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Supergrades.

72 Stat. 213A.

Effective date.

Pub. Law 86-36

73 Stat. 64.

-2

May 29, 1959

SEC. 7. The total number of positions authorized by section 505(b) of the Classification Act of 1949, as amended (5 U.S.C. 1105(b)), to be placed in grades 16, 17, and 18 of the General Schedule of such Act at any time shall be deemed to have been reduced by the number of positions in such grades allocated to the National Security Agency immediately prior to the effective date of this section.

SEC. 8. The foregoing provisions of this Act shall take effect on the first day of the first pay period which begins later than the thirtieth day following the date of enactment of this Act.

Approved May 29, 1959.

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This is in response to your letter to General Allen requesting an interpretation of section 6 of Public Law 86-36.

Section 6 establishes the Congressional policy against disclosure of information concerning the intelligence and communications security missions of NSA. These vitally important functions cannot be conducted if foreign powers are aware of our sources and methods. The intent of the law, therefore, is to deny such information to other governments by limiting what appears in the public domain in the United States.

This Agency does not regard section 6 as authority to withhold information from Members of the Congress who require such information to discharge their official responsibilities. As General Allen indicated to Chairman Pike during his testimony, however, the Congress has always agreed to receive information concerning the mission and functions of this Agency in executive session.

With respect to the General Accounting Office (GAO), the Comptroller General and the Director, NSA, agreed in 1955 that a cleared GAO staff member would be assigned to NSA on a permanent basis. For 20 years, this arrangement has enabled one or more resident auditors to have access to data required to conduct compliance type audits while providing necessary security protection for NSA documents and records. Additional GAO personnel have been cleared since 1973 to permit GAO to conduct management reviews at NSA. Throughout this long-standing and excellent working relationship, the GAO has cooperated fully to protect NSA's

58-920 - 75-28

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Serial: D6-86/75

sensitive information. The understanding between the two agencies has been that section 6 does not prohibit GAO's access to NSA information on a confidential basis, but rather that it restricts GAO's disclosure of its findings to the public at large.

Sincerely,

ROY R BANNER
General Counsel

Part D. - Section 32 of Public Law 93-559 the Foreien AssistINY Act Amendments of 1974.

Foreign Assistance Act of 197

Public Law 93-559, sec. 32

(The Hughes-Ryan Amenden:)

22 SC 2422.

Presidential report to Congress.

SSC 1541 mote.

INTELLIGENCE ACTIVITIES AND BACHA GIS JE MATERIALS

SEC. 32. The Foreign Assistance Act of 161 s amended by alle at the end of part III the following new sect, est

"SEC. 662. Limitation on Intelligence Actintis, 1' No £. appropriated under the antlerity of this or any other Ast may be expended by or on behalf of the Central Intel Sence Agency for operations in foreign countries, other than activities inter fed solely for obtaining necessary intel.ence, unless and with the Pres dent finds that each such operation is important to the national security of the United States and reports, in a timely fashion, a desertion and scope of such operation to the appropriate com matees of the Congress, including the Committee on Foreign Relations of the United States Senate and the Committee on Foreign Affairs of the United States House of Representatives.

(b) The provisions of subsection (a) of this section shall not apply during military operations initiated by the United States under a declaration of war approved by the Congress or an exercise of powers by the President under the War Powers Resolution.

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