Intelligence Authorization Act for Fiscal Year 1983
PL 97-269 (H.R.6068), enacted 09/27/1982

96 STAT. 1142 
PUBLIC LAW 97-269—SEPT. 27, 1982 
Public Law 97-269 
97th Congress 
Sept. 27, 1982 
[H.R. 6068] 
Intelligence and 
intelligence-
related 
activities, 
appropriations 
authorization. 
Intelligence 
Authorization 
Act for Fiscal 
Year 1983. 
An Act 
To authorize appropriations for fiscal year 1983 for intelligence and intelligence-
related activities of the United States Government, for the Intelligence Community 
Staff, for the Central Intelligence Agency Retirement and Disability System, to 
authorize supplemental appropriations for fiscal year 1982 for the intelligence and 
intelligence-related activities of the United States Government, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That titles I, II, III, 
IV, V, and VII may be cited as the "IntelUgence Authorization Act 
for Fiscal Year 1983". 
TITLE I—INTELLIGENCE ACTIVITIES 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 101. Funds are hereby authorized to be appropriated for fiscal 
year 1983 for the conduct of the intelligence and intelligence-related 
activities of the following elements of the United States Govern-
ment: 
(1) The Central Intelligence Agency. 
(2) The Department of Defense. 
(3) The Defense Intelligence Agency. 
(4) The National Security Agency. 
(5) The Department of the Army, the Department of the 
Navy, and the Department of the Air Force. 
(6) The Department of State. 
(7) The Department of the Treasury. 
(8) The Department of Energy. 
(9) The Federal Bureau of Investigation. 
(10) The Drug Enforcement Administration. 
Availability to 
congressional 
committees and 
President. 
Distribution. 
CLASSIFIED SCHEDULE OF AUTHORIZATIONS 
SEC. 102. The amounts authorized to be appropriated under sec-
tion 101, and the authorized personnel ceilings as of September 30, 
1983, for the conduct of the intelligence and intelligence-related 
activities of the elements listed in such section, are those specified in 
the classified Schedule of Authorizations prepared by the Commit-
tee of Conference to accompany H.R. 6068 of the Ninety-seventh 
Congress. That Schedule of Authorizations shall be made available 
to the Committees on Appropriations of the Senate and House of 
Representatives and to the President. The President shall provide 
for suitable distribution of the Schedule, or of appropriate portions 
of the schedule, within the executive branch. 
PUBLIC LAW 97-269—SEPT. 27, 1982 
96 STAT. 1143 
CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF 
PROGRAM AUTHORIZATIONS 
SEC 103. During fiscal year 1983, funds may not be made available 
for any activity for which funds are authorized to be appropriated by 
this Act unless such funds have been specifically authorized for such 
activity or, in the case of funds appropriated for a different activity, 
unless the Director of Central Intelligence or the Secretary of 
Defense has notified the appropriate committees of Congress of the 
intent to make such funds available for such activity. 
AUTHORIZATION OF APPROPRIATIONS FOR COUNTERTERRORISM 
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION 
SEC 104. In addition to the amounts authorized to be appropriated 
under section 101(9), there is authorized to be appropriated for fiscal 
year 1983 the sum of $12,125,000 for the conduct of the activities of 
the Federal Bureau of Investigation to counter terrorism in the 
United States. 
TITLE II—INTELLIGENCE COMMUNITY STAFF 
AUTHORIZATION OF APPROPRIATIONS 
SEC 201. There is authorized to be appropriated for the Intelli-
gence Community Staff for fiscal year 1983 the sum of $15,400,000. 
AUTHORIZATION OF PERSONNEL END-STRENGTH 
SEC 202. (a) The Intelligence Community Staff is authorized two 
hundred and ten full-time personnel as of September 30, 1983. Such 
personnel of the Intelligence Community Staff may be permanent 
employees of the Intelligence Community Staff or personnel detailed 
from other elements of the Unted States Government. 
(b) During fiscal year 1983, personnel of the Intelligence Commu-
nity Staff shall be selected so as to provide appropriate representa-
tion from elements of the United States Government engaged in 
intelligence and intelligence-related activities. 
(c) During fiscal year 1983, any officer or employee of the United 
Personnel detail. 
States or a member of the Armed Forces who is detailed to the 
Intelligence Community Staff from another element of the United 
States Government shall be detailed on a reimbursable basis, except 
that any such officer, employee, or member may be detailed on a 
nonreimbursable basis for a period of less than one year for the 
performance of temporary functions as required by the Director of 
Central Intelligence. 
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS 
CENTRAL INTELLIGENCE AGENCY 
SEC 203. During fiscal year 1983, activities and personnel of the 
Intelligence Community Staff shall be subject to the provisions of 
the National Security Act of 1947 (50 U.S.C. 401 et seq.) and the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a-403n) in the 
95 Stat. 1153. 
same manner as activities and personnel of the Central Intelligence 
^^^^' P- li^"*-
Agency. 
97-200 O—84—pt. 1 
38 : QL3 
96 STAT. 1144 
PUBLIC LAW 97-269—SEPT. 27, 1982 
TITLE III CENTRAL INTELLIGENCE AGENCY RETIREMENT 
AND DISABILITY SYSTEM 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 301. There is authorized to be appropriated for the Central 
Intelligence Agency Retirement and Disability Fund for fiscal year 
1983 the sum of $91,300,000. 
TITLE IV—SUPPLEMENTAL AUTHORIZATION FOR FISCAL 
YEAR 1982 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 401. In addition to the funds authorized to be appropriated 
under title I of the Intelligence Authorization Act for Fiscal Year 
1982 (Public Law 97-89; 95 Stat. 1150), funds are hereby authorized 
to be appropriated for fiscal year 1982 for the conduct of the 
intelligence and intelligence-related activities of the United States 
Government. The amounts authorized to be appropriated under the 
preceding sentence are those specified for that purpose in the 
classified Schedule of Authorizations described in section 102. 
CEIUNG ON THE EMPLOYMENT OF CIVIUAN PERSONNEL BY THE 
CENTRAL INTELLIGENCE AGENCY 
SEC. 402. Section 102 of the Intelligence Authorization Act for 
Fiscal Year 1982 (95 Stat. 1150) is amended— 
(1) by striking out in the first sentence "The" and inserting in 
lieu thereof "(a) Except as provided in subsection Ot)), the"; and 
(2) by adding at the end thereof the following: 
"(b) The Director of Central Intelligence may authorize the 
employment of civilian personnel by the Central Intelligence 
Agency in excess of the number authorized by subsection (a) when 
he determines that such action is necessary to the performance of 
important intelligence functions, except that such additional 
number may not exceed two percent of the total number authorized 
for the Central Intelligence Agency by such subsection. 
Report to 
"(c) The Director of Central Intelligence shall promptly notify the 
^nll^X^r 
Permanent Select Committee on Intelligence of the House of Repre-
sentatives and the Select Committee on Intelligence of the Senate of 
any authorization to increase civilian personnel of the the Central 
Intelligence Agency under subsection (b).". 
TITLE V—PROVISIONS RELATED TO INTELLIGENCE 
AGENCIES 
UNAUTHORIZED USE OF DEFENSE INTELLIGENCE AGENCY NAME, 
INITIALS, OR SEAL 
SEC. 501. (a) Title 10, United States Code, is amended by inserting 
after chapter 7 the following new chapter: 
"CHAPTER 
8—DEFENSE 
AGENCIES 
"Sec. 
"191. Unauthorized use of Defense Intelligence Agency name, initials, or seal. 
committees. 
PUBLIC LAW 97-269—SEPT. 27, 1982 
96 STAT. 1145 
"§ 191. Unauthorized use of Defense Intelligence Agency name, 
initials, or seal 
"(a) No person may, except with the written permission of the 
Secretary of Defense, knowingly use the words 'Defense Intelligence 
Agency', the initials 'DIA', the seal of the Defense Intelligence 
Agency, or any colorable imitation of such words, initials or seal in 
connection with any merchandise, impersonation, solicitation, or 
commercial activity in a manner reasonably calculated to convey 
the impression that such use in approved, endorsed, or authorized 
by the Secretary of Defense. 
"(b) Whenever it appears to the Attorney General that any person 
is engaged or is about to engage in an act or practice which 
constitutes or will constitute conduct prohibited by subsection (a), 
the Attorney General may initiate a civil proceeding in a district 
court of the United States to enjoin such act or practice. Such court 
shall proceed as soon as practicable to the hearing and determina-
tion of such action and may, at any time before final determination, 
enter such restraining orders or prohibitions, or take such other 
action as is warranted, to prevent injury to the United States or to 
any person or class of persons for whose protection the action is 
brought.". 
(b) The tables of chapters at the beginning of subtitle A, and at the 
beginning of part I of subtitle A, of title 10, United States Code, are 
amended by inserting after the item relating to chapter 7 the 
following new item: 
"8. Defense Agencies 
191". 
10 u s e 191. 
AUTOMATIC DATA PROCESSING EQUIPMENT OR SERVICES 
SEC. 502. (a) Section 3 of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 403c) is amended by adding at the end thereof the 
following new subsection: 
"(e) Notwithstanding subsection (e) of section 111 of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 759(e)), 
the provisions of section 111 of such Act relating to the procurement 
of automatic data processing equipment or services shall not apply 
with respect to such procurement by the Central Intelligence 
Agency.". 
(b) Subsection (e) of section 3 of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403c(e)), as added by subsection (a) of this 
section, does not apply to a contract made before the date of 
enactment of this Act. 
50 u s e 403c 
note. 
TITLE VI—RETIREMENT BENEFITS FOR CERTAIN FORMER 
SPOUSES 
OF 
CENTRAL 
INTELLIGENCE 
AGENCY 
EMPLOYEES 
SHORT TITLE 
SEC. 601. This title may be cited as the "Central Intelligence 
Agency Spouses' Retirement Equity Act of 1982". 
eentral 
Intelligence 
Agency Spouses' 
Retirement 
Equity 
Act of 1982. 
50 u s e 403 note. 
ANNUITANTS 
SEC. 602. Section 204 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees (50 U.S.C. 403 note) is 
amended— 
96 STAT. 1146 
PUBLIC LAW 97-269—SEPT. 27, 1982 
"Former 
spouse." 
50 u s e 403 note. 
(1) by inserting "former spouses," after "including surviving 
wives and husbands,"; and 
(2) by adding at the end thereof the following: 
"(4) 'Former spouse' means a former wife or husband of a 
participant or former participant who was married to such 
participant for not less than 10 years during periods of service 
by that participant which are creditable under sections 251, 252, 
and 253 of this Act, at least five years of which were spent 
outside the United States by both the participant and the 
former spouse.". 
COMPUTATION OF ANNUITIES FOR OTHER THAN FORMER SPOUSES 
SEC. 603. Section 221 of the Central Intelligence Agency Retire-
50 use 403 note, ment Act of 1964 for Certain Employees is amended— 
(1) by inserting immediately above the section the following 
section heading: "COMPUTATION OF ANNUITIES FOR OTHER THAN 
FORMER S P O U S E S " ; a n d 
(2) by amending subsection (b) to read as follows: 
"(b)(1)(A) Except to the extent provided otherwise under a written 
election under subparagraph (B) or (C), if at the time of retirement a 
participant or former participant is married (or has a former spouse 
who has not remarried before attaining age 60), the participant shall 
receive a reduced annuity and provide a survivor annuity for his or 
her spouse under this subsection or former spouse under section 
Post, p. 1148. 
222(b), or a combination of such annuities, as the case may be. 
Waiver. 
"(B) A married participant or former participant and his or her 
spouse may jointly elect in writing to waive a survivor annuity for 
that spouse under this section (or under section 222(b) if the spouse 
Ante, p. 1145. 
later qualifies as a former spouse under section 204(b)(4)), or to 
reduce such survivor annuity under this section (or section 222(b)) by 
designating a portion of the annuity of the participant as the base 
for the survivor benefit. If the marriage is dissolved following an 
election for such a reduced annuity and the spouse qualifies as a 
former spouse, the base used in calculating any annuity of the 
former spouse under section 222(b) may not exceed the portion of the 
participant's annuity designated under this subparagraph. 
Waiver. 
"(C) If a participant or former participant has a former spouse, the 
participant (or former participant) and such former spouse may 
Post, p. 1153. 
jointly elect by spousal agreement under section 263(b) to waive a 
survivor annuity under section 222(b) for that former spouse, if the 
election is made (i) before the end of the 12-month period beginning 
on the date the divorce or annulment involving that former spouse 
becomes final or (ii) at the time of retirement of the participant. 
"(D) The Director may prescribe regulations under which a par-
ticipant or former participant may make an election under subpara-
graph (B) or (C) without the participant's spouse or former spouse if 
the participant establishes to the satisfaction of the Director that 
the participant does not know, and has taken all reasonable steps to 
determine, the whereabouts of the spouse or former spouse. 
"(2) The annuity of a participant or former participant providing a 
survivor benefit under this section (or section 222(b)), excluding any 
portion of the annuity not designated or committed as a base for any 
survivor annuity, shall be reduced by 2Vz percent of the first $3,600 
plus 10 percent of any amount over $3,600. The reduction under this 
paragraph shall be calculated before any reduction under section 
222(a)(4). 
PUBLIC LAW 97-269—SEPT. 27, 1982 
96 STAT. 1147 
"(3)(A) If a former participant entitled to receive a reduced annu-
ity under this subsection dies and is survived by a spouse, a survivor 
annuity shall be paid to the surviving spouse equal to 55 percent of 
the full amount of the participant's annuity computed under subsec-
tion (a), or 55 percent of any lesser amount elected as the base for 
the survivor benefit under paragraph (1)(B). 
"(B) Notwithstanding subparagraph (A), the amount of the annu-
ity calculated under subparagraph (A) for a surviving spouse in any 
case in which there is also a surviving former spouse of the partici-
pant who qualifies for an annuity under section 222(b) may not 
exceed 55 percent of the portion (if any) of the base for survivor 
benefits which remains available under section 222(b)(4)(B). 
"(C) An annuity payable from the fund to a surviving spouse 
under this paragraph shall commence on the day after the partici-
pant dies and shall terminate on the last day of the month before 
the surviving spouse's death or remarriage before attaining age 60. 
If such a survivor annuity is terminated because of remarriage, it 
shall be restored at the same rate commencing on the date such 
remarriage is dissolved by death, annulment, or divorce if any lump 
sum paid upon termination of the annuity is returned to the fund.'. 
Post, p. 1148. 
RIGHT OF ELECTION 
SEC. 604. Section 221 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended by section 603 
of this title, is further amended in subsection (g)— 
(1) by inserting "(1)" after "(g)"; 
(2) by redesignating paragraphs (1) and (2) as clauses (A) and 
(B), respectively; and 
(3) by adding at the end thereof the following: 
"(2) A surviving former spouse of any participant or former 
participant shall not become entitled to a survivor annuity or to the 
restoration of a survivor annuity payable from the fund unless the 
survivor elects to receive it instead of any other survivor annuity to 
which he or she may be entitled under this or any other retirement 
system for Government employees on the basis of a marriage to 
someone other than that participant.". 
50 u s e 403 note. 
SUPPLEMENTAL ANNUITIES; RECOMPUTATION OF ANNUITIES 
SEC. 605. Section 221 of the Central Intelligence Agency Retire-
ment Act of 1964 for Certain Employees, as amended by sections 603 
and 604 of this title, is further amended by adding at the end thereof 
the following: 
"(m)(l) Any married annuitant who reverts to retired status with 
entitlement to a supplemental annuity under subsection 271(b) 50 use 403 note. 
shall, unless the annuitant and his or her spouse jointly elect in 
writing to the contrary at that time, have the supplemental annuity 
reduced by 10 percent to provide a supplemental survivor annuity 
for his or her spouse. Such supplemental survivor annuity shall be 
equal to 55 percent of the supplemental annuity of the annuitant 
and shall be payable to a surviving spouse to whom the annuitant 
was married at the time of reversion to retired status or whom the 
annuitant subsequently married. 
"(2) The Director shall issue regulations to provide for the applica- 
Regulations. 
tion of paragraph (1) of this subsection and of subsection 2710t)) in 
any case in which an annuitant has a former spouse who was 
96 STAT. 1148 
PUBLIC LAW 97-269—SEPT. 27, 1982 
married to the participant at any time during a period of recall 
Infra. 
service and who qualifies for an annuity under section 222(b). 
"(n) An annuity which is reduced under this section or any similar 
prior provision of law to provide a survivor benefit for a spouse 
shall, if the marriage of the participant to such spouse is dissolved, 
be recomputed and paid for each full month during which an 
annuitant is not married (or is remarried if there is no election in 
effect under the following sentence) as if the annuity had not been 
so reduced, subject to any reduction required to provide a survivor 
benefit under section 222 (b) or (c). Upon remarriage the retired 
participant may irrevocably elect, by means of a signed writing 
received by the Director within one year after such remarriage, to 
receive during such marriage a reduction in annuity for the purpose 
of allowing an annuity for the new spouse of the annuitant in the 
event such spouse survives the annuitant. Such reduction shall be 
equal to the reduction in effect immediately before the dissolution of 
the previous marriage (unless such reduction is adjusted under 
section 222(b)(5)), and shall be effective the first day of the first 
month beginning one year after the date of remarriage. A survivor 
annuity elected under this subsection shall be treated in all respects 
as a survivor annuity under subsection (b). 
"(o) The Director shall, on an annual basis— 
"(1) inform each participant of his or her right of election 
under subsections (f)(2) and (n); and 
"(2) to the maximum extent practicable, inform spouses or 
former spouses of participants or former participants of their 
rights under this section and sections 222, 223, and 234 (c), (d), 
Infra. 
and (e).". 
Post, p. 1152. 
COMPUTATION OF ANNUITIES FOR FORMER SPOUSES 
SEC. 606. Part C of title II of the Central Intelligence Agency 
Retirement Act of 1964 for Certain Employees is amended by adding 
at the end thereof the following: 
"COMPUTATION OF ANNUITIES FOR FORMER SPOUSES 
50 use 403 note. 
"SEC. 222. (a)(1) Unless otherwise expressly provided by any 
Post, p. 1153. 
spousal agreement or court order under section 263(b), a former 
spouse of a participant or former participant is entitled to an 
annuity— 
*(A) if married to the participant throughout the creditable 
service of the participant, equal to 50 percent of the annuity of 
the participant; or 
"(B) if not married to the participant throughout such credit-
able service, equal to a proportion of 50 percent of such annuity 
which is the proportion that the number of days of the marriage 
of the former spouse to the participant during periods of credit-
able service of such participant under this Act bears to the total 
number of days of creditable service. 
Annuity 
"(2) A former spouse shall not be qualified for an annuity under 
disquaiitication. 
^j^jg subsection if before the commencement of that annuity the 
former spouse remarries before becoming 60 years of age. 
"(3) The annuity of a former spouse under this subsection com-
mences on the day the participant upon whose service the annuity is 
based becomes entitled to an annuity under this title or on the first 
day of the month after the divorce or annulment involved becomes 
PUBLIC LAW 97-269—SEPT. 27, 1982 
96 STAT. 1149 
final, whichever is later. The annuity of such former spouse and the 
right thereto terminate on— 
"(A) the last day of the month before the former spouse dies 
or remarries before 60 years of age; or 
"(B) the date the annuity of the participant terminates 
(except in the case of an annuity subject to paragraph 4(B)). 
"(4)(A) The annuity payable to any participant shall be reduced by 
the amount of an annuity under this subsection paid to any former 
spouse based upon the service of that participant. Such reduction 
shall be disregarded in calculating the survivor annuity for any 
spouse, former spouse, or other survivor under this title, and in 
calculating any reduction in the annuity of the participant to 
provide survivor benefits under subsection (b) or section 221(b). 
Ante, p. 1146. 
"(B) If any annuitant whose annuity is reduced under subpara-
graph (A) is recalled to service under section 271, or reinstated or 
50 USC 403 note, 
reappointed, in the case of a recovered disability annuitant, or if any 
annuitant is reemployed as provided for under sections 272 and 273, 50 USC 403 note, 
the salary of that annuitant shall be reduced by the same amount as 
the annuity would have been reduced if it had continued. Amounts 
equal to the reductions under this subparagraph shall be deposited 
in the Treasury of the United States to the credit of the fund. 
"(5) Notwithstanding paragraph (3), in the case of any former 
Disability 
spouse of a disability annuitant— 
annuity. 
"(A) the annuity of that former spouse shall commence on the 
date the participant would qualify on the basis of his or her 
creditable service for an annuity under this title (other than a 
disability annuity) or the date the disability annuity begins, 
whichever is later, and 
"(B) the amount of the annuity of the former spouse shall be 
calculated on the basis of the annuity for which the participant 
would otherwise so qualify. 
"(6) An annuity under this subsection shall be treated the same as 
a survivor annuity under subsection (b) for purposes of section 
221(g)(2) or any comparable provision of law. 
"(7) No spousal ajgreement or court order under section 263(b) 
Post, p. 1153. 
involving any participant may provide for an annuity or any combi-
nation of annuities under this subsection which exceeds the annuity 
of the participant. No such court order relating to an annuity under 
this subsection may be given effect if it is issued more than 12 
months after the date the divorce or annulment involved becomes 
final. 
"(b)(1) Subject to any election under section 221(b)(1)(C) and unless 
otherwise expressly provided by any spousal agreement or court 
order under section 263(b), if a former participant who is entitled to 
receive an annuity is survived by a former spouse, the former spouse 
shall be entitled to a survivor annuity— 
"(A) if married to the participant throughout the creditable 
service of the participant, equal to 55 percent of the full amount 
of the participant's annuity, as computed under section 221(a), 50 USC 403 note. 
or 
"(B) if not married to the participant throughout such credit-
able service, equal to a proportion of 55 percent of the full 
amount of such annuity which is the proportion that the 
number of days of the marriage of the former spouse to the 
former participant during periods of creditable service of such 
former participant under this Act bears to the total number of 
days of such creditable service. 
96 STAT. 1150 
PUBLIC LAW 97-269—SEPT. 27, 1982 
"(2) A former spouse shall not be qualified for an annuity under 
this subsection if before the commencement of that annuity the 
former spouse remarries before becoming 60 years of age. 
"(3) An annuity payable from the fund to a surviving former 
spouse under this subsection shall commence on the day after the 
annuitant dies and shall terminate on the last day of the month 
before the former spouse's death or remarriage before attaining age 
60. If such a survivor annuity is terminated because of remarriage, 
it shall be restored at the same rate commencing on the date such 
remarriage is dissolved by death, annulment, or divorce if any lump 
sum paid upon termination of the annuity is returned to the fund. 
"(4)(A) The maximum survivor annuity or combination of survivor 
Ante, p. 1146. 
annuities under this section (and section 2210t))(3)) with respect to 
any participant or former participant may not exceed 55 percent of 
the full amount of the participant's annuity, as calculated under 
50 use 403 note, section 221(a). 
"(B) Once a survivor annuity has been provided under this subsec-
tion for any former spouse, a survivor annuity for another individ-
ual may thereafter be provided under this subsection (or section 
221(b)(3)) with respect to a participant or former participant only for 
that portion (if any) of the maximum available which is not commit-
ted for survivor benefits for any former spouse whose prospective 
right to such annuity has not terminated by reason of death or 
remarriage. 
"(C) After the death of a participant or former participant, a court 
Post, p. 1153. 
order under section 263(b) may not adjust the amount of the annuity 
of any former spouse under this section. 
"(5)(A) For each full month after a former spouse of a participant 
or former participant dies or remarries before attaining age 60, the 
annuity of the participant, if reduced to provide a survivor annuity 
for that former spouse, shall be recomputed and paid as if the 
annuity had not been so reduced, unless an election is in effect 
under subparagraph (B). 
"(B) Subject to paragraph (4)(B), the participant may elect in 
writing within one year after receipt of notice of the death or 
remarriage of the former spouse to continue the reduction in order 
to provide a higher survivor annuity under section 221(b)(3) for any 
spouse of the participant. 
"(cXD In the case of any participant or former participant provid-
ing a survivor annuity benefit under subsection Ot)) for a former 
spouse— 
"(A) such participant may elect, or 
"(B) a spousal agreement or court order under section 263(b) 
may provide for, 
an additional survivor annuity under this subsection for any other 
former spouse or spouse surviving the participant, if the participant 
satisfactorily passes a physical examination as prescribed by the 
Director. 
"(2) Neither the total amount of survivor annuity or annuities 
under this subsection with respect to any participant or former 
participant, nor the survivor annuity or annuities for any one 
surviving spouse or former spouse of such participant under this 
section or section 221, shall exceed 55 percent of the full amount of 
the participant's annuity, as computed under section 221(a). 
"(3)(A) In accordance with regulations which the Director shall 
prescribe, the participant involved may provide for any annuity 
under this subsection— 
PUBLIC LAW 97-269—SEPT. 27, 1982 
96 STAT. 1151 
"(i) by a reduction in the annuity or an allotment from the 
salary of the participant, 
"(ii) by a lump-sum payment or installment payments to the 
fund, or 
"(iii) by any combination thereof. 
"(B) The present value of the total amount to accrue to the fund 
under subparagraph (A) to provide any annuity under this subsec-
tion shall be actuarially equivalent in value to such annuity, as 
calculated upon such tables of mortality as may from time to time 
be prescribed for this purpose by the Director. 
"(C) If a former spouse predeceases the participant or remarries 
before attaining age 60 (or, in the case of a spouse, the spouse does 
not qualify as a former spouse upon dissolution of the marriage)— 
"(i) if an annuity reduction or salary allotment under subpar-
agraph (A) is in effect for that spouse or former spouse, the 
annuity shall be recomputed and paid as if it had not been 
reduced or the salary allotment terminated, as the case may be, 
and 
"(ii) any amount accruing to the fund under subparagraph (A) 
shall be refunded, but only to the extent that such amount may 
have exceeded the actuarial cost of providing benefits under this 
subsection for the period such benefits were provided, as deter-
mined under regulations prescribed by the Director. 
"(D) Under regulations prescribed by the Director, an annuity 
shall be recomputed (or salary allotment terminated or adjusted), 
and a refund provided (if appropriate), in a manner comparable to 
that provided under subparagraph (C), in order to reflect a termina-
tion or reduction of future benefits under this subsection for a 
spouse in the event a former spouse of the participant dies or 
remarries before attaining age 60 and an increased annuity is 
provided for that spouse in accordance with this section. 
"(4) An annuity payable under this subsection to a spouse or 
former spouse shall commence on the day after the participant dies 
and shall terminate on the last day of the month before the former 
spouse's death or remarriage before attaining age 60. 
"(5) Section 291 shall not apply to any annuity under this subsec- 50 use 403 note. 
tion, unless authorized under regulations by the Director. 
"(d) Section 221(1) shall not apply— 
50 use 403 note. 
"(1) to any annuity payable under subsection (a) or (b) to any 
former spouse if the amount of that annuity varies by reason of 
a spousal agreement or court order under section 263(b), or an ^
<
^
«
^
' P ^^53. 
election under section 221(bXlXB), from the amount which ^«^e, p. 1146. 
would be calculated under subsection (aXD or (bXD, as the case 
may be, in the absence of such spousal agreement, court order, 
or election; or 
"(2) to any annuity payable under subsection (c).". 
SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES 
SEC. 607. Part C of title II of the Central Intelligence Agency 
Retirement Act of 1964 for Certain Employees, as amended by 
section 606 of this title, is further amended by adding at the end 
thereof the following: 
96 STAT. 1152 
PUBLIC LAW 97-269—SEPT. 27, 1982 
"ELECTION OF SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES 
50 use 403 note. 
"SEC. 223. (a) Any participant or former participant in the Central 
Intelligence Agency Retirement and Disability System who on 
November 15, 1982, has a former spouse may, by a spousal agree-
ment, elect to receive a reduced annuity and provide a survivor 
Ante, p. 1148. 
annuity for such former spouse under section 222(b). 
"(b)(1) If the participant or former participant has not retired 
under such system on or before November 15, 1982, an election 
under this section may be made at any time before retirement. 
"(2) If the participant or former participant has retired under 
such system on or before November 15, 1982, an election under this 
section may be made within such period after November 15,1982, as 
the Director may prescribe. 
"(3) For the purposes of applying this Act, any such election shall 
be treated in the same manner as if it were a spousal agreement 
Post, p. 1153. 
under section 263(b). 
"(c) An election under this section may provide for a survivor 
benefit based on all or any portion of that part of the annuity of the 
participant which is not designated or committed as a base for 
survivor benefits for a spouse or any other former spouse of the 
participant. The participant and his or her spouse may make an 
Ante, p. 1146. 
election under section 221(bXl)(B) prior to the time of retirement for 
the purpose of allowing an election to be made under this section. 
"(d) The amount of the reduction in the participant's annuity 
shall be determined in accordance with section 221(b)(2). Such reduc-
tion shall be effective as of— 
"(1) the commencing date of the participant's annuity, in the 
case of an election under subsection (b)(1), or 
"(2) November 15, 1982, in the case of an election under 
subsection (b)(2).". 
DISCONTINUED SERVICE BENEFITS 
SEC. 608. Section 234 of the Central Intelligence Agency Retire-
50 use 403 note, ment Act of 1964 for Certain Employees is amended— 
(1) by striking out in subsection (a) "Any" and inserting in 
lieu thereof the following: "Subject to the limitations contained 
in subsections (c), (d), and (e), any"; and 
(2) by adding at the end thereof the following: 
"(C) Whenever a participant becomes separated from the Agency 
without becoming eligible for an annuity or a deferred annuity 
under this Act and becomes entitled to receive a lump-sum pa3rment 
50 use 403 note, under this section or section 241, a share of that lump-sum payment 
shall be paid to any former spouse of the participant in accordance 
with subsections (d) and (e). 
Lump-sum 
"(d) Unless otherwise expressly provided by any spousal agree-
^^^^^- 
ment or court order under section 263(b), the amount of a partici-
pant's or former participant's lump-sum credit under this section or 
under section 241 payable to a former spouse of that participant 
shall be— 
"(1) if the former spouse was married to the participant 
throughout the period of creditable service of the participant, 50 
percent of such lump-sum credit to which such participant 
would be entitled in the absence of this subsection; or 
"(2) if such former spouse was not married to the participant 
throughout such creditable service, an amount equal to a pro-
PUBLIC LAW 97-269—SEPT. 27, 1982 
96 STAT. 1153 
portion of 50 percent of such lump-sum credit which is the 
proportion that the number of days of the marriage of the 
former spouse to the participant during periods of creditable 
service of such participant under this Act bears to the total 
number of days of such creditable service. 
Such lump-sum credit of the participant shall be reduced by the 
amount of the lump-sum credit payable to the former spouse. 
"(e) A lump-sum payment under this section or section 241 of this 
50 USC 403 note. 
Act may be paid by the Director to or for the benefit of a partici-
pant— 
"(1) only upon written notification by the Director to a cur-
rent spouse of the participant, if any; and 
"(2) only if the express written concurrence of that spouse has 
been received by the Director.". 
SPOUSAL AGREEMENTS; COURT DECREES 
SEC. 609. The Central Intelligence Agency Retirement Act of 1964 
for Certain Employees is further amended— 
(1) by striking out "None" in section 263 and inserting in lieu 
50 USC 403 note. 
thereof "(a) Except as provided in subsection (b) of this section, 
none"; and 
(2) by adding at the end thereof the following: 
"(b) Payments under this Act which would otherwise be made to a 
participant or the child, survivor, or former spouse of a participant 
based upon the service of the participant shall be paid (in whole or 
in part) by the Director directly to the participant, or child, survivor, 
or former spouse of the participant according to the terms of any 
legally enforceable spousal agreement or recognized court decree of 
divorce, annulment, or legal separation between the participant and 
that former spouse, or the terms of any recognized court order or 
court-approved property settlement agreement incident to any such 
spousal agreement or court decree of divorce, annulment, or legal 
separation. Any payment under this subsection to a party to a 
spousal agreement, or court decree of divorce, annulment, or legal 
separation or property settlement agreement incident thereto shall 
bar recovery by any other person.". 
TECHNICAL AMENDMENTS 
SEC. 610. The Central Intelligence Agency Retirement Act of 1964 
for Certain Employees is further amended— 
(1) by striking out in the first sentence of section 221(f) "Any" 
50 USC 403 note. 
and inserting in lieu thereof the following: "Subject to the 
rights of former spouses under sections 221(b) and 222, any"; 
and 
(2) by adding to subsection 221(1) the following paragraph: 
"(4) This subsection shall not apply to the extent provided in 
section 222(d).". 
COMPULSORY CONTRIBUTIONS 
SEC. 611. Section 211 of the Central Intelligence Agency Retire- 
50 use 403 note. 
ment Act of 1964 for Certain Employees is amended by adding at the 
end thereof the following new subsection: 
"(c) Amounts deducted and withheld from the basic salary of a 
participant under this section from the beginning of the first pay 
96 STAT. 1154 
PUBLIC LAW 97-269—SEPT. 27, 1982 
period after the participant has completed thirty-five years of credit-
50 use 403 note, able service computed under sections 251 and 252 (excluding service 
50 use 403 note, credit for unused sick leave under section 221(h)), together with 
interest on these amounts at the rate of 3 percent a year com-
pounded annually from the date of the deduction to the date of 
retirement or death, shall be applied toward any special contribu-
tion due under section 252(b), and any balance not so required shall 
be refunded in a lump sum to the participant after separation (or, in 
the event of a death in service, to a beneficiary in order of prece-
50 use 403 note, dence specified in subsection 241(b)(1)), subject to any restrictions on 
50 use 408 note, lump sums under section 234 of this Act regarding notification or 
consent of a current spouse to such payments, or the participant 
may use these sums to purchase an additional annuity in accordance 
50 use 403 note, with section 281, or any other elective benefits authorized by this 
Act, including additional retirement or survivor benefits for a cur-
rent or former spouse or spouses.". 
PARTICIPANTS IN THE CIVIL SERVICE RETIREMENT SYSTEM 
SEC. 612. The Central Intelligence Agency Act of 1949 (50 U.S.C. 
403 a-m) is amended by adding at the end thereof the following new 
section: 
"RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES 
50 use 403n. 
"SEC. 14. (a) The provisions of sections 204, 221(b) (l)-(3), 221(f), 
221(g)(2), 221(1), 221(m), 221(n), 221(o), 222, 223, 234(c), 234(d), 234(e), 
and 263(b) of the Central Intelligence Agency Retirement Act of 
fus' Fft2^\^f^'3 
^^^^ ^°^ Certain Employees (50 U.S.C. 403 note) establishing certain 
' 
' 
requirements, limitations, rights, entitlements, and benefits relating 
to retirement annuities, survivor benefits, and lump-sum payments 
for a spouse or former spouse of an Agency employee who is a 
participant in the Central Intelligence Agency Retirement and Dis-
ability System shall apply in the same manner and to the same 
extent in the case of an Agency employee who is a participant in the 
Civil Service Retirement and Disability System. 
Regulations. 
"(b) The Director of the Office of Personnel Management, in 
consultation with the Director of Central Intelligence, shall pre-
scribe such regulations as may be necessary to implement the 
provisions of this section.". 
EFFECTIVE DATE 
50 use 403 note. 
SEC. 613. (a) Except as provided in subsections (b) and (c) of this 
section, this title shall take effect on November 15,1982. 
(b) The provisions of section 222(a) of the Central Intelligence 
Agency Retirement Act of 1964 for Certain Employees, as added by 
this title, regarding the rights of former spouses to an annuity shall 
apply in the case of any individual who after the effective date of 
this title becomes a former spouse of an individual who separates 
from service with the Agency after such date. 
(c) Except to the extent provided in section 223 of the Central 
Intelligence Agency Retirement Act of 1964 for Certain Employees, 
the provisions of section 221(b) (as amended by this title) and the 
provisions of subsections (b) and (c) of section 222 of such Act, as 
added by this title, regarding the rights of former spouses to receive 
survivor annuities shall apply in the case of any individual who 
PUBLIC LAW 97-269—SEPT. 27, 1982 
96 STAT. 1155 
after the effective date of this title becomes a former spouse of a 
participant or former participant in the Central Intelligence Agency 
Retirement and Disability System. 
TITLE VII—GENERAL PROVISIONS 
RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES 
SEC. 701. The authorization of appropriations by this Act shall not 
be deemed to constitute authority for the conduct of any intelligence 
activity which is not otherwise authorized by the Constitution or 
use prec. title i. 
laws of the United States. 
INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW 
SEC. 702. Appropriations authorized by this Act for salary, pay, 
retirement, and other benefits for Federal employees may be 
increased by such additional or supplemental amounts as may be 
necessary for increases in such benefits authorized by law. 
EFFECTIVE DATE 
SEC. 703. The provisions of titles IV and V and of this title shall 
lo use i9i note. 
become effective upon the date of the enactment of this Act. 
Approved September 27, 1982. 
LEGISLATIVE HISTORY—H.R. 6068 (S. 2487): 
HOUSE REPORTS: No. 97-486, Pt. 1 (eomm. on Intelligence) and Pt. 2 (eomm. on 
Armed Services) and No. 97-779 (eomm. of Oonference). 
SENATE REPORTS: No. 97-379 (Comm. on Intelligence) and No. 97-480 (Oomm. on 
Armed Services) and No. 97-779 (Oomm. of Oonference). 
eONGRESSIONAL RECORD, Vol. 128 (1982): 
May 18, 19, considered and passed House. 
June 30, S. 2487 considered and passed Senate; H.R. 6068 amended, passed in 
lieu. 
Sept. 8, House agreed to conference report. 
Sept. 10, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 39 (1982): 
Sept. 27, Presidential statement.