INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1983

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00552R001000080050-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 22
• Document Creation Date: December 20, 2016
• Document Release Date: July 12, 2007
• Sequence Number: 50
• Content Type: OPEN SOURCE

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To authorize appropriations for fiscal year 1983 for intelli-
gence 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 1983".
Authorization of Appropriations
SEC. 101. Funds are hereby authorized to be appropriated
for fiscal year 1983 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.
(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, 1983, 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 of the Ninety-seventh
Congress. That Schedule of Authorizations shall be made
available to the Committees 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 1983, funds may not
be made available for any activity for which funds are
authorized to be appropriated by this Act 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.
Conduct of Intelligence Activities
SEC. 104. 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.
TITLE II - INTELLIGENCE COMMUNITY STAFF
Personnel
SEC. 201.(a) 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 1983, personnel of the Intelli-
gence 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 1983, any officer or employee
of the United States or 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.
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Intelligence Community Staff Administered in Same
Manner as Central Intelligence Agency
SEC. 202. During fiscal year 1983, 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-403m) 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 Aaencv Retirement and Disability
Fund for fiscal year 1983
TITLE IV - TECHNICAL PROVISIONS
Increases in Employee Benefits Authorized by Law
SEC. 401. 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. 402. There are authorized to be appropriated for
fiscal year 1984 such sums as may be necessary for the intelli-
gence and intelligence-related activities of the United States
Government, for the Intelligence Community Staff, and for the
Central Intelligence Agency Retirement and Disability Fund.
Amendment to Section 3 of Central Intelligence
Agency Act of 1949
SEC. 403. (a) Section 3 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403c) is amended by adding at the end
thereof the following new subsection:
"(e) Section 111 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C.
759), including specifically subsection 111(e)
of that Act, is not applicable to the procure-
ment by the Central Intelligence Agency of
automatic data processing equipment or services."
(b) Subsection 3(e) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403c), as added by subsection (a) of this
section, does not apply to a contract made before the date
of enactment of this Act.
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Unauthorized'Use Of Defense
Intelligence Agency Name,
Initials, Or Seal
SEC. 501. (a) Chapter 4 of title 10, United States Code,
is amended by adding at the end thereof the following new
section:
"140c. Secretary of Defense: Use of Defense
Intelligence Agency Name, Initials, or Seal
"(a) No person may, except with the written permission
of the Secretary of Defense or his designee, knowingly
use the words 'Defense Intelligence Agency', the initials
'DIA', the seal of the Defense Intelligence Agency, or any
colorable imitation of such words, initials, or'seal in
connection with any merchandise, impersonation, solicita-
tion, or commercial activity in a manner reasonably
calculated to convey the impression that such use is
approved, endorsed, or authorized by the Defense Intelligence
Agency.
"(b) Whenever it appears to the Attorney General that
any person is engaged or is about to engage in an act or
practice which constitutes or will constitute conduct
prohibited by subsection (a), the Attorney General may
initiate a civil proceeding in a district court of the
United States to enjoin such act or practice. Such court
shall proceed 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
prohibitions, or take such other action as is warranted,
to prevent injury to the United States or to any person
or class of persons for whose protection the action is
brought.".
(b) The table of sections at the beginning of chapter 4
of title 10 is amended by adding at the end thereof the
following new item:
"140c. Secretary of Defense: Use of DIA Name,
Initials, or Seal.".
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INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 1983
SECTIONAL ANALYSIS
AND
EXPLANATION
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TITLE I
INTELLIGENCE ACTIVITIES
Section 101 lists the departments, agencies, and other
elements of the United States Government for whose intelli-
gence and intelligence-related activities the Act authorizes
appropriations for fiscal year 1983.
Section 102 makes clear that details of the amounts
authorized to be appropriated for intelligence and intelli-
gence-related activities and personnel ceilings covered
under this title for fiscal year 1983 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 transfer, reprogramming
etc., unless specifically authorized or accompanied by not:..--
cation. It is understood that specifically authorized intelli-
gence activities are those activities described in annual budget
justification material as modified by the Congress. The notifi-
cation 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
section 103 and section 501 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 intelli-
gence oversight provisions enacted in 1980.
Section 104 makes-clear that, with the exception of any
specific legislative authorities which may be contained in
the Intelligence Authorization Act for Fiscal Year 1983, 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.
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INTELLIGENCE COMMUNITY STAFF
Subsection 201(a) 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 201(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 201(c) requires that personnel be detailed
on a reimbursable basis except for temporary situations.
Section 202 provides that the Director of Central Intelli-
gence shall uti ize 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.
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CENTRAL INTELLIGENCE AGENCY
RETIREMENT AND DISABILITY SYSTEM
Section 301 authorizes fiscal year 1983 appropriations
for the Central Intelligence Agency Retirement and Disability
Fund.
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TECHNICAL PROVISIONS
. Section 401 provides authority for adjustments to
federal employee compensation and benefits during fiscal
year 1983 which are increased by current or subsequently
enacted law. The section obviates the necessity for
separate authorizations for such increases during the fiscal
year.
Section 402 brings the intelligence and intelligence-
related activities 'authorization of appropriations process
into technical compliance with section 607 of P.L. 93-344,
the Congressional Budget and Impoundment Control Act of
1974, which requires that appropriations be authorized in
the calendar year prior to the year in which the fiscal year
begins.
Section 403 restores Central Intelligence Agency
automatic data processing equipment and services procure-
ment authority which was constrained.by enactment of
section 111 of the Federal Property and Administrative
Services Act (FPASA) of 1949, as amended (40 U.S.C. 759),
,granting certain government-wide authorities to the
Administrator of General Services and the Secretary of
-Commerce. In 1981, Congress enacted in the Fiscal Year
1982 Department of Defense Authorization Act a provision,
",similar to this section, which excludes all Department of
'Defense automatic data processing equipment and services
,'procurement for DoD intelligence activities from the scope
of section 111 of the FPASA. This congressional recognition
jof the need for automatic data processing flexibility in
asupport of intelligence activities would properly be
extended to automatic data processing support for the
intelligence activities of the Central Intelligence
Agency by enactment of this section.
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TITLE V
DEFENSE INTELLIGENCE AGENCY
PROVISIONS
Section 501 extends to the Defense Intelligence Agency
name, initia s, and seal the same protection against misuse
which has been afforded to the Central Intelligence Agency
and National Security Agency names, initials, and seals (see
sections 503 and 603 of P.L. 97-89, the Fiscal Year 1982
Intelligence Authorization Act).
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INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 1983
CHANGES IN EXISTING LAW
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.
Section 104: No substantive change from
section 805 of the fiscal year 1982 Act.
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TITLE II
INTELLIGENCE COMMUNITY STAFF
Subsection 201(a): No substantive change.
Subsection 201(b): No substantive change.
Subsection 201(c): No substantive change.
Section 202: No substantive change.
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TECHNICAL PROVISIONS
Section 401: No substantive change (section
804 of the fiscal year 1982 Act).
Section 402: New provision.
Section 403: New provision.
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TITLE V
DEFENSE INTELLIGENCE AGENCY
PROVISIONS
Section 501: New provision.
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INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 1983
COST ANALYSIS
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INTELLIGENCE ACTIVITIES
Section 101: Fiscal Year 1983 authorizations are
contained in the classified Schedule of Authorizations.
Section 102: Cost analysis not applicable.
Section 103: Cost analysis not applicable.
Section 104: Cost analysis not applicable.
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INTELLIGENCE COMMUNITY STAFF.
Subsection 201(a): Cost analysis not applicable.
Subsection 201(b): Cost analysis not applicable.
Subsection 201(c): Cost analysis not applicable.
Section 202: Cost analysis not applicable.
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Section 401: Cost analysis impossible to determine."
Section 402: Technical compliance with section
607 of P.L. 93-344 only; cost analysis not applicable.
Section 403: Some cost savings through more effective
and efficient procurement can be expected.
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DEFENSE INTELLIGENCE AGENCY
PROVISIONS
Section 501: No programmed expenditures contemplated.
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