IIA

104TH CONGRESS

1ST SESSION H. R. 1655

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 14 (legislative day, SEPTEMBER 5), 1995

Received; read twice and referred to the Select Committee on Intelligence

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Intelligence Authoriza3 tion Act for Fiscal Year 1996’’.

4 TITLE I—INTELLIGENCE

5 ACTIVITIES

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for

8 fiscal year 1996 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 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, 1996, 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. 1655 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 1996 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 Community Manage13 ment Account of the Director of Central Intelligence for

14 fiscal year 1996 the sum of $80,713,000. Within such

15 amounts authorized, funds identified in the classified

16 Schedule of Authorizations referred to in section 102(a)

17 for the Advanced Research and Development Committee

18 and the Environmental Task Force shall remain available

19 until September 30, 1997.

20 (b) AUTHORIZED PERSONNEL LEVELS.—The Com21 munity Management Staff of the Director of Central Intel22 ligence is authorized 247 full-time personnel as of Septem23 ber 30, 1996. Such personnel of the Community Manage24 ment Staff may be permanent employees of the Commu-
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1 nity Management Staff or personnel detailed from other

2 elements of the United States Government.

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

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

5 the Armed Forces who is detailed to the Community Man6 agement Staff from another element of the United States

7 Government shall be detailed on a reimbursable basis, ex8 cept that any such officer, employee or member may be

9 detailed on a nonreimbursable basis for a period of less

10 than one year for the performance of temporary functions

11 as required by the Director of Central Intelligence.

12 TITLE II—CENTRAL INTEL13 LIGENCE AGENCY RETIRE14 MENT AND DISABILITY SYS15 TEM

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

17 There is authorized to be appropriated for the

18 Central Intelligence Agency Retirement and Disability

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

20 TITLE III—GENERAL

21 PROVISIONS

22 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

23 BENEFITS AUTHORIZED BY LAW.

24 Appropriations authorized by this Act for salary, pay,

25 retirement, and other benefits for Federal employees may
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1 be increased by such additional or supplemental amounts

2 as may be necessary for increases in such compensation

3 or benefits authorized by law.

4 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

5 ACTIVITIES.

6 The authorization of appropriations by this Act shall

7 not be deemed to constitute authority for the conduct of

8 any intelligence activity which is not otherwise authorized

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

10 SEC. 303. APPLICATION OF SANCTIONS LAWS TO INTEL11 LIGENCE ACTIVITIES.

12 (a) GENERAL PROVISIONS.—The National Security

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

14 at the end thereof the following new title:

15 ‘‘TITLE IX—APPLICATION OF SANCTIONS LAWS

16 TO INTELLIGENCE ACTIVITIES

17 ‘‘STAY OF SANCTIONS

18 ‘‘SEC. 901. Notwithstanding any provision of law

19 identified in section 904, the President may stay the impo20 sition of an economic, cultural, diplomatic, or other sanc21 tion or related action by the United States Government

22 concerning a foreign country, organization, or person

23 when the President determines and reports to Congress

24 in accordance with section 903 that to proceed without

25 delay would seriously risk the compromise of an ongoing
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1 criminal investigation related to the activities giving rise

2 to the sanction or an intelligence source or method related

3 to the activities giving rise to the sanction. Any such stay

4 shall be effective for a period of time specified by the

5 President, which period may not exceed 120 days, unless

6 such period is extended in accordance with section 902.

7 ‘‘EXTENSION OF STAY

8 ‘‘SEC. 902. Whenever the President determines and

9 reports to Congress in accordance with section 903 that

10 a stay of sanctions pursuant to section 901 has not af11 forded sufficient time to obviate the risk to an ongoing

12 criminal investigation or to an intelligence source or meth13 od that gave rise to the stay, he may extend such stay

14 for a period of time specified by the President, which pe15 riod may not exceed 120 days. The authority of this sec16 tion may be used to extend the period of a stay pursuant

17 to section 901 for successive periods of not more than 120

18 days each.

19 ‘‘REPORTS

20 ‘‘SEC. 903. Reports to Congress pursuant to sections

21 901 and 902 shall be submitted in a prompt and timely

22 fashion upon determinations under this title. Such reports

23 shall be submitted to the Committee on International Re24 lations of the House of Representatives and the Commit25 tee on Foreign Relations of the Senate. With respect to

26 determinations relating to intelligence sources and meth-
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1 ods, reports shall also be submitted to the Permanent Se2 lect Committee on Intelligence of the House of Represent3 atives and the Select Committee on Intelligence of the

4 Senate. With respect to determinations relating to ongoing

5 criminal investigations, reports shall also be submitted to

6 the Committees on the Judiciary of the House of Rep7 resentatives and the Senate.

8 ‘‘LAWS SUBJECT TO STAY

9 ‘‘SEC. 904. The President may use the authority of

10 sections 901 and 902 to stay the imposition of an eco11 nomic, cultural, diplomatic, or other sanction or related

12 action by the United States Government concerning a for13 eign country, organization, or person otherwise required

14 to be imposed by the Chemical and Biological Weapons

15 Control and Warfare Elimination Act of 1991 (title III

16 of Public Law 102–182); the Nuclear Proliferation Pre17 vention Act of 1994 (title VIII of Public Law 103–236);

18 title XVII of the National Defense Authorization Act for

19 Fiscal Year 1991 (Public Law 101–510) (relating to the

20 nonproliferation of missile technology); the Iran-Iraq

21 Arms Nonproliferation Act of 1992 (title XVI of Public

22 Law 102–484); and section 573 of the Foreign Oper23 ations, Export Financing Related Programs Appropria24 tions Act, 1994 (Public Law 103–87), section 563 of the

25 Foreign Operations, Export Financing Related Programs
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1 Appropriations Act, 1995 (Public Law 103–306), and

2 comparable provisions within annual appropriations Acts.

3 ‘‘APPLICATION

4 ‘‘SEC. 905. This title shall cease to be effective on

5 the date which is three years after the date of the enact6 ment of this title.’’.

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

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

9 the end thereof the following:

‘‘TITLE IX—APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES

‘‘Sec. 901. Stay of sanctions.

‘‘Sec. 902. Extension of stay.

‘‘Sec. 903. Reports.

‘‘Sec. 904. Laws subject to stay.

‘‘Sec. 905. Application.’’.

10 SEC. 304. THRIFT SAVINGS PLAN FORFEITURE.

11 Section 8432(g) of title 5, United States Code, is

12 amended by adding at the end the following new para13 graphs:

14 ‘‘(5)(A) Notwithstanding any other provision of law,

15 contributions made by the Government for the benefit of

16 an employee or Member under subsection (c), and all earn17 ings attributable to such contributions, shall be forfeited

18 if the annuity of the employee or Member, or that of a

19 survivor or beneficiary, is forfeited under subchapter II

20 of chapter 83.
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1 ‘‘(B) Forfeitures under this paragraph shall occur

2 only if the offenses upon which the requisite annuity for3 feitures are based happened subsequent to the enactment

4 of this paragraph.’’.

5 SEC. 305. AUTHORITY TO RESTORE SPOUSAL PENSION BEN6 EFITS TO SPOUSES WHO COOPERATE IN

7 CRIMINAL INVESTIGATIONS AND PROSECU8 TIONS FOR NATIONAL SECURITY OFFENSES.

9 Section 8318 of title 5, United States Code, is

10 amended by adding at the end the following:

11 ‘‘(e) The spouse of an individual whose annuity or

12 retired pay is forfeited under section 8312 or 8313 after

13 the date of enactment of this subsection shall be eligible

14 for spousal pension benefits if the Attorney General of the

15 United States determines that the spouse fully cooperated

16 with Federal authorities in the conduct of a criminal inves17 tigation and subsequent prosecution of the individual

18 which resulted in such forfeiture.’’.

19 SEC. 306. SECRECY AGREEMENTS USED IN INTELLIGENCE

20 ACTIVITIES.

21 Notwithstanding any other provision of law not spe22 cifically referencing this section, a nondisclosure policy

23 form or agreement that is to be executed by a person con24 nected with the conduct of an intelligence or intelligence25 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. 307. LIMITATION ON AVAILABILITY OF FUNDS FOR

9 AUTOMATIC DECLASSIFICATION OF

10 RECORDS OVER 25 YEARS OLD.

11 (a) IN GENERAL.—Each agency of the National For12 eign Intelligence Program shall use no more than

13 $2,500,000 of the amounts authorized to be appropriated

14 by this Act to carry out the provisions of section 3.4 of

15 Executive Order 12958.

16 (b) REQUIRED BUDGET SUBMISSION.—The Presi17 dent shall submit for fiscal year 1997 and each of the fol18 lowing five years a budget request which specifically sets

19 forth the funds requested for implementation of section

20 3.4 of Executive Order 12958.

21 SEC. 308. COMPLIANCE WITH BUY AMERICAN ACT.

22 No funds appropriated pursuant to this Act may be

23 expended by an entity unless the entity agrees that in ex24 pending the assistance the entity will comply with sections
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1 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

2 10c, popularly known as the ‘‘Buy American Act’’).

3 SEC. 309. SENSE OF CONGRESS; REQUIREMENT REGARD4 ING NOTICE.

5 (a) PURCHASE OF AMERICAN-MADE EQUIPMENT

6 AND PRODUCTS.—In the case of any equipment or prod7 ucts that may be authorized to be purchased with financial

8 assistance provided under this Act, it is the sense of the

9 Congress that entities receiving such assistance should, in

10 expending the assistance, purchase only American-made

11 equipment and products.

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

13 providing financial assistance under this Act, the Sec14 retary of the Treasury shall provide to each recipient of

15 the assistance a notice describing the statement made in

16 subsection (a) by the Congress.

17 SEC. 310. PROHIBITION OF CONTRACTS.

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

19 agency that any person intentionally affixed a fraudulent

20 label bearing a ‘‘Made in America’’ inscription, or any in21 scription with the same meaning, to any product sold in

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

23 United States, such person shall be ineligible to receive

24 any contract or subcontract made with funds provided

25 pursuant to this Act, pursuant to the debarment, suspen-
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1 sion, and ineligibility procedures described in sections

2 9.400 through 9.409 of title 48, Code of Federal Regula3 tions.

4 TITLE IV—CENTRAL

5 INTELLIGENCE AGENCY

6 SEC. 401. EXTENSION OF THE CIA VOLUNTARY SEPARATION

7 PAY ACT.

8 Section 2(f) of the Central Intelligence Agency Vol9 untary Separation Pay Act (50 U.S.C. 403–4(f)), is

10 amended by striking out ‘‘September 30, 1997’’ and in11 serting in lieu thereof ‘‘September 30, 1999’’.

12 SEC. 402. VOLUNTEER SERVICE PROGRAM.

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

14 Intelligence is authorized to establish and maintain a pro15 gram from fiscal years 1996 through 2001 to utilize the

16 services contributed by not more than 50 annuitants who

17 serve without compensation as volunteers in aid of system18 atic or mandatory review for declassification or downgrad19 ing of classified information of the Central Intelligence

20 Agency under applicable Executive orders governing the

21 classification and declassification of national security in22 formation and Public Law 102–526.

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

24 is authorized to use sums made available to the Central

25 Intelligence Agency by appropriations or otherwise for
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1 paying the costs incidental to the utilization of services

2 contributed by individuals under subsection (a). Such

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

4 transportation, lodging, subsistence, equipment, and sup5 plies. The Director may authorize either direct procure6 ment of equipment, supplies, and services, or reimburse7 ment for expenses, incidental to the effective use of volun8 teers. Such expenses or services shall be in accordance

9 with volunteer agreements made with such individuals.

10 Sums made available for such costs may not exceed

11 $100,000.

12 (c) APPLICATION OF CERTAIN PROVISIONS OF

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

14 to be a Federal employee for the purposes of subchapter

15 I of title 81 (relating to compensation of Federal employ16 ees for work injuries) and section 1346(b) and chapter

17 171 of title 28 (relating to tort claims). A volunteer under

18 this section shall be covered by and subject to the provi19 sions of chapter 11 of title 18 of the United States Code

20 as if they were employees or special Government employ21 ees depending upon the days of expected service at the

22 time they begin volunteering.
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1 TITLE V—DEPARTMENT OF DE2 FENSE INTELLIGENCE AC3 TIVITIES

4 SEC. 501. DEFENSE INTELLIGENCE SENIOR LEVEL POSI5 TIONS.

6 Section 1604 of title 10, United States Code, is

7 amended to read as follows:

8 ‘‘§ 1604. Civilian personnel management

9 ‘‘(a) GENERAL PERSONNEL AUTHORITY.—The Sec10 retary of Defense may, without regard to the provisions

11 of any other law relating to the number, classification, or

12 compensation of Federal employees—

13 ‘‘(1) establish such positions for employees in

14 the Defense Intelligence Agency and the Central Im15 agery Office as the Secretary considers necessary to

16 carry out the functions of that Agency and Office,

17 including positions designated under subsection (f)

18 as Defense Intelligence Senior Level positions;

19 ‘‘(2) appoint individuals to those positions; and

20 ‘‘(3) fix the compensation for service in those

21 positions.

22 ‘‘(b) AUTHORITY TO FIX RATES OF BASIC PAY;

23 OTHER ALLOWANCES AND BENEFITS.—(1) The Secretary

24 of Defense shall, subject to subsection (c), fix the rates

25 of basic pay for positions established under subsection (a)
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1 in relation to the rates of basic pay provided in subpart

2 D of part III of title 5 for positions subject to that title

3 which have corresponding levels of duties and responsibil4 ities. Except as otherwise provided by law, an employee

5 of the Defense Intelligence Agency or the Central Imagery

6 Office may not be paid basic pay at a rate in excess of

7 the maximum rate payable under section 5376 of title 5.

8 ‘‘(2) The Secretary of Defense may provide employees

9 of the Defense Intelligence Agency and the Central Im10 agery Office compensation (in addition to basic pay under

11 paragraph (1)) and benefits, incentives, and allowances

12 consistent with, and not in excess of the levels authorized

13 for, comparable positions authorized by title 5.

14 ‘‘(c) PREVAILING RATES SYSTEMS.—The Secretary

15 of Defense may, consistent with section 5341 of title 5,

16 adopt such provisions of that title as provide for prevailing

17 rate systems of basic pay and may apply those provisions

18 to positions in or under which the Defense Intelligence

19 Agency or the Central Imagery Office may employ individ20 uals described by section 5342(a)(2)(A) of such title.

21 ‘‘(d) ALLOWANCES BASED ON LIVING COSTS AND

22 ENVIRONMENT FOR EMPLOYEES STATIONED OUTSIDE

23 CONTINENTAL UNITED STATES OR IN ALASKA.—(1) In

24 addition to the basic compensation payable under sub25 section (b), employees of the Defense Intelligence Agency
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1 and the Central Imagery Office described in paragraph (3)

2 may be paid an allowance, in accordance with regulations

3 prescribed by the Secretary of Defense, at a rate not in

4 excess of the allowance authorized to be paid under section

5 5941(a) of title 5 for employees whose rates of basic pay

6 are fixed by statute.

7 ‘‘(2) Such allowance shall be based on—

8 ‘‘(A) living costs substantially higher than in

9 the District of Columbia;

10 ‘‘(B) conditions of environment which—

11 ‘‘(i) differ substantially from conditions of

12 environment in the continental United States;

13 and

14 ‘‘(ii) warrant an allowance as a recruit15 ment incentive; or

16 ‘‘(C) both of those factors.

17 ‘‘(3) This subsection applies to employees who—

18 ‘‘(A) are citizens or nationals of the United

19 States; and

20 ‘‘(B) are stationed outside the continental Unit21 ed States or in Alaska.

22 ‘‘(e) TERMINATION OF EMPLOYEES.—(1) Notwith23 standing any other provision of law, the Secretary of De24 fense may terminate the employment of any employee of
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1 the Defense Intelligence Agency or the Central Imagery

2 Office if the Secretary—

3 ‘‘(A) considers such action to be in the interests

4 of the United States; and

5 ‘‘(B) determines that the procedures prescribed

6 in other provisions of law that authorize the termi7 nation of the employment of such employee cannot

8 be invoked in a manner consistent with the national

9 security.

10 ‘‘(2) A decision by the Secretary of Defense to termi11 nate the employment of an employee under this subsection

12 is final and may not be appealed or reviewed outside the

13 Department of Defense.

14 ‘‘(3) The Secretary of Defense shall promptly notify

15 the Permanent Select Committee on Intelligence of the

16 House of Representatives and the Select Committee on In17 telligence of the Senate whenever the Secretary terminates

18 the employment of any employee under the authority of

19 this subsection.

20 ‘‘(4) Any termination of employment under this sub21 section shall not affect the right of the employee involved

22 to seek or accept employment with any other department

23 or agency of the United States if that employee is declared

24 eligible for such employment by the Director of the Office

25 of Personnel Management.
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1 ‘‘(5) The authority of the Secretary of Defense under

2 this subsection may be delegated only to the Deputy Sec3 retary of Defense, the Director of the Defense Intelligence

4 Agency (with respect to employees of the Defense Intel5 ligence Agency), and the Director of the Central Imagery

6 Office (with respect to employees of the Central Imagery

7 Office). An action to terminate employment of an em8 ployee by any such officer may be appealed to the Sec9 retary of Defense.

10 ‘‘(f) DEFENSE INTELLIGENCE SENIOR LEVEL POSI11 TIONS.—(1) In carrying out subsection (a)(1), the Sec12 retary may designate positions described in paragraph (3)

13 as Defense Intelligence Senior Level positions. The total

14 number of positions designated under this subsection and

15 in the Defense Intelligence Senior Executive Service under

16 section 1601 of this title may not exceed the number of

17 positions in the Defense Intelligence Senior Executive

18 Service as of June 1, 1995.

19 ‘‘(2) Positions designated under this subsection shall

20 be treated as equivalent for purposes of compensation to

21 the senior level positions to which section 5376 of title

22 5 is applicable.

23 ‘‘(3) Positions that may be designated as Defense In24 telligence Senior Level positions are positions in the De25 fense Intelligence Agency and Central Imagery Office that
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1 (A) are classified above the GS–15 level, (B) emphasize

2 functional expertise and advisory activity, but (C) do not

3 have the organizational or program management functions

4 necessary for inclusion in the Defense Intelligence Senior

5 Executive Service.

6 ‘‘(4) Positions referred to in paragraph (3) include

7 Defense Intelligence Senior Technical positions and De8 fense Intelligence Senior Professional positions. For pur9 poses of this subsection—

10 ‘‘(A) Defense Intelligence Senior Technical po11 sitions are positions covered by paragraph (3) that

12 involve any of the following:

13 ‘‘(i) Research and development.

14 ‘‘(ii) Test and evaluation.

15 ‘‘(iii) Substantive analysis, liaison, or advi16 sory activity focusing on engineering, physical

17 sciences, computer science, mathematics, biol18 ogy, chemistry, medicine, or other closely relat19 ed scientific and technical fields.

20 ‘‘(iv) Intelligence disciplines including pro21 duction, collection, and operations in close asso22 ciation with any of the activities described in

23 clauses (i), (ii), and (iii) or related activities;

24 and
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1 ‘‘(B) Defense Intelligence Senior Professional

2 positions are positions covered by paragraph (3) that

3 emphasize staff, liaison, analytical, advisory, or

4 other activity focusing on intelligence, law, finance

5 and accounting, program and budget, human re6 sources management, training, information services,

7 logistics, security, and other appropriate fields.

8 ‘‘(g) ‘EMPLOYEE’ DEFINED AS INCLUDING OFFI9 CERS.—In this section, the term ‘employee’, with respect

10 to the Defense Intelligence Agency or the Central Imagery

11 Office, includes any civilian officer of that Agency or Of12 fice.’’.

13 SEC. 502. COMPARABLE BENEFITS AND ALLOWANCES FOR

14 CIVILIAN AND MILITARY PERSONNEL AS15 SIGNED TO DEFENSE INTELLIGENCE FUNC16 TIONS OVERSEAS.

17 (a) CIVILIAN PERSONNEL.—Section 1605 of title 10,

18 United States Code, is amended—

19 (1) in subsection (a)—

20 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’;

21 (B) by striking out ‘‘of the Department of

22 Defense’’ and all that follows through ‘‘this

23 subsection,’’ and inserting in lieu thereof ‘‘de24 scribed in subsection (d)’’; and
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1 (C) by designating the second sentence as

2 paragraph (2);

3 (2) by striking out subsection (c) and inserting

4 in lieu thereof the following:

5 ‘‘(c) Regulations prescribed under subsection (a) may

6 not take effect until the Secretary of Defense has submit7 ted such regulations to—

8 ‘‘(1) the Committee on Armed Services and the

9 Select Committee on Intelligence of the Senate; and

10 ‘‘(2) the Committee on National Security and

11 the Permanent Select Committee on Intelligence of

12 the House of Representatives.’’; and

13 (3) by adding at the end the following new sub14 section:

15 ‘‘(d) Subsection (a) applies to civilian personnel of

16 the Department of Defense who—

17 ‘‘(1) are United States nationals;

18 ‘‘(2) in the case of employees of the Defense In19 telligence Agency, are assigned to duty outside the

20 United States and, in the case of other employees,

21 are assigned to Defense Attach ́e Offices or Defense

22 Intelligence Agency Liaison Offices outside the Unit23 ed States; and

24 ‘‘(3) are designated by the Secretary of Defense

25 for the purposes of subsection (a).’’.
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1 (b) MILITARY PERSONNEL.—Section 431 of title 37,

2 United States Code, is amended—

3 (1) in subsection (a), by striking out ‘‘who are

4 assigned to’’ and all that follows through ‘‘of this

5 subsection’’ and inserting in lieu thereof ‘‘described

6 in subsection (e)’’;

7 (2) by striking out subsection (d) and inserting

8 in lieu thereof the following:

9 ‘‘(d) Regulations prescribed under subsection (a) may

10 not take effect until the Secretary of Defense has submit11 ted such regulations to—

12 ‘‘(1) the Committee on Armed Services and the

13 Select Committee on Intelligence of the Senate; and

14 ‘‘(2) the Committee on National Security and

15 the Permanent Select Committee on Intelligence of

16 the House of Representatives.’’; and

17 (3) by adding at the end the following new sub18 section:

19 ‘‘(e) Subsection (a) applies to members of the armed

20 forces who—

21 ‘‘(1) are assigned—

22 ‘‘(A) to Defense Attach ́e Offices or De23 fense Intelligence Agency Liaison Offices out24 side the United States; or
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1 ‘‘(B) to the Defense Intelligence Agency

2 and engaged in intelligence-related duties out3 side the United States; and

4 ‘‘(2) are designated by the Secretary of Defense

5 for the purposes of subsection (a).’’.

6 SEC. 503. EXTENSION OF AUTHORITY TO CONDUCT INTEL7 LIGENCE COMMERCIAL ACTIVITIES.

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

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

10 thereof ‘‘1998’’.

11 SEC. 504. AVAILABILITY OF FUNDS FOR TIER II UAV.

12 All funds appropriated for fiscal year 1995 for the

13 Medium Altitude Endurance Unmanned Aerial Vehicle

14 (Tier II) are specifically authorized, within the meaning

15 of section 504 of the National Security Act of 1947 (50

16 U.S.C. 414), for such purpose.

17 TITLE VI—TECHNICAL

18 AMENDMENTS

19 SEC. 601. CLARIFICATION WITH RESPECT TO PAY FOR DI20 RECTOR OR DEPUTY DIRECTOR OF CENTRAL

21 INTELLIGENCE APPOINTED FROM COMMIS22 SIONED OFFICERS OF THE ARMED FORCES.

23 (a) CLARIFICATION.—Subparagraph (C) of section

24 102(c)(3) of the National Security Act of 1947 (50 U.S.C.

25 403(c)(3)) is amended to read as follows:
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1 ‘‘(C) A commissioned officer of the Armed Forces on

2 active duty who is appointed to the position of Director

3 or Deputy Director, while serving in such position and

4 while remaining on active duty, shall continue to receive

5 military pay and allowances. Funds from which such pay

6 and allowances are paid shall be reimbursed from funds

7 available to the Director.’’.

8 (b) TECHNICAL CORRECTIONS.—(1) Subparagraphs

9 (A) and (B) of such section are amended by striking out

10 ‘‘pursuant to paragraph (2) or (3)’’ and inserting in lieu

11 thereof ‘‘to the position of Director or Deputy Director’’.

12 (2) Subparagraph (B) of such section is amended by

13 striking out ‘‘paragraph (A)’’ and inserting in lieu thereof

14 ‘‘subparagraph (A)’’.

15 SEC. 602. CHANGE OF DESIGNATION OF CIA OFFICE OF SE16 CURITY.

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

18 1947 (50 U.S.C. 431(b)(3)), is amended by striking out

19 ‘‘Office of Security’’ and inserting in lieu thereof ‘‘Office

20 of Personnel Security’’.

Passed the House of Representatives September 13,

1995.

Attest: ROBIN H. CARLE,

Clerk.

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