AUTHORIZING APPROPRIATIONS FOR FISCAL YEAR 1981 FOR INTELLIGENCE ACTIVITIES OF THE U.S. GOVERNMENT, THE INTELLIGENCE COMMUNITY STAFF, THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM (CIARDS), AND OTHER PURPOSES

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CIA-RDP89T00234R000300390013-9
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RIFPUB
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K
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5
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December 27, 2016
Document Release Date: 
January 29, 2013
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13
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Publication Date: 
April 23, 1980
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REPORT
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] Declassified and Approved For Release 2013/01/29: CIA-RDP89T00234R000300390013-9 . f~w?rv - a. .. ~+wai+?vvav+~L+L 1~+iW1%/./-Jaa9 S8819 shall be disbursed upon the order of the of such section. the Director of the National fens Intelligence School may, upon rec- Director. For purposes of Federal Income. Security Agency may waive the collection of ommensation by the faculty of such school, estate and gift taxes, all gifts, bequests, and such erroneous payment, except that not confer the degree of master of science of stra- ?devices accepted by the Director shall be more than a total of $50,000 in erroneous tegic Intelligence upon graduates of the deemed to be to or for the use of the United payments may be waived under this sub- school who have fulfilled the requirements States. section.". for that degree.". '(g) Grant such monetary or other relief (b) the amendment made by subsection (b) The table of chapters at the beginning as the Director in his sole and unreviewable (a) shall become effective October 1, 1980. of subtitle A and of part III of subtitle A of discretion deems appropriate whenever an Sac. 405. Section 3 of the Act of June 1. such title are each amended by adding at the employee or former employee of the Agency 1948 (40 U.S.C. 318), is amended by insert- end thereof the following: is found by the Director to have suffered ing "(a)" before "Upon" at the beginning "107. Granting of Advanced Degrees unjustified negative career development or of such section and by adding at the end of at Department of Defense an unjustified personnel or administrative such section the following new subsection: National Security Agency the Admlnlstra- tor of General Services may detail special policemen a pointed under the first section p , of this Act to provide protection for Instal- lations and grounds used by or under the control of the National Security Agency without regard to whether the United States has exclusive or concurrent criminal juris- diction over such installations and grounds. Special policemen detailed to protect such "Funds made available to the Department of Defense for Intelligence and communica- tions purposes may be used to pay expenses of arrangements with foreign countries for cryptologic support. Such funds may be ex- changed without regard to the prohibition contained in section 3651 of the Revised Statutes (31 U.S.C. 643).". (b) The table of sections at the beginning of chapter 4 of such title is amended by adding at the end thereof the following new Item: "140a. Foreign cryptologlc support.". SEc. 404. (a) The Act of May 29, 1959 (73 Stat. 63) Is amended by adding at the end thereof the following new sections: "SEc. 9. (a) Funds of the National Se- curity Agency may be used, with respect to a special' pecial limited class of its civilian and military personnel assigned outside the United States, to provide allowances and other benefits comparable to those au- thorized for officers and employees of the Foreign Service under clauses (1). (2), (7), (9), (10), and (11) of section 911 and sections 912, 914, 933. 941. 942, and 995 of the Foreign Service Act of 1946 (22 U.S.C. 1136 (1), (2), (7). (9), (10). and (11), 1137, 1238a, 1148, 1156, 1157, and 1160) ). ?'(b) Notwithstanding the provisions of section 322 of the Act of June 30, 1932 (40 U.S.C. 278s), section 2675 of title 10, United States Code, or section 5536 of title 5, United States Code, the Director of the National Security Agency may- "(1) rent or lease, for periods not exceed- ing ten years. such buildings and grounds outside the United States as may be neces- sary for the use of the National Security Agency; and "(2) use such buildings and grounds to furnish personnel of such agency with living quarters, heat. light, and household equip- ment, without cost to such personnel, when- ever the Director of the National Security Agency determines such action is In the public interest. The Director of the National Security Agen- cy may exercise the authority provided un- der this subsection only to the extent that funds have been appropriated for such pur- pose. "Sac. 10. (a) In addition to the benefits provided in subsection 4109(a) (2) (B) of title 5, United States Code, the Director of the National Security Agency may provide allowances and other benefits to personnel assigned to training overseas for one year or longer to the same extent and for the same purposes for which such allowances and other benefits are provided employees of an agency under chapter 57 of title 5, United States Code. "(b) In any case in which an employee of the National Security Agency received payment for training expenses under section 4109(a) (2) (B) of title 5. United States Code, before the date of enactment of this sub- section and such payment was subsequently determined to have been Improperly made as the result of an erroneous interpretation installations or buildings shall have the same powers as special policemen appointed under the first section of this Act. The Ad- ministrator of General Services may extend the applicability of any regulation issued under section 2 to installations and grounds described in the first sentence of this sub- section and to provide for the appropriate enforcement of such regulation. SEc. 406. (a) The Director of Central In- telligence and the Director of the National Security Agency are authorized to pay a gratuity to the surviving dependent or de- pendents of any officer or employee of their respective agencies who dies as a result of injuries (excluding disease) sustained out- side the United States. The amount of the gratuity in the case of any such officer or employee shall be an amount equal to one year's compensation at the rate such officer or employee was entitled to receive at the time of death. Such a payment shall be made only upon a determination of the Director of Central Intelligence In the case of an officer or employee of the Central Intelligence Agency, or of the Director of the National Security Agency, that the death of such of- ficer or employee (1) resulted from hostile or terrorist activities, or (2) occurred in connection with an intelligence activity hav- ing a substantial element bf risk. Any pay- ment made under this subsection shall be considered a gift and shall be in addition to any other benefit payable from any source. (b) A death gratuity payment made under subsection (a) shall be made to the person or persons within the following classes and In the order named: (1) To the widow or widower, if living. (2) If no widow or widower, to the child or children in equal shares, If living. (3) If no widow, widower, child or chil- dren, to the dependent parent or dependent parents in equal shares who last bore that relationship. If living. (c) As used in this section- (1) The terms "widow", "widower", "child", and "parent" shall have the same meaning given to such terms by sections 8101 of title b, United States Code. (2) The term "United States" means the several States and the District of Columbia. -?--....-~?? r. aaa svn +1'a"ELL1GL19CE AC- TrvrnES.-(a) No funds appropriated under the authority of this or any other Act may be expended by or on behalf of the Central Intelligence Agency for operations In foreign countries, other than activities Intended solely for obtaining necessary intelligence, unless and until the President finds that each such operation is important to the national security of the United States. Each such operation shall be considered a significant anticipated intelligence activity for the pur- poses of subsections (b) through (e) of this section. "(b) To the extent consistent with all ap- plicable authority and duties, Including those conferred by the Constitution upon the executive and legislative branches of the Government, and to the extent consistent with due regard for the protection from un- authorized disclosure of classified Informa- tion and information relating to Intelligence sources and methods, the Director of Central Intelligence and the heads of __ all depart- ments, agencies, and other entities of the United States Involved in intelligence ac- tivities shall- "(1) keep the Select Committee on Intel- ligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives (hereinafter In this section referred to as the 'Select Committees') fully and currently informed of all Intelligence activities which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States, including any signifi- cant anticipated Intelligence activity, except that (A) the foregoing provision shall not re- quire approval of the Select Committees as a condition precedent to the initiation of any such anticipated intelligence activity, and (B) If the President determines it is essential to limit prior notice to meet extraordinary circumstances affecting vital interests of the United States, such notice shall be limited to the chairman and ranking minority piem- bers of the Select Committee, the Speaker and minority leader of the House of Repre- sentatives, and the. majority and minority leaders of the Senate; "(2) furnish any information or material concerning intelligence activities which is in the possession, custody or control of any de- partment, agency, or entity of the United States and which Is requested by either of the Select Committees in order to carry out Its authorized responsibilities; and (d) The provisions of this section shall "(3) report in a timely fashion to the Se- apply with respect to deaths occuring after lect Committee any illegal intelligence actIv- June 30. 1974. ity or significant Intelligence failure and any SEc. 407. (a) Part III of subtitle A of title corrective action that has been taken or is 10. United States Code, is amended by adding planned to be taken In connection with such at the end thereof the following new chapter: Illegal activity or failure. "CHAPTER 107.-GRANTING OF AD- "(c) The President shall fully inform the VANCED DEGREES AT DEPARTMENT OF Select Committee in a timely fashion of in- DEFENSE SCHOOLS telligence operations In foreign countries "Sec other than activities intended solely for ob- "2151. Defense Intelligence School : degree. taining necessary intelligence, for which prior notice was not given under subsection (b) "I 2151. Defense Intelligence School: degree and shall provide a statement of the reasons "Under regulations prescribed by the See- for not giving prior notice. retary of Defense, the Commandant of the "(d) The President and the Select Commit- Declassified and Approved For Release 2013/01/29: CIA-RDP89T00234R000300390013-9 1 Declassified and Approved For Release 2013/01/29: CIA-RDP89TOO234ROO0300390013-9 UGMATU FILE No. 705 96TH CONGRESS Cegylftucalendar ATE 2d Seagion } REPOlrr NO. 96-659 AUTHORIZING APPROPRIATIONS FOR FISCAL YEAR 1981 FOR INTELLIGENCE ACTIVITIES OF THE U.S. GOVERNMENT, THE INTELLIGENCE COMMUNITY STAFF, THE CENTRAL INTELLIGENCE AGENCY RE- TIREMENT AND DISABILITY SYSTEM (CIARDS), AND FOR OTHER PURPOSES APRIL 23 (legislative day, JANUARY 3), 1980.-Ordered to be printed Mr. INOtryE (for Mr. BAYH) from the Select Committee on Intelligence, submitted the following REPORT [To accompany S. 2597] The Select Committee on Intelligence, having considered the ori- ginal bill (S. 2597) authorizing appropriations for fiscal year 1981 for intelligence activities of the U.S. Government., the Intelligence Community Staff, the Central Intelligence Agency Retirement and Disability System, and for other purposes, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE BILL This bill would for fiscal year 1981: (1) Authorize appropriations for (a) intelligence activities of the United States, (b) the Intelligence Community Staff, and (c) the CIA Retirement and Disability System; (2) Authorize the personnel and end-strengths for (a) the Central Intelligence Agency, and (b) the Intelligence Commu- nity Staff. OVERALL SUMMARY OF COMMITTEE ACTION (in millionsi Fiscal year Budget Committee recommended 1980 request recommends changes National intelligence----------------------------------- Intelligence community statt------------ $11.5 -------- 7 IARDS $18.7 5 51.6 55 55.. 3 55.3 Total -----?-------?------------- Declassified and Approved For Release 2013/01/29: CIA-RDP89TOO234ROO0300390013-9 Declassified and Approved For Release 2013/01/29: CIA-RDP89T00234R000300390013-9 erty on behalf of the Agency whenever he determines that it is in the interest of the United States to do so. Existing statutes do not permit the Central Intelligence Agency to accept such gifts. Subsection (g) of this section authorizes the Director of the Central Intelligence Agency to grant monetary or other relief whenever the Director determines that an employee`s or former employee's career has suffered due to unjustified personnel or administrative action. Existing statutes have been interpreted by the Comptroller General as not permitting the Director to grant such relief. Sec. 403. Foreign Cryptologic Support.-This amendment to chap- ter 4, title 10, United States Code, authorizes the Department of Defense to use funds authorized and appropriated to the Department to pay expenses of arrangements with foreign countries for cryptologic support. Prior to FY 1977 the Secretary of Defense used the Emergency and Extraordinary Expenditure authority of the Appropriations Act to cover such payments. In the FY 1977 Appropriations Act the Ap- propriations Committees removed these funds from the Emergency and Extraordinary Expenditure category and established a new cate- f or y of foreign cr~yptologic support. This was done because such funds ad been clearly identified and justified to the Appropriations Com- mittees in the budget process and were specifically described in classi- fied annexes to the Conuuittees' reports. The Senate and House Appropriations Committees recommended in FY 1977, and have continued to recommend, that permanent authoriz- ing language be sought for this category of appropriations. This amendment implements that congressional recommendation and pro- vides permanent authorization for the category of foreign cryptologic support. apter 4 of title 10 deals with the organization of the De art t p men of Defense. Section 140 authorizes emergency and extraordinary ex- penditures.'Two changes are made: (a) A new section is added, section 140a, Foreign Cryptologic Support to permanently authorize the Secretary of Defense to expend funds appropriated for intelligence and communications purposes for the purpose of cryptologic support. to foreign coun- tries. This section also contains a waiver of the provision of section 23 of the Act of June 3, 1864, as amended (13 Stat. 106, 31 U.S.C. 543) (National Bank Act), which restricts any disburs- ing office or agent of the U.S. Government from making payments to foreign states in other than U.S. currency. The waiver is identi- cal to that provided to the Department. of State and is required to permit the use of foreign currency to fund the conduct of these operations abroad. (b) The table of sections in chapter 4 is amended by adding a reference to the new section. Section 140a will not result in appropriations of additional funds above those already requested for FY 1981. This amendment only Provides authorization to obligate these funds and complies with the instructions of the two Appropriations Committees. An estimate of the five-year funding impact is being prepared by the Congressional Budget. Office. Appropriations data is also provided in the Committee's classified report. Declassified and Approved For Release 2013/01/29: CIA-RDP89T00234R000300390013-9 T hay gra also sa r}- S cont eren thor the men assi trai h fi tl sc p D bE M tlh Pt ar pr In it Nation Declassified and Approved For Release 2013/01/29: CIA-RDP89T00234R000300390013-9 4P ? 96TH CONGRESS HOUSE OF REPRESENTATIVES No. REPORT 2d Session INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1981 SEPTEMBER 19, 1980.-Ordered to be printed Mr. BOLAND, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany S. 2597] The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 2597) to au- thorize appropriations for fiscal year 1981 for intelligence activities of the U.S. Government, the Intelligence Community Staff, the Central Intelligence Agency Retirement and Disability System, an$ for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its disagreement to the amendment of the House to the text of the bill and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the House amendment insert the following: That this Act may be cited as the "Intelligence Authorization Act for Fiscal Year 1981 ". TITLE I-INTELLIGENCE ACTIVITIES AUTHORIZATION OF APPROPRIATIONS SEC. 101. Funds are hereby authorized to be appropriated for fiscal year, 1981 for the conduct of the intelligence and intelligence- related activities of the following agencies of the United States Gov- ernment: (1) The Central Intelligence Agency. (2) The Department of Defense. Declassified and Approved For Release 2013/01/29: CIA-RDP89T00234R000300390013-9 Declassified and Approved For Release 2013/01/29: CIA-RDP89T00234R000300390013-9 of the Central Intelligence Agency Act and new section 1489(bX2) of title 10, United States Code, is to make clear that when an individ- ual's surviving dependents would, but for the language of these provisions, be eligible for two such lump-sum payments from the Federal Government, that the payment authorized by sections 11(a) or 1489(a) respectively would supersede the other payment if the payment under section 11(a) or 1489(a) is larger, and that it would be the exclusive payment of a lump-sum death gratuity unrelated to Federal retirement, health insurance or other survivor benefits. SPECIAL PROVISIONS RELATING TO THE WELFARE OF PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY (SEC. 404) The Senate bill (Sec. 402) contained a provision authorizing the Director of Central Intelligence to accept gifts, bequests, and prop- erty on behalf of the Agency whenever he determines that it is in the interest of the United States to do so. The House amendment contained no similar provision. The conferees agreed to the Senate provision with minor changes. The conferees agreed further to request periodic reports to the intelligence committees concerning the operation of this section. The Senate bill (Sec. 402) contained a provision authorizing the Director of Central Intelligence to grant monetary or other relief to employees or former employees of the Central Intelligence Agency whenever the Director determined that an employee's, or former employee's, career had suffered due to unjustified personnel or ad- ministrative action. The House amendment contained no similar provision. The conferees agreed to the Senate provision with minor changes except that the Director's authority to make findings concerning unjustified personnel actions can be exercised only during fiscal year 1981 and is limited to those cases resulting from allegations concerning the employee's, or former employee's, loyalty to the United States. The conferees wish to emphasize that the enactment of a provision to remedy unjustified personnel actions is not in- tended to eliminate any cause of action an employee or former employee may have. Appropriate settlements entered into by such employees or former employees in connection with remedial ac- tions taken pursuant to this provision may resolve such causes of action. GRANTING OF ADVANCED DEGREES AT DEPARTMENT OF DEFENSE SCHOOLS (SEC. 406) The Senate bill (Sec. 407) contained a provision amending Title 10, United States Code, to authorize the granting of a degree of Master of Science in Strategic Intelligence by the Defense Intelli- gence School. The House amendment contained no similar provision. The House agreed to the Senate provision. on gn as isl mg th, esl se) the Declassified and Approved For Release 2013/01/29: CIA-RDP89T00234R000300390013-9