PROPOSED LANGUAGE TO CLARIFY NIESO'S LEGAL STATUS AND AUTHORITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000200170009-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 44
• Document Creation Date: December 21, 2016
• Document Release Date: August 27, 2008
• Sequence Number: 9
• Publication Date: February 13, 1984
• Content Type: MEMO

A
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OGC 84-1532
13 February 1984
MEMORANDUM FOR:
FROM:
SUBJPCT:
LL/ICS
Assistant General. Counsel
Proposed Language to Clarify NIESO's Legal
Status and Authorities
to
25X1
1. Recently at a-morning staff meting of the- Director,
Intelligence Community Staff, we discussed the possibility of
proposing language for inclusion in the classified annex for
the FY 85 Intelligence Authorization Act t() clarify .NIFSO's
legal authorities. Attached (Tab A) is language prepared in
this office. Also attached (Tab B) is a background meaorrandum
providing our rationale.
2. As have discussed, at the request of I.
am forwarding this material to you for appropriate act-.ion.
Please let. we know if you need any further information or
assistance.
cc: DD/ICS
D/OL1, /
D/NIESO
25X1
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to the
Personnel are subject
and P amended, the Central
NIESP ac~tivitieS A t of 1947, as and other
ency Act of 1949, as amended, cable
cyational Security
intelligence Ag rders, and directives aPPl' nel
executive o activities and person
ttatutes,
to C:C1~ in the same manner as
of the CIAP.
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 25X1
25X1
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t- y AJ 41, ""
8 February 1984
OLL 84-0468
General Counsel
Director, Intelligence Community Staff
Chairman, Security Committee
Chief, Legislation Division
Office of Legislative Liaison
SUBJECT: Draft Fiscal Year 1985 Intelligence
Authorization Bill
1. Attached is a copy of the draft Fiscal year 1985
Intelligence Authorization Bill, which was sent to the Office
of Management and Budget (OMB) on 3 February 1984.
2. You will note that the two proposals addressing
unauthorized disclosures of classified information contained in
the earlier draft submitted for your review have been omitted
in the bill which was transmitted to OMB. Given the current
atmosphere on the Hill with respect to NSDD 84, the fact that
neither of these proposals has virtually any chance of being
ultimately enacted into law in this session of Congress, and
that any possible leak of these proposals could result in
considerable unfavorable media exposure and criticism of the
Agency as the sponsor of these legislative initiatives, a
decision was made to omit these two proposals from the attached
draft Authorization Bill.
3. I welcome any further comments you may have with
respect to the remainder of the attached draft Authorization
Bill.
DISTRIBUTION:
Original - Addressee
1 - OLL Chrono
y1' - LEG File: FY 85 Inte. Audi.
1 - SWH Signer
1 - D/OLL
1 - ID/OLL
SWH:csh (8 February 1984)
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Ccntral Intdh nce AFmy
OLL 84-0469
8 February 1984
Jon Anderson
General Counsel
National Security Agency
Ft. George G. Meade, MD 20755
Enclosed is an advance copy of the draft Fiscal Year 1985
Intelligence Authorization Bill, which was sent to the Office
of Management and Budget (OMB) last Friday, 3 Friday 1984.
I thought you would like to have an opportunity to review this
Bill before it is provided to you through the formal OMB
clearance process.
As you know, we decided to omit from the Bill your proposal
providing civil remedies for the unauthorized disclosure of
signals intelligence information. Given the current atmosphere
on the Hill with regard to NSDD 84, the fact that this proposal
has virtually no chance of ultimately being enacted into law in
this session of Congress, and that any possible leak of this
proposal could result in considerable unfavorable media
exposure and criticism of the Intelligence Community as the
sponsor of this legislative initiative, a decision was made to
omit this proposal from the enclosed draft Authorization Bill.
I welcome any additional comments you may have with respect
to the remainder of the enclosed Bill.
Sincerely,
Chief, Legislation Division
Office of Legislative Liaison
Enclosure
DISTRIBUTION:
Original - Addressee
I,- OLL Chrono
%1 - LEG File: FY 85 Intel. Auth.
1 - SJH Signer
1 - D/OLL
1 - DD/OLL
SWH:csth (8 February 1984)
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VI I
Central Intdl" Agency
OLL 84-0535
7 February 1984
Mr. Ronald K. Peterson
Chief
Resources-Defense-International Branch
Office of Management and Budget
Washington, D.C. 20503
Enclosed is a copy of the draft Fiscal Year 1985
Intelligence Authorization Bill which was delivered on
3 February 1984 to the Office of Management and Budget under a
letter from the Director of Central Intelligence to Director
Stockman.
I will be happy to discuss any of the provisions contained
in this draft Bill with you at your convenience.
Sincerely,
Chief, Legislation Division
Office of Legislative Liaison
DISTRIBUTION:
Original - Addressee
I - OLL Chrono (w/o attach)
vi - LEG File: FY 85 Intel. Auth.
1 - SWH Signer (w/o attach)
1 D/OLL (w/o attach)
1 - DD/OLL (w/o attach)
SWH: csh (7 February 1984)
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c, Jf
Central Intdkgerxc Agency
Ms. Tracey Cole Lawler
Legislative Analyst
Office of Management and Budget
Washington, D.C. 20503
OLL 84-0534
7 February 1984
Dear Tracey:
Enclosed is a copy of the draft Fiscal Year 1985
Intelligence Authorization Bill which was delivered on
3 February 1984 to the Office of Management and Budget under a
letter from the Director of Central Intelligence to ^irector
Stockman.
I will be happy to discuss any of the provisions contained
in this draft Bill with you at your convenience.
Sincerely,
Chief, Legislation Division
Office of Legislative Liaison
DISTRIBUTION:
Original - Addressee
- OLL Chrono (w/o
attach)
-'1 - LEG File:
FY 85
Intel. Auth.
1 - SWH Signer
(w/o
attach)
1 - D/OLL
(w/o attach)
1 - DD/OLL
(w/o attach)
SWH:csh (7 February 1984)
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OLL 84-0380
1 February 1984
MEMORANDUM FOR: Director of Central Intelligence
Deputy Director of Central Intelligence
FROM: Clair E. George
Director, Office of Legislative Liaison
SUBJECT: Draft Fiscal Year 1985 Intelligence
Authorization Bill
1. Attached at Tab A for your signature is a letter to
Office of Management and Budget (OMB) Director David A.
Stockman transmitting the draft Intelligence Authorization Bill
for Fiscal Year 1985. Attached at Tab B is a copy of the draft
Bill. Comments were received from a number of Agency
components concerning an earlier draft of this bill and these
comments have been incorporated in the revised version attached
at Tab B, which will be transmitted to OMB for review and
approval.
2. The vast majority of the comments received from Agency
components concerned two proposals which addressed the
unauthorized disclosure of classified information. One of
these proposals was designed to facilitate the criminal
prosecution of Government employees and officers who provide
classified information to individuals who are not authorized to
receive such information. The second proposal was a National
Security Agency (NSA) initiative which provided civil remedies
for the unauthorized disclosure of signal intelligence
information. Given the current atmosphere on the Hill with
respect to NSDD 84, the fact that neither of these proposals
has virtually any chance of being ultimately enacted into law
in this session of Congress, and that any possible leak of
these proposals could result in considerable unfavorable media
exposure and criticism of the Agency as the sponsor of these
legislative initiatives, we have omitted these two proposals
from the attached draft Authorization Bill. The Office of
General Counsel (OGC) concurs in this decision.
3. With respect to the above criminal provision addressing
unauthorized disclosures, you will recall that we obtained OMB
clearance for this same proposal during last year's
authorization process. Because OMB approval for this
initiative was obtained last year, this provision can easily be
reinserted in the Authorization Bill or separately pursued as a
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free-standing bill apart from the authorization process if
there is a change in Congressional mood,with respect to NSDD 84
and the leaks area. As to the above NSA proposal, NSA is still
free to seek OMB clearance for this proposal as a free-standing
initiative rather than as part of the Authorization Bill.
4. With respect to the attached draft Bill, Titles
I through III and Title VII of this Bill are, for the most
part, routine in nature and similar to comparable provisions
contained in the Fiscal Year 1984 Authorization Act. Title IV,
which provides for the modification of certain naturalization
requirements, is an initiative which was included in last
year's Authorization Bill and approved by OMB. Title V
provides certain needed technical amendments to the Classified
Information Procedures Act. Title VI contains two legislative
initiatives which were included at various stages in last
year's Authorization Bill. These proposals address executive
level schedule increases for the Director of Central
Intelligence and Deputy Director of Central Intelligence and
the avoidance of penalties for mandatory retirement prior to
age 62. Title VI also contains three new proposals drafted by
OGC which make clear that Agency personnel, security and other
administrative actions are not subject to laws having general
Government-wide application such as the Administrative
Procedures Act; which specifically authorize Agency employees
to testify in alias when their employment relationship with the
Government is classified and the fact of such employment is not
material to the litigation at issue; and which authorize the
Agency to exercise certain security-related powers which may be
delegated by the General Services Administration to the Agency
to protect Agency facilities.
5. As you know, the Agency at this stage in the
authorization process is simply attempting to obtain
Administration clearance for the attached proposals. By
obtaining such clearance, we are not committed or otherwise
obligated to pursue any of these initiatives, or to incorporate
these proposals in the final draft Authorization Bill which is
submitted to Congress.
Clair E. George
Attachments
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Central intelligence Agency
2 February 1984
The Honorable David A. Stockman
Director
Office of Management and Budget
Washington, D.C. 20503
Dear Mr. Stockman:
In accordance with Office of Management and Budget Circular
No. A-19 (revised), I am submitting proposed legislation for
your advice as to whether it is in accord with the President's
program. Enclosed are ten copies of the proposed "Intelligence
Authorization Act for Fiscal Year 1985," with accompanying
draft letters of transmittal to the President of the Senate and
to the Speaker of the House of Representatives.
The Fiscal Year 1985 Intelligence Authorization Act was
identified as proposal number 98/2-2 in the proposed Central
Intelligence Agency and Intelligence Community Legislative
Program for the second session of the ninety-eighth Congress
which was recently forwarded to your Office with the
consolidated National Foreign Intelligence Program budget. The
basic provisions of the proposed Fiscal Year 1985 Intelligence
Authorization Act are similar in substance to those contained
in the Fiscal Year 1984 Act. You will recall that Title IV of
this proposed bill entitled "Modification of Certain
Naturalization Requirements," was approved by the Office of
Management and Budget last year for inclusion in the Fiscal
Year 1984 Authorization Bill to be submitted to Congress.
Additional provisions are explained in a detailed
section-by-section analysis.
I would be most appreciative of your assistance in securing
prompt clearance of this proposed legislation.
William J. as y
Director of Central telligerice
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These letters (to O'Neill and Bush)
were inadvertently signed by
Mr. Casey, they were just to be
attachments to Mr. Stockman's letter,
not to be signed and sent.
Therefore, new unsigned copies have
been made which are to be inserted
where the signed letters are.in
the entire package (OLL 84-0380
dated 1 Feb 84, and ER 84-574/1-2
dated 1 Feb 84).
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Central IntdligFnce Agency
The Honorable George Bush
President of the Senate
Washington, D.C. 20510
This letter transmits for the consideration of the Congress
a proposed "Intelligence Authorization Act for Fiscal Year
1985".
To continue the progress which the Executive and
Legislative Branches have taken together toward revitalization
of our nation's Intelligence Community, sufficient resources in
Fiscal Year 1985 must be provided to ensure availability of the
intelligence capabilities needed to meet the challenges of both
today and the future. I am confident that the Congress will
provide the sources needed to continue the progress which we
have sought together.
The proposed Intelligence Authorization Act is accompanied
by a detailed section-by-section explanation. Timely
consideration of the "Intelligence Authorization Act for Fiscal
year 1985" would be most welcome. The Office of Management and
Budget has advised that enactment of this proposed legislation
would be in accordance with the President's program.
Sincerely,
William J. Casey
Director of Central Intelligence
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Central Intdligaxe Agency
The Honorable Thomas P. O'Neill, Jr.
Speaker of the House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
This letter transmits for the consideration of the Congress
a proposed "Intelligence Authorization Act for Fiscal Year
1985."
To continue the progress which the Executive and
Legislative Branches have taken together toward revitalization
of our nation's Intelligence Community, sufficient resources in
Fiscal Year 1985 must be provided to ensure the availability of
the intelligence capabilities needed to meet the challenges of
both today and the future. I am confident that the Congress
will provide the resources needed to continue the progress
which we have sought together.
The proposed Intelligence Authorization Act is accompanied
by a detailed section-by-section explanation. Timely
consideration of the "Intelligence Authorization Act for Fiscal
Year 1985" would be most welcome. The Office of Management and
Budget has advised that enactment of this proposed legislation
would be in accordance with the President's program.
Sincerely,
William J. Casey
Director of Central Intelligence
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Central Intelligence AgFncy
2 February 1984
The Honorable Thomas P. O'Neill, Jr.
Speaker of the House of Representatives
Washington, D.C. 20515
Dear Mr. Speaker:
This letter transmits for the consideration of the Congress
a proposed "Intelligence Authorization Act for Fiscal Year
1985."
To continue the progress which the Executive and
Legislative Branches have taken together toward revitalization
of our nation's Intelligence Community, sufficient resources in
Fiscal Year 1985 must be provided to ensure the availability of
the intelligence capabilities needed to meet the challenges of
both today and the future. I am confident that the Congress
will provide the resources needed to continue the progress
which we have sought together.
The proposed Intelligence Authorization Act is accompanied
by a detailed section-by-section explanation. Timely
consideration of the "Intelligence Authorization Act for Fiscal
Year 1985" would be most welcome. The Office of Management and
Budget has advised that enactment of this proposed legislation
would be in accordance with the President's program.
William J. C
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Central Intelligence Agency
2 February 1984
The Honorable George Bush
President of the Senate
Washington, D.C. 20510
This letter transmits for the consideration of the Congress
a proposed "Intelligence Authorization Act for Fiscal Year
1985".
To continue the progress which the Executive and
Legislative Branches have taken together toward revitalization
of our nation's Intelligence Community, sufficient resources in
Fiscal Year 1985 must be provided to ensure availability of the
intelligence capabilities needed to meet the challenges of both
today and the future. I am confident that the Congress will
provide the sources needed to continue the progress which we
have sought together.
The proposed Intelligence Authorization Act is accompanied
by a detailed section-by-section explanation. Timely
consideration of the "Intelligence Authorization Act for Fiscal
year 1985" would be most welcome. The Office of Management and
Budget has advised that enactment of this proposed legislation
would be in accordance with the President's program.
William J. Ca
Director of Central Ir4t/elligende
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0 IF
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To authorize appropriations for fiscal year 1985 for
intelligence 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 Authorization Act for
Fiscal Year 1985".
TITLE I - INTELLIGENCE ACTIVITIES
Authorization of Appropriations
SEC. 101. Funds are hereby authorized to be appropriated
for fiscal year 1985 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Central Intelligence Agency;
(2) The Intelligence Community Staff;
(3) The Department of Defense;
(4) The Defense Intelligence Agency;
(5) The National Security Agency;
(6) The Department of the Army, the Department of the
Navy, and the Department of the Air Force;
(7) The Department of State;
(8) The Department of the Treasury;
(9) The Department of Energy; and
(10) The Federal Bureau of Investigation.
Classified Schedule of Authorizations
SEC. 102. The amounts authorized to be appropriated under
section 101, and the authorized personnel ceilings as of
September 30, 1985, for the conduct of the intelligence and
intelligence-related activities of the elements listed in such
section, are those specified in the classified Schedule of
Authorizations prepared by the committee of conference to
accompany [ I of the Ninety-Eighth Congress. That
Schedule of Authorizations shall be made available to the
Committee 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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Congressional Notification of Expenditures
in Excess of Program Authorizations
SEC. 103. During fiscal year 1985, funds may not be made
available for any intelligence or intelligence-related activity
unless such funds have been specifically authorized for such
activity or, in the case of funds appropriated for a different
activity, unless the Director of Central Intelligence or the
Secretary of Defense has notified the appropriate committees of
Congress of the intent to make such funds available for such
activity, except that, in no case may reprogramming or transfer
authority be used by the Director of Central Intelligence or
the Secretary of Defense unless for higher priority
intelligence or intelligence-related activities, based on
unforeseen requirements, than those for which funds were
originally authorized, and in no case where the intelligence or
intelligence-related activity for which funds were requested
has been denied by Congress.
Personnel Ceiling Adjustments
SEC. 104. The Director of Central Intelligence may
authorize employment of civilian personnel in excess of the
numbers authorized for the fiscal year 1985 under sections 102
and 202 of this Act when he determines that such action is
necessary to the performance of important intelligence
functions, except that such number may not, for any element of
the Intelligence Community, exceed 2 per centum of the number
of civilian personnel authorized under such sections for such
element. The Director of Central Intelligence shall promptly
notify the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate whenever he exercises the authority
granted by this section.
TITLE II - INTELLIGENCE COMMUNITY STAFF
Authorization of Appropriations
SEC. 201. There is authorized to be appropriated for the
Intelligence Community Staff for fiscal year 1985 the sum of
$21,827,000.00.
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Authorization of Personnel End-Strength
SEC. 202. The Intelligence Community Staff is authorized
two hundred and thirty two (232) full-time personnel as of
September 30, 1985. Such personnel of the Intelligence
Community Staff may be permanent employees of the Intelligence
Community Staff or personnel detailed from other elements of
the United States Government.
(b) During fiscal year 1985, 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.
(c) During fiscal year 1985, any officer or employee of
the United States or a 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 nonreimburseable basis for a period
of less than one year for the performance of temporary
functions as required by the Director of Central Intelligence.
Intelligence Community Staff Administered
in Same Manner as Central Intelligence Agency
SEC. 203. During fiscal year 1985, 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-403n) in the same manner as activities
and personnel of the Central Intelligence Agency.
TITLE III - CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
Authorization of Appropriations
SEC. 301. There is authorized to be appropriated for the
Central Intelligence Agency Retirement and Disability Fund for
fiscal year 1985 the sum of $99,300,000.
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TITLE IV - MODIFICATION OF CERTAIN
NATURALIZATION REQUIREMENTS
Immigration and Nationality Act Amendment
SEC. 401. Section 316 of the Immigration and Nationality
Act (8 U.S.C. 1427) is amended by adding at the end thereof the
following new subsection:
"(g) Whenever the Director of Central Intelligence
determines that a petitioner otherwise eligible for
naturalization has made a significant contribution to the
national security or to the national intelligence mission,
and the Attorney General and the Commissioner concur, the
petitioner may be naturalized without regard to the
residence and physical presence requirements of this
section, or to the prohibitions of Section 313 of this Act,
and no residence within the jurisdiction of the court shall
be required."
TITLE V - AMENDMENTS TO THE CLASSIFIED
INFORMATION PROCEDURES ACT
SEC. 501. (a) Section 3 (relating to protective orders)
of the Classified Information Procedures Act (Pub.L. 96-456,
18 U.S.C. App.) is amended by inserting "known by or in the
possession of any defendant or" after "classified information."
(b) Section 5(a) (relating to notice of defendant's
intention to disclose classified information) is amended to
read as follows:
"NOTICE BY DEFENDANT -- If a defendant reasonably
expects to disclose or to cause the disclosure of
classified information in any manner after an
indictment or in connection with any trial or pretrial
proceeding involving the criminal prosecution of such
defendant, the defendant shall, within the time
specified by the court or, where no time is specified,
within thirty days prior to trial, notify the attorney
for the United States and the court in writing. The
defendant shall file under seal with the court and
make available to the attorney for the United States a
brief description of the classified information.
Whenever a defendant learns of additional classified
information he reasonably expects to disclose at any
such proceeding, he shall notify the attorney for the
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United States and the court in writing as soon as
possible thereafter and shall file under seal with the
court and make available to the attorney for the
United States a brief description of the classified
information. No defendant shall disclose in any form
or manner, including publication, any information
known or believed to be classified after an indictment
or in connection with a trial or pretrial proceeding
until notice has been given under this subsection and
until the United States has been afforded a reasonable
opportunity to seek a determination pursuant to the
procedure set forth in section 6 of this Act, and
until the time for the United States to appeal such
determination under section 7 has expired or any
appeal under section 7 by the United States is
decided."
TITLE VI - ADMINISTRATIVE PROVISIONS RELATED
TO INTELLIGENCE AGENCIES
Compensation of Director and Deputy
Director of Central Intelligence
SEC. 601. (a) Section 5312 of title 5, United States
Code, is amended by adding at the end thereof the following:
"( ) Director of Central Intelligence."
(b) Section 5313 of title 5, United States Code, is
amended by inserting "Deputy" before "Director of Central
Intelligence."
(c) Section 5314 of title 5, United States Code, is
amended by striking out "Deputy Director of Central
Intelligence."
Avoidance of Penalty for Mandatory Retirement
Prior to Age 62
SEC. 602. Section 301 of the omnibus Budget Reconciliation
Act of 1982, Public Law 97-253, is amended as follows:
(1) Adding after subparagraph (A) of paragraph (a)(2)
the following new subparagraph: "(B) the individual
did not retire under the mandatory retirement
provisions of section 235 of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees
(50 U.S.C. 403 note);
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(2) Redesignating subparagraph (B) as subparagraph
(C) and subparagraph (C) as subparagraph (D); and
(3) Inserting in paragraph (c)(3) the word
"Retirement" following the word "Agency".
Protection of Cover for CIA Personnel
SEC. 603. Section 5 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403f) is amended by striking the last "and"
in subsection (e), by striking the period at the end of
subsection (f) and substituting in lieu thereof ";" and by
adding at the end thereof the following new subsection:
"(g) Take affirmative measures to preserve,
notwithstanding any other provision of law, the
confidentiality of the identity of any current or former
Agency officer or employee whose intelligence relationship
with the Government is classified pursuant to Executive
Order in the interests of national security. In accordance
with this subsection, the Agency is specifically authorized
to direct any of its current or former officers and
employees to testify in court proceedings under a pseudonym
which has been officially authorized by the Agency to be
used for this purpose and to otherwise use in such
proceedings identities or employment backgrounds devised by
the Agency to protect the confidentiality of its personnel,
if advance notification has been provided to the judge
alone, in chambers, and the judge determines that the true
name, identity, or employment background of a current or
former officer or employee is not material to the
particular proceedings. Any finding of materiality made by
a state court shall be removed to federal district court
for a determination of materiality upon motion of the
United States. Any finding of materiality made by a
federal district court, regardless of whether it concerns
litigation which was brought in a state court or in federal
district court, may be appealed by the United States on an
interlocutory basis to the appropriate federal court of
appeals; and"
CIA Performance of Security-Related Duties
SEC. 604. Section 5 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403f) is amended by adding at the end of
subsection (g) the following new subsection:
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"(h) Accept, notwithstanding section 102(d)(3) of the
National Security Act of 1947, a delegation from the
Administrator of General Services of authority to protect
persons and property with the powers set forth in
section 318 of Title 40, United States Code, and of
authority to promulgate rules and regulations for the
protection of property under Agency charge and control with
the powers set forth in section 318a of Title 40, United
States Code."
Administrative Discretion of the CIA
SEC. 605. The Central Intelligence Agency Act of 1949 is
amended by adding after Section 14 (50 U.S.C. 403n) the
following new section:
"S403o. ADMINISTRATIVE DISCRETION OF THE CIA. For
the purpose of any other law, actions taken by the Central
Intelligence Agency shall be deemed to be committed to the
discretion of the Central Intelligence Agency by law."
Restriction on Conduct of Intelligence Activities
SEC. 701. The authorization of appropriations by this Act
shall not 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.
Increases in Employee Benefits Authorized by Law
SEC. 702. 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.
Compliance with Section 607 of P.L. 93-344,
the Congressional Budget and Impoundment
Control Act of 1974
SEC. 703. There are authorized to be appropriated for
fiscal year 1986 such sums as may be necessary 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
Fund.
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INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 1985
SECTION-BY-SECTION ANALYSIS
AND EXPLANATION
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INTELLIGENCE ACTIVITIES
Section 101 lists the departments, agencies, and other
elements of the United States Government for whose intelligence
and intelligence-related activities the Act authorizes
appropriations for fiscal year 1985.
Section 102 makes clear that details of the amounts
authorized to be appropriated for intelligence and
intelligence-related activities and personnel ceilings covered
under this title for fiscal year 1985 are contained in a
classified Schedule of Authorizations. The Schedule of
Authorizations is incorporated into the Act by this section.
Section 103 requires that no funds may be appropriated or
otherwise made available through the exercise of transfer or
reprogramming authority unless specifically authorized or
accompanied by notification. It is understood that
specifically authorized intelligence activities are those
activities described in annual budget justification material as
modified by the Congress. The notification requirement is not
intended to apply to reprogrammings below agreed-to dollar
thresholds, releases from authorized contingency funds, or to
Economy Act transactions for specific activities otherwise
authorized by law. Notification required under this provision
is normally expected to be made at least fifteen days prior to
completion of the funding transaction, but it is recognized
that circumstances may occasionally require later notification.
Should questions arise as to the relationship between this
section and section 105 of the National Security Act of 1947,
it is expected that resolution will be guided by the principles
of comity and mutual understanding set forth in the legislative
history accompanying the statutory intelligence oversight
provisions enacted in 1980.
Section 104 authorizes the Director of Central Intelligence
in fiscal year 1985 to expand the personnel ceilings applicable
to the components of the Intelligence Community under Sections
102 and 202 by an amount not to exceed 2 percent of the total
of the ceilings applicable under these sections. The Director
may exercise this authority only when necessary to the
performance of important intelligence functions or to the
maintenance of a stable personnel force, and any exercise of
this authority must be reported to the two intelligence
committees of the Congress.
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INTELLIGENCE COMMUNITY STAFF
Section 201 authorizes appropriations in the amount of
$21,827,000 for the staffing and administration of the
Intelligence Community Staff.
Section 202 provides details concerning the number and
composition of Intelligence Community Staff personnel.
Subsection (a) authorizes two hundred thirty-two (232)
full-time personnel for the Intelligence Community Staff for
fiscal year 1985, and provides that personnel of the
Intelligence Community Staff may be permanent employees of the
Staff or detailed from various elements of the United States
Government.
Subsection (b) requires that detailed employees be selected
so as to provide appropriate representation from the various
departments and agencies engaged in intelligence and
intelligence-related activities.
Subsection (c) requires that personnel be detailed on a
reimbursable basis except for temporary situations.
Section 203 provides that the director of Central
Intelligence shall utilize existing statutory authority to
manage the activities and to pay the personnel of the
Intelligence Community Staff. This language reaffirms the
statutory authority of the Director of Central Intelligence and
clarifies the legal status of the Intelligence Community
Staff. In the case of detailed personnel, it is understood
that the authority of the Director of Central Intelligence to
discharge personnel extends only to discharge from service at
the Intelligence Community Staff and not from federal
employment or military service.
CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
Section 301 authorizes fiscal year 1985 appropriations in
the amount of $99,300,000 for the Central Intelligence Agency
Retirement and Disability Fund.
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MODIFICATION OF CERTAIN
NATURALIZATION REQUIREMENTS
Section 401 amends section 316 of the Immigration and
Nationality Act, 8 U.S.C. 1427, to authorize the waiver of
three requirements for naturalization for certain persons who
have made significant contributions to the national security or
to the national intelligence mission. The requirements are
general residency and physical presence, the requirements
imposed on members of certain organizations, and the
requirement that the naturalization petition be filed in the
court which has jurisdiction over the petitioner's place of
residence.
Congress has established a number of conditions on the
granting of United States citizenship. These are set forth in
Chapter 2 of Title III of the Immigration and Nationality Act,
8 U.S.C. 1421 et seq. The Congress has recognized, however,
that when necessary to other governmental interests, certain of
these requirements should be reduced or waived entirely.
Unfortunately, there remain some requirements of the
Immigration and Nationality Act which prevent complete
recognition of significant contributions made to the national
security or to the national intelligence mission. Section 401
seeks to remedy this situation by addressing three requirements
which currently stand in the way of expeditious naturalization
of individuals making such contributions. Under the amendment
proposed in section 401, waivers would be authorized in
recognition of outstanding contributions to the United States
and of the fact that the character and quality of service to
the United States by certain individuals demonstrates that
there is no need for them to serve a probationary period of
residence to prove their fitness for citizenship.
The waivers authorized by proposed subsection (g) of
section 316 of the Immigration and Nationality Act are limited
in nature. They would become operative only after initiation
by the Director of Central Intelligence and the concurrence of
the Attorney General and the Commissioner of Immigration and
Naturalization. Waivers would be authorized only for three
very specific requirements for naturalization. Individuals
granted such waivers would have to comply with all other
naturalization requirements.
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AMENDMENTS TO CLASSIFIED INFORMATION
PROCEDURES ACT
Section 501 amends sections 3 and 5 of the Classified
Information Procedures Act (CIPA), (Public Law 96-456,
18 U.S.C. App.), to more effectively ensure that classified
information is protected from all possibility of disclosure
after indictment in a criminal case. Section 501(a) expands
the court's protective order authority contained in section 3
of CIPA to reach classified information that was obtained by or
became known to the defendant outside the criminal discovery
process. Section 3 currently limits the issuance of protective
orders by the court to classified information "disclosed by the
United States to any defendant..." This expansion of the
court's protective order authority will protect from disclosure
that classified information which became known to the defendant
during earlier Government employment or through means other
than the discovery process or judicial proceedings in the
immediate case.
Section 501 (b) similarly amends Section 5 of CIPA to
extend its non-disclosure provisions to out-of-court
disclosures made by the defendant. Section 5 currently
requires the defendant, any time he anticipates making a
disclosure "in connection with any trial or pre-trial
proceedings," to file notice of the anticipated disclosure so
that the Government may then invoke the Act's procedures for
obtaining an advance ruling on the'relevance and admissibility
of the information. Out-of-court disclosures not made "in
connection with any trial or pretrial proceeding" can be
equally damaging to the Government's case and provide a
significant opportunity for the defendant to threaten the kind
of "graymail" which CIPA is designed to prevent. Proposed
Section 501(b) makes Section 5's notice provisions and its bar
on disclosure applicable to disclosures made by the defendant
"in any form or manner" and not simply to publication in the
trial context. This subsection also expands the timeframe
during which the notice and non-disclosure provisions of
Section 5 apply to any disclosure made "after indictment".
This amendment is intended to limit a defendant's ability to
disclose classified information and significantly impair the
Government's prosecution in the interim following the return of
an indictment but before any pre-trial court proceedings can be
scheduled and conducted by the court. Section 501 (b) also
requires the defendant to file his notice and description of
the classified information at issue under seal with the court,
since frequently the "brief description" required under
Section 5 is itself classified and its publication as part of
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the public court record can have the same deleterious effect on
the Government's case as disclosure of the underlying
information.
The intent of CIPA is to prevent the needless disclosure of
classified information by maintaining the status quo while the
Government has an opportunity to avail itself of the Act's
provisions. These protective purposes are more adequately
ensured by extending CIPA's provisions to equally damaging
out-of-court disclosures made by defendants, by including the
time period following indictment but prior to any actual
in-court proceeding as subject to these same provisions, and by
requiring defendants to file all notices under Section 5 under
seal.
ADMINISTRATIVE PROVISIONS RELATED TO
INTELLIGENCE AGENCIES
Section 601 adjusts the annual rates of basic pay for the
positions of Director and Deputy Director of Central
Intelligence. Section 5312 of title 5, United States Code,
currently lists fourteen (14) positions which have an annual
rate of basic pay at level 1 of the Executive Schedule.
Subsection 601(a) would add the Director of Central
Intelligence to the list. Section 5313 of title 5, United
States Code, sets forth those positions which have an annual
rate of basic pay at level 11 of the Executive Schedule. The
Director of Central Intelligence is presently included in this
listing. Subsection 601(b) would change the listed position of
Director of Central Intelligence to Deputy Director of Central
Intelligence. Given the addition of the Deputy Director of
Central Intelligence to the Executive Schedule level 11
position listed in Section 5313, it becomes necessary to amend
Section 5314 of title 5, United States Code, to strike the
Deputy Director of Central Intelligence from the positions
listed as receiving an annual rate of basic pay at level 111 of
the Executive Schedule. Subsection 601(c) accomplishes this.
Section 602 amends section 301 of the Omnibus Budget
Reconciliation Act of 1982 to correct an inadvertent anomaly in
that Act. Section 301 of the Reconciliation Act restricts the
cost-of-living increase for annuities or retired or retainer
pay for early retirees under "any Government retirement system"
to one-half of the cost-of-living increase due other federal
retirees, for fiscal years 1983, 1984, and 1985. Early
retirees are defined to be those covered by this restriction
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and paragraph (3) lists the Central Intelligence Agency
[Retirement] Act of 1964 for Certain Employees (50 U.S.C. 403
note), which established the Central Intelligence Agency
Retirement and Disability System (CIARDS). The inclusion of
CIARDS within the provisions of section 301 creates a serious
inequity due to the fact that section 235(b) of the CIA
Retirement Act of 1964 provides for mandatory retirement at age
60 for covered individuals whose rate of compensation is less
than the rate for grade GS-18 (Senior Intelligence Service IV
and below). In addition, section 235(a) of that Act gives the
Director of Central Intelligence the authority to retire any
participant who has served at least 25 years or who is at least
50 years of age with a minimum of 20 years of service.
Therefore, under section 301 of the Reconciliation Act as it
now reads, individuals retired under the mandatory retirement
provisions of CIARDS prior to age 62 would be penalized in the
same manner as individuals voluntarily retiring prior to the
age of 62.
Section 603 provides explicit statutory authority for the
Agency to protect the cover of its employees, as contemplated
by the Intelligence Identities Protection Act of 1982, and for
the Agency to overcome any provisions of law inconsistent with
the maintenance of that cover. Also, this section specifically
provides a mechanism to facilitate the testimony of undercover
Agency personnel in court without requiring such personnel to
disclose their true identity or employment background when
their true identity and employment background are not material
to the litigation. The Agency has been faced with serious
problems in a number of recent casts concerning its ability to
protect the cover of Agency personnel needed to testify in
various litigations. While the Agency's ability to protect the
cover of its personnel clearly flows from the responsibility of
the Director of Central Intelligence to protect intelligence
sources and methods from unauthorized disclosure pursuant to
section 102(d)(3) of the National Security Act of 1947, as
amended, the absence of an explicit statutory provision
addressing this subject has hampered the Agency in its efforts
to protect undercover personnel who are required to testify in
court. The authority provided by this section for the Agency
to protect the confidentiality of its personnel who testify in
court proceedings is limited in two ways. First, the current
or former Agency employee's intelligence relationship with the
Government must be classified pursuant to the criteria of
Executive order 12356. Second, the court must determine that
the true name, identity and employment background of the
current or former employee is not material to the particular
proceeding before it. This section permits the Government to
make an ex parte, in camera presentation to the judge in order
to assist the court in making this materiality determination.
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This section also permits the Government to remove any issue
concerning a finding of materiality raised in a state court to
a federal district court for a final determination in this
regard. In addition, any finding of materiality made by a
federal district court may be appealed by the Government on an
interlocutory basis to an appropriate federal court of appeals.
Section 604 authorizes the Agency to receive a delegation
of authority from the Administrator of General Services to
protect Agency facilities, property and personnel with the
powers provided the General Services Administration (GSA) in
section 318 of Title 40, United States Code. The Agency, on
several occasions, has considered accepting a delegation from
GSA of certain of the unique protective authorities exercised
by GSA with respect to Agency facilities. The authorities
which the Agency has contemplated accepting are those set forth
in 40 U.S.C. Section 318, which authorizes GSA to police
certain Government buildings by enforcing laws enacted for the
protection of persons and property, to prevent breaches of the
peace and to otherwise enforce rules and regulations
promulgated by the Administrator of GSA for the protection of
Government property. In considering whether to accept a
delegation from GSA of the above authorities, a question has
been raised concerning the Agency's ability to accept such a
delegation and exercise the above authorities given the proviso
contained in the National Security Act of 1947 that the Agency
may exercise "no police, subpena, law-enforcement powers, or
internal security functions...."
To facilitate this desired transfer of authorities from GSA
to CIA, this section eliminates any doubt concerning the
Agency's ability to receive and exercise with respect to CIA
facilities these delegated security-related powers in light of
the above prohibition contained in the 1947 Act. This section
authorizes the Agency to accept a delegation of those powers
set forth in section 318, the exercise of which would be
limited to those essential functions needed to insure the
safety and protection of Agency property and the persons
thereon. This section also authorizes the Agency to promulgate
rules and regulations for the protection of any property under
the Agency's charge and control. The authority to promulgate
rules and regulations permits the Agency to tailor to the needs
of CIA those GSA regulations which are in effect for federal
property under GSA custody and control.
Section 605 reaffirms the broad discretion of the Agency to
take such personnel, security and other administrative actions
as it deems appropriate without regard to statutes of
Government-wide applicability, such as 5 U.S.C. 701, et seq.,
by providing that for purposes of such statutes, administrative
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actions taken by the CIA are deemed to be committed to the
discretion of the CIA by law. Although administrative actions
taken by the Agency have historically been regarded as being
committed to Agency discretion by law, and therefore exempt
from statutes of Government-wide applicability, this view has
been aggressively challenged in several recent cases. To
eliminate any doubt which may exist with respect to the
unreviewability of Agency administrative authorities, this
section makes it clear that Agency personnel, security and
other administrative actions are fully committed to Agency
discretion by law.
Section 701 makes clear that, with the exception of any
specific legislative authorities which may be contained in the
Intelligence Authorization Act for Fiscal Year 1985, the Act is
intended only to authorize appropriations and does not
constitute authority for the conduct of any intelligence
activity prohibited by the Constitution or laws of the United
States.
Section 702 authorizes the increase of appropriations
authorized by the Act for salary, pay, retirement and other
benefits for federal employees as necessary for increases in
such benefits authorized by law. '
Section 703 authorizes such sums as may be necessary 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 Fund for fiscal year 1986. This section also brings
the authorization process into compliance with section 607 of
Public Law 93-344, the Congressional Budget and Impoundment
Control Act of 1974 (31 U.S.C. ?1110) which requires that
appropriations be authorized in the calendar year prior to the
year in which the fiscal year begins.
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INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 1985
NOTE: Where applicable, changes in existing law are
shown as follows: existing law in which no
change is proposed is shown in roman; existing
law proposed to be struck is enclosed in
brackets; new material is underscored.
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INTELLIGENCE ACTIVITIES
Section 101: No substantive change.
Section 102: No substantive change.
Section 103: No substantive change from Section 103 of the
fiscal year 1984 Act.
Section 104: No substantive change from Section 107 of the
fiscal year 1984 Act.
INTELLIGENCE COMMUNITY STAFF
Section 201: No substantive change.
Section 202: No substantive change.
Section 203: No substantive change.
CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
Section 301: $99,300,000.00.
MODIFICATION OF CERTAIN
NATURALIZATION REQUIREMENTS
Section 401: Amends Section 316 of the Immigration and
Nationality Act (8 U.S.C. 1427), by adding at the end thereof a
new subsection (g), as follows:
Requirements As To Residence, Good Moral Character,
Attachment to the Principles of the Constitution, and Favorable
Disposition to the United States.
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(g) Whenever the Director of Central Intelligence
determines that a petitioner otherwise a eligible for
naturalization has made a significant contribution to the
national security or to the national intelligence miss on, and
the Attorney General and t e Commissioner concur, the
petitioner may be naturalized without regard to the residence
and physical presence requirements of this section, or to the
prohibitions of Section 313 of this Act, and no residence
within the jurisdiction of the court shall be required.
AMENDMENTS TO THE CLASSIFIED
INFORMATION PROCEDURES ACT
Section 501: Amends sections 3 and 5 of the Classified
Information Procedures Act (CIPA), Public Law 96-456, 18 U.S.C.
App., to enhance the protection afforded classified information
by that Act as follows:
SEC. 3. Upon motion of the United States, the court
shall issue an order to protect against the disclosure of
any classified information known by or in the possession of
any defendant or disclosed by the United States to any
defendant in any criminal case in a district court of the
United States.
SEC. 5. (a) NOTICE BY DEFENDANT -- If a defendant
reasonably expects to disclose or to cause the disclosure
of classified information in any manner after an indictment
or in connection with any trial or pretrial proceeding
involving the criminal prosecution of such defendant, the
defendant shall, within the time specified by the court or,
where no time is specified, within thirty days prior to
trial, notify the attorney for the United States and the
court in writing. The defendant shall file under seal with
the court and make available to the attorney for the United
States a brief description of the classified information.
Whenever a defendant learns of additional classified
information he reasonably expects to disclose at any such
proceeding, he shall notify the attorney for the United
States and the court in writing as soon as possible
thereafter and shall file under seal with the court and
make available to the attorney for the United States a
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brief description of the classified information. No
defendant shall disclose in any form or manner, including
publication, any information known or believed to be
classified after an indictment or in connection with a
trial or pretrial proceeding until notice has been given
under this subsection and until the United States has been
afforded a reasonable opportunity to seek a determination
pursuant to the procedure set forth in section 6 of this
Act, and until the time for the United States to appeal
such determination under section 7 has expired or any
appeal under section 7 by the United States is decided.
ADMINISTRATIVE PROVISIONS RELATED TO
INTELLIGENCE AGENCIES
Section 601: Amends title 5, United States Code, as
follows:
5 U.S.C. 5312
Director of Central Intelligence.
5 U.S.C. 5313
* * * * *
Deputy Director of Central Intelligence.
5 U.S.C. 5314
[Deputy Director of Central Intelligence.]
Section 602: Makes the following changes in existing law:
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Omnibus Budget Reconciliation Act of 1982, Public Law
97-253, S301
SEC. 301(a) ...
(2) For purposes of this subsection, an individual shall be
considered to be an early retiree if --
(A) the individual is under the age of 62 years as of
the effective date of the cost-of-living increase involved
(determined without regard to subsection (b));
(B) the individual did not retire under the mandatory
retirement provisions of section 235 of the Central
Intelligence Agency Retirement Act of 1964 for Certain
Employees (50 U.S.C. 403 note);
[B] (C) the annuity or retired or retainer pay of the
individual is not computed in whole or inpart based on any
disability of the individual; and
[C] (D) the annuity or retired or retainer pay of the
individual is based upon the Government service of the
individual....
(c) For purposes of this section, the term "cost-of-living
increase under a Government retirement system" means any
increase under --....
(3) The central intelligence Agency Retirement Act of 1964
for Certain Employees (50 U.S.C. 403 note);....
Section 603: Amends Section 5 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403f) by adding at the end of
subsection (f) the following new subsection:
"(g) Take affirmative measures to preserve,
notwithstanding any other provision of law, the
confidentiality of the identity of any current or former
Agency officer or employee whose intelligence relationship
with the Government is classified pursuant to Executive
Order in the interests of national security. In accordance
with this subsection, the Agency is specifically authorized
to direct any of its current or former officers and
employees to testify in court proceedings under a pseudonym
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which has been officially authorized by the Agency to be
used for this purpose and to otherwise use in such
proceedings identities or employment backgrounds devised by
the Agency to protect the confidentiality of its personnel,
if advance notification has been provided to the judge
alone, in chambers, and the judge determines that the true
name, identity, or employment background of a current or
former officer or employee is not material to the
particular proceedings. Any finding of materiality made by
a state court, regardless of whether it concerns litigation
which was brought in a state court or in federal district
court, may be appealed by the United States on an
interlocutory basis to the appropriate federal court of
appeals; and"
Section 604: Amends Section 5 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403f) by adding at the end of
subsection (g) the following new subsection:
"(h) Accept, notwithstanding section 102(d)(3) of the
National Security Act of 1947, a delegation from the
Administrator of General Services of authority to protect
persons and property with the powers set forth in
section 318 of Title 40, United States Code, and of
authority to promulgate rules and regulations for the
protection of property under Agency charge and control with
the powers set forth in section 318a of Title 40, United
States Code."
Section 605: Amends the Central Intelligence Agency Act of
1949 by adding after Section 14 (50 U.S.C. 403n) the following
new section:
Administrative Discretion of the CIA
"S403o. ADMINISTRATIVE DISCRETION OF THE CIA. For the
purpose of any other law, actions taken by the Central
Intelligence Agency shall be deemed to be committed to the
discretion of the Central Intelligence Agency by law."
TITLE VII
GENERAL PROVISIONS
Section 701: No substantive change.
Section 702: No substantive change.
Section 703: New provision.
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INTELLIGENCE AUTHORIZATION ACT
FOR FISCAL YEAR 1985
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Section 101: Fiscal Year 1985 authorizations are contained
in the Classified Schedule of Authorizations.
Section 102: Cost analysis not applicable.
Section 103: Cost analysis not applicable.
Section 104: Cost contingent upon exercise of permissive
authority.
TITLE II
INTELLIGENCE COMMUNITY STAFF
Section 201: The fiscal year 1985 authorization is
$21,827,000.00
Section 202: Cost analysis not applicable.
Section 203: Cost analysis not applicable.
CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
Section 301: The fiscal year 1985 authorization is
$99,300,000.00.
TITLE IV
MODIFICATION OF CERTAIN NATURALIZATION REQUIREMENTS
Section 401: Cost analysis not applicable.
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AMENDMENTS TO THE CLASSIFIED INFORMATION
PROCEDURES ACT
Section 501: Cost analysis not applicable.
ADMINISTRATIVE PROVISIONS RELATED
TO INTELLIGENCE AGENCIES
Subsection 601: (a) Would result in a cost of $10,700.00
per annum, representing the current difference between the
annual rate of basic pay payable for positions listed at
level 1 of the Executive Schedule and those listed at level 11.
Subsection 601: (b) Would result in a cost of $1,400.00
per annum, representing the current difference between the
annual rate of basic pay payable for positions listed at
level 11 of the Executive Schedule and those listed at
level 111.
Subsection 601: (c) Cost analysis not applicable.
Section 602: Approximately $53,000.00.
Section 603: Cost analysis not applicable.
Section 604: Cost analysis not applicable.
Section 605: Cost analysis not applicable.
TITLE VII
GENERAL PROVISIONS
Section 701: Cost analysis not applicable.
Section 702: Cost analysis impossible to determine.
Section 703: Technical compliance with section 607 of
Public Law 93-344 only; cost analysis not applicable.
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Approved For Release 2008/08/27: CIA-RDP86B00338R000200170009-5