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
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP89T00234R000300390013-9
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
5
Document Creation Date:
December 27, 2016
Document Release Date:
January 29, 2013
Sequence Number:
13
Case Number:
Publication Date:
April 23, 1980
Content Type:
REPORT
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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-
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1
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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 -----?-------?-------------
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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.
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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.
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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.
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