Calendar No. 420

104TH CONGRESS

2D SESSION H. R. 3259

AN ACT

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 23, 1996

Received; read twice and placed on the calendar
II

Calendar No. 420

104TH CONGRESS

2D SESSION H. R. 3259

IN THE SENATE OF THE UNITED STATES

MAY 23, 1996

Received; read twice and placed on the calendar

AN ACT

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.
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Intelligence Authoriza3 tion Act for Fiscal Year 1997’’.

4 TITLE I—INTELLIGENCE

5 ACTIVITIES

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 1997 for the conduct of the intelligence and

9 intelligence-related activities of the following elements of

10 the United States Government:

11 (1) The Central Intelligence Agency.

12 (2) The Department of Defense.

13 (3) The Defense Intelligence Agency.

14 (4) The National Security Agency.

15 (5) The Department of the Army, the Depart16 ment of the Navy, and the Department of the Air

17 Force.

18 (6) The Department of State.

19 (7) The Department of the Treasury.

20 (8) The Department of Energy.

21 (9) The Federal Bureau of Investigation.

22 (10) The Drug Enforcement Administration.

23 (11) The National Reconnaissance Office.

24 (12) The Central Imagery Office.
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1 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

2 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

3 CEILINGS.—The amounts authorized to be appropriated

4 under section 101, and the authorized personnel ceilings

5 as of September 30, 1997, for the conduct of the intel6 ligence and intelligence-related activities of the elements

7 listed in such section, are those specified in the Classified

8 Schedule of Authorizations prepared to accompany the bill

9 H.R. 3259 of the 104th Congress.

10 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU11 THORIZATIONS.—The Schedule of Authorizations shall be

12 made available to the Committees on Appropriations of

13 the Senate and House of Representatives and to the Presi14 dent. The President shall provide for suitable distribution

15 of the Schedule, or of appropriate portions of the Sched16 ule, within the executive branch.

17 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

18 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap19 proval of the Director of the Office of Management and

20 Budget, the Director of Central Intelligence may authorize

21 employment of civilian personnel in excess of the number

22 authorized for fiscal year 1997 under section 102 when

23 the Director of Central Intelligence determines that such

24 action is necessary to the performance of important intel25 ligence functions, except that the number of personnel em26 ployed in excess of the number authorized under such sec-
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1 tion may not, for any element of the intelligence commu2 nity, exceed two percent of the number of civilian person3 nel authorized under such section for such element.

4 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

5 Director of Central Intelligence shall promptly notify the

6 Permanent Select Committee on Intelligence of the House

7 of Representatives and the Select Committee on Intel8 ligence of the Senate whenever he exercises the authority

9 granted by this section.

10 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated for the Intelligence Commu13 nity Management Account of the Director of Central Intel14 ligence for fiscal year 1997 the sum of $93,616,000. With15 in such amounts authorized, funds identified in the classi16 fied Schedule of Authorizations referred to in section

17 102(a) for the Advanced Research and Development Com18 mittee shall remain available until September 30, 1998.

19 (b) AUTHORIZED PERSONNEL LEVELS.—The Com20 munity Management Staff of the Director of Central Intel21 ligence is authorized 273 full-time personnel as of Septem22 ber 30, 1997. Such personnel of the Community Manage23 ment Staff may be permanent employees of the Commu24 nity Management Staff or personnel detailed from other

25 elements of the United States Government.
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1 (c) REIMBURSEMENT.—During fiscal year 1997, any

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

3 the Armed Forces who is detailed to the Community Man4 agement Staff from another element of the United States

5 Government shall be detailed on a reimbursable basis, ex6 cept that any such officer, employee or member may be

7 detailed on a nonreimbursable basis for a period of less

8 than one year for the performance of temporary functions

9 as required by the Director of Central Intelligence.

10 (d) DECLASSIFICATION.—In addition to amounts

11 otherwise authorized to be appropriated by this Act, there

12 is authorized to be appropriated $12,500,000 for the Na13 tional Foreign Intelligence Program for the purposes of

14 carrying out the provisions of section 3.4 of Executive

15 Order 12958, dated April 17, 1995.

16 (e) NATIONAL DRUG INTELLIGENCE CENTER.—In

17 addition to amounts otherwise authorized to be appro18 priated by this Act, there is authorized to be appropriated

19 $32,076,000 for the National Drug Intelligence Center lo20 cated in Johnstown, Pennsylvania. Amounts appropriated

21 for such center may not be used in contravention of the

22 provisions of section 103(d)(1) of the National Security

23 Act of 1947 (50 U.S.C. 403–3(d)(1)). The National Drug

24 Intelligence Center is authorized 35 full-time personnel as

25 of September 30, 1997.
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1 (f) ENVIRONMENTAL PROGRAMS.—In addition to

2 amounts otherwise authorized to be appropriated by this

3 Act, there is authorized to be appropriated $18,500,000

4 for the Environmental Intelligence and Applications Pro5 gram, formerly known as the Environmental Task Force,

6 to remain available until September 30, 1998.

7 TITLE II—CENTRAL INTEL8 LIGENCE AGENCY RETIRE9 MENT AND DISABILITY SYS10 TEM

11 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

12 There is authorized to be appropriated for the

13 Central Intelligence Agency Retirement and Disability

14 Fund for fiscal year 1997 the sum of $194,400,000.

15 TITLE III—GENERAL

16 PROVISIONS

17 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

18 BENEFITS AUTHORIZED BY LAW.

19 Appropriations authorized by this Act for salary, pay,

20 retirement, and other benefits for Federal employees may

21 be increased by such additional or supplemental amounts

22 as may be necessary for increases in such compensation

23 or benefits authorized by law.
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1 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

2 ACTIVITIES.

3 The authorization of appropriations by this Act shall

4 not be deemed to constitute authority for the conduct of

5 any intelligence activity which is not otherwise authorized

6 by the Constitution or the laws of the United States.

7 SEC. 303. LIMITATION ON AVAILABILITY OF FUNDS FOR

8 AUTOMATIC DECLASSIFICATION OF

9 RECORDS OVER 25 YEARS OLD.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—Section

11 307 of the Intelligence Authorization Act for Fiscal Year

12 1996 (109 Stat. 966) is amended by striking out ‘‘fiscal

13 year 1996 by this Act’’ in subsection (a) and inserting

14 in lieu thereof ‘‘any of the fiscal years 1996 through

15 2000’’.

16 (b) TRANSFERS.—The second sentence of section

17 307(a) of the Intelligence Authorization Act for Fiscal

18 Year 1996 is amended to read as follows: ‘‘Within the

19 amount authorized to be used by this section, the Director,

20 consistent with his duty to protect intelligence sources and

21 methods, may transfer such amounts to the agencies with22 in the National Foreign Intelligence Program for the pur23 pose of automatic declassification of records over 25 years

24 old.’’.
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1 SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTEL2 LIGENCE ACTIVITIES.

3 (a) EXTENSION.—Section 905 of the National Secu4 rity Act of 1947 (50 U.S.C. 441d) is amended by striking

5 out ‘‘on the date which is one year after the date of the

6 enactment of this title’’ and inserting in lieu thereof ‘‘on

7 January 6, 1998’’.

8 (b) FORMAT AMENDMENTS.—Section 904 of such

9 Act (50 U.S.C. 441c) is amended by striking out ‘‘re10 quired to be imposed by’’ and all that follows and inserting

11 in lieu thereof ‘‘required to be imposed by any of the fol12 lowing provisions of law:

13 ‘‘(1) The Chemical and Biological Weapons

14 Control and Warfare Elimination Act of 1991 (title

15 III of Public Law 102–182).

16 ‘‘(2) The Nuclear Proliferation Prevention Act

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

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

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

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

21 (22 U.S.C. 2797 et seq.).

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

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

24 ‘‘(6) The following provisions of annual appro25 priations Acts:
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1 ‘‘(A) Section 573 of the Foreign Oper2 ations, Export Financing, and Related Pro3 grams Appropriations Act, 1994 (Public Law

4 103–87; 107 Stat. 972).

5 ‘‘(B) Section 563 of the Foreign Oper6 ations, Export Financing, and Related Pro7 grams Appropriations Act, 1995 (Public Law

8 103–306; 108 Stat. 1649).

9 ‘‘(C) Section 552 of the Foreign Oper10 ations, Export Financing, and Related Pro11 grams Appropriations Act, 1996 (Public Law

12 104–107; 110 Stat. 741).

13 ‘‘(7) Comparable provisions.’’.

14 SEC. 305. EXPEDITED NATURALIZATION.

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

16 of Central Intelligence, the Attorney General, and the

17 Commissioner of Immigration and Naturalization, an ap18 plicant described in subsection (b) and otherwise eligible

19 for naturalization may be naturalized without regard to

20 the residence and physical presence requirements of sec21 tion 316(a) of the Immigration and Nationality Act, or

22 to the prohibitions of section 313 of such Act, and no resi23 dence within a particular State or district of the Immigra24 tion and Naturalization Service in the United States shall

25 be required: Provided, That the applicant has resided con-
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1 tinuously, after being lawfully admitted for permanent res2 idence, within the United States for at least one year prior

3 to naturalization: Provided further, That the provisions of

4 this section shall not apply to any alien described in sub5 paragraphs (A) through (D) of section 243(h)(2) of such

6 Act.

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

8 naturalization under this section is the spouse or child of

9 a deceased alien whose death resulted from the intentional

10 and unauthorized disclosure of classified information re11 garding the alien’s participation in the conduct of United

12 States intelligence activities.

13 (c) ADMINISTRATION OF OATH.—An applicant for

14 naturalization under this section may be administered the

15 oath of allegiance under section 337(a) of the Immigration

16 and Nationality Act by the Attorney General or any dis17 trict court of the United States, without regard to the resi18 dence of the applicant. Proceedings under this subsection

19 shall be conducted in a manner consistent with the protec20 tion of intelligence sources, methods, and activities.

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

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

23 in subparagraphs (A) through (E) of section

24 101(b)(1) of the Immigration and Nationality Act,

25 without regard to age or marital status; and
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1 (2) the term ‘‘spouse’’ means the wife or hus2 band of a deceased alien referred to in subsection

3 (b) who was married to such alien during the time

4 the alien participated in the conduct of United

5 States intelligence activities.

6 SEC. 306. SEEKING ENFORCEMENT OF THE REQUIREMENT

7 TO PROTECT THE IDENTITIES OF UNDER8 COVER INTELLIGENCE OFFICERS, AGENTS,

9 INFORMANTS, AND SOURCES.

10 It is the sense of the Congress that title VI of the

11 National Security Act of 1947 (50 U.S.C. 421 et seq.)

12 (relating to protection of the identities of undercover intel13 ligence officers, agents, informants, and sources) should

14 be enforced by the appropriate law enforcement agencies.

15 SEC. 307. COMPLIANCE WITH BUY AMERICAN ACT.

16 No funds appropriated pursuant to this Act may be

17 expended by an entity unless the entity agrees that in ex18 pending the assistance the entity will comply with sections

19 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

20 10c, popularly known as the ‘‘Buy American Act’’).

21 SEC. 308. SENSE OF CONGRESS; REQUIREMENT REGARD22 ING NOTICE.

23 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

24 AND PRODUCTS.—In the case of any equipment or prod25 ucts that may be authorized to be purchased with financial
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1 assistance provided under this Act, it is the sense of the

2 Congress that entities receiving such assistance should, in

3 expending the assistance, purchase only American-made

4 equipment and products.

5 (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

6 providing financial assistance under this Act, the head of

7 the appropriate element of the Intelligence Community

8 shall provide to each recipient of the assistance a notice

9 describing the statement made in subsection (a) by the

10 Congress.

11 SEC. 309. PROHIBITION OF CONTRACTS.

12 If it has been finally determined by a court or Federal

13 agency that any person intentionally affixed a fraudulent

14 label bearing a ‘‘Made in America’’ inscription, or any in15 scription with the same meaning, to any product sold in

16 or shipped to the United States that was not made in the

17 United States, such person shall be ineligible to receive

18 any contract or subcontract made with funds provided

19 pursuant to this Act, pursuant to the debarment, suspen20 sion, and ineligibility procedures described in sections

21 9.400 through 9.409 of title 48, Code of Federal Regula22 tions.
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1 SEC. 310. RESTRICTIONS ON INTELLIGENCE SHARING WITH

2 THE UNITED NATIONS.

3 (a) IN GENERAL.—The National Security Act of

4 1947 (50 U.S.C. 401 et seq.) is amended by adding at

5 the end of title I the following new section:

6 ‘‘RESTRICTIONS ON INTELLIGENCE SHARING WITH THE

7 UNITED NATIONS

8 ‘‘SEC. 110. (a) PROVISION OF INTELLIGENCE INFOR9 MATION TO THE UNITED NATIONS.—(1) No United

10 States intelligence information may be provided to the

11 United Nations or any organization affiliated with the

12 United Nations, or to any officials or employees thereof,

13 unless the President certifies to the appropriate commit14 tees of Congress that the Director of Central Intelligence,

15 in consultation with the Secretary of State and the Sec16 retary of Defense, has established and implemented proce17 dures, and has worked with the United Nations to ensure

18 implementation of procedures, for protecting from unau19 thorized disclosure United States intelligence sources and

20 methods connected to such information.

21 ‘‘(2) Paragraph (1) may be waived upon written cer22 tification by the President to the appropriate committees

23 of Congress that providing such information to the United

24 Nations or an organization affiliated with the United Na25 tions, or to any officials or employees thereof, is in the

26 national security interests of the United States.
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1 ‘‘(b) PERIODIC AND SPECIAL REPORTS.—(1) The

2 President shall report semiannually to the appropriate

3 committees of Congress on the types and volume of intel4 ligence provided to the United Nations and the purposes

5 for which it was provided during the period covered by

6 the report. The President shall also report to the appro7 priate committees of Congress within 15 days after it has

8 become known to the United States Government that

9 there has been an unauthorized disclosure of intelligence

10 provided by the United States to the United Nations.

11 ‘‘(2) The requirement for periodic reports under the

12 first sentence of paragraph (1) shall not apply to the pro13 vision of intelligence that is provided only to, and for the

14 use of, appropriately cleared United States Government

15 personnel serving with the United Nations.

16 ‘‘(c) DELEGATION OF DUTIES.—The President may

17 not delegate or assign the duties of the President under

18 this section.

19 ‘‘(d) RELATIONSHIP TO EXISTING LAW.—Nothing in

20 this section shall be construed to—

21 ‘‘(1) impair or otherwise affect the authority of

22 the Director of Central Intelligence to protect intel23 ligence sources and methods from unauthorized dis24 closure pursuant to section 103(c)(5); or
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1 ‘‘(2) supersede or otherwise affect the provi2 sions of title V.

3 ‘‘(e) DEFINITION.—As used in this section, the term

4 ‘appropriate committees of Congress’ means the Commit5 tee on Foreign Relations and the Select Committee on In6 telligence of the Senate and the Committee on Foreign

7 Relations and the Permanent Select Committee on Intel8 ligence of the House of Representatives.’’.

9 (b) CLERICAL AMENDMENT.—The table of contents

10 for the National Security Act of 1947 is amended by in11 serting after the item relating to section 109 the following:

‘‘Sec. 110. Restrictions on intelligence sharing with the United Nations.’’.

12 SEC. 311. PROHIBITION ON USING JOURNALISTS AS

13 AGENTS OR ASSETS.

14 (a) POLICY.—It is the policy of the United States

15 that an element of the Intelligence Community may not

16 use as an agent or asset for the purposes of collecting in17 telligence any individual who—

18 (1) is authorized by contract or by the issuance

19 of press credentials to represent himself or herself,

20 either in the United States or abroad, as a cor21 respondent of a United States news media organiza22 tion; or

23 (2) is officially recognized by a foreign govern24 ment as a representative of a United States media

25 organization.
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1 (b) WAIVER.—The President may waive subsection

2 (a) in the case of an individual if the President certifies

3 in writing that the waiver is necessary to address the over4 riding national security interest of the United States. The

5 certification shall be made to the Permanent Select Com6 mittee on Intelligence of the House of Representatives and

7 the Select Committee on Intelligence of the Senate.

8 (c) VOLUNTARY COOPERATION.—Subsection (a) shall

9 not be construed to prohibit the voluntary cooperation of

10 any person who is aware that the cooperation is being pro11 vided to an element of the United States Intelligence Com12 munity.

13 TITLE IV—CENTRAL

14 INTELLIGENCE AGENCY

15 SEC. 401. MULTIYEAR LEASING AUTHORITY.

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

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

18 ‘‘(e) Subject to such amounts as may be provided in

19 advance in appropriations Acts, make alterations, im20 provements, and repairs on premises rented by the Agency

21 and, for the purpose of furthering the cost-efficient acqui22 sition of Agency facilities, enter into multiyear leases for

23 up to 15 years that are not otherwise authorized pursuant

24 to section 8 of this Act; and’’.
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1 SEC. 402. ELIMINATION OF DOUBLE SURCHARGE ON THE

2 CENTRAL INTELLIGENCE AGENCY RELATING

3 TO EMPLOYEES WHO RETIRE OR RESIGN IN

4 FISCAL YEARS 1998 OR 1999 AND WHO RE5 CEIVE VOLUNTARY SEPARATION INCENTIVE

6 PAYMENTS.

7 Section 2(i) of the Central Intelligence Agency Vol8 untary Separation Pay Act (50 U.S.C. 403–4 note) is

9 amended by adding at the end the following new sentence:

10 ‘‘The remittance required by this subsection shall be in

11 lieu of any remittance required by section 4(a) of the Fed12 eral Workforce Restructuring Act of 1994 (5 U.S.C. 8331

13 note).’’.

14 SEC. 403. IMPLEMENTATION OF INTELLIGENCE COMMU15 NITY PERSONNEL REFORMS.

16 None of the amounts authorized to be appropriated

17 by this Act may be used to implement any Intelligence

18 Community personnel reform until the Permanent Select

19 Committee on Intelligence of the House of Representatives

20 and the Select Committee on Intelligence of the Senate

21 are fully briefed on such personnel reform.
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1 TITLE V—DEPARTMENT OF DE2 FENSE INTELLIGENCE AC3 TIVITIES

4 SEC. 501. STANDARDIZATION FOR CERTAIN DEPARTMENT

5 OF DEFENSE INTELLIGENCE AGENCIES OF

6 EXEMPTIONS FROM DISCLOSURE OF ORGANI7 ZATIONAL AND PERSONNEL INFORMATION.

8 (a) CONSOLIDATION AND STANDARDIZATION.—

9 Chapter 21 of title 10, United States Code, is amended

10 by striking out sections 424 and 425 and inserting in lieu

11 thereof the following:

12 ‘‘§ 424. Disclosure of organizational and personnel in13 formation: exemption for the Defense In14 telligence Agency and National Recon15 naissance Office

16 ‘‘(a) EXEMPTION FROM DISCLOSURE.—Except as re17 quired by the President or as provided in subsection (b),

18 no provision of law shall be construed to require the disclo19 sure of—

20 ‘‘(1) the organization or any function of the De21 fense Intelligence Agency or the National Reconnais22 sance Office; or

23 ‘‘(2) the number of persons employed by or as24 signed or detailed to that Agency or Office or the
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1 name, official title, occupational series, grade, or sal2 ary of any such person.

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

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

5 of information to Congress.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of subchapter I of such chapter is amend8 ed by striking out the items relating to sections 424 and

9 425 and inserting in lieu thereof the following:

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

Defense Intelligence Agency and National Reconnaissance

Office.’’.

10 SEC. 502. TIER III MINUS UNMANNED AERIAL VEHICLE.

11 In addition to the amounts authorized to be appro12 priated by title I, there is authorized to be appropriated

13 an additional $22,000,000 for the tier III minus un14 manned aerial vehicle. The Secretary of Defense may not

15 obligate or expend any of these funds until after the Sec16 retary submits to the Permanent Select Committee on In17 telligence of the House of Representatives and the Select

18 Committee on Intelligence of the Senate a detailed cost

19 analysis and report on specifically how these funds will

20 be used.
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1 TITLE VI—MISCELLANEOUS

2 PROVISIONS

3 SEC. 601. AUTHORIZATION OF FUNDING PROVIDED BY 1996

4 SUPPLEMENTAL APPROPRIATIONS ACT.

5 Amounts obligated or expended for intelligence or in6 telligence-related activities based on and otherwise in ac7 cordance with the appropriations provided by the Omnibus

8 Consolidated Rescissions and Appropriations Act of 1996

9 (Public Law 104–134), including any such obligations or

10 expenditures occurring before the enactment of this Act,

11 shall be deemed to have been specifically authorized by

12 the Congress for purposes of section 504 of the National

13 Security Act of 1947 (50 U.S.C. 414) and are hereby rati14 fied and confirmed.

Passed the House of Representatives May 22, 1996.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE

Deputy Clerk.