Volume 94 · 1975
Public Law 96–450
To authorize appropriations for fiscal year 1981 for the intelligence and intelligence-related activities of the United States Government, for the Intelligence Community Staff, and for the Central Intelligence Agency Retirement and Disability System, and for other purposes.
Approved October 14, 1980
Statutory text
An Act
To authorize appropriations for fiscal year 1981 for the intelligence and intelligence-related activities of the United States Government, for the Intelligence Community Staff, and for the Central Intelligence Agency Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of the Representatives of the United States of America in Congress assembled,
That this Act may be
Intelligence Authorization Act for Fiscal Year 1981.
cited as the “Intelligence Authorization Act for Fiscal Year 1981”.
TITLE I— INTELLIGENCE ACTIVITIES
Sec. 101. authorization of appropriations
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 Government:
The Central Intelligence Agency.
The Department of Defense.
The Defense Intelligence Agency.
The National Security Agency.
The Department of the Army, the Department of the Navy, and the Department of the Air Force.
The Department of State.
The Department of the Treasury.
The Department of Energy.
The Federal Bureau of Investigation.
The Drug Enforcement Administration.
Sec. 102. classified schedule of authorizations
The amounts authorized to be appropriated under section 101, 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 such section, are those specified in the classified Schedule of Authorizations prepared by the committee of conference to accompany S. 2597 of the 96th Congress. That Schedule
Availability to congressional committees and President.
Distribution.
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.
Sec. 103. congressional notification of expenditures in excess of program authorizations
During fiscal year 1981, funds may not be obligated or expended for any program for which funds are authorized to be appropriated by section 101 in an amount in excess of the amount
Supra.
specified for that program in the classified Schedule of Authoriza-tions described in section 102 unless the Director of Central Intelligence or the Secretary of Defense notifies the appropriate committees of Congress of the intent to make such obligation or expenditure not less than fifteen days before such obligation or expenditure is made.
Sec. 104. restriction on conduct of intelligence activities
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.
Sec. 105. authorization of appropriations for counterterrorism activities of the federal bureau of investigation
In addition to the amounts authorized to be appropriated under section 101(9), there is authorized to be appropriated for fiscal year 1981 the sum of $11,400,000 for the conduct of the activities of the Federal Bureau of Investigation to counter terrorism in the United States.
TITLE II— INTELLIGENCE COMMUNITY STAFF
Sec. 201. authorization of appropriations
There is authorized to be appropriated for the Intelligence Community Staff for fiscal year 1981 the sum of $17,824,000.
Sec. 202. authorization of personnel end-strength
The Intelligence Community Staff is authorized two hundred and forty-five fulltime 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.
During fiscal year 1981, personnel of the Intelligence 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.
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 nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence.
Sec. 203. intelligence community staff administered in same manner as central intelligence agency
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. authorization of appropriations
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1981 the sum of $55,300,000.
TITLE IV— GENERAL PROVISIONS
Sec. 401. funds transfers by the secretary of defense
Chapter 4 of title 10, United States Code, is amended by adding at the end thereof the following new section:
Ҥ140a. Secretary of Defense: funds transfers for foreign cryptologic support
“The Secretary of Defense may use funds available to the Department of Defense for intelligence and communications purposes to pay for the expenses of arrangements with foreign countries for cryptologic support. Payments under this section may be made without regard to section 3651 of the Revised Statutes of the United States (31 U.S.C. 543).”.
The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item:
Sec. 402. administrative provisions relating to the national security agency
The Act entitled “An Act to provide certain administrative authorities for the National Security Agency, and for other purposes” approved May 29, 1959 (50 U.S.C. 402 note), is amended by adding at the end thereof the following new sections:
“Sec. 9.
(a) Notwithstanding section 322 of the Act of June 30, 1932
Real property leasing.
(40 U.S.C. 278a), section 5536 of title 5, United States Code, and section 2675 of title 10, United States Code, the Director of the National Security Agency, on behalf of the Secretary of Defense, may lease real property outside the United States, for periods not exceeding ten years, for the use of the National Security Agency for special cryptologic activities and for housing for personnel assigned to such activities.
“(b) The Director of the National Security Agency, on behalf of the
Personnel, benefits.
Secretary of Defense, may provide to certain civilian and military personnel of the Department of Defense who are assigned to special cryptologic activities outside the United States and who are designated by the Secretary of Defense for the purposes of this subsection—
“(1) allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (1), (2), (7), (9), (10), and (11) of section 911, and under sections 912, 914, 933, 941, 942, and 945, of the Foreign Service Act of 1946 (22 U.S.C. 1136 (1), (2), (7), (9), (10), (11), 1137, 1138a, 1148, 1156, 1157, 1160); and
“(2) housing (including heat, light, and household equipment) without cost to such personnel, if the Director of the National Security Agency, on behalf of the Secretary of Defense deter-mines that it would be in the public interest to provide such housing.
“(c) The authority of the Director of the National Security Agency, on behalf of the Secretary of Defense, to make payments under subsections (a) and (b), and under contracts for leases entered into under subsection (a), is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
“Sec. 10.
Code, pay travel, transportation, storage, and subsistence expenses under chapter 57 of such title to civilian and military personnel of the Department of Defense who are assigned to duty outside the United States for a period of one year or longer which involves cryptologic training, language training, or related disciplines.
“Sec. 11.
The Administrator of General Services, upon the application of the Director of the National Security Agency, may provide for the protection in accordance with section 3 of the Act of June 1, 1948 (40 U.S.C. 318b), of certain facilities (as designated by the Director of such Agency) which are under the administration and control of, or are used by, the National Security Agency in the same manner as if such facilities were property of the United States over which the United States has acquired exclusive or concurrent criminal jurisdiction.”.
Such Act is further amended by inserting after the enacting clause the following: “That this Act may be cited as the ‘National Security Agency Act of 1959’ ”.
Any individual who is liable to the United States for any overpayment which was made to or on behalf of such individual before October 1, 1980, under chapter 57 of title 5, United States Code, while such individual was an employee of or assigned to duty with the National Security Agency and which was subsequently determined to be subject to the limitations contained in section 4109(a)(2)(B) of such
title is hereby relieved of liability to the United States for such overpayment.
Sec. 403. authority to pay death gratuities
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a–403j) is amended by adding at the end thereof the following new section:
“Sec. 11. “authority to pay death gratuities
(a) (1) The Director may pay a gratuity to the surviving dependents of any officer or employee of the Agency who dies as a result of injuries (other than from disease) sustained outside the United States and whose death—
“(A) resulted from hostile or terrorist activities; or
“(B) occurred in connection with an intelligence activity having a substantial element of risk.
“(2) The provisions of this subsection shall apply with respect to deaths occurring after June 30, 1974.
“(b) Any payment under subsection (a)—
“(1) shall be in an amount equal to the amount of the annual salary of the officer or employee concerned at the time of death;
“(2) shall be considered a gift and shall be in lieu of payment of any lesser death gratuity authorized by any other Federal law; and
“(3) shall be made under the same conditions as apply to payments authorized by section 14 of the Act of August 1, 1956 (22 U.S.C. 2679a).”.
Chapter 75 of title 10, United States Code, relating to death benefits, is amended by adding at the end thereof the following new section:
Ҥ1489. Death gratuity: members and employees dying outside the United States while assigned to intelligence duties
“(a) The Secretary of Defense may pay a gratuity to the surviving dependents of any member of the Armed Forces or of any employee of the Department of Defense—
“(1) who—
“(A) is assigned to duty with an intelligence component of the Department of Defense and whose identity as such a member or employee is disguised or concealed; or
“(B) is within a category of individuals determined by the Secretary of Defense to be engaged in clandestine intelligence activities; and
“(2) who after the date of the enactment of this section dies as a result of injuries (excluding disease) sustained outside the United States and whose death—
“(A) resulted from hostile or terrorist activities; or
“(B) occurred in connection with an intelligence activity having a substantial element of risk.
“(b) Any payment under subsection (a)—
“(1) shall be in an amount equal to the amount of the annual basic pay or salary of the member or employee concerned at the time of death;
“(2) shall be considered a gift and shall be in lieu of payment of any lesser death gratuity authorized by this chapter or any other Federal law; and
“(3) shall be made under the same conditions as apply to payments authorized by section 14 of the Act of August 1, 1956 (22 U.S.C. 2679a).”.
The table of sections at the beginning of such chapter is amended by adding at the end thereof the following new item:
Sec. 404. special provisions relating to the welfare of personnel of the central intelligence agency
The Central Intelligence Agency Act of 1949 is amended by adding after section 11 (as added by section 403(a)) the following new section:
“Sec. 12. “authority to accept gifts, devises, and bequests
(a) Subject to the provisions of this section, the Director
may accept, hold, administer, and use gifts of money, securities, or other property whenever the Director determines it would be in the interest of the United States to do so. Any gift accepted under this section (and any income produced by any such gift) may be used only for artistic display or for purposes relating to the general welfare, education, or recreation of employees or dependents of employees of the Agency or for similar purposes, and under no circumstances may such a gift (or any income produced by any such gift) be used for operational purposes. The Director may not accept any gift under this section which is expressly conditioned upon any expenditure not to be met from the gift itself or from income produced by the gift unless such expenditure has been authorized by law.
“(b) Unless otherwise restricted by the terms of the gift, the Director may sell or exchange, or invest or reinvest, any property which is accepted under this section, but any such investment may only be in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
“(c) There is hereby created on the books of the Treasury of the United States a fund into which gifts of money, securities, and other intangible property accepted under the authority of this section, and the earnings and proceeds thereof, shall be deposited. The assets of such fund shall be disbursed upon the order of the Director for the purposes specified in subsection (a) or (b).
“(d) For purposes of Federal income, estate, and gift taxes, gifts accepted by the Director under this section shall be considered to be to or for the use of the United States.
“(e) For the purposes of this section, the term ‘gift’ includes a bequest or devise.”.
Sec. 405. authority to remedy unjustified personnel actions
Whenever the Director of Central Intelligence finds during fiscal year 1981 that an employee or former employee of the Central Intelligence Agency has unfairly had his career with the Agency adversely affected as a result of allegations concerning the loyalty to the United States of such employee or former employee, the Director may grant such employee or former employee such monetary or other relief (including reinstatement and promotion) as the Director considers appropriate in the interest of fairness.
Any action of the Director under this section is not reviewable in any other forum or in any court.
The authority of the Director to make payments under subsection (a) is effective only to the extent that appropriated funds are available for that purpose.
Sec. 406. granting of advanced degree at defense intelligence school
Part III of subtitle A of title 10, United States Code, is amended by adding at the end thereof the following new chapter:
“CHAPTER 108— GRANTING OF ADVANCED DEGREES AT DEPARTMENT OF DEFENSE SCHOOLS
Ҥ2161. Defense Intelligence School: master of science of strategic intelligence
“Under regulations prescribed by the Secretary of Defense, the Commandant of the Defense Intelligence School may, upon recommendation by the faculty of such school, confer the degree of master of science of strategic intelligence upon graduates of the school who have fulfilled the requirements for that degree.”.
The table of chapters at the beginning of subtitle A of title 10, United States Code, and the table of chapters at the beginning of part III of such subtitle are each amended by inserting after the item relating to chapter 107 the following new item:
Sec. 407. congressional oversight of intelligence activities
Section 662 of the Foreign Assistance Act of 1961 (22 U.S.C. 2422) is amended—
by striking out “(a)” before “No funds”;
by striking out “and reports, in a timely fashion” and all that follows in subsection (a) and inserting in lieu thereof a period and the following: “Each such operation shall be considered a significant anticipated intelligence activity for the purpose of section 501 of the National Security Act of 1947.”; and
Infra.
by striking out subsection (b).
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by adding at the end thereof the following new title:
“TITLE V— ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
“Sec. 501. “congressional oversight
(a) To the extent consistent with all applicable authorities
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 unauthorized disclosure of classified information and information relating to intelligence sources and methods, the Director of Central Intelligence and the heads of all departments, agencies, and other entities of the United States involved in intelligence activities shall—
“(1) keep the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives (hereinafter in this section referred to as the ‘intelligence 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 significant anticipated intelligence activity, except that (A) the foregoing provision shall not require approval of the intelligence 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 members of the intelligence committees, the Speaker and minority leader of the House of Representatives, 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 department, agency, or entity of the United States and which is requested by either of the intelligence committees in order to carry out its authorized responsibilities; and
“(3) report in a timely fashion to the intelligence committees any illegal intelligence activity or significant intelligence failure and any corrective action that has been taken or is planned to be taken in connection with such illegal activity or failure.
“(b) The President shall fully inform the intelligence committees in a timely fashion of intelligence operations in foreign countries, other than activities intended solely for obtaining necessary intelligence, for which prior notice was not given under subsection (a) and shall provide a statement of the reasons for not giving prior notice.
“(c) The President and the intelligence committees shall each establish such procedures as may be necessary to carry out the provisions of subsections (a) and (b).
“(d) the House of Representatives and the Senate, in consultation with the Director of Central Intelligence, shall each establish, by rule or resolution of such House, procedures to protect from unauthorized disclosure all classified information and all information relating to intelligence sources and methods furnished to the intelligence committees or to Members of the Congress under this section. In accordance with such procedures, each of the intelligence committees shall promptly call to the attention of its respective House, or to any appropriate committee or committees of its respective House, any matter relating to intelligence activities requiring the attention of such House or such committee or committees.
“(e) Nothing in this Act shall be construed as authority to withhold information from the intelligence committees on the grounds that providing the information to the intelligence committees would constitute the unauthorized disclosure of classified information or information relating to intelligence sources and methods.”.
The table of contents at the beginning of such Act is amended by adding at the end thereof the following:
Sec. 408. increases in employee benefits authorized by law
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.
Approved October 14, 1980.