A BILL TO AUTHORIZE APPROPRIATIONS FOR THE FISCAL YEAR 1982 FOR INTELLIGENCE ACTIVITES OF THE UNITED STATES GOVERNMENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89M00610R000100020017-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 20
• Document Creation Date: December 20, 2016
• Document Release Date: March 2, 2007
• Sequence Number: 17
• Publication Date: January 1, 1982
• Content Type: OPEN SOURCE

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CONGRESS
4
IN THE SENATE OF THE UNITED STATES
0
Mr. Wallop (for Mr. Goldwater), from the Select Committee on
Intelligence,
original
submitted the following resolution; which was
T::P 7r.4
LION
Waiving section 402(a) of the Congressional Budget Act of 1974 with
respect to consideration of Title IV of S. , which authorizes
supplemental appropri ti.on oriuf n~cal year 1981 for intelligence
ac 't;iatz rsas of the Uni~tr~
e That pursuant to section 402(c) of the Congressional
'Budget Act of 1974, the provisions of section 402(a) of such Act
are waived with respect to consideration of Title IV of S.
which authorizes supplemental appropriations for fiscal year 1981
for intelligence activities of the United States.
Such a waiver is necessary because Title IV of S.
authorizes supplemental appropriations for fiscal year 1981.
Compliance with section 402(a) of the Congressional Budget Act
of 1974 was not possible by May 15, 1980, because the amount of
supplemental appropriations for the fiscal year 1981 which is
necessary for intelligence activities of the United States was
not known at that time.
(Nom-Fi(1 in nil blank lines cxcent
those provided for the date, nun-
ber, and reference of resolution.)
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calendar ?To. __
?
97th CONGRESS
1st session
(Report No- 97-__)
IN THE SENATE CF THE UNITED STr.}ES
J
May , 1981
mr. Wallop (for Y x. Goldwater) , from the Select Committee on
Intelligence, reported the fcllcwing bill; which was read twice
and placed on the calendar __-___-___- __.-----
A BILL
?
?
To authorize appropriations fcr the fiscal year 1982 for
intelligence activities of the United States Government, the
Intelligence Community Staff, the Central intelligence Agency
Retirement and Disability System, and to provide certain
personnel management authcrities for the Defense Intelligence
Agency, and for other purposes.
1e it enacted by thy' Senate and Hcuse cf Re_resentatives
2 of ,.- United States of A,gerica in Ccrgress ?sser:~hle~ That
3 titles I through V of this Act may be cited as the
4 ''Intelligence Authcrizaticn Act for Fiscal Year 1982''.
5 TITLE I--IN'IEILIGENCE ACTIVITIrS
6 AUTHORIZATION OF APPPCPRIA TIONS
7 Sec. 171. (a) Funds are authorized to be appropriated fcr
8 the fiscal year 1982 fcr the rcnduct of intelligence
9 activities of the fullSwing departments, aoencies, and ctrer
10 elements cf the United States Government:
11 (1) The Central Intelligence Agency and the Director
12 of Central Intelligence.
13 (2) The Depc*_'tmer't cf Defense.
14 (3) The nef er,se ?r:telligence Agency.
(4) The ';aticral Security Aaer,cy.
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Ppa~r_rrer:c ch
(5) The Depart r..ent cf the ArnY. ?2 D-
1
2 ! avy, and the Department of the Air Force.
(6) The Department cf. State.
4 (7) The Department cf the Treasury.
5 (8) The Department cf. EnergY.
6 (9) The Federal. 3ureau of investigation.
7 (10) The Drug Enforcement Administration.
8 (b) The amounts authcrized to be appropriated under this
9 Act for the conduct of the intelligence activities of the
10 agencies listed in subsection (a) are those listed in the
11 classified Schedule of Authorizations for the fiscal year
12 1982 prepared by the Select Committee on Intelligence of the
13 Senate. Such Schedule cf Authorizations shall be made
14 available to the Committee cn Appropriaticns of the Senate
and the House of Representatives and to the President. The
16 President shall provide fcr suitable distribution of the
17 Schedule, or of appropriate portions of the Schedule, within
18 the executive branch.
19 (c) Authorizations of appropriations provided in this
23 Act, shall not be deemed to constitute authority for the
21 conduct of any intelligence activity which is not otherwise
22 authorized by the Constitution or laws of the United States.
23 TITLE II--INTELLIGENCE COMMUNITY STAFF
24 AUTHORIZATION OF APPROPRIATIONS; PERSONNEL
25 Sec. 201. (a) 'here are authorized to be appropri?ted fcr
25 the Intelligence Community staff for the fiscal year 19E2.
?27 $15,400,000.
28 (b) The Intelligence Ccrrmunity Staff is authorized twc
29 hundred and forty-five full=time personnel as of September
30 30, 1982. Such personnel nay be permanent employees of the
31 Intelligence Community Staff or personnel detailed from other
32 elements of the United States Government.
33 (c) Any employee who is detailed tc the Tnteilioence
34 Community Stiff from another element of the United States
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1 Government shall be detailed on a reirr?bur:sable basis, except
2 that an employee may be detailed on a nonreimbursable basis
for a period of less than one year for the performance of
u temporary duties as required by the rirector of Central
5 Intelligence.
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
11 intelligence Agency Act cf 1949 (50 U.S.C. 403a et sec.).
12 TITLE III--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
13 DISABILITY SYSTEM
14 AUTHORIZATION OF APPRCPRIATIONS
?5 Sec. 301. There are authorized to be appropriated for the
16 Central Intelligence Agency Retirement and Disability Fund
17 for the fiscal year 1982, 584,60?,000.
18 TITLE IV--SUPPLEMENTAL AUTHORIZATION FOP THE FISCAL YEAR 1981
19 SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS
2 Sec. 401. In addition to funds authorized to be
21 appropriated for the fiscal year 1981 for the conduct of
22 intelligence activities cf the United States ^ovecnrrent,
23 there are authorized to be appropriated supplemental funds
24 for such fiscal year for such purpose. The amounts authorized
25 to be appropriated under this title are those listed in the
26 classified Schedule of Supplemental Authorizations fcr the
127 fiscal year 1981 prepared by the Select Corntnittoe on
28 Intelligence of the Senate.
29 TITLF V--GENERAL PROVISIONS
33 INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAS'
31 Sec. 501. Appropriations authorized by this Act fcr
32 salary, pay, retirement, and other benefits for Federal
Increased by such additional or
be
33 employees, may .. ..
34 supplemental amounts as ray be necessary for increases in
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1 such benefits authorized ty law-
2 ADVISORY CC1,MITTEES AND PERSONNEL
Sec. 502. (a) The last sentence cf section 303 (a) cf the
4 National Security Act cf. 1,047 (50 U.S.C. 405 (a)) Is amended
5 by striking out "at- a rate not to exceed $50 for each day cf
6 service" and inserting in lieu'therecf the follc ainc: "for
7 each day of service at a rate nct to exceed the daily
8 equivalent of the rate of pay in effect for grade CE-18 under
9 the general schedule established by section 5332 of title 5,
10 United States Code".
11 (b) Section 303 (b) cf the National Security Act of 1947
12 (50 U.S.C. 405 (h)) is amended by striking out "281, 283, or
13 284" and inserting in lieu thereof '1203, 205, or 207''.
14 FIRExRMS AUTHORITY
Sec. 503. Section 5 (d) of the Central Intelligence
16 Agency Act of 1949 (50 U.S.C. 403f (d)) is amended to read as
17 follows:
18 ***(d) Authorize perscnnel designated by the Director to
19 carry firearms to the extent necessary for the perfcrmance of
20 the Agency's authorized functions, including but not limited
21 to the protection of classified materials and inforTiaticn,
22 the training of Agency personnel In the use of firearms, the
23 maintenance of security of Agency installations and property,
24 and the protection of Agency personnel and of defectors,
25 their families, and other persons in the United States under
26 Agency auspices; ant".
0 7 UNAUTHORIZED USE OF CENTRAL INTELLIGENCE AGE2.,Ci 1, E,
2
INITIALS, OR SEAL
28
29 Sec. 504. The Central Intelligence Agency Act of 1949 (50
30 U.S.C. 403a et seq.) Is amended by adding at the end thereof
31 the following new section:
32 "MISUSE OF AGENCY NAME, INITIALS, OR SEAL
33 "Se-r-, 13_ (,=) tic person shall, except with the vritten
34 per.rissicn of the Director, knowingly use the words 'Central
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1 Intelligence Agency ',` the initials ? C.I.A. ', the seal of the
2 Central intelligence Agency, or any colorable Imitation of
? such words, initials, or seal in connection with any
4 rierchandise, imperson3 ticn, solicitation, or commercial
5 activity In a manner reasonably calculated to convey the
6 impression that such use is approved, endorsed, k ?authcrized
7 by the Central Intelligence Agency.
8 f"(b) Whenever it shall appear tc the Attorney General
9 that any person is engaged cr about tc enrage in any acts or
10 practices which constitute cc will constitute conduct
11 prohibited by subsection (a), the Attorney Ceneral.may
12 initiate a civil proceeding in a district court of the United
13 States to enjoin any such acts cr practices. Such ccurt shall
14 proceed as soon as practicable to the hearing and
0 determination of such action, and may, at any time before
16 final determination, enter such restraining orders or
17 prohibitions, or take such ether acticn as is warranted, to
18 prevent injury to the t'nited States or to any person or class
19 of persons for whose protection the action is brought. A
23 proceeding under this section shall be governed by the
21 Federal Rules of Civil Procedure.".
22 CENTRAL INTELLIGENCE F.GENCY PERSONNEL ALLOWANCES, BENEFITS,
23 AND TRAVEL
24 Sec. 505. (a) The Eirector of Central Intelligence is
25 authorized to pay to Central Intelligence Agency officers,
26 employees, detailees, and assignees, and their dependents,
7 allowances and benefits authorized by chapter 9 of the
23 Foreign Se_rvac.. Act of 1980 and other allowances and benefits
29 granted by any other provision of law to the Foreign Service.
32 The Director of Central Intelligence may pay additional
31 allowances and benefits, hhether or nct authorized under any
32 oth=r provision of law, as rray be necessary to meet the
33 special re ;uiremenr.5 of work relEtel tc intelligence
34 activities.
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1 (b) Notwithstanding any other, provision of law, the
2 Director of Central ?ntel)igence may prescribe regulations
S authorizing the travel of Central intelligence Agency
4 officers, employees, assignees, and detailees engaged In the
5 performance of intellice-:ce functions. Such regulations shall
6 reflect the requirements cf the Agency not taken Into account
7 in the formulation of Goverment-wide procedures and shall
8 provide for payment for such travel.
9 NATIONAL SECURITY AGENCY PE??SONNEL ALLOWANCES AND BENEFITS
12 Sec. 506. Paragraph (1) of section 9 (b) of the National
11 Security Agency Act of 1959 (50 U.S.C. 402 note) is amended
12 by striking out '"paragraphs" and all that follows and
13 inserting in lieu thereof the following: "chapter 9 of the
14 Foreign Service Act of 1980 or under any other provision of
law applicable to the Foreign service, or by the Director of
16 Central Intelligence to personnel serving in similar
17 circumstances; and"-
18 UNAUTHORIZED USE OF NATIONAL -SECURITY AGENCY NA?jE, IFITIALS,
19 OR SEAL
20 Sec. 507. The National Security Agency Act of 1959 is
21 amended by adding at the end thereof the following new
22 section:
23 "MISUSE OF AGENCY NAME, INITIALS, OR SEAL
24 "Sec. 12. (a) No person shall, except with the written
25 permission of the Director of the National Security =.oency,
26 knowingly use the words "National Security Agency', the
07 Initials 'N.S.A.', the seal of the rational Security Agency,
28 or any colorable imitaticr, of such words, initials, or seal
29 in connection with any merchandise, impersonation,
30 solicitation, or commercial activity in a manner reasonably
31 calculated to convey the impression that such use is
32 approved, endorsed, or authorized by the 1'a.tional Security
33 Agency.
34 ""(b) t7hen_ever it sh.i1 appear to the Attorney General
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1 that any person is engaged Cr about tc engage in any acts CL
2 practices which constitute cr will constitute conduct
S prot.ibited by subsection (a), the Attorney Genera? nay
4 initiate. a civil proceeding in a district court of the United
5 States to enjoin any such acts or practices. Such court shall
6 proceed as soon as pp=cticabie to the hearing and
7 determination of such action, enter such restraining orders
8 or prohibitions, or take such ether action as is warranted,
9 to prevent Injury to the United States or to any person or
10. class of persons for whose protection the action is brought.
11 A proceeding under this section shall be governed by the
12 Federal Rules of Civil Procedure.''.
13 CRYPTOLOGIC LINGUIST TRAINING
14 Sec. 508. Section 1r?` of the National Security 7 encv Act.
of 1959 is amended by redesignating the present sectifcn 17 as
16 section 10 (a) and by adding at the end thereof the following
17 new subsection:
18 "(b) Notwithstanding the provisions of chapter 41 of
19 title 5, United States Code, the Director of the National
20 Security Agency, on behalf cf the Secretary of Defense, shall
21 arrange for appropriate language and related training of
22 military and civilian cryptologic personnel. in the exercise
23 of this function, the Director may--
24 "(1) provide for the training and instruction to be
25 furnished, including functional and geographic area
25 st eci ;:lizations
27 "(2) arrange for training and instruction with other
28 Government agencies and at nongovernmental institutions
29 that furnish tr=fining and instruction useful in tre
30 fields of language and foreign affairs;
31 " (3) sups opt, through contracts, grants, cooperation
32 with educational institutions, or through other rr:e-ns,
33 ppcyrz^s t _u rnish necessary language and language-
h
34 ..,.~ -
related skills;
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(4) obtain wittcut regard to th? Service :or:uLccL
Act cf 1965, by appoir.tnent orscontract (subject to the
2
3 availability of appropriations), the services of
4 individuals as language instructors, linguists, Cr
5 special project perscr.nel. An individual whose services
6 are obtained by contract shall be considered an employee
7 for purposes of subchapter III of chapter 83 of title 5
8 if such individual gives notice in writing to the
9 National Security Agency of a desire to become subject to
10 such subchapter and, consistent with section 8332 (k) (2)
11 of such title, deposits an amount equal to retirement
12 deductions representing any period in which the
13 individual was previously so employed by the National
14 Security Agency. A ccntractor or contractor's employee
15 engaged 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), unless
18 such Individual meets the standards ccntained in such
19 Act;
20 ??(5) pay all or part Of the tuition and other
21 expenses related to the training cf current and former
22 military and civilian cryptologic personnel who are
23 assigned or detailed for language and related training,
24 orientation, or instruction;
25 "(6) pay benefits and allowances to current
26 personnel and former military and civilian cryptologic
27 personnel or other individuals in the cryptolcgic
t reserve assigned to training at sites away from
28 -lin^_uis
29 their normal duty station, in accordance with charters 57
3e~ and 59 of title 5, United States Code;
31 "M provide without regard to subchapter IV of
32 chapter 55 of title 5, United States Code, special
4- .'e , , cent i VeS to ercour=cp civiliar
33 monetary or oth,
34 cryptologic personnel tc acquire cr retain proficiency in
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L #Tc no o!icll by
foreign languages c
the National Security Agency, including special rronetary
incentives to former or retired civilian employees and
military cryptolcgic personnel or ether qualified
Individuals who agree tc retain proficiency in such
languages or abilities and to return to active civilian
service with the National Security Agency during periods
of emergency need as determined by the Director;
(8) provide to family members of military and
16 civilian cryptologic personnel, in anticipation of their
11 assignment abroad or while abroad, appropriate
12 orientation and language training, including the payment
13 of the expenses of tuition or other necessary costs of
14 instruction at a public or private institution in the
15 United States or abroad (in the case cf individuals
16 abroad), if such instruction is directly related to the
17 assignment abroad;
18 "(9) obtain an agreemeht from (A) current employees
19 pertaining to continuation of service and repayment of
20 such training that is consistent with the provisions of
21 section 4108 of title 5, United States Code, and (B)
22 former or retired employees pertaining to repayment of
23 expenses of such training and return to service when
24 requested; and
25 ?'(17) waive in whole or In part a right of recovery
25 under paragraph (9), if it is shown that the recovery
27 would be against equity and in geed conscience or against
25 the public interest.
29 ADMINISTRATIVE PROVISIONS RELATING TC THE FEDERAL BUREAU OF
32, INVESTIGATION
31 Sec. 509. (a) Chatter 33 of title 28, United States Code,
32 is amended by adding at the end thereof the following new
33 section:
34 "S 538. Special authorities for foreign intelligence and
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1 foreign counterintelligence
2 ? ? (a ) ?~otwithstan^ing any other provision of law, f cr the
3 purpose of collecting foreign intelligence and foreign-
4 counterintelligence authcrizea ry law and pursuant to
5 procedures established by the Attorney General, the Federal
6 'Bureau of investigation, in a manner which conceals its
7 identity or role if public knowledge that the Government is
8 involved in the activity could reasonably be expected tc
9 inhibit or otherwise interfere with collecting such
10 intelligence or counterintelligence, is authorized to--
11 "M lease, rent, or otherwise contract for real
12 prooerty, personal property, and personal services within
13 the United States, the Bistrict of Columbia, and the
14 territories and possessions of the United States;
15 "(2) purchase property, buildings, or other
16 facilities and construct or alter such property,
17 buildings, cc facilities as may be necessary;
18 "(3) establish or acquire proprietary corporations
19 or other business entities to engage in any activity
20 which may be engaged in by the Federal Bureau of
21 Investigation, including all activities describes in this
22 section, and operate such corporations and entities on a
23 commercial basis;
24 "(4) use the proceeds generated by an activity
25 authorized by this section to offset necessary and
26 reasonable expenses incurred in such activity, with any
27 remaining balance to be deposited in the Treasury of the
28 United States as miscellaneous receipts upon the
29 completion of the activity or sooner if the same can be'
30 accomplished without risk of compromising the activity;
31 and
??(5) deposit appropriated funds and proceeds derived
32
33 from `'n activity a_uthcrized by this section in banks or
34 other financial institutions.
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1 ''(b) Whenever a corporation or cther business entity
2 which was established or acquired pursuant to paragraph (3)
3 of subsection (a) and which has a net value in excess of
4 $150,000 is to be liquidated, sold, or otherwise disposed of,
5 the Federal Bureau of Investigation, as much in advance as
6 the Director or his designee shall determine is.^ racticable,
7 shall report the circumstances of the intended liquidation,
8 sale, or ether disposition to the i_ttcrney General and to the
9 Permanent Select Committee cn Intelligence of the Ecuse of
10 Representatives and the Select Committee on intelligence of
11 the Senate. The proceeds from the liquidation, sale, pr other
12 disposition, afters all obligations and costs of such
13 corporation or entity have been met, shall be deposited in
14 the Treasury of the United States as miscellaneous receipts.
05 -(c) This section shall not be modified or superseded by
16 any provision of lax enacted after the date of enactment of
17 this section unless such provision expressly modifies or
18 supersedes this section.".
19 (b) The table of sections for chapter 33 of title 28,
20 United States Code, is amended by adding at the and thereof
21 the following new item:
-538. Special authorities fcr foreign intelligence and
foreign counterintelligence.".
22 PROTECTION OF INTELLIGENCE PERSONNEL
23 Sec. 510. (a) Section 1114 of title 1?, United States
24 Code, is amended--
?26 .. y,, 2.1s';
27 (2) by striking cut "while engaged in the
28 performance of his official duties, or on account of the
29 performance of his official duties," and inserting in
30, lieu thereof " or any officer or employee of any
31 deeartment or agency Within the intelligence Community
32 (:s defined in section, 4-207 of Executive Order 12036,
33 January 24, 1978, cr successor orders), not already
25 (1) by inserting "Cr attempts to-kill " after
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covered under the terns of this section,"; and
2 (3) by inserting before the period at the end trerecf
a comma and the following: "except that any such person
4 who is found guilty cf attempted murder shall be
5 imprisoned for not more than twenty years'`.
5 (b) Chapter 51 of title 1~, United States Code, is
7 amended by adding at the end thereof the following new
8 section:
9 " g 1118. murder, manslaughter, assaults, threats,
10 extortion, cr kidnapping of persons given entry
11 into the United States for permanent residence
12 pursuant tc section 7 of the Central
13 Intelligence Agency Act of 1949
14
05
- kills Whoever kills cr attempts to kill a person given
entry into the United States for oermanent residence pursuant
16 to the previsions of section 7 of the Central Intelligence
17 Agency Act of 1949 (50 U.S.C. 403h) shall be punished as
18 provided under sections 1111, 1112, and 1113 of this title,
19 except that any such person who is found guilty of murder in
20 the first degree shall be sentenced to imprisonment for life,
21 and any such person who is found guilty of attempted rurder
22 shall be imprisoned for not more than twenty years.
23 "(b) whoever engages in conduct proscribed by section
24 112, 878, or 1201 of this title against any person described
25 in subsection (a) shall be punished as provided under those
26 sections. ".
is 27 (c) Chapter 51 of title 18, United States Code, is
end 28 amended by adding at the end thereof the fcllowinc new
29 section:
30 ""S-1119. murder, manslaughter, assaults, threats,
31 extortion, or kidnapping of persons present in
32 the United States under intelliigence auspices
33 (a) whoever iciiis ci: attL _el_m,p..~tS +-/1 k i l l a parson
"
34 certified by the Director of Central Intelligence or his
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1 designee to be present in the united states under the
2 auspices of any department or agency within the intelligence
03 Community (as defined in section 4-227 of Executive Order
4 12036, January 24, 1978, cr successor orders) shall be
5 punished as provided under sections 1111, 1112, and 1113 cf
5 this title, except that any such person who is found guilty
7 of murder in the first degree shall be sentenced to
8 imprisonment for life, and any such person who is found
9 guilty of attempted murder shall be imprisoned for not more
12 than twenty years.
11 "(b) Whoever engages in conduct proscribed by section
12 112, 878, or 1201 of this title against any person described
13 in subsection (a) shall be punished as provided under those
14 sections. ".
?15 (d) The table of sections for chapter 51 of title 18,
16 United States Code, is amended by adding at the end thereof
17 the following new items:
"1118. "'under, manslaughter,rassaults, threats, i-nto extortion,
or kidnapping of persons given
United States fcr permanent residence pursuant to
section 7 of the central Intelligence Agency Act of
1949.
??1118. :,under, manslaughter, assaults, threats, extortion,
or kidnapping of persons present In the United
States under intelligence auspices., ?
18 TITLE VI--DEFENSE INTELLIGENCE AGENCY PERSONNEL MANAGEMENT
20
PROVTSIONS
S CRT TITLE
21 Sec. 601. This title tray be cited as the "Defense
22 Intelligence Agency ?erscnnel Management Act of 1981".
? 23 CIVILIAN PERSONNEL MANAGEMENT
24 Sec. 602. (a) Chapter 61 of title 12, united states Cede,
25 is amended by inserting the following new section after
26 section 1586:
27. `' S 1587. Civilian personnel managerrEr.t in the Defense
28 Intelligence Agency
29 ' ' (a ) ( 1 ) The Secretary of Defense (or his designee) ray,
32 without regard to the provisions of title 5 relating to the
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1 establishment of (and appointment to) positions in tre civil
2 service--
?3 ` ` (A) establish such positions for civilian officers
4 and employees in the tefense Intelligence Agency as may
5 be necessary to carry out the functions of such Fcency,
6 and
7 ?`(fl) appoint individuals to such positions.
8 "?(2) The Secretary of tefense (cc his designee) shall
9 fix the rates of basic pay for positions established under
10 paragraph (1) in relation to the rates of basic pay.ccntained
11 in the General Schedule under section 5332 of title 5;f or
12 positions subject to such Schedule which have corresponding
13 levels of duties and responsibilities. Except for positions
14 in the Senior Defense Intelligence Executive Service, no
5 officer or employee of the tefense Intelligence Agency ray be
16 paid basic compensation at a rate in excess of the highest
17 -rate of basic pay contained in such General schedule
18 ""(b) (1) Notwithstanding subsection (a), the Secretary
19 of Defense (or his designee) may establish a, Senior Defense
20 Intelligence Executive Service in the Defense Intelligence
21 Agency comparable to the senior Executive Service established
22 under subchapter II of chapter 31 of title 5. The Secretary
23 of Defense (or his designee) may--
24 "M adopt administratively those provisions of
25 -title 5 that are necessary to administer the Senior
26 Defense Intelligence Executive Service,
7 *(B) appoint individuals to positions established
28 within the Senior Defense Intelligence Service, and
29 "(C) notwithstanding any limitation on compensation,
3-0 pay individuals
appointed according to the pay
31 pres=cribed by title = for the senior Executive Service.
32 Any provisions so adopted shall be subject to the same
33 11 U1 .-L l.lvi"J
!^;^,^,5~_ by the ccrn arable rrovisions cf title 5,
34 including the limitation on aggregate pay under section 5383
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1 (b) of such title.
2 (2) (A) The secretary of Defense (or his designee) tray
S establish not more than 27 positions (and appoint individuals
4 thereto) in the Senior Defense Intelligence Executive
5 Service.
6 '' (E) in addition to the positions establish'd under
7 subparagraph (A), the Secretary of Defense (or his designee)
8 may establish and appoint individuals in the Defense
9 Intelligence Agency to--
10 '?(i) professional engineering and scientific
11 pos=tions'prirnari1y concerned with research, evaluation.,
12 and development activities; and
13 professional positions in the physical and
14 natural sciences, medicine, and military intelligence.
05 Such positions shall be in the Senior Defense Intelligence
16 Executive Service.
17 "(3) (A) (1) During any fiscal year, the President,
is based on the recoiemendaticn of the Secretary of Defense may,
19 subject to clause (ii) and subparagraph (D), award to_ary
20 Senior Defense Intelligence Executive Service appointee the
21 rank of--
??(1) heritcrious Defense Intelligence Executive for
22
23 sustained arcornpli shfent, or.
24 ''(1I) Distinguished Defense Intelligence Executive
25 for sustained extraordinary accorrplishrr:ent.
26 " (ii) A Senior Defense Intelligence Executive Service
9 27 appointee awarded a rank under subclause (I) or (II) of
28 clause (i) shall not be entitled to be awarded that rank
29 during the following four fiscal years.
30 ''(s) During any fiscal year-?
31 "(D the n: her cf Senior Defense Intelligence
32 Executive Service appointees awarded the rank of
- tr,2y not exceed
~
33 "eritcricus Defense Intelligence _ ~x-cutive
34 5 per centum of the Senior Defense Intelligence Executive
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139710.091
16
1 Service; and
(II) not more than one Senicr Defense Tntelligence
Executive Service appointee or 1 rer centum of all senior
Executive Service appointees,
4 Defense 7_ntelligerc'
5 whichever is greater, may be awarded the rank of
6 Distinguished Defense Intelligence Executive?
7 ??(C) (I) A Senicr Defense Intelligence ':xecutive Service
8 appcintee who is awarded the rank of Meritorious Defense
9 Intelligence Executive or Distinguished Defense intelligence
10 Executive shall receive a lump sum payment in the amount
11 specified in section 4507 (e) (1) or (2) of title 5,
12 respectively.
13 11(11) Any award under this paragraph shall be in
14 addition to basic pay or any performance awards.
05 ??(4) The Director of the Defense Intelligence Agency
16 may, in accordance with the provisions of section 3396 (c) of
17 title 5, grant a sabbatical to any Senior Defense
18 intelligence Executive Service appointee.
19 ?'(5) Annual leave accrued by an individual while serving
20 in a senior Defense Tntelligence Executive Service position
21 shall not be subject to the limitations on accumulation
22 imposed by section 63'4 cf title 5.
23
"(6) The Director of the Defense Intelligence Agency
24
shall submit to the Permanent Select Committee on
25
Intelligence of the wcuse of Representatives and the select
26
Committee on Intelligence cf the Senate at the time the
?27
budget is submitted by the President tc the Congress during
ort on the Senicr,
re
28
p
each odd-numbered calendar year, a
29
Defense Intelligence Executive service. Such report shall
30
inciude--
31
J
??(F) the percentage of senior executives at each pay
32
rate employed at the end of the preceding fiscal year;
33
? ? (3 ) the number, distribution, and amount c f
34
performance awards paid during the preceding fiscal year;
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139710.091
I and
(C) the number cf individuals removed from the
Senior Defense intelligence Executive Service for less
4 than fully successful performance.
5 "(c) The Secretary cf ref ense (or his designee) As
6 authorized, consistent with section 5341 cf title 5, to adopt
7 such provisions of such title as provide for prevailing rate
8 systems of basic compensation for positions in or under which
9 the Defense Intelligence agency may employ prevailing rate
17, employees (within the meaning of section 5342 (2) (A) of such
11 title).
12 "(d) Officers and employees of the Defense Intelligence
13 Agency who are citizens cr nationals cf the United states may
14 be granted additional compensation, in acccrdance with
05 regulations prescribed by the Secretary of Defense, not in
15 excess of additional compensation authorized by section 5941
17 (a) of title 5 for employees whose rates of basic
is compensation are fixed by statute.
19 " (e) Nothing in this section or any ether law may be
20 construed to require the disclosure cf the organization or
21 any function of the Defense Intelligence Agency, of any
22 inf crmation with respect to the activities thereof, or cf the
23 names, titles, salaries, cr number of the persons employed by
24 such Agency, except for that information required by the
25 Congress to accomplish normal authorization and appropriation
26 functions.
027 '.(f) (1) Notwithstanding the personnel management laws
28 under title 5, or any other law, the Secretary of Defense
29 may, in his discretion, terminate the employment of any
30 civilian officer or erplcyee of the Defense Intelligence
31 Agency whenever he deems such termination necessary or
32 'advisable in the interests cF the United States.
33 "(2) Any termination under this subsection shall not
34 affect the right of the officer or employee involved to seek
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 139710.091
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18
1 cc accept employment ',itt any ether department or agency cf
2 the united States if he is declared eligible for Sue;,3 employment by the Office cf personnel Management.
4 1,"(3) The Secretary cf refense may delegate aut;h:crity
5 under this subsection only to the Deputy Secretary cf !`efense
6 and the Director of the Lefense Intelligence Agency. T.n
7 action to terminate any civilian officer cr employee by
8 either such officer shall be appealable to the Secretary of
9 Defense . ".
10 (b) The table of sections for chapter 81 of title 10,
11 United States Code, is amended by inserting after the:;item
12 relating to section 1586 the following new item:
0 3
14
SERVICE
15 Sec. 603. (a) section 8336 of title 5, United States
16 Code, is amended by redesignating subsection (k) as
17 subsection (1) and inserting immediately after subsection (3)
18 the following new subsection:
19 ',"(k) A member of the Senior Defense Tntelligence
23 Executive Service who is removed from the Senior Defense
21 intelligence Executive Service for less than fully successful
22 performance after completing 25 years cf service cr after
23 becoming 50 years of age and completing 22 years of service
24 is entitled to an annuity.".
25 (b) Section 8339 (h) cf title 5, United States Code, is
W26 amended by striking cut "section 8336 (d), (h), or (J)" and
27 inserting in lieu thereof "section 8336 (d), (h), (7), or
28 (k) ".
29 VETERANS PR EFERENCE IN THE SENIOR DEFENSE INTELI-IGENCE
33
1587. Civilian personnel management in the Defense
intelligence .gene:'. ".
EARLY RETIREMENT IN T'4F SENIOR DEFENSE INTELLIGENCE EXECUTIVE
EXECUTIVE SERVICE
31 Sec. 604. Paragraph (z) of section 21 P.P of title 5,
32 United States Code, is attended by Inserting the Senior
33 Defense Intelligence ExecutivP Service," after "Senior
 1397113.091
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TECHNICAL ANr CONFORMING AMENDMENTS
Sec. 605. (a) Section. 5102 (a) (1) of title 5, United
4 States Code, is amended-
(1) by striking cut "'or
6 (viii);
at the end of clause
7 (2) by inserting ?'cr" at the end of clause (ix);
8 and
9 (3) by Inserting the following new clause after
10 clause (ix):
11 '? (x) the Defense Intelligence Agency,
12 Department of Defense;'
13 (b) Section 5342 (a) (1) of such title is amended--
14 (1) by striking cut " or " at the end of subparagraph
r
16 (2) by inserting " cr " at the end of subparagraph
17 (J) ; and
18 (3) by Inserting the following new subparagraph after
19 subparagraph (J):
20 "(x) the Defense intelligence Agency, Department
21 of Defense; ".
22 (c) Section 7103 (a) (3) of such title is amended--
23 (1) by striking cut "or" at the end of subparagraph
24 (F);
25 (2) by inserting " cr " at the end of subparagraph
26 (C); and
(3) by inserting the followin^ neu subparagraph after
28 subparagraph (G) :
29 %"(:) the Defense Intelligence Agency;".
32, EFFECTIVE DATE
31 Sec. 606. The amendments made by this title shall take
32 'effect on the first day cf the first pay period which begins
3 after he 3 lh day OilCiN1!!r 1. i= date o l e =1)0 Litl~nt 1.1
34 this pct.
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