Union Calendar No. 285

104TH CONGRESS

2D SESSION H. R. 3259

[Report No. 104–578, Part I]

A BILL

To authorize appropriations for fiscal year 1997 for

tem, and for other purposes.ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Communityintelligence and intelligence-related activities of

MAY 16, 1996

Committee on National Security discharged; committed

the Union and ordered to be printedto the Committee of the Whole House on the State of
IB

Union Calendar No. 285

104TH CONGRESS

2D SESSION H. R. 3259

[Report No. 104–578, Part I]

To authorize appropriations for fiscal year 1997 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 17, 1996

Mr. COMBEST introduced the following bill; which was referred to the

Permanent Select Committee on Intelligence

MAY 15, 1996

Reported from the Permanent Select Committee on Intelligence with an

amendment and referred to the Committee on National Security for a period ending not later than May 16, 1996, for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that

committee pursuant to clause 1(k), rule X.

[Strike out all after the enacting clause and insert the part printed in italic]

MAY 16, 1996

Committee on National Security discharged; committed to the Committee of

the Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on April 17, 1996]

A BILL

To authorize appropriations for fiscal year 1997 for intelligence and intelligence-related activities of the United

States Government, the Community Management Ac-
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count, and the Central Intelligence Agency Retirement

and Disability System, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Intelligence Authoriza5 tion Act for Fiscal Year 1997’’.

6 TITLE I—INTELLIGENCE

7 ACTIVITIES

8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

9 Funds are hereby authorized to be appropriated for fis10 cal year 1997 for the conduct of the intelligence and intel11 ligence-related activities of the following elements of the

12 United States Government:

13 (1) The Central Intelligence Agency.

14 (2) The Department of Defense.

15 (3) The Defense Intelligence Agency.

16 (4) The National Security Agency.

17 (5) The Department of the Army, the Depart18 ment of the Navy, and the Department of the Air

19 Force.

20 (6) The Department of State.

21 (7) The Department of the Treasury.

22 (8) The Department of Energy.

23 (9) The Federal Bureau of Investigation.

24 (10) The Drug Enforcement Administration.
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1 (11) The National Reconnaissance Office.

2 (12) The Central Imagery Office.

3 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

4 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

5 CEILINGS.—The amounts authorized to be appropriated

6 under section 101, and the authorized personnel ceilings as

7 of September 30, 1997, for the conduct of the intelligence

8 and intelligence-related activities of the elements listed in

9 such section, are those specified in the Classified Schedule

10 of Authorizations prepared to accompany the bill H.R. 3259

11 of the 104th Congress.

12 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU13 THORIZATIONS.—The Schedule of Authorizations shall be

14 made available to the Committees on Appropriations of the

15 Senate and House of Representatives and to the President.

16 The President shall provide for suitable distribution of the

17 Schedule, or of appropriate portions of the Schedule, within

18 the executive branch.

19 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

20 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap21 proval of the Director of the Office of Management and

22 Budget, the Director of Central Intelligence may authorize

23 employment of civilian personnel in excess of the number

24 authorized for fiscal year 1997 under section 102 when the

25 Director of Central Intelligence determines that such action
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1 is necessary to the performance of important intelligence

2 functions, except that the number of personnel employed in

3 excess of the number authorized under such section may not,

4 for any element of the intelligence community, exceed two

5 percent of the number of civilian personnel authorized

6 under such section for such element.

7 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di8 rector of Central Intelligence shall promptly notify the Per9 manent Select Committee on Intelligence of the House of

10 Representatives and the Select Committee on Intelligence of

11 the Senate whenever he exercises the authority granted by

12 this section.

13 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated for the Intelligence Commu16 nity Management Account of the Director of Central Intel17 ligence for fiscal year 1997 the sum of $93,616,000. Within

18 such amounts authorized, funds identified in the classified

19 Schedule of Authorizations referred to in section 102(a) for

20 the Advanced Research and Development Committee shall

21 remain available until September 30, 1998.

22 (b) AUTHORIZED PERSONNEL LEVELS.—The Commu23 nity Management Staff of the Director of Central Intel24 ligence is authorized 273 full-time personnel as of Septem25 ber 30, 1997. Such personnel of the Community Manage-
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1 ment Staff may be permanent employees of the Community

2 Management Staff or personnel detailed from other elements

3 of the United States Government.

4 (c) REIMBURSEMENT.—During fiscal year 1997, any

5 officer or employee of the United States or a member of the

6 Armed Forces who is detailed to the Community Manage7 ment Staff from another element of the United States Gov8 ernment shall be detailed on a reimbursable basis, except

9 that any such officer, employee or member may be detailed

10 on a nonreimbursable basis for a period of less than one

11 year for the performance of temporary functions as required

12 by the Director of Central Intelligence.

13 (d) DECLASSIFICATION.—In addition to amounts oth14 erwise authorized to be appropriated by this Act, there is

15 authorized to be appropriated $25,000,000 for the National

16 Foreign Intelligence Program for the purposes of carrying

17 out the provisions of section 3.4 of Executive Order 12958,

18 dated April 17, 1995.

19 (e) NATIONAL DRUG INTELLIGENCE CENTER.—In ad20 dition to amounts otherwise authorized to be appropriated

21 by this Act, there is authorized to be appropriated

22 $32,076,000 for the National Drug Intelligence Center lo23 cated in Johnstown, Pennsylvania. Amounts appropriated

24 for such center may not be used in contravention of the pro25 visions of section 103(d)(1) of the National Security Act
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1 of 1947 (50 U.S.C. 403–3(d)(1)). The National Drug Intel2 ligence Center is authorized 35 full-time personnel as of

3 September 30, 1997.

4 (f) ENVIRONMENTAL PROGRAMS.—In addition to

5 amounts otherwise authorized to be appropriated by this

6 Act, there is authorized to be appropriated $6,000,000 for

7 the Environmental Intelligence and Applications Program,

8 formerly known as the Environmental Task Force, to re9 main available until September 30, 1998.

10 TITLE II—CENTRAL INTEL11 LIGENCE AGENCY RETIRE12 MENT AND DISABILITY SYS13 TEM

14 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

15 There is authorized to be appropriated for the Central

16 Intelligence Agency Retirement and Disability Fund for fis17 cal year 1997 the sum of $194,400,000.

18 TITLE III—GENERAL

19 PROVISIONS

20 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

21 BENEFITS AUTHORIZED BY LAW.

22 Appropriations authorized by this Act for salary, pay,

23 retirement, and other benefits for Federal employees may

24 be increased by such additional or supplemental amounts
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1 as may be necessary for increases in such compensation or

2 benefits authorized by law.

3 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

4 ACTIVITIES.

5 The authorization of appropriations by this Act shall

6 not be deemed to constitute authority for the conduct of any

7 intelligence activity which is not otherwise authorized by

8 the Constitution or the laws of the United States.

9 SEC. 303. LIMITATION ON AVAILABILITY OF FUNDS FOR

10 AUTOMATIC DECLASSIFICATION OF RECORDS

11 OVER 25 YEARS OLD.

12 Section 307 of the Intelligence Authorization Act for

13 Fiscal Year 1996 (109 Stat. 966) is amended by striking

14 out ‘‘fiscal year 1996 by this Act’’ in subsection (a) and

15 inserting in lieu thereof ‘‘any of the fiscal years 1996

16 through 2000’’.

17 SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTEL18 LIGENCE ACTIVITIES.

19 (a) EXTENSION.—Section 905 of the National Security

20 Act of 1947 (50 U.S.C. 441d) is amended by striking out

21 ‘‘on the date which is one year after the date of the enact22 ment of this title’’ and inserting in lieu thereof ‘‘on Janu23 ary 6, 1998’’.

24 (b) FORMAT AMENDMENTS.—Section 904 of such Act

25 (50 U.S.C. 441c) is amended by striking out ‘‘required to
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1 be imposed by’’ and all that follows and inserting in lieu

2 thereof ‘‘required to be imposed by any of the following pro3 visions of law:

4 ‘‘(1) The Chemical and Biological Weapons Con5 trol and Warfare Elimination Act of 1991 (title III

6 of Public Law 102–182).

7 ‘‘(2) The Nuclear Proliferation Prevention Act of

8 1994 (title VIII of Public Law 103–236).

9 ‘‘(3) Section 11B of the Export Administration

10 Act of 1979 (50 U.S.C. App. 2410b).

11 ‘‘(4) Chapter 7 of the Arms Export Control Act

12 (22 U.S.C. 2797 et seq.).

13 ‘‘(5) The Iran-Iraq Arms Non-Proliferation Act

14 of 1992 (title XVI of Public Law 102–484).

15 ‘‘(6) The following provisions of annual appro16 priations Acts:

17 ‘‘(A) Section 573 of the Foreign Operations,

18 Export Financing, and Related Programs Ap19 propriations Act, 1994 (Public Law 103–87; 107

20 Stat. 972).

21 ‘‘(B) Section 563 of the Foreign Operations,

22 Export Financing, and Related Programs Ap23 propriations Act, 1995 (Public Law 103–306;

24 108 Stat. 1649).
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1 ‘‘(C) Section 552 of the Foreign Operations,

2 Export Financing, and Related Programs Ap3 propriations Act, 1996 (Public Law 104–107;

4 110 Stat. 741).

5 ‘‘(7) Comparable provisions.’’.

6 SEC. 305. EXPEDITED NATURALIZATION.

7 (a) IN GENERAL.—With the approval of the Director

8 of Central Intelligence, the Attorney General, and the Com9 missioner of Immigration and Naturalization, an appli10 cant described in subsection (b) and otherwise eligible for

11 naturalization may be naturalized without regard to the

12 residence and physical presence requirements of section

13 316(a) of the Immigration and Nationality Act, or to the

14 prohibitions of section 313 of such Act, and no residence

15 within a particular State or district of the Immigration

16 and Naturalization Service in the United States shall be

17 required: Provided, That the applicant has resided continu18 ously, after being lawfully admitted for permanent resi19 dence, within the United States for at least one year prior

20 to naturalization: Provided further, That the provisions of

21 this section shall not apply to any alien described in sub22 paragraphs (A) through (D) of section 243(h)(2) of such

23 Act.

24 (b) ELIGIBLE APPLICANT.—An applicant eligible for

25 naturalization under this section is the spouse or child of
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1 a deceased alien whose death resulted from the intentional

2 and unauthorized disclosure of classified information re3 garding the alien’s participation in the conduct of United

4 States intelligence activities.

5 (c) ADMINISTRATION OF OATH.—An applicant for nat6 uralization under this section may be administered the oath

7 of allegiance under section 337(a) of the Immigration and

8 Nationality Act by the Attorney General or any district

9 court of the United States, without regard to the residence

10 of the applicant. Proceedings under this subsection shall be

11 conducted in a manner consistent with the protection of in12 telligence sources, methods, and activities.

13 (d) DEFINITIONS.—For purposes of this section—

14 (1) the term ‘‘child’’ means a child as defined in

15 subparagraphs (A) through (E) of section 101(b)(1) of

16 the Immigration and Nationality Act, without regard

17 to age or marital status; and

18 (2) the term ‘‘spouse’’ means the wife or husband

19 of a deceased alien referred to in subsection (b) who

20 was married to such alien during the time the alien

21 participated in the conduct of United States intel22 ligence activities.
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1 TITLE IV—CENTRAL

2 INTELLIGENCE AGENCY

3 SEC. 401. MULTIYEAR LEASING AUTHORITY.

4 Section 5(e) of the Central Intelligence Agency Act of

5 1949 (50 U.S.C. 403f(e)) is amended to read as follows:

6 ‘‘(e) Make alterations, improvements, and repairs on

7 premises rented by the Agency and, for the purpose of fur8 thering the cost-efficient acquisition of Agency facilities,

9 enter into multiyear leases for up to 15 years that are not

10 otherwise authorized pursuant to section 8 of this Act; and’’.

11 SEC. 402. REPEAL OF ADDITIONAL SURCHARGE RELATING

12 TO EMPLOYEES WHO RETIRE OR RESIGN IN

13 FISCAL YEARS 1998 OR 1999 AND WHO RE14 CEIVE VOLUNTARY SEPARATION INCENTIVE

15 PAYMENTS.

16 Section 2 of the Central Intelligence Agency Voluntary

17 Separation Pay Act (50 U.S.C. 403–4 note) is amended by

18 striking out subsection (i).

19 SEC. 403. IMPLEMENTATION OF INTELLIGENCE COMMU20 NITY PERSONNEL REFORMS.

21 None of the amounts authorized to be appropriated by

22 this Act may be used to implement any Intelligence Com23 munity personnel reform until the Permanent Select Com24 mittee on Intelligence of the House of Representatives and
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1 the Select Committee on Intelligence of the Senate are fully

2 briefed on such personnel reform.

3 TITLE V—DEPARTMENT OF DE4 FENSE INTELLIGENCE ACTIVI5 TIES

6 SEC. 501. STANDARDIZATION FOR CERTAIN DEPARTMENT

7 OF DEFENSE INTELLIGENCE AGENCIES OF

8 EXEMPTIONS FROM DISCLOSURE OF ORGANI9 ZATIONAL AND PERSONNEL INFORMATION.

10 (a) CONSOLIDATION AND STANDARDIZATION.—Chap11 ter 21 of title 10, United States Code, is amended by strik12 ing out sections 424 and 425 and inserting in lieu thereof

13 the following:

14 ‘‘§ 424. Disclosure of organizational and personnel in15 formation: exemption for the Defense In16 telligence Agency and National Recon17 naissance Office

18 ‘‘(a) EXEMPTION FROM DISCLOSURE.—Except as re19 quired by the President or as provided in subsection (b),

20 no provision of law shall be construed to require the disclo21 sure of—

22 ‘‘(1) the organization or any function of the De23 fense Intelligence Agency or the National Reconnais24 sance Office; or
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1 ‘‘(2) the number of persons employed by or as2 signed or detailed to that Agency or Office or the

3 name, official title, occupational series, grade, or sal4 ary of any such person.

5 ‘‘(b) PROVISION OF INFORMATION TO CONGRESS.—

6 Subsection (a) does not apply with respect to the provision

7 of information to Congress.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections at

9 the beginning of subchapter I of such chapter is amended

10 by striking out the items relating to sections 424 and 425

11 and inserting in lieu thereof the following:

‘‘424. Disclosure of organizational and personnel information: exemption for the

Defense Intelligence Agency and National Reconnaissance

Office.’’.