FISCAL YEAR 1981 INTELLIGENCE AUTHORIZATION BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00759R000100190005-1
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 14, 2016
• Document Release Date: September 19, 2002
• Sequence Number: 5
• Publication Date: December 18, 1979
• Content Type: MF

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OLC 79-3173/3
1 8 DEC X979
MEMORANDUM FOR: Director of Central Intelligence
FROM: Frederick P. Hitz
Legislative Counsel
SUBJECT: Fiscal Year 1981 Intelligence
Authorization Bill
1. Action requested: Your signature on the attached
letter transmitting the draft Fiscal Year 1981 Intelligence
Authorization Bill to the Director of the Office of Management
and Budget.
2. Background: This will be the t.h'ir.d specific annual
authorization of appropriations for intelligence, and the
process is becoming institutionalized. My Legislation
Division has drafted the Bill, in consultation with concerned
Agency components and the Intelligence Community Staff. The
Intelligence Community was given the opportunity to propose
material for inclusion in the combined CIA and Intelligence
Community Legislative Program for the second session of the
96th Congress. The Authorization Bill must now be submitted
to the Office of Management and Budget..
3. The Bill is essentially the same as the Fiscal Year
1980 Act (reference document), and does not require accompa-
niment by a detailed sectional analysis. We have attempted
to clarify the meaning of Section 101(c) by substituting the
word "prohibited" for the phrase "not otherwise authorized."
The Section 503 provision authorizing the Central Intelligence
Agency to accept gifts and bequests should not be controversial,
although I would not be surprised if our committees add a
reporting requirement.
4. Your transmittal letters to the Speaker of the House
and the President of the Senate make reference to congressional
action on unspecified separate pieces of pending legislation
designed to safeguard intelligence capabilities. With our
death gratuity legislation having developed a momentum of its
own, it would seem advisable, at least for now, to continue
CL r 53011
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Nwor
to pursue that legislation separately as well. Inclusion of
the proposal in the Authorization Bill, moreover, could
subject it to recoordination within the Administration.
Our Administration-approved and previously trans-
mitted legislative proposal to clarify the Agency's firearms
authority has not been included in the draft Authorization
Bill for the same reason; there is nothing to be gained from
giving new players at the Justice Department the opportunity
to raise questions that could jeopardize the proposal's
cleared status. I plan instead to have letters to the
Chairmen and ranking Minority Members of the SSCI and HPSCI
prepared for your signature next month. These letters will
review the status of specific legislative items in the area
of safeguarding intelligence capabilities (e.g., Protection
of Identities and FOIA), and suggest use of the Authorization
Bill for matters such as the firearms proposal.
4. Staff Position: Appropriate Agency components and
elements of the Intelligence Community Staff have been
consulted in connection with the draft Bill.
5. Recommendation: That you sign the attached letter
to OMB Director McIntyre transmitting the Fiscal Year 1981
Intelligence Authorization Bill.
:Iraed - Frederick P. I? i'tz
Frederick p. I-litz
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SUBJECT: Fiscal Year Intelligence
Authorization Bill
Distribution:
1 - DC I
1 - DDCI
1 -- ER
1 -
I(OLC/RMS)
1 - Dan Silver. (GC)
1
1
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1
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1 - OLC Subject
1 - OLC Ch r. ono
Ci4C/lmb(11Dec79)
rewrite GMC/lmb(14Dec79)
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OLC 79-3173/a
Honorable James T. McIntyre, Jr.., Director
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. McIntyre:
In accordance with Office of Management and Budget
Circular No. A-19, revised, I am submitting proposed legis-
lation for your advice as to whether it is in accord with
the program of the President. Enclosed are ten copies of a
draft "Intelligence and Intelligence-Related Activities
Authorization Act for. Fiscal Year 1981." Also enclosed are
draft letters of transmittal to the President of the Senate
and the Speaker of the House of Representatives.
The Fiscal Year. 1981 Intelligence Authorization Bill
was identified as proposal number 96/2.- 3 in the proposed
Central Intelligence Agency and Intelligence Community
Legislative Program, which was forwarded to your office on
15 November 1979 as part of the consolidated National Foreign
Intelligence Program budget. The draft Bill has been pre-
pared in consultation with the Intelligence Community.
The draft Fiscal Year 1981 Intelligence Authorization
Bill is substantively similar to the Fiscal Year 1980 Act
(P.L. 96-100). Consistent with Section 7e of Circular.
No. A-19, the draft Bill contains a provision relating to
compliance with Section 607 of P.L. 93-344, the Congressional
Budget Act of 1974. The draft Bill also contains a self-
explanatory technical provision which would authorize the
Central Intelligence Agency to accept gifts and bequests.
I would be most appreciative of your assistance in
securing prompt Administration clearance of this proposed
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legislation, and in ensuring that resource allocations for
fiscal year. 1981 reflect the President's expressed determi.-
nation to enhance the nation's intelligence capability.
Yours sincerely,
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To authorize appropriations for fiscal year 1981 for intelli-
gence and intelligence-related activities of the United
States Government, for the Intelligence Community Staff,
for the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
this Act may be cited as the "Intelligence and Intelligence-
Related Activities Authorization Act for. Fiscal Year 1981".
TITLE I - INTELLIGENCE ACTIVITIES
Sec. 101. (a) Funds are hereby authorized to be
appropriated for fiscal year. 1981 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.
(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 amounts authorized to be appropriated under
this Act, and the authorized personnel ceilings as of
September 30, 1981, for the conduct of the intelligence and
intelligence-related activities of the agencies listed in
subsection (a) are those listed i.n the classified Schedule
of Authorizations prepared by the committee of conference to
accompany the conference report on the bill
96th Congress. That Schedule of Authorizations shall be
made available to the Committees on Appropriations of the
Senate and House of Representatives and to the President.
The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within
the Executive Branch.
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(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.
Sec. 201. (a) There is authorized to be appropriated
for the Intelligence Community Staff for fiscal year 1981
the sum of $18,700,000.
(b)(1) The Intelligence Community Staff is authorized
245 full-time personnel as of September 30, 1981. Such
personnel may be permanent employees of the Intelligence
Community Staff or personnel detailed from other elements of
the United States Government.
(2) During fiscal year 1981, personnel of the Intelli-
gence Community Staff shall be selected so as to provide
appropriate representation from elements of the United
States Government engaged in intelligence and intelligence-
related activities.
(3) During fiscal. year 1981, any officer or employee
of the United States or member of the Armed Forces who is
detailed to the Intelligence Community Staff from another
element of the United States Government shall be detailed on
a reimbursable basis, except that any such officer, employee,
or member may be detailed on a nonr.eir;bursable basis for a
period of less than one year for the performance of temporary
functions as required by the. Director. of Central Intelligence.
(c) During fiscal year 1981, activities and personnel
of the Intelligence Community Staff shall be subject to the
provisions of the National Security Act of 1947 (50 U.S.C.
401 et seq.) and the Central Intelligence Agency Act of 1949
(50 U.S.C. 403a-403j). in the same manner as activities and
personnel of the Central Intelligence Agency.
TITLE III - CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
Sec. 301. There is authorized to be appropriated for
the Central Intelligence Agency Retirement and Disabitity
Fund for fiscal year. 1981 the sum of $55,300,000.
2
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101
Sec. 501. Appropriations authorized by this Act for
salary, pay, retirement, and other benefits for federal
employees may be increased by such additional or supplemental
amounts as may be necessary for increases in such benefits
authorized by law.
Sec. 502. There are authorized to be appropriated for
fiscal year 1982 such sums as may be necessary for 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.
Sec. 503. Section 3 of the Central Intelligence Agency
Act of 1949, 50 U.S.C. 403c, is amended by adding at the end
thereof the following new subsection: "(e) The Director is
authorized to accept, hold, administer, and utilize for
artistic or general employee or dependent welfare, educational,
recreational or like purposes, gifts, bequests or devises of
money, securities or other property of whatsoever character
whenever the Director determines that it would be in the
interest of the Agency to do so. Unless otherwise restricted
by the terms of the gift, bequest or devise, the Director
may sell or exchange, and invest or reinvest such property
in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by
the United States. For purposes of Federal income, estate
and gift taxes, gifts, bequests and devises accepted by the
Director shall be deemed to be to or for the use of the
United States. The Title of Section 3 of the Central
Intelligence Agency Act of 1949, 50 U.S.G. 403c, is amended
by adding after. "PROCUREMENT" the following: ";AUTHORITY TO
ACCEPT GIFTS, BEQUESTS AND DEVISES."
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Washington, D. C. 20505
OLC 79-3173/b
Honorable Thomas P. O'Neill
Speaker of the House of
Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
This letter transmits for the consideration of the
Congress a draft "Intelligence and Intelligence-Related
Activities Authorization Act for Fiscal Year. 1981."
Cooperative efforts by the Executive and Legislative
Branches in the authorization process have been indicative
of the strong bonds that the Administration and Congress
have forged in the development of meaningful congressional
participation in the oversight of our nation's intelligence
apparatus. I am confident that for fiscal year 1981 the
Congress will provide the resources needed to enhance the
Intelligence Community's ability to monitor the military
activities of our adversaries and to provide insights into
the political, economic, and social forces which will shape
world affairs in the 1980's.
The draft Intelligence Authorization Bill is substan-
tively similar to the Fiscal. Year 1980 Act (P.L. 96-100).
Consistent with Administration policy, Title IV contains a
technical provision relating to compliance with Section 607
of P.L. 93-344, the Congressional Budget Act of 1974. The
draft Bill also contains a provision which would authorize
the Central Intelligence Agency to accept gifts and bequests.
This provision is designed to enable the Agency to receive
artistic works, books, funds for employee recreation activities,
memorabilia, and the like.
I am hopeful that the Congress will heed the President's
call for increased efforts to guard against damage to our
crucial intelligence sources and methods, and will move
forward with several. separate pieces of pending legislation
designed to safeguard intelligence capabilities without
impairing the rights of Americans or interfering with
legitimate congressional oversi.ght.
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Early and favorable consideration of the draft "Intel-
ligence and Intelligence-Related Activities Authorization
Act for Fiscal Year 1981" would be greatly appreciated. The
Office of Management and Budget has advised that enactment
of this proposed legislation would be in accord with the
program of the President.
Yours sincerely,
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Honorable Walter. F. Mondale
President of the Senate
Washington, D.C. 20510
Dear Mr. President:
OLC 79-3173/c
This letter transmits for the consideration of the
Congress a draft "Intelligence and Intelligence-Related
Activities Authorization Act for. Fiscal Year. 1981."
Cooperative efforts by the Executive and Legislative
Branches in the authorization process have been indicative
of the strong bonds that the Administration and Congress
have forged in the development of meaningful congressional
participation in the oversight of our nation's intelligence
apparatus. I am confident that for fiscal year. 1981 the
Congress will provide the resources needed to enhance the
Intelligence Community's ability to monitor the military
activities of our adversaries and to provide insights into
the political., economic, and social forces which will shape
world affairs in the 1980's.
The draft Intelligence Authorization Bill is substan-
tively simili.ar to the Fiscal Year 1980 Act (P.L. 96-100).
Consistent with Administration policy, Title IV contains a
technical provision relating to compliance with Section 607
of P.L. 93-344, the Congressional Budget Act of 1974. The
draft Bill also contains a provision which would authorize
the Central Intelligence Agency to accept gifts and bequests.
This provision is designed to enable the Agency to receive
artistic works, books, funds for employee recreation activities,
memorabilia, and the like.
I am hopeful that the Congress will heed the President's
call for increased efforts to guard against damage to our
crucial intelligence sources and methods, and will move
forward with several separate pieces of pending legislation
designed to safeguard intelligence capabilities without
impairing the rights of Americans or interfering with
legitimate congressional oversight.
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Early and favorable consideration of the draft "Intel-
ligence and Intelligence-Related Activities Authorization
Act for. Fiscal Year 1931" would be greatly appreciated. The
Office of Management and Budget has advised that enactment
of this proposed legislation would be in accord with the
program of the President.
Yours sincerely,
STANSFIELD TURNER
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 PUB pro orl e 2021/ 21 : CIA-RDPff PAq8 010019
Public Law 96-100
96th Congress
An Act
To authorize appropriations for fiscal year 1980 for intelligence and intelligence- Nov. 2, 1979
related activities of the United States Government, for the Intelligence Commu- [S. 975]
nity Staff, and for the Central Intelligence Agency Retirement and Disability
System, to authorize supplemental appropriations for fiscal year 1979 for the
intelligence and intelligence-related activities of the United States Government,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States ofAmerica in Congress assembled, That this Act maybe
cited as the "Intelligence and Intelligence-Related Activities Authori-
zation 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.
(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 amounts authorized to be appropriated under this Act, and
the authorized personnel ceilings as of September 30, 1980, for the
conduct of the intelligence and intelligence-related activities of the
agencies listed in subsection (a) are those listed in the classified
Schedule of Authorizations prepared by the committee of conference
to accompany the conference report on the bill S. 975, 96th Congress.
That Schedule of Authorizations shall be made available to the
Committees on Appropriations of the Senate and House of Repre-
sentatives and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of the
Schedule, within the executive branch.
(c) Nothing contained in this Act shall be deemed to constitute
authority for the conduct of any intelligence activity which is not
otherwise authorized by the Constitution or laws of the United
States.
(d) In addition to the amounts authorized to be appropriated under
subsection (a)(9), there is authorized to be appropriated for fiscal year
1980 the sum of $12,100,000 for the conduct of the activities of the
Federal Bureau of Investigation to counter terrorism in the United
States.
Intelligence and
Intelligence-
Related
Activities
Authorization
Act for Fiscal
Year 1980.
Classified
Schedule of
Authorizations.
FBI, funds to
counter
terrorism in U.S.
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93 STAT. 734 PUBLIC LAW 96-100-NOV. 2, 1979
TITLE II-INTELLIGENCE COMMUNITY STAFF
SEC. 201. (a) There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1980 the sum of $11,500,000.
(b)(1) The Intelligence Community Staff is authorized 245 full-time
personnel as of September 30, 1980. Such personnel may be perma-
nent employees of the Intelligence Community Staff or personnel
detailed from other elements of the United States Government.
(2) During fiscal year 1980, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in
intelligence and intelligence-related activities.
(3) During fiscal year 1980, any officer or employee of the United
States or member of the Armed Forces who is detailed to the
Intelligence Community Staff from another element of the United
States Government shall be detailed on a reimbursable basis, except
that any such officer, employee, or member may be detailed on a
nonreimbursable basis for a period of less than one year for the
performance of temporary functions as required by the Director
of Central Intelligence.
(c) During fiscal year 1980, activities and personnel of the Intelli-
gence Community Staff shall be subject to the provisions of the
National Security Act of 1947 (50 U.S.C. 401 et seq.) and the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a-403j) in the same
manner as activities and personnel of the Central Intelligence
Agency.
SEC. 202. Effective October 1, 1979, section 201 of the Intelligence
and Intelligence-Related Activities Authorization Act for Fiscal Year
1979 (Public Law 95-370; 92 Stat. 626) is amended-
(1) by striking out the third sentence of subsection (b); and
(2) by striking out subsection (c).
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 Fund for fiscal year
1980 the sum of $51,600,000.
TITLE IV-SUPPLEMENTAL AUTHORIZATION, FISCAL YEAR
1979
SEC. 401. In addition to the funds authorized to be appropriated
under title I of the Intelligence and Intelligence-Related Activities
Authorization Act for Fiscal Year 1979 (Public Law 95-370; 92 Stat.
626), funds are hereby authorized to be appropriated for fiscal year
1979 for the conduct of intelligence and intelligence-related activities
of the United States Government in the amounts listed in the
classified Schedule of Authorizations described in section 101(b).
TITLE V-TECHNICAL PROVISIONS
SEC. 501. Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may be in-
creased by such additional or supplemental amounts as may be
necessary for increases in such benefits authorized by law.
SEC. 502. Section 5924(4XB) of title 5, United States Code, relating to
payment of travel expenses to and from schools in the United States
of dependents of certain employees serving overseas, is amended by
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PUBLIC LAW b'-100-NOV. 2, 1979 93 STAT. 735
striking out "or the United States Information Agency," and insert-
ing in lieu thereof the following: ", the International Communica-
tion Agency, the Central Intelligence Agency, or the National.
Security Agency,".
Approved November 2, 1979.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 96-127, pt. 1, accompanying H.R: 3821 (Comm. on Intelli-
gence), No. 96-127, pt. 2, accompanying H.R. 3821 (Comm. on
Armed Services) and No. 96-512 (Comm. of Conference).
SENATE REPORTS: No. 96-71 (Comm. on Intelligence) and No. 96-206 (Comm. on
Armed Services).
CONGRESSIONAL RECORD, Vol. 125 (1979):
June 20, considered and passed Senate.
July 9, 10, H.R. 3821 considered and passed House; passage vacated and S. 975,
amended, passed in lieu.
Oct. 17, Senate agreed to conference report.
Oct. 24, House agreed to conference report.
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