H.R. 3454
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP89M00610R000100010013-1
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
19
Document Creation Date:
December 20, 2016
Document Release Date:
March 2, 2007
Sequence Number:
13
Case Number:
Publication Date:
May 6, 1981
Content Type:
REGULATION
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its,
Union Calendar No. 97
97TH CONGRESS He R. 3454
1ST SESSION
[Report No. 97-101, Parts I and II]
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
year
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
MAY 19, 1981
Reported and referred to the Committee on Armed Services for a period ending
not later than June 12, 1981, for consideration of such provisions of said bill
as fall within the jurisdiction of that committee under clause 1(c), rule X
JUNE 12, 1981
Committed to the Committee of the Whole House on the State of the Union and
ordered to be printed
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
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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,
3 That this Act may be cited as the "Intelligence Authoriza-
4 tion Act for Fiscal Year 1982".
5 TITLE I-INTELLIGENCE ACTIVITIES
6 AUTHORIZATION OF APPROPRIATIONS
7 SEC. 101. Funds are hereby authorized to be appropri-
8 ated for fiscal year 1982 for the conduct of the intelligence
9 and intelligence-related activities of the following agencies of
10 the United States Government:
11 (1) The Central Intelligence Agency.
12 (2) The Department of Defense.
13 (3) The Defense Intelligence Agency.
14 (4) The National Security Agency.
15 (5) The Department of the Army, the Department
16 of the Navy, and the Department of the Air Force.
17 (6) The Department of State.
18 (7) The Department of the Treasury.
19 (8) The Department of Energy.
20 (9) The Federal Bureau of Investigation.
21 (10) The Drug Enforcement Administration.
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1 CLASSIFIED SCHEDULE OF AUTHORIZATIONS
2 SEC. 102. The amounts authorized to be appropriated
3 under section 101, and the authorized personnel ceilings as of
4 September 30, 1982, for the conduct of the intelligence and
5 intelligence-related activities of the agencies listed in such
6 section, are those specified in the classified Schedule of Au-
7 thorizations prepared by the Permanent Select Committee on
8 Intelligence of the House of Representatives to accompany
9 H.R. 3454 of the Ninety-seventh Congress. That Schedule of
10 Authorizations shall be made available to the Committees on
11 Appropriations of the Senate and House of Representatives
12 and to the President. The President shall provide for suitable
13 distribution of the Schedule, or of appropriate portions of the
14 Schedule, within the executive branch.
15 CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN
16 EXCESS OF PROGRAM AUTHORIZATIONS
17 SEC. 103. During fiscal year 1982, funds may not be
18 obligated or expended for any program for which funds are
19 authorized to be appropriated by section 101 in an amount in
20 excess of the amount specified for that program in the classi-
21 fied Schedule of Authorizations described in section 102
22 unless the Director of Central Intelligence or the Secretary
23 of Defense notifies the appropriate committees of Congress of
24 the intent to make such obligation or expenditure not less
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1 than fifteen days before such obligation or expenditure is
2 made.
3 RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES
4 SEC. 104. Nothing contained in this Act shall be
5 deemed to constitute authority for the conduct of any intelli-
6 gence activity which is not otherwise authorized by the Con-
7 stitution or laws of the United States.
8 AUTHORIZATION OF APPROPRIATIONS FOR COUNTER-
9 TERRORISM ACTIVITIES OF THE FEDERAL BUREAU
10 OF INVESTIGATION
11 SEC. 105. In addition to the amounts authorized to be
12 appropriated under section 101(9), there is authorized to be
13 appropriated for fiscal year 1982 the sum of $11,900,000 for
14 the conduct of the activities of the Federal Bureau of Investi-
15 gation to counter terrorism in the United States.
16 TITLE II-INTELLIGENCE COMMUNITY STAFF
17 AUTHORIZATION OF APPROPRIATIONS
18 SEC. 201. There is authorized to be appropriated for the
19 Intelligence Community Staff for fiscal year 1982 the sum of
20 $13,600,000.
21 AUTHORIZATION OF PERSONNEL END-STRENGTH
22 SEC. 202. (a) The Intelligence Community Staff is au-
23 thorized two hundred and twenty full-time personnel as of
24 September 30, 1982'. Such personnel may be permanent em-
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1 ployees of the Intelligence Community Staff or personnel de-
2 tailed from other elements of the United States Government.
3 (b) During fiscal year 1982, personnel of the Intelli-
4 gence Community Staff shall be selected so as to provide
5 appropriate representation from elements of the United
6 States Government engaged in intelligence and intelligence-
7 related activities.
8 (c) During fiscal year 1982, any officer or employee of
9 the United States or member of the Armed Forces who is
10 detailed to the Intelligence Community Staff from another
11 element of the United States Government shall be detailed on
12 a reimbursable basis, except that any such officer, employee,
13 or member may be detailed on a nonreimbursable basis for a
14 period of less than one year for the performance of temporary
15 functions as required by the Director of Central Intelligence.
16 INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN
17 SAME MANNER AS CENTRAL INTELLIGENCY AGENCY
18 SEC. 203. During fiscal year 1982, activities and per-
19 sonnel of the Intelligence Community Staff shall be subject to
20 the provisions of the National Security Act of 1947 (50
21 U.S.C. 401 et seq.) and the Central Intelligence Agency Act
22 of 1949 (50 U.S.C. 403a-403j) in the same manner as activi-
23 ties and personnel of the Central Intelligence Agency.
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1 TITLE III-CENTRAL INTELLIGENCE AGENCY
2 RETIREMENT AND DISABILITY SYSTEM
3 AUTHORIZATION OF APPROPRIATIONS
4 SEC. 301. There is authorized to be appropriated for the
5 Central Intelligence Agency Retirement and Disability Fund
6 for fiscal year 1982 the sum of $84,600,000.
7 TITLE TV-SUPPLEMENTAL AUTHORIZATION
8 FOR FISCAL YEAR 1981
9 AUTHORIZATION OF APPROPRIATIONS
10 SEC. 401. In addition to the funds authorized to be ap-
11 propriated under title I of the Intelligence Authorization Act
12 for Fiscal Year 1981 (Public Law 96-450; 94 Stat. 1975),
13 funds are hereby authorized to be appropriated for fiscal year
14 1981 for the conduct of the intelligence and intelligence-
15 related activities of the United States Government. The
16 amounts authorized to be appropriated under the preceding
17 sentence are those specified for that purpose in the classified
18 Schedule of Authorizations described in section 102.
19 TITLE V-GENERAL PROVISIONS
20 INTELLIGENCE ADVISORY COMMITTEES
21 SEC. 501. (a) Subsection (a) of section 303 of the Na-
22 tional Security Act of 1947 (50 U.S.C. 405) is amended by
23 striking out "at a rate not to exceed $50 for each day of
24 service" in the last sentence and inserting in lieu thereof the
25 following: "at a daily rate not to exceed the daily equivalent
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1 of the rate of pay in effect for grade GS-18 of the General
2 Schedule established by section 5332 of title 5, United States
3 Code".
4 (b) Subsection (b) of such section is amended by striking
5 out "section 281, 283, or 284 of Title 18" and inserting in
6 lieu thereof "section 203, 205, or 207 of title 18".
7 ALLOWANCES AND BENEFITS FOR INTELLIGENCE
8 PERSONNEL
9 SEC. 502. (a) Section 4 of the Central Intelligence
10 Agency Act of 1949 (50 U.S.C. 403e) is amended-
11 (1) by inserting "(a)" before "Under such regula-
12 tions"; and
13 (2) by adding at the end thereof the following new
14 subsection:
15 "(b)(1) The Director may pay to officers and employees
16 of the Agency, and to persons detailed or assigned to the
17 Agency from other agencies of the Government or from the
18 Armed Forces, allowances and benefits comparable to the
19 allowances and benefits authorized to be paid to members of
20 the Foreign Service under chapter 9 of title I of the Foreign
21 Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other
22 provision of law.
23 "(2) The Director may pay allowances and benefits re-
24 lated to officially authorized travel, personnel and physical
25 security activities, operational activities, and cover-related
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1 activities (whether or not such allowances and benefits are
2 otherwise authorized under this section or any other provi-
3 sion of law) when payment of such allowances and benefits is
4 necessary to meet the special requirements of work related to
5 such activities. Payment of allowances and benefits under
6 this paragraph shall be in accordance with regulations pre-
7 scribed by the Director. Rates for allowances and benefits
8 under this paragraph may not be set at rates in excess of
9 those authorized by section 5724 and 5724a of title 5, United
10 States Code, when reimbursement is provided for relocation
11 attributable, in whole or in part, to relocation within the
12 United States.
13 "(3) Notwithstanding any other provision of this section
14 or any other provision of law relating to the officially author-
15 ized travel of Government employees, the Director, in order
16 to reflect Agency requirements not taken into account in the
17 formulation of Government-wide travel procedures, may by
18 regulation authorize the travel of officers and employees of
19 the Agency, and of persons detailed or assigned to the
20 Agency from other agencies of the Government or from the
21 Armed Forces who are engaged in the performance of intelli-
22 gence functions, and may provide for payment for such
23 travel, in cases in which, in the opinion of the Director, such
24 travel is important to the performance of intelligence
2.5 functions.
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1 "(4) Members of the Armed Forces may not receive
2 benefits under both this section and title 37, United States
3 Code, for the same purpose. The Director and Secretary of
4 Defense shall prescribe joint regulations to carry out the pre-
5 ceding sentence.
6 "(5) Regulations issued pursuant to this subsection (and
7 any changes to such regulations) shall be submitted to the
8 Permanent Select Committee on Intelligence of the House of
9 Representatives and the Select Committee on Intelligence of
10 the Senate before such regulations (or such changes) take
11 effect.".
12 (b)(1) Subsection (b)(1) of section 9 of the National Secu-
13 rity Agency Act of 1959 (50 U.S.C. 402 note) is amended to
14 read as follows:
15 "(1) allowances and benefits-
16 "(A) comparable to those provided by the
17 Secretary of State to members of the Foreign
18 Service under chapter 9 of title I of the Foreign
19 Service Act of 1980 (22 U.S.C. 4081 et seq.) or
20 any other provision of law; and
21 "(B) in the case of selected personnel serving
22 in circumstances similar to those in which person-
23 nel of the Central Intelligence Agency serve,
24 comparable to those provided by the Director of
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1 Central Intelligence to personnel of the Central
2 Intelligence Agency; and".
3 (2) Such section is further amended by adding at the end
4 thereof the following new subsections:
5 "(d) Members of the Armed Forces may not receive
6 benefits under both subsection (b)(1) and title 37, United
7 States Code, for the same purpose. The Secretary of Defense
8 shall prescribe such regulations as may be necessary to carry
9 out this subsection.
10 "(e) Regulations issued pursuant to subsection (b)(1)
11 (and any changes to such regulations) shall be submitted to
12 the Permanent Select Committee on Intelligence of the
13 House of Representatives and the Select Committee on In-
14 telligence of the Senate before such regulations (or such
15 changes) take effect.".
16' LANGUAGE TRAINING AND CRYPTOLOGIC LINGUIST
17 RESERVE PROGRAMS
18 SEC. 503.. The National Security Agency Act of 1959
19 (50 U.S.C. 402 note) is amended-
20 (1) by inserting after section 9 the following:
21 "SEC. 10. (a) The Director of the National Security
22 Agency shall arrange for, and shall prescribe regulations con-
23 . cerning, language and language-related training programs for
24 military and civilian cryptologic personnel. In establishing
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1 programs under this section for language and language-
2 related training, the Director-
3 "(1) may provide for the training and instruction
4 to be furnished, including" functional and geographic
5 area specializations;
6 "(2) may arrange for training and instruction
7 through other Government agencies and, in any case in
8 which appropriate training or instruction is unavailable
9 through Government facilities, through nongovernmen-
10 tal facilities that furnish training and instruction useful
11 in the fields of language and foreign affairs;
12 "(3) may support programs that furnish necessary
13 language and language-related skills, including, in any
14 case in which appropriate programs are unavailable at
15 Government facilities, support through contracts,
16 grants, or cooperation with nongovernmental educa-
17 tional institutions; and
18 "(4) may obtain by appointment or contract the
19 services of individuals to serve as language instructors,
20 linguists, or special language project personnel.
21 "(b)(1) In order to maintain necessary capability in for-
22 eign language skills and related abilities needed by the Na-
23 tional Security Agency, the Director, without regard to sub-
24 chapter IV of chapter 55 of title 5, United States Code, may
25 provide special monetary or other incentives to encourage
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1 civilian cryptologic personnel of the Agency to acquire or
2 retain proficiency in foreign languages or special related
3 abilities needed by the Agency.
4 "(2) In order to provide linguistic training and support
5 for civilian cryptologic personnel, the Director-
6 "(A) may pay all or part of the tuition and other
7 expenses related to the training of personnel who are
8 assigned or detailed for language and language-related
9 training, orientation, or instruction; and
10 "(B) may pay benefits and allowances in accord-
11 ance with chapters 57 and 59 of title 5, United States
12 Code, to such personnel who are assigned to training
13 at sites away from their designated duty station.
14 "(c)(1) To the extent not inconsistent, in the opinion of
15 the Secretary of Defense, with the operation of military cryp-
16 tologic reserve units and in order to maintain necessary capa-
17 bility in foreign language skills and related abilities needed by
18 the National Security Agency, the Director may establish a
19 cryptologic linguist reserve. The cryptologic linguist reserve
20 may consist of former or retired civilian or military crypto-
21 logic personnel of the National Security Agency and of other
22 qualified individuals, as determined by the Director of the
23 Agency. Each member of the cryptologic linguist reserve
24, shall agree that, during any period of emergency (as deter-
25 mined by the Director),' the member shall return to active
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1 civilian status with the National Security Agency and shall
2 perform such linguistic or linguistic-related duties as the Di-
3 rector may assign.
4 "(2) In order to attract individuals to become members
5 of the cryptologic linguist reserve, the Director, without
6 regard to subchapter IV of chapter 55 of title 5, United
7 States Code, may provide special monetary incentives to in-
8 dividuals eligible to become members of the reserve who
9 agree to become members of the cryptologic linguist reserve
10 and to acquire or retain proficiency in foreign languages or
11 special related abilities.
12 "(3) In order to provide training and support for mem-
13 bers of the cryptologic linguist reserve, the Director-
14 "(A) may pay all or part of the tuition and other
15 expenses related to the training of individuals in the
16 cryptologic linguist reserve who are assigned or de-
17 tailed for language and language-related training, ori-
18 entation, or instruction; and
19 "(B) may pay benefits and allowances in accord-
20 ance with chapters 57 and 59 of title 5, United States
21 Code, to individuals in the cryptologic linguist reserve
22 who are assigned to training at sites away from their
23 homes or regular places of business.
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1 "(d)(1) The Director, before providing training under
2 this section to any individual, may obtain an agreement with
3 that individual that-
4 "(A) in the case of current employees, pertains to
5 continuation of service of the employee, and repayment
6 of the expenses of such training for failure to fulfill the
7 agreement, consistent with the provisions of section
8 4108 of title 5, United States Code; and
9 "(B) in the case of individuals accepted for mem-
10 bership in the cryptologic linguist reserve, pertains to
11 return to service when requested, and repayment of the
12 expenses of 'such training for failure to fulfill the agree-
13 ment, consistent with the provisions of section 4108 of
14 title 5, United States Code.
15 "(2) The Director, under regulations prescribed under
16 this section, may waive, in whole or in part, a right of recov-
17 ery under an agreement made under this subsection if it is
18 shown that the recovery would be against equity and good
19 conscience or against the public interest.
20 "(e)(1) Subject to paragraph (2), the Director may pro-
21 vide to family members of military and civilian cryptologic
22 personnel assigned overseas to representational duties, in an-
23 ticipation of the assignment of such personnel abroad or
24 while abroad, appropriate orientation and language training.
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1 "(2) Language training under paragraph (1) may not be
2 provided to any individual through payment of the expenses
3 of tuition or other cost of instruction at a non-Government
4 educational institution unless appropriate instruction is not
5 available at a Government facility in the United States or, if
6 such individual is already abroad, unless such instruction is
7 directly related to the assignment abroad.
8 "(f) The Director may waive the applicability of any
9 provision of chapter 41 of title 5, United States Code, to any
10 provision of this section if he finds that such waiver is impor-
11 tant to the performance of cryptologic functions.
12 "(g) The authority of the Director to enter into con-
13 tracts or to make grants under this section is effective for any
14 fiscal year only to the extent specifically provided in appro-
15 priation Acts.
16 "(h) Regulations issued pursuant to this section (and
17 any changes to such regulations) shall be submitted to the
18 Permanent Select Committee on Intelligence of the House of
19 Representatives and the Select Committee on Intelligence of
20 the Senate before such regulations (or such changes) take
21 effect."; and
22 (2) by striking out "SEC. 10." before "The Direc-
23 tor" and inserting in lieu thereof "(i)".
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1 CRYPTOLOGIC RESEARCH GRANTS
2 SEC. 504. The National Security Agency Act of 1959 is
3 amended by adding at the end thereof the following new
4 section:
5 "SEC. 12. (a) The Director of the National Security
6 Agency may make grants to private individuals and institu-
7 tions for the conduct of cryptologic research. An application
8 for a grant under this section may not be approved unless the
9 Director determines that the award of the grant would be
10 clearly consistent with the national security.
11 "(b) The grant program established by subection (a)
12 shall be conducted in accordance with the Federal Grant and
13 Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.)
14 to the extent that such Act is consistent with and in accord-
15 ance with section 6 of this Act.
16 "(c) The authority of the Director to make grants under
17 this section is effective for any fiscal year only to the extent
18 specifically provided in appropriation Acts.".
19 AVAILABILITY OF APPROPRIATIONS FOR CERTAIN
20 CRYPTOLOGIC PROCUREMENT
21 SEC. 505. The National Security Agency Act of 1959 is
22 amended by adding after section 12 (as added by section 505)
23 the following new section:
24 "SEC. 13. Funds appropriated to any entity of the Fed-
25 eral Government other than an element of the Department of
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1 Defense that have been specifically appropriated for the pur-
2 chase of cryptologic equipment, materials, or services with
3 respect to which the National Security Agency has been des-
4 ignated as the central source of procurement for the Govern-
5 ment shall remain available for a period of three fiscal
6 years.".
7 INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW
8 SEC. 506. Appropriations authorized by this Act for
9 salary, pay, retirement, and other benefits for Federal em-
10 ployees may be increased by such additional or supplemental
11 amounts as may be necessary for increases in such benefits
12 authorized by law.
13 EFFECTIVE DATE
14 SEC. 507. The amendments made by this title shall take
15 effect on October 1, 1981.
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