LETTER TO HONORABLE DAVID A. STOCKMAN, DIRECTOR FROM WILLIAM J. CASEY

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CIA-RDP85B00552R001000080055-4
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K
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25
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December 20, 2016
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July 12, 2007
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55
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LETTER
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Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 The Director of Central Intelligence Washington. D.C. 20505 Honorable David A. Stockman, Director Office of Management and Budget Washington, D`. C. 20503 In accordance with Office of Management and Budget Circular No. A-19, revised, I am submitting proposed legis- lation.for your advice as to whether it is in accord with the program of the President. Enclosed are ten copies of a draft "Intelligence Authorization Act for Fiscal Year 1983_" Also enclosed are draft letters of transmittal to the President of the Senate and to the Speaker of the House of Representatives. The Fiscal Year 1983 Intelligence Authorization Act was identified as proposal number 97/2-4 in the proposed Central Intelligence Agency and Intelligence Community Legislative Program for the second session of the ninety- seventh Congress, which was forwarded to your Office on 15 November 1981 with the consolidated National Foreign Intelligence Program budget. The basic provisions of the draft Fiscal Year 1983 Intelligence Authorization Bill are substantively similar to those in the Fiscal Year 1982 Act .(P.L. 97-89). I would be most appreciative of your assistance in securing prompt clearance of this proposed legislation. Sincerely, William J. Casey Enclosures Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 The Director of Central Intelligence Washington. D. C. 20505 Honorable Thoas P. O'Neill, Jr. Speaker of the House of Representatives Washington, D.C. 20515 Dear Mr. Speaker: This letter transmits for the consideration of the Congress a draft "Intelligence Authorization Act for Fiscal Year 1983." Cooperative efforts by the Executive and Legislative Branches in the authorization process last year reflected the consensus'which exists with regard to the need to revitalize our nation's intelligence capabilities. I am confident that for fiscal year 1983 the Congress will continue to provide the resources needed to ensure the Intelligence Community's ability to monitor the military activities of our adversaries and to provide accurate assessments of the political, economic, and social forces which will shape world affairs in the 1980's. The draft Intelligence Authorization Act is accompanied by a detailed sectional analysis. Early and favorable consid- eration of the "Intelligence Authorization Act for Fiscal Year 1983" would be greatly appreciated. The Office of Management and-Budget has advised that enactment of this proposed legislation would be in accord with the program of the President. Sincerely, William J. Casey Enclosure Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 The Director of Central Intelligence Washington. D.C. 20505 Honorable George Bush President of the United States Senate Washington, D.C. 20510 Dear Mr. President: This letter transmits for the consideration of the Congress a draft "Intelligence Authorization Act for Fiscal Year 1983." Cooperative efforts by the Executive and Legislative Branches in the authorization process last year reflected the consensus which exists with regard to the need to revitalize our nation's intelligence capabilities. I am confident that for fiscal year. 1983 the Congress will continue to provide the resources needed to ensure the Intelligence Community's ability to monitor the military activities of our adversaries and to provide accurate assessments of the political, economic, and social forces which will shape world affairs in the 1980's. The draft Intelligence Authorization Act is accompanied by a detailed sectional analysis. Early and favorable consid- eration of the "Intelligence Authorization Act for Fiscal Year 1983" would be greatly appreciated. The Office of Management and'Budget has advised that enactment of this proposed legislation would be in accord with the program of the President. Sincerely, W i l l i a m J. Casey Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 , Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 To authorize appropriations for fiscal year 1983 for intelli- gence 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 for Fiscal Year 1983". TITLE I - INTELLIGENCE ACTIVITIES Authorization of Appropriations SEC. 101. Funds are hereby authorized to be appropriated for fiscal year 1983 for the conduct of the intelligence and intelligence-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 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. The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1983, for the conduct.of the intelligence and intelligence-related activities of the agencies listed in such section, are those specified in the classified Schedule of Authorizations prepared by the committee of conference to accompany of the Ninety-seventh 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. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Congressional Notification of Expenditures in Excess of Program Authorizations SEC. 103. During fiscal year 1983, funds may not. be made available for any activity for which funds are authorized to be appropriated by this Act unless such funds have been specifically authorized for such activity or, in the case of funds appropriated for a different activity, unless the Director of Central Intelligence or the Secretary of 'Defen.se has notified the appropriate committees of`Congress of the intent to make such funds available for such activity. 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. Authorization of Appropriations SEC. 201. There is authorized to be appropriated for the Intelligence Community Staff for fiscal year 1983 the sum of $18,100,000. Authorization of Personnel End-Strength SEC. 202.(a) The Intelligence Community Staff is authorized two hundred and thirty full-time equivalent personnel as of September 30, 1983. 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 1983, personnel of the Intelli- gence Community Staff shall be selected so as to provide appropriate representation from elements of the United States Government engaged in intelligence and intelligence- related activities. (c) During fiscal year 1983, any officer or employee of he 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. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Intelligence Community Staff Administered in Same Manner as Central Intelligence Agency SEC. 203. During fiscal year 1983, 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-403m) in the same manner as activities and personnel .of the Central Intelligence Agency. TITLE III - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Authorization of'Appropriations SEC. 301. There is authorized to be appropriated for STAT the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1983 TITLE IV - TECHNICAL PROVISIONS Increases in Employee Benefits Authorized by Law SEC. 401. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such benefits authorized by law. Compliance with Section 607 of P.L. 93-344, the Congressional Budget and Impoundment Control Act of 1974 SEC. 402. There are authorized to be appropriated for fiscal year 1984 such sums as may be necessary for the intelli- gence and intelligence-related activities of the United States Government, for the Intelligence Community Staff, and for the Central Intelligence Agency Retirement and Disability Fund. Amendment to Section 3 of Central Intelligence Agency Act of 1949 SEC. 403. (a) Section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c) is anended by adding at the end thereof the following new subsection: "(e) Section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759), including specifically subsection 111(e') of that Act, is not applicable to the procure- ment by the Central Intelligence Agency of automatic data processing equipment or services." (b) Subsection 3(e) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c), as added by subsection (a) of this section, does not apply to a contract made before the date of enactment of this Act. -3- Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552R001000080055-4 TITLE V - DEFENSE INTELLIGENCE AGENCY PROVISIONS Unauthorized Use Of Defense Intelligence Agency Name, Initials, Or Seal SEC. 501. (a) Chapter 4 of title 10, United States Code , is amended by adding at the end thereof the following new section "140c. ? Secretary, of Defense: Use of Defense Intelligence Agency Name, Initials, or Seal (a) No person may, except with the written permission of the Secretary of Defense or his designee, knowingly use the words 'Defense Intelligence Agency', the initials 'DIA', the seal of the Defense Intelligence Agency, or any colorable imitation of such words, initials, or seal in connection with any merchandise, impersonation, solicita- tion; or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Defense Intelligence Agency. "(b) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.". (b) The table of sections at the beginning of chapter 4 of title 10 is amended by adding at the end thereof the following new item: "140c. Secretary of Defense: Use of DID name, Initials, or Sea].". -4- = Approved For Release 2007/07/12 : CIA-RDP85B00552R001000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1983 SECTIONAL ANALYSIS AND EXPLANATION Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 INTELLIGENCE ACTIVITIES Section 101 lists the departments, agencies, and other elements of the United States Government for whose intelli- gence and intelligence-related activities the Act authorizes ;appropriations for fiscal year 1983. - w Section 102~makes clear that details of the amounts .'authorized to..be appropriated for intelligence and intelli- gence-related activities and personnel ceilings covered under this title for fiscal year 1983 are contained in a Glassified Schedule of Authorizations. The Schedule of Authorizations is incorporated into the Act by this section. Section 103 requires that no funds may be appropriated or otherwise made available through tran-sfer, reprogramming, etc., unless specifically authorized or accompanied by notifi- cation. It is understood that specifically authorized intelli- gence activities are those activities described in annual budget justification material as modified by the Congress. The notifi- cation requirement is not intended to apply to reprogrammings below agreed-to dollar thresholds, releases from authorized contingency funds, or to Economy Act transactions for specific activities otherwise authorized by law. Notification required under this provision is normally expected to be made at least fifteen days prior to completion of the funding transaction, but it is recognized that circumstances may occasionally require later notification. Should questions arise as to the relationship between section 103 and section 501 of the National Security Act of 1947, it is expected that resolution will be guided by the principles of comity and mutual understanding set forth in the legislative history accompanying the statutory intelli- gence oversight provisions enacted in 1980. Section 104 makes clear that, with the exception of any specific legislative authorities which may be contained in the Intelligence Authorization Act for Fiscal Year 1983, the Act is intended only to authorize appropriations and does not constitute authority for the conduct of any intelligence activity prohibited by the Constitution or laws of the. United States. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 ....... Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 INTELLIGENCE COMMUNITY STAFF Section 201 authorizes appropriations for the Intelli- gence Community Staff, which provides the Director of Central Intelligence with staff assistance to carry out his Intelligence Community responsibilities: Subsection 202(a). authorizes personnel end strength for the Intelligence Community Staff, and provides that personnel may be permanent employees of the Staff or detailed from various elements of the United States Government. Subsection 202(b) requires that detailed employees be selected so as to provide appropriate representation from the various departments and agencies engaged in intelligence and intelligence-related activities. Subsection 202(c) requires that personnel be detailed on a reimbursable basis except for temporary situations. Section 203 provides that the Director of Central Intelli- gence shall utilize existing statutory authority to manage the activities and to pay the personnel of the Intelligence Community Staff. This language reaffirms the statutory authority of the Director of Central Intelligence and clarifies the legal status of the Intelligence Community Staff. In the case of detailed personnel it is understood that the authority of the Director of Central Intelligence to discharge personnel extends only to discharge from service at the Intelligence Community Staff and not from federal employment or military service. - __ Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 TITLE III CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Section 301 authorizes fiscal year 1983 appropriations for the Central Intelligence Agency Retirement and Disability Fund. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 TECHNICAL PROVISIONS Section 401 provides authority for adjustments to federal employee compensation and benefits during fiscal year 1983 which are increased by current or subsequently en.acted law. The section obviates the-rlecessity for 'separate authorizations for such increases during the fiscal ;year . Section 402 brings the intelligence and intelligence- related activities authorization of appropriations process into:technical compliance with section 607 of P.L. 93-344, 'the`Congressional Budget and Impoundment Control Act of 1974, which requires that appropriations be authorized in the calendar year prior to the year in which the fiscal year begins. Section 403 restores Central Intelligence Agency automatic data processing equipment and services procure- ment authority which was constrained by enactment of section 111 of the Federal Property and Administrative Services Act (FPASA) of 1949, as amended (40 U.S.C. 759), granting certain government-wide authorities to the Administrator of General Services and the Secretary of Commerce. In 1981, Congress enacted in the Fiscal Year 1982 Department of Defense Authorization Act a provision, similar to this section, which excludes all Department of Defense automatic data processing equipment and services procurement for DoD intelligence activities from the scope of section 111 of the FPASA. This congressional recognition of the need for automatic data processing flexibility in support of intelligence activities would properly be extended to automatic data processing support for the intelligence activities of the Central Intelligence Agency by enactment of this section. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 DEFENSE INTELLIGENCE AGENCY PROVISIONS Section 501 extends to the Defense Intelligence Agency name, initials, and seal the same protection against misuse which has been afforded to the Central Intelligence Agency and National Security Agency names, initials, and seals (see sections 503 and 603 of P.L. 97-89, the Fiscal Year 1982 In.t''elligence Authorization Act). Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 __ Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1983 CHANGES IN EXISTING LAW Note: Where applicable, changes in existing law are shown as follows: existing law in which no change is proposed is shown in roman; existing law proposed to be struck is enclosed in brackets; new material is underscored. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 INTELLIGENCE ACTIVITIES Section 101: No substantive-change. Section 102: No substantive change. ,Sec`tion 103.: No substantive change. Section 104: No substantive change from section 805 of the fiscal year 1982 Act. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 INTELLIGENCE COMMUNITY STAFF Section 201: Subsection 202(a): Subsection 202(b): Subsection 202(c): No substantive change. No substantive change. No substantive change. No substantive change. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 TECHNICAL PROVISIONS Section 401: No substantive change (section 804 of the fiscal year 1982 Act). Section 402:. New provision. Section 403.: New provi sion. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 ..,..... _._.:_~ Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 DEFENSE INTELLIGENCE AGENCY PROVISIONS Section 501: New provision. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1983 COST ANALYSIS Approved For Release 2007/07/12 : CIA-RDP85B00552R001000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 TITLE I INTELLIGENCE ACTIVITIES Section 101: Fiscal Year 19'83.authorizations are contained in the classified Schedule of Authorizations. Section 102: Cost analysis not applicable. t Section 103: Cost analysis not applicable. Section 104: Cost analysis not applicable. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 TITLE II STAT Section 201: The authorization for fiscal year 1,983 Subsection .202(a): The authorized personnel end strength as of September 30, 1983 is 230 full- time equivalent.. Subsection 202(b): Cost analysis not applicable. Subsection 202(c): Cost analysis not applicable. Section 203: Cost analysis not applicable. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 DEFENSE INTELLIGENCE AGENCY PROVISIONS Section 501: No programmed expenditures contemplated. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4 TECHNICAL PROVISIONS Section 401: Cost analysis impossible to determine. Section. 402: Technical compliance with section 607 of P;L.. 93-344 only; cost analysis not applicable. Section 403-: Some cost savings through more effective and efficient procurement can be expected. Approved For Release 2007/07/12 : CIA-RDP85B00552RO01000080055-4