PUBLIC LAW 96-450

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300010001-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 20, 2016
• Document Release Date: May 16, 2007
• Sequence Number: 1
• Publication Date: October 14, 1980
• Content Type: OPEN SOURCE

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PUBLIC LAW 96-450-OCT. 14, 1980 94 STAT. 1975
Public Law 96-450
06th Congress
To authorize appropriations for fiscal year 1981 for the intelligence and intelligence- Oct. 14, 1980
related activities of the United States Government, for the Intelligence Commu- [S. 2597]
nity Staff, and for the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
Be it enacted by the Senate. and House of the Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "Intelligence Authorization Act for Fiscal Year. 1981".
TITLE I-INTELLIGENCE ACTIVITIES
Intelligence.
Authorization
Act for Fiscal
Year 1981.
AUTHORIZATION OF APPROPRIATION$
SEC. 101. Funds are. hereby authorized to be appropitedfor fiscal
year 1981 for the conduct of the intelligence and intelligce-related
activities of the following agencies 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 thQ Arni the.Department of the Navy,
and the Department otbe A Fot
(6) The Department Of State... .
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The. Federal reau ofJnv .stilt ion.; .
(10) The Drug En prcement Ad iintstrati,on.
CLASSIFIED SCHEDULE O)K1AUTHORIZATI0NS;!,_
SEC. 102. The. amounts authorized to be appropriated :i~,nder?eetion
101, and the. at thorized:personnel ceilings as of September. 30, i-081,.
for the conduct -the iidelligence: and intgl1jgence-related,ac ivik .
of the agencies listed in such sectioe are those- special= in? the
classified Scheduleiaof Authorizations prspared::by the cor tittee of
conference to accompany. S. 2597 of the 96 I Congrese il'lr t c edule, availability to,
of Authorizations shall-;be made available to thw4ftna itti4 _0% cOhgressional
Appropriations of the Senate, and House .af l epresel tati~ves a i to p President. es and
the President. The President shall provide ffc,suitable.distitibution of Distribution.
the schedule, or of appropriate portions of .the Schedule, within=the
executive branch.
CONGRESSIONAL-.KMIFICATION OF EXXPENDITURES.Ir' ,.,-RXCESS OF
PROGRAM AUTHORIZATIONS
SEC. 103. During fiscal year 1981, funds may not be obligated or
expended for any program. for which funds, are authorized to be
appropriated by section 101 in an amount in excess of the amount
specified for that program.,in the classified Schedule of Authoriza-
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Supra.
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94 STAT. 1976 PUBLIC LAW 96-450-OCT. 14, 1980
Intelligence
Community
Staff.
tions described in section 102 unless the Director of Central intelli-
gence or the Secretaryof.Defense notifies the appropriate committees
of Congress of the intent to make such obligation or expenditure not
less than fifteen days before such obligation or expenditure is made.
RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES
SEC. 104. Nothing.. contained in this Act shall be deemed to consti-
tute authority for the conduct of any intelligence activity which is not
otherwise authorized by the Constitution or laws of the United
States.
AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION
SEC. 105. In addition to the amounts authorized to be appropriated.
under section- 101(9), there is authorized to be appropriated for fiscal
year 1981 the sum of $11,400,000 for the conduct of the activities of
the Federal Bureau of Investigation to counter terrorism in the
United States.
TITLE II-INTELLIGENCE COMMUNITY STAFF
AUTHORIZATION OF APPROPRIATIONS
SEC. 201. There is, authorized to be appropriated for the Intelligence
Community Staff for fiscal.year 1981 the sum of $17,824,000.
AUTHORIZATION OF PERSONNEL END-STRENGTH
SEC. 202. (a) The Intelligence Community Staff is authorized two
hundred and forty-five full-time personnel as of September 30, 1981.
Such personnel may be permanent employees of the Intelligence
Community Staff or personnel. detailed from other elements of the
United States Government.
(b) During fiscal year 1981, 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 1981, any officer or employee of the United
States or 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 INTELLIGENCE AGENCY
SEC. 203. During fiscal year 1981, 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-403j) in the same
manner as activities and personnel of the Central Intelligence
Agency.
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PUBLIC LAW 96-450-OCT. 14, 1980 94 STAT. 1977
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
SEC. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fiscal year
1981 the sum of $55,300,000.
TITLE IV-GENERAL PROVISIONS
FUNDS TRANSFERS BY THE SECRETARY OF DEFENSE
SEC. 401. (a) Chapter 4 of title 10, United States Code, is amended by
adding at the end thereof the following new section:
140a. Secretary of Defense: funds transfers for foreign crypto-
logic support
"The Secretary of Defense may use funds available to the Depart-
ment of Defense for intelligence and communications purposes to pay
for the expenses of arrangements with foreign countries for crypto-
logic support. Payments under this section may be made without
regard to section 3651 of the Revised. Statutes of the United States (31
U.S.C. 543).".
(b) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"140a. Secretary of Defense: funds transfers for foreign cryptologic support.".
ADMINISTRATIVE PROVISIONS RELATING TO THE NATIONAL SECURITY
AGENCY
SEC. 402. (a)(1) The Act entitled "An Act to provide certain
administrative authorities for the National Security Agency, and for
other purposes" approved May 29, 1959 (50 U.S.C. 402 note), is
amended by adding at the end thereof the following new sections:
"SEC. 9. (a) Notwithstanding section 322 of the Act of June 30, 1932
(40 U.S.C. 278a), section 5536 of title 5, United States Code, and
section 2675 of title 10, United States Code, the Director of the
National Security Agency, on behalf of the Secretary of Defense, may
lease real property outside the United States, for periods not exceed-
ing ten years, for the use of the National Security Agency for special
cryptologic activities and for housing for personnel assigned to such
activities.
"(b) The Director of the National Security Agency, on behalf of the
Secretary of Defense, may provide to certain civilian and military
personnel of the Department of Defense who are assigned to
special cryptologic activities outside the United States and who
are designated by the Secretary of Defense for the purposes of this
subsection-
"(1) allowances and benefits comparable to those provided by
the Secretary of State to officers and employees of the Foreign
Service under paragraphs (1), (2), (7), (9), (10), and (11) of section
911, and under sections 912, 914, 933, 941, 942, and 945, of the.
Foreign Service Act of 1946 (22 U.S.C. 1136 (1), (2), (7), (9), (10),
(11), 1137, 1138a, 1148,1156,1157,1160); and
"(2) housing (including heat, light,. and household equipment)
without cost to such personnel, if the Director of the National
Security Agency, on behalf of the Secretary of Defense deter-
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Leasing outside
U.S.
50 USC 402 note:
Personnel
outside U.S.,
benefits.
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94 STAT. 1978 PUBLIC LAW 96-450-OCT. 14, 1980
Expenses,
,payment.
50 USC 4021 note.
5701
5 Usc
et seq.
Liability to U.S..
relief.
5 USC 5701 note.
mines that it would be in the public interest to provide such
housing.
"(c) The authority of the Director of the National Security gencv,
on behalf of the Secretary of Defense, to make payments under
subsections (a) and (b), and under contracts for leases entered into
under subsection (a), is effective for any fiscal year only to the extent
that appropriated funds are available for such purpose.
"SEC. 10. The Director of the National Security Agency, on behalf of
the Secretary of Defense, may, without regard to section 4109(a)(2)(B)
of title 5, United States Code, pay travel, transportation, storage, and
subsistence expenses under chapter 57 of such title to civilian and
military personnel of the Department of Defense who are assigned to
duty outside the United States for a period of one year or longer
which involves cryptologic training, language training, or related
disciplines.
"SEC. 11. The Administrator of General Services, upon the applica-
tion of the Director of the National Security Agency, may provide for
the protection in accordance with section 3 of the Act of June 1, 1948
(40 U.S.C. 318b), of certain facilities (as designated by the Director of
such Agency) which are under the administration and control of, or
are used by, the National Security Agency in the same manner as if
such facilities were property of the United States over which the
United States has acquired exclusive or concurrent criminal jurisdic-
tion.".
(2) Such Act is further amended by inserting after the enacting
clause the following: "That this Act may be cited as the `National
Security Agency Act of 1959' ".
(b) Any individual who is liable to the United States for any
overpayment which was made to or on. behalf of such individual
before October 1, 1980, under chapter 57 of title 5, United.States Code,
while such individual was an employee of or assigned to duty with the
National Security Agency and which was subsequently determined to
be subject to the limitations contained in section 4109(a)(2)(B) of such
title is hereby relieved of liability to the United States for such-
overpayment.
SEC. 403. (a) The Central Intelligence Agency Act of 1949 (50 U.S.C.
403a-403j) is amended by adding at the end thereof the following new
section:
"AUTHORITY TO PAY DEATH GRATUITIES
"SEC. 11. (a)(1) The Director may pay a gratuity to the surviving
dependents of any officer or employee of the Agency who dies as a
result of injuries (other than from disease) sustained outside the
United States and whose death-
"(A) resulted from hostile or terrorist activities; or
"(B) occurred in connection with an intelligence activity
having a substantial element of risk.
"(2) The provisions of this subsection shall apply with respect to
deaths occurring after June 30, 1974.
"(b) Any payment under subsection (a)-
"(1) shall be in an amount equal to the amount of the annual
salary of the officer or employee concerned at the time of death;
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PUBLIC LAW 96-450-OCT. 14, 1980 94 STAT. 1979
"(2) shall be considered a gift and shall be in lieu of payment of
any lesser death gratuity authorized by any other Federal law;
and
-(;I) shall be made under the same conditions as apply to
payments authorized by section 14 of the Act of August 1, 1956
(22; U.S.C. 2679a).".
b' ( 1 ) Chapter 75 of title 10, United States Code, relating to death
benefits, is amended by adding at the end thereof the following new
section:
". 1489. Death gratuity: members and employees dying outside the
United States while assigned to intelligence duties
"(a) The Secretary of Defense may pay a gratuity to the surviving
dependents of any member of the Armed Forces or of any employee of
the Department of Defense-
"(1) who-
"(A) is assigned to duty with an intelligence component of
the Department of Defense and whose identity as such a
member or employee is disguised or concealed; or
"(B) is within a category of individuals determined by the
Secretary of Defense to be engaged in clandestine intelli-
gence activities; and
"(2) who after the date of the enactment of this section dies as a
result of injuries (excluding disease) sustained outside the United
States and whose death-
"(A) resulted from hostile or terrorist activities; or
"(B) occurred in connection with an intelligence activity
having a substantial element of risk.
"(b) Any payment under subsection (a)-
"(1) shall be in an amount equal to the amount of the annual
basic pay or salary of the member or employee concerned at the
time of death;
"(2) shall be considered a gift and shall be in lieu of payment of
any lesser death gratuity authorized by this chapter or any other
Federal law; and
"(3) shall be made under the same conditions as apply to
payments authorized by section 14 of the Act of August 1, 1956
(22 U.S.C. 2679a).".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"Sec. 1489. Death gratuity: members and employees dying outside the United States
while assigned to intelligence duties.".
SPECIAL PROVISIONS RELATING TO THE WELFARE OF PERSONNEL OF THE
CENTRAL INTELLIGENCE AGENCY
SEC. 404. The Central Intelligence Agency Act of 1949 is amended
by adding after section 11 (as added by section. 403(a)) the following
new section:
50 USC 403a
note.
"AUTHORITY TO ACCEPT GIFTS, DEVISES,. AND BEQUESTS
"SEC. 12. (a) Subject to the provisions of this section, the Director 50 USC 4031.
may accept, hold, administer, and use gifts of money, securities, or
other property whenever the Director determines it would be in the
interest of the United States to do so. Any gift accepted under this
section (and any income produced by any such gift) may be used only
for artistic display or for purposes relating to the general welfare,
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94 STAT. 1980 PUBLIC LAW 96-450-OCT. 14, 1980
Property,
handling and
disposal.
Fund
disbursement.
education, or recreation of employees or dependents of employees of
the Agency or for similar purposes, and under no circumstances may
such a gift (or any income produced by any such gift) be used for
operational purposes. The Director may not accept any gift under this
section which is expressly conditioned upon any expenditure not to be
met from the gift itself or from income produced by the gift unless
such expenditure has been authorized by law.
"(b) Unless otherwise restricted by the terms of the gift, the
Director may sell or exchange, or invest or reinvest, any property
which is accepted under this section, but any such investment may
only be in interest-bearing obligations of the United States or, in
obligations guaranteed. as to both principal and interest by the
United States.
"(c) There is hereby created on the books of the Treasury of the
United States a fund into which gifts of money, securities, and other
intangible property accepted under the authority of this section, and
the earnings and proceeds thereof, shall be deposited. The assets of
such fund shall be disbursed upon the order of the Director for the
purposes specified in subsection (a) or (b).
"(d) For purposes of Federal income, estate, and gift taxes, gifts
accepted by the Director under this section shall be considered to be
to or for the use of the United States.
"Gift". "(e) For the purposes of this section, the term `gift' includes a
bequest or devise.".
Monetary or
other relief.
AUTHORITY TO REMEDY UNJUSTIFIED PERSONNEL ACTIONS
SEC. 405. (a) Whenever the Director of Central Intelligence finds
during fiscal year 1981 that an employee or former employee of
the Central Intelligence Agency has unfairly had his career with the
Agency adversely affected as a result of allegations concerning the
loyalty to the United States of such employee or former employee, the
Director may grant such employee or former employee such mone-
tary or other relief (including reinstatement and promotion) as the
Director considers appropriate in the interest of fairness.
(b) Any action of the Director under this section is not reviewable in
any other forum or in any court.
(c) The authority of the Director to make payments under subsec-
tion (a) is effective only to the extent that appropriated funds are
available for that purpose.
SEC. 406. (a) Part III of subtitle A of title 10, United States Code, is
amended by adding at the end thereof the following new chapter:
"CHAPTER 108-GRANTING OF ADVANCED DEGREES AT
DEPARTMENT OF DEFENSE SCHOOLS
...ee.
"?i(;l. Defense Intelligence School: master of science of strategic intelligence.
2161. Defense Intelligence School: master of science of strategic
intelligence
"Under regulations prescribed by the Secretary of Defense, the
Commandant of the Defense Intelligence School may, upon recom-
mendation by the faculty of such school, confer the degree of master
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 "CONGRESSIONAL OVERSIGHT
"SEc. 501. (a) To the extent consistent with all applicable authori-
ties and duties, including those conferred by the Constitution upon
the executive and legislative branches of the Government, and to the
extent consistent with due regard for the protection from unauthor-
ized disclosure of classified information and information relating to
intelligence sources and methods, the Director of Central Intelligence
and the heads of all departments, agencies, and other entities of the
United States involved in intelligence activities shall-
"(I) keep the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives (hereinafter in this section referred to
as the `intelligence committees') fully and currently informed of
all intelligence activities which are the responsibility of, are
engaged in by, or are carried. out for or on behalf of, any
department, agency, or entity of the United States, including any
significant anticipated intelligence activity, except that (A) the
foregoing provision shall not require approval of the intelligence
committees as a condition precedent to the initiation of any such
anticipated intelligence activity, and (B) if the President deter-
mines it is essential to limit prior notice to meet extraordinary
circumstances affecting vital interests of the United States, such
notice shall be limited to the chairman and. ranking minority
members of the intelligence committees, the Speaker and minor-
ity leader of the House of Representatives, and the majority and
minority leaders of the Senate;
"(2) furnish. any information or material concerning intelli-
gence activities which is in the possession, custody, or control of
any department, agency, or entity of the United States and
which is requested by either of the intelligence committees in
order to carry out its authorized responsibilities; and
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PUBLIC LAW 96-450-OCT. 14, 1980 94 STAT. 1981
of science of strategic intelligence upon graduates of the school who
have fulfilled the requirements for that degree.".
tb) The table of chapters at the beginning of subtitle A of title 10,
United States Code, and the. table of chapters at. the beginning of part
III of such subtitle are each amended by inserting after the item
relating to chapter 107 the following new item:
108. Granting of Advanced Degrees at Department of Defense Schools ........... 2161".
CONGRESSIONAL OVERSIGHT OF INTELLIGENCE ACTIVITIES
SEC. 407. (a) Section 662 of the Foreign Assistance Act of 1961 (22
U.S.C. 2422) is amended-
(1) bystriking out "(a)" before "No funds";
(2) by striking out "and reports, in a timely fashion" and all
that follows in subsection (a) and inserting in lieu thereof a
period and the following: "Each such operation shall be consid-
ered a significant anticipated intelligence activity for the pur-
pose of section 501 of the National Security Act of 1947."; and
(3) by striking out subsection (b).
(b)(1) The National Security Act of 1947 (50 U.S.C. 401 et seq.) is
amended by adding at the end thereof the following new title:
"TITLE V-ACCOUNTABILITY FOR INTELLIGENCE
ACTIVITIES
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94 STAT. 19821 PUBLIC LAW 96-450-OCT. 14, 1980
Presidential
information to
congressional
committees.
Classified in-
formation
disclosure,
procedures.
"(3) report in a timely fashion to the intelligence committees
any illegal intelligence activity or significant intelligence failure
and any corrective action that has been taken or is planned to be
taken in connection with such illegal activity or failure.
"(b) The President shall fully inform the intelligence committees in
a timely fashion of intelligence operations in foreign countries, other
than activities intended solely for obtaining necessary intelligence,
for which prior notice was not given under subsection (a) and shall
provide a statement of the reasons for not giving prior notice.
"(c) The President and the intelligence committees shall each
establish such procedures as may be necessary to carry out the
provisions of subsections (a) and (b).
"(d) the House of Representatives and the Senate, in consultation
with the Director of Central Intelligence, shall each establish, by rule
or resolution of such House, procedures to protect from unauthorized
disclosure all classified information and all information relating to
intelligence sources and methods furnished to the intelligence com-
mittees or to Members of the Congress under this section. In accord-
ance with such procedures, each of the intelligence committees shall
promptly call to the attention of its respective House, or to any
appropriate committee or committees of its respective House, any
matter relating to intelligence activities requiring the attention of
such House or such committee or committees.
"(e) Nothing in this Act shall be construed as authority to withhold
information from the intelligence committees on the grounds that
providing the information to the intelligence committees would
constitute the unauthorized disclosure of classified information or
information relating to intelligence sources and methods.".
(2) The table of contents at the beginning of such Act is amended by
adding at the end thereof the following:
"TITLE V-ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
"Sec. 501. Congressional oversight.".
SEC. 408. 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.
Approved October 14, 1980.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96-926, Pt. I (Permanent Select Comm. on Intelligence) and
No. 96-926, Pt. 2, (Comm. on Armed Services) both reports
accompanying H.R. 7152; and No. 96-1350 (Comm. of Confer-
ence).
SENATE REPORTS: No. 96-659 (Select Comm. on. Intelligence) and No. 96-839
(Comm. on Armed Services).
CONGRESSIONAL RECORD, Vol. 126 (1980):
June 28, considered and passed Senate.
June 28, H.R. 7152 considered and passed House; passage vacated and S. 2597,
amended, passed in lieu.
Sept. 19, Senate agreed to conference report.
Sept. 30, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 42:
Oct. 14, Presidential statement.
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