Intelligence Authorization Act for Fiscal Year 1982
PL 97-89 (H.R.3454), enacted 12/04/1981

95 STAT. 1150 
PUBLIC LAW 97-89—DEC. 4, 1981 
Dec. 4, 1981 
[H.R. 3454] 
Intelligence 
Authorization 
Act for Fiscal 
Year 1982. 
Public Law 97-89 
97th Congress 
An Act 
To authorize appropriations for fiscal year 1982 for the intelligence and intelligence-
related activities of the United States Government, for the Intelligence Commu-
nity 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 'TnteUigence Authorization Act for Fiscal Year 1982", 
TITLE I—INTELLIGENCE ACTIVITIES 
Availability to 
congressional 
committees and 
President. 
Distribution. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 101. 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: 
(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 Stete. 
(7) The Department of the Treasury. 
(8) The Department of Energy. 
(9) The Federal Bureau of Investigation. 
(10) The Drug Enforcement Administration. 
CLASSIFIED SCHEDULE OP AUTHORIZATIONS 
SEC. 102. 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. 
That Schedule of Authorizations shall be made available to the 
Committees on Appropriations of the Senate and House of Repre-
sentatives 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. 
CONGRESSIONAL NOTIFICATION OF EXPENDITURES IN EXCESS OF 
PROGRAM AUTHORIZATIONS 
SEC. 103. 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 
PUBLIC LAW 97-89—DEC. 4, 1981 
95 STAT. 1151 
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 COUNTER-TERRORISM 
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 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 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 201. There is authorized to be appropriated for the Intelligence 
Community Staff for fiscal year 1982 the sum of $13,600,000. 
AUTHORIZATION OP PERSONNEL END-STRENGTH 
SEC. 202. (a) 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. 
(b) During fiscal year 1982, 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 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. 
INTELLIGENCE COMMUNITY STAFF ADMINISTERED IN SAME MANNER AS 
CENTRAL INTELLIGENCE AGENCY 
SEC. 203. 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 50 use 
manner as activities and personnel of the Central Intelligence 403a-403Z. 
Agency. 
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 
1982 the sum of $84,600,000. 
95 STAT. 1152 
PUBLIC LAW 97-89—DEC. 4, 1981 
TITLE IV—SUPPLEMENTAL AUTHORIZATION FOR FISCAL 
YEAR 1981 
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 
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 
ALLOWANCES AND BENEFITS FOR CENTRAL INTELUGENCE AGENCY 
PERSONNEL 
SEC. 501. Section 4 of the Centred Intelligence Agency Act of 1949 
(50 U.S.C. 403e) is amended— 
(1) by inserting "(a)" before "Under such regulations"; and 
(2) by adding at the end thereof the following new subsection: 
"(bXl) 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. 
Payment terms. 
"(2) The Director may pay allowances and benefits related to 
officially authorized travel, personnel and physical security activi-
ties, 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 pajnnent 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 pre-
Rates. 
scribed 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 reimburse-
ment 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 Govern-
ment-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 
PUBLIC LAW 97-89—DEC. 4, 1981 
95 STAT. 1153 
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 submit-
ted 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.". 
Regulations, 
submittal to 
congressional 
committees. 
AUTHORTTY TO CARRY FIREARMS 
SEC. 502. 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". 
UNAUTHORIZED USE OF CENTRAL INTELUGENCE AGENCY NAME, 
INFFIALS, OR SEAL 
SEC. 503. 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: 
"MISUSE OF AGENCY NAME, INmALS, OR SEAL 
"SEC 13. (a) No person may, except with the written permission of so use 403m. 
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 Intelli-
gence Agency. 
"(b) Whenever it appears to the Attorney General that any person Civii proceeding. 
is engaged or is about to engage in an act or practice which 
constitutes or will constitute conduct prohibited b^ subsection (a), the 
Attorney General may initiate a civil proceeding m 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. . 
INTELUGENCE ADVISORY COMMFTTEES 
SEC. 504. (a) 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". 5 use 5332 note. 
95 STAT. 1154 
PUBLIC LAW 97-89—DEC. 4, 1981 
(b) Subsection C
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 
50 u s e 402 note. 
Regulations. 
Submittal to 
congressional 
committees. 
Regulations. 
50 u s e 402 note. 
Special language 
project 
personnel. 
ALLOWANCES AND BENEFITS FOR NATIONAL SECURITY AGENCY 
PERSONNEL 
SEC. 601. (a) 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 circum-
stances 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 . 
(b) 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 
purpose. The Secretary of Defense shall prescribe such regulations as 
may be necessary to carry out this subsection. 
"(e) Regulations issued pursuant to subsection (bXD shall be sub-
mitted 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.". 
L A N G U A G E TRAINING AND CRYPTOLOGIC UNGUIST RESERVE PROGRi 
3 
SEC. 602. The National Security Agency Act of 1959 is amende 
(1) by inserting after section 9 the following: 
"SEC. 10. (a) 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 fur-
nished, 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 facil-
ities, 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 nongov-
ernmental educational institutions; and 
"(4) may obtain by appointment or contract the services of 
individuals to serve as language instructors, linguists, or special 
language project personnel. 
PUBLIC LAW 97-89—DEC. 4, 1981 
95 STAT. 1155 
"(b)(1) In order to maintain necessary capability in foreign lan-
guage 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 5 U
S
C 5531. 
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 crypto-
logic 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 use 5701 et 
and to military personnel in accordance with chapter 7 of title 37, *^9-. 5901 et seq. 
United States Code, and applicable provisions of title 10, United 3
7 use 40i et 
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 Secre-
tary 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 crjrptologic 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 sub-
chapter IV of chapter 55 of title 5, United States Code, may provide 
special monetary incentives to individuals eligible to become mem-
bers 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 awajr 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 
crjrptologic linguist reserve, pertains to return to service when 
95 STAT. 1156 
PUBLIC LAW 97-89—DEC. 4, 1981 
Waiver. 
Waiver. 
5 use 4101 et 
seq. 
Regulations, 
submittal to 
congressional 
committees. 
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) 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 lan-
guage 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) 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 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 
(2) by striking out "SEC. 10." before "The Director" and 
inserting in lieu thereof "(1)". 
Establishment. 
50 use 402 note. 
Pay rates. 
50 use 402 note. 
5 use 4311. 
SENIOR CRYPTOLOGIC EXECUTIVE SERVICE; CRYPTOLOGIC RESEARCH 
GRANTS; CRYPTOLOGIC PROCUREMENT; MISUSE OF AGENCY NAME 
SEC. 603. The National Security Agency Act of 1959 is amended by 
adding at the end thereof the following new sections: 
"SEC. 12. (aXD 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 provi-
sions of 
section 3132(aX2) 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; 
PUBLIC LAW 97-89—DEC. 4, 1981 
95 STAT. 1157 
"(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 proce-
dures 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 Ciyptologic 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, ma;^ 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 Cr3rptologic 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 Grovemment agency. Any such member shall not 
by reason of such detail or assignment lose any entitlement or status 
associated with membership in the Senior Crsrptologic Executive 
Service. 
"(5) The Director of the National Security Agency 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 executive personnel 
in the National Security Agency. The report shall include— 
"(A) the total number of positions added to or deleted from the 
Senior Crjrptologic 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 Crjrptologic Executive Service during the 
preceding fiscal year; and 
"(D) the number of individuals removed from the Senior 
Crjrptologic Executive Service during the preceding fiscal year 
for less than fully successful performance. 
5 use 3592. 
Performance 
awards. 
Sabbatical 
leaves. 
Report to 
congressional 
committees. 
95 STAT. 1158 
PUBLIC LAW 97-89—DEC. 4, 1981 
Merit pay 
system. 
5 use 5312. 
Grants. 
50 use 402 note. 
41 use 505. 
50 use 402 note. 
50 use 402 note. 
eivil proceeding. 
"(b) The Secretary of Defense (or his designee) may by regulation 
estabHsh a merit pay system for such employees of the National 
Security Agency as the Secretary of Defense (or his designee) con-
siders 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 aggre-
gate amount payable to a member of the Senior Cryptologic Execu-
tive 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) The Director of the National Security Agency may 
make grants to private individuals and institutions for the conduct of 
cryptologic research. An appUcation 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 Govern-
ment other than an element of the Department of Defense that have 
been specifically appropriated for the purchase of crjrptologic equip-
ment, materials, or services with respect to which the National 
Security Agency has been designated as the central source of procure-
ment 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 calcu-
lated 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 Vn—DEFENSE INTELLIGENCE AGENCY PERSONNEL 
PROVISIONS 
DEFENSE INTELUGENCE SENIOR EXECUTIVE SERVICE; MERIT PAY SYSTEM 
SEC. 701. (aXD Part II subtitle A of title 10, United States Code, is 
amended by adding at the end thereof the following new chapter: 
PUBLIC LAW 97-89—DEC. 4, 1981 
95 STAT. 1159 
"Chapter 83-DEFENSE INTELLIGENCE AGENCY CIVILIAN 
PERSONNEL 
"Sec. 
"1601. Defense Intelligence Senior Executive Service. 
"1602. Defense Intelligence Agency merit pay system. 
"1603. Limit on pay. 
Establishment. 
10 use 1601. 
5 use 4311. 
"§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 ^ency to be known as the Defense Intelligence Senior 
Executive Service. The regulations establishing the Defense Intelli-
gence 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(aX2) 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 provi-
sions 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 pajrment of performance awards to members of 
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 
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 Execu-
tive Service any of the provisions of title 5 applicable to appli- 5 use loi 
cants 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. 
Performance 
awards. 
Sabbatical 
leaves. 
89-194 O—82 
75:QL3 
95 STAT. 1160 
PUBLIC LAW 97-89—DEC. 4, 1981 
Personnel detail. 
Report to 
congressional 
committees. 
10 use 1602. 
10 use 1603. 
5 use 5312 
10 use 1601 
note. 
"(d) 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 reeison 
of such detail or assignment lose any entitlement or status associated 
with membership in the Defense Intelligence Senior Executive 
Service. 
"(e) The Secretary of Defense shall each year submit to the 
Permanent Select Committee on Intelligence of the House of Repre-
sentatives 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 preced-
ing 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. 
"§ 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. 
"§1603. 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.". 
(2) 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: 
"83. Defense Intelligence Agency CivUian Personnel 
1601". 
(b) 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. 
ikiw 5V-
PUBLIC LAW 97-89—DEC. 4, 1981 
95 STAT. 1161 
TITLE Vra—PROVISIONS APPLICABLE TO MORE THAN ONE 
AGENCY AND EFFECTIVE DATE 
EXCLUSION FROM VETERANS PREFERENCE PROVISIONS 
SEC. 801. 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". 
ACCUMULATION OF ANNUAL LEAVE NOT SUBJECT TO UMITATION 
SEC. 802. 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.". 
EARLY RETIREMENT 
SEC. 808. 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 Mly 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.". 
INCREASES IN EMPLOYEE BENEFITS AUTHORIZED BY LAW 
SEC. 804. 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. 
95 STAT. 1162 
PUBLIC LAW 97-89—DEC. 4, 1981 
RESTRICTION ON CONDUCT OF INTELUGENCE ACTIVITIES 
SEC. 805. 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. 
EFFECTIVE DATE 
1
0 use 1601 
SEC. 806. 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. 
LEGISLATIVE HISTORY—H.R. 3454 (S. 1127): 
HOUSE REPORTS: No. 97-101 Pt. 1 (Permanent Select Comm. on Intelligence), Pt. 2 
(Comm. on Armed Services) and No. 97-332 (Comm. of Confer-
ence). 
SENATE REPORTS: No. 97-57 (Select Comm. on Intelligence) and No. 97-148 
(Comms. on Armed Services, Governmental Affairs and the 
Judiciary) accompanying S. 1127. 
CONGRESSIONAL RECORD, Vol. 127 (1981): 
July 13, considered and passed House. 
July 16, considered and passed Senate, amended, in lieu of S. 1127. 
Nov. 18, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 17, No. 49 (1981): 
Dec. 4, Presidential statement.