I

104TH CONGRESS

1ST SESSION H. R. 1655

To authorize appropriations for fiscal year 1996 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

MAY 17, 1995

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

Permanent Select Committee on Intelligence

A BILL

To authorize appropriations for fiscal year 1996 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.

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 1996’’.
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1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 1996 for the conduct of the intelligence and

6 intelligence-related activities of the following elements of

7 the United States Government:

8 (1) The Central Intelligence Agency.

9 (2) The Department of Defense.

10 (3) The Defense Intelligence Agency.

11 (4) The National Security Agency.

12 (5) The Department of the Army, the Depart13 ment of the Navy, and the Department of the Air

14 Force.

15 (6) The Department of State.

16 (7) The Department of Treasury.

17 (8) The Department of Energy.

18 (9) The Federal Bureau of Investigation.

19 (10) The Drug Enforcement Administration.

20 (11) The National Reconnaissance Office.

21 (12) The Central Imagery Office.

22 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

23 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

24 CEILINGS.—The amounts authorized to be appropriated

25 under section 101, and the authorized personnel ceilings
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1 as of September 30, 1996, for the conduct of the intel2 ligence and intelligence-related activities of the elements

3 listed in such section, are those specified in the classified

4 Schedule of Authorizations prepared to accompany the bill

5 H.R. 1655 of the 104th Congress.

6 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU7 THORIZATIONS.—The Schedule of Authorizations shall be

8 made available to the Committees on Appropriations of

9 the Senate and House of Representatives and to the Presi10 dent. The President shall provide for suitable distribution

11 of the Schedule, or of appropriate portions of the Sched12 ule, within the executive branch.

13 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

14 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap15 proval of the Director of the Office of Management and

16 Budget, the Director of Central Intelligence may authorize

17 employment of civilian personnel in excess of the number

18 authorized for fiscal year 1996 under section 102 when

19 the Director of Central Intelligence determines that such

20 action is necessary to the performance of important intel21 ligence functions, except that the number of personnel em22 ployed in excess of the number authorized under such sec23 tion may not, for any element of the intelligence commu24 nity, exceed two percent of the number of civilian person25 nel authorized under such section for such element.
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1 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

2 Director of Central Intelligence shall promptly notify the

3 Permanent Select Committee on Intelligence of the House

4 of Representatives and the Select Committee on Intel5 ligence of the Senate whenever he exercises the authority

6 granted by this section.

7 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC8 COUNT.

9 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated for the Intelligence Commu11 nity Management Account of the Director of Central Intel12 ligence for fiscal year 1996 the sum of $93,283,000. With13 in such amounts authorized, funds identified in the classi14 fied Schedule of Authorizations referred to in section

15 102(a) for the Advanced Research and Development Com16 mittee shall remain available until September 30, 1997.

17 (b) AUTHORIZED PERSONNEL LEVELS.—The Com18 munity Management Staff of the Director of Central Intel19 ligence is authorized 247 full-time personnel as of Septem20 ber 30, 1996. Such personnel of the Community Manage21 ment Staff may be permanent employees of the Commu22 nity Management Staff or personnel detailed from other

23 elements of the United States Government.

24 (c) REIMBURSEMENT.—During fiscal year 1996, any

25 officer or employee of the United States or a member of
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1 the Armed Forces who is detailed to the Community Man2 agement Staff from another element of the United States

3 Government shall be detailed on a reimbursable basis, ex4 cept that any such officer, employee or member may be

5 detailed on a nonreimbursable basis for a period of less

6 than one year for the performance of temporary functions

7 as required by the Director of Central Intelligence.

8 TITLE II—CENTRAL INTEL9 LIGENCE AGENCY RETIRE10 MENT AND DISABILITY SYS11 TEM

12 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

13 There is authorized to be appropriated for the

14 Central Intelligence Agency Retirement and Disability

15 Fund for fiscal year 1996 the sum of $213,900,000.

16 TITLE III—GENERAL

17 PROVISIONS

18 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

19 BENEFITS AUTHORIZED BY LAW.

20 Appropriations authorized by this Act for salary, pay,

21 retirement, and other benefits for Federal employees may

22 be increased by such additional or supplemental amounts

23 as may be necessary for increases in such compensation

24 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. APPLICATION OF SANCTIONS LAWS TO INTEL8 LIGENCE ACTIVITIES.

9 (a) GENERAL PROVISIONS.—The National Security

10 Act of 1947 (50 U.S.C. 401 et seq.), is amended by adding

11 at the end thereof the following new title:

12 ‘‘TITLE IX—APPLICATION OF

13 SANCTIONS LAWS TO INTEL14 LIGENCE ACTIVITIES

15 ‘‘STAY OF SANCTIONS

16 ‘‘SEC. 901. Notwithstanding any other provision of

17 law, the President may stay the imposition of an economic,

18 cultural, diplomatic, or other sanction or related action by

19 the United States Government concerning a foreign coun20 try, organization, or person when the President deter21 mines that to proceed without delay would seriously risk

22 the compromise of an ongoing criminal investigation or an

23 intelligence source or method. The President shall lift any

24 such stay when the President determines that such stay

25 is no longer necessary to that purpose.
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1 ‘‘REPORTS

2 ‘‘SEC. 902. Whenever any stay is imposed pursuant

3 to section 901, and whenever the duration of any such

4 stay exceeds 120 days, the President shall promptly report

5 to the Select Committee on Intelligence of the Senate and

6 the Permanent Select Committee on Intelligence of the

7 House of Representatives the rationale and circumstances

8 that led the President to exercise the stay authority with

9 respect to an intelligence source or method, and to the

10 Judiciary Committees of the Senate and the House of

11 Representatives the rationale and circumstances that led

12 the President to exercise the stay authority with respect

13 to an ongoing criminal investigation.’’.

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

15 in the first section of such Act is amended by adding at

16 the end thereof the following:

‘‘TITLE IX—APPLICATION OF SANCTIONS LAWS TO

INTELLIGENCE ACTIVITIES

‘‘Sec. 901. Stay of sanctions.

‘‘Sec. 902. Reports.’’.

17 SEC. 304. SECRECY AGREEMENTS USED IN INTELLIGENCE

18 ACTIVITIES.

19 Notwithstanding any other provision of law not spe20 cifically referencing this section, a nondisclosure policy

21 form or agreement that is to be executed by a person con22 nected with the conduct of an intelligence or intelligence23 related activity, other than an employee or officer of the
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1 United States Government, may contain provisions appro2 priate to the particular activity for which such document

3 is to be used. Such form or agreement shall, at a mini4 mum, require that the person will not disclose any classi5 fied information received in the course of such activity un6 less specifically authorized to do so by the United States

7 Government.

8 SEC. 305. LIMITATION ON AVAILABILITY OF FUNDS FOR

9 AUTOMATIC DECLASSIFICATION OF

10 RECORDS OVER 25 YEARS OLD.

11 Amounts authorized to be appropriated by this Act

12 may not be used to carry out the provisions of section 3.4

13 of Executive Order 12958 until after the President has

14 submitted a budget request that specifies the costs of car15 rying out such section and funds have been authorized to

16 be appropriated to carry out the provisions of section 3.4

17 of Executive Order 12958.

18 TITLE IV—CENTRAL

19 INTELLIGENCE AGENCY

20 SEC. 401. EXTENSION OF THE CIA VOLUNTARY SEPARATION

21 PAY ACT.

22 Section 2(f) of the Central Intelligence Agency Vol23 untary Separation Pay Act (50 U.S.C. 403–4(f)), is

24 amended by striking out ‘‘September 30, 1997’’ and in25 serting in lieu thereof ‘‘September 30, 1999’’.
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1 SEC. 402. VOLUNTEER SERVICE PROGRAM.

2 (a) GENERAL AUTHORITY.—The Director of Central

3 Intelligence is authorized to establish and maintain a pro4 gram from fiscal years 1996 through 2001 to utilize the

5 services contributed by not more than 50 annuitants who

6 serve without compensation as volunteers in aid of system7 atic or mandatory review for declassification or downgrad8 ing of classified information of the Central Intelligence

9 Agency under applicable Executive orders governing the

10 classification and declassification of national security in11 formation and Public Law 102–526.

12 (b) COSTS INCIDENTAL TO SERVICES.—The Director

13 is authorized to use sums made available to the Central

14 Intelligence Agency by appropriations or otherwise for

15 paying the costs incidental to the utilization of services

16 contributed by individuals under subsection (a). Such

17 costs may include (but need not be limited to) training,

18 transportation, lodging, subsistence, equipment, and sup19 plies. The Director may authorize either direct procure20 ment of equipment, supplies, and services, or reimburse21 ment for, expenses incidental to the effective use of volun22 teers. Such expenses or services shall be in accordance

23 with volunteer agreements made with such individuals.

24 Sums made available for such costs may not exceed

25 $100,000.
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1 (c) APPLICATION OF CERTAIN PROVISIONS OF

2 LAW.—A volunteer under this section shall be considered

3 to be a Federal employee for the purposes of subchapter

4 I of title 81 (relating to compensation of Federal employ5 ees for work injuries) and section 1346(b) and chapter

6 171 of title 28 (relating to tort claims). A volunteer under

7 this section shall be covered by and subject to the provi8 sions of chapter 11 of title 18 of the United States Code

9 as if they were employees or special Government employ10 ees depending upon the days of expected service at the

11 time they begin volunteering.

12 TITLE V—DEPARTMENT OF DE13 FENSE INTELLIGENCE AC14 TIVITIES

15 SEC. 501. EXTENSION OF AUTHORITY TO CONDUCT INTEL16 LIGENCE COMMERCIAL ACTIVITIES.

17 Section 431(a) of title 10, United States Code, is

18 amended by striking out ‘‘1995’’ and inserting in lieu

19 thereof ‘‘1998’’.

20 TITLE VI—TECHNICAL

21 AMENDMENTS

22 SEC. 601. CHANGE OF DESIGNATION OF CIA OFFICE OF SE23 CURITY.

24 Section 701(b)(3) of the National Security Act of

25 1947 (50 U.S.C. 431(b)(3)), is amended by striking out
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1 ‘‘Office of Security’’ and inserting in lieu thereof ‘‘Office

2 of Personnel Security’’.

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