INTELLIGENCE AND INTELLIGENCE--RELATED ACTIVITIES APPROPRIATIONS AUTHORIZATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85M01133R000100140006-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 15
• Document Creation Date: December 21, 2016
• Document Release Date: September 12, 2008
• Sequence Number: 6
• Publication Date: September 27, 1982
• Content Type: OPEN SOURCE

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PUBLIC LAW 97-269-SEPT. 27, 1982
INTELLIGENCE AND INTELLIGENCE-
RELATED ACTIVITIES, APPROPRIATIONS
AUTHORIZATION
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96 STAT. 1142 PUBLIC LAW 97-269-SEPT. 2't; 1982
Sept. 27, 1982
[H.R. 6068]
Public Law 97-269
97th Congress
An Act
Intelligence and
intelligence-
related
activities,
appropriations
authorization.
Intelligence
Authorization
Act for Fiscal
Year 1983.
To authorize appropriations for fiscal year 1983 for intelligence and intelligence
related activities of the United States Government, for the Intelligence Community
Staff, for the Central Intelligence Agency Retirement and Disability System, to
authorize supplemental appropriations for fiscal year 1982 for the intelligence and
intelligence-related activities of the United States Government, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That titles I, II, III,
IV, V, and VII may be cited as the "Intelligence Authorization Act
for Fiscal Year 1983".
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 Govern-
ment:
(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.
Availability to
congressional
committees and
President.
Distribution.
SEC. 102. The amounts authorized to be appropriated under sec-
tion 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 Commit-
tee of Conference to accompany H.R. 6068 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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PUb iC LAW 97-269-SEPT. 27, 1982 96 STAT. 1143
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.
AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION
SEC. 104. In addition to the amounts authorized to be appropriated
under section 101(9), there is authorized to be appropriated for fiscal
year 1983 the sum of $12,125,000 for the conduct of the activities of
the Federal Bureau of Investigation to counter terrorism in the
United States.
TITLE II-INTELLIGENCE COMMUNITY STAFF
SEC. 201. There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1983 the sum of $15,400,000.
SEC. 202. (a) The Intelligence Community Staff is authorized two
hundred and ten full-time personnel as of September 30, 1983. Such
personnel of the Intelligence Community Staff may be permanent
employees of the Intelligence Community Staff or personnel detailed
from other elements of the Unted States Government.
(b) During fiscal year 1983, 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 1983, 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 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-403n) in the 95 Stat. 1153.
same manner as activities and personnel of the Central Intelligence Post, p. 1154.
Agency.
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96 STAT. 1144 U PUBLIC LAW 97-269-SEPT. 2'i, 1982
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
1983 the sum of $91,300,000.
TITLE IV-SUPPLEMENTAL AUTHORIZATION FOR FISCAL
YEAR 1982
Report to
congressional
committees.
SEC. 401. In addition to the funds authorized to be appropriated
under title I of the Intelligence Authorization Act for Fiscal Year
1982 (Public Law 97-89; 95 Stat. 1150), funds are hereby authorized
to be appropriated for fiscal year 1982 for the conduct of the
intelligence and intelligence-related activities of the United States
Government. The amounts authorized to be appropriated under the
preceding sentence are those specified for that purpose in the
classified Schedule of Authorizations described in section 102.
CEILING ON THE EMPLOYMENT OF CIVILIAN PERSONNEL BY THE
CENTRAL INTELLIGENCE AGENCY
SEC. 402. 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 "(a) Except as provided in subsection (b), the"; and
(2) by adding at the end thereof the following:
"(b) The Director of Central Intelligence may authorize the
employment of civilian personnel by the Central Intelligence
Agency in excess of the number authorized by subsection (a) when
he determines that such action is necessary to the performance of
important intelligence functions, except that such additional
number may not exceed two percent of the total number authorized
for the Central Intelligence Agency by such subsection.
"(c) The Director of Central Intelligence shall promptly notify the
Permanent Select Committee on Intelligence of the House of Repre-
sentatives and the Select Committee on Intelligence of the Senate of
any authorization to increase civilian personnel of the the Central
Intelligence Agency under subsection (b).".
TITLE V-PROVISIONS RELATED TO INTELLIGENCE
AGENCIES
UNAUTHORIZED USE OF DEFENSE INTELLIGENCE AGENCY NAME,
INITIALS, OR SEAL
SEC. 501. (a) Title 10, United States Code, is amended by inserting
after chapter 7 the following new chapter:
"Sec.
"191. Unauthorized use of Defense Intelligence Agency name, initials, or seal.
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PUIsi.IC LAW 97-269-SEPT. 27, 1982 96 STAT. 1145
191. Unauthorized use of Defense Intelligence Agency name,
initials, or seal
"(a) No person may, except with the written permission of the
Secretary of Defense, 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, solicitation, or
commercial activity in a manner reasonably calculated to convey
the impression that such use in approved, endorsed, or authorized
by the Secretary 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
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 determina-
tion 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 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 relating to chapter 7 the
following new item:
"8. Defense Agencies ..................................................................................................... 191".
AUTOMATIC DATA PROCESSING EQUIPMENT OR SERVICES
SEC. 502. (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) Notwithstanding subsection (e) of section 111 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 759(e)),
the provisions of section 111 of such Act relating to the procurement
of automatic data processing equipment or services shall not apply
with respect to such procurement by the Central Intelligence
Agency.".
(b) Subsection (e) of section 3 of the Central Intelligence Agency
Act of 1949 (50 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.
50 USC 403c
note.
TITLE VI-RETIREMENT BENEFITS FOR CERTAIN FORMER Central
SPOUSES OF CENTRAL INTELLIGENCE AGENCY Intelligence
Agency Spouses'
EMPLOYEES
y
Eq
SHORT TITLE Equitrement
uity
Act of 1982.
SEC. 601. This title may be cited as the "Central Intelligence 50 USC 403 note.
Agency Spouses' Retirement Equity Act of 1982".
SEC. 602. Section 204 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees (50 U.S.C. 403 note) is
amended-
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96 STAT. 1146 U PUBLIC LAW 97-269-SEPT. 27,X982
(1) by inserting "former spouses," after "including surviving
wives and husbands,"; and
"Former (2) by adding at the end thereof the following:
spouse." "(4) `Former spouse' means a former wife or husband of a
participant or former participant who was married to such
participant for not less than 10 years during periods of service
by that participant which are creditable under sections 251, 252,
50 USC 403 note. and 253 of this Act, at least five years of which were spent
outside the United States by both the participant and the
former spouse.".
SEC. 603. Section 221 of the Central Intelligence Agency Retire-
50 USC 403 note. ment Act of 1964 for Certain Employees is amended-
(1) by inserting immediately above the section the following
section heading: "COMPUTATION OF ANNUITIES FOR OTHER THAN
FORMER SPOUSES"; and
(2) by amending subsection (b) to read as follows:
"(b)(1)(A) Except to the extent provided otherwise under a written
election under subparagraph (B) or (C), if at the time of retirement a
participant or former participant is married (or has a former spouse
who has not remarried before attaining age 60), the participant shall
receive a reduced annuity and provide a survivor annuity for his or
her spouse under this subsection or former spouse under section
Post, p. 1148. 222(b), or a combination of such annuities, as the case may be.
Waiver. "(B) A married participant or former participant and his or her
spouse may jointly elect in writing to waive a survivor annuity for
that spouse under this section (or under section 222(b) if the spouse
supra. later qualifies as a former spouse under section 204(b)(4)), or to
reduce such survivor annuity under this section (or section 222(b)) by
designating a portion of the annuity of the participant as the base
for the survivor benefit. If the marriage is dissolved following an
election for such a reduced annuity and the spouse qualifies as a
former spouse, the base used in calculating any annuity of the
former spouse under section 222(b) may not exceed the portion of the
participant's annuity designated under this subparagraph.
Waiver. "(C) If a participant or former participant has a former spouse, the
participant (or former participant) and such former spouse may
Post, p. 1153. jointly elect by spousal agreement under section 263(b) to waive a
survivor annuity under section 222(b) for that former spouse, if the
election is made (i) before the end of the 12-month period beginning
on the date the divorce or annulment involving that former spouse
becomes final or (ii) at the time of retirement of the participant.
"(D) The Director may prescribe regulations under which a par-
ticipant or former participant may make an election under subpara-
graph (B) or (C) without the participant's spouse or former spouse if
the participant establishes to the satisfaction of the Director that
the participant does not know, and has taken all reasonable steps to
determine, the whereabouts of the spouse or former spouse.
"(2) The annuity of a participant or former participant providing a
survivor benefit under this section (or section 222(b)), excluding any
portion of the annuity not designated or committed as a base for any
survivor annuity, shall be reduced by 21/2 percent of the first $3,600
plus 10 percent of any amount over $3,600. The reduction under this
paragraph shall be calculated before any reduction under section
222(a)(4).
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PUBLIC LAW 97-269-SEPT. 27, 1982 96 STAT. 1147
"(3XA) If a former participant entitled to receive a reduced annu-
ity under this subsection dies and is survived by a spouse, a survivor
annuity shall be paid to the surviving spouse equal to 55 percent of
the full amount of the participant's annuity computed under subsec-
tion (a), or 55 percent of any lesser amount elected as the base for
the survivor benefit under paragraph (1)(B).
"(B) Notwithstanding subparagraph (A), the amount of the annu-
ity calculated under subparagraph (A) for a surviving spouse in any
case in which there is also a surviving former spouse of the partici-
pant who qualifies for an annuity under section 222(b) may not
exceed 55 percent of the portion (if any) of the base for survivor
benefits which remains available under section 222(b)(4)(B).
"(C) An annuity payable from the fund to a surviving spouse
under this paragraph shall commence on the day after the partici-
pant dies and shall terminate on the last day of the month before
the surviving spouse's death or remarriage before attaining age 60.
If such a survivor annuity is terminated because of remarriage, it
shall be restored at the same rate commencing on the date such
remarriage is dissolved by death, annulment, or divorce if any lump
sum paid upon termination of the annuity is returned to the fund.'.
SEC. 604. Section 221 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended by section 603
of this title, is further amended in subsection (g)-
(1) by inserting "(1)" after "(g)";
(2) by redesignating paragraphs (1) and (2) as clauses (A) and
(B), respectively; and
(3) by adding at the end thereof the following:
"(2) A surviving former spouse of any participant or former
participant shall not become entitled to a survivor annuity or to the
restoration of a survivor annuity payable from the fund unless the
survivor elects to receive it instead of any other survivor annuity to
which he or she may be entitled under this or any other retirement
system for Government employees on the basis of a marriage to
someone other than that participant.".
SUPPLEMENTAL ANNUITIES; RECOMPUTATION OF ANNUITIES
SEC. 605. Section 221 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended by sections 603
and 604 of this title, is further amended by adding at the end thereof
the following:
"(m)(1) Any married annuitant who reverts to retired status with
entitlement to a supplemental annuity under subsection 271(b) 50 USC 403 note.
shall, unless the annuitant and his or her spouse jointly elect in
writing to the contrary at that time, have the supplemental annuity
reduced by 10 percent to provide a supplemental survivor annuity
for his or her spouse. Such supplemental survivor annuity shall be
equal to 55 percent of the supplemental annuity of the annuitant
and shall be payable to a surviving spouse to whom the annuitant
was married at the time of reversion to retired status or whom the
annuitant subsequently married.
"(2) The Director shall issue regulations to provide for the applica- Regulations.
tion of paragraph (1) of this subsection and of subsection 271(b) in
any case in which an annuitant has a former spouse who was
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96 STAT. 1148 PUBLIC LAW 97-269-SEPT. 27~-A82
Infra.
Post, p. 1152.
married to the participant at any time during a period of recall
service and who qualifies for an annuity under section 222(b).
"(n) An annuity which is reduced under this section or any similar
prior provision of law to provide a survivor benefit for a spouse
shall, if the marriage of the participant to such spouse is dissolved,
be recomputed and paid for each full month during which an
annuitant is not married (or is remarried if there is no election in
effect under the following sentence) as if the annuity had not been
so reduced, subject to any reduction required to provide a survivor
benefit under section 222 (b) or (c). Upon remarriage the retired
participant may irrevocably elect, by means of a signed writing
received by the Director within one year after such remarriage, to
receive during such marriage a reduction in annuity for the purpose
of allowing an annuity for the new spouse of the annuitant in the
event such spouse survives the annuitant. Such reduction shall be
equal to the reduction in effect immediately before the dissolution of
the previous marriage (unless such reduction is adjusted under
section 222(b)(5)), and shall be effective the first day of the first
month beginning one year after the date of remarriage. A survivor
annuity elected under this subsection shall be treated in all respects
as a survivor annuity under subsection (b).
"(o) The Director shall, on an annual basis-
"(1) inform each participant of his or her right of election
under subsections (0(2) and (n); and
"(2) to the maximum extent practicable, inform spouses or
former spouses of participants or former participants of their
rights under this section and sections 222, 223, and 234 (c), (d),
and (e).".
50 USC 403 note.
Post, p. 1153.
Annuity
disqualification.
SEC. 606. Part C of title II of the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees is amended by adding
at the end thereof the following:
"COMPUTATION OF ANNUITIES FOR FORMER SPOUSES
"SEC. 222. (a)(1) Unless otherwise expressly provided by any
spousal agreement or court order under section 263(b), a former
spouse of a participant or former participant is entitled to an
annuity-
'(A) if married to the participant throughout the creditable
service of the participant, equal to 50 percent of the annuity of
the participant; or
"(B) if not married to the participant throughout such credit-
able service, equal to a proportion of 50 percent of such annuity
which is the proportion that the number of days of the marriage
of the former spouse to the participant during periods of credit-
able service of such participant under this Act bears to the total
number of days of creditable service.
"(2) A former spouse shall not be qualified for an annuity under
this subsection if before the commencement of that annuity the
former spouse remarries before becoming 60 years of age.
"(3) The annuity of a former spouse under this subsection com-
mences on the day the participant upon whose service the annuity is
based becomes entitled to an annuity under this title or on the first
day of the month after the divorce or annulment involved becomes
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PUBL-J LAW 97-269-SEPT. 27, 1982 96 STAT. 1149
final, whichever is later. The annuity of such former spouse and the
right thereto terminate on-
"(A) the last day of the month before the former spouse dies
or remarries before 60 years of age; or
"(B) the date the annuity of the participant terminates
(except in the case of an annuity subject to paragraph 4(B)).
"(4)(A) The annuity payable to any participant shall be reduced by
the amount of an annuity under this subsection paid to any former
spouse based upon the service of that participant. Such reduction
shall be disregarded in calculating the survivor annuity for any
spouse, former spouse, or other survivor under this title, and in
calculating any reduction in the annuity of the participant to
provide survivor benefits under subsection (b) or section 221(b).
"(B) If any annuitant whose annuity is reduced under subpara-
graph (A) is recalled to service under section 271, or reinstated or
reappointed, in the case of a recovered disability annuitant, or if any
annuitant is reemployed as provided for under sections 272 and 273,
the salary of that annuitant shall be reduced by the same amount as
the annuity would have been reduced if it had continued. Amounts
equal to the reductions under this subparagraph shall be deposited
in the Treasury of the United States to the credit of the fund.
"(5) Notwithstanding paragraph (3), in the case of any former
spouse of a disability annuitant-
"(A) the annuity of that former spouse shall commence on the
date the participant would qualify on the basis of his or her
creditable service for an annuity under this title (other than a
disability annuity) or the date the disability annuity begins,
whichever is later, and
"(B) the amount of the annuity of the former spouse shall be
calculated on the basis of the annuity for which the participant
would otherwise so qualify.
"(6) An annuity under this subsection shall be treated the same as
a survivor annuity under subsection (b) for purposes of section
221(g)(2) or any comparable provision of law.
"(7) No spousal agreement or court order under section 263(b)
involving any participant may provide for an annuity or any combi-
nation of annuities under this subsection which exceeds the annuity
of the participant. No such court order relating to an annuity under
this subsection may be given effect if it is issued more than 12
months after the date the divorce or annulment involved becomes
final.
"(b)(1) Subject to any election under section 221(b)(1)(C) and unless
otherwise expressly provided by any spousal agreement or court
order under section 263(b), if a former participant who is entitled to
receive an annuity is survived by a former spouse, the former spouse
shall be entitled to a survivor annuity-
"(A) if married to the participant throughout the creditable
service of the participant, equal to 55 percent of the full amount
of the participant's annuity, as computed under section 221(a),
or
"(B) if not married to the participant throughout such credit-
able service, equal to a proportion of 55 percent of the full
amount of such annuity which is the proportion that the
number of days of the marriage of the former spouse to the
former participant during periods of creditable service of such
former participant under this Act bears to the total number of
days of such creditable service.
Ante, p. 1146.
50 USC 403 note.
50 USC 403 note.
Disability
annuity.
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96 STAT. 1150 U PUBLIC LAW 97-269-SEPT. Q 1982
"(2) A former spouse shall not be qualified for an annuity under
this subsection if before the commencement of that annuity the
former spouse remarries before becoming 60 years of age.
"(3) An annuity payable from the fund to a surviving former
spouse under this subsection shall commence on the day after the
annuitant dies and shall terminate on the last day of the month
before the former spouse's death or remarriage before attaining age
60. If such a survivor annuity is terminated because of remarriage,
it shall be restored at the same rate commencing on the date such
remarriage is dissolved by death, annulment, or divorce if any lump
sum paid upon termination of the annuity is returned to the fund.
"(4)(A) The maximum survivor annuity or combination of survivor
Ante, p. 1146. annuities under this section (and section 221(b)(3)) with respect to
any participant or former participant may not exceed 55 percent of
the full amount of the participant's annuity, as calculated under
50 USC 403 note. section 221(a).
"(B) Once a survivor annuity has been provided under this subsec-
tion for any former spouse, a survivor annuity for another individ-
ual may thereafter be provided under this subsection (or section
221(b)(3)) with respect to a participant or former participant only for
that portion (if any) of the maximum available which is not commit-
ted for survivor benefits for any former spouse whose prospective
right to such annuity has not terminated by reason of death or
remarriage.
"(C) After the death of a participant or former participant, a court
Post, p. 1153. order under section 263(b) may not adjust the amount of the annuity
of any former spouse under this section.
"(5)(A) For each full month after a former spouse of a participant
or former participant dies or remarries before attaining age 60, the
annuity of the participant, if reduced to provide a survivor annuity
for that former spouse, shall be recomputed and paid as if the
annuity had not been so reduced, unless an election is in effect
under subparagraph (B).
"(B) Subject to paragraph (4)(B), the participant may elect in
writing within one year after receipt of notice of the death or
remarriage of the former spouse to continue the reduction in order
to provide a higher survivor annuity under section 221(b)(3) for any
spouse of the participant.
"(c)(1) In the case of any participant or former participant provid-
ing a survivor annuity benefit under subsection (b) for a former
spouse-
"(A) such participant may elect, or
"(B) a spousal agreement or court order under section 263(b)
may provide for,
an additional survivor annuity under this subsection for any other
former spouse or spouse surviving the participant, if the participant
satisfactorily passes a physical examination as prescribed by the
Director.
"(2) Neither the total amount of survivor annuity or annuities
under this subsection with respect to any participant or former
participant, nor the survivor annuity or annuities for any one
surviving spouse or former spouse of such participant under this
section or section 221, shall exceed 55 percent of the full amount of
the participant's annuity, as computed under section 221(a).
"(3)(A) In accordance with regulations which the Director shall
prescribe, the participant involved may provide for any annuity
under this subsection-
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PUBL." LAW 97-269-SEPT. 27, 1982 96 STAT. 1151
"(i) by a reduction in the annuity or an allotment from the
salary of the participant,
"(ii) by a lump-sum payment or installment payments to the
fund, or
"(iii) by any combination thereof.
"(B) The present value of the total amount to accrue to the fund
under subparagraph (A) to provide any annuity under this subsec-
tion shall be actuarially equivalent in value to such annuity, as
calculated upon such tables of mortality as may from time to time
be prescribed for this purpose by the Director.
"(C) If a former spouse predeceases the participant or remarries
before attaining age 60 (or, in the case of a spouse, the spouse does
not qualify as a former spouse upon dissolution of the marriage)-
"(D if an annuity reduction or salary allotment under subpar-
agraph (A) is in effect for that spouse or former spouse, the
annuity shall be recomputed and paid as if it had not been
reduced or the salary allotment terminated, as the case may be,
and
"(ii) any amount accruing to the fund under subparagraph (A)
shall be refunded, but only to the extent that such amount may
have exceeded the actuarial cost of providing benefits under this
subsection for the period such benefits were provided, as deter-
mined under regulations prescribed by the Director.
"(D) Under regulations prescribed by the Director, an annuity
shall be recomputed (or salary allotment terminated or adjusted),
and a refund provided (if appropriate), in a manner comparable to
that provided under subparagraph (C), in order to reflect a termina-
tion or reduction of future benefits under this subsection for a
spouse in the event a former spouse of the participant dies or
remarries before attaining age 60 and an increased annuity is
provided for that spouse in accordance with this section.
"(4) An annuity payable under this subsection to a spouse or
former spouse shall commence on the day after the participant dies
and shall terminate on the last day of the month before the former
spouse's death or remarriage before attaining age 60.
"(5) Section 291 shall not apply to any annuity under this subsec-
tion, unless authorized under regulations by the Director.
"(d) Section 221(1) shall not apply-
"(1) to any annuity payable under subsection (a) or (b) to any
former spouse if the amount of that annuity varies by reason of
a spousal agreement or court order under section 263(b), or an
election under section 221(b)(1XB), from the amount which
would be calculated under subsection (aXl) or (bXl), as the case
may be, in the absence of such spousal agreement, court order,
or election; or
"(2) to any annuity payable under subsection (c).".
SEC. 607. Part C of title II of the Central Intelligence Agency
Retirement Act of 1964 for Certain Employees, as amended by
section 606 of this title, is further amended by adding at the end
thereof the following:
Post, p. 1153.
Ante, p. 1146.
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96 STAT. 1152 PUBLIC LAW 97-269-SEPT. - , 1982
"ELECTION OF SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES
"SEC. 223. (a) Any participant or former participant in the Central
Intelligence Agency Retirement and Disability System who on
November 15, 1982, has a former spouse may, by a spousal agree-
ment, elect to receive a reduced annuity and provide a survivor
annuity for such former spouse under section 222(b).
"(b)(1) If the participant or former participant has not retired
under such system on or before November 15, 1982, an election
under this section may be made at any time before retirement.
"(2) If the participant or former participant has retired under
such system on or before November 15, 1982, an election under this
section may be made within such period after November 15, 1982, as
the Director may prescribe.
"(3) For the purposes of applying this Act, any such election shall
be treated in the same manner as if it were a spousal agreement
under section 263(b).
"(c) An election under this section may provide for a survivor
benefit based on all or any portion of that part of the annuity of the
participant which is not designated or committed as a base for
survivor benefits for a spouse or any other former spouse of the
participant. The participant and his or her spouse may make an
election under section 221(b)(1)(B) prior to the time of retirement for
the purpose of allowing an election to be made under this section.
"(d) The amount of the reduction in the participant's annuity
shall be determined in accordance with section 221(b)(2). Such reduc-
tion shall be effective as of-
"(1) the commencing date of the participant's annuity, in the
case of an election under subsection (b)(1), or
"(2) November 15, 1982, in the case of an election under
subsection (b)(2).".
DISCONTINUED SERVICE BENEFITS
SEC. 608. Section 234 of the Central Intelligence Agency Retire-
50 USC 403 note. ment Act of 1964 for Certain Employees is amended-
(1) by striking out in subsection (a) "Any" and inserting in
lieu thereof the following: "Subject to the limitations contained
in subsections (c), (d), and (e), any"; and
(2) by adding at the end thereof the following:
"(C) Whenever a participant becomes separated from the Agency
without becoming eligible for an annuity or a deferred annuity
under this Act and becomes entitled to receive a lump-sum payment
50 USC 403 note. under this section or section 241, a share of that lump-sum payment
shall be paid to any former spouse of the participant in accordance
with subsections (d) and (e).
Lump-sum "(d) Unless otherwise expressly provided by any spousal agree-
credit. ment or court order under section 263(b), the amount of a partici-
pant's or former participant's lump-sum credit under this section or
under section 241 payable to a former spouse of that participant
shall be-
"(1) if the former spouse was married to the participant
throughout the period of creditable service of the participant, 50
percent of such lump-sum credit to which such participant
would be entitled in the absence of this subsection; or
"(2) if such former spouse was not married to the participant
throughout such creditable service, an amount equal to a pro-
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PUB*.L- ; LAW 97-269-SEPT. 27, 1982 96 STAT. 1153
portion of 50 percent of such lump-sum credit which is the
proportion that the number of days of the marriage of the
former spouse to the participant during periods of creditable
service of such participant under this Act bears to the total
number of days of such creditable service.
Such lump-sum credit of the participant shall be reduced by the
amount of the lump-sum credit payable to the former spouse.
"(e) A lump-sum payment under this section or section 241 of this
Act may be paid by the Director to or for the benefit of a partici-
pant-
"(1) only upon written notification by the Director to a cur-
rent spouse of the participant, if any; and
"(2) only if the express written concurrence of that spouse has
been received by the Director.".
SPOUSAL AGREEMENTS; COURT DECREES
SEC. 609. The Central Intelligence Agency Retirement Act of 1964
for Certain Employees is further amended-
(1) by striking out "None" in section 263 and inserting in lieu
thereof "(a) Except as provided in subsection (b) of this section,
none"; and
(2) by adding at the end thereof the following:
"(b) Payments under this Act which would otherwise be made to a
participant or the child, survivor, or former spouse of a participant
based upon the service of the participant shall be paid (in whole or
in part) by the Director directly to the participant, or child, survivor,
or former spouse of the participant according to the terms of any
legally enforceable spousal agreement or recognized court decree of
divorce, annulment, or legal separation between the participant and
that former spouse, or the terms of any recognized court order or
court-approved property settlement agreement incident to any such
spousal agreement or court decree of divorce, annulment, or legal
separation. Any payment under this subsection to a party to a
spousal agreement, or court decree of divorce, annulment, or legal
separation or property settlement agreement incident thereto shall
bar recovery by any other person.".
SEC. 610. The Central Intelligence Agency Retirement Act of 1964
for Certain Employees is further amended-
(1) by striking out in the first sentence of section 221(f) "Any"
and inserting in lieu thereof the following: "Subject to the
rights of former spouses under sections 221(b) and 222, any";
and
(2) by adding to subsection 221(1) the following paragraph:
"(4) This subsection shall not apply to the extent provided in
section 222(d).".
SEC. 611. Section 211 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees is amended by adding at the
end thereof the following new subsection:
"(c) Amounts deducted and withheld from the basic salary of a
participant under this section from the beginning of the first pay
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96 STAT. 1154 PUBLIC LAW 97-269-SEPT. , 1982
period after the participant has completed thirty-five years of credit-
50 USC 403 note. able service computed under sections 251 and 252 (excluding service
50 USC 403 note. credit for unused sick leave under section 221(h)), together with
interest on these amounts at the rate of 3 percent a year com-
pounded annually from the date of the deduction to the date of
retirement or death, shall be applied toward any special contribu-
tion due under section 252(b), and any balance not so required shall
be refunded in a lump sum to the participant after separation (or, in
the event of a death in service, to a beneficiary in order of prece-
50 uSC 403 note. dence specified in subsection 241(b)(1)), subject to any restrictions on
50 USC 403 note. lump sums under section 234 of this Act regarding notification or
consent of a current spouse to such payments, or the participant
may use these sums to purchase an additional annuity in accordance
50 USC 403 note. with section 281, or any other elective benefits authorized by this
Act, including additional retirement or survivor benefits for a cur-
rent or former spouse or spouses.".
PARTICIPANTS IN THE CIVIL SERVICE RETIREMENT SYSTEM
SEC. 612. The Central Intelligence Agency Act of 1949 (50 U.S.C.
403 a-m) is amended by adding at the end thereof the following new
section:
"RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES
50 USC 403n. "SEC. 14. (a) The provisions of sections 204, 221(b) (1)-(3), 221(f),
221(g)(2), 221(1), 221(m), 221(n), 221(o), 222, 223, 234(c), 234(d), 234(e),
and 263(b) of the Central Intelligence Agency Retirement Act of
Ante, pp. 1146- 1964 for Certain Employees (50 U.S.C. 403 note) establishing certain
1148, 1152, 1153. requirements, limitations, rights, entitlements, and benefits relating
to retirement annuities, survivor benefits, and lump-sum payments
for a spouse or former spouse of an Agency employee who is a
participant in the Central Intelligence Agency Retirement and Dis-
ability System shall apply in the same manner and to the same
extent in the case of an Agency employee who is a participant in the
Civil Service Retirement and Disability System.
Regulations. "(b) The Director of the Office of Personnel Management, in
consultation with the Director of Central Intelligence, shall pre-
scribe such regulations as may be necessary to implement the
provisions of this section.".
50 USC 403 note. SEC. 613. (a) Except as provided in subsections (b) and (c) of this
section, this title shall take effect on November 15, 1982.
(b) The provisions of section 222(a) of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees, as added by
this title, regarding the rights of former spouses to an annuity shall
apply in the case of any individual who after the effective date of
this title becomes a former spouse of an individual who separates
from service with the Agency after such date.
(c) Except to the extent provided in section 223 of the Central
Intelligence Agency Retirement Act of 1964 for Certain Employees,
the provisions of section 221(b) (as amended by this title) and the
provisions of subsections (b) and (c) of section 222 of such Act, as
added by this title, regarding the rights of former spouses to receive
survivor annuities shall apply in the case of any individual who
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PUBLi... LAW 97-269-SEPT. 27, 1982 d6 STAT. 1155
after the effective date of this title becomes a former spouse of a
participant or former participant in the Central Intelligence Agency
Retirement and Disability System.
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.
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.
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.
Approved September 27, 1982.
LEGISLATIVE HISTORY-H.R. 6068 (S. 2487):
HOUSE REPORTS: No. 97-486, Pt. 1 (Comm. on Intelligence) and Pt. 2 (Comm. on
Armed Servies) and No. 97-779 (Comm. of Conference).
SENATE REPORTS: No. 97-379 (Comm. on Intelligence) and No. 97-480 (Comm. on
Armed Services), both accompanying S. 2487.
CONGRESSIONAL RECORD, Vol. 128 (1982):
May 18, 19, considered and passed House.
June 30, S. 2487 considered and passed Senate; H.R. 6068 amended, passed in
lieu.
Sept. 8, House agreed to conference report.
Sept. 10, Senate agreed to conference report.
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