FY 1980 INTELLIGENCE AUTHORIZATION BILL/PROPOSED LEGISLATIVE PROGRAM FOR THE FIRST SESSION OF THE 96TH CONGRESS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP92-00455R000200070021-4
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
9
Document Creation Date:
December 12, 2016
Document Release Date:
April 8, 2002
Sequence Number:
21
Case Number:
Publication Date:
December 14, 1978
Content Type:
MF
File:
Attachment | Size |
---|---|
CIA-RDP92-00455R000200070021-4.pdf | 648.29 KB |
Body:
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OLC: 78-3579
=L4 December 1978
MEMORANDUM FOR: See Distribution
FROM : Frederick :P. Hitz
Legislative Counsel
SUBJECT : FY 1980 intelligence Authorization Bill/
Proposed Legislative Program for the
First Session of the 96th Congress
1. Attached is a draft FY 1980 Intelligence Authorization bill
which includes several'titles designed to implement the DCI's legisla-
tive program.
2. It is essential that you contact us with your views and
recommendations on the draft bill quickly, and in any case no later
than 19 December. Our authorization package must be forwarded to
OMB this month in order for it to be presented to the Congress
concurrently with the President's buds
Distribution:
Original - OLC /Legislation
1 - DDCI
1 - E
1 - D
1-O
1-
1-Rid
1-D/
P
1-D
1 - C
1 - IG
1-O/
1 - 0/Personnel
1 - OLC Subject
1 - OLC Chrono
OLC:GMC:mao (13 Dec 78)
6%Qy0024_4
uities, pp.,'&3.
I Iof 0I ' said the;TSTATINTL
selected an 70 as the -ffec,!t i_,
date rather than the Stag- Dee: ` .
date of 1 Jan 73 because !~everai..
more dependents would be -overe:i.,
and the date was a "natur ~.1"i r
it marked the beginning o- tha
decade. The State Dept. date is
our "backup" date if Cone^ess
won't approve 1 Jan 70.
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To authorize appropriations for fiscal year 1980 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Staff, the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the "Intelligence and Intelligence-Related Activities
Authorization Act for Fiscal Year 1980'".
TITLE I - INTELLIGENCE ACTIVITIES
Sec. 101. (a) Funds are hereby authorized to be appropriated for
fiscal year 1980 for the conduct of the intelligence and intelligence-
related activities of the following departments, agencies, and other
elements of the United States Government:
(1) The Central Intelligence Agency and the Director of
Central Intelligence.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army. the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
(b) The classified annex to the joint explanatory statement prepared
by the Committee of Conference to accompany the Conference Report
on H. R. of the Ninety-sixth Congress shall be deemed to reflect
the detailed intent of the Congress with respect to the authorization of
appropriations for fiscal year 1980 for intelligence and intelligence-
related activities of the United States Government, including specific
amounts for activities specified in subsection (a). Copies of such
annex shall be made available to the Committees on Appropriations
of the House of Representatives and the Senate and to the appropriate
elements of the United States Government for which funds are
authorized by this Act under subsection (a).
(c) Nothing contained in this Act shall be deemed to constitute
authority for the conduct of any intelligence activity which is prohibited
by the Constitution or laws of the United States.
TITLE II - INTELLIGENCE COMMUNITY STAFF
Sec. 201. (a) There is authorized to be appropriated for the
intelligence Community Staff for fiscal year 1980 thco sum of $-,
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to provide the support necessary to permit the Director of Central
Intelligence to fulfill his responsibility for directing the substantive
functions and managing the resources for intelligence activities.
(b) For fiscal year 1980 the Intelligence Community Staff is
authorized an end strength ceiling of full-time employees.
Such personnel may be permanent employees or employees on
detail from other elements of the United States Government so long
as they are properly counted within the ceiling and there is a mix
of positions to allow appropriate representation from elements of
the United States Government engaged in intelligence and intelligence-
related activities. Any employee who is detailed to the Intelligence
Community Staff from another element of the United States Government
shall be detailed on a reimbursable basis, except that an employee
may be detailed on a nonreimbursable basis for a period of less than
one year for performance of temporary functions as required by the
Director of Central Intelligence.
(c) Except as provided in subsection (b) and until otherwise pro-
vided by law, the activities of the Intelligence Community Staff shall
be governed by the Director of Central Intelligence in accordance
with the provisions of the National Security Act of 1947 (50 U.S.C.
401 et seq.) and the Central Intelligence Agency Act of 1949 (50
U.S.C. 403a-403j).
TITLE III - CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 301. There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability System for the fiscal
year 1980 the sum of $ , ,
TITLE IV - EDUCATIONAL TRAVEL, BENEFITS FOR DEPENDENTS
OF CIA EMPLOYEES SERVING OVERSEAS
Sec. 401. The first sentence of paragraph 5924(4)(B) of Title 5,
United States Code, is amended by striking out "or the United States
Information Agency, " and inserting in lieu thereof the following:
the United States Information Agency, or the Central Intelligence
Agency, "
TITLE V - DEATH GRATUITIES FOR CERTAIN CENTRAL INTELLIGEICE
AGENCY PERSONNEL
Sec. 501. (a) The Director of Central Intelligence, under such
regulations as the Director may prescribe, is authorized to provide
for payment of a gratuity to the surviving dependent. of any Central C
Intelligence Agency employee who dies as a result of injuries sustained in the performance of duty outside the United States in an amount equal
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to one year's salary at the time of death. Appropriations for this
purpose are authorized to be made to the account for salaries and
expenses of the Central Intelligence Agency. Any death gratuity
payment made under this section shall be held to have been a gift
and shall be in addition to any other benefit payable from any
source.
(b) A death gratuity payment shall be made under this section
only if the survivor entitled to payment under subsection (c) is
entitled to elect monthly compensation under section 8133 of
Title 5, United States Code, because the death resulted from an
injury (excluding a disease proximately caused by the employment)
sustained in the performance of duty, without regard to whether
such survivor elects to waive compensation under such section 8133.
(c) A death gratuity payment under this section shall be made a,-
follows:
(1) First, to the widow or widower.
(2) Second, to the child,, or children in equal shares, if there
is no widow or widower.
(3) Third, to the dependent parent, or dependent parents in
equal shares, if there is no widow, widower, or child.
If there is no survivor entitled to payment under this subsection,
no payment shall be made.
(d) As used in this section-
(1) The term 'Central Intelligence Agency employee' mears
all personnel employed by the Central Intelligence Agency or by the
Office of the Director of Central Intelligence on a full-time basis.
(2) Each of the terms 'widow', 'widower', 'child', and 'parent'
shall have the same meaning given each such term by section 8101
of Title 5, United States Code; and
(3) The term 'United States' means the several States anc_
the District of Columbia.
(c) The provisions of this section shall apply with respect to deaths
occuring on or after January 1,_1970.
TITLE VI - CIA FIREARMS AUTHORITY
Sec. 601. Subsection 5(d) of the Central Intelligence Agency Act
of 1949, (50 U.S. C. 403f(d)) is amended by striking out subsection 5(d)
in its entirety and inserting in lieu thereof the following:
"(d) Authorize, under such regulations as the Director shall
prescribe, Agency personnel, while in the discharge of their official
duties, to carry firearms; Provided, That within the United State.3,
such official duties shall include only the protection of: (i) inform -,tion
concerning intelligence sources or methods, or classified intelligence
documents or materiel; (ii) facilities, propert or any medium et
exchange owned or utilized by the Agency; (iii) the Director and the
Deputy Director, c1n other Agency FIC't':3iil' e1 as ray be designat.;
by the Director or Deputy Director., such designations to be rriadi oni .
upon determination of the Director or Deputy Director that a specific
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3
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stated exigency warrants such protective action, which is to be
terminated, unless sooner renewed in the same fashion, upon expira_ion
of the exigency or as specified in the designation order or at the end
of 120 days, whichever is sooner; and (iv) defectors and foreign
persons visiting the United States under Agency auspices; and
Provided further, that such duties shall include the transportation
and utilization of firearms for authorized training;"
TITLE VII - UNAUTHORIZED DISCLOSURE OF IDENTITIES OF
CERTAIN INDIVIDUALS ENGAGED IN FOREIGN
INTELLIGENCE ACTIVITIES
Sec. 701. (a) Whoever, in the course of service as an officer,
employee, contractor, or employee of a contractor of the united States,
learns or obtains, or comes into possession or control of any information
identifying or tending to identify any officer, employee, source, or other
person or entity who has assisted, provided information to, or otherwise
cooperated with any agency or department having foreign intelligence
or counterintelligence responsibilities and whose relationship with
such agency or department is not :publicly and officially acknowledges
by the United States, does willfully disclose, communicate, provide,
transmit, publish or otherwise reveal such information to anyone
not authorized to receive, learn of, or have access to it shall be
imprisoned for not more than ten years or be fined $100, 000 or both.
(b) Whenever in the judgment of the Director of Central Intelligence
any person is about to engage in conduct that would constitute a
violation of subsection (a) the Attorney General, on behalf of the
United States, may make application to the appropriate court for an
order enjoining such conduct, and upon a showing that a person is
about to engage in such conduct a permanent or temporary injunction;
restraining order, or other order may be granted.
(c) Any proceeding by a court for the purpose of determining
whether any material constitutes the type of information described
in subsection (a) shall be held in camera.
TITLE VIII - FREEDOM OF INFORMATION ACT AMENDMENT
Sec. 801. Subsection 552 (c) of Title 5, United States Code, is
amended by adding at the end thereof the following:
"Nothing in this section shall be construed to require any agency
or department having foreign intelligence or counterintelligence
responsibilities to search for information in records pertaining to:
(1) The organization or budget of the Central Intelligence Agency,
including the official titles, duties, so:laries, names or numbers of
personnel employed1br otherwise aEiiliated with it;
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(ii) The design, function, deployment, exploitation or utilization of,
the authorization or appropriation of funds for, or the information
derived from, scientific and technical systems for the collection of
foreign intelligence or counterintelligence information;
(iii) Foreign intelligence or counterintelligence operations including
investigations conducted in connection with the use of potential foreign
intelligence or counterintelligence sources, or information derived
therefrom;
(iv) Intelligence and security liaison arrangements or information
exchanges with foreign intelligence or security ervices, or inforrn~tior
derived therefrom. ' 1
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