Union Calendar No. 99

104TH CONGRESS

1ST SESSION H. R. 1655

[Report No. 104–138, Parts I and II]

A BILL

To authorize appropriations for fiscal year 1996 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
JUNE 14, 1995

Reported with an amendment and referred to the Comrule X jurisdiction of that committee pursuant to clause 1(k), provisions of the bill and amendment as fall within the later than June 23, 1995, for consideration of such mittee on National Security for a period ending not

JUNE 23, 1995

Referral to the Committee on National Security extended

for a period ending not later than July 19, 1995

Referred to the Committee on Government Reform and

committee pursuant to clause 1(g), rule X and amendment as fall within the jurisdiction of that1995, for consideration of such provisions of the billOversight for a period ending not later than July 19,

JULY 19, 1995

Reported from the Committee on Government Reform

and Oversight with an amendment

JULY 19, 1995

The Committee on National Security discharged; referred

the Unionto the Committee of the Whole House on the State of
IB

Union Calendar No. 99

104TH CONGRESS

1ST SESSION H. R. 1655

[Report No. 104–138, Parts I and II]

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

JUNE 14, 1995

Reported with an amendment and referred to the Committee on National Security for a period ending not later than June 23, 1995, 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]

JUNE 23, 1995

Referral to the Committee on National Security extended for a period ending

not later than July 19, 1995

Referred to the Committee on Government Reform and Oversight for a period

ending not later than July 19, 1995, for consideration of such provisions

of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(g), rule X

JULY 19, 1995

Reported from the Committee on Government Reform and Oversight with an

amendment

[Omit the part struck through in italic]

The Committee on National Security discharged; referred to the Committee

of the Whole House on the State of the Union
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[For text of introduced bill, see copy of bill as introduced on May 17, 1995]

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’’.

6 TITLE I—INTELLIGENCE

7 ACTIVITIES

8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

9 Funds are hereby authorized to be appropriated for fis10 cal year 1996 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.
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1 (5) The Department of the Army, the Depart2 ment of the Navy, and the Department of the Air

3 Force.

4 (6) The Department of State.

5 (7) The Department of Treasury.

6 (8) The Department of Energy.

7 (9) The Federal Bureau of Investigation.

8 (10) The Drug Enforcement Administration.

9 (11) The National Reconnaissance Office.

10 (12) The Central Imagery Office.

11 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

12 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

13 CEILINGS.—The amounts authorized to be appropriated

14 under section 101, and the authorized personnel ceilings as

15 of September 30, 1996, for the conduct of the intelligence

16 and intelligence-related activities of the elements listed in

17 such section, are those specified in the classified Schedule

18 of Authorizations prepared to accompany the bill H.R. 1655

19 of the 104th Congress.

20 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU21 THORIZATIONS.—The Schedule of Authorizations shall be

22 made available to the Committees on Appropriations of the

23 Senate and House of Representatives and to the President.

24 The President shall provide for suitable distribution of the
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1 Schedule, or of appropriate portions of the Schedule, within

2 the executive branch.

3 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

4 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap5 proval of the Director of the Office of Management and

6 Budget, the Director of Central Intelligence may authorize

7 employment of civilian personnel in excess of the number

8 authorized for fiscal year 1996 under section 102 when the

9 Director of Central Intelligence determines that such action

10 is necessary to the performance of important intelligence

11 functions, except that the number of personnel employed in

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

13 for any element of the intelligence community, exceed two

14 percent of the number of civilian personnel authorized

15 under such section for such element.

16 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di17 rector of Central Intelligence shall promptly notify the Per18 manent Select Committee on Intelligence of the House of

19 Representatives and the Select Committee on Intelligence of

20 the Senate whenever he exercises the authority granted by

21 this section.

22 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

23 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated for the Community Manage25 ment Account of the Director of Central Intelligence for fis-
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1 cal year 1996 the sum of $80,713,000. Within such amounts

2 authorized, funds identified in the classified Schedule of Au3 thorizations referred to in section 102(a) for the Advanced

4 Research and Development Committee and the Environ5 mental Task Force shall remain available until September

6 30, 1997.

7 (b) AUTHORIZED PERSONNEL LEVELS.—The Commu8 nity Management Staff of the Director of Central Intel9 ligence is authorized 247 full-time personnel as of Septem10 ber 30, 1996. Such personnel of the Community Manage11 ment Staff may be permanent employees of the Community

12 Management Staff or personnel detailed from other elements

13 of the United States Government.

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

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

16 Armed Forces who is detailed to the Community Manage17 ment Staff from another element of the United States Gov18 ernment shall be detailed on a reimbursable basis, except

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

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

21 year for the performance of temporary functions as required

22 by the Director of Central Intelligence.
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated for the Central

7 Intelligence Agency Retirement and Disability Fund for fis8 cal year 1996 the sum of $213,900,000.

9 TITLE III—GENERAL

10 PROVISIONS

11 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

12 BENEFITS AUTHORIZED BY LAW.

13 Appropriations authorized by this Act for salary, pay,

14 retirement, and other benefits for Federal employees may

15 be increased by such additional or supplemental amounts

16 as may be necessary for increases in such compensation or

17 benefits authorized by law.

18 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

19 ACTIVITIES.

20 The authorization of appropriations by this Act shall

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

22 intelligence activity which is not otherwise authorized by

23 the Constitution or the laws of the United States.
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1 SEC. 303. APPLICATION OF SANCTIONS LAWS TO INTEL2 LIGENCE ACTIVITIES.

3 (a) GENERAL PROVISIONS.—The National Security

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

5 at the end thereof the following new title:

6 ‘‘TITLE IX—APPLICATION OF SANCTIONS LAWS

7 TO INTELLIGENCE ACTIVITIES

8 ‘‘STAY OF SANCTIONS

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

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

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

12 the United States Government concerning a foreign coun13 try, organization, or person when the President determines

14 that to proceed without delay would seriously risk the com15 promise of an ongoing criminal investigation or an intel16 ligence source or method. The President shall lift any such

17 stay when the President determines that such stay is no

18 longer necessary to that purpose.

19 ‘‘REPORTS

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

21 to section 901, and whenever the duration of any such stay

22 exceeds 120 days, the President shall promptly report to the

23 Select Committee on Intelligence of the Senate and the Per24 manent Select Committee on Intelligence of the House of

25 Representatives the rationale and circumstances that led the
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1 President to exercise the stay authority with respect to an

2 intelligence source or method, and to the Judiciary Commit3 tees of the Senate and the House of Representatives the ra4 tionale and circumstances that led the President to exercise

5 the stay authority with respect to an ongoing criminal in6 vestigation.’’.

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

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

9 end thereof the following:

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

‘‘Sec. 901. Stay of Sanctions.

‘‘Sec. 902. Reports.’’.

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 an

16 employee or Member under subsection (c), and all earnings

17 attributable to such contributions, shall be forfeited if the

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

19 or beneficiary, is forfeited under subchapter II of chapter

20 83.

21 ‘‘(B) Forfeitures under this paragraph shall occur only

22 if the offenses upon which the requisite annuity forfeitures
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1 are based happened subsequent to the enactment of this

2 paragraph.’’.

3 SEC. 305. AUTHORITY TO RESTORE SPOUSAL PENSION BEN4 EFITS TO SPOUSES WHO COOPERATE IN

5 CRIMINAL INVESTIGATIONS AND PROSECU6 TIONS FOR NATIONAL SECURITY OFFENSES.

7 Section 8318 of title 5, United States Code, is amended

8 by adding at the end the following:

9 ‘‘(e) The spouse of an individual whose annuity or re10 tired pay is forfeited under section 8312 or 8313 after the

11 date of enactment of this subsection shall be eligible for

12 spousal pension benefits if the Attorney General of the Unit13 ed States determines that the spouse fully cooperated with

14 Federal authorities in the conduct of a criminal investiga15 tion and subsequent prosecution of the individual which re16 sulted in such forfeiture.’’.

17 SEC. 306. 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

24 United States Government, may contain provisions appro25 priate to the particular activity for which such document
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1 is to be used. Such form or agreement shall, at a minimum,

2 require that the person will not disclose any classified infor3 mation received in the course of such activity unless specifi4 cally authorized to do so by the United States Government.

5 SEC. 307. LIMITATION ON AVAILABILITY OF FUNDS FOR

6 AUTOMATIC DECLASSIFICATION OF RECORDS

7 OVER 25 YEARS OLD.

8 (a) IN GENERAL.—Each agency of the National For9 eign Intelligence Program shall use no more than

10 $2,500,000 of the amounts authorized to be appropriated

11 by this Act to carry out the provisions of section 3.4 of Exec12 utive Order 12958.

13 (b) REQUIRED BUDGET SUBMISSION.—The President

14 shall submit for fiscal year 1997 and each of the following

15 five years a budget request which specifically sets forth the

16 funds requested for implementation of section 3.4 of Execu17 tive 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 amend24 ed by striking out ‘‘September 30, 1997’’ and inserting in

25 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 In14 telligence Agency by appropriations or otherwise for paying

15 the costs incidental to the utilization of services contributed

16 by individuals under subsection (a). Such costs may include

17 (but need not be limited to) training, transportation, lodg18 ing, subsistence, equipment, and supplies. The Director may

19 authorize either direct procurement of equipment, supplies,

20 and services, or reimbursement for expenses, incidental to

21 the effective use of volunteers. Such expenses or services shall

22 be in accordance with volunteer agreements made with such

23 individuals. Sums made available for such costs may not

24 exceed $100,000.

25 (c) APPLICATION OF CERTAIN PROVISIONS OF LAW.—

26 A volunteer under this section shall be considered to be a
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1 Federal employee for the purposes of subchapter I of title

2 81 (relating to compensation of Federal employees for work

3 injuries) and section 1346(b) and chapter 171 of title 28

4 (relating to tort claims). A volunteer under this section shall

5 be covered by and subject to the provisions of chapter 11

6 of title 18 of the United States Code as if they were employ7 ees or special Government employees depending upon the

8 days of expected service at the time they begin volunteering.

9 TITLE V—DEPARTMENT OF DE10 FENSE INTELLIGENCE ACTIVI11 TIES

12 SEC. 501. DEFENSE INTELLIGENCE SENIOR LEVEL POSI13 TIONS.

14 Section 1604 of title 10, United States Code, is amend15 ed to read as follows:

16 ‘‘§ 1604. Civilian personnel management

17 ‘‘(a) GENERAL PERSONNEL AUTHORITY.—The Sec18 retary of Defense may, without regard to the provisions of

19 any other law relating to the number, classification, or com20 pensation of Federal employees—

21 ‘‘(1) establish such positions for employees in the

22 Defense Intelligence Agency and the Central Imagery

23 Office as the Secretary considers necessary to carry

24 out the functions of that Agency and Office, including
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1 positions designated under subsection (f) as Defense

2 Intelligence Senior Level positions;

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

4 ‘‘(3) fix the compensation for service in those po5 sitions.

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

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

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

9 basic pay for positions established under subsection (a) in

10 relation to the rates of basic pay provided in subpart D

11 of part III of title 5 for positions subject to that title which

12 have corresponding levels of duties and responsibilities. Ex13 cept as otherwise provided by law, an employee of the De14 fense Intelligence Agency or the Central Imagery Office may

15 not be paid basic pay at a rate in excess of the maximum

16 rate payable under section 5376 of title 5.

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

18 of the Defense Intelligence Agency and the Central Imagery

19 Office compensation (in addition to basic pay under para20 graph (1)) and benefits, incentives, and allowances consist21 ent with, and not in excess of the levels authorized for, com22 parable positions authorized by title 5.

23 ‘‘(c) PREVAILING RATES SYSTEMS.—The Secretary of

24 Defense may, consistent with section 5341 of title 5, adopt

25 such provisions of that title as provide for prevailing rate
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1 systems of basic pay and may apply those provisions to

2 positions in or under which the Defense Intelligence Agency

3 or the Central Imagery Office may employ individuals de4 scribed by section 5342(a)(2)(A) of such title.

5 ‘‘(d) ALLOWANCES BASED ON LIVING COSTS AND EN6 VIRONMENT FOR EMPLOYEES STATIONED OUTSIDE CON7 TINENTAL UNITED STATES OR IN ALASKA.—(1) In addition

8 to the basic compensation payable under subsection (b), em9 ployees of the Defense Intelligence Agency and the Central

10 Imagery Office described in paragraph (3) may be paid an

11 allowance, in accordance with regulations prescribed by the

12 Secretary of Defense, at a rate not in excess of the allowance

13 authorized to be paid under section 5941(a) of title 5 for

14 employees whose rates of basic pay are fixed by statute.

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

16 ‘‘(A) living costs substantially higher than in the

17 District of Columbia;

18 ‘‘(B) conditions of environment which—

19 ‘‘(i) differ substantially from conditions of

20 environment in the continental United States;

21 and

22 ‘‘(ii) warrant an allowance as a recruit23 ment incentive; or

24 ‘‘(C) both of those factors.

25 ‘‘(3) This subsection applies to employees who—
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1 ‘‘(A) are citizens or nationals of the United

2 States; and

3 ‘‘(B) are stationed outside the continental United

4 States or in Alaska.

5 ‘‘(e) TERMINATION OF EMPLOYEES.—(1) Notwith6 standing any other provision of law, the Secretary of De7 fense may terminate the employment of any employee of

8 the Defense Intelligence Agency or the Central Imagery Of9 fice if the Secretary—

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

11 of the United States; and

12 ‘‘(B) determines that the procedures prescribed

13 in other provisions of law that authorize the termi14 nation of the employment of such employee cannot be

15 invoked in a manner consistent with the national se16 curity.

17 ‘‘(2) A decision by the Secretary of Defense to termi18 nate the employment of an employee under this subsection

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

20 Department of Defense.

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

22 the Permanent Select Committee on Intelligence of the

23 House of Representatives and the Select Committee on Intel24 ligence of the Senate whenever the Secretary terminates the
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1 employment of any employee under the authority of this

2 subsection.

3 ‘‘(4) Any termination of employment under this sub4 section shall not affect the right of the employee involved

5 to seek or accept employment with any other department

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

7 eligible for such employment by the Director of the Office

8 of Personnel Management.

9 ‘‘(5) The authority of the Secretary of Defense under

10 this subsection may be delegated only to the Deputy Sec11 retary of Defense, the Director of the Defense Intelligence

12 Agency (with respect to employees of the Defense Intel13 ligence Agency), and the Director of the Central Imagery

14 Office (with respect to employees of the Central Imagery

15 Office). An action to terminate employment of an employee

16 by any such officer may be appealed to the Secretary of

17 Defense.

18 ‘‘(f) DEFENSE INTELLIGENCE SENIOR LEVEL POSI19 TIONS.—(1) In carrying out subsection (a)(1), the Secretary

20 may designate positions described in paragraph (3) as De21 fense Intelligence Senior Level positions. The total number

22 of positions designated under this subsection and in the De23 fense Intelligence Senior Executive Service under section

24 1601 of this title may not exceed the number of positions
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1 in the Defense Intelligence Senior Executive Service as of

2 June 1, 1995.

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

4 be treated as equivalent for purposes of compensation to the

5 senior level positions to which section 5376 of title 5 is ap6 plicable.

7 ‘‘(3) Positions that may be designated as Defense Intel8 ligence Senior Level positions are positions in the Defense

9 Intelligence Agency and Central Imagery Office that (A)

10 are classified above the GS–15 level, (B) emphasize func11 tional expertise and advisory activity, but (C) do not have

12 the organizational or program management functions nec13 essary for inclusion in the Defense Intelligence Senior Exec14 utive Service.

15 ‘‘(4) Positions referred to in paragraph (3) include De16 fense Intelligence Senior Technical positions and Defense

17 Intelligence Senior Professional positions. For purposes of

18 this subsection—

19 ‘‘(A) Defense Intelligence Senior Technical posi20 tions are positions covered by paragraph (3) that in21 volve any of the following:

22 ‘‘(i) Research and development.

23 ‘‘(ii) Test and evaluation.

24 ‘‘(iii) Substantive analysis, liaison, or advi25 sory activity focusing on engineering, physical
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1 sciences, computer science, mathematics, biology,

2 chemistry, medicine, or other closely related sci3 entific and technical fields.

4 ‘‘(iv) Intelligence disciplines including pro5 duction, collection, and operations in close asso6 ciation with any of the activities described in

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

8 and

9 ‘‘(B) Defense Intelligence Senior Professional po10 sitions are positions covered by paragraph (3) that

11 emphasize staff, liaison, analytical, advisory, or other

12 activity focusing on intelligence, law, finance and ac13 counting, program and budget, human resources man14 agement, training, information services, logistics, se15 curity, and other appropriate fields.

16 ‘‘(g) ‘EMPLOYEE’ DEFINED AS INCLUDING OFFI17 CERS.—In this section, the term ‘employee’, with respect to

18 the Defense Intelligence Agency or the Central Imagery Of19 fice, includes any civilian officer of that Agency or Office.’’.

20 SEC. 502. COMPARABLE BENEFITS AND ALLOWANCES FOR

21 CIVILIAN AND MILITARY PERSONNEL AS22 SIGNED TO DEFENSE INTELLIGENCE FUNC23 TIONS OVERSEAS.

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

25 United States Code, is amended—
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1 (1) in subsection (a)—

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

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

4 Defense’’ and all that follows through ‘‘this sub5 section,’’ and inserting in lieu thereof ‘‘described

6 in subsection (d)’’; and

7 (C) by designating the second sentence as

8 paragraph (2);

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

10 in lieu thereof the following:

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

12 not take effect until the Secretary of Defense has submitted

13 such regulations to—

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

15 Select Committee on Intelligence of the Senate; and

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

17 Permanent Select Committee on Intelligence of the

18 House of Representatives.’’; and

19 (3) by adding at the end the following new sub20 section:

21 ‘‘(d) Subsection (a) applies to civilian personnel of the

22 Department of Defense who—

23 ‘‘(1) are United States nationals;

24 ‘‘(2) in the case of employees of the Defense Intel25 ligence Agency, are assigned to duty outside the Unit-
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1 ed States and, in the case of other employees, are as2 signed to Defense Attach ́e Offices or Defense Intel3 ligence Agency Liaison Offices outside the United

4 States; and

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

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

7 (b) MILITARY PERSONNEL.—Section 431 of title 37,

8 United States Code, is amended—

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

10 assigned to’’ and all that follows through ‘‘of this sub11 section’’ and inserting in lieu thereof ‘‘described in

12 subsection (e)’’;

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

14 in lieu thereof the following:

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

16 not take effect until the Secretary of Defense has submitted

17 such regulations to—

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

19 Select Committee on Intelligence of the Senate; and

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

21 Permanent Select Committee on Intelligence of the

22 House of Representatives.’’; and

23 (3) by adding at the end the following new sub24 section:
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1 ‘‘(e) Subsection (a) applies to members of the armed

2 forces who—

3 ‘‘(1) are assigned—

4 ‘‘(A) to Defense Attach ́e Offices or Defense

5 Intelligence Agency Liaison Offices outside the

6 United States; or

7 ‘‘(B) to the Defense Intelligence Agency and

8 engaged in intelligence-related duties outside the

9 United States; and

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

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

12 SEC. 503. EXTENSION OF AUTHORITY TO CONDUCT INTEL13 LIGENCE COMMERCIAL ACTIVITIES.

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

15 amended by striking out ‘‘1995’’ and inserting in lieu there16 of ‘‘1998’’.

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

18 All funds appropriated for fiscal year 1995 for the Me19 dium Altitude Endurance Unmanned Aerial Vehicle (Tier

20 II) are specifically authorized, within the meaning of sec21 tion 504 of the National Security Act of 1947 (50 U.S.C.

22 414), for such purpose.
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1 SEC. 505. TEMPORARY PROGRAM TO WAIVE MANDATORY

2 REDUCTIONS TO ANNUITIES.

3 (a) GENERAL AUTHORITY.—The Secretary of Defense

4 shall establish a program under which the reduction of an5 nuities under subsection (h) of section 8339 of title 5, Unit6 ed States Code, may be waived to encourage eligible employ7 ees to separate voluntarily from service by retiring to lessen

8 the possibility of involuntary separations due to reduction

9 in force at the National Security Agency.

10 (b) COMPUTATION OF ANNUITY.—Under this program,

11 annuities shall be computed under section 8339 of such title

12 without regard to subsection (h) of such section.

13 (c) PROGRAM ELIGIBILITY REQUIREMENTS.—Under

14 the program established under subsection (a), the waiver of

15 the annuity reduction may be offered by the Director of the

16 National Security Agency—

17 (1) to an employee who—

18 (A) is an employee of the National Security

19 Agency, serving under an appointment without

20 time limitation, who is in the Civil Service Re21 tirement System and is eligible for an annuity

22 under section 8336(d)(2) of title 5, United States

23 Code, other than—

24 (i) a reemployed annuitant under sub25 chapter III of chapter 83 of such title 5;

26 and
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1 (ii) an employee having a disability on

2 the basis of which such employee is or

3 would be eligible for disability retirement

4 under such chapter 83; and

5 (B) is within such occupational groups or

6 geographic locations, or subject to similar limita7 tions or conditions, as the Director may require;

8 and

9 (2) for a period not to exceed 90 days during the

10 period beginning on October 1, 1995, and ending on

11 September 30, 1996.

12 (d) PAYMENTS TO THE CIVIL SERVICE RETIREMENT

13 AND DISABILITY FUND.—In addition to any other payment

14 which it is required to make under subchapter III of chapter

15 83 of title 5, United States Code, the National Security

16 Agency shall remit to the Office of Personnel Management

17 for deposit in the Treasury of the United States to the credit

18 of the Civil Service Retirement and Disability Fund the

19 amount necessary to reimburse the Fund for the additional

20 costs of the unreduced annuities payable under this section.

21 Amounts may be made available to make such deposits from

22 amounts authorized to be appropriated to the National Se23 curity Agency for the fiscal year in which this Act is en24 acted and for the succeeding four fiscal years.
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1 (e) LIMITATION ON AVAILABILITY OF FUNDS.—No

2 funds shall be payable under this section based on retire3 ments occurring after September 30, 1996.

4 (f) REGULATIONS.—The Secretary shall prescribe such

5 regulations as may be necessary to carry out this section.

6 TITLE VI—TECHNICAL

7 AMENDMENTS

8 SEC. 601. CLARIFICATION WITH RESPECT TO PAY FOR DI9 RECTOR OR DEPUTY DIRECTOR OF CENTRAL

10 INTELLIGENCE APPOINTED FROM COMMIS11 SIONED OFFICERS OF THE ARMED FORCES.

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

13 102(c)(3) of the National Security Act of 1947 (50 U.S.C.

14 403(c)(3)) is amended to read as follows:

15 ‘‘(C) A commissioned officer of the Armed Forces on

16 active duty who is appointed to the position of Director

17 or Deputy Director, while serving in such position and

18 while remaining on active duty, shall continue to receive

19 military pay and allowances. Funds from which such pay

20 and allowances are paid shall be reimbursed from funds

21 available to the Director.’’.

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

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

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

25 thereof ‘‘to the position of Director or Deputy Director’’.
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1 (2) Subparagraph (B) of such section is amended by

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

3 ‘‘subparagraph (A)’’.

4 SEC. 602. CHANGE OF DESIGNATION OF CIA OFFICE OF SE5 CURITY.

6 Section 701(b)(3) of the National Security Act of 1947

7 (50 U.S.C. 431(b)(3)), is amended by striking out ‘‘Office

8 of Security’’ and inserting in lieu thereof ‘‘Office of Person9 nel Security’’.

10 TITLE VII—DEPARTMENT OF

11 STATE INTELLIGENCE ACTIVI12 TIES

13 SEC. 701. CONSOLIDATION OF WATCH COMPONENT OF THE

14 BUREAU OF INTELLIGENCE AND RESEARCH.

15 (a) LIMITATION.—The 24-Hour Watch component of

16 the Bureau of Intelligence and Research of the Department

17 of State may not be consolidated into, and its functions

18 may not be transferred to, the Secretary’s Operations Cen19 ter of the Department of State until 60 days after the report

20 described in subsection (b) has been submitted by the Sec21 retary of State to the Permanent Select Committee on Intel22 ligence and the Committee on International Relations of the

23 House of Representatives and the Select Committee on Intel24 ligence and the Committee on Foreign Relations of the Sen25 ate.
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1 (b) REPORT.—The report referred to in subsection (a)

2 shall include—

3 (1) the measures taken and proposed to be taken

4 to assure that adequate resources of the Secretary’s

5 Operations Center are dedicated to fulfilling the needs

6 and requirements of the Bureau of Intelligence and

7 Research;

8 (2) the measures taken and proposed to be taken,

9 in consultation with the Director of Central Intel10 ligence particularly with regard to procedures, staff

11 training, and facilities, to upgrade the ability of the

12 Secretary’s Operations Center to handle highly sen13 sitive information so it is properly safeguarded and

14 provided to the Bureau of Intelligence and Research

15 in a timely manner; and

16 (3) a comparison of the cost of the measures nec17 essary to upgrade the Secretary’s Operations Center

18 to fulfill the needs of the Bureau of Intelligence and

19 Research with the costs of eliminating the 24-Hour

20 Watch component of the Bureau of Intelligence and

21 Research.

HR 1655 RH——2