FISCAL YEAR 1982 INTELLIGENCE AUTHORIZATION BILL

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CIA-RDP89M00610R000100010012-2
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36
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December 20, 2016
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March 2, 2007
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12
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Publication Date: 
May 29, 1981
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Approved For Releas4 1JIA-DP89MOO61 OR0001 oi?YY2 HPSCI ? is 0 OLC. 81-0109/26 29 May 1981 Chief, Legislation Division, OLC SUBJECT: Fiscal Year 1982 Intelligence Authorization Bill 1. Attached for your information is H.R. 3454, the House version--of the Bill asr-eported from the House Permanent Select Committee on Intelligence on 19 May 1981, along with the accompanying report-. Particular points of interest in the Bill include the following: -- Section 501, amending section 303 of the National Security Act of 1947. -- Section-502, benefits, allowances, and travel authority provisions. Note the report language on pages 8-9.of the report. 2. Please note also that the HPSCI has retained section 103, which first appeared in the Authorization Act last year (i.e., the fi.sc.al year 1981 Act). The report language accompany- ing section 103 is slightly different from last year in that the phrase "i.e., line item" has been inserted in the first line of the explanation of the section. You may recall that we held a meeting to discuss section 103 on 28 January of this year. At that time it was determined that accommodation procurements and Economy Act transfers did not fall within the scope of section 103's requirements. It was also determined that any joint projects with foreign governments would be briefed to the appropriate committees whether or not section 103 existed, and that income from proprietaries was not relevant to section 103. I would appreciate having your views on whether or not the new language in the explanation of section 103 is inimical to the Agency's interests. The additional language may be designed to evidence intent that the section 103 requirements are meant to pertain to each individual program issue listed in the Schedule of Authorizations. Such intent, however, could have been stated specifically, and it would not appear that the new language necessarily changes. the meaning of section 103. Gi 0 R F I lu E RWT I A ~ Approved For Release 2007/03/03: CIA-RDP89M0061OR000100010012-2 3. You will recall. that the Senate version of the Bill does not contain a counterpart to section 103, and there is thus room for maneuver on this issue at conference. ? 1 - OLC Subject 1 - OLC Chrono (OGC) D/Comptroller) C) SSA/DDA) /OP) S/DDO) OLC/RMS) MS) /S) PA) (file: FY 82 Intelligence Authorization Bill) OLC:GMC:sf (28 May 0 1981) Approved For Release 2007/03/03: CIA-RDP89MOO610R000100010012-2 0 97TH CONGRESS H. R. 3454 1ST SESSION To authorize appropriations for fiscal year 1982 for the intelligence and intelli- gence-relaLted activities of the United States Government, for the Intelligence Community Staff, and for the Central Intelligence Agency Retirement and Disability System, to authorize supplemental appropriations for fiscal year 1981 for the intelligence and intelligence-related activities of the United States Government, and for other purposes. 0 IN THE HOUSE OF REPRESENTATIVES MAY 6, 1981 Mr. BoL AND introduced the following bill; which was referred to the Permanent Select Committee on Intelligence A BILL To authorize appropriations for fiscal year 1982 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 System, to authorize supplemental appropriations for fiscal year 1981 for the intelligence and intelligence-related activi- ties of the United States Government, and for other pur- poses. 1 Be it enacted by the Senate and House of Representa- 2 Lives of the United States of America in Congress assembled, Approved For Release 2007/03/03: Cl?T.RDP89MC10610R00010001.OQ 2 1 That this Act may be cited as the "Intelligence Authoriza- 2 tion Act for Fiscal Year 1982". 3 TITLE I-INTELLIGENCE ACTIVITIES 4 AUTHORIZATION OF APPROPRIATIONS 5 SEC. 101. Funds are hereby authorized to be appropri- 6 ated for fiscal year '1982 for the conduct of the intelligence 7 and intelligence-related activities of the following agencies: of 8 the United States Government: 9 (1) The Central Intelligence Agency. 10 (2) The Department of Defense. 11 (3) The Defense Intelligence Agency. 12 (4) The National Security Agency. 13 (5) The Department of the Army, the Department 14 of the Navy, and the Department of the Air Force. 15 (6) The Department of State. 16 (7) The Department of the Treasury. 17 (8) The Department of Energy. 18 (9) The Federal Bureau of Investigation. 19 (10) The Drug Enforcement Administration. 20 CLASSIFIED SCHEDULE OF AUTHORIZATIONS 21 SEC. 102: The amounts authorized to be appropriated 22 under section 101, and the authorized personnel ceilings as of 23 September 30, 1982, for the conduct of the intelligence and 24 intelligence-related activities of the agencies listed in such 25 section, are those specified in the classified Schedule of Au- roved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03 CIA-RDP89MOO61OR000100010012-2 ? 0 3 1 thorizations prepared by the Permanent Select Committee on 2 Intelligence of the House of Representatives to accompany 3 H.R. 3454 of the Ninety-seventh Congress. That Schedule of 4 Authorizations shall be made available to the Committees on 5 Appropriations. of the Senate and House ,of Representatives 6 and to the President. The President shall provide for suitable 7 distribution of the Schedule, or of appropriate portions of the 8 Schedule, within the executive branch. 9 CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN 10 EXCESS OF PROGRAM AUTHORIZATIONS 11 SEC. 103. During fiscal year 1982, funds may not be 12 obligated or expended for any program for which funds are 13 authorized to be appropriated by section 101 in an amount in 'l, 14 excess of the amount specified for that program in the classi- 15 fied Schedule of Authorizations described in section 102 16 unless the Director of Central Intelligence or the Secretary 17 of Defense notifies the appropriate committees of Congress of 18 the intent to make such obligation or expenditure not less 19 than fifteen days before such obligation or expenditure is 20 made. 21, RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES 22 SEC. 104. Nothing contained in this Act shall be 23* deemed to constitute authority for the conduct of any intelli- 24 gene activity which is not otherwise authorized by the Con- 25 stitution or laws of the United States. Approved For Release 2007/03/03: CIA-ROP89MOO61OR000100010012-2 4 1 AUTHORIZATION OF APPROPRIATIONS FOR COUNTER- 2 TERRORISM ACTIVITIES OF THE FEDERAL BUREAU 3 OF INVESTIGATION 4 SEC. 105. In addition. to the amounts authorized to be 5 appropriated under section 101(9), there is authorized to be 6 appropriated for fiscal year 1982 the sum of $11,900,000 for 7 the conduct of the activities of the Federal Bureau of Investi- 8 gation to counter terrorism in the United States. 9 TITLE II-INTELLIGENCE COMMUNITY STAFF 10, AUTHORIZATION. OF APPROPRIATIONS 11 SEC. 201. There is authorized to be appropriated for the 12 Intelligence Community Staff for fiscal year 1982 the sum of 13 $13,600,000. 14 AUTHORIZATION OF PERSONNEL END-STRENGTH 15 SEc. 202. (a) The Intelligence Community Staff is au- 1-6 thorized two hundred and twenty full-time personnel as of 17 September 30, 1982. Such personnel may be permanent em- 18 ployees of the Intelligence Community Staff or personnel de- 19 tailed from other elements of the United'States Government. 20 (b) During fiscal year 1982, personnel of the Intelli- 21 gence Community Staff shall be selected so as to provide 22 appropriate representation from elements of the United 23 States Government engaged in intelligence and intelligence- 24 related activities. ? is 0 Approved. For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 40 5 1 (c) During fiscal year 1982, any officer or employee of 2 the United States or member of the Armed Forces who is 3 detailed to the Intelligence Community Staff from another 4 element of the United States Government shall be detailed on 5 a reimbursable basis, except that any such officer, employee, 6 or member may be detailed on a nonreimbursable basis for a 7 period of less than one year for the performance of temporary 8 functions as required by the Director of Central Intelligence. 9 INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN 10 SAME MANNER AS CENTRAL INTELLIGENCY AGENCY 11 SEC. 203. During fiscal year 1982, activities and per- 12 sonnel of the Intelligence Community Staff shall be subject to 13 the provisions of the National Security Act of 1947 (50 14 U.S.C. 401 et seq.) and the Central Intelligence Agency Act 15 of 1949 (50 U.S.C. 403a-403j) in the same manner as activi- 16 ties and personnel of the Central Intelligence Agency. 17 TITLE III-CENTRAL INTELLIGENCE AGENCY 18 RETIREMENT AND DISABILITY SYSTEM 19 AUTHORIZATION OF APPROPRIATIONS 20 SEC. 301. There is authorized to be appropriated for the 21 Central Intelligence Agency Retirement and Disability Fund 22 for fiscal year 1982 the sum of $84,600,000.:. Approved For Release 20071031Q3 : CIA-RDP89MOO61OR000100Q10012-2 6 1 TITLE IV-SUPPLEMENTAL AUTHORIZATION 2 FOR FISCAL.YEAR 1981 3 AUTHORIZATION OF APPROPRIATIONS 4 SEC. 401. In addition to the funds authorized to be ap- 5 propriated under title I of the Intelligence Authorization Act 6 for Fiscal Year 1981 (Public Law 96-450; 94 Stat. 1975), 7 funds are hereby authorized to be appropriated for fiscal year 8 1981 for the conduct of the intelligence and intelligence- 9 related activities of the United States Government. The 10 amounts authorized to be. appropriated under the preceding 11 sentence are those specified for that purpose in the classified 12 Schedule of Authorizations described in section 102. 13 TITLE V-GENERAL PROVISIONS 14 INTELLIGENCE ADVISORY COMMITTEES 15 SEC. 501. (a) Subsection (a) of section 303 of the Na- 16 tional Security Act of 1947 (50 U.S.C. 405) is amended by 17 striking out "at a rate not to exceed $50 for each day of 18 service" in the last sentence and inserting in lieu thereof the 19 following: "at a daily rate not to exceed the daily equivalent 20 of the rate of pay in effect for grade GS-18 of the General 21 Schedule established by section 5332 of title 5, United States 22 Code". 23 (b) Subsection (b) of such section is amended by striking 24 out "section 281, 283, or 284 of title 18" and inserting in 25 lieu thereof "section 203, 205, or 207 of title 18". Approved For Release 2007/03/03: CIA-RDP89MOO610R000100010012-2 ? ? 0 ? 0 Approved For Release 2007/03/03: CI DP89M0061OR0001 7 1 ALLOWANCES AND BENEFITS FOR INTELLIGENCE 2 PERSONNEL 3 SEC. 502. (a) Section 4 of the Central Intelligence 4 Agency Act of 1949 (50 U.S.C. 403e) is amended- .5 (1) by inserting "(a)" before "Under such regula- 6 tions"; and 7 (2) by adding at the end thereof the following new 8 subsection: 9 "(b)(1) The Director may pay to officers and employees 10 of the Agency, and to persons detailed or assigned to the 11 Agency from other agencies of the Government or from the 12 Armed Forces, allowances and benefits comparable to the 13 allowances and benefits authorized to be paid to members of 14 the Foreign Service under chapter 9 of title I of the Foreign 15 Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other 16 provision of law. 17 "(2) The Director may pay allowances and benefits re- 18 lated to officially authorized travel, personnel and physical 19 security activities, operational activities, and cover-related 20 activities .(whether or not such allowances and benefits are 21 otherwise authorized under this section or any other provi- 22 Sion of law) when payment of such allowances and benefits is 23 necessary to meet the special requirements of work related to 24 such activities.. Payment of allowances and benefits under 25 this paragraph shall be in accordance with regulations pre- Approved For Release 2007.103103: CIA-RDP89M0061OR000100010012-2- 8 1 scribed by the Director. Rates for allowances and benefits 2 under this paragraph may not be set at rates in excess of'. 3 those authorized by section 5724 and 5724a of title 5, United 4 States Code, when reimbursement is provided for relocation 5 attributable, in whole or in part, to relocation within the 6 United States. 7 "(3) Notwithstanding any other provision of this section 8 or any other provision of law relating to the officially author- 9 ized travel of Government employees, the Director, in order 10 to reflect Agency requirements not taken into -account in the 11 formulation of Government-wide travel procedures, may by 12 regulation authorize the travel of officers and employees of 13 the Agency, and of persons detailed or assigned to the 14 Agency from other agencies of the Government or from the 15 Armed Forces who are engaged in the performance of intelli- 16 gene functions, and may provide for payment for such 17 travel, in cases in which, in the opinion of the Director, such 18 travel is important to the performance of intelligence 19 functions. 0 0 20 "(4) . Members of the Armed Forces may not receive 21 benefits under both this section and title 37, United States 22 Code, for the same purpose. The Director and Secretary of 0 23 Defense shall prescribe joint regulations to carry out the pre- 24 ceding sentence. Approved For Release 2007/03/03: CIA-RDP89M0061OR000100010012-2 ? ? ? 1 "(5) Regulations issued pursuant to this subsection (and 2 any changes to such regulations) shall be submitted to the 3 Permanent Select Committee on Intelligence of the House of 4 Representatives and the Select Committee on Intelligence of 5 the Senate before such regulations (or such changes) take 6 effect.". 7 (b)(1) Subsection (b)(1) of section 9 of the National Secu- 8 rity Agency Act of 1959 (50 U.S.C. 402 note) is amended to 9 read as follows: 10 "(1) allowances and benefits- 11 "(A) comparable to those provided by the 12 Secretary of State to members of the Foreign 13 Service under chapter 9 of title I of the Foreign 14 Service Act of 1980 (22 U.S.C. 4081 et seq.) or 15 any other provision of law; and 16 "(B) in the case of selected personnel serving 17 in circumstances similar to those in which person- 18 nel of the Central Intelligence Agency serve, 19 comparable to those provided by the Director of 20 Central Intelligence to personnel of the Central 21 Intelligence Agency; and". 22 (2) Such section is further amended by adding at the end 23 thereof the following new subsections: 24 "(d) Members of the Armed ' Forces may not receive 25 benefits under both subsection (b)(1) and title 37, United H.R. 3454-ih=-2 Approved For Release 2007/03/03;. CIA RDP89M0061 OR00010001001 10 1 States Code, for the same purpose. The Secretary of Defense 2 shall prescribe such regulations as may be necessary to carry 3 out this subsection. 4 "(e) Regulations issued pursuant to subsection (b)(1) 5 (and any changes to such regulations) shall be submitted to 6 the Permanent Select Committee on Intelligence of the 7 House of Representatives and the Select Committee on In- 8 telligence of the Senate before such regulations (or such 9 changes) take effect.". 10 LANGUAGE TRAINING AND CRYPTOLOGIC LINGUIST 11 RESERVE PROGRAMS 12 SEC. 503. The National Security Agency Act of 1959 13 (50 U.S.C. 402 note) is amended- 14 (1) by inserting after section 9 the following: 15 "SEC. 10. (a) The Director of the National Security 16 Agency shall arrange for, and shall prescribe regulations con- 17 cerning, language and language-related training programs for 18 military and civilian cryptologic personnel. In establishing 19 programs --under this section for language and language- 20 related training, the Director- 21 "(1) may provide for the training and instruction 22 to be furnished, including functional and geographic 23 area specializations; 24 "(2) may arrange for training and instruction 25 through other Government agencies and, in any case in roved For Release 2007/03/03: CIA-RDP89MOO610R000100010012-2 ? 0 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 ? 3 tal facilities that furnish training and instruction useful 4 in the fields of language and foreign affairs; 5 "(3) may support programs that furnish necessary 6 language and language-related skills, including, in. any 7 case in. which appropriate programs are unavailable at 8 Government facilities, support through contracts, 9 grants, or cooperation with nongovernmental educa- 10 tional institutions; and 11 "(4) may obtain by appointment or contract the 12 services of individuals to serve as language instructors, through Government facilities, through nongovernmen- 0 0 11 1 which appropriate training or instruction is unavailable 13 linguists, or special language project personnel. 14 "(b)(1) In order to maintain necessary capability in for- 15 eign language skills and related abilities needed by the Na- 16 tional Security Agency, the Director, without regard to sub- 17 chapter IV of chapter 55 of title 5, United States Code, may 18 provide special monetary or other incentives to encourage 19 civilian cryptologic personnel of the Agency to acquire or 20 retain proficiency in foreign languages or special related 21 abilities needed by the Agency. 22 "(2) In order to provide linguistic training and support 23 for civilian cryptologic personnel, the Director- 24 "(A) may pay all or part of the tuition and other 25 expenses related to the training of personnel who are Approved For Release 2007/03/03: CIA-RDP89M0061OR000100010012-2 12 1 assigned or detailed for language and language-related 2 training, orientation, or instruction; and 3 "(B) may pay benefits and allowances in accord- 4 ance with chapters 57 and 59 of title 5, United States 5 Code, to such personnel who are assigned to training 6 at sites away from their designated duty station. 7 "(c)(1) To the extent not inconsistent, in the opinion of 8 the Secretary of Defense, with the operation-of military cryp- 9 tologic reserve units and in order to maintain necessary capa- 10 bility in foreign language skills and related abilities needed by 11 the National Security Agency, the Director may establish a 12 cryptologic linguist reserve. The cryptologic linguist reserve- 13 may consist of former oi retired civilian or military crypto- 14 logic personnel of the National Security Agency and of other 15 qualified individuals, as determined by the Director of the 16 . Agency. Each member of the cryptologic linguist reserve 17 shall agree that, during any period of emergency (as deter- 18 mined by the Director), the member shall return to active 19 civilian status with the National Security Agency and shall 20 perform such linguistic or linguistic-related duties as the Di- 21 rector may assign. 22. "(2) ::In order to attract individuals to become members 23 of the cryptologic, linguist reserve, the Director, without 24 regard to subchapter IV of chapter 55 of title 5, United is 40 25 States Code, may provide special monetary incentives to in- Approved, For Release 2007/03/03: CIA-RDP89MOO61 OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61 OR0001 00010012-2 13 1 dividuals eligible to become members of the reserve who 2 agree to become members of the cryptologic linguist reserve 3 and to acquire or retain proficiency in foreign languages or 4 special related abilities. 5 "(3) In order to provide training and support for mem- 6 bers of the cryptologic linguist reserve, the Director- 7 "(A) may pay. all or part of the tuition and other 8 expenses related to the training of individuals in the 9 cryptologic linguist reserve who are assigned or de- 10 tailed for language and language-related training, ori- 11 entation, - or instruction; and 12 "(B) may pay benefits and allowances in accord- 13 ance with chapters 57 and 59 of title 5, United States 14 Code, to individuals in the cryptologic linguist reserve 15 who are assigned 'to training at sites away from their 16 homes or regular places of business. 17 "(d)(1) The Director, before providing training under 18 this section to any individual, may obtain an agreement with 19 that individual that- 20 "(A) in the case of current employees, pertains to 21 continuation-of service of the employee, and repayment 22 of the expenses of such training for failure to fulfill the ? 23 agreement, consistent with the provisions of section 24 4108 of title 5, United States Code; and Approved For Release 2007/03103.': CIA-RDP89M00610R000100010012 14 1 "(B) in the case of individuals accepted for mem- 2 bership in the cryptologic linguist reserve, pertains to 3 return to service when requested, and repayment of the 4 expenses of such training for failure to fulfill the agree- 5 went, consistent with the provisions of section 4108 of 6 title 5, United States Code. 7 "(2) The Director, under regulations prescribed under .8 this section, may waive, in whole or in part, a right of recov- 9 ery under an agreement made under this subsection if it is 10 shown that the recovery would be against equity and good 11 conscience or against the public interest. 12 "(e)(1) Subject to paragraph (2), the Director may pro-. 13 vide to family members of military and civilian cryptologic 14 personnel assigned overseas to representational duties, in an- .15 ticipation of the assignment of such personnel abroad or 16 while abroad, appropriate orientation and language training. 17 "(2) Language- training under paragraph (1) may not be 18 provided to any individual through payment of the expenses 19 of tuition or other cost of instruction at a non-Government 20 educational institution unless appropriate instruction is not 21 available at a Government facility in the United States or, if 22 such individual is already abroad, unless such- instruction is 23 directly related to the assignment abroad. 24 "(f) The Director may waive the applicability of any 25 provision of chapter 41 of title 5, United States Code, to any Approved For Release 2007/03/03: CIA-RDP89M00610R000100010012-2:. -. 0 Approved For Release 2007/03/03: CIA-RDP89M00610R0001000100~12-2 10 15 1 provision of this section if he finds that such waiver is impor- t tant to the performance of cryptologic functions. 3 "(g) The authority of the Director to enter into con- 4 tracts or to make grants under this section is effective for any 5 fiscal year only to the extent specifically provided in appro- 6 priation Acts. 7 "(h) Regulations issued pursuant to this section (and 8 any changes to such regulations) shall be submitted to the 9 Permanent Select Committee on Intelligence of the House of 10 Representatives and the Select Committee on Intelligence of 11 the Senate before such regulations (or such changes) take 12 effect."; and 13 (2) by striking out "SEC. 10." before "The Direc- 14 tor" and inserting in lieu thereof "(i)". 15 CRYPTOLOGIC RESEARCH GRANTS 16 SEC. 504. The National Security Agency Act of 1959 is 17 amended by adding at the end thereof. the following new 18 section: 19 "SEC. 12. (a) The Director of the National Security 20 Agency may make, grants to private individuals and institu- 21 tions for the conduct of cryptologic research. An application 22 for a grant under this section may not be approved unless the 23 Director determines that the award of the grant would be 24 clearly consistent with the national security. roved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89M0061OR000100010012-2 - 16 1 "(b) The grant program established by subection (a) 2 shall be conducted in accordance with the Federal Grant and 3 Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) 4 to the extent that such Act is consistent with and in accord.- 5 ance with section 6 of this Act. 6 "(c) The authority of the Director to make grants under 7 this section is effective for any fiscal year only to the extent 8 specifically provided in appropriation Acts.". 9 AVAILABILITY OF APPROPRIATIONS FOR CERTAIN 10 CRYPTOLOGIC PROCUREMENT 11 SEC. 505. The National Security Agency Act of 1959 is 12 amended by adding after section 12 (as added by section 505) 13 the following new section: 14 "SEC. 13. Funds appropriated to any entity of the Fed- 15 eral Government other than an element of the Department of 16 Defense that have been specifically appropriated for the pur- 17 chase of cryptologic equipment, materials, or services with 18 respect to which the National Security Agency has been des- 19 ignated as the central source of procurement for the Govern- 20 ment shall remain available for a period of three fiscal 21 years.". 22 INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW 23 SEC. 506. Appropriations authorized by this Act for 24 salary, pay, retirement, and other benefits for Federal em- 25 ployees may be increased by such additional or supplemental. Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 or ? Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 17 1 amounts as may be necessary for increases in such benefits 2 authorized by law. 3 EFFECTIVE DATE 4 SEC. 507. The amendments made by this title shall take 5 effect on October 1, 1981. 0 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 97TH CONGRESS H ? R. 3454 1ST SESSION To authorize appropriations for fiscal year 1982 for the intelligence and intelli- gence-related activities of the United States Government, for the Intelligence Community Staff, and for the Central Intelligence Agency Retirement and Disability System, to authorize supplemental appropriations for fiscal year 1981 for the intelligence and intelligence-related activities of the United States Government, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 6, 1981 Mr. BOLAND introduced the following bill; which was referred to the Permanent Select Committee on Intelligence A BILL To authorize appropriations for fiscal year 1982 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 System, to authorize supplemental appropriations for fiscal year 1981 for the intelligence and intelligence-related activi- ties of the United States Government, and for other pur- poses. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 2 1 That this Act may be cited as the "Intelligence Authoriza- 2 tion Act for Fiscal Year 1982". 3 TITLE I-INTELLIGENCE ACTIVITIES 4 AUTHORIZATION OF APPROPRIATIONS 5 SEC. 101. Funds are hereby authorized to be appropri- 6 ated for fiscal year 1982 for the conduct of the intelligence 7 and intelligence-related activities of the following agencies of 8 the United States Government: 9 (1) The Central Intelligence Agency. 10 (2) The Department of Defense. 11 (3) The Defense Intelligence Agency. 12 (4) The National Security Agency. 13 (5) The Department of the Army, the Department 14 of the Navy, and the Department of the Air Force. 15 (6) The Department of State. 16 (7) The Department of the Treasury. 17 (8) The Department of Energy. 18 (9) The Federal Bureau of Investigation. 19 (10) The Drug Enforcement Administration. 20 CLASSIFIED SCHEDULE OF AUTHORIZATIONS 21 SEC. 102. The amounts authorized to be appropriated 22 under section 101, and the authorized personnel ceilings as of 23 September 30, 1982, for the conduct of the intelligence and 24 intelligence-related activities of the agencies listed in such 25 section, are those specified in the classified Schedule: of Au- Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 3 1 thorizations prepared by the Permanent Select Committee on 2 Intelligence of the House of Representatives to accompany 3 H.R. 3454 of the Ninety-seventh Congress. That Schedule of 4 Authorizations shall be made available to the Committees on 5 Appropriations of the Senate and House of Representatives 6 and to the President. The President shall provide for suitable 7 distribution of the Schedule, or of appropriate portions of the 8 Schedule, within the executive branch. 9 CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN 10 EXCESS OF PROGRAM AUTHORIZATIONS 11 SEC. 103. During fiscal year 1982, funds may not be 12 obligated or expended for any program for which funds are 13 authorized to be appropriated by section 101 in an amount in 14 excess of the amount specified for that program in the classi- 15 fied Schedule of Authorizations described in section 102 16 unless the Director of Central Intelligence or the Secretary 17 of Defense notifies the appropriate committees of Congress of 18 the intent to make such obligation or expenditure not less 19 than fifteen days before such obligation or expenditure is 20 made. 21 RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES 22 SEC. 104. Nothing contained in this Act shall be 23 deemed to constitute authority for the conduct of any intelli- 24 gence activity which is not otherwise authorized by the Con- 25 stitution or laws of the United States. Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 4 1 AUTHORIZATION OF APPROPRIATIONS FOR COUNTER- 2 TERRORISM ACTIVITIES OF THE FEDERAL BUREAU 3 OF INVESTIGATION 4 SEC. 105. In addition to the amounts authorized to be 5 appropriated under section 101(9), there is authorized to be 6 appropriated for fiscal year 1982 the sum of $11,900,000 for 7 the conduct of the activities of the Federal Bureau of Investi- 8. gation to counter terrorism in the United States. 9 TITLE II=INTELLIGENCE COMMUNITY STAFF 10 AUTHORIZATION OF APPROPRIATIONS 11 SEC. 201. There is authorized to be appropriated for the 12 Intelligence Community Staff for fiscal year 1982 the sum of 13 $13,600,000. 14 AUTHORIZATION OF PERSONNEL END-STRENGTH 15 SEC. 202. (a) The Intelligence Community Staff is au- 16 thorized two hundred and twenty full-time personnel as of 17 September 30, 1982. Such personnel may be permanent em- 18 ployees of the Intelligence Community Staff or personnel de- 19 tailed from other elements of the United States Government. 20 (b) During fiscal year 1982, personnel of the Intelli- 21 gence Community Staff shall be selected so as to provide 22 appropriate representation from elements of the United 23 States Government engaged in intelligence and intelligence- 24 related activities. H.R. 3454-ih Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 5 1 (c) During fiscal year 1982, any officer or employee of 2 the United States or member of the Armed Forces who is 3 detailed to the Intelligence Community Staff from another 4 element of the United States Government shall be detailed on 5 a reimbursable basis, except that any such officer, employee, 6 or member may be detailed on a nonreimbursable basis for a 7 period of less than one year for the performance of temporary 8 functions as required by the Director of Central Intelligence. 9 INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN 10 SAME MANNER AS CENTRAL INTELLIGENCY AGENCY 11 SEC. 203. During fiscal year 1982, activities and per- 12 sonnel of the Intelligence Community Staff shall be subject to 13 the provisions of the National Security Act of 1947 (50 14 U.S.C. 401 et seq.) and the Central Intelligence Agency Act 15 of 1949 (50 U.S.C. 403a-403j) in the same manner as activi- 16 ties and personnel of the Central Intelligence Agency. 17 TITLE III-CENTRAL INTELLIGENCE AGENCY 18 RETIREMENT AND DISABILITY SYSTEM 19 AUTHORIZATION OF APPROPRIATIONS 20 SEC. 301. There is authorized to be appropriated for the 21 Central Intelligence Agency Retirement and Disability Fund 22 for fiscal year 1982 the sum of $84,600,000. H.R. 3454-ih Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 6 1 TITLE IV-SUPPLEMENTAL AUTHORIZATION 2 FOR FISCAL YEAR 1981 3 AUTHORIZATION OF APPROPRIATIONS 4 SEC. 401. In addition to the funds authorized to be ap- 5 propriated under title I of the Intelligence Authorization Act 6 for Fiscal Year 1981 (Public Law 96-450; 94 Stat. 1975), 7 funds are hereby authorized to be appropriated for fiscal year 8 1981 for the conduct of the intelligence and intelligence- 9 related activities of the United States Government. The 10 amounts authorized to be appropriated under the preceding 11 sentence are those specified for that purpose in the classified 12 Schedule of Authorizations described in section 102. 13 TITLE V-GENERAL PROVISIONS 14 INTELLIGENCE ADVISORY COMMITTEES 15 SEC. 501. (a) Subsection (a) of section 303 of the Na- 16 tional Security Act of 1947 (50 U.S.C. 405) is amended by 17 striking out "at a rate not to exceed $50 for each day of 18 service" in the last sentence and inserting in lieu thereof the 19 following: "at a daily rate not to exceed the daily equivalent 20 of the rate of pay in effect for grade GS-18 of the General 21 Schedule established by section 5332 of title 5, United States 22 Code". 23 (b) Subsection (b) of such section is amended by striking 24 out "section 281, 283, or 284 of title 18" and inserting in 25 lieu thereof "section 203, 205, or 207 of title 18". H R3454-ih Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 7 1 ALLOWANCES AND BENEFITS FOR INTELLIGENCE 2 PERSONNEL 3 SEC. 502. (a) Section 4 of the Central Intelligence 4 Agency Act of 1949 (50 U.S.C. 403e) is amended- 5 (1) by inserting "(a)" before "Under such regula- 6 tions"; and 7 (2) by adding at the end thereof the following new 8 subsection: 9 "(b)(1) The Director may pay to officers and employees 10 of the Agency, and to persons detailed or assigned to the 11 Agency from other agencies of the Government or from the 12 Armed Forces, allowances and benefits comparable to the 13 allowances and benefits authorized to be paid to members of 14 the Foreign Service under chapter 9 of title I of the Foreign 15 Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other 16 provision of law. 17 "(2) The Director may pay allowances and benefits re- 18 lated to officially authorized travel, personnel and physical 19 security activities, operational activities, and cover-related 20 activities (whether or not such allowances and benefits are 21 otherwise authorized under this section or any other provi- 22 sion of law) when payment of such allowances and benefits is 23 necessary to meet the special requirements of work related to 24 such activities. Payment of allowances and benefits under 25 this paragraph shall be in accordance with regulations pre- Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89M0061OR000100010012.-2 8 1 scribed by the Director. Rates for allowances and benefits 2 under this paragraph may not be set at rates in excess of 3 those authorized by section 5724 and 5724a of title 5, United 4 States Code, when reimbursement is provided for relocation 5 attributable, in whole or in part, to relocation within the 6 United States. 7. "(3) Notwithstanding any other provision of this section 8 or any other provision of law relating to the officially author- 9 ized travel of Government employees, the Director, in order 10 to reflect Agency requirements not taken into account in the 11 formulation of Government-wide travel procedures, may by 12 regulation authorize the travel of officers and employees of 13 the Agency, and of persons detailed or assigned to the 14 Agency from other agencies of the Government or from the 15 Armed Forces who are engaged in the performance of intelli- 16 gence functions, and may provide for payment for such 17 travel, in cases in which, in the opinion of the Director, such 18 travel is important to the performance of intelligence 19 functions. 20 "(4) Members of the Armed Forces may not receive 21 benefits under both this section and title 37, United States 22 Code, for the same purpose. The Director and Secretary of 23 Defense shall prescribe joint. regulations to carry out the pre- 24 ceding sentence. H.R. 3454-ih Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 9 1 "(5) Regulations issued pursuant to this subsection (and 2 any changes to such regulations) shall be submitted to the 3 Permanent Select Committee on Intelligence of the House of 4 Representatives and the Select Committee on Intelligence of 5 the Senate before such regulations (or such changes) take 6 effect.". 7 (b)(1) Subsection (b)(1) of section 9 of the National Secu- 8 rity Agency Act of 1959 (50 U.S.C. 402 note) is amended to 9 read as follows: 10 "(1) allowances and benefits- 11 "(A) comparable to those provided by the 12 Secretary of State to members of the Foreign 13 Service under chapter 9 of title I of the Foreign 14 Service Act of 1980 (22 U.S.C. 4081 et seq.) or 15 any other provision of law; and 16 "(B) in the case of selected personnel serving 17 in circumstances similar to those in which person- 18 nel of the Central Intelligence Agency serve, 19 comparable to those provided by the Director of 20 Central Intelligence to personnel of the Central 21 Intelligence Agency; and". 22 (2) Such section is further amended by adding at the end 23 thereof the following new subsections: 24 "(d) Members of the Armed Forces may not receive 25 benefits under both subsection (b)(1) and title 37, United H.R. 3454-ih--2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89M0061OR000100010012-2 10 1 States Code, for the, same purpose. The Secretary of Defense 2 shall prescribe such regulations as may be necessary to carry 3 out this subsection. 4 "(e) Regulations issued pursuant to subsection (b)(1) 5 (and any changes to such regulations) shall be submitted to 6 the Permanent Select Committee on Intelligence of the 7 House of Representatives and the Select Committee on In- 8 telligence of the Senate before such regulations (or such 9 changes) take effect.". 10 LANGUAGE TRAINING AND CRYPTOLOGIC LINGUIST 11 RESERVE PROGRAMS 12 SEC. 503. The National Security Agency Act of 1959 13 (501 J.S.C. 402 note) is amended- 14 (1) by inserting after section 9 the following: 15 "SEC. 10. (a) The Director of the National Security 16 Agency shall arrange for, and shall prescribe regulations con- 17 cerning, language and language-related training programs for 18 military and civilian cryptologic personnel. In establishing 19 programs under this section for language and language- 20 related training, the Director- 21 "(1) may provide for the training and instruction 22 to be furnished, including functional and geographic 23 area specializations; 24 "(2) may arrange for training and instruction 25 through other Government agencies and, in any case in Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 11 1 which appropriate training or instruction is unavailable 2 through Government facilities, through nongovernmen- 3 tal facilities that furnish training and instruction useful 4 in the fields of language and foreign affairs; 5 "(3) may support programs that furnish necessary 6 language and language-related skills, including, in any 7 case in which appropriate programs are unavailable at 8 Government facilities, support through contracts, 9 grants, or cooperation with nongovernmental educa- 10 tional institutions; and 11 "(4) may obtain by appointment or contract the 12 services of individuals to serve as language instructors, 13 linguists, or special language project personnel. 14 "(b)(1) In order to maintain necessary capability in for- 15 eign language skills and related abilities needed by the Na- 16 tional Security Agency, the Director, without regard to sub- 17 chapter IV of chapter 55 of title 5, United States Code, may 18 provide special monetary or other incentives to encourage 19 civilian cryptologic personnel of the Agency to acquire or 20 retain proficiency in foreign languages or special related 21 abilities needed by the Agency. 22 "(2) In order to provide linguistic training and support 23 for civilian cryptologic personnel, the Director- 24 "(A) may pay all or part of the tuition and other 25 expenses related to the training of personnel who are Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89M0061OR000100010012. 2 12 1 assigned or detailed for language and language-related 2 training, orientation, or instruction; and 3 "(B) may pay benefits and allowances in accord- 4 ance with chapters 57 and 59 of title 5, United States 5 Code, to such personnel who are assigned to training 6 at sites away from their designated duty station. 7 "(c)(1) To the extent not inconsistent, in the opinion of 8 the Secretary of Defense, with the operation of military cryp- 9 tologic reserve units and in order to maintain necessary capa- 10 bility in foreign language skills and related abilities needed by 11 the National Security Agency, the Director may establish a 12 cryptologic linguist reserve. The cryptologic linguist reserve 13 may consist of former or retired civilian or military crypto- 14 logic personnel of the National Security Agency and of other 15 qualified individuals, -as determined by the Director of the 16 Agency. Each member of the cryptologic linguist reserve 17 shall agree that, during any period of emergency (as deter- 18 mined by the Director), the member shall return to active 19 civilian status with the National Security Agency and shall 20 perform such linguistic or linguistic-related duties as the Di- 21 rector may assign. 22 "(2) In order to attract individuals to become members 23 of the cryptologic linguist reserve, the Director, without 24 regard to subchapter IV of chapter 55 of title 5, United 25 States Code, may provide special monetary incentives. to in- H.R. 3454-ih Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 13 1 dividuals eligible to become members of the reserve who 2 agree to become members of the cryptologic linguist reserve 3 and to acquire or retain proficiency in foreign languages or 4 special related abilities. 5 "(3) In order to provide training and support for mem- 6 bers of the cryptologic linguist reserve, the Director- 7 "(A) may pay all or part of the tuition and other 8 expenses related to the training of individuals in the 9 cryptologic linguist reserve who are assigned or de- 10 tailed for language and language-related training, ori- 11 entation, or instruction; and 12 "(B) may pay benefits and allowances in accord- 13 ance with chapters 57 and 59 of title 5, United States 14 Code, to individuals in the cryptologic linguist reserve 15 who are assigned to training at sites away from their 16 homes or regular places of business. 17 "(d)(1) The Director, before providing training under 18 this section to any individual, may obtain an agreement with 19 that individual that- 20 "(A) in the case of current employees, pertains to 21 continuation of service of the employee, and repayment 22 of the expenses of such training for failure to fulfill the 23 agreement, consistent with the provisions of section 24 4108 of title 5, United States Code; and Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89M00610R000100010012, 2 14 1 "(B) in the case of individuals accepted for mem- 2 bership in the cryptologic linguist reserve, pertains to 3 return to service when requested, and repayment of the 4 expenses of such training for failure to fulfill the agree- 5 ment, consistent with the provisions of section 4108 of 6 title 5, United States Code. 7 "(2) The Director, under regulations prescribed under 8 this section, may waive, in whole or in part, a right of recov- 9 ery under an agreement made under this subsection if it is 10 shown that the recovery would be against equity and good 11 conscience or against the public interest. 12 "(e)(1) Subject to paragraph (2), the Director may pro- 13 vide to family members of military and civilian cryptologic 14 personnel assigned overseas to representational duties, in an- 15 ticipation of the assignment of such personnel abroad or 16 while abroad, appropriate orientation and language training. 17 "(2) Language training under paragraph (1) may not be 18 provided to any individual through payment of the expenses 19 of tuition or other cost of instruction at a non-Government 20 educational institution unless appropriate instruction is not 21 available at a Government facility in the United States or, if 22 such individual is already abroad, unless such instruction is 23 directly related to the assignment abroad. 24 "(f) The Director may waive the applicability of any 25 provision of chapter 41 of title 5, United States Code, to any H.R. 3454-ih Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 15 1 provision of this section if he finds that such waiver is impor- 2 tant to the performance of cryptologic functions. 3 "(g) The authority of the Director to enter into con- 4 tracts or to make grants under this section is effective for any 5 fiscal year only to the extent specifically provided in appro- 6 priation Acts. 7 "(h) Regulations issued pursuant to this section (and 8 any changes to such regulations) shall be submitted to the 9 Permanent Select Committee on Intelligence of the House of 10 Representatives and the Select Committee on Intelligence of 11 the Senate before such regulations (or such changes) take 12 effect."; and 13 (2) by striking out "SEC. 10." before "The Direc- 14 tor" and inserting in lieu thereof "(i)". 15 CRYPTOLOGIC RESEARCH GRANTS 16 SEC. 504. The National Security Agency Act of 1959 is 17 amended by adding at the end thereof the following new 18 section: 19 "SEC. 12. (a) The Director of the National Security 20 Agency may make grants to private individuals and institu- 21 tions for the conduct of cryptologic research. An application 22 for a grant under this section may not be approved unless the 23 Director determines that the award of the grant would be 24 clearly consistent with the national security. Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 16 1 "(b) The grant program established by subection (a) 2 shall be conducted in accordance with the Federal Grant and 3 Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) 4 to the extent that such Act is consistent with and in accord- 5 ance with section 6 of this Act. 6 "(c) The authority of the Director to make grants under 7 this section is effective for any fiscal year only to the extent 8 specifically provided in appropriation Acts.". 9 AVAILABILITY OF APPROPRIATIONS FOR CERTAIN 10 CRYPTOLOGIC PROCUREMENT 11 SEC. 505. The National Security Agency Act of 1959 is 12 amended by adding after section 12 (as added by section 505) 13 the following new section: 14 "SEC. 13. Funds appropriated to any entity of the Fed- 15 eral Government other than an element of the Department of 16 Defense that have been specifically appropriated for the pur- 17 chase of cryptologic equipment, materials, or services with 18 respect to which the National Security Agency has been des- 19 ignated as the central source of procurement for the Govern- 20 ment shall remain available for a period of three fiscal 21 years.". 22 INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW 23 SEC. 506. Appropriations authorized by this Act for 24 salary, pay, retirement, and other benefits for Federal em- 25 ployees may be increased by such additional or supplemental H.R. 3454-ih Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2 17 1 amounts as may be necessary for increases in such benefits 2 authorized by law. 3 EFFECTIVE DATE 4 SEC. 507. The amendments made by this title shall take 5 effect on October 1, 1981. 0 Approved For Release 2007/03/03: CIA-RDP89MOO61OR000100010012-2