Volume 95 · 1150
Public Law 97–89
To authorize appropriations for fiscal year 1982 for the intelligence and intelligence-related activities of the United States Government, for the Intelligence Community Staff, and for the Central Intelligence Agency Retirement and Disability System, to authorize supplemental appropriations for fiscal year 1981 for the intelligence and intelligence-related activities of the United States Government, and for other purposes.
Approved December 4, 1981
Statutory text
An Act
To authorize appropriations for fiscal year 1982 for the intelligence and intelligence-related activities of the United States Government, for the Intelligence Community Staff, and for the Central Intelligence Agency Retirement and Disability System, to authorize supplemental appropriations for fiscal year 1981 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 this Act may be cited as the “Intelligence Authorization Act for Fiscal Year 1982”.
TITLE I— INTELLIGENCE ACTIVITIES
Sec. 101. authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 1982 for the conduct of the intelligence and intelligence-related activities of the following agencies of the United States Government:
The Central Intelligence Agency.
The Department of Defense.
The Defense Intelligence Agency.
The National Security Agency.
The Department of the Army, the Department of the Navy, and the Department of the Air Force.
The Department of State.
The Department of the Treasury.
The Department of Energy.
The Federal Bureau of Investigation.
The Drug Enforcement Administration.
Sec. 102. classified schedule of authorizations
The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 1982, for the conduct of the intelligence and intelligence-related activities of the agencies listed in such section, are those specified in the classified Schedule of Authorizations prepared by the committee of conference to accompany H.R. 3454 of the Ninety-seventh Congress.
Availability to congressional committees and President.
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
Distribution.
suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch.
Sec. 103. congressional notification of expenditures in excess of program authorizations
During fiscal year 1982, 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.
Sec. 104. authorization of appropriations for counter-terrorism activities of the federal bureau of investigation
In addition to the amounts authorized to be appropriated under section 101(9), there is authorized to be appropriated for fiscal year 1982 the sum of $11,900,000 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. authorization of appropriations
There is authorized to be appropriated for the Intelligence Community Staff for fiscal year 1982 the sum of $13,600,000.
Sec. 202. authorization of personnel end-strength
The Intelligence Community Staff is authorized two hundred and twenty full-time personnel as of September 30, 1982. Such personnel may be permanent employees of the Intelligence Community Staff or personnel detailed from other elements of the United States Government.
During fiscal year 1982, personnel of the Intelligence Community Staff shall be selected so as to provide appropriate representation from elements of the United States Government engaged in intelligence and intelligence-related activities.
During fiscal year 1982, any officer or employee of the United
Personnel detail.
States or member of the Armed Forces who is detailed to the Intelligence Community Staff from smother 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.
Sec. 203. intelligence community staff administered in same manner as central intelligence agency
During fiscal year 1982, 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-4031) in the same
manner as activities and personnel of the Central Intelligence Agency.
TITLE III— CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 301. authorization of appropriations
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1982 the sum of $84,600,000.
TITLE IV— SUPPLEMENTAL AUTHORIZATION FOR FISCAL YEAR 1981
Sec. 401. authorization of appropriations
In addition to the funds authorized to be appropriated under title I of the Intelligence Authorization Act for Fiscal Year 1981 (Public Law 96–450; 94 Stat. 1975), funds are hereby authorized to be appropriated for fiscal year 1981 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.
TITLE V— GENERAL PROVISIONS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
Sec. 501. allowances and benefits for central intelligence agency personnel
Section 4 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403e) is amended—
by inserting “(a)” before “Under such regulations”; and
by adding at the end thereof the following new subsection:
“(b) (1) The Director may pay to officers and employees of the Agency, and to persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces, allowances and benefits comparable to the allowances and benefits authorized to be paid to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law.
“(2) Payment terms.
The Director may pay allowances and benefits related to officially authorized travel, personnel and physical security activities, operational activities, and cover-related activities (whether or not such allowances and benefits are otherwise authorized under this section or any other provision of law) when payment of such allowances and benefits is necessary to meet the special requirements of work related to such activities. Payment of allowances and benefits under this paragraph shall be in accordance with regulations prescribed
Rates.
by the Director. Rates for allowances and benefits under this paragraph may not be set at rates in excess of those authorized by section 5724 and 5724a of title 5, United States Code, when reimbursement is provided for relocation attributable, in whole or in part, to relocation within the United States.
“(3) Notwithstanding any other provision of this section or any other provision of law relating to the officially authorized travel of Government employees, the Director, in order to reflect Agency requirements not taken into account in the formulation of Government-wide travel procedures, may by regulation—
“(A) authorize the travel of officers and employees of the Agency, and of persons detailed or assigned to the Agency from other agencies of the Government or from the Armed Forces who are engaged in the performance of intelligence functions, and
“(B) provide for payment for such travel, in classes of cases, as determined by the Director, in which such travel is important to the performance of intelligence functions.
“(4) Members of the Armed Forces may not receive benefits under both this section and title 37, United States Code, for the same purpose. The Director and Secretary of Defense shall prescribe joint regulations to carry out the preceding sentence.
“(5) Regulations issued pursuant to this subsection shall be submitted
Regulations, submittal to congressional committees.
to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.”.
Sec. 502. authority to carry firearms
Subsection (d) of section 5 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(d)) is amended to read as follows:
“(d) Authorize personnel designated by the Director to carry firearms to the extent necessary for the performance of the Agency’s authorized functions, except that, within the United States, such authority shall be limited to the purposes of protection of classified materials and information, the training of Agency personnel and other authorized persons in the use of firearms, the protection of Agency installations and property, and the protection of Agency personnel and of defectors, their families, and other persons in the United States under Agency auspices; and”.
Sec. 503. unauthorized use of central intelligence agency name, initials, or seal
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding at the end thereof the following new section:
“Sec 13. “misuse of agency name, initials, or seal
(a) No person may, except with the written permission of
the Director, knowingly use the words ‘Central Intelligence Agency’, the initials ‘CIA’, the seal of the Central 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 is approved, endorsed, or authorized by the Central Intelligence Agency.
“(b) Whenever it appears to the Attorney General that any person
Civil proceeding.
is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.”.
Sec. 504. intelligence advisory committees
Subsection (a) of section 303 of the National Security Act of 1947 (50 U.S.C. 405) is amended by striking out “at a rate not to exceed $50 for each day of service” in the last sentence and inserting in lieu thereof the following: “at a daily rate not to exceed the daily equivalent of the rate of pay in effect for grade GS-18 of the General Schedule established by section 5332 of title 5, United States Code”.
Subsection (b) of such section is amended by striking out “section 281, 283, or 284 of title 18” and inserting in lieu thereof “section 203, 205, or 207 of title 18”.
TITLE VI— GENERAL PROVISIONS RELATED TO THE NATIONAL SECURITY AGENCY
Sec. 601. allowances and benefits for national security agency personnel
Subsection (b)(1) of section 9 of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended to read as follows:
“(1) allowances and benefits—
“(A) comparable to those provided by the Secretary of State to members of the Foreign Service under chapter 9 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4081 et seq.) or any other provision of law; and
(B) in the case of selected personnel serving in circumstances similar to those in which personnel of the Central Intelligence Agency serve, comparable to those provided by the Director of Central Intelligence to personnel of the Central Intelligence Agency; and”.
Such section is further amended by adding at the end thereof the following new subsections:
“(d) Members of the Armed Forces may not receive benefits under both subsection (b)(1) and title 37, United States Code, for the same
Regulations.
purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection.
“(e) Submittal to congressional committees.
Regulations issued pursuant to subsection (b)(1) shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.”.
Sec. 602. language training and cryptologic linguist reserve program
The National Security Agency Act of 1959 is amende
by inserting after section 9 the following:
“Sec. 10.
(a) Regulations.
The Director of the National Security Agency shall
arrange for, and shall prescribe regulations concerning, language and language-related training programs for military and civilian cryptologic personnel. In establishing programs under this section for language and language-related training, the Director—
(1) may provide for the training and instruction to be furnished, including functional and geographic area specializations;
“(2) may arrange for training and instruction through other Government agencies and, in any case in which appropriate training or instruction is unavailable through Government facilities, through nongovernmental facilities that furnish training and instruction useful in the fields of language and foreign affairs;
“(3) may support programs that furnish necessary language and language-related skills, including, in any case in which appropriate programs are unavailable at Government facilities, support through contracts, grants, or cooperation with nongovernmental educational institutions; and
“(4) Special language project personnel.
may obtain by appointment or contract the services of individuals to serve as language instructors, linguists, or special language project personnel.
“(b) (1) In order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director, without regard to subchapter IV of chapter 55 of title 5, United States Code, may provide special monetary or other
incentives to encourage civilian cryptologic personnel of the Agency to acquire or retain proficiency in foreign languages or special related abilities needed by the Agency.
“(2) In order to provide linguistic training and support for cryptologic personnel, the Director—
“(A) may pay all or part of the tuition and other expenses related to the training of personnel who are assigned or detailed for language and language-related training, orientation, or instruction; and
“(B) may pay benefits and allowances to civilian personnel in accordance with chapters 57 and 59 of title 5, United States Code,
5 USC 5701 et seq., 5901 et seq.
and to military personnel in accordance with chapter 7 of title 37, United States Code, and applicable provisions of title 10, United
States Code, when such personnel are assigned to training at sites away from their designated duty station.
“(c) (1) To the extent not inconsistent, in the opinion of the Secretary of Defense, with the operation of military cryptologic reserve units and in order to maintain necessary capability in foreign language skills and related abilities needed by the National Security Agency, the Director may establish a cryptologic linguist reserve. The cryptologic linguist reserve may consist of former or retired civilian or military cryptologic personnel of the National Security Agency and of other qualified individuals, as determined by the Director of the Agency. Each member of the cryptologic linguist reserve shall agree that, during any period of emergency (as determined by the Director), the member shall return to active civilian status with the National Security Agency and shall perform such linguistic or linguistic-related duties as the Director may assign.
“(2) In order to attract individuals to become members of the cryptologic linguist reserve, the Director, without regard to subchapter IV of chapter 55 of title 5, United States Code, may provide special monetary incentives to individuals eligible to become members of the reserve who agree to become members of the cryptologic linguist reserve and to acquire or retain proficiency in foreign languages or special related abilities.
“(3) In order to provide training and support for members of the cryptologic linguist reserve, the Director—
“(A) may pay all or part of the tuition and other expenses related to the training of individuals in the cryptologic linguist reserve who are assigned or detailed for language and language-related training, orientation, or instruction; and
“(B) may pay benefits and allowances in accordance with chapters 57 and 59 of title 5, United States Code, to individuals in the cryptologic linguist reserve who are assigned to training at sites away from their homes or regular places of business.
“(d) (1) The Director, before providing training under this section to any individual, may obtain an agreement with that individual that—
“(A) in the case of current employees, pertains to continuation of service of the employee, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5, United States Code; and
“(B) in the case of individuals accepted for membership in the cryptologic linguist reserve, pertains to return to service when requested, and repayment of the expenses of such training for failure to fulfill the agreement, consistent with the provisions of section 4108 of title 5, United States Code.
“(2) Waiver.
The Director, under regulations prescribed under this section, may waive, in whole or in part, a right of recovery under an agreement made under this subsection if it is shown that the recovery would be against equity and good conscience or against the public interest.
“(e) (1) Subject to paragraph (2), the Director may provide to family members of military and civilian cryptologic personnel assigned to representational duties outside the United States, in anticipation of the assignment of such personnel outside the United States or while outside the United States, appropriate orientation and language training that is directly related to the assignment abroad.
“(2) Language training under paragraph (1) may not be provided to any individual through payment of the expenses of tuition or other cost of instruction at a non-Government educational institution unless appropriate instruction is not available at a Government facility.
“(f) Waiver.
The Director may waive the applicability of any provision of
chapter 41 of title 5, United States Code, to any provision of this section if he finds that such waiver is important to the performance of cryptologic functions.
“(g) The authority of the Director to enter into contracts or to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
“(h) Regulations, submittal to congressional committees.
Regulations issued pursuant to this section shall be submitted to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate before such regulations take effect.”; and
by striking out “Sec. 10.” before “The Director” and inserting in lieu thereof “(1)”.
Sec. 603. senior cryptologic executive service; cryptologic research grants; cryptologic procurement; misuse of agency name
The National Security Agency Act of 1959 is amended by adding at the end thereof the following new sections:
“Sec. 12.
(a) (1) The Secretary of Defense (or his designee) may by regulation establish a personnel system for senior civilian cryptologic personnel in the National Security Agency to be known as the Senior Cryptologic Executive Service. The regulations establishing the Senior Cryptologic Executive Service shall—
“(A) meet the requirements set forth in section 3131 of title 5, United States Code, for the Senior Executive Service;
“(B) provide that positions in the Senior Cryptologic Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2) of such title;
“(C) provide, without regard to section 2, rates of pay for the Senior Cryptologic Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of such title, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted;
“(D) provide a performance appraisal system for the Senior Cryptologic Executive Service that conforms to the provisions of subchapter II of chapter 43 of such title;
“(E) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a),
(b), and (c) of section 7543 of such title (except that any hearing or appeal to which a member of the Senior Cryptologic Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense or his designee);
“(F) permit the payment of performance awards to members of the Senior Cryptologic Executive Service consistent with the provisions applicable to performance awards under section 5384 of such title; and
“(G) provide that members of the Senior Cryptologic Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of such title.
“(2) Except as otherwise provided in subsection (a), the Secretary of Defense (or his designee) may—
“(A) make applicable to the Senior Cryptologic Executive Service any of the provisions of title 5, United States Code, applicable to applicants for or members of the Senior Executive Service; and
“(B) appoint, promote, and assign individuals to positions established within the Senior Cryptologic Executive Service without regard to the provisions of title 5, United States Code, governing appointments and other personnel actions in the competitive service.
“(3) The President, based on the recommendations of the Secretary of Defense, may award ranks to members of the Senior Cryptologic Executive Service in a manner consistent with the provisions of section 4507 of title 5, United States Code.
“(4) Notwithstanding any other provision of this section, the Director of the National Security Agency may detail or assign any member of the Senior Cryptologic Executive Service to serve in a position outside the National Security Agency in which the member’s expertise and experience may be of benefit to the National Security Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the Senior Cryptologic Executive Service.
“(5) The Director of the National Security Agency shall each year
Report to congressional committees.
submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, at the time the Budget is submitted by the President to the Congress for the next fiscal year, a report on executive personnel in the National Security Agency. The report shall include—
“(A) the total number of positions added to or deleted from the Senior Cryptologic Executive Service during the preceding fiscal year;
“(B) the number of executive personnel (including all members of the Senior Cr3rptologic Executive Service) being paid at each grade level and pay rate in effect at the end of the preceding fiscal year;
“(C) the number, distribution, and amount of awards paid to members of the Senior Cryptologic Executive Service during the preceding fiscal year; and
“(D) the number of individuals removed from the Senior Cryptologic Executive Service during the preceding fiscal year for less than fully successful performance.
“(b) Merit pay system.
The Secretary of Defense (or his designee) may by regulation establish a merit pay system for such employees of the National Security Agency as the Secretary of Defense (or his designee) considers appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in section 5401(a) of title 5, United States Code.
“(c) Nothing in this section shall be construed to allow the aggregate amount payable to a member of the Senior Cryptologic Executive Service under this section during any fiscal year to exceed the
annual rate payable for positions at level I of the Executive Schedule in effect at the end of such year.
“Sec. 13.
(a) Grants.
The Director of the National Security Agency may
make grants to private individuals and institutions for the conduct of cryptologic research. An application for a grant under this section may not be approved unless the Director determines that the award of the grant would be clearly consistent with the national security.
“(b) The grant program established by subsection (a) shall be conducted in accordance with the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.) to the extent that such
Act is consistent with and in accordance with section 6 of this Act.
“(c) The authority of the Director to make grants under this section is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
“Sec. 14.
Funds appropriated to an entity of the Federal Government other than an element of the Department of Defense that have been specifically appropriated for the purchase of cryptologic equipment, materials, or services with respect to which the National Security Agency has been designated as the central source of procurement for the Government shall remain available for a period of three fiscal years.
“Sec. 15.
(a) No person may, except with the written permission of the Director of the National Security Agency, knowingly use the words ‘National Security Agency’, the initials ‘NSA’, the seal of the National Security 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 is approved, endorsed, or authorized by the National Security Agency.
“(b) Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other action as is warranted, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.”.
TITLE VII— DEFENSE INTELLIGENCE AGENCY PERSONNEL PROVISIONS
Sec. 701. defense intelligence senior executive service; merit pay system
Part II subtitle A of title 10, United States Code, is amended by adding at the end thereof the following new chapter:
“Chapter 83— DEFENSE INTELLIGENCE AGENCY CIVILIAN PERSONNEL
"§1601. Defense Intelligence Senior Executive Service
“(a) The Secretary of Defense may by regulation establish a
personnel system for senior civilian personnel within the Defense Intelligence Agency to be known as the Defense Intelligence Senior Executive Service. The regulations establishing the Defense Intelligence Senior Executive Service shall—
“(1) meet the requirements set forth in section 3131 of title 5 for the Senior Executive Service;
“(2) provide that positions in the Defense Intelligence Senior Executive Service meet requirements that are consistent with the provisions of section 3182(a)(2) of title 5;
“(3) provide rates of pay for the Defense Intelligence Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 of title 5, and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted;
“(4) provide a performance appraisal system for the Defense Intelligence Senior Executive Service that conforms to the provisions of subchapter II of chapter 43 of title 5;
“(5) provide for removal consistent with section 3592 of such title, and removal or suspension consistent with subsections (a), (b), and (c) of section 7543 of title 5 (except that any hearing or appeal to which a member of the Defense Intelligence Senior Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Secretary of Defense);
“(6) permit the payment of performance awards to members of
Performance awards.
the Defense Intelligence Senior Executive Service consistent with the provisions applicable to performance awards under section 5384 of title 5; and
“(7) provide that members of the Defense Intelligence Senior
Sabbatical leaves.
Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c) of title 5.
“(b) Except as otherwise provided in subsection (a), the Secretary of Defense may—
“(1) make applicable to the Defense Intelligence Senior Executive Service any of the provisions of title 5 applicable to applicants
for or members of the Senior Executive Service; and
“(2) appoint, promote, and assign individuals to positions established within the Defense Intelligence Senior Executive Service without regard to the provisions of title 5 governing appointments and other personnel actions in the competitive service.
“(c) The President, based on the recommendations of the Secretary of Defense, may award ranks to members of the Defense Intelligence Senior Executive Service in a manner consistent with the provisions of section 4507 of title 5.
“(d) Personnel detail.
Notwithstanding any other provision of this section, the Secretary of Defense may detail or assign any member of the Defense Intelligence Senior Executive Service to serve in a position outside the Defense Intelligence Agency in which the member’s expertise and experience may be of benefit to the Defense Intelligence Agency or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the Defense Intelligence Senior Executive Service.
“(e) Report to congressional committees.
The Secretary of Defense shall each year submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, at the time the Budget is submitted by the President to the Congress for the next fiscal year, a report on the executive personnel in the Defense Intelligence Agency. The report shall include—
“(1) the total number of positions added to or deleted from the Defense Intelligence Senior Executive Service during the preceding fiscal year;
“(2) the number of executive personnel (including all members of the Defense Intelligence Senior Executive Service) being paid at each grade level and pay rate in effect at the end of the preceding fiscal year;
“(3) the number, distribution, and amount of awards paid to members of the Defense Intelligence Senior Executive Service during the preceding fiscal year; and
“(4) the number of individuals removed from the Defense Intelligence Senior Executive Service during the preceding fiscal year for less than fully successful performance.
Ҥ 1602. Defense Intelligence Agency merit pay system
“The Secretary of Defense may by regulation establish a merit pay system for such employees of the Defense Intelligence Agency as the Secretary considers appropriate. The merit pay system shall be designed to carry out purposes consistent with those set forth in section 5401(a) of title 5.
Ҥ1603. Limit on pay
“Nothing in this chapter shall be construed to allow the aggregate amount payable to a member of the Defense Intelligence Senior Executive Service under this chapter during any fiscal year to exceed the annual rate payable for positions at level I of the Executive
Schedule in effect at the end of such year.”.
The table of chapters at the beginning of subtitle A of title 10, United States Code, and the table of chapters at the beginning of part II of such subtitle, are amended by adding after the item relating to chapter 81 the following new item:
The authority of the Secretary of Defense under chapter 83 of title 10, United States Code, as added by subsection (a), may be delegated in accordance with section 133(d) of title 10, United States Code.
TITLE VIII— PROVISIONS APPLICABLE TO MORE THAN ONE AGENCY AND EFFECTIVE DATE
Sec. 801. exclusion from veterans preference provisions
Section 2108(3) of title 5, United States Code, is amended by striking out “or the General Accounting Office” and inserting in lieu thereof “, the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, or the General Accounting Office”.
Sec. 802. accumulation of annual leave not subject to limitation
Section 6304 of title 5, United States Code, is amended by striking out subsections (f) and (g) and inserting in lieu thereof the following:
“(f) Annual leave accrued shall not be subject to the limitation on accumulation otherwise imposed by this section if such leave is accrued by an individual while serving in a position in—
“(1) the Senior Executive Service;
“(2) the Senior Foreign Service;
“(3) the Defense Intelligence Senior Executive Service; or
“(4) the Senior Cryptologic Executive Service.”.
Sec. 803. early retirement
Section 8336 of title 5, United States Code, is amended by inserting “(1)” after “(h)” and by adding at the end thereof the following new paragraph:
“(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.”.
Sec. 804. increases in employee benefits authorized by law
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. 805. restriction on conduct of intelligence activities
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. 806. effective date
The amendments made by titles V, VI, and VII and by this title shall take effect as of October 1, 1981.
Approved December 4, 1981.