LETTER TO GEORGE BUSH FROM WILLIAM J. CASEY
Document Type:
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Document Number (FOIA) /ESDN (CREST):
CIA-RDP86B00338R000200170003-1
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RIFPUB
Original Classification:
K
Document Page Count:
20
Document Creation Date:
December 21, 2016
Document Release Date:
August 27, 2008
Sequence Number:
3
Case Number:
Publication Date:
March 28, 1984
Content Type:
LETTER
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Executive Registry
84_-_
2 8 MAR 1984
The Honorable George Bush
President of the Senate
Washington, D.C. 20510
This letter transmits for the consideration of the Congress
a proposed "Intelligence Authorization Act for Fiscal Year
1985."
To continue the progress which the Executive and
Legislative Branches have taken together toward revitalization
of our nation's intelligence mission, sufficient resources in
Fiscal Year 1985 must be provided to ensure availability of the
intelligence capabilities needed to meet the challenges facing
the Intelligence Community. I am confident that the Congress
will provide the sources needed to continue the progress which
we have sought together.
The proposed Intelligence Authorization Act is accompanied
by a detailed section-by-section explanation. Timely
consideration of the "Intelligence Authorization Act for Fiscal
Year 1985" would be most welcome. The Office of Management and
Budget has advised that enactment of this proposed legislation
would be in accordance with the President's program.
Sincerely,
/s/_ Wei 16 L.mwt
William J. Casey
Director of Central Intelligence
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Central IrMWna Agncy
2 8 MAR 1984
The Honorable Thomas P. O'Neill, Jr.
Speaker of the House of Representatives
Washington, D.C. 20515
Executive Registr
- 1 35
Dear Mr. Speaker:
This letter transmits for the consideration of the Congress
a proposed "Intelligence Authorization Act for Fiscal Year
1985."
To continue the progress which the Executive and
Legislative Branches have taken together toward revitalization
of our nation's intelligence mission, sufficient resources in
Fiscal Year 1985 must be provided to ensure the availability of
the intelligence capabilities needed to meet the challenges
facing the Intelligence Community. I am confident that the
Congress will provide the resources needed to continue the
progress which we have sought together.
The proposed Intelligence Authorization Act is accompanied
by a detailed section-by-section explanation. Timely
consideration of the "Intelligence Authorization Act for Fiscal
Year 1985" would be most welcome. The Office of Management and
Budget has advised that enactment of this proposed legislation
would be in accordance with the President's program.
Sincerely,
%s/. WillIem J. Q065
William J. Casey
Director of Central Intelligence
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To authorize appropriations for fiscal year 1985 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 for
Fiscal Year 1985".
Authorization of Appropriations
SEC. 101. Funds are hereby authorized to be appropriated
for fiscal year 1985 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 Intelligence Community Staff;
(3) The Department of Defense;
(4) The Defense Intelligence Agency;
(5) The National Security Agency;
(6) The Department of the Army, the Department of the
Navy, and the Department of the Air Force;
(7) The Department of State;
(8) The Department of the Treasury;
(9) The Department of Energy; and
(10) The Federal Bureau of Investigation.
Classified Schedule of Authorizations.
SEC. 102. The amounts authorized to be appropriated under
section 101, and the authorized personnel ceilings as of
September 30, 1985, 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 committee of conference to
accompany [ ] of the Ninety-Eighth Congress. That
Schedule of Authorizations shall be made available to the
Committee 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.
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Congressional Notification of Expenditures
in Excess of Program Authorizations
SEC. 103. During fiscal year 1985, funds may not be made
available for any intelligence or intelligence-related activity
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 Defense has notified the appropriate committees of
Congress of the intent to make such funds available for such
activity, except that, in no case may reprogramming or transfer
authority be used by the Director of Central Intelligence or
the Secretary of Defense unless for higher priority
intelligence or intelligence-related activities, based on
unforeseen requirements, than those for which funds were
originally authorized, and in no case where the intelligence or
intelligence-related activity for which funds were requested
has been denied by Congress.
Personnel Ceiling Adjustments
SEC. 104. The Director of Central Intelligence may
authorize employment of civilian personnel in excess of the
numbers authorized for the fiscal year 1985 under sections 102
and 202 of this Act when he determines that such action is
necessary to the performance of important intelligence
functions, except that such number may not, for any element of
the Intelligence Community, exceed 2 per centum of the number
of civilian personnel authorized under such sections for such
element. The Director of Central Intelligence shall promptly
notify the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate whenever he exercises the authority
granted by this section.
Authorization of Appropriations
SEC. 201. There is authorized to be appropriated for the
Intelligence Community Staff for fiscal year 1985 the sum of
$21,827,000.00.
Authorization of Personnel End-Strength
SEC. 202. The Intelligence Community Staff is authorized
two hundred and thirty two (232) full-time personnel as of
September 30, 1985. Such personnel of the Intelligence
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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 1985, personnel of the Intelligence
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 1985, 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 nonreimburseable 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 1985, 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-403n) 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 the
Central Intelligence Agency Retirement and Disability Fund for
fiscal year 1985 the sum of $99,300,000.
TITLE IV - MODIFICATION OF CERTAIN
NATURALIZATION REQUIREMENTS
Immigration and Nationality Act Amendment
SEC. 401. Section 316 of the Immigration and Nationality
Act (8 U.S.C. 1427) is amended by adding at the end thereof the
following new subsection:
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"(g) Whenever the Director of Central Intelligence, the
Attorney General, and the Commissioner of Immigration,
shall determine that a petitioner otherwise eligible for
naturalization has made a significant contribution to the
national security or to the national intelligence mission,
the petitioner may be naturalized without regard to the
residence and physical presence requirements of this
section, or to the prohibitions of Section 313 of this Act,
and no residence within the jurisdiction of the court shall
be required."
TITLE V - ADMINISTRATIVE PROVISIONS RELATED
TO INTELLIGENCE AGENCIES
Compensation of Director and Deputy
Director of Central Intelligence
SEC. 501. (a) Section 5312 of title 5, United States
Code, is amended by adding at the end thereof the following:
"( ) Director of Central Intelligence."
(b) Section 5313 of title 5, United States Code, is
amended by inserting "Deputy" before "Director of Central
Intelligence."
(c) Section 5314 of title 5, United States Code, is
amended by striking out "Deputy Director of Central
Intelligence."
CIA Performance of Security-Related Duties
SEC. 502. Section 5 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403f) is amended by adding at the end of
subsection (g) the following new subsection:
"(h) Accept, notwithstanding section 102(d)(3) of the
National Security Act of 1947, a delegation from the
Administrator of General Services of authority to protect
persons and property with the powers set forth in
section 318 of Title 40, United States Code, and of
authority to promulgate rules and regulations for the
protection of property under Agency charge and control with
the powers set forth in section 318a of Title 40, United
States Code."
A
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TITLE VI - GENERAL PROVISIONS
Restriction on Conduct of Intelligence Activities
SEC. 601. 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 Benefits Authorized by Law
SEC. 602. 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. 603. There are authorized to be appropriated for
fiscal year 1986 such sums as may be necessary for the
intelligence and intelligence-related activities of the United
States Government, for the Intelligence Community Staff, and
for the Central Intelligence Agency Retirement and Disability
Fund.
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INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 1985
SECTION-BY-SECTION ANALYSIS
AND EXPLANATION
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Section 101 lists the departments, agencies, and other
elements of the United States Government for whose intelligence
and intelligence-related activities the Act authorizes
appropriations for fiscal year 1985.
Section 102 makes clear that details of the amounts
authorized to be appropriated for intelligence and
intelligence-related activities and personnel ceilings covered
under this title for fiscal year 1985 are contained in a
classified 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 the exercise of transfer or
reprogramming authority unless specifically authorized or
accompanied by notification. It is understood that
specifically authorized intelligence activities are those
activities described in annual budget justification material as
modified by the Congress. The notification 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 this
section and section 105 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 intelligence oversight
provisions enacted in 1980.
Section 104 authorizes the Director of Central Intelligence
in fiscal year 1985 to expand the personnel ceilings applicable
to the components of the Intelligence Community under Sections
102 and 202 by an amount not to exceed 2 percent of the total
of the ceilings applicable under these sections. The Director
may exercise this authority only when necessary to the
performance of important intelligence functions or to the
maintenance of a stable personnel force, and any exercise of
this authority must be reported to the two intelligence
committees of the Congress.
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Section 201 authorizes appropriations in the amount of
$21,827,000 for the staffing and administration of the
Intelligence Community Staff.
Section 202 provides details concerning the number and
composition of Intelligence Community Staff personnel.
Subsection (a) authorizes two hundred thirty-two (232)
full-time personnel for the Intelligence Community Staff for
fiscal year 1985, and provides that personnel of the
Intelligence Community Staff may be permanent employees of the
Staff or detailed from various elements of the United States
Government.
Subsection (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 (c) requires that personnel be detailed on a
reimbursable basis except for temporary situations.
Section 203 provides that the Director of Central
Intelligence 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.
CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
Section 301 authorizes fiscal year 1985 appropriations in
the amount of 99,300,000 for the Central Intelligence Agency
Retirement and Disability Fund.
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MODIFICATION OF CERTAIN
NATURALIZATION REQUIREMENTS
Section 401 amends section 316 of the Immigration and
Nationality Act, 8 U.S.C. 1427, to authorize the waiver of
three requirements for naturalization for certain persons who
have made significant contributions to the national security or
to the national intelligence mission. The requirements are
general residency and physical presence, the requirements
imposed on members of certain organizations, and the
requirement that the naturalization petition be filed in the
court which has jurisdiction over the petitioner's place of
residence. Congress has established a number of conditions on
the granting of United States citizenship. These are set forth
in Chapter 2 of Title III of the Immigration and Nationality
Act, 8 U.S.C. 1421 et seq. The Congress has recognized,
however, that when necessary to other governmental interests,
certain of these requirements should be reduced or waived
entirely. Unfortunately, there remain some requirements of the
Immigration and Nationality Act which prevent complete
recognition of significant contributions made to the national
security or to the national intelligence mission. Section 401
seeks to remedy this situation by addressing three requirements
which currently stand in the way of expeditious naturalization
of individuals making such contributions. Under the amendment
proposed in section 401, waivers would be authorized in
recognition of outstanding contributions to the United States
and of the fact that the character and quality of service to
the United States by certain individuals demonstrates that
there is no need for them to serve a probationary period of
residence to prove their fitness for citizenship.
The waivers authorized by proposed subsection (g) of
section 316 of the Immigration and Nationality Act are limited
in nature. They would become operative only after initiation
by the Director of Central Intelligence, the Attorney General
and the Commissioner of Immigration and Naturalization.
Waivers would be authorized only for three very specific
requirements for naturalization. Individuals granted such
waivers would have to comply with all other naturalization
requirements.
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ADMINISTRATIVE PROVISIONS RELATED TO
INTELLIGENCE AGENCIES
Section 501 adjusts the annual rates of basic pay for the
positions of Director and Deputy Director of Central
Intelligence. Section 5312 of title 5, United States Code,
currently lists fourteen (14) positions which have an annual
rate of basic pay at level 1 of the Executive Schedule.
Subsection 501(a) would add the Director of Central
Intelligence to the list. Section 5313 of title 5, United
States Code, sets forth those positions which have an annual
rate of basic pay at level 11 of the Executive Schedule. The
Director of Central Intelligence is presently included in this
listing. Subsection 501(b) would change the listed position of
Director of Central Intelligence to Deputy Director of Central
Intelligence. Given the addition of the Deputy Director of
Central Intelligence to the Executive Schedule level 11
position listed in Section 5313, it becomes necessary to amend
Section 5314 of title 5, United States Code, to strike the
Deputy Director of Central Intelligence from the positions
listed as receiving an annual rate of basic pay at level 111 of
the Executive Schedule. Subsection 501(c) accomplishes this.
Section 502 authorizes the Agency to receive a delegation
of authority from the Administrator of General Services to
protect Agency facilities, property and personnel with the
powers provided the General Services Administration (GSA) in
section 318 of Title 40, United States Code. The Agency, on
several occasions, has considered accepting a delegation from
GSA of certain of the unique protective authorities exercised
by GSA with respect to Agency facilities. The authorities
which the Agency has contemplated accepting are those set forth
in 40 U.S.C. Section 318, which authorizes GSA to police
certain Government buildings by enforcing laws enacted for the
protection of persons and property, to prevent breaches of the
peace and to otherwise enforce rules and regulations
promulgated by the Administrator of GSA for the protection of
Government property. In considering whether to accept a
delegation from GSA of the above authorities, a question has
been raised concerning the Agency's ability to accept such a
delegation and exercise the above authorities given the proviso
contained in the National Security Act of 1947 that the Agency
may exercise "no police, subpena, law-enforcement powers, or
internal security functions...."
To facilitate this desired transfer of authorities from GSA
to CIA, this section eliminates any doubt concerning the
Agency's ability to receive and exercise with respect to CIA
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facilities these delegated security-related powers in light of
the above prohibition contained in the 1947 Act. This section
authorizes the Agency to accept a delegation of those powers
set forth in section 318, the exercise of which would be
limited to those essential functions needed to insure the
safety and protection of Agency property and the persons
thereon. This section also authorizes the Agency to promulgate
rules and regulations for the protection of any property under
the Agency's charge and control. The authority to promulgate
rules and regulations permits the Agency to tailor to the needs
of CIA those GSA regulations wnich are in effect for federal
property under GSA custody and control.
Section 601 makes clear that, with the exception of any
specific legislative authorities which may be contained in the
Intelligence Authorization Act for Fiscal Year 1985, 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.
Section 602 authorizes the increase of appropriations
authorized by the Act for salary, pay, retirement and other
benefits for federal employees as necessary for increases in
such benefits authorized by law.
Section 603 authorizes such sums as may be necessary for
the intelligence and intelligence-related activities of the
United States Government, for the Intelligence Community Staff,
and for the Central Intelligence Agency Retirement and
Disability Fund for fiscal year 1986. This section also brings
the authorization process into compliance with section 607 of
Public Law 93-344, the Congressional Budget and Impoundment
Control Act of 1974 (31 U.S.C. ?1110) which requires that
appropriations be authorized in the calendar year prior to the
year in which the fiscal year begins.
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INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 1985
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.
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INTELLIGENCE ACTIVITIES
Section 101: No substantive change.
Section 102: No substantive change.
Section 103: No substantive change from Section 103 of the
fiscal year 1984 Act.
Section 104: No substantive change from Section 107 of the
fiscal year 1984 Act.
INTELLIGENCE COMMUNITY STAFF
Section 201: No substantive change.
Section 202: No substantive change.
Section 203: No substantive change.
CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
Section 301: $99,300,000.00.
MODIFICATION OF CERTAIN
NATURALIZATION REQUIREMENTS
Section 401: Amends Section 316 of the Immigration and
Nationality Act (8 U.S.C. 1427), by adding at the end thereof a
new subsection (g), as follows:
Requirements As To Residence, Good Moral Character,
Attachment to the Principles of the Constitution, and Favorable
Disposition to the United States.
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(g) Whenever the Director of Central Intelligence, the
Attorney General, and the Commissioner of Immigration shall
determine that a petitioner otherwise eligible for
naturalization has made a significant contribution to the
national security or to the national intelligence mission, the
petitioner may be naturalized without regard to the residence
and physical presence requirements of this section, or to the
prohibitions of Section 313 of this Act, and no residence
within the jurisdiction of the court shall be required.
ADMINISTRATIVE PROVISIONS RELATED TO
INTELLIGENCE AGENCIES
Section 501: Amends title 5, United States Code, as
follows:
Director of Central Intelligence.
5 U.S.C. 5313
Deputy Director of Central Intelligence.
[Deputy Director of Central Intelligence.]
Section 502: Amends Section 5 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403f) by adding at the end of
subsection (g) the following new subsection:
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"(h) Accept, notwithstanding section 102(d)(3) of the
National Security Act of 1947, a delegation from the
Administrator of General Services of authority to protect
persons and property with the powers set forth in
section 318 of Title 40, United States Code, and of
authority to promulgate rules and regulations for the
protection of property under Agency charge and control with
the powers set forth in section 318a of Title 40, United
States Code."
TITLE VI
GENERAL PROVISIONS
Section 601: No substantive change.
Section 602: No substantive change.
Section 603: New provision.
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INTELLIGENCE AUTHORIZATION ACT
FOR FISCAL YEAR 1985
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Section 101: Fiscal Year 1985 authorizations are contained
in the Classified Schedule of Authorizations.
Section 102: Cost analysis not applicable.
Section 103: Cost analysis not applicable.
Section 104: Cost contingent upon exercise of permissive
authority.
TITLE II
INTELLIGENCE COMMUNITY STAFF
Section 201: The fiscal year 1985 authorization is
$21,827,000.00
Section 202: Cost analysis not applicable.
Section 203: Cost analysis not applicable.
TITLE III
CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
Section 301: The fiscal year 1985 authorization is
$99,300,000.00.
TITLE IV
MODIFICATION OF CERTAIN NATURALIZATION REQUIREMENTS
Section 401: Cost analysis not applicable.
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ADMINISTRATIVE PROVISIONS RELATED
TO INTELLIGENCE AGENCIES
Subsection 501: (a) Would result in a cost of $10,700.00
per annum, representing the current difference between the
annual rate of basic pay payable for positions listed at
level 1 of the Executive Schedule and those listed at level 11.
Subsection 501: (b) Would result in a cost of $1,400.00
per annum, representing the current difference between the
annual rate of basic pay payable for positions listed at
level 11 of the Executive Schedule and those listed at
level 111.
Subsection 501: (c) Cost analysis not applicable.
Section 502: Cost analysis not applicable.
TITLE VI
GENERAL PROVISIONS
Section 601: Cost analysis not applicable.
Section 602: Cost analysis impossible to determine.
Section 603: Technical compliance with section 607 of
Public Law 93-344 only; cost analysis not applicable.
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