Intelligence Authorization Act for Fiscal Year 1985
PL 98-618 (H.R.5399), enacted 11/08/1984

98 STAT. 3298 
PUBLIC LAW 98-618—NOV. 8, 1984 
Public Law 98-618 
98th Congress 
An Act 
Nov. 8, 1984 
[H.R. 5399] 
Intelligence 
Authorization 
Act for fiscal 
year 1985. 
Defense and 
national 
security. 
President of U.S. 
To authorize appropriations for fiscal year 1985 for intelligence and intelligence-
related activities of the United States Government, the Intelligence Community 
Staff, and 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 Department of Defense. 
(3) The Defense Intelligence Agency. 
(4) The National Security Agency. 
(5) The Department of the Army, the Department of the Navy, 
and the Department of the Air Force. 
(6) The Department of State. 
(7) The Department of the Treasury. 
(8) The Department of Energy. 
(9) The Federal Bureau of Investigation. 
(10) The Drug Enforcement Administration. 
CLASSIFIED SCHEDULE OF AUTHORIZATIONS 
SEC. 102. The amounts authorized to be appropriated under sec-
tion 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 Select 
Committee on Intelligence of the Senate, as amended by agreement 
of the Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate. That Amended Schedule of Authorizations, dated October 4, 
1984, signed by the Chairman and Vice Chairman of the Select 
Committee on Intelligence of the Senate and the Chairman and 
Ranking Minority Member of the Permanent Select Committee on 
Intelligence of the House of Representatives, and on file at the 
offices of those committees, shall be made available to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives, and to the President. The President shall provide for suitable 
distribution of the amended schedule, or of appropriate portions of 
the amended schedule, within the executive branch. 
PUBLIC LAW 98-618—NOV. 8, 1984 
98 STAT. 3299 
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 un-
foreseen 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. 
AUTHORIZATION OF APPROPRIATIONS FOR DESIGN AND CONSTRUCTION 
OF AN 
ADDITIONAL BUILDING 
AT THE CENTRAL INTELLIGENCE 
AGENCY HEADQUARTERS COMPOUND 
SEC 104, Of the amounts authorized to be appropriated under 
section 101(1), there is authorized to be appropriated for fiscal yejar 
1985 the sum of $104,500,000 for the design and construction of a 
new building at the Central Intelligence Agency headquarters 
compound. 
AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM 
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION 
SEC 105. In addition to the amounts authorized to be appropriated 
under section 101(9), there is authorized to be appropriated for fiscal 
year 1985 the sum of $14,500,000 for the conduct of the activities of 
the Federal Bureau of Investigation to counter terrorism in the 
United States. 
PERSONNEL CEILING ADJUSTMENTS 
SEC 106. The Director of Central Intelligence may authorize 
employment of civilian personnel in excess of the numbers author-
ized for the fiscal year 1985 under sections 102 and 202 of this Act 
when he determines that such action is necessary to the perform-
ance 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 Intelli-
gence 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 Intelli-
gence Community Staff for fiscal year 1985 the sum of $20,800,000. 
98 STAT. 3300 
PUBLIC LAW 98-618—NOV. 8, 1984 
AUTHORIZATION OF PERSONNEL END STRENGTH 
SEC. 202. (a) The Intelligence Community Staff is authorized two 
hundred and thirty-two 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 per-
sonnel detailed from other elements of the United States Govern-
ment. 
(b) During fiscal year 1985, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in 
intelligence and intelligence-related activities. 
(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 
nonreimbursable 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. 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABIUTY SYSTEM 
RULES AND REGULATIONS 
SEC. 302. Section 201(a) of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees (50 U.S.C. 403 note) is 
amended by striking "to become effective after approval by the 
chairman and ranking minority members of the Armed Services 
Committees of the House and Senate." and inserting in lieu thereof 
"to be submitted to the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee on Intelli-
gence of the Senate before they take effect.". 
PUBLIC LAW 98-618—NOV. 8, 1984 
98 STAT. 3301 
TITLE IV—ADMINISTRATIVE PROVISION RELATING TO THE 
CENTRAL INTELLIGENCE AGENCY 
PHYSICAL SECURITY OF CENTRAL INTELLIGENCE AGENCY FACILITIES 
SEC. 401. The Central Intelligence Agency Act of 1949 (50 U.S.C. 
403a et seq.) is amended by adding at the end thereof the following 
new section: 
"SECURITY PERSONNEL AT AGENCY INSTALLATIONS 
"SEC. 15. (a) The Director may authorize Agency personnel within 
50 use 403o. 
the United States to perform the same functions as special police-
men of the General Services Administration perform under the first 
section of the Act entitled 'An Act to authorize the Federal Works 
Administrator or officials of the Federal Works Agency duly author-
ized by him to appoint special policemen for duty upon Federal 
property under the jurisdiction of the Federal Works Agency, and 
for other purposes' (40 U.S.C. 318), with the powers set forth in that 
section, except that such personnel shall perform such functions and 
exercise such powers only within Agency installations, and the rules 
and regulations enforced by such personnel shall be rules and 
regulations promulgated by the Director. 
"(h) The Director is authorized to estabish penalties for violations 
Penalties. 
of the rules or regulations promulgated by the Director under 
subsection (a) of this section. Such penalties shall not exceed those 
specified in the fourth section of the Act referred to in subsection (a) 
of this section (40 U.S.C. 318c). 
"(c) Agency personnel designated by the Director under subsection 
(a) of this section shall be clearly identifiable as United States 
Government security personnel while engaged in the performance of 
the functions to which subsection (a) of this section refers.". 
TITLE V—DEFENSE INTELLIGENCE AGENCY PERSONNEL 
MANAGEMENT IMPROVEMENTS 
CIVIUAN PERSONNEL MANAGEMENT 
SEC. 501. (a) Chapter 83 of title 10, United States Code, is amended 
by adding at the end thereof the following new section: 
"§ 1604. Civilian personnel management 
lo use 1604. 
"(a) The Secretary of Defense may, without regard to the provi-
sions of any other law relating to the number, classification, or 
compensation of employees— 
"(1) establish such positions for civilian officers and employ-
ees in the Defense Intelligence Agency as may be necessary to 
carry out the functions of such Agency; 
"(2) appoint individuals to such positions; and 
"(3) fix the compensation of such individuals for service in 
such positions. 
"(b) The Secretary of Defense shall, subject to subsection (c), fix 
the rates of basic pay for positions established under subsection (a) 
in relation to the rates of basic pay provided in the General Sched-
ule under section 5332 of title 5 for positions subject to such Sched-
ule which have corresponding levels of duties and responsibilities. 
Except in the case of an officer or employee of the Defense Intelli- 
Prohibition. 
gence Agency serving as a member of the Defense Intelligence 
31-194 0 - 86 - 30 : QL.3 Part3 
98 STAT. 3302 
PUBLIC LAW 98-618—NOV. 8, 1984 
5 u s e 5341. 
Employment 
and 
unemployment. 
Senior Executive Service, no officer or employee of the Defense 
Intelligence Agency may be paid basic compensation at a rate in 
excess of the highest rate of basic pay contained in such General 
Schedule. 
"(c) The Secretary of Defense is authorized, consistent with section 
5341 of title 5, to adopt such provisions of such title as provide for 
prevailing rate systems of basic pay and to apply such provisions to 
positions in or under which the Defense Intelligence Agency may 
employ individuals described by section 5342(a)(2)(A) of such title. 
"(d) In addition to the basic compensation payable under subsec-
tion (b), officers and employees of the Defense Intelligence Agency 
who are citizens or nationals of the United States and who are 
stationed outside the continental United States or in Alaska may be 
paid compensation, in accordance with regulations prescribed by the 
Secretary of Defense, not in excess of an allowance authorized to be 
paid by section 5941(a) of title 5 for employees whose rates of basic 
pay are fixed by statute. Such allowances shall be based on— 
"(1) living costs substantially higher than in the District of 
Columbia; 
"(2) conditions of environment which differ substantially from 
conditions of environment in the continental United States and 
warrant an allowance as a recruitment incentive; or 
"(3) both of the factors described in paragraphs (1) and (2). 
"(e)(1) Notwithstanding any other provision of law, the Secretary 
of Defense may, during fiscal years 1985 and 1986, terminate the 
employment of any civilian officer or employee of the Defense 
Intelligence Agency whenever he considers that action to be in the 
interests of the United States and he determines that the procedures 
prescribed in other provisions of law that authorize the termination 
of the employment of such officer or employee cannot be invoked in 
a manner consistent with the national security. The decisions of the 
Secretary under this paragraph are final and may not be appealed 
or reviewed outside the Department of Defense. The Secretary of 
Defense shall promptly notify the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Commit-
tee on Intelligence of the Senate whenever this termination author-
ity is exercised. 
"(2) Any termination of employment under this subsection shall 
not affect the right of the officer or employee involved to seek or 
accept employment with any other department or agency of the 
United States if he is declared eligible for such employment by the 
Director of the Office of Personnel Management. 
"(3) The Secretary of Defense may delegate authority under this 
subsection only to the Deputy Secretary of Defense or the Director 
of the Defense Intelligence Agency or both. An action to terminate 
any civilian officer or employee by either such officer shall be 
appealable to the Secretary of Defense.". 
(b) The table of sections at the beginning of chapter 83 of title 10, 
United States Code, is amended by adding after the item relating to 
section 1603 the following new item: 
"1604. Civilian personnel management.". 
TECHNICAL AND CONFORMING AMENDMENTS 
SEC. 502. (a) Section 5102(a)(1) of title 5, United States Code, is 
amended— 
(1) by striking out "or" at the end of clause (viii); 
PUBLIC LAW 98-618—NOV. 8, 1984 
98 STAT. 3303 
(2) by inserting "or" at the end of clause (ix); and 
(3) by inserting after clause (ix) the following new clause: 
"(x) the Defense Intelligence Agency, Department of 
Defense;". 
(b) Section 5342(a)(1) of such title is amended— 
5 use 5342. 
(1) by striking out "or" at the end of subparagraph (I); 
(2) by inserting "or" at the end of subparagraph (J); and 
(3) by inserting after subparagraph (J) the following new 
subparagraph: 
"(K) the Defense Intelligence Agency, Department of 
Defense;". 
TITLE VI—COUNTERINTELLIGENCE AND OFFICIAL 
REPRESENTATION 
POLICY TOWARD CERTAIN AGENTS OF FOREIGN GOVERNMENTS 
SEC. 601. (a) It is the sense of the Congress that the numbers, 
22 use 254c-i. 
status, privileges and immunities, travel, accommodations, and fa-
cilities within the United States of official representatives to the 
United States of any foreign government that engages in intelli-
gence activities within the United States harmful to the national 
security of the United States should not exceed the respective 
numbers, status, privileges and immunities, travel accommodations, 
and facilities within such country of official representatives of the 
United States to such country. 
(b) Beginning one year after the date of enactment of this section. 
Report. 
and at intervals of one year thereafter, the President shall prepare 
and transmit to the Committee on Foreign Relations and Select 
Committee on Intelligence of the Senate and the Committee on 
Foreign Affairs and Permanent Select Committee on Intelligence of 
the House of Representatives a report on the numbers, status, 
privileges and immunities, travel, accommodations, and facilities 
within the United States of official representatives to the United 
States of any foreign government that engages in intelligence activi-
ties within the United States harmful to the national security of the 
United States and the respective numbers, status, privileges and 
immunities, travel, accommodations, and facilities within such coun-
try of official representatives of the United States to such country, 
and any action which may have been taken with respect thereto. 
(c) Section 203 of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 4303) is amended — 
97 Stat. 1043. 
(1) in subsection (a) by striking out the fifth sentence; and 
(2) by amending subsection (b) to read as follows: 
"(b) There shall also be a Deputy Director of the Office of Foreign 
Missions. Either the Director or the Deputy Director of such Office 
shall be an individual who has served in the United States Foreign 
Service, while the other of the two shall be an individual who has 
served in the United States Intelligence Community.". 
(d) The amendments made by subsection (c) shall apply only with 
22 use 4303 
respect to any appointment of a Director or Deputy Director of the 
note. 
Office of Foreign Missions, as the case may be, after the date of 
enactment of this section. 
98 STAT. 3304 
PUBLIC LAW 98-618—NOV. 8, 1984 
TITLE VII—GENERAL PROVISIONS 
AUTHORITY FOR THE 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. 
TITLE VIII—ACTIVITIES IN NICARAGUA 
MILITARY OR PARAMILITARY ACTIVITIES 
SEC. 801. NO funds authorized to be appropriated by this Act or by 
the Intelligence Authorization Act for fiscal year 1984 (Public Law 
97 Stat. 1473. 
98-215) may be obligated or expended for the purpose or which 
would have the effect of supporting, directly or indirectly, military 
or paramilitary operations in Nicaragua by any nation, group, 
organization, movement, or individual, except to the extent provided 
and under the terms and conditions specified by House Joint Resolu-
Ante, p. 1837. 
tion 648, making continuing appropriations for the fiscal year 1985, 
and for other purposes, as enacted. 
Approved November 8, 1984. 
LEGISLATIVE HISTORY—H.R. 5399 (S. 2713): 
HOUSE REPORTS: No. 98-743, Pt. 1 (Permanent Select Comm. on Intelligence) and 
Ft. 2 (Comm. on Armed Services). 
SENATE REPORTS: No. 98-481 (Select Comm. on Intelligence) and No. 98-543 
(Comm. on Foreign Relations), both accompanying S. 2713. 
CONGRESSIONAL RECORD, Vol. 130 (1984): 
Aug. 2, considered and passed House. 
Oct. 11, considered and passed Senate, amended, in lieu of S. 2713; House 
concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VOL. 20, No. 45 (1984): 
Nov. 9, Presidential statement.