INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1981

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300010002-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 20, 2016
• Document Release Date: May 16, 2007
• Sequence Number: 2
• Publication Date: September 19, 1980
• Content Type: OPEN SOURCE

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96TH CONGRESS HOUSE OF REPRESENTATIVES REPORT
2d Session } I No. 96-1350
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR
1981
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, and
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
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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(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.
SEC. 102. The amounts authorized to be appropriated under sec-
tion 101, and the authorized personnel ceilings as of September 30,
1981, for the conduct of the intelligence and intelligence-related ac-
tivities 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 of Authorizations shall be made available to the Commit-
tees on Appropriations of the Senate and House of Representatives
and to the President. The President shall provide for suitable distri-
bution of the Schedule, or of appropriate portions of the Schedule,
within the executive branch.
CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF
PROGRAM AUTHORIZATIONS
SEC. 103. During fiscal year 1981, funds may not be obligated or
expended for any program for which funds are authorized to be ap-
propriated by section 101 in an amount in excess of the amount
specified for that program in the classified Schedule of Authoriza-
tions described in section 102 unless the Director of Central Intelli-
gence 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. Nothing contained in this Act shall be deemed to consti-
tute authority for the conduct of any intelligence activity which is
not otherwise authorized by the Constitution or laws of the United
States.
AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION
SEC. 105. In addition to the amounts authorized to be appropri-
ated 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 activi-
ties of the Federal Bureau of Investigation to counter terrorism in
the United States.
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TITLE II-INTELLIGENCE COMMUNITY STAFF
AUTHORIZATION OF APPROPRIATIONS
SEC. 201. There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1981 the sum of $17,824,000.
SEC. 202. (a) The Intelligence Community Staff is authorized two
hundred and forty-five 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.
(b) During fiscal year 1981, 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 in-
telligence and intelligence-related activities.
(c) During fiscal year 1981, any officer or employee of the United
States or member of the Armed Forces who is detailed to the Intelli-
gence 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 non-
reimbursable basis for a period of less than one year for the per-
formance of temporary functions as required by the Director of Cen-
tral Intelligence.
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS
CENTRAL INTELLIGENCE AGENCY
SEC. 203. 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 Disability Fund for fiscal year
1981 the sum of $55,300,000.
SEC. 401. (a) Chapter 4 of title 10, United States Code, is amended
by adding at the end thereof the following new section:
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140a. Secretary of Defense: funds transfers for foreign cryptologic
support
"The Secretary of Defense may use funds available to the Depart-
ment of Defense for intelligence and communications purposes to
pay for the expenses of arrangements with foreign countries for cryp-
tologic 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)."
(b) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
"140a. Secretary of Defense: funds transfers for foreign cryptologic support. "
ADMINISTRATIVE PROVISIONS RELATING TO THE NATIONAL SECURITY
AGENCY
SEC. 402. (a)(1) The Act entitled "An Act to provide certain ad-
ministrative 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 (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 ex-
ceeding 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 Secretary of Defense, may provide to certain civilian and mili-
tary 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 sub-
section-
"(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 sub-
sections (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. The Director of the National Security Agency, on behalf
of the Secretary of Defense, may, without regard to section
4109(a)(2XB) of title 5, United States Code, pay travel, transporta-
tion, 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
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year or longer which involves cryptologic training, language train-
ing, or related disciplines.
"SEC. 11. The Administrator of General Services, upon the appli-
cation 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 Di-
rector of such Agency) which are under the administration and con-
trol 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 crimi-
nal jurisdiction. ".
(2) 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' ".
(b) Any individual who is liable to the United States for any over-
payment 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 deter-
mined 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. (a) The Central Intelligence Agency Act of 1949 (50
U.S.C. 403a-403j) is amended by adding at the end thereof the fol-
lowing new section:
"AUTHORITY TO PAY DEATH GRATUITIES
"SEC. 11. (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 pay-
ments authorized by section 14 of the Act of August 1, 1956 (22
U.S.C. 2679a). "
(b)(1) Chapter 75 of title 10, United States Code, relating to death
benefits, is amended by adding at the end thereof the following new
section:
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"? 1489. 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 intel-
ligence 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 pay-
ments authorized by section 14 of the Act of August 1, 1956 (22
U.S.C. 2679a). ".
(2) The table of sections at the beginning of such chapter is
amended by adding at the end thereof the following new item:
`Sec. 1489. Death gratuity: members and employees dying outside the United States
while assigned to intelligence duties. '.
SPECL4L PROVISIONS RELATING TO THE WELFARE OF PERSONNEL OF
THE CENTRAL INTELLIGENCE AGENCY
SEC. 404. The Central Intelligence Agency Act of 1949 is amended
by adding after section 11 (as added by section 403(a)) the following
new section:
"AUTHORITY TO ACCEPT GIFTS, DEVISES, AND BEQUESTS
"SEC. 12. (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 wel-
fare, education, or recreation of employees or dependents of employ-
ees of the Agency or for similar purposes, and under no circum-
stances 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 expendi-
ture not to be met from the gift itself or from income produced by
the gift unless such expenditure has been authorized by law.
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"(b) Unless otherwise restricted by the terms of the gift, the Direc-
tor 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 sec-
tion, 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 be-
quest or devise. ".
AUTHORITY TO REMEDY UNJUSTIFIED PERSONNEL ACTIONS
SEC. 405. (a) 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 mon-
etary or other relief (including reinstatement and promotion) as the
Director considers appropriate in the interest of fairness.
(b) Any action of the Director under this section is not reviewable
in any other forum or in any court.
(c) The authority of the Director to make payments under subsec-
tion (a) is effective only to the extent that appropriated funds are
available for that purpose.
GRANTING OF ADVANCED DEGREE AT DEFENSE INTELLIGENCE SCHOOL
SEC. 406. (a) 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
"sec.
"2161. Defense Intelligence School: master of science of strategic intelligence.
"?2161. 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 recom-
mendation 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. ".
(b) 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:
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"108. Granting of Advanced Degrees at Department of Defense Schools........... 2161 ".
CONGRESSIONAL OVERSIGHT OF INTELLIGENCE ACTIVITIES
SEC. 407. (a) Section 662 of the Foreign Assistance Act of 1961 (22
U.S.C. 2422) is amended-
(1) by striking out "(a)" before "No funds";
(2) 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 consid-
ered a significant anticipated intelligence activity for the pur-
pose of section 501 of the National Security Act of 1947.and
(3) by striking out subsection (b). -
(b)(1) 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
"CONGRESSIONAL OVERSIGHT
"SEC. 501. (a) To the extent consistent with all applicable authori-
ties 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 unauthor-
ized disclosure of classified information and information relating to
intelligence sources and methods, the Director of Central Intelli-
gence 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 en-
gaged in by, or are carried out for or on behalf of, any depart-
ment, agency, or entity of the United States, including any sig-
nificant anticipated intelligence activity, except that (A) the
foregoing provision shall not require approval of the intelli-
gence committees as a condition precedent to the initiation of
any such anticipated intelligence activity, and (B) if the Presi-
dent determines it is essential to limit prior notice to meet ex-
traordinary circumstances affecting vital interests of the United
States, such notice shall be limited to the chairman and rank-
ing minority members of the intelligence committees, the Speak-
er and minority leader of the House of Representatives, and the
majority and minority leaders of the Senate;
"(2) furnish any information or material concerning intelli-
gence 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 fail-
ure and any corrective action that has been taken or is planned
to be taken in connection with such illegal activity or failure.
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"(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 intelli-
gence, 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 es-
tablish such procedures as may be necessary to carry out the provi-
sions 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 unau-
thorized disclosure all classified information and all information
relating to intelligence sources and methods furnished to the intelli-
gence committees or to Members of the Congress under this section.
In accordance with such procedures, each of the intelligence com-
mittees 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 at-
tention of such House or such committee or committees.
"(e) Nothing in this Act shall be construed as authority to with-
hold 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. ".
(2) The table of contents at the beginning of such Act is amended
by adding at the end thereof the following.?
"TITLE V-ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
"Sec. 501. Congressional oversight.":
SEc. 408. Appropriations authorized by this Act for salary, pay, re-
tirement, 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.
And the House agree to the same.
That the Senate recede from its disagreement to the amendment
of the House to the title of the bill and agree to the same.
EDWARD P. BOLAND,
BILL D. BURLISON,
CLEMENT J. ZABLOCKI,
NORMAN Y. MINETA,
J. K. ROBINSON,
G. WILLIAM WHITEHURST,
For consideration of matters within the jurisdiction of
the Armed Services Committee under clause 1(c) of Rule
X:
MELVIN PRICE,
RICHARD H. ICHORD,
BOB WILSON,,
Solely for consideration of such provisions of sections 408
and 409 and modifications thereof as fall within the juris-
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diction of the Foreign Affairs Committee under clause 1(h)
of Rule X:
For consideration of
Services Committee:
DANTE B. FASCELL,
WM. S. BROOMFIELD,
EDWARD J. DERWINSKI,
Managers on the part of the House.
BIRCH BAYH,
ADLAI E. STEVENSON,
WALTER D. HUDDLESTON,
DANIEL K. INOUYE,
HENRY M. JACKSON,
DANIEL PATRICK MOYNIHAN,
JOSEPH R. BIDEN, Jr.,
BARRY GOLDWATER,
CHARLES MCC. MATHIAS, Jr.,
JOHN H. CHAFEE,
MALCOLM WALLOP,
DAVID DURENBERGER,
RICHARD G. LUGAR,
matters of. interest to the Armed
SAM NUNN,
Managers on the part of the Senate.
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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF
CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendments of the House to the bill (S. 2597) to authorize appro-
priations for fiscal year 1981 for intelligence activities of the
United States Government, the Intelligence Community Staff and
the Central Intelligence Agency Retirement and Disability System,
and for other purposes, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompany-
ing conference report:
The House amendment to the text of the bill struck out all of the
Senate bill after the enacting clause and inserted a substitute text.
The Senate recedes from its disagreement to the amendment of
the House with an amendment which is a substitute for the Senate
bill and the House amendment. The differences between the Senate
bill, the House amendment, and the substitute agreed to in confer-
ence are noted below, except for clerical corrections, conforming
changes made necessary by agreements reached by the conferees,
and minor drafting and clarifying changes.
TrrLE I-INTELLIGENCE ACTIVITIES
Due to the classified nature of intelligence and intelligence-relat-
ed activities, a classified annex to this joint explanatory statement
serves as a guide to the classified Schedule of Authorizations by
providing a detailed description of program and budget authority
contained therein as reported by the Committee of Conference.
The actions of the conferees on all matters at difference between
the two Houses as stated in such classified annexes and supple-
ment are shown below or in the classified annex to this joint state-
ment.
In view of the differences in committee jurisdiction between the
two Houses over intelligence-related activities (IRA), the differ-
ences in IRA programs between the House and Senate were re-
solved by a special conference group. This group consisted of mem-
bers of the House and Senate Committees on Armed Services and
the House Permanent Select Committee on Intelligence.
The amounts listed for IRA represent the funding levels jointly
agreed to by the IRA conferees and the house and Senate conferees
for the Department of Defense Authorization Act, 1981, for those
programs subject to annual authorization and contained in the De-
partment of Defense Authorization bill. In addition, the IRA con-
ferees have agreed on the authorization level, as listed in the clas-
sified Schedule or Authorizations, the joint statement and its classi-
fied annex for IRA programs which fall into the appropriation cate-
gories of Military Pay, Operations and Maintenance, Other Pro-
curement, and Military Construction.
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Section 103 of the House amendment provided that each individ-
ual ceiling established specifically in the Schedule of Authoriza-
tions will be a limitation on obligation and expenditure except by
notification of the appropriate committees of Congress. The Senate
bill contained no similar provision.
The Senate agreed to the House provision.
Section 105 of the House amendment authorized appropriations
of $11,400,000 for the counterterrorism activities of the Federal
Bureau of investigation. The Senate bill contained no such specific
provision.
The Senate agreed to the House provision.
CONFERENCE ACTIONS, FISCAL YEAR 1981 (SEC. 201)
[In millions of dollars]
Fiscal year 1981
budget request r
Conference
authorization
External contracts ................................................................... 2.6 -0.7 ............................ 1.9
Not subject to conference ....................................................... 15.9 ........................................................ 15.9
Total IC Staff funding ................................................ 18.5 -0.7 ............................ 17.8
I As amended Apr. 14, 1980.
The Senate agreed to the House position which provides for a re-
duction of $700,000 for Intelligency Community Staff external con-
tracts.
TITLE III-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
There was no conference difference to be resolved on title III.
Both the House and the Senate authorized $55,300,000, the amount
requested.
FUND TRANSFERS BY THE SECRETARY OF DEFENSE (SEC. 401)
The Senate bill contained a provision (Sec. 403) amendirg Chap-
ter 4, Title 10, United States Code, authorizing the Department of
Defense to use funds authorized and appropriated to the Depart-
ment to pay expenses of arrangements with foreign countries for
cryptologic support. The House amendment (Sec. 402) provided for
similar authority during fiscal year 1981 only.
The conferees agreed to the Senate languange with minor draft-
ing changes.
ADMINISTRATIVE PROVISIONS RELATING TO THE NATIONAL SECURITY
AGENCY (SEC. 402)
The Senate bill contained a provision (Sec. 404) amending the
Act of May 29, 1959 (50 U.S.C. 402 note) providing certain adminis-
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trative authorities for the National Security Agency (NSA). The
Senate amendments would enable the Director of the NSA to lease
or rent facilities overseas for special cryptologic activities and for
housing for personnel assigned to such activities, to provide bene-
fits comparable to those of State Department and Central Intelli-
gency Agency to certain employees in special assignments overseas,
and to provide certain allowances to cryptologic personnel assigned
overseas for long term training. This section of the Senate bill also
contained an authorization to waive any claims by the united
States for overpayments made to cryptologic personnel previously
assigned overseas for long term training and relieves those employ-
ees of liability for any claim based on such overpayment.
The House 'amendment (Sec. 403 and Sec. 404) provided for simi-
lar authority to the Director of the NSA during fiscal year 1981.
The conferees agreed to revised language incorporation similar
authorities contained in both the House and Senate versions.
The Senate bill (Sec. 405) and House amendment (Sec. 404) also
contained a provision authorizing the Administrator of the General
Services Administration (GSA) to provide police protection for cer-
tain NSA installations in the same manner as Federal Protective
Service police protect federal buildings under the control of GSA.
The House amendment limited this authority to fiscal year 1981.
The conferees agreed to the House language without the single
fiscal year limitation. The conference report appends all the above
mentioned provisions to, and provides a new title for, the Act of
May 29, 1959 (50 U.S.C. 402).
AUTHORITY TO PAY DEATH GRATUITIES (SEC. 403)
Section 406 of the Senate bill authorized payment of a death gra-
tuity to dependents of employees of the Central Intelligence
Agency and the National Security Agency who die as a result of
injuries sustained outside the United States when it has been de-
termined that death resulted from hostile or terrorist action, or oc-
curred in connetion with an intelligency activity having a substan-
tial element of risk.
The House amendment (Sec. 406) contained similar authority for
fiscal year 1981, but included in addition to survivors of Central In-
telligence Agency employees, survivors of all Department of De-
fense officers or employees or members of the Armed Forces as-
signed to and serving undercover in an intelligence component of
the Department of Defense, or engaged in clandestine intelligence
activities involving a substantail element of risk.
The conferees agreed to the House language without the single
fiscal year, limitation, amended the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403a-403j) and Chapter 75 of Title 10, United
States Code, to provide death gratuity payment authority for Cen-
tral Intelligence Agency and Department of Defense personnel,
respectively.
The conferees wished to reemphasize that death gratuities of the
type authorized by the conference report are intended to be in ad-
dition to any other pension, health insurance or other death re-
lated payments made by the Federal Government, but are not
meant to be in addition to other lump-sum death gratuities unre-
lated to the above type payments. The intent of new section 11(b)(2)
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of the Central Intelligence Agency Act and new section 1489(b)(2) 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.
AUTHORITY TO REMEDY UNJUSTIFIED PERSONNEL ACTIONS (SEC. 405)
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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PRESIDENTIAL FINDINGS AND CONGRESSIONAL OVERSIGHT FOR
INTELLIGENCE ACTIVITIES (SEC. 407)
The Senate bill contained provisions (Sec. 408 and Sec. 409) pro-
viding for comprehensive oversight of all intelligence activities by
the intelligence committees of the House and Senate, including a
revision of the so-called Hughes-Ryan amendment to the Foreign
Assistance Act (22 U.S.C. 2224) which requires reporting to Con-
gress of certain CIA activities conducted abroad.
The House bill contained no comparable provisions.
The congressional oversight provisions of the Senate bill estab-
lish a permanent statutory basis for the oversight procedures that
have been developed by the select committees and the executive
branch over the past four years. They are predicated on two gen-
eral principles. The first is respect for the authorities and duties of
both the Congress and the executive branch, including the constitu-
tional authorities of each branch. The second is the duty of both
branches through mutual consultation to ensure that sensitive in-
formation is securely handled so that the interests of the United
States are protected.
Both of these principles are to be taken into account as limita-
tions on the obligations imposed by the statute. For example, the
statute would not preclude an executive branch assertion of consti-
tutional authority to take actions to defend the nation, nor does
the statute limit the congressional power of inquiry under the Con-
stitution. Moreover, since both branches agree upon their duty to
protect intelligence sources and methods, the select committees
haave worked out procedures and practices under which by agree-
ment certain information is usually not sought by the committees.
Examples of such information may include the identities of agents
or other sources of intelligence collection.
It is agreed by both the committees and the executive branch
that the protection of intelligence sources and methods is not to be
used as a device to place one branch in a position of advantage. By
agreement both branches recognize that particular circumstances
will require the exercise of unusual care and discretion. The protec-
tion of sources and methods is a means to protect the vital inter-
ests of the U.S. and is not an end in itself. Consequently, over the
past four years the intelligence oversight committees have con-
sulted with the executive branch to determine those areas where,
on the basis of past experience and a reasonable sense of future
needs, there might be good and sufficient reason to withhold infor-
mation when some compelling reasons arise from extraordinary
circumstances where the vital interests of the U.S.. are involved.
The clear intent of these two principles is to ensure that the le-
gitimate concerns of both branches and the interests of the nation
as a whole are respected. Neither the executive branch nor the leg-
islative branch is giving up any powers, authorities or rights it
may have; rather, both branches recognize the powers, rights, au-
thorities and duties of the other. Through this legislation there are
established procedures by which both branches may carry out their
separate and joint responsibilities and duties to protect the nation
through the use of intelligence information.
Four duties are imposed upon executive branch officials. First,
they are to keep the select committees "fully and currently in-
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formed" of intelligence activities.' Second, they are to provide ad-
vance information to the select committees regarding "significant
anticipated intelligence activities," such as covert operations and
certain other intelligence activities specified in consultation with
the executive branch. Third, they are to furnish any information or
material. concerning intelligence activities requested by the select
committees in order to carry out the select committees authorized
responsibilities. Fourth, they are to provide timely reports on il-
legal intelligence activities and significant intelligence failures.
Provision is also made for procedures to be followed in those
rare, extraordinary and compelling circumstances when advance
information might be withheld from the select committees. If the
President determines it is essential to limit prior notice to meet ex-
traordinary circumstances affecting vital national interests, such
prior notice is to be given to eight congressional leaders. If prior
notice of a covert operation is not given, the president must fully
inform the select committees in a timely fashion and provide a
statement of the reasons for not giving prior notice.
The statute authorizes the President and the select committees
to establish the procedures necessary for carrying out these re-
quirements. In addition, each House is to establish procedures for
protecting sensitive information furnished under the statute from
unauthorized disclosure, and for notifying each House and other
appropriate committees of matters requiring their attention.
Concern was expressed by the House conferees that the provi-
sions for the protection of information from "unauthorized disclo-
sure" might be construed as authority to withhold information
from the select committees on the grounds that providing the infor-
mation to the select committees would constitute unauthorized dis-
closure of classified information or information relating to intelli-
gence sources and methods. Therefore, a final provision is included
to make clear that nothing in the statute may be construed in such
a manner.
As stated in the report to accompany S. 2284, a separate Senate-
passed bill the provisions of which are identical to the Senate over-
sight provisions (S. Rept. 96-730), the select committees "are au-
thorized to receive such information." The authority of the select
committees to receive highly sensitive information is reflected in
other contexts as well. For example, the recently reported House
and Senate versions of the Intelligence Identities Protection Act,
which provides criminal penalties for disclosing identities of covert
agents to any individual not authorized to receive classified infor-
mation, defines the term "authorized" to include "having authori-
ty, right, or permission pursuant to the provisions of . . . any rule
of the House of Representatives or resolution of the Senate which
assigns responsibility within the respective House of Congress for
the oversight of intelligence activities." The conferees expect that
mutual agreement on the need to protect vital intelligence sources
and methods may result in decisions that certain information, such
as the identities of covert agents, need not be furnished to the
select committees in particular circumstances. Although differ-
ences have occasionally arisen under the current procedures, and
' The conferees agree that the term "intelligence activities" is intended to encompass the full
range of intelligence and intelligence-related activities within the jurisdiction of the two select
committees.
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may arise on future occasions after the enactment of this statute, it
is the view of the conferees that, as in the past such differences
must be resolved on the basis of comity and mutual understanding.
Moreover, both branches agree that the select committees continue
to have the right to obtain information they require by subpoena.
As stated in the Senate report accompanying S. 2284, the statute
does not provide a statutory right to withhold information from
Congress when subpoenaed by Congress.
The House agreed to the Senate provision with an amendment.
TITLE OF THE BILL
The conferees agreed to the title of the House bill which reads:
An Act to authorize appropriations for fiscal year 1981 for the in-
telligence 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.
EDWARD P. BoLAND,
BILL D. BURLISON,
CLEMENT J. ZABLOCKI,
NORMAN Y. MINETA,
J. K. ROBINSON,
G. WILLIAM WHITEHURST,
For consideration of matters within the jurisdiction of
the Armed Services Committee under clause 1(c) of Rule
X:
MELVIN PRICE,
RICHARD H. IcxoRD,
BOB WILSON,
Solely for consideration of such provisions of sections 408
and 409 and modifications thereof as fall within the juris-
diction of the Foreign Affairs Committee under clause 1(h)
of Rule X:
DANTE B. FASCELL,
WM. S. BROOMFIELD,
EDWARD J. DERWINSKI,
Managers on the part of the House.
BIRCH BAYH,
ADLAI E. STEVENSON,
WALTER D. HUDDLESTON,
DANIEL K. INOUYE,
HENRY M. JACKSON,
DANIEL PATRICK MOYNIHAN,
JOSEPH R. BIDEN, Jr.,
BARRY GOLDWATER,
CHARLES MCC. MATHIAS, Jr.,
JOHN H. CHAFEE,
MALCOLM WALLOP,
DAVID DURENBERGER,
RICHARD G. LUGAR,
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For consideration of matters of interest to the Armed
Services Committee:
SAM NUNN,
Managers on the part of the Senate.