FISCAL YEAR 1982 INTELLIGENCE AUTHORIZATION BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89M00610R000100020016-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 28
• Document Creation Date: December 20, 2016
• Document Release Date: March 2, 2007
• Sequence Number: 16
• Publication Date: May 12, 1981
• Content Type: MEMO

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a3MAY1989
STAT
File: FY82 SSCI
40
OLC 81-0109/25
12 May 1981
MEMORANDUM FOR: See Distribution
I I
Met, Legislation Division, OLC
SUBJECT: Fiscal Year 1982 Intelligence
Authorization Bill
1. Attached for your information is S. 1127, the
Senate version of the Bill as reported from the Senate
Select Committee-on Intelligence on 6 May 1981, along with
its accompanying report. Particular points of interest in
the Bi-11 include the following:
-- Section 502, amending section 301"of"the
National Security Act of 1947. Note especially
the report language in the first full paragraph
on page 7 of the report.
?
-- Section 503, amending the Agency's firearms
authority in section 5 of the CIA Act of 1949.
Note the report language on page 7 of the report.
----Section 504, legislation relating to the
.unauthorized use of the CIA name, initials, or
seal. -
-- Section 505, benefits, allowances, and travel
authority provisions. Note the report language
on pages 8-10 of the report.
-- Section 510, amendments to title 18, United
States Code, related to the protection of
intelligence personnel.
601-606).
2. The Bill also contains a number of administrative
provisions related to the National'Security Agency (sections
506, 507, and 508), the Federal Bureau of Investigation
(section.509), and the Defense Intelligence Agency (sections
STAT
STAT
?
See Distribution on following page.
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97TH CONGRESS
1ST SESSION
5.1127
[Report No. 97-57]
To authorize appropriations- for the fiscal year 1982 for intelligence activities of
the United.States Government, the Intelligence *Community Staff, the Cen-
tral Intelligence Agency Retirement and Disability System, and to provide
certain personnel management authorities for the Defense Intelligence
Agency, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 6 (legislative day, APRIL 27), 1981
Mr. WALLOP (for Mr. GOLDWATER), from the Select Committee on Intelligence,
reported the following original bill; which was read twice and pursuant to the
order of-May 5, 1981, referred jointly to the Committees on Armed Services,
Governmental Affairs, and the Judiciary for the thirty-day time period
provided in section 3(b) of S. Res. 400, Ninety-fourth Congress, provided
that the Committee on Governmental Affairs be restricted to the considera-
tion of title. VI and that the Committee on the Judiciary be restricted to the
consideration of sections 509 and 510, and provided further that if any of
said committees fails to report within the thirty-day time limit, such commit-
tee shall be automatically discharged from further consideration of the bill in
accordance with section 3(b) of S. Res. 400, Ninety-fourth Congress
A BILL
S
To authorize appropriations for the fiscal year 1982 for intelli-
gence activities of the United States Government, the Intel-
ligence Community Staff, the Central Intelligence Agency
Retirement and Disability System, and to provide certain
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personnel management authorities for the Defense Intelli-
gence Agency, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That titles I through V of this Act may be cited as 6e "In-
4 _ telligence Authorization Act for Fiscal Year 1982".
5- TITLE I-INTELLIGENCE ACTIVITIES
6 AUTHORIZATION OF APPROPRIATIONS
7 SEC. 101. (a) Funds are authorized to be appropriated
-8- -for the fiscal year 1982 for the conduct of intelligence activi-
9 ties of the following departments, agencies, and other ele-
-10 ments of the United States Government:
11 (1) The Central Intelligence Agency and the Di-
__1Z . rector of Central Intelligence.
13 (2) The Department of Defense.
14 (3) The Defense Intelligence Agency.
15 (4) The National Security Agency.
16 (5) The Department of the Army, the Department
17 of the Navy, and the Department of the Air Force.
18 (6) The Department of State.
19 (7) The Department of the Treasury.
20 (8) The Department of Energy.
21 (9) The Federal Bureau of Investigation.
22 (10) The Drug Enforcement Administration.
23 (b) The amounts authorized to be appropriated under
24 this Act for the -conduct of the intelligence activities of the
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? 1 agencies listed in subsection (a) are those listed in the classi-
2 fled Schedule of Authorizations for the fiscal year. 1982 pre-
3 pared by the Select Committee on Intelligence of the Senate.
4 Such Schedule of Authorizations shall be made available to
5 the Committee on Appropriations of the Senate and the
6 House of- Representatives and to the President. The Presi-
7 dent- shall=-provide: for suitable distribution of the Schedule, or
8 of appropriate portions of the Schedule, within the executive
9 branch.
10 (c) Authorizations of appropriations provided in this Act,
11 shall not be deemed to constitute authority for the conduct of
12 any-intelligence activity which is not otherwise authorized by
13 the Constitution or laws of the United States.
14 TITLE II-INTELLIGENCE COMMTJNITY STAFF
15 AUTHORIZATION OF APPROPRIATIONS; PERSONNEL
16 SEc. 201. (a) There are authorized to be appropriated
17 for the Intelligence Community Staff for the-fiscal year 1982,
18 $15,400,000.
19 (b) The Intelligence Community Staff is authorized two
20 hundred and forty-five full-time personnel as of September
21 30, 1982. Such personnel may be permanent employees of
22 the Intelligence Community Staff or personnel detailed from
23 other elements of the United States Government.
24 (c) Any employee. who is detailed to the Intelligence
25 Community Staff from another element of the United States
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1 Government shall be detailed on a reimbursable basis, except
2 that an employee may be detailed on a nonreimbursable basis
3 for a period of less than one year for the performance of
4 temporary duties as required by the Director of Central In-
5 telligence.
6 (d) Except as provided in subsections (b) and (c), the
7 activities and personnel of the Intelligence Community Staff
8 shall be administered by the Director of Central Intelligence
9 in accordance with the provisions of the National Security
10 Act of 1947 (50 U.S.C. 401 et seq.) and the Central Intelli-
11 gence Agency Act of 1949 (50 U.S.C. 403a et seq.).
12 TITLE III-CENTRAL INTELLIGENCE AGENCY
13 RETIREMENT AND DISABILITY SYSTEM
14 AUTHORIZATION OF APPROPRIATIONS
15 SEC.' 301. There are authorized to be appropriated for
16 the Central Intelligence Agency Retirement and Disability
17 Fund for the fiscal year 1982, $84,600,000.
18 TITLE IV-SUPPLEMENTAL AUTHORIZATION
19 FOR THE FISCAL YEAR 1981
20 SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS
21 SEC. 401. In addition to funds authorized to be appro-
22 priated for the fiscal year 1981 for the conduct of intelligence
23 activities of the United States Government, there' are: author-
24 ized to be appropriated supplemental funds for such fiscal
25 year for such purpose. The amounts authorized to. be appro-
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1 priated under this title are those listed in the classified
2 Schedule of Supplemental Authorizations for the fiscal year
3 1981 prepared by the Select Committee on Intelligence of
4 the Senate.
5 TITLE V-GENERAL PROVISIONS
6 INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW
7 Sc. E- 501. Appropriations authorized by this Act for
8 salary; pay, retirement, and other benefits for Federal em-
9 -ployees, may be increased by such additional or supplemental
10 amounts as may be necessary for increases in such benefits
11 authorized by law.
12 ADVISORY COMMITTEES AND PERSONNEL
13 SEC. 502. (a) The last sentence of section 303(a) of the
14 , NationaLSecurity Act of 1947 (50 U.S.C. 405(a)) is amended
15 by striking out "at a rate not to exceed $50 for each day of
16 service" and inserting in lieu thereof the following: "for each
17 day of service at a rate not to exceed the daily equivalent of
18 the rate of pay in effect for grade GS-18 under the General
19 Schedule established by section 5332 of title 5, United States
20 Code".
21 (b) Section 303(b) of the National Security Act of 1947
22 (50 U.S.C. 405(b)) is amended by striking out "281, 283, or
23 284 and inserting in lieu thereof "203, 205, or 207".
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20
6
1 FIREARMS AUTHORITY
2 SEC. 503. Section 5(d) of the Central Intelligence
3 Agency Act of 1949 (50 U.S.C. 403f(d)) is amended to read
4 as follows:
5 "(d) Authorize personnel designated by the Director to
6 carry firearms to the extent necessary for the performance of
7 the Agency's -authorized functions, including but not limited
8 to the protection of classified materials and information, the
-9 training of Agency personnel in the use of firearms, the main-
10 tenance of security of Agency installations and property, and
11 the protection of Agency personnel and of defectors, their
12 families, and other persons in the United States under
13 Agency auspices; and".
14 UNAUTHORIZED USE OF CENTRAL INTELLIGENCE AGENCY
16 SEC. 504. The Central Intelligence Agency Act of 1949
17 . (50 U.S.C. 403a et seq.) is amended by adding at the end
18 thereof 'the following new section:
19 ? "MISUSE OF AGENCY NAME, INITIALS, OR.SEAL
NAME, INITIALS, OR SEAL
"SEC. 13. (a) No person shall, except with the written
21 permission of the Director, knowingly use the words .`Central
22 Intelligence Agency', the initials 'CIA', the seal of the Cen-
23 tral Intelligence Agency, or any colorable imitation of such
24 words, initials, or seal in connection with any merchandise,
25 impersonation, solicitation, or commercial activity in a
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IS 1 manner reasonably calculated to convey the impression that
2 such use is approved, endorsed, or authorized by the Central
3 Intelligence Agency.
4 "(b) Whenever it shall appear to the Attorney General
5 that-any person is engaged or about to engage in any acts or
6 practices which constitute or will constitute conduct prohibit-
7 ed by subsection (a), the Attorney- General may initiate a
8 civil proceeding in a district court of the United States to
9 enjoin any such acts or practices. Such court shall proceed as
10 soon as practicable to the hearing and determination of such
11 action, and may, at any time before final determination, enter
12 such restraining orders or prohibitions, or take such other
13 action as is warranted, to prevent injury to the United States
14 'or to-any-person or class of persons for whose protection the
15 action is brought. A proceeding under this section shall be
16 governed by the Federal Rules of Civil Procedure.".
17 CENTRAL INTELLIGENCE AGENCY PERSONNEL
18 ALLOWANCES, BENEFITS, AND TRAVEL -
19 SEC. 505. (a) The Director of Central Intelligence is
20 authorized to pay to Central Intelligence Agency officers,
21 employees, detailees, and assignees, and their dependents,
22 allowances and benefits authorized by chapter 9 of the For-
23 eign Service Act of 1980 and other allowances and benefits
? 24 granted by any other provision of law to the Foreign Service.
25 The Director of Central Intelligence may pay additional
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1 allowances and benefits, whether or not authorized under any
2 other provision of law, as may be necessary to meet the spe-
3 cial requirements of work related to intelligence activities.
4 (b) Notwithstanding any other provision of law, the Di-
.5 rector of Central Intelligence may. prescribe regulations
6 authorizing the travel of Central Intelligence Agency officers,
7 employees, assignees, and detailees engaged in the. perform-
8 ance of intelligence functions. Such regulations shall reflect
9 the requirements of the Agency not taken into account in the
10 formulation of Governmentwide procedures and shall provide
11 for payment for such travel.
12 NATIONAL SECURITY AGENCY PERSONNEL ALLOWANCES
13 AND BENEFITS
14 SEC. 506. Paragraph (1) of section 9(b) of the National
15 Security Agency Act of 1959 (50 U.S.C. 402 note) is amend-
16 ed by striking out "paragraphs" and all that follows and in-
17 serting in lieu thereof the following: "chapter 9 of the For-
18 eign Service Act of 1980. or under any other provision of law
19 applicable to the Foreign Service, or by the Director of Cen-
20 tral Intelligence to personnel serving in similar circum-
21 stances; and".
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1 UNAUTHORIZED USE OF NATIONAL SECURITY AGENCY
2 NAME, INITIALS, OR SEAL
3 SEC. 507. The National Security Agency Act of 1959 is
4 amended by adding at the end thereof the following new sec-
5 tion:
6 "MISUSE OF AGENCY NAME, INITIALS, OR SEAL
7 "SEC. 12. (a) No person shall, except with the written
8 permission of the Director of the National Security Agency,
9 knowingly use the words `National Security Agency', the ini-
10 tials `NSA', the seal of the National Security Agency, or any
11 colorable imitation of such words, initials, or seal in connec-
12 tion with any merchandise, impersonation, solicitation, or
? 13 commercial activity in a manner reasonably calculated to
14 convey the impression that such use is approved, endorsed,
15 or authorized by the National Security Agency.
16 "(b) Whenever it shall appear to the Attorney General
17 that any person is engaged or about to engage in any acts or
18 practices which constitute or will constitute conduct prohibit-
19 ed by subsection (a), the Attorney General may initiate a
20 civil proceeding in a district court of the United States to
21 enjoin any such acts or practices. Such court shall proceed as
22 soon as practicable to the hearing and determination of such
23 action, enter such restraining orders or prohibitions, or take
? 24 such other action as is warranted, to prevent injury to the,
25 United States or to any person or class of persons for whose
S. 1127-rs--2
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1 protection the action is brought. A proceeding under this sec-
2 tion shall be governed by the Federal Rules of Civil Proce-
3 dure.".
4 CRYPTOLOGIC LINGUIST TRAINING
5 SEC. 508. Section 10 of the National Security Agency
6 Act of 1959 is amended by redesignating the present section
7 10 as section 10(a) and by adding at the end thereof the
8 following new subsection:
9 "(b) Notwithstanding the provisions of chapter 41 of
10 title 5, United States Code, the Director of the National Se-
11 curity Agency, on behalf of the Secretary of Defense, shall
12 arrange for appropriate language and related training of mili-
13 tary and civilian cryptologic personnel. In the exercise of this
14 function, the Director may-
15 "(1) provide for the training and instruction to be
16 furnished, including functional and geographic area
17 specializations;
18 "(2) arrange for training and instruction with
19 other Government agencies and at nongovernmental
20 institutions that furnish training and instruction useful
21 in the fields of language and foreign affairs;
22 "(3) support, through contracts, grants, coopera-
23 tion with educational institutions, or through other
24 means, programs that furnish necessary. language and
25 language-related skills;
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1 "(4) obtain without regard to the Service Contract
2 Act of 1965, by appointment or contract (subject to the
3 availability of appropriations), the services of individ-
4 uals as language instructors, linguists, or special proj-
5 ect personnel. An individual whose services are ob-
6 tained by contract, shall be considered an employee for
7 purposes of subchapter III of chapter 83 of title 5 if
8 such individual gives notice in writing to the National
9 Security Agency of a desire to become subject to such
10 subchapter and, consistent with section 8332(k)(2) of
11 such title, deposits an amount equal to retirement de-
12 ductions representing any period in which the individu-
13 al was previously so employed by the National Secu-
14 rity Agency. A contractor or contractor's employee en-
15 gaged under this provision may not be provided access
16 to classified information, as defined in section 304 of
17 the Internal Security Act of 1950 (50 U.S.C. 834),
18 unless such individual meets the standards contained in
19 such Act;
20 "(5) pay all or part of the tuition -and other ex-
21 penses related to the training of current and former
22 military and civilian cryptologic personnel who are as-
23 signed or detailed for language and related training,
? 24 orientation, or instruction;
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1 "(6) pay benefits and allowances to current per-
2 sonnel and former military and civilian cryptologic per-
3 sonnet or other individuals in the cryptologie linguist
4 reserve assigned to training at sites away from their
5 normal duty station, in accordance with chapters 57
6 and 59 of title 5, United States Code;
7 "(7) provide without regard to subchapter IV of
8 chapter 55 of title 5, United States Code, special mon-
9 etary or other incentives to encourage civilian cryptolo-
10 gic personnel to acquire or retain proficiency in foreign
11 languages or special related abilities needed by the Na-
12 tional Security Agency, including special monetary in-
13 centives to former or retired civilian employees and
14 military cryptologic personnel or other qualified indi-
15 viduals who agree to retain proficiency in such lan-
16 guages or abilities and to return to active civilian serv-
17 ice with the National Security Agency during periods
18 of emergency need as determined by the Director;
19 "(8) provide to family members of military and ci-
20 vilian cryptologic personnel, in anticipation of their as-
21 signment abroad or while abroad, appropriate orienta-
22 tion and language training, including the payment of
23 the expenses of tuition or other necessary costs of in-
24 struction at a public or private institution in the United
25 States or abroad (in the case of individuals abroad), if
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1 such instruction is directly related to the assignment
2 abroad;
3 "(9) obtain an agreement from (A) current em-
4 ployees pertaining to continuation of service and repay-
5 ment of such training that is consistent with the provi-
6 sions of section 4108 of title 5, United States Code,
7 and (B) former or retired employees pertaining to re-
8 payment of expenses of such training and return to
9 service when requested; and
10 "(10) waive in whole or in part a right of recov-
11 ery under paragraph (9), if it is shown that the recov-
? 12 ery would be against equity and in good conscience or
13 against the public interest.".
14 ADMINISTRATIVE PROVISIONS RELATING TO THE FEDERAL
15
20
21
22
23
. 24
25
16 SEC. 509. (a) Chapter 33 of title 28, United States
17 Code, is amended by adding at the end thereof the following
18 new section:
19 "? 538. Special authorities for foreign intelligence and for-
BUREAU OF INVESTIGATION
eign counterintelligence
"(a) Notwithstanding any other provision of law, for the
purpose of collecting foreign intelligence and foreign counter-
intelligence authorized by law and pursuant to procedures
established by the Attorney General, the Federal Bureau of
Investigation, in a manner which conceals its identity or role
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1 if public knowledge that the Government is involved in the
2 activity could reasonably be expected to inhibit or otherwise
3 interfere with collecting such intelligence or counterintelli-
4 gence, is authorized to-
5 "(1) lease, rent, or otherwise contract for real
6 property, personal property, and personal services
7 within the United States, the District of Columbia, and
8 the territories and possessions of the United States;
9 "(2) purchase property, buildings, or other facili-
10 ties and construct or alter such property, buildings, or
11 facilities as may be necessary;
12 "(3) establish or acquire proprietary corporations
13 or other business entities to engage in any activity
14 which may be engaged in by the Federal Bureau of In-
15 vestigation, including all activities described in this
16 section, and operate such corporations and entities on a
17 commercial basis;
18 "(4) use the proceeds generated by an activity au-
19 thorized by this section to offset necessary and reason-
20 able expenses incurred in such activity, with any re-
21 maining balance to be deposited in the Treasury of the
22 United States as miscellaneous receipts upon the com-
.23 pletion of the activity or sooner if the same can be ac-
24 complished without risk of compromising the activity;
25 and
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1 "(5) deposit appropriated funds and proceeds de-
2 rived from an activity authorized by this section in
3 banks or other financial institutions.
4 "(b) Whenever a corporation or other business entity
5 which was established or acquired pursuant to paragraph (3)
6 of subsection (a) and which has a net value in excess of
7 $150,000 is to be liquidated, sold, or otherwise disposed of,
8 the Federal Bureau of Investigation, as much in advance as
9 the Director or his designee shall determine is practicable,
10 shall report the circumstances of the intended liquidation,
1.1 sale, or other disposition to the Attorney General and to the
12 Permanent Select Committee on Intelligence of the House of
? 13 Representatives and the Select Committee on Intelligence of
14 the Senate. The proceeds from the liquidation, sale, or other
15 disposition, after all obligations and costs of such corporation
16 or entity have been met, shall be deposited in the Treasury of
17 the United States as miscellaneous receipts.
18 "(c) This section shall not be modified or superseded by
19 any provision of law enacted after the date of enactment of
20 this section unless such provision expressly modifies or super-
21 sedes this section.".
22 (b) The table of sections for chapter 33 of title 28,
23 United States Code, is amended by adding at the end thereof
24 the following new item:
"538. Special authorities for foreign intelligence and foreign counterintelligence.".
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1 PROTECTION OF INTELLIGENCE PERSONNEL
2 SEC. 510. (a) Section 1114 of title 18, United States
3 Code, is amended-
4 (1) by inserting "or attempts to kill" after "kills";
5 (2) by striking out "while engaged in the perform-
6 ance of his official duties, or on account of the perform-
7 ance of his official duties," and inserting in lieu thereof
8 "or any officer or employee of any department or
9 agency within the Intelligence Community (as defined
10 in section 4-207 of Executive Order 12036, January
11 24, 1978, or successor orders), not already covered
12 under the terms of this section,"; and
13 (3) by inserting before the period at the end there-
14 of a comma and the following: "except that any such
15 person who is found guilty of attempted murder shall
16 be imprisoned for not more than twenty years".
17 (b) Chapter 51 of title 18, United States Code, is
18 amended by adding at the end thereof the following new sec-
19 tion:
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17
1 "? 1118. Murder, manslaughter, assaults, threats, extor-
2 tion, or kidnaping of persons given entry into
3 the United States for permanent residence
4 pursuant to section 7 of the Central Intelli-
5 gence Agency Act of 1949
6 "(a) Whoever kills or attempts to kill a person given
7 entry into the United States for permanent residence pursu-
8 ant to the provisions of section 7 of the Central Intelligence
9 Agency Act of 1949 (50 U.S.C. 403h) shall be punished as
10 provided under sections 1111, 1112, and 1113 of this title,
11 except that any such person who is found guilty of murder in
12 the first degree shall be sentenced to imprisonment for life,
13 and any such person who is found guilty of attempted murder
14 shall be imprisoned for not more than twenty years.
15 "(b) Whoever engages in conduct proscribed by section
16 112, 878, or 1201 of this title against any person described
17 in subsection (a) shall be punished as provided under those
18 sections.".
19 (c) Chapter 51 of title 18, United States Code, is
20 amended by adding at the end thereof the following new see-
21 tion:
22 "? 1119. Murder, manslaughter, assaults, threats, extor-
23 tion, or kidnapping of persons present in the
24 United States under intelligence auspices
25 "(a) Whoever kills or attempts to kill a person certified
26 by the Director of Central Intelligence or his designee to be
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1 present in the United States under the auspices of any de-
2 partment or agency within the Intelligence Community (as
3 defined in section 4-207 of Executive Order 12036, January
4 24, 1978, or successor orders) shall be punished as provided
5 under sections 1111, 1112, and 1113 of this title, except that
6 any such person who is found guilty of murder in the first
7 degree shall be sentenced to imprisonment for life, and any
8 such person who is found guilty of attempted murder shall be
9 imprisoned for not more than twenty years.
10 "(b) Whoever engages in conduct proscribed by section
11 112, 878, or 1201 of this title against any person described
12 in subsection (a) shall be punished as provided under those
13 sections.".
14 (d) The table of sections for chapter 51 of title 18,
15 United States Code, is amended by adding at the end thereof
16 the following new items: .
"1118. Murder, manslaughter, assaults, threats, extortion, or kidnapping of persons
given entry into the United States for permanent. residence pursu-
ant to section 7 of the Central Intelligence Agency Act of 1949.
"1119. Murder, manslaughter, assaults, threats, extortion, or kidnapping of persons
present in the United States under intelligence auspices.".
17 TITLE VI-DEFENSE INTELLIGENCE AGENCY
18 PERSONNEL MANAGEMENT PROVISIONS
19 SHORT TITLE
20 SEC. 601. This title may be cited as the "Defense Intel-
21 ligence Agency Personnel Management Act of 1981".
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? 1 CIVILIAN PERSONNEL MANAGEMENT
2 SEC. 602. (a) Chapter 81 of title 10, United States
3 Code, is amended by inserting the following new section after
4 section 1586:
5 "? 1587. Civilian personnel management in the Defense In-
6 telligence Agency
7 "(a)(1) The Secretary of Defense (or his designee) may,
8 without regard to the provisions of title 5 relating to the
9 establishment of (and appointment to) positions in the civil
10 service-
11 "(A) establish such positions for civilian officers
? 12 and employees in the Defense Intelligence Agency as
13 may be necessary to carry out the functions of such
14 Agency, and
15 "(B) appoint individuals to such positions.
16 "(2) The Secretary of Defense (or his designee) shall fix
17 the rates of basic pay for positions established under para-
18 graph (1) in relation to the rates of basic pay contained in the
19 General Schedule under section 5332 of title 5 for positions
20 subject to such Schedule which have corresponding levels of
21 duties and responsibilities. Except for positions in the Senior
22 Defense Intelligence Executive Service, no officer or employ-
.23 ee of the Defense Intelligence Agency may be paid basic
? 24 compensation at a rate in excess of the highest rate of basic
25 pay contained in such General Schedule.
ClA-RDP89M00610R000100020016-7 "" ~,,
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1 "(b)(1) Notwithstanding subsection (a), the Secretary of
2 Defense (or his designee) may establish a Senior Defense In-
3 telligence Executive Service in the Defense Intelligence
4 Agency comparable to the Senior Executive Service estab-
5 lished under subchapter II of chapter 31 of title 5. The Sec-
6 retary of Defense (or his designee) may-
7 "(A) adopt administratively those provisions of
8 title 5 that are necessary to administer the Senior De-
9 fense Intelligence Executive Service,
10 "(B) appoint individuals to positions established
11 within the Senior Defense Intelligence Service, and
12 "(C) notwithstanding any limitation on compensa-
13 tion, pay individuals so appointed according to the pay
14 prescribed by title 5 for the Senior Executive Service.
15 Any provisions so adopted shall be subject to the same limi-
16 tations imposed by the comparable provisions of title 5, in-
17 eluding the limitation on aggregate pay under section 5383(b)
18 of such title.
19 "(2)(A) The Secretary of Defense (or his designee) may
20 establish not more than twenty-seven positions (and appoint
21 individuals thereto) in the Senior Defense Intelligence Ex-
22 ecutive Service.
23 "(B) In addition to the positions established under sub-
24 paragraph (A), the Secretary of Defense (or his_ designee)
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1 may establish and appoint individuals in the Defense Intelli-
2 gene Agency to-
3 "(i) professional engineering and scientific posi-
4 tions primarily concerned with research, evaluation,
5 and development activities; and
6 "(ii) professional positions in the physical and nat-
7 ural sciences, medicine, and military intelligence.
8 Such positions shall be in the Senior Defense Intelligence
9 Executive Service.
10 "(3)(A)(i) During any fiscal year, the President, based
11 on the recommendation of the Secretary of Defense may,
? 12 subject to clause (ii) and subparagraph (B), award to any
13 Senior Defense Intelligence Executive Service appointee the
14 rank of-
15 "(I) Meritorious Defense Intelligence Executive
16 for sustained accomplishment, or
17 "(II) Distinguished Defense Intelligence Execu-
18 tive for sustained extraordinary accomplishment.
19 "(ii) A Senior Defense Intelligence Executive Service
20 appointee awarded a rank under subclause (I) or (II) of
21 clause (i) shall not be entitled to be awarded that rank during
22 the following four fiscal years.
23 "(.B) During any fiscal year-
24 "(i) the number of Senior Defense Intelligence
25 Executive Service appointees awarded the rank of
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1 Meritorious Defense Intelligence Executive may not
2 exceed 5 per centum of the Senior Defense Intelli-
3 gene Executive Service; and
4 "(ii) not more than one Senior Defense Intelli-
5 gence Executive Service appointee or 1 per centum of
6 all Senior-Defense Intelligence Executive Service ap-
7 pointees, whichever is greater, may be awarded the
8 rank of Distinguished Defense Intelligence Executive.
9 "(C)(i) A Senior Defense Intelligence Executive Service
10 appointee who is awarded the rank of Meritorious Defense
11 Intelligence Executive or Distinguished Defense Intelligence
12 Executive shall receive a lump sum payment in the amount
13 specified in section 4507(e) (1) or (2) of title 5, respectively.
14 "(ii) Any award under this paragraph shall be in addi-
15 tion to basic pay or any performance awards.
16 "(4) The Director of the Defense Intelligence Agency
17 may, in accordance with the provisions of section 3396(c) of
18 title 5, grant a sabbatical to any Senior Defense Intelligence
19 Executive Service appointee.
20 "(5) Annual leave accrued by an individual while serv-
21 ing in a Senior Defense Intelligence Executive Service posi-
22 tion shall not be subject to the limitations on accumulation
23 imposed by section 6304 of title 5.
24 "(6) The Director of the Defense Intelligence Agency
25 shall submit to the Permanent Select Committee on Intelli-
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1 gence of the House of Representatives and the Select Com-
2 mittee on Intelligence of the Senate at the time the budget is
3 submitted by the President to the Congress during each odd-
4 numbered calendar year, a report on the Senior Defense In-
5 telligence Executive Service. Such report shall include-
6 "(A) the percentage of senior executives at each
7 pay rate employed at the end of the preceding fiscal
8 year;
9 "(B) the number, distribution, and amount of per
10 formance awards paid during the preceding fiscal year;
11 and
S 12 "(C) the number of individuals removed from the
13 Senior Defense Intelligence Executive Service for less
14 than fully successful performance.
15 "(c) The Secretary of Defense (or his designee) is au-
16 thorized, consistent with section 5341 of title 5, to adopt
17 such provisions of such title as provide for prevailing rate
18 systems of basic compensation for positions in or under which
19 the Defense Intelligence Agency may employ prevailing rate
20 employees (within the meaning of section 5342(2)(A) of such
21 title).
22 "(d) Officers and employees of the Defense Intelligence
23 Agency who are citizens or nationals of the United States
24 may be granted additional compensation, in accordance with
25 regulations prescribed by the Secretary of Defense, not in
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1 excess of additional compensation authorized by section
2 5941(a) of title 5 for employees whose rates of basic compen-
3 sation are fixed by statute.
4 "(e) Nothing in this section or any other law may be
5 construed to require the disclosure of the organization or any
6 function of the Defense Intelligence Agency, of any informa-
7 tion with respect to the activities thereof, or of the -names,
8 titles, salaries, or number of the persons employed by such
9 Agency, except for that information required by the Congress
10 to accomplish normal authorization and appropriation func-
11 tions.
12 "(f)(1) Notwithstanding the personnel management laws
13 under title 5, or any other law, the Secretary of Defense
14 may, in his discretion, terminate the employment of any civil-
15 ian officer or employee of the Defense Intelligence Agency
16 whenever he deems such termination necessary or advisable
17 in the interests of the United States.
18 "(2) Any termination under this subsection shall not
19 affect the right of the officer or employee involved to seek or
20 accept employment with any other department or agency of
21 the United States if he is declared eligible for such employ-
22 ment by the Office of Personnel Management.
23 "(3) The Secretary of Defense may delegate authority
24 under this subsection only to the Deputy Secretary of De-
25 fense and the Director of the Defense Intelligence Agency.
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1 An action to terminate any civilian officer or employee by
2 either such officer shall be appealable. to the Secretary of
3 Defense.".
4 (b) The table of sections for chapter 81 of title 10,
5 United States Code, is amended by inserting after the item
6 relating to section 1586 the following new item:
"1587. Civilian personnel management in the Defense Intelligence Agency.".
7 EARLY RETIREMENT IN THE SENIOR DEFENSE
8 INTELLIGENCE EXECUTIVE SERVICE
9 SEC. 603. (a) Section 8336 of title 5, United States
10 Code, is amended by redesignating subsection (k) as subsec-
11 tion (1) and inserting immediately after subsection (j) the fol-
12 lowing new subsection:
13 "(k) A member of the Senior Defense Intelligence Ex-
14 ecutive Service who is removed from the Senior Defense In-
15 telligence Executive Service for less than fully successful
16 performance after completing 25 years of service or after be-
17 coming 50 years of age and completing 20 years of service is
18 entitled to an annuity.".
19 (b) Section 8339(h) of title 5, United States Code, is
20 amended by striking out "section 8336(d), (h), or (j)" and
21 inserting in lieu thereof "section 8336(d), (h), (j), or (k)".
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1 VETERANS PREFERENCE IN THE SENIOR DEFENSE
INTELLIGENCE EXECUTIVE SERVICE
3 SEC. 604. Paragraph (3) of section 2108 of title 5,
4 United States Code, is amended by inserting ", the Senior
5 Defense Intelligence Executive Service," after "Senior Ex-
6 -ecutive Service".
7 TECHNICAL AND CONFORMING AMENDMENTS
8 SEC. 605. (a) Section 5102(a)(1) of title 5, United
9 States Code, is amended-
10 (1) by striking out "or". at ale ena of clause (viii);
11 (2) by inserting "or" at the end of clause (ix); and
12 (3) by inserting the following new clause after
13 clause
(ix):
14 "(x) the Defense Intelligence Agency,
15 Departn.ent of Defense;".
16 (b) Section 5342(a)(1) of such title is amended-
17
18
19
20
21
22
(1) by striking out "or"
graph (I);
(2) by inserting "or"
(J); and
at the end of subpara-
at the end of
(3) by inserting the following new
after subparagraph (J):
subparagraph
subparagraph
23- "(K) the Defense Intelligence Agency, De-
24 partment of Defense;".
25 (c) Section 7103(a)(3) of such title is amended-
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1 (1) by striking out "or" at the end of subpara-
2 graph (F);
3 (2) by inserting "or" at the end of subparagraph
4 (G); and
5 (3) by inserting the following new subparagraph
6 after subparagraph (G):
7 "(H) the Defense Intelligence Agency;".
8 EFFECTIVE DATE
9 SEC. 606. The amendments made by this title shall take
10 effect on the first day of the first pay period which begins
11 after the thirtieth day following the date of the enactment of
is 12 this Act.
0
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