
TITLE I—INTELLIGENCE ACTIVITIES 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 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 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. 
(7) The Department of the Treasury. 
(8) The Department of Energy. 
(9) The Federal Bureau of Investigation. 
(10) The Drug Enforcement Administration. 
CLASSIFIED SCHEDULE OF AUTHORIZATIONS 
SEC. 102. (aXl) This Act authorizes funds for intelligence and 
intelligence-related activities of the United States Government for 
fiscal year 1988 based upon two alternative levels of new budget 
authority provided for national defense functions (budget function 
050) through congressional budget procedures. In section 3(bXl) of 
the concurrent resolution on the budget for fiscal year 1988 (House 
Concurrent Resolution 93 of the One Hundredth Congress), Congress 
determined and declared that the appropriate level of new budget 
authority 
for 
national 
defense 
for 
fiscal 
year 
1988 
is 
$296,000,000,000. This Act authorizes funds based upon that deter-
mination and declaration and the assumption that that level of 
budget authority is available to be appropriated. 
(2) Section 
5(aXl) of the 
concurrent 
resolution 
reserved 
$7,000,000,000 of that amount from availability for appropriation 
pending enactment of certain deficit reduction legislation, leaving a 
level of $289,000,000,000 immediately available for appropriation. 
This Act authorizes alternative levels of funds based upon that 
budget authority amount. 
Dec. 2, 1987 
[H.R. 2112] 
Intelligence 
Authorization 
Act 
Fiscal Year 1988. 
Government 
organization and 
employees. 
}k^-
101 STAT. 1010 
PUBLIC LAW 100-178—DEC. 2, 1987 
(b) The amounts authorized to be appropriated under section 101, 
and the authorized personnel ceilings as of September 30, 1988, for 
the conduct of the intelligence and intelligence-related activities of 
the elements listed in such section, are those specified in the column 
entitled "Conference Agreement" of the classified Schedule of 
Authorizations prepared by the committee of conference to accom-
.1 
pany H.R. 2112 of the One Hundredth Congress except that, if as of 
the date of the enactment of this Act there has not been enacted 
legislation that results in the availability for appropriation of a level 
of new budget authority for national defense functions of the 
,, 
Government Obudget function 050) for fiscal year 1988 in an amount 
greater than $289,000,000,000 then until such legislation is enacted 
' 
such amounts and ceilings are those specified in the column entitled 
"Contingent Level" of such classified Schedule of Authorizations: 
Provided, That notwithstanding the requirements of section 502(aXl) 
of the National Security Act of 1947, funds for the activities listed in 
that part of such Schedule entitled "Unauthorized Appropriations" 
may be obligated and expended only to the extent to which funds 
are appropriated therefore in fiscal year 1988. 
(c) The Schedule of Authorizations described in subsection 0^) shall 
be made available to the Commmittee on Appropriations of the 
President of U.S. 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. 
(d)(1) It is the sense of Congress that, in allocating reductions of 
nonheadquarters personnel of Defense Agencies pursuant to subsec-
tion (b)(2)(A) and subsection (d) of section 601 of Public Law 99-433 
(100 Stat. 1065), the Secretary of Defense should avoid allocating 
personnel reductions to the Defense Intelligence Agency or the 
Defense Mapping Agency. 
(2) For purposes of paragraph (1), the term "nonheadquarters 
personnel" means members of the Armed Forces and Civilian 
employees assigned or detailed to permanent duty in the Defense 
Agencies and Department of Defense Field Activities, other than 
members and employees assigned or detailed to duty in manage-
ment headquarters activities or management headquarters support 
activities. 
PERSONNEL CEIUNG ADJUSTMENTS 
SEC. 103. The Director of Central Intelligence may authorize 
employment of civilian personnel in excess of the numbers au-
thorized for fiscal year 1988 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. 
PUBLIC LAW 100-178—DEC. 2, 1987 
101 STAT. 1011 
RESTRICTION ON SUPPORT Fo'l MILITARY OR PARAMILITARY OPERATIONS 
IN NICARAGUA 
SEC. 104. 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 1988 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 section 101(a)(1) of the 
Act making continuing appropriations for the fiscal year 1988 
(Public Law 100-120), or pursuant to any provision of law specifi-
cally providing such funds, materiel, or assistance. 
TITLE II—INTELLIGENCE COMMUNITY STAFF 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 201. There is authorized to be appropriated for the Intel-
ligence Community Staff for fiscal year 1988 the sum of $23,614,000. 
AUTHORIZATION OF PERSONNEL END STRENGTH 
SEC. 202. (a) The Intelligence Community Staff is authorized 237 
full-time personnel as of September 30, 1988. Such personnel of the 
Intelligence Community Staff may be permanent employees of the 
Intelligence Community Staff or personnel detailed from other 
elements of the United States Government. 
(b) During fiscal year 1988, personnel of the Intelligence 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 1988, any officer or employee of the United 
States or a member of the Armed Forces who is detailed to the 
Intelligence Community Staff from another element of the United 
States Government shall be detailed on a reimbursable basis, except 
that any such officer, employee, or member may be detailed on a 
nonreimbursable basis for a period of less than one year for the 
performance of temporary functions as required by the Director of 
Central Intelligence. 
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS 
CENTRAL INTELUGENCE AGENCY 
SEC. 203. During fiscal year 1988, 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. 
101 STAT. 1012 
PUBLIC LAW 100-178—DEC. 2, 1987 
TITLE III—CENTRAL INTELLIGENCE AGENCY RETIREMENT 
AND DISABILITY SYSTEM 
-' 
' ' 
' 
AUTHORIZATION OF APPROPRIATIONS 
' ^ . 
SEC. 301. There is authorized to be appropriated for the Central 
Intelligence Agency Retirement and Disability Fund for fiscal year 
1988 the sum of $134,700,000. 
TITLE IV—RETIREMENT AND DEATH IN SERVICE BENEFITS 
t> 
RETIREMENT BENEFITS 
y 
SEC. 401. (a) Part C of title II of the Central Intelligence Agency 
Retirement Act of 1964 for Certain Employees is amended by adding 
at the end the following section: 
"RETIREMENT BENEFITS FOR CERTAIN FORMER SPOUSES 
50 use 403 note. 
"SEC. 225. (a) Any individual who was a former spouse of a 
participant or a 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 
benefits— 
"(1) if married to the participant throughout the creditable 
service of the participant, equal to 50 per centum of the benefits 
'i 
of the participant; or 
"(2) if not married to the participant throughout such 
creditable service, equal to that former spouse's pro rata share 
of 50 per centum of such benefits. 
"(b) A former spouse shall not be entitled to benefits under this 
section i
f
— 
"(1) the former spouse remarries before age fifty-five; or 
"(2) the former spouse is less than fifty years of age. 
"(c)(1) The entitlement of a former spouse to benefits under this 
section— 
"(A) shall commence on the later of— 
^i 
"(i) the day the participant upon whose service benefits 
are based becomes entitled to benefits under this title; 
"(ii) the first day of the month in which the divorce or 
'*<'<• - 
annulment involved becomes final; or 
"(iii) such former spouse's fiftieth birthday; and 
"(B) shall terminate on the earlier of^ 
S
v >
: 
"(i) the last day of the month before the former spouse 
dies or remarries before fifty-five years of age; or 
"(ii) the date the benefits of the participant terminate. 
"(2) Notwithstanding paragraph (1), in the case of any former 
spouse of a disability annuitant— 
"(A) the benefits of the former spouse shall commence on the 
date the participant would qualify on the basis of his or her 
creditable service for benefits under this title (other than 
disability annuity) or the date the disability annuity begins, 
whichever is later; and 
"(B) the amount of benefits of the former spouse shall be 
calculated on the basis of benefits for which the participant 
would otherwise so qualify. 
PUBLIC LAW 100-178—DEC. 2, 1987 
101 STAT. 1013 
"(3) Benefits under this section shall be treated the same as an 
annuity under section 222(aX6) for purposes of section 221(gX2) or 
any comparable provision of law. 
"(4)(A) Benefits 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. The Director may waive the thirty-month application 
requirement under this subparagraph in any case in which the 
Director determines that the circumstances so warrant. 
"(B) Upon approval of an application as provided under subpara-
graph (A), the appropriate benefits shall be payable to the former 
; ? f 
spouse with respect to all periods before such approval during which 
the former spouse was entitled to such benefits under this section, 
but in no event shall benefits be payable under this section with 
,, 
respect to any period before the effective date of this section. 
"(d) The Director shall— 
"(1) as soon as possible, but not later than sixty days after the Regulations. 
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 a former participant on November 15, 1982, of 
any rights which such individual may have under this section. 
"(e) Nothing in this section shall be construed to impair, reduce, 
or otherwise affect the annuity or the entitlement to an annuity of 
a participant or former participant under this title.". 
(b) Section 14(a) of the Central Intelligence Agency Act of 1949 is 
50 use 403n. 
amended by inserting "225," after "223, 224,". 
DEATH IN SERVICE BENEFITS 
SEC. 402. (a) Section 232(b) of the Central Intelligence Agency 
50 use 403 note. 
Retirement Act of 1964 for Certain Employees (50 U.S.C. 40(b) note) 
is amended— 
(1) by inserting "(1)" before "If a participant"; 
(2) by striking all that follows "as defined in section 204," and 
inserting in lieu thereof "or by a former spouse qualifying for a 
^,. ^ . 
survivor annuity under section 222(b), such widow or widower 
shall be entitled, to the extent of available appropriations, to an 
annuity equal to 55 per centum of the annuity computed in 
accordance with paragraphs (2) and (3) of this subsection and 
section 221(a), and any such surviving former spouse shall be 
entitled, to the extent of available appropriations, to an annuity 
computed in accordance with section 222(b) and paragraph (2) of 
this subsection as if the participant died after being entitled to 
an annuity under this Act. The annuity of such widow, widower, 
or former spouse shall commence on the date following death of 
the participant and shall terminate upon death or remarriage 
prior to attaining age sixty of the widow, widower, or former 
spouse (subject to the payment and restoration provisions of 
sections 221(g) and 222(bX3))."; and 
(3) by adding at the end the following new paragraphs: 
"(2) The annuity payable under paragraph (1) shall be com-
puted in accordance with section 221(a), except that the com-
putation of the annuity of the participant under such section 
shall be at least the smaller of (A) 40 per centum of the 
101 STAT. 1014 
PUBLIC LAW 100-178—DEC. 2, 1987 
50 u s e 403 note. 
50 u s e 403 note. 
participant's average basic salary, or (B) the sum obtained 
under such section after increasing the participant's service of 
the type last performed by the difference between the partici-
pant's age at the time of death and age sixty. 
"(3) Notwithstanding paragraph (1), if the participant had a 
former spouse qualifying for an annuity under section 222(b), 
the annuity of a widow or widower under this section shall be 
subject to the limitation of section 221(b)(3)(B), and the annuity 
of a former spouse under this section shall be subject to the 
limitation of section 222(bX4XB).". 
(b)(1) Section 221(o)(2) of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees is amended by inserting 
"232(b)," after "222, 223,". 
(2) Section 304 of the Central Intelligence Agency Retirement Act 
of 1964 for Certain Employees is amended— 
(A) in subsection (b) by inserting "and (3)" after "subsection 
(c)(2)"; and 
(B) in subsection (c)— 
(i) by redesignating paragraphs (3) and (4) as paragraphs 
., 
(4) and (5), respectively; and 
'' 
(ii) by inserting after paragraph (2) a new paragraph as 
follows: 
"(3) Section 232(b).". 
(3) Section 14(a) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403n(a)) is amended by inserting "232(b)," before "234(c), 
234(d),". 
(c)(1) Except as provided in paragraph (2), the amendments made 
by this section shall take effect on November 15, 1982, the effective 
date of the Central Intelligence Agency Spouses' Retirement Equity 
Act of 1982. 
(2) The amendment made by subsection Ot)X2) shall take effect on 
January 1,1987, the effective date of the Federal Employees' Retire-
ment System Act of 1986. 
50 use 403 note. 
(d) Nothing in this section or any amendment made by this section 
shall be construed to require the forfeiture by any individual of 
benefits received before the date of the enactment of this Act. 
(e) Nothing in this section or any amendment made by this section 
shall be construed to require a reduction in the level of benefits 
received by any individual who was receiving benefits under section 
232 of the Central Intelligence Agency Retirement Act of 1964 for 
Certain Employees before the date of enactment of this Act. 
Effective date. 
50 u s e 403 note 
Effective date. 
50 u s e 403 note. 
TITLE V—ENHANCED COUNTERINTELLIGENCE AND 
SECURITY CAPABILITIES 
International 
organizations. 
22 u s e 254C-2. 
REPORT ON ADMISSION OF CERTAIN ALIENS 
SEC. 501. The Attorney General shall report annually to the 
House Permanent Select Committee on Intelligence and the Senate 
Select Committee on Intelligence regarding the circumstances of 
any admission to the United States over the objections of the 
Federal Bureau of Investigation, of any Soviet national employed by 
or assigned to a foreign mission or international organization in the 
United States. 
PUBLIC LAW 100-178—DEC. 2, 1987 
101 STAT. 1015 
E; 
FBI NEW YORK FIELD DIVISION EMPLOYMENT PLAN 
SEC. 502. (a) The Director of the Federal Bureau of Investigation 
and the Director of the Office of Personnel Management shall 
conduct a study to ascertain the effect on recruitment, retention and 
operations of employees of the New York Field Division of the 
Federal Bureau of Investigation caused by the usual living expenses 
associated with such employment. 
(b) No later than sixty days after the enactment of this Act, the Reports. 
Director of the Federal Bureau of Investigation and the Director of 
i; 
the Office of Personnel Management shall submit to the Congress a 
report setting forth the results of the study described in subsection 
(a) and a plan for remedying problems identified by the study, 
including, as appropriate, additional compensation or other means 
of defraying the costs of employment in the New York Field 
Division. 
TITLE VI—DEFENSE INTELLIGENCE PERSONNEL 
IMPROVEMENTS 
DIA CIVILIAN UNIFORM ALLOWANCE 
SEC. 
601. 
(a) 
COMPARABIUTY WITH STATE DEPARTMENT EM- 
, I , 
; 
PLOYEES.—Chapter 83 of title 10, United States Code, is amended by 
inserting at the end thereof the following new section: 
"§ 1606. Uniform allowance: civilian employees 
lO use 1606. 
"(a) The Secretary of Defense may pay an allowance under this 
section to any civilian employee of the Defense Intelligence Agency 
who— 
"(1) is assigned to a Defense Attache Office outside the United 
States; and 
"(2) is required by regulation to wear a prescribed uniform in 
performance of official duties. 
"(b) Notwithstanding section 5901(a) of title 5, the amount of any 
: «~F 
such allowance shall be the greater of the following: 
"(1) The amount provided for employees of the Department of 
State assigned to positions outside the United States and re-
quired by regulation to wear a prescribed uniform in perform-
ance of official duties. 
"(2) $360 per year. 
"(c) An allowance paid under this section shall be treated in the 
same manner as is provided in subsection (c) of section 5901 of title 5 
for an allowance paid under that section.". 
(h) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by adding at the end thereof the 
following new item: 
"1606. Uniform allowance: civilian employees.". 
EXTENSION OF SPECIAL TERMINATION AUTHORITY FOR CERTAIN DOD 
INTELLIGENCE EMPLOYEES 
SEC. 602, (a) DEFENSE INTELLIGENCE AGENCY.—Section 1604(e)(1) of 
title 10, United States Code, is amended by striking out "during 
fiscal years 1986 and 1987" and inserting in lieu thereof "during 
fiscal years 1988 and 1989". 
101 STAT. 1016 
PUBLIC LAW 100-178—DEC. 2, 1987 
10 u s e 1607. 
Classified 
information. 
50 u s e 403 note. 
Reports. 
(b) MILITARY DEPARTMENTS.—Section 1590(eXl) of such title is 
amended by striking out "during fiscal year 1987" and inserting in 
lieu thereof "during fiscal years 1988 and 1989". 
REQUIREMENTS TO DISCLOSE ORGANIZATIONAL AND PERSONAL DATA! 
DIA EXEMPTION 
SEC. 603. (a) Chapter 83 of title 10, United States Code, is amended 
by inserting the following new section: 
"§ 1607. Exemption from disclosing organizational and personal 
data 
"Notwithstanding the provisions of any other law, and except as 
provided herein and as required by section 552 or section 552a of 
title 5, United States Code, the Defense Intelligence Agency shall 
not be required to disclose the organization or any function of the 
Defense Intelligence Agency or the names, official titles, occupa-
tional series, grades, salaries or numbers of personnel employed by 
such Agency. This section shall not apply to information provided 
the Congress.". 
TITLE VII—STUDY OF INTELLIGENCE PERSONNEL SYSTEMS 
SEC. 701. (a) The Director of Central Intelligence shall undertake 
to contract with the National Academy of Public Administration 
(hereinafter referred to as the Academy) for an objective study 
which shall be classified and which shall consist of a comprehensive 
review and comparative analysis of all personnel management and 
compensation systems affecting civilian personnel of agencies and 
entities of the intelligence community. 
(b) In conducting the study described in subsection (a), the Acad-
emy shall determine the adequacy of existing personnel systems to 
further the ability of intelligence agencies or entities to perform 
their missions, and make such recommendations for legislative, 
regulative or other changes as the Academy determines advisable. 
(c) The study described in subsection (a) shall be completed in final 
form no later than January 20, 1989, and such study, and any 
interim report of such study, shall be transmitted upon receipt by 
the Director of Central Intelligence to the Permanent Select 
Committee on Intelligence of the House of Representatives and the 
Select Committee on Intelligence of the Senate. 
(d) Of the amount available to the Intelligence Community Staff 
for fiscal year 1988 under section 201, not more than $500,000 shall 
be available for the study described in subsection (a). 
(e) The Director of Central Intelligence, the Director of the Intel-
ligence Community Staff, and the heads of the elements of the 
intelligence community shall provide such support and appropriate 
access to necessary information as the Academy may require to 
complete the study described in subsection (a). 
, ;. 
• > 
,. ..- 
TITLE VIII—GENERAL PROVISIONS 
c 
RESTRICTION OF CONDUCT OF INTELLIGENCE ACTIVITIES 
SEC. 801. 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. 
PUBLIC LAW 100-178—DEC. 2, 1987 
101 STAT. 1017 
INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW 
SEC. 802. 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 benefits authorized by law. 
TITLE IX—MOUNT ALTO EMBASSY SITE 
ASSESSMENT OF SOVIET ELECTRONIC ESPIONAGE CAPABILITY 
SEC. 901. (a) REVIEW AND ASSESSMENT.—The Secretary of Defense 
shall review and assess the present and potential capabilities of the 
Government of the Soviet Union to intercept United States commu-
nications involving diplomatic, military, and intelligence matters 
from facilities on Mount Alto in the District of Columbia. The 
Secretary shall submit to Congress a report on such review and 
assessment not later than ninety days after the date of the enact-
ment of this Act. 
(b) DETERMINATION OF CONSISTENCY WITH NATIONAL SECURITY.— 
The report required by subsection (a) shall include a determination 
by the Secretary of Defense as to whether or not the present and 
proposed occupation of facilities on Mount Alto by the Government 
of the Soviet Union is consistent with the national security of the 
United States. 
(c) CLASSIFICATION OF REPORT.—The report required by subsection 
(a) shall be submitted in both classified and unclassified form, and 
the determination required by subsection (b) shall be submitted in 
an unclassified form. 
(d) LIMITATION ON DELEGATION.—The Secretary of Defense may 
not delegate the duty to make the determination required by 
subsection (b). 
Communications 
and tele-
communications. 
Reports. 
Approved December 2, 1987. 
LEGISLATIVE HISTORY—H.R. 2112 (S. 1243): 
HOUSE REPORTS: No. 100-93, Pt. 1 (Permanent Select Comm. on Intelligence) and 
Pt. 2 (Comm. on Armed Services), and No. 100-432 (Comm. of 
SENATE REPORTS: No. 100-59 (Select Comm. on Intelligence) and No. 100-117 
(Comm. on Armed Services), both accompanying S. 1243. 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
June 9, considered and passed House. 
July 23, considered and passed Senate, amended, in lieu of S. 1243. 
Nov. 17, House agreed to conference report. 
Nov. 18, Senate agreed to conference report. 
WEEKLY C O M P I L A T I O N OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): 
Dec. 2, Presidential statement.