CONFERENCE REPORT ON INTELLIGENCE AUTHORIZATION BILL FOR FISCAL YEAR 1983

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84-00933R000200020002-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 23, 2016
• Document Release Date: July 11, 2012
• Sequence Number: 2
• Publication Date: August 20, 1982
• Content Type: MF

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August 18, 1982 C ,.rGRESSIONAL RECORD - HOUSE. H 6637
-(a) Tzcsrrs.-In the case of transporta-
tion by air all of which is taxable transpor-
tation (as defined In section 4264). the ticket
for such tnLnsportatlon shall show the total
of--
"(1) the amunt paid for sueb transports.
tion, and -.
"(2) the taxes Imposed by subsections (a)
and (b) of section 426L-
(2) Enzcnvz DATa.-The amendment
made by subsection (a) shall apply with re-
spect to transportation beginning after the
date of the enactment of this Act.
(18) In Section 289(b) of the bill., strike
out "of such Act" and insert in lieu thereof
"of the Second Liberty Bond Act"..
(19) In Section 310(dX3) of the bill, strike
out "warrant for" and insert in lieu thereof
"warrant or".
(20) In Sevtion 6053(cX1XDXii) of the In.
ternal Revenue Code of 1954 (as added by
section 314 of the bill) strike out "6041" and
Insert -6051".
(20A) in Section 6053(c)(5) of the internal
Revenue Code of 1954 (as added by section
314 of tho. bill), strike out "paragraph
(3XAXii)" each place It appears and insert
in lieu thereof "paragraph (3XB)"..
(21) In Section 604(aX1) of the 1b1I1, strike
out "this Act" and insert In lieu thereof
"this subtitle".
(22) In the first' sentence. of section
604(aR2) of the bill, . strike out "this Act"
and insert in lieu thereof "this subtitle".
(23) In the first sentence of section 604(b)
of the bill, strike out "this Act" and insert
in lieu thereof "this subtitle".
(24) In Section 605 of the bill, strike out
"this title" and insert In lieu thereof "this
subtitle". _
(25) In Section 611(a) of the bill, strike
out "section 85" and insert in lieu thereof
"section 85 of the Internal Revenue Code of
1954".
The concurrent - resolution was
agreed to.
A mption to reconsider was laid on
the table. ? .
year 1983 for intelligence and intelligence-
related activities of the United States Gov-
ernment. for the Intelligence Community
Staff, for the Central Intelligence Agency
Retirement and Disability ' System. to au-
thorize supplemental appropriations for
fiscal. year 1982 for the intelligence and in-
telligence-related activities of the United
States Government, and for other pu.?poses.
TITLE lI--INTELLIGENCE COMMUNITY
STAFF
AU7W0RIZA77ON O7 APPROPRIATIONS
Svc 201. ?here is authorized to be appro-
priated for the Intelligence. Community
Staff for fiscal year 1983 the -sum of -
.having met, after full and free conference. Sre- 202. (a) The lntefligenee Community
having agreed to recommend and do recom- Staff is authorized two hundred and ten
mend to their respective Houses as follows: full-time personnel as of September 30, 2983,
That the House recede from its disagree- Such personnel of the Intelligence Commu-
meat to the amendment of the Senate and nits Staff may be permanent employees of
agree to the same with an amendment as the intelligence Community Staff or person-
In lieu of the matter proposed to be in-
serted by the Senate amendment insert the
following:
That titles 1, II, !IL IV, V, and VII may be
cited as the "Intelligence Authorization Act
for Fiseai Year 198&" ' _ .
TITLE 1-INTELLIGENCE ACTIVITIES
net detailed from other elements of the
United States Government . '
(b) During fiscal year 1983, personnel of
fire Intelligence Community Staff shall be se-
lected so as_ to provide appropriate represen
tation from elements of the United States
Government engaged in Intelligence and in-
tefligencerelated activities
(c) During fiscal year 1983, any officer or
AUi7IORJZAr7ONOFAPPROPRLA71ON8 employee of the United States or a member
Sra 101. Funds are hereby authorized to of the Armed Forces who is detailed to the
be appropriated for fiscal year 1983 for the Intelligence Community Staff from another-
conduct of the intelligence and intelligence- element of the United States Government
related activities of the following elements" shall be detained on a reimbursable basis,
of the United States Government: except that any such officer, employee, or
11) The Central Intelligence Agency.
12) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the De-'
partment of the Navy, and the Department
of the Air Force.
161 The Department of State
(7) The Department-of the Treasury. - -
(8) The Department of Energy.
19) The Federal Bureau of Investigation,
(10) The Drug Enforcement Administra-
tion.
a A zzprs? SCIISDULS OFAU77JORI71r70AB
Sect 102. The amounts authorized to be ap-
propriated under section 101, and the au-
thorized personnel ceilings as of September
30, 1983, for the conduct of the intelligence
and intelli
ence-relat
d a
ti
iti
l
f th
g
e
c
es o
v
e e
e-
PERSONAL EXPLANATION
ments listed in such section, are those sped-
Mr. SCBEUER. Mr. Speaker, I failed
to vote on the last bill, the conference
report on the tax bill. I was here, and I
had my card in my hand. I was talking
with my-colleagues. I omitted to vote.
Of course, I would have voted "aye."
CONFERENCE REPORT ON H.R.
6068, INTELLIGENCE AUTHORI-
ZATION ACT FOR FISCAL YEAR
1983
Mr. BOI,AND submitted the follow-
ing conference report and statement
on the bill (H.R. 6068) to authorize ap-
propriations - for the fiscal year 1983
for inteil1gence and Intelligence-relat-
fed in the classified Schedule of Authoriza-
tions prepared by the Committee of Confer-
ence to accompany H.R. 6068 of the Ninety-
seventh Congress. That Schedule of Authori-
zations shall be made available to the Com-
mittees on Appropriations of the Senate and
House of Representatives and to the Presi-
dent The President shall provide for suit-
able distribution of the Schedul , or of ap-
propriate portions of the Schedul, within
the executive branch.
CONGRESSIONAL NO777ICA77ON OF ZZFrNDITURrs
JN zxCESS OF PROGRAM A U77I0RZZt 270NS
SEa 103. During fiscal, year 1983, funds
may not be made available for any activity
for which funds are authorized to be appro-
priated by this Act unless such funds have
been specifically authorized for such activi-
ed activities of the U.S. Government, ty or, in the case of funds appropriated for a
ti
di
it
t
ac
v
y, unless the Director of
fferen
for the intelligence community staff,
Central Intelligence or the Secretary of De-
for the Centr2l Intelligence Agency fense has notified the appropriate commit-
Retirement and Disability System, to tees of Congress of the intent to make such
authorize su
l
t
l
ri
ti
- ? r
pp
emen
a
approp
ons
a
for fiscal year 1982 for the intelligence
and intelligence-related activities of
the U.S. Government, and for other
AU7}JORJZe77ON OI APPROPRIATIONS FOR COUN-
7 RTZRRORISM AC77S77,zS OF 771E FEDERAL
S UREAU OF INVR 77GATION
CONFERENCE REPORT (H. Rrrt, No.. 97-779) tharized to be appropriated under section
101(9). there is authorized to be appropri-
The committee of conference on, the disa-- aced for fiscal year 2983 the sum of
greeing votes of the two Houses. on the. =12,125,000 for the conduct of the activities
amendment of the Senate to the bill (H.R. of the Federal Bureau of Investigation to
6068) to authorize appropriations for fiscal counter terrorism in the United States.
member may be detailed on a nonreimburs-
able basis for a period of less than one year
for the performance of temporary functions
as required by the Director of Central Intel-
ligence. -
JN77=WGEMC1 COMMUNITY STAID ADMINISTERED
JN SAMI .MANNER AS CENTRAL N27LUG NCZ
AGENCY
SEa 201 During fiscal year 1983, activi-
ties and personnel of the Intelligence Com-
munity Staff shall be subiect to the provi-
sions of the National Security Act of 1947
(50 U.S.C 401 et sec.) and the Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403a-
403n) in the same manner as activities and
personnel c f the Central Intelligence Agency.
TITLE III-CENTRAL INTELLIGENCE
AGENCY RETIREMENT AND DISABIL-
ITY SYSTEM
AVTNORTZATJON OF APPROPRL77ONS
Sec 30L There is authorized to be appro-
priated for the Central Intelligence Agency
Retirement and Disability Fund for fiscal
year 1983 the sum of $91,300,000.
TITLE lV-,SUPPLEMENTAL AUTHORIZA-
TION FOR FISCAL YEAR 1982
Azr mioRrZA77ON OPIPPROPRJATJON3 -
Sec 401. In addition to the funds author-
ized to be appropriated under title I of the
Intelligence Authorization Act for Fiscal
Year 1982 (Public Law 979; 9S Star 1150),
funds are hereby authorized to be appropri-
ated for fiscal year 1982 for the conduct of
the intelligence and intelligence-related ac-
tivities of the United States Government.
The amounts authorized to be appropriated
under the preceding sentence are those spec-
ified for that purpose in the classified
Schedule of Authorizations described in sec-
tion 102. -
CEJLING ON ME EMPLOYMENT OF CTWLIAN PLR-
SONNZL 8Y 771 CEN2RAL IA7EL uGENCE
AGENCY
SEC 40Z Section 102 of the Intelligence
Authorization Act for Fiscal Year 1982 (95
Stat.1150) is amended-
(1) by striking out in the first sentence
"The" and inserting in lieu thereof 'Ya)
Except as provided in subsection (b), the',
and - '
(2) by adding at-the end thereof the follow-
ing;
!b) The Director of Central Intelligence
may authorize the employment of civilian
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H 6638 'QwCONGRESSIONAL RECORD - HSE August 19, 1982
personnel by the central Intelligence Agency TITLE VI-RETIREMENT BENEFITS FOR. and has taken all reasonable steps to deter.
in ercesa of the number authorized by sub- CERTAIN FORMER SPOUSES OF CEN- mine, the whereabouts o the spouse or
? section l0 when he determines that such TRAL INTELLIGENCE AGENCY EM- former spous&
action is necessary to the performance of_ PLO YEES - ' "(2) The annuity of a participant or
important intelligence Junction; except SNORT rrrzx former participant providing a survivor
that such additional number may not exceed -Ssc 60L This tWe may be cited as the benefit under this section for section.
two percent of the total number authorized " Central Intelligence Agency Spouses. Be- Z22(b)I, excluding any portion of the annu.
for the Central Intelligence Agency by such tirement Equity Act ar 1982' ity not designated or committed as a base
subaccti.on - for any survivor annuity, shall be reduced
ic) The Director of Central Intelligence AJNG77ANts by Zg Percent of the first $3.600 plus 10 per-
shalt promptly notlJ`ir the Permanent Select Ssc 602. Section 204 of the Central Intelli- cent of any amount over $3,600. The reduce
Committee on Intelligence of the House of pence Agency Retirement Act of 1964 for Cer- Lion under this paragraph shall be calcuZat
Representative: and the Select Committee tain Employees (50 U.S.C 403 note/ is ed before any reduction under section
on lnteliipence of the Senate of any authort- amended- Z22(a)(4). -
ration to increase civilian personnel of the 111 by inserting Termer spouse," after "(3)(A) IJ a former participant entitled to
Central Intelligence Agency under subset- "including surviving wives and husbands,"; receive a reduced annuity under this su6see-
lion (b/. `. .
TITLE V-PROVISIONS RELATED TO
INTELLIGENCE AGENCIES'
WLI UTIJORILCD'US? OF DEFTJVSS nV7ELL=MX
AGENCY NAME JN 'ZAZS, OR SEAL'
follancing new chapter.
"CHAPTER 8-Dz#viseAcavClss
and tion dies and is survived by a spouse, a sur.
(21 by adding at the end thereof the follow- vivor annuity shall be paid to the surviving
ing: ? spouse equal to 55 percent of the full amount
"(4) 'Former spouse' means a former wife of the participant's annuity computed
or husband of a participant or former Par- under subsection (a), or 55 percent of any
ticipant who was married to such partial- lesser amount elected as the base for the sur-
SEC. 501. (a) Title 10, United States Code, pant for not less than 10 years during pert- vivor benefit under paragraph (1l(Bl. -
is amended by inserting after chapter.7 the 'ode of service by that participant which are -(B) Notwithstanding subparagraph (A),
tars' of Defense.
"(b) Whenever it appears to the Attorney
General that any person is engaged or is
about to engage in an act or practice which
cvnatitutes or will constitute conduct pro-
hibited by subsection (al, the Attorney Gen-
eral may initiate a civil proceeding in a dis-
tric;t court of the United States to enjoin
such act or practice Such court shalt pro.
ceed; as soon as practicable to the hearing
and determination of such. action and may,
at any time before final determination,
enter such restraining orders or prohibi-
tions, or take such other action as is war-
ranted, to prevent injury to the United
Stales or to any person or class of persons
knowingly use the words Defense Intelli-
gencx Agency, the initials DIA; the seat of
the Defense Intelligence Agency, or any col-
orable imitation of such words, initials, or
seal in connection with any -merchandise,
impersonation, solicitation, or commercial
activity in a manner reasonably calculated
to convey the impression that such use is ap-
proved, endorsed, or authorized by the Secre-
"191. Unauthorized use of Defense Intelli-
pence Agency name, initials6 or
seal
1I ?1. Unauthorized use of Defense InteilU-
pence Agency name, initial; or seal
"(,a) No person may. except with The writ-.
ten permission of the Secretary of Defense,
far whose protection the action is brought'
(b) The tables of chapters at the beginning
of subtitle A, and at the beginning of part I
of subtitle A, of title 10, United States Code,
are amended by inserting after the item re-
lating to chapter 7 the following new item:
"S. Defense Agencies 1911:
Ai'TOALa77C DATA PROCESSING LQUD'MSNT OR
seR V7C=
Sic 50L (a) Section 3 of the Central Intel=
lipence Agency Act of 1949 (50 U.S.C 403c) is
amended by adding at the end thereof the
following new subsection: -
"(e) Notwithstanding subsection (el) of sec-
tion 111 of the Federal Property and Admin-
istrative Services Act of 1949 (40 U.S.C
759(e)), the provisions of section 112 of such
Act relating to the procurement of automat-
ic data processing equipment or services
shalZ not apply with respect to such procure-
ment by the Central Intelligence Agency.".
2J Subsection (c) of section 3 of the Cen-
tral Intelligence Agency Act of 1949 f50
U.S.C. 403c(e)), as added by subsection (a) of
this section, does not apply to a contract
made before the date of enactment of this
Act
creditable under sections 251, 252, and 253 the amount of the annuity calculated under
of this Act, at least fire years of which were subparagraph (A) for a surviving spouse in
spent outside the Urated States by both the any case in which there is also a surviving
participant and the former spouse.'. former spouse of the participant who quati-
CoMPUTA77oN or ANNtzrrILS FOR ores nuN fits for an annuity under section 222(b) may
. FDRSSLR spouses not exceed 55 percent of the portion (if any)
Sac 603. Section 221 of the Central InteZU. of the base for survivor benefits which 7&
pence Agency Retirement Act of 1964 for Cer- mains available under section 222fb)(4)(B).
tain Employees is amended- "(C) An annuity payable from the fund to.
11) by inserting immediately above the see- a surviving spouse under this paragraph
'Lion the following section heading "coserv- shall commence on the day after the partict-
2*A770N Or Aar7Urr,ES FOR O27MA TS .N ponwea pant dies and shalt terminate on the last
spovsas': and day of , the month before the surviving
(2) by amending subsection (b) to read as spouse's death or remarriage before attain-
follows` ing age 60. If such a survivor annuity is ter.
"(b)(1)(A) Except to the extent provided urinated because of remarriage, it shall be -
otherwise under a written election under restored at the same rate commencing an the
subparagraph (BI or (C), if at the time of re,. date such remarriage is dissolved by death,
tirement a participant or former partici- annulment, or divorce if any lump sum paid
pant is married for has a former spouse who upon termination of the annuity is returned
has not remarried before attaining age 60), to the fund.'. ' . -
the participant shall receive a reduced an- .exGtr7 OFELEC77ON
nuity and provide a survivor annuity for Sec 604. Section 221 of the Central Intelti-
his or her spouse under this subsection or Hence Agency Retirement Act of 1964 for Cer
former spouse under section 222(b), or a Lain Employees, as amended by section 603
combination of such annuities, as the case of this title, is further amended in subsec-
tiara A married participant or former par- iara (DJ--(I)" after
and
ticipant and his or her spouse may jointly 12) by inserting 121 by Ling paragraphs elect in writing to waive a survivor annuity l2 as clareusdes (A) esign a and nd ctfly and
for that spouse under this section for under (3) re e
section 222(b) if the spouse later qualifies as 1 by adding at the end thereof the follow-
section Iloue-
a former spouse under-section 204(b)(4)), or in "
to reduce such survivor annuity under this i p t A surviving
former former spouse, participant Of shall any -raPart
section for section 2.22(b)) by designating a become me entitled a ivor to
bec f a survivor annuity annuity Pay*
portion of the annuity of the participant as the restoration n
s
p
the base for the survivor benefit. Zr the mar- able from the fund unless less the he survivor ecor
r
nape is dissolved following an election for to receive oth survivor
survivor
such a reduced annuity and the spouse annuity to s it which ich he instead
or of she any may be entitled
as a farmer spouse, the base used under this or e
basis of system
in calculating any annuity of the former for Government any other employees on the retirement
spouse under section 222(b) may not exceed
the portion of the participants annuity des- marririage age to to someone other than n that t Par
ignated under this subparagraph tfcipanL':
-YC) if a participant or former partici- BUPPLEMFJVTALANNW7 L3 Rlcpl?V!ATIOMOF --
pant has a former spouse, the participant ANNUmffi
(or former participant) and such former ' Sec 605. Section 221 of the Central Intelli-
spouse may jointly elect by spousal agree- pence Agency Retirement Act of 1964 far Cer-
meet under section 263(b) to waive a survi- tain Employees, as amended by sections 603
var annuity under section 222(b) for that and 604 of this title, is further amended by
former spouse, if the election is made fit adding at the end thereof the following:
before the end of the 12-month period begin- "(m)(I) Any married annuitant who re-
nting on the date the divorce or annulment verts to..retired status with entitlement to a
involving that forme- spouse becomes final supplemental annuity _ under subsection
or (ii) at the time of retirement of the par- 271(b) shall, unless the annuitant and his or -
ticipant. her spouse jointly elect in writing to the con-
"(D) The Director may prescribe reguta- teary at that time, have the supplemental'
tions under which a participant or-former annuity reduced by 10 percent to provide a
participant may make an election under supplemental survivor annuity for his or her
subparagraph (B) or (C) without the partial- spouse. Such supplemental survivor annuity ,.
pant's spouse or former spouse if tree partici- shall be equal to 5S percent of the supple,
pant establishes to time satisfaction of the Di- mental annuity of the annuitant and shall
rector that the participant does not know, be payable to a surviving spouse to whom
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,,August 19, .1982 :QNGRESSIONAL RECORD -- H(,. SE H 6639
the annuitant was married at the time of re- valved becomes find; whichever is later. The the former spouse remarries before becoming
version to retired status or whom the annu- annuity of such former spouse and the right 60 years of age: .
itant subsequently ma.rrie& thereto terminate on- . "(3) An annuity payable tram the.Nnd to
12) The Director shall issue regulations to "(A) the last day of the month before the a surviving former spouse under this subsea
provide for the application of paragraph (1) former spouse dies or remarries before 60 tion shall commence on the day after the an
of this subsection and of subsection 271(b) years of ape; or nuitant dies and shall terminate on the last
in any case in which co annuitant has a 'YBI the date the annuity of the partict- day of the month before the former spouse's.
former spouse who was married to the par- pant terminates (except to the case of an an- death or remarriage before attaining age 60.
ticipant at any time during a period of nuitY subject to paragraph 4(B)1. If such a survivor annuity Is terminated be=
recall service and who qualifies for an annu- 'Y4)(A) The annuity payable to any par. cause of remarriage, U shall be restored at
sty under section 222(b). ticipant shall be reduced by the amount of the same rate commencing on the date such
"(n) An annuity which is reduced under an annuity under this subsectioih paid to remarriage is dissolved by death, annul. ,
this section or any similar prior provision any former spouse based upon the service of scent. or divorce if any lump sum paid upon
of law to provide a survivor benefit for a that parttcipgnL Such reduction shall be termination of the annuity is returned to
spouse shalt, if the marriage of the partici- disregarded in calculating the survivor an. thefun z. .. S '
pant to such spouse is dissolved, be recom- nutty for any spouse, former spouse, or other " "(4)(A) The maximum survivor annuity or
puled and paid for each full month during survivor under this title, and in calculating combination of survivor annuities under
which an annuitant is not married for is re- any reduction in the annuity of the parties- this section (and section 221(b)(3)) with rye-'
married if there is no election in effect pant to provide survivor benefits under sub- spect to any participant or former partici-
under the following sentence) as if the annu- section W or section 221(b). pant may not exceed 55 percent of the full
ity had not been so reduced, subject to any "ID) If any annuitant whose annuity is re- amount of the participant's annuity, as cal.
reduction, required to provide a survivor duced under subparagraph (A) to recalled to culated under section 221(x!.
benefit under section 222(b) or W. Upon re. service under section 274 or reinstated :or "fB) Once a survivor annuity has been
marriage the retir 4 participant may irrevo- reappointed, -in the case of a recovered des- Provided under this subsection for any
cably,elect, b/ means `cif a signed writing re- ability annuitant, or if any annuitant is former spouse, a survivor annuity for an.
ceived by the Director within one year dater reemployed as provided for under sections other individual may thereafter be provided
such remarriage, to receive during such 272 and 273, the salary of the annuitant under this subsection for section 221 (b)f3/l
marriage a reduction in annuity for the pur. shall be reduced by the same amount as the with respect to a participant orfarmer par.
pose crf allowing an annuity for the new annuity would have been reduced if it had with ant only for that portion (if any) of the
spouse of the annuitant in the: event such continued Amounts equal CO the reductions maximum available which is not committed
spouse survives the annuitant. Such reduo-. under this subparagraph shall be deposited for survivor benefits for any former spouse
tion shall be equal to the reduction in effect in the Treasury of the United States to the whose Prospective right to such annuity has
irnmed'"iately before the dissolution of the credit of the fund ' terminated by reason N death or vendee
erminated
previous marriage (unless such reduction is "Y51 Notwithstanding paragraph t3), in not t
rfave.
under section 222fbllS)J, and shall the case of any farmer spouse of a disability "(C) After the death of a participant or
be effective the first day of the first month annuitant- former participant, a court order under sea "W the annuity Qr that former riage.b .A eginning one survivor year after annuity the elected date of under rtmar- (his shall commence on the date the participant tion 263(b) may not adjust the amount of ? subsea.son shall be treated in all respects as would qualify on the basis of his orhercred- the annuity of any former spouse under this
section. .
a surer vor annuity under subsection (b). liable service for an annuity under this title "(5)(A) For each full month after a former
"(o) 77e Director shall, on an annual (other than a disability annuity) or the date a participant or tosser partici-spouse -o
f basis Vie disability annuity begin whichever is pant dies or remarries belarr ante attaining "(1) Inform each participant of his or her later, and age
right of election under subsections (f)l2) and "(B) the amount of the annuity of the 60, the annuity of the participant, if reduced
(n); and former spouse shall be calculated on the to Provide a survivor annuity for that
"(2) to the maximum extent practicable, basis of the annuity for which the partici- former spouse, shall be recomputed and paid
inform spouses or former spouses of part id- pant would otherwise so qualify. - . as if the annuity had not been so reduced.
pants or former participants of their rights '16) An' annuity under this subsection unless an election is in effect undersubparm.
under this section and section ZZZ 523, and shall be treated the same as a survivor an. graph ( "(B) Subject 234(c), (d) and - - I nutty under subsection (b) for purposes cf bject to paragraph (g wt. tthin par
section 2211g)(2) or any comparable provi- XPOV= . year c ret may elect in writing win one
eohrrorsn oz axn-vrrras rbs roRaraye sion of law. year after receipt of notice of the death or r e-
'Y7) No spousal agreement or court order marriage of the former spouse to continue
Sac ,606 Past C Qf 1itIe II of the Central under section 263(b) involving any partici. the reduction in order to provide a higher
.rntelliy'ence Agency Retirement Act of 1964 pant may provide for an annuity or any survivor annuity under section 22!(b)(3) for
for Certain Employees is amended by combination of annuities under this subaer- any spouse of the participant.
adding at the end thcreofihefoltowin~ tion which exceeds the annuity of the par- "Ici(1) In the case Q f any participant or
' cM&Pur1r70N QFARNUn7ZS POX )OR ticipant No such court order relating to an former participant providing a survivor an-
srov= annuity under this subsection may be given nutty benefit under subsection (b) for a
"Svc 222. (a)(1) Imes: otherwise expresst;y effect V it - is issued more than 12 months formerspouse-. -
provided by any spousal cgreemsent or court after the date the divorce or annulment in. "(A) such participant may elect. or
order under section 263fb).. a former. spouse valved becomes fnaL (B).a spousal agreement or court order
of a participant or former participant is en- "(b)(1) Subject to any election under sea under section 263(b) may provide for,
titled to any annuity- tion 221(b)(1HC) and unless otherwise ex- an additional survivor annuity under this
"(A) if married to the participant through. pressly provided by any spousal agreement subsection for any other former spouse or
out the creditable service of the participant. - or court order under section 263(b), if a spouse surviving the participant. if the par-
equal to 50 percent of the annuity of the par- former participant who is entitled to receive ticipant satisfactorily Passes a physical ex-
ticipant; or an annuity is survived by a former spouse, amination as prescribed by the Director.
"(B) if not married to the participant the former spouse shall be entitled to a sur- "(2) Neither the total amount of aurv!vor
throughout such creditable service, equal to moor annuity-. annuity or annuities under this subsection
a proportion of S0 percent of such annuity "(A) if married to the participant through- with respect to any participant or former
which is the proportion that the number of out the creditable service N the participant. participant, nor the survivor annuity or an-
days of the marriage of the former spouse to equal to 55 percent of the full amount of the nuities for any one surviving spouse or
the participant during periods of creditable participant's annuity, as computed under former spouse of such participant under this
service of such participant under this Act section 221(a), or section or section 221, shall exceed 55 per-
bears to the total number of days of such "(B) if not married to the participant cent of the full amount of the participant's
creditable service throughout such creditable service, equal to annuity, as computed under section 221(?):
"(2) a former spouse shall not be qualifier[ a proportion ,of 55 percent of the full 'Y31(A) In accordance with regulations
for an annuity under this subsection if amount of such annuity which is the pro- which the Director shall perscribe, the par-
before (hie commencement of that annuity portion that the number of days of the mar- ticipant involved may Provide for any an-
the former spouse rrmar-ice before becoming riage of the former spouse to the former par- nuity under this subsection-
60 years of ag& ticipant during periods of creditable service 'Yt) by a reduction in the annuity oran
(3) The annuity of a former spouse under of such form2r participant under this Act allotment from the salary of the participant,
this subsection commences on the day the bears. to the total number of days of such "fit) by a lump-sum payment or install--
participant upon whose service the annuity creditable service . scent payments to the fund, or
is based becomes entitled to an annuity "(V A former spouse shall not be qualified "file) by any combination thereof.
under this title or on the first day of the for an annuity under this subsection if "(B) The present value of the total amount
month after the divorce or annulment in- before the commencement of that annuity to accrue to the fund under subparagraph
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ii 6640 1J1%VL4L-NJLVLtti.Y L-i,VVaa-rr - --- r ?+ %dw (A! to provide any annuity under this sub- "(3) For the purposes of applying this Ace (2) by adding at the end thereof the follow.
section shall be actuari@UY equivalent in any such election shall be treated in the into
value to such annuity, as calculated upon same manner as if it were a spousal agree- "(b) Payments under this Act which would
such tables of mortality as may from time to meet under section 263(b).: otherwise be made to a participant or the
time be prescribed for this purpose by. the -7c) An election under this section may child? survivor, or former spouse of a par
provide for a survivor benefit based on all or ticipant based upon the service of the par.
Direct=
'7C) if a former' spouse pre~eases its any portion of that part of the annuity of ticipant shall be paid (in whole or in part)
-'
L
l-~-a -.!et
h is not designated Or by the r)frector directly to the participant
ning the crt
c
c
age 60 for, in the case of a spouse, the spouse
does not quality as a former spouse upon a spouse or any other former spouse of the participant according to the terms of any le-
dissolution of the marriage!- participant. The participant and his or her gaily enforceable spousal agreement or re x-
'741 if an annuity reduction or salary al- spouse may make an election under section ' ognized court decree of divorce, annulment,
lotment under subparagraph (A) is in effect 221(bJ(I)'B) prior to the time of retirement or Legal separation between the participant
for that spouse or former spouse, the annu- for the purpose of allowing an election to be and that former spouse, or the terms of any
ity shall be recomputed and paid as if it had made under this section. recognized court order or court-approved
id
t t
t i
en
nc
o
not been reduced or the salary allotment ter- "(d) The amount of the reduction in the property settlement agreemen
inated, as the case may be, and participant's annuity shall be determined in any such spousal agreement or-court decree' .
ur
"(ii) ? any amount accruing to the fund accordance with section 821(b)(2). Such re- Qf divorce, annulment. or legal separation.
under subparagraph (A) shall be refunded, duction shall be effective as of-- Any payment under this subsection to' n
but only to the extent that such amount may (I) the commencing date of the pa> party to a spousal agreement, or court
have exceeded the actuarial cost of gravid' pant's annuity, in the case of an election. decree of divorce, annulment, or legal sepa
ing benefits under this subsection for the under subsection (b)(1), or . ration or property settlement agreement in;
period such benefits were provided, as deter- (2) November 15, 1982 in the case of an cident thereto shalt bar recovery by any
mined under regulations prescribed by the election under subsection (b)(21.': otherperson,
Director: - DISCON77JVUED S.envJCC BFIVJ:= 71CJDVJCAL AAlSND.KZg25 . .
"(D) Under tgulations Prsacribed by the Sac. 60& Section 234 of the Central Intel2i- SE's 620. The Central Intelligence Agency
Director; an. annuity shall be recomputed pence Agency Retirement Act of 1964 for Ccr Retirement Act of 1964 for Certain Employ-
(or salary allotment terminated or adjust- Lain Employees is amended- "Any' ees is further arnended-
ed), and a refund provided (if approprtatel. (I) by striking out in subsection (a) (1) by striking out in the first sentence of
in a manner comparable to that provided ` and inserting in lieu thereof the foliowinW section 221(f) ' "Any" and inserting in Ides
under subparagraph (C), in order to reflect a Subject to the limitations contained in sub- thereof the (f) A following: Suttiect to the rights
termination or reduction of future benefits sections (c), (d), and (el, any': and - of former spouses under sections 221(b) and
under this subsection for a spouse in the (2) by adding at the end thereof the foltow. 222, any'; and
event 4 ,former spouse of the participant dies ins. - . - . :. (21 by adding to subsection 221(11 the fat-
or remarries before attaining age 60 and an (c) Whenever a participant becomes sego.- towing parvgraph `-
increased annuity is provided for that rated from the Agency without becoming eli- "14) This subsection shall not apply to the
spouse in accordance with this section. gibie for an annuity or a defe-'red annuity extent provided in section 22Zfd).p
. ?
_
14) an annuity payable under this s u b s e t - under this Act and becomes entitled to re-
LSR
O ' COhm .
Lion to a spouse or former spouse shall con- ceive a jump-sum Payment under t h i s sea - CO U
mence on the day after the participant dies tion or section 241, a share of that lump- Sac 61L Section 211 of the Central Intelli-
and shall terminate on the last day of the sum payment shall be paid to any former pence Agency Retirement Act of 1964 for Ce -
month before the former spouse's death or spouse of the participant in accordance tain Employees -is further amended by
remarriage before attaining age 60. with subsections (d) and /t.1. adding at the end thereof the following new
"(51 Section 291 shall not apply to any an- ?7d) Unless otherwise expressly provided subsection:
nutty under this subsection, unless author- by any spousal agreement or court order "(c) Amounts deducted and withheld from
ized under regulations by the Director. under section 263(b), the amount of a par- the basic salary of a participant under this
"(di Section 221(1) shall not apply- ? ticipant's or former participant's lump-sum section. from the beginning of the first pay
"(1) to any annuity payable under subset.` credit under this section or uruler section period after the participant has completed
lion (al or (b) to any former spouse if the' 241 payable to a former spouse of that Pas- thirty-Jive years of creditable service corer
amount! of that annuity varies by reason of ticipant shall be- puled under sections 251 and 252 !excluding
a spousal agreement or court order under "(1) if the former spouse ens married to service credit for unused sick leave under
section 263(b), or an election. under section 'the participant throughout the period of section 221(h)), together with interest on
?221(b)f.U(B), from the amount which would creditable service of the participant, 50 per- these amounts at the rate of 3 percent a year
be calculated under subsection -tal(l) or cent of such lump-sum. credit to which such compounded annually from the date of the
(b)(1), lzs the case may be, in the absence. c f participant would be entitled in the absence deduction to the date of retirement or death,
such spousal agreement. court order, or oleo. of this subsection: or shalt be applied toward any special contri-
tion; 02' "(2) if such former spouse was not married button due under section 252(b), and any
"12) a !.o any annuity payable under Bubb- to the participant throughout such credit- balance not so required shall be refunded in
section (cl. ". . able service, an amount equal to a propo - a lump sum to the participant after separa-
SUR WVVOR BENEFrrs FOR CERTAIN FORMER tion of 50 percent of such Lump-sum credit Lion for, in the event of a death in service, to
srOOSas. which is the proportion that the number.nf a beneficiary in order of precedence speei-
Sec. 607. part C of title rl of the Central days of the. marriage of the former spouse to red in subsection 241(bl(1)), subject to any
Intelligence Agency Retirement Act of 1964 the participant during periods of creditable. restrictions on lump sums under section 234
for Certain Employees, as amended by see- service of such participant under this Act of this Act regarding notification or consent
lion 606 of this title, is further amended by bears to the total number of days of such of a current spouse to. such payments, or the
adding.at the end thereof the following: creditable service. Participant may use these sums to purchase
'EJ.ECfON OFSURWVOR BEN=7s FOR CERTAIN Such Lump-sum credit of the participant an additional annuity in accordance with
rOPJmnER SPOASe shall be reduced by the amount of the lump- section 281, or any other elective benefit!
'Sac 223. (a) Any participant or former sum credit payable to the former spouse. authorized by this Act. including additional
participant in the Central Intelligence "(t.) A lump-sum payment under this sec- retirement or survivor benefits for a current
Agency Retirement and Disability System Lion or section 241 of this Act may be Paid or former spouse or spouses..
who On November 15, 2982 has a former by the Director to or for the benefit of a par- pA1t77CjrAh= IH TBx C1vtZ SimV7CS RLTJREXCNT
spouse may, by a spousal agreement, elect to ticipant- SYSTEM
receive a reduced annuity and provide a (1) only upon written notification by the SEa 612- The Central Intelligence Agency
survivor annuity for such former spouse Director to a current spouse of the partial- Act of 1949 (50 403 a-ml is amended
under section 222(b). pant, if any; and
"(bill) If the participant or former par- (21 only if the empress written concur- by adding at the end thereof the following
rence of that spouse has been received by the new section:
ticipant
orb has not retired under such a terra Director.': "RE77RewzNrzQun7?OR SPOUSES orCERr m
o
on or ;before November 15, 1982, an election ramLoyyES
under this section may be made at any time SPOUSAL AGREEMENJS; couRrDrCREts
before retirement SEC 609. The Central Intelligence Agency -Sec 14. la) The provisions of sections
"(2) If the participant or,former partial- Retirement Act of 1964 for Certain Employ- 204, 221(b)(1)-(3), 211(f), 221(0112), 22181,
pant has retired under such system on or ees is further amended- 221(m), 221(n), 221(o), 222, 223, 234(c),
before November 15, 1982 an election under (1) by striking out "None" in section 263 234(d), 234(e), and 263(b) of the Central In-
this section may be made within such period and inserting in lieu thereof "(a) Except as telligence Agency Retirement Act of 1964 for
after November 15, 1982 as the Director may provided in subsection (b) of this section, Certain Employees (50 U.S.C. 403 note) es-
prescrtbe none'; and to-blishing certain requirement.% limitations.
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J ,s f A t j$ IY82 CONGRESSIONAL. RECORD - HMSE H 6641
W V R
.. Authorizatf s f
mentSchedul and Its classifi
nnu roes
surrriir~benrttz, and HARRIsox~.Scinarr
do
e
rnL
a
,
.
e
annex
fo
TlAftil
i _. r< payments for a spouse or former Drur zz.PATRICK programs which fall Into the appropriation
and Disabfli4r System shall HENRY M. JACxsox, TTTI.E U-fl I..LIGETJCE Cow
^ ,~: in the anlne t _nrscr used to the same - PAT J. LrAay. STAFF
{ Ltoscv BEtcsrLa
a
the Civil Service Ra For matters of inter- ^ The House bill authorized $17 million and
Osr1e,' R in c2panf in
`^(b! 7"` - ices amendment authorized $15.2 and 210 per
..,,..aaement in cansullation with the
:- pew"" regulations as may be necessary managers on me man of use Senate, to a total authorization of $15.4 million and
, ,element the provisions of this aeo- Jonrr I L.ANATO27 STATEMENT OF TIM - 210 personnel
613. (etJ Except as provided in subsea
a a effect on November15. 1982, -
me provisions of section 222(a) of the
Intelligence Agency v
Retirement Act
for Certain Employee6 as added by
Citle. regarding the rights of former
to an annuity shall apply in the
es of any individual who after the effe c.
ts~ bate of this title becomes ?a former
of an individual who repar+ates from
,Krvice with the Agency after such date..
gal Except to the extent provided in se&
123 of the Central Intelligence Agency
rtiment Act eaf 1964 for Certain Employ.
ese, the provisions of section 221(b) Jas
=mended by this title! and Me-provirions of
,,bsee:tions (b)'and (ci-ofsection2ll of suds
lrl as added by this titl , regarding the
ri;hts of former spouses to receive survivor
annuities shall apply in the case of any in-
diridv,al who after the effective date of tht$
pant or former participant to the Central
Intelligence Agency Retirement and Disabil-
ity System,
rI rLE VII-GENERAL PROVISIONS
innBIC770N ON-CoND&K.TOrT 7'2.tJGc NCZ
AC77Wfl
Sru. 701. The authorization of appropri-
ations by this Act shall not be deemed to
constitute authority for the conduct of any
intelli0)enee activity which is not otherwise
authorized by the Constitution or laws of
the United States - -
]NCRS4SES rN ZMPLO _- Br.NM 7S AtrFXOR1ZEA
B P ZAW
Sic 702. Appropriations authorized by this
Act for salary, pay, retirement and other
benefits for Federal employees may be in.
creased by such additional or supplemental
amounts as may be necessary for increases
in such be cftts authorize( by later
EFFECm2 nsTa
SEC 703. The provisions of titles IV and V
and of this title shall become effective upon
the date of the enactment of this Act
And the Senate agree to the same.
EDWARD P. BOLANPD,
CLES-ENT J. ZAzOCR:7r
NORM" Y. Mrxrra.
BOB STwer,
CHARLIE Rosz;
ALBERT Gone, Jr., ?
J. K. ROHINSON.
G. WXLI. 5 Wrarenvasr. -
For matters falling
within the jurisdic-
tion of the Com-
mittee on Armed
Senic er
MEt.vue PRICE.
6s.nusn S. STRATTON.
W. L. DICKINSON.
and the Senate at-the conference on the dis-
agreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R.
6068) to authorize appropriations for fiscal
year 1983 for intelligence and intelligence-
related activities of the United States Gov-
ernment. for the Intelligence Community
Staff, for the Central Intelligence Agency
Retirement and Disability System, to au-
thorize supplemental appropriations for
fiscal year 1982 for the intelligence and In-
telligence-related activities of the United
States Government. and for other purposm
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 accom-
panying conference report
The Senate amendment struck out all of
the House bill after the enacting clause and
Inserted a substitute text.
The House recedes from Its disagreement
to the amendment of the Senate with an
amendment which is a substitute for the
House bill and the Senate amendment. The
differences between the House bill, -the
Senate amendment. and the substitute
agreed to in conference are.noted below,
except for clerical corrections, conforming
changes made necessary by agreements
reached by the conferees, and minor draft-
ing and clarifying changes,
TTTLE I-D('ItL IGENCE ACT-1 yi ITN
Due to the classified nature of intelligence
and intelligence-related activities, 's classi-
fied annex to this Joint explanatory state-
ment 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 Comittee of Conference. -
The actions of the conferees on an =at-
ters at difference between the two Houses
(stated in the classified annex accompaay-
Ing the House bill, and the classified report
and appendix that accompanied the Senate
amendment) are shown below or in the clas-
sified annex to this Joint statement .
A special conference group resolved differ-
ences between the House and Senate regard-
ing DOD Intelligence Related Activities, re-
ferred to as Tactical Intelligence and Relat-
ed Activities (TIARA). This special confer-
ence group was necessitated by the differing
committee Jurisdictions between the two
Houses and consisted of members of the
House and Senate Committees on Armed
Services and the House Permanent Select
Committee on Intelligence.
The amounts listed for TIARA programs
represent the funding levels Jointly agreed
to by the TIARA conferees and the House
and Senate conferees for the Department. of
Defense Authorization Act, 1983, for those
programs subject to
annual authorization
,
Managers on the Part cif the Houses
and contained in the Department of De:
BARRY GOLXWATER, fense Authorization bill. In addition, the
MALCOLM WALLOP.. TIARA conferees have agreed on the au-
JAZZ GAZA. ? thorization level, as listed in the classified
OiTWJGENCE COMMUNtrY STAFF (ice-.CONFEREia
ACflONS?-FISCAL. YEAR 1983
(Dix iq toiio^el . -
NX3
.
MW*
Jim
Kim
. nm
ere
i Kai
nsrw
-13
-13
-L!
-13
n
{
hd rrA m
.
uacht_.
4.5
-
-
Ft g not at cst
IL1
33
I
_
(Manpvw Id at
-
(210)
(21
TOW KS -
K:S
ILL
-13
-U.
-23
_
ISi
"W*W_
(220)
(-10)
{_30)
- (210)
The conferees were in agreement that the
IC Staff may receive computer support from
any agency of the Community provided
such support is In keeping with other au-
thorization decisions. - -
IC staff personnel (millionsk -$0.4.
The conferees agreed to the Senate reduc.
tion.
External contracts (millions)-
The Senate reduced CIA external con-
tracts by $1.5 million. The conferees agreed
to a restoration of $0.3 million- The restored
funds are to be earmarked as indicated in
the classified annex to the joint explana-
tory Statement.
-SECTION 401
The actions of the conferees on all mat-
ters at difference between the two Houses
(stated in the classified annex accompany-
ing the House bill and classified report and
appendix accompanying the Senate amend-
ment) are shown In the classified annex to
this Joint explanatory statement
? SECTION 402
The Senate amendment contained S. provi-
sion. section 402, which empowered the Di-
rector of Central Intelligence to authorize
the employment of additional civilian per-
sonnel at the Central Intelligence Agency
above the limit set by the Intelligence Au.
thorization Act for Fiscal Year 1982, upon
his determination that such action was nee-
essary to the performance of important in-
telligence functions. Section 402 permitted
this additional authorization to exceed the
statutory limit by two percent of the fiscal
year 1982 personnel veiling and required
that the authorization be reported promptly
to the House and Senate Intelligence Com-
mittees. The House bill contained no similar
provision.
The conferees agreed to the Senate provi-
sion. The conferees believed that, based on.
the presentation by CIA officials, an oppor-
tunity existed to hire new employees at CIA
In several critically important fields. These
were applicants whose qualifications would
provide job opportunities in other areas of
government or private industry. The confer
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H 6642 %mor CONGRESSIONAL RECORD - H....~JJJr August i.7, 1982
eel had agreed to increase the CIA person- is processing equipment and services ex- eats are accorded the spouses in recognitioq
nel ceiling in fiscal year 1983 and felt that tensively in the conduct of intelligence ac- of the difficulties of their life abroad In sup.
advancing the time within which certain tivities. To conduct such activities effective- port of the professional activities of the of.
new employees could be hired made good ly requires reliability, reasonable flexibility ficers and their contribution to fulfillment
and the highest security in the of the mission of the CIA. Providing these
d
d
spee
,
sense. an
It. is the understanding of the conferees acquisition of supporting automatic data benefits automatically and directly from the
that the authority granted by section 401 processing equipment and services. Eater- fund in case of divorce will provide substan. -
will be used,to hire only those new employ- nally Imposed ADP-related constraints di- tive and procedural protections for these
ees who fall within areas of identified need. minish the effectiveness of this process. To persons. However, in individual cases in
Section 401 represents the unique congru- resolve this conflict with respect to Depart- which the division of benefits specified by
ence of both opportunity and need within meat of Defense intelligence activities, the Title VI would be inappropriate, state
the last few months of the fiscal year. Ordi- Congress Included in the Fiscal Year 1982 courts (or the parties themselves through
narily, such authority is not needed. DOD Authorization Act a new provision spousal agreement) will remain entirely free
. ,. ems. udes ?n r)pnatnent of Defense to review the division and reach an aiterns..
The Senate amendment contained '& provi- ewr egt>Jpmeur euu aci r,~ y ........... ..-
sloia, section 502. which would exempt the whose function, operation, or use involves > onoyoaos
re?+~t r?tpnippnce Asenc9 from the provi- intelligence activities from the scope of the
... The intent of both the House bill and the
pixmhase, lease, and maintenance of auto- p Service Retirement and Disability System-.
matic data processing (ADP) equipment by This separate category of ADP procurement Sei ce Retirement to implement them
federal agencies. Section 111 grants the Ad- exclusion, In addition to the category Involy-
inz ll activities. is unnecessary through regulations conforming to the rele.
+....~....i.lr An= _i,
ace
sa
m
mb-dstrator of General Services?to coordl- fulfillment of intelligence or, e p tral Intelligence and the Director of the
nt for routine administrative and business )). . Office of Personnel Management (for Civil
nate and provide for economic and efficient t10 US C 2315(aX5) and (b))
o
aw
bill contained no similar provision. The con- t1on, operation, or use, while not involving former spouses. The House
ierees agreed to the Senate provision. a intelligence activities, is critical to the direct established the rights of the spouses in gen.
t eral terms and directed the Director of Cen.
Section Ill authorizes and directs the Ad-
i
i
scope of t.ne arvuaca eae& wa+ Y.-P-- Act of 1980 that dealt witbl the rights of
II.~i.G. 739), the "Brooks Act" The House of ADP equipment and services whose ftmo-
b[ll w
uld h
chaise, lease. transfer from other federal ai Leieux, wa J - d s??` adopted detailed statutory . arnendmentr
agencies, or otherwise. and to provide for ~o~ security-related responsibilities, the based on the provisions of the Foreign ants,
ADP equipment maintenance and repair by Central Intelligence Agency engages exclu-
contract or otherwise. The Administrator sively in intelligence activities, and the rune- ice Act." to the CIA Retirement and DisabII-
+~ +1- anrt a,ra of All CIA ADP ity System (CIARDS) to guide the Director
oaunend uniform federal ADP standards to oucu nu C.__-
1973, President The President has delegated 1973, the Administrator of General Services The Director of Central Intelligence and
has the a delegation of authority for the Director of OPM are completely free to
c
the Secretary of Commerce authority to
provide. scientific and technological ADP ad. intelligence activities contained in 10 V.S.C. created by statutory amendments, which
~~, Sra of t_ spell out in great detail the precise legal in-
In addition to granting .wr egwpmena. eluding CIA ADP equipment and services
of General alts of the spouses.
procurement authority to section the 111 grants Administrator procurement from the scope of the Brooks In adopting the Senate approach. the con.
to
t is uivalent to the exclusion for DOD fames believe that no undue inflexibility is
A
his authority to establish uniform federal p
ADP standards to the Secretary of Com. procurements under the Brooks Act. Like- prescribe, within the legal framework that
merce. wise, when the Agency has sought a waiver has been created. the procedures required to.
The Federal Property and ve of the Federal Information Processing implement these Interests.
Services Act generally does not affect the Standards-front the Secretary of Commerce, The detailed provisions contained in the
Central Intelligence Agency since section It has been granted. It appears clear that. Senate amendmen? and adopted by the con.
602(d)(17) of the Act provides in pertinent over a considerable period of time, the ferees have been drawn directly from the
part: Agency has always been able to make Its relevant provisions of the Foreign Service
'Nothing In this Act shall impair or affect case for exception from the statute's provi- Act, with minimal conforming amendments
any authority of- ... (17) the Central In. lion in the interests of the national security, to the Act which established CIARDS.
telligence Agency; .. Exempting the CIA entirely will not change Since the virtually identical provisions In
but it the-Foreign Service Act were enacted. the
f CIA ADP roctlrements
o e
lion of this Act or any other Act which is in a rn AND DISARM= sTsM ecsansi
consistent with the provisions of this sec, and have not resented in shared use by Beth the House bill - and the Senate
tion shall be applicable in the admiuistra other agencies. amendment covered CIA employees who are
'
,
However, section 111(e) of the Act provid the nature o p
in pertinent part is likely to result in more timely procure- State Department has had nearly two years
The ... provisions of section 602(d) o meats and better security at no loss to the of experience In implementation and has de-
tr,is Act shall have no application in the ad government as a whole, since the Agencys veloped an extensive body of regulations,
ministration of this section. No other provi ADP procurements have always been creaft- - tss in zuz crv= sjmvicz R> tI?
A t
at the CIA's unique requirements
II31 ri i EQIIITY FOR .retirees from CIARDS or the CSRDS,
tion of this section." TITLE VI: REI
unlike the rest of the Federal Proper- SPOUSES OF CERTAIN CIA EMPLOY- vidfng that the marriage upon which former
ty and Administrative Services Act, section EES spouse benefits is based was for at least ten
11.1 (the "Brooks Act") applies to the Cen- Both thRouse contained bill provisions designed years during the period" of creditable gov-
tral Intelligence Agency. amendment ernment service of the participant, at least
Since 1973, the Central Intelligence to provide retirement equity for spouses of five years of which were spent outside the
Agency has operated under a delegation of certain CIA employees. The conferees United States _by both the participant and
ADP equipment procurement authority agreed to a modified version of the Senate the former spouse.'
from the Administrator of General Services. provision.
In the exercise of this delegated. authority The provisions of Title VI are substantial- -
the Agency observes the Federal Procure- ly equivalent to those of section 814 and re- 'The Rouse bill did not, contata a separate provi-
ment Regulations and the Federal Property lated sections of the Foreign Service Act of Sion to cover CSRDS retirees. Rather, the phi
agency retirement system" In the House bill was
Management Regulations. The General 1980, Pub. L. No. 96-464. These sections es- defined to include the CSRDS for participating
Services Administration periodically reviews tablished a vested interest for spouses of CIA employees
CIA ADP equipment procurement under its tirementsbeneeffits officers bofficers' re~ The Senate
qualifying tion 612 which established the generaa l separate for
delegated authority.
In its exercise of ADP equipment procure- former spouses to a pro rata share of the coverage of CSRDS retirees and ordered the Direct
traent authority the Agency must also ob- employees' retirement annuities,' survivor for of OPM to Prescribe implementing regulations.
serve the Federal Information Processing benefits and lump-suln disbursements paid in conformance with the relevant provisions of
Standards, the uniform federal standards from the retirement fund The amount of L7ARDS.
The conferees, in adopting the detaned appro-b
established by the Secretary of Commerce. ' these payments would be based on the dura- of the Senate amendment, modified section 612 to
The Central Intelligence Agency, like the tion of the marriage during the period of make clear by more detailed references to the rele-
Department of Defense, uses . automatic creditable government service. These inter- want CIARDS provisions that those CIA employees
1 Declassified in Part - Sanitized Copy Approved for Release 2012/07/11: CIA-RDP84-00933R000200020002-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/07/11: CIA-RDP84-00933R000200020002-8
that CSRDS payments would be affected month time limitations found in each of
only "in the case of an employee of the these provisions -
Agency on an immediate annuity under The conferees agreed to the House pOsi-
such system or who ... dies while employed tion, reinserting the 12-month time limita-
by the Agency." ' tion- in the detailed CIARDS amendments
The Senate amendment contained no aim- drawn from the analogous Foreign Service
par' restriction. Act Provisions. The inclusion of these time
One effect of -the reeiuirements of the limits ensures that Judicial divorce orders
House bill would have been that the vested based in part on a division of benefits affect-
interests of the spouse. accrued during the ed by this Act can become final.
period of marriage in Agency service, could In readopting the time limitations in
have been defeated by a transfer of the par- CIARDS section 221(b)(IXC), however, the
ticipant to another federal agency prior to final phrase of section 806(bXIXC) of the
retirement, The conferees agreed that the Foreign Service Act, "whichever comes
need to close this loophole outweighed any first." has been left deleted. This is because
possible administrative inconvenience that this phrase would unnecessarily restrict
OPM might suffer in processing those few marital partners from making alternative
cases In which a long-time CIA officer. with dispositions of survivor benefits after retire-
at least five years overseas service, transfers ;meat but prior to a divorce.
late in his career to another civilian federal
agency. ELEmON or strRVrvoR EENErrrd row CERTA=
Office of Personnel Management who.has The House bill incorporated by reference
primary rulemaking authority for the the terms of section 2109 of the Foreign
CSRDS participants affected by these provi- Service Act enabling participants voluntar-
sions, in consultation with the Director of fly to provide survivor benefits out of their
Central Intelligence. -The conferees feel, uncommitted base for such benefits to per-
that the Directors of OPM and Central In. sons who are former spouses at the time of
telligence can minimize any recordkeeping this Title's enactment and thus are not ell-
difficulties by OPM In providing this special irible for Its benefits
benefit. For example, CIA could provide in The Senate amendment adopted detailed
its rules that' ex-employees of the Agency provisions from section 2109 but several sub.
inform it ol their' retirement: OPM could re- sections inadvertently were omitted.
quire that the CIA inform it of the retire- The conferees have adopted the Senate
meat of these individuals. CIA could. also language, modified to take the effective
inform OPM of the few facts needed to com- date provision into account, with the miss-
pute the former spouse benefits in eligible Ing subsections reincorporated. _
cases: Whether the participant and spouse 'crrvE DATS
qualify for this treatment based -on the du- The House bill established an effective
ration of the marriage and extent of over- date of 30 days after enactment for Title VL
seas service, and if so, how many days the The Senate amendment established an ef-
marriage perdured during Agency service. fective date of 90 days after enactment for
Provided with this information, OPM would Title VL
not have to earmark participant files for ap- The conferees agreed that Title VI should
plication of this procedure upon retirement. become effective on November 15, 1982.
It should be noted that OPM already, under EDWARD P. BOLAND,
Pub. L: No. 96-366, must provide retirement CL> aexNT J ZAm.ocxs,
benefits directly from the fund to former NORMAN Y. M)CATA.
spouses if ordered by a court to do so. (Simi- Boa Sr sp,
larly, the Director of Central Intelligence is CHARLIX Ross,
required to make payments from CIARDS ALBERT G?o=E, Jr..
directly to a former spouse if ordered to do J. K. Rosu+soN,
so by a divorce court, under Ex. Ord. Na Cl. Wn r rAm WffiTEStrRST
12197. section 1-101(e), which conformed - For matters falling
the Administration of CIARDS with the within the Jurisdie-
CSRDS in this regard.) tion of the Com-
waa'-stn[ rArnsErrrs mittee on. Armed
The House bill Incorporated by reference Services:
provision: of the Foreign Service Act which MsL.vLN Paid, -
entitled former spouses to a share of any SAMUEL. S. STRATTON,
lump-sum payment made to a participant
from the retirement fund.
The Senate amendment contained de-
tailed provisions which afforded the same
entitlements as the House bill and also re-
quired the Director to notify a current or
certain former spouses and obtain written
consent to such a withdrawal of employee
contributions to the retirement fund.
The conferees have accepted the Senate
provision, modified to eliminate the require-
ment of consent by certain former spouses.
These former spouses would already have a
statutory entitlement to a pro rata-share of
such payments. The purpose of the notice
and consent provision is to ensure that the
entitlement is not defeated by a lump-sum
withdrawal by a still married employee.
TIME LLMrTATIONs
The Hose bill incorporated by reference
the substance of sections 806(bX1)(C) and
814(a)(4) of the Foreign Service Act of 1980.
and their spouses who come within the purview of
Title VI an to be treated equally, whether the em-
ployee spouse is a member of CLARDS or CSRDS.
BARRY GoLDwArm,
MALCOLM WALLOP.
JALSE GARN,
W. V. Rorer, Jr.,
HARRISON J. ScEMrrr,
DANIEL. PATRICK
MoYxrsAN,
D. K. INOUYE. ? -
HENRY M. JACKSON,
PAT LEAFY,
LtoYD BENTSEN.
For matters of inter-
est to the Commit-
tee on Armed Serv-
Ices:
J. W. WARNER,
LEGISLATIVE PROGRAM.
(Mr. MICHEL asked and was give
permission to address the House for I
minute and to revise and extend his
remarks.)
Mr. MICHEL. Mr. Speaker, I asked.
to proceed for 1 minute for the pur-
pose of Inquiring of the distinguished
,majority leader the program for the
balance of the day, and concleivably to-'
morrow..: ?
Mr. WRIGHT. Will -the distin..
guished minority leader yield?
Mr. MICHEL. Yes.
Mr. WRIGHT. Mr. Speaker. I will
send to the desk a privileged resolu-k
tiori concerning the committee ap-
pointment for our newest Member.
Mr. MARTnvaz. Then, I will send to the
desk, a concurrent resolution for ap-
proval by the House and the Senate.
that when we adjourn, we stand ad-
journed until 12 o'clock on Wednes-
day. September 8.
I understand there is one conference
committee report that should take
maybe 5 minutes, the Communication
Act.
We will have some unanimous con-
sent requests. and then while awaiting
the Senate's return of our concurrent
adjournment resolution, we will take
up the appropriations bill on military
construction and proceed as far as we
can with that. If it were possible to do
it in a short period of time, perhaps we
could finish that tonight, but when we
adjourn tonight, whether or not that
bill Is completed, we would adjourn
until Wednesday. September 8, and
any further program will be an-
nounced later..
Mr. MICHEL. Do I gather then, for
emphasis. that there will definitely be
no session tomorrow?
Mr. WRIGHT. The gentleman is ex-
actly correct. There is- no session
planned for tomorrow.
Mr. CONTE. Mr. Speaker, will the
gentleman yield?
Mr. MICHEL. I yield.
Mn CONTE, We may have a prob-
Iem, though, which I mentioned on
the floor yesterday, with the supple-
mental. If the President should decide
to veto the supplemental, will we have
to come back here?
Mr. WRIGHT. If the gentleman will
yield further for a response. if the
President were to veto the supplemen-
tal it contradicts my understanding of
the situation.
Mr. CONTE. Beautiful. I thank the
gentleman. -
Mr. MI:CHEL. I thank the gentle-
man - -
PROVIDING FOR ADJOURNMENT
OF THE HOUSE FROM THURS-
DAY, AUGUST 19, 1982, TO
WEDNESDAY. SEPTEMBER . 8,
1982
Mr. W RIGHT. Mr. Speaker, I send
to the desk a privileged concurrent
resolution (H. Con. Res. 399) providing
that when the House adjourns on
Thursday, August 19. 1982. It stand ad-
journed until 12 o'clock meridian
Declassified in Part - Sanitized Copy Approved for Release 2012/07/11: CIA-RDP84-00933R000200020002-8
 Declassified in Part - Sanitized Copy Approved for Release 2012/07/11: CIA-RDP84-00933R000200020002-8
OGC
Declassified in Part - Sanitized Copy Approved for Release 2012/07/11: CIA-RDP84-00933R000200020002-8