```

[Journal of the House of Representatives, 1995]
[Wednesday, September 13, 1995 (114), Para 114.7 Roll No. 655]
[Pages 1331-1334]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.114.7                   [Roll No. 655]

                                AYES--154

     Ackerman
     Bachus
     Baldacci
     Barcia
     Barrett (WI)
     Becerra
     Beilenson
     Berman
     Bonior
     Borski
     Browder
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bunn
     Clay
     Clayton
     Clement
     Clyburn
     Collins (IL)
     Collins (MI)
     Condit
     Conyers
     Costello
     Coyne
     Danner
     DeFazio
     DeLauro
     Dellums
     Dicks
     Doggett
     Duncan
     Durbin
     Engel
     Eshoo
     Evans
     Farr
     Fazio
     Fields (LA)
     Filner
     Flake
     Foglietta
     Ford
     Frank (MA)
     Frost
     Furse
     Gejdenson
     Gephardt
     Gibbons
     Gonzalez
     Goodlatte
     Gordon
     Green
     Gutierrez
     Hamilton
     Harman
     Hastings (FL)
     Hefner
     Hilliard
     Hinchey
     Horn
     Istook
     Jackson-Lee
     Jacobs
     Johnson (SD)
     Johnson, E. B.
     Johnston
     Kanjorski
     Kennedy (MA)
     Kennedy (RI)
     Kildee
     Kleczka
     Lantos
     Levin
     Lewis (GA)
     Lincoln
     Lipinski
     Lofgren
     Lowey
     Luther
     Maloney
     Manton
     Markey
     Martinez
     Matsui
     McCarthy
     McDermott
     McKinney
     McNulty
     Meehan
     Menendez
     Metcalf
     Mfume
     Miller (CA)
     Mineta
     Minge
     Mink
     Moran
     Morella
     Nadler
     Neal
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pastor
     Payne (NJ)
     Payne (VA)
     Pelosi
     Peterson (MN)
     Pomeroy
     Poshard
     Rangel
     Reed
     Riggs
     Roemer
     Rohrabacher
     Rose
     Roybal-Allard
     Rush
     Sabo
     Sanders
     Sawyer
     Schroeder
     Schumer
     Scott
     Serrano
     Shays
     Skaggs
     Slaughter
     Spratt
     Stark
     Stenholm
     Stokes
     Studds
     Stupak
     Thompson
     Thornton
     Thurman
     Torres
     Torricelli
     Towns
     Velazquez
     Vento
     Ward
     Waters
     Watt (NC)
     Waxman
     Williams
     Woolsey
     Wyden
     Yates
     Zimmer

                                NOES--271

     Abercrombie
     Allard
     Andrews
     Archer
     Armey
     Baesler
     Baker (CA)
     Baker (LA)
     Ballenger
     Barr
     Barrett (NE)
     Bartlett
     Barton
     Bass
     Bateman
     Bentsen
     Bereuter
     Bevill
     Bilbray
     Bilirakis
     Bishop
     Bliley
     Blute
     Boehlert
     Boehner
     Bonilla
     Bono
     Boucher
     Brewster
     Brownback
     Bryant (TN)
     Bryant (TX)
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Canady
     Castle
     Chabot
     Chambliss
     Chapman
     Chenoweth
     Christensen
     Chrysler
     Clinger
     Coble
     Coleman
     Collins (GA)
     Combest
     Cooley
     Cox
     Cramer
     Crane
     Crapo
     Cremeans
     Cubin
     Cunningham
     Davis
     de la Garza
     Deal
     DeLay
     Deutsch
     Diaz-Balart
     Dickey
     Dingell
     Dixon
     Dooley
     Doolittle
     Dornan
     Doyle
     Dreier
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     English
     Ensign
     Everett
     Ewing
     Fattah
     Fawell
     Fields (TX)
     Flanagan
     Foley
     Forbes
     Fowler
     Fox
     Franks (CT)
     Franks (NJ)
     Frelinghuysen
     Frisa
     Funderburk
     Gallegly
     Ganske
     Gekas
     Geren
     Gilchrest
     Gillmor
     Gilman
     Goodling
     Goss
     Graham
     Greenwood
     Gunderson
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hancock
     Hansen
     Hastert
     Hastings (WA)
     Hayes
     Hayworth
     Hefley
     Heineman
     Herger
     Hilleary
     Hobson
     Hoekstra
     Hoke
     Holden
     Hostettler
     Houghton
     Hoyer
     Hunter
     Hutchinson
     Hyde
     Inglis
     Jefferson
     Johnson (CT)
     Johnson, Sam
     Jones
     Kaptur
     Kasich
     Kelly
     Kennelly
     Kim
     King
     Kingston
     Klink
     Klug
     Knollenberg
     Kolbe
     LaFalce
     LaHood
     Largent
     Latham
     LaTourette
     Laughlin
     Lazio
     Leach
     Lewis (CA)
     Lewis (KY)
     Lightfoot
     Linder
     Livingston
     LoBiondo
     Longley
     Lucas
     Manzullo
     Martini
     Mascara
     McCollum
     McCrery
     McDade
     McHale
     McHugh
     McInnis
     McIntosh
     McKeon
     Meek
     Meyers
     Mica
     Miller (FL)
     Molinari
     Montgomery
     Moorhead
     Murtha
     Myers
     Myrick
     Nethercutt
     Neumann
     Ney
     Norwood
     Nussle
     Ortiz
     Orton
     Oxley
     Packard
     Parker
     Paxon
     Peterson (FL)
     Petri
     Pickett
     Pombo
     Porter
     Portman
     Pryce
     Quillen
     Quinn
     Radanovich
     Rahall
     Ramstad
     Regula
     Richardson
     Rivers
     Roberts
     Rogers
     Ros-Lehtinen
     Roth
     Roukema
     Royce
     Salmon
     Sanford
     Saxton
     Scarborough
     Schaefer
     Seastrand
     Sensenbrenner
     Shadegg
     Shaw
     Shuster
     Skeen
     Skelton
     Smith (MI)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solomon
     Souder
     Spence
     Stearns
     Stockman

[[Page 1332]]

     Stump
     Talent
     Tanner
     Tate
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Tejeda
     Thomas
     Thornberry
     Tiahrt
     Torkildsen
     Traficant
     Upton
     Visclosky
     Volkmer
     Vucanovich
     Waldholtz
     Walker
     Walsh
     Wamp
     Watts (OK)
     Weldon (FL)
     Weldon (PA)
     Weller
     Whitfield
     Wicker
     Wilson
     Wise
     Wolf
     Wynn
     Young (AK)
     Young (FL)
     Zeliff

                              NOT VOTING--9

     Cardin
     Coburn
     Moakley
     Mollohan
     Reynolds
     Schiff
     Sisisky
     Tucker
     White
  So the amendment was not agreed to.
  The SPEAKER pro tempore, Mr. GOODLATTE, assumed the Chair.
  When Mr. BURTON, Chairman, pursuant to House Resolution 216, reported 
the bill back to the House with an amendment adopted by the Committee.
  The previous question having been ordered by said resolution.
  The following amendment, reported from the Committee of the Whole 
House on the state of the Union, was agreed to:

       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Intelligence Authorization 
     Act for Fiscal Year 1996''.
                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 1996 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Central Intelligence Agency.
       (2) The Department of Defense.
       (3) The Defense Intelligence Agency.
       (4) The National Security Agency.
       (5) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (6) The Department of State.
       (7) The Department of Treasury.
       (8) The Department of Energy.
       (9) The Federal Bureau of Investigation.
       (10) The Drug Enforcement Administration.
       (11) The National Reconnaissance Office.
       (12) The Central Imagery Office.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts and Personnel Ceilings.--The 
     amounts authorized to be appropriated under section 101, and 
     the authorized personnel ceilings as of September 30, 1996, 
     for the conduct of the intelligence and intelligence-related 
     activities of the elements listed in such section, are those 
     specified in the classified Schedule of Authorizations 
     prepared to accompany the bill H.R. 1655 of the 104th 
     Congress.
       (b) Availability of Classified Schedule of 
     Authorizations.--The Schedule of Authorizations shall be made 
     available to the Committees on Appropriations of the Senate 
     and House of Representatives and to the President. The 
     President shall provide for suitable distribution of the 
     Schedule, or of appropriate portions of the Schedule, within 
     the executive branch.

     SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

       (a) Authority for Adjustments.--With the approval of the 
     Director of the Office of Management and Budget, the Director 
     of Central Intelligence may authorize employment of civilian 
     personnel in excess of the number authorized for fiscal year 
     1996 under section 102 when the Director of Central 
     Intelligence determines that such action is necessary to the 
     performance of important intelligence functions, except that 
     the number of personnel employed in excess of the number 
     authorized under such section may not, for any element of the 
     intelligence community, exceed two percent of the number of 
     civilian personnel authorized under such section for such 
     element.
       (b) Notice to Intelligence Committees.--The Director of 
     Central Intelligence shall promptly notify the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives and the Select Committee on Intelligence of 
     the Senate whenever he exercises the authority granted by 
     this section.

     SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Community Management Account of 
     the Director of Central Intelligence for fiscal year 1996 the 
     sum of $80,713,000. Within such amounts authorized, funds 
     identified in the classified Schedule of Authorizations 
     referred to in section 102(a) for the Advanced Research and 
     Development Committee and the Environmental Task Force shall 
     remain available until September 30, 1997.
       (b) Authorized Personnel Levels.--The Community Management 
     Staff of the Director of Central Intelligence is authorized 
     247 full-time personnel as of September 30, 1996. Such 
     personnel of the Community Management Staff may be permanent 
     employees of the Community Management Staff or personnel 
     detailed from other elements of the United States Government.
       (c) Reimbursement.--During fiscal year 1996, any officer or 
     employee of the United States or a member of the Armed Forces 
     who is detailed to the Community Management Staff from 
     another element of the United States Government shall be 
     detailed on a reimbursable basis, except that any such 
     officer, employee or member may be detailed on a 
     nonreimbursable basis for a period of less than one year for 
     the performance of temporary functions as required by the 
     Director of Central Intelligence.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 1996 the sum of $213,900,000.
                     TITLE III--GENERAL PROVISIONS

     SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this Act for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

     SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this Act shall not 
     be deemed to constitute authority for the conduct of any 
     intelligence activity which is not otherwise authorized by 
     the Constitution or the laws of the United States.

     SEC. 303. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE 
                   ACTIVITIES.

       (a) General Provisions.--The National Security Act of 1947 
     (50 U.S.C. 401 et seq.), is amended by adding at the end 
     thereof the following new title:

  ``TITLE IX--APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES

                          ``Stay of Sanctions

       ``Sec. 901. Notwithstanding any provision of law identified 
     in section 904, the President may stay the imposition of an 
     economic, cultural, diplomatic, or other sanction or related 
     action by the United States Government concerning a foreign 
     country, organization, or person when the President 
     determines and reports to Congress in accordance with section 
     903 that to proceed without delay would seriously risk the 
     compromise of an ongoing criminal investigation related to 
     the activities giving rise to the sanction or an intelligence 
     source or method related to the activities giving rise to the 
     sanction. Any such stay shall be effective for a period of 
     time specified by the President, which period may not exceed 
     120 days, unless such period is extended in accordance with 
     section 902.

                          ``extension of stay

       ``Sec. 902. Whenever the President determines and reports 
     to Congress in accordance with section 903 that a stay of 
     sanctions pursuant to section 901 has not afforded sufficient 
     time to obviate the risk to an ongoing criminal investigation 
     or to an intelligence source or method that gave rise to the 
     stay, he may extend such stay for a period of time specified 
     by the President, which period may not exceed 120 days. The 
     authority of this section may be used to extend the period of 
     a stay pursuant to section 901 for successive periods of not 
     more than 120 days each.

                               ``Reports

       ``Sec. 903. Reports to Congress pursuant to sections 901 
     and 902 shall be submitted in a prompt and timely fashion 
     upon determinations under this title. Such reports shall be 
     submitted to the Committee on International Relations of the 
     House of Representatives and the Committee on Foreign 
     Relations of the Senate. With respect to determinations 
     relating to intelligence sources and methods, reports shall 
     also be submitted to the Permanent Select Committee on 
     Intelligence of the House of Representatives and the Select 
     Committee on Intelligence of the Senate. With respect to 
     determinations relating to ongoing criminal investigations, 
     reports shall also be submitted to the Committees on the 
     Judiciary of the House of Representatives and the Senate.

                         ``laws subject to stay

       ``Sec. 904. The President may use the authority of sections 
     901 and 902 to stay the imposition of an economic, cultural, 
     diplomatic, or other sanction or related action by the United 
     States Government concerning a foreign country, organization, 
     or person otherwise required to be imposed by the Chemical 
     and Biological Weapons Control and Warfare Elimination Act of 
     1991 (title III of Public Law 102-182); the Nuclear 
     Proliferation Prevention Act of 1994 (title VIII of Public 
     Law 103-236); title XVII of the National Defense 
     Authorization Act for Fiscal Year 1991 (Public Law 101-510) 
     (relating to the nonproliferation of missile technology); the 
     Iran-Iraq Arms Nonproliferation Act of 1992 (title XVI of 
     Public Law 102-484); and section 573 of the Foreign 
     Operations, Export Financing Related Programs Appropriations 
     Act, 1994 (Public Law 103-87), section 563 of the Foreign 
     Operations, Export Financing Related Programs Appropriations 
     Act, 1995 (Public Law 103-306), and comparable provisions 
     within annual appropriations Acts.

                             ``application

       ``Sec. 905. This title shall cease to be effective on the 
     date which is three years after the date of the enactment of 
     this title.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of such Act is amended by adding at the end thereof 
     the following:

[[Page 1333]]

  ``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.''.

     SEC. 304. THRIFT SAVINGS PLAN FORFEITURE.

       Section 8432(g) of title 5, United States Code, is amended 
     by adding at the end the following new paragraphs:
       ``(5)(A) Notwithstanding any other provision of law, 
     contributions made by the Government for the benefit of an 
     employee or Member under subsection (c), and all earnings 
     attributable to such contributions, shall be forfeited if the 
     annuity of the employee or Member, or that of a survivor or 
     beneficiary, is forfeited under subchapter II of chapter 83.
       ``(B) Forfeitures under this paragraph shall occur only if 
     the offenses upon which the requisite annuity forfeitures are 
     based happened subsequent to the enactment of this 
     paragraph.''.

     SEC. 305. AUTHORITY TO RESTORE SPOUSAL PENSION BENEFITS TO 
                   SPOUSES WHO COOPERATE IN CRIMINAL 
                   INVESTIGATIONS AND PROSECUTIONS FOR NATIONAL 
                   SECURITY OFFENSES.

       Section 8318 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(e) The spouse of an individual whose annuity or retired 
     pay is forfeited under section 8312 or 8313 after the date of 
     enactment of this subsection shall be eligible for spousal 
     pension benefits if the Attorney General of the United States 
     determines that the spouse fully cooperated with Federal 
     authorities in the conduct of a criminal investigation and 
     subsequent prosecution of the individual which resulted in 
     such forfeiture.''.

     SEC. 306. SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES.

       Notwithstanding any other provision of law not specifically 
     referencing this section, a nondisclosure policy form or 
     agreement that is to be executed by a person connected with 
     the conduct of an intelligence or intelligence-related 
     activity, other than an employee or officer of the United 
     States Government, may contain provisions appropriate to the 
     particular activity for which such document is to be used. 
     Such form or agreement shall, at a minimum, require that the 
     person will not disclose any classified information received 
     in the course of such activity unless specifically authorized 
     to do so by the United States Government.

     SEC. 307. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTOMATIC 
                   DECLASSIFICATION OF RECORDS OVER 25 YEARS OLD.

       (a) In General.--Each agency of the National Foreign 
     Intelligence Program shall use no more than $2,500,000 of the 
     amounts authorized to be appropriated by this Act to carry 
     out the provisions of section 3.4 of Executive Order 12958.
       (b) Required Budget Submission.--The President shall submit 
     for fiscal year 1997 and each of the following five years a 
     budget request which specifically sets forth the funds 
     requested for implementation of section 3.4 of Executive 
     Order 12958.

     SEC. 308. COMPLIANCE WITH BUY AMERICAN ACT.

       No funds appropriated pursuant to this Act may be expended 
     by an entity unless the entity agrees that in expending the 
     assistance the entity will comply with sections 2 through 4 
     of the Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly 
     known as the ``Buy American Act'').

     SEC. 309. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

       (a) Purchase of American-Made Equipment and Products.--In 
     the case of any equipment or products that may be authorized 
     to be purchased with financial assistance provided under this 
     Act, it is the sense of the Congress that entities receiving 
     such assistance should, in expending the assistance, purchase 
     only American-made equipment and products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the Secretary of the 
     Treasury shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by the 
     Congress.

     SEC. 310. PROHIBITION OF CONTRACTS.

       If it has been finally determined by a court or Federal 
     agency that any person intentionally affixed a fraudulent 
     label bearing a ``Made in America'' inscription, or any 
     inscription with the same meaning, to any product sold in or 
     shipped to the United States that was not made in the United 
     States, such person shall be ineligible to receive any 
     contract or subcontract made with funds provided pursuant to 
     this Act, pursuant to the debarment, suspension, and 
     ineligibility procedures described in sections 9.400 through 
     9.409 of title 48, Code of Federal Regulations.
                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

     SEC. 401. EXTENSION OF THE CIA VOLUNTARY SEPARATION PAY ACT.

       Section 2(f) of the Central Intelligence Agency Voluntary 
     Separation Pay Act (50 U.S.C. 403-4(f)), is amended by 
     striking out ``September 30, 1997'' and inserting in lieu 
     thereof ``September 30, 1999''.

     SEC. 402. VOLUNTEER SERVICE PROGRAM.

       (a) General Authority.--The Director of Central 
     Intelligence is authorized to establish and maintain a 
     program from fiscal years 1996 through 2001 to utilize the 
     services contributed by not more than 50 annuitants who serve 
     without compensation as volunteers in aid of systematic or 
     mandatory review for declassification or downgrading of 
     classified information of the Central Intelligence Agency 
     under applicable Executive orders governing the 
     classification and declassification of national security 
     information and Public Law 102-526.
       (b) Costs Incidental to Services.--The Director is 
     authorized to use sums made available to the Central 
     Intelligence Agency by appropriations or otherwise for paying 
     the costs incidental to the utilization of services 
     contributed by individuals under subsection (a). Such costs 
     may include (but need not be limited to) training, 
     transportation, lodging, subsistence, equipment, and 
     supplies. The Director may authorize either direct 
     procurement of equipment, supplies, and services, or 
     reimbursement for expenses, incidental to the effective use 
     of volunteers. Such expenses or services shall be in 
     accordance with volunteer agreements made with such 
     individuals. Sums made available for such costs may not 
     exceed $100,000.
       (c) Application of Certain Provisions of Law.--A volunteer 
     under this section shall be considered to be a Federal 
     employee for the purposes of subchapter I of title 81 
     (relating to compensation of Federal employees for work 
     injuries) and section 1346(b) and chapter 171 of title 28 
     (relating to tort claims). A volunteer under this section 
     shall be covered by and subject to the provisions of chapter 
     11 of title 18 of the United States Code as if they were 
     employees or special Government employees depending upon the 
     days of expected service at the time they begin volunteering.
         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

     SEC. 501. DEFENSE INTELLIGENCE SENIOR LEVEL POSITIONS.

       Section 1604 of title 10, United States Code, is amended to 
     read as follows:

     ``Sec. 1604. Civilian personnel management

       ``(a) General Personnel Authority.--The Secretary of 
     Defense may, without regard to the provisions of any other 
     law relating to the number, classification, or compensation 
     of Federal employees--
       ``(1) establish such positions for employees in the Defense 
     Intelligence Agency and the Central Imagery Office as the 
     Secretary considers necessary to carry out the functions of 
     that Agency and Office, including positions designated under 
     subsection (f) as Defense Intelligence Senior Level 
     positions;
       ``(2) appoint individuals to those positions; and
       ``(3) fix the compensation for service in those positions.
       ``(b) Authority To Fix Rates of Basic Pay; Other Allowances 
     and Benefits.--(1) The Secretary of Defense shall, subject to 
     subsection (c), fix the rates of basic pay for positions 
     established under subsection (a) in relation to the rates of 
     basic pay provided in subpart D of part III of title 5 for 
     positions subject to that title which have corresponding 
     levels of duties and responsibilities. Except as otherwise 
     provided by law, an employee of the Defense Intelligence 
     Agency or the Central Imagery Office may not be paid basic 
     pay at a rate in excess of the maximum rate payable under 
     section 5376 of title 5.
       ``(2) The Secretary of Defense may provide employees of the 
     Defense Intelligence Agency and the Central Imagery Office 
     compensation (in addition to basic pay under paragraph (1)) 
     and benefits, incentives, and allowances consistent with, and 
     not in excess of the levels authorized for, comparable 
     positions authorized by title 5.
       ``(c) Prevailing Rates Systems.--The Secretary of Defense 
     may, consistent with section 5341 of title 5, adopt such 
     provisions of that title as provide for prevailing rate 
     systems of basic pay and may apply those provisions to 
     positions in or under which the Defense Intelligence Agency 
     or the Central Imagery Office may employ individuals 
     described by section 5342(a)(2)(A) of such title.
       ``(d) Allowances Based on Living Costs and Environment for 
     Employees Stationed Outside Continental United States or in 
     Alaska.--(1) In addition to the basic compensation payable 
     under subsection (b), employees of the Defense Intelligence 
     Agency and the Central Imagery Office described in paragraph 
     (3) may be paid an allowance, in accordance with regulations 
     prescribed by the Secretary of Defense, at a rate not in 
     excess of the allowance authorized to be paid under section 
     5941(a) of title 5 for employees whose rates of basic pay are 
     fixed by statute.
       ``(2) Such allowance shall be based on--
       ``(A) living costs substantially higher than in the 
     District of Columbia;
       ``(B) conditions of environment which--
       ``(i) differ substantially from conditions of environment 
     in the continental United States; and
       ``(ii) warrant an allowance as a recruitment incentive; or
       ``(C) both of those factors.
       ``(3) This subsection applies to employees who--
       ``(A) are citizens or nationals of the United States; and
       ``(B) are stationed outside the continental United States 
     or in Alaska.
       ``(e) Termination of Employees.--(1) Notwithstanding any 
     other provision of law, the Secretary of Defense may 
     terminate the employment of any employee of the Defense In

[[Page 1334]]

     telligence Agency or the Central Imagery Office if the 
     Secretary--
       ``(A) considers such action to be in the interests of the 
     United States; and
       ``(B) determines that the procedures prescribed in other 
     provisions of law that authorize the termination of the 
     employment of such employee cannot be invoked in a manner 
     consistent with the national security.
       ``(2) A decision by the Secretary of Defense to terminate 
     the employment of an employee under this subsection is final 
     and may not be appealed or reviewed outside the Department of 
     Defense.
       ``(3) The Secretary of Defense shall promptly notify the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives and the Select Committee on Intelligence of 
     the Senate whenever the Secretary terminates the employment 
     of any employee under the authority of this subsection.
       ``(4) Any termination of employment under this subsection 
     shall not affect the right of the employee involved to seek 
     or accept employment with any other department or agency of 
     the United States if that employee is declared eligible for 
     such employment by the Director of the Office of Personnel 
     Management.
       ``(5) The authority of the Secretary of Defense under this 
     subsection may be delegated only to the Deputy Secretary of 
     Defense, the Director of the Defense Intelligence Agency 
     (with respect to employees of the Defense Intelligence 
     Agency), and the Director of the Central Imagery Office (with 
     respect to employees of the Central Imagery Office). An 
     action to terminate employment of an employee by any such 
     officer may be appealed to the Secretary of Defense.
       ``(f) Defense Intelligence Senior Level Positions.--(1) In 
     carrying out subsection (a)(1), the Secretary may designate 
     positions described in paragraph (3) as Defense Intelligence 
     Senior Level positions. The total number of positions 
     designated under this subsection and in the Defense 
     Intelligence Senior Executive Service under section 1601 of 
     this title may not exceed the number of positions in the 
     Defense Intelligence Senior Executive Service as of June 1, 
     1995.
       ``(2) Positions designated under this subsection shall be 
     treated as equivalent for purposes of compensation to the 
     senior level positions to which section 5376 of title 5 is 
     applicable.
       ``(3) Positions that may be designated as Defense 
     Intelligence Senior Level positions are positions in the 
     Defense Intelligence Agency and Central Imagery Office that 
     (A) are classified above the GS-15 level, (B) emphasize 
     functional expertise and advisory activity, but (C) do not 
     have the organizational or program management functions 
     necessary for inclusion in the Defense Intelligence Senior 
     Executive Service.
       ``(4) Positions referred to in paragraph (3) include 
     Defense Intelligence Senior Technical positions and Defense 
     Intelligence Senior Professional positions. For purposes of 
     this subsection--
       ``(A) Defense Intelligence Senior Technical positions are 
     positions covered by paragraph (3) that involve any of the 
     following:
       ``(i) Research and development.
       ``(ii) Test and evaluation.
       ``(iii) Substantive analysis, liaison, or advisory activity 
     focusing on engineering, physical sciences, computer science, 
     mathematics, biology, chemistry, medicine, or other closely 
     related scientific and technical fields.
       ``(iv) Intelligence disciplines including production, 
     collection, and operations in close association with any of 
     the activities described in clauses (i), (ii), and (iii) or 
     related activities; and
       ``(B) Defense Intelligence Senior Professional positions 
     are positions covered by paragraph (3) that emphasize staff, 
     liaison, analytical, advisory, or other activity focusing on 
     intelligence, law, finance and accounting, program and 
     budget, human resources management, training, information 
     services, logistics, security, and other appropriate fields.
       ``(g) `Employee' Defined as Including Officers.--In this 
     section, the term `employee', with respect to the Defense 
     Intelligence Agency or the Central Imagery Office, includes 
     any civilian officer of that Agency or Office.''.

     SEC. 502. COMPARABLE BENEFITS AND ALLOWANCES FOR CIVILIAN AND 
                   MILITARY PERSONNEL ASSIGNED TO DEFENSE 
                   INTELLIGENCE FUNCTIONS OVERSEAS.

       (a) Civilian Personnel.--Section 1605 of title 10, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' after ``(a)'';
       (B) by striking out ``of the Department of Defense'' and 
     all that follows through ``this subsection,'' and inserting 
     in lieu thereof ``described in subsection (d)''; and
       (C) by designating the second sentence as paragraph (2);
       (2) by striking out subsection (c) and inserting in lieu 
     thereof the following:
       ``(c) Regulations prescribed under subsection (a) may not 
     take effect until the Secretary of Defense has submitted such 
     regulations to--
       ``(1) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       ``(2) the Committee on National Security and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.''; and
       (3) by adding at the end the following new subsection:
       ``(d) Subsection (a) applies to civilian personnel of the 
     Department of Defense who--
       ``(1) are United States nationals;
       ``(2) in the case of employees of the Defense Intelligence 
     Agency, are assigned to duty outside the United States and, 
     in the case of other employees, are assigned to Defense 
     Attache Offices or Defense Intelligence Agency Liaison 
     Offices outside the United States; and
       ``(3) are designated by the Secretary of Defense for the 
     purposes of subsection (a).''.
       (b) Military Personnel.--Section 431 of title 37, United 
     States Code, is amended--
       (1) in subsection (a), by striking out ``who are assigned 
     to'' and all that follows through ``of this subsection'' and 
     inserting in lieu thereof ``described in subsection (e)'';
       (2) by striking out subsection (d) and inserting in lieu 
     thereof the following:
       ``(d) Regulations prescribed under subsection (a) may not 
     take effect until the Secretary of Defense has submitted such 
     regulations to--
       ``(1) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       ``(2) the Committee on National Security and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.''; and
       (3) by adding at the end the following new subsection:
       ``(e) Subsection (a) applies to members of the armed forces 
     who--
       ``(1) are assigned--
       ``(A) to Defense Attache Offices or Defense Intelligence 
     Agency Liaison Offices outside the United States; or
       ``(B) to the Defense Intelligence Agency and engaged in 
     intelligence-related duties outside the United States; and
       ``(2) are designated by the Secretary of Defense for the 
     purposes of subsection (a).''.

     SEC. 503. EXTENSION OF AUTHORITY TO CONDUCT INTELLIGENCE 
                   COMMERCIAL ACTIVITIES.

       Section 431(a) of title 10, United States Code, is amended 
     by striking out ``1995'' and inserting in lieu thereof 
     ``1998''.

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

       All funds appropriated for fiscal year 1995 for the Medium 
     Altitude Endurance Unmanned Aerial Vehicle (Tier II) are 
     specifically authorized, within the meaning of section 504 of 
     the National Security Act of 1947 (50 U.S.C. 414), for such 
     purpose.
                     TITLE VI--TECHNICAL AMENDMENTS

     SEC. 601. CLARIFICATION WITH RESPECT TO PAY FOR DIRECTOR OR 
                   DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE 
                   APPOINTED FROM COMMISSIONED OFFICERS OF THE 
                   ARMED FORCES.

       (a) Clarification.--Subparagraph (C) of section 102(c)(3) 
     of the National Security Act of 1947 (50 U.S.C. 403(c)(3)) is 
     amended to read as follows:
       ``(C) A commissioned officer of the Armed Forces on active 
     duty who is appointed to the position of Director or Deputy 
     Director, while serving in such position and while remaining 
     on active duty, shall continue to receive military pay and 
     allowances. Funds from which such pay and allowances are paid 
     shall be reimbursed from funds available to the Director.''.
       (b) Technical Corrections.--(1) Subparagraphs (A) and (B) 
     of such section are amended by striking out ``pursuant to 
     paragraph (2) or (3)'' and inserting in lieu thereof ``to the 
     position of Director or Deputy Director''.
       (2) Subparagraph (B) of such section is amended by striking 
     out ``paragraph (A)'' and inserting in lieu thereof 
     ``subparagraph (A)''.

     SEC. 602. CHANGE OF DESIGNATION OF CIA OFFICE OF SECURITY.

       Section 701(b)(3) of the National Security Act of 1947 (50 
     U.S.C. 431(b)(3)), is amended by striking out ``Office of 
     Security'' and inserting in lieu thereof ``Office of 
     Personnel Security''.

  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title.
  The question being put, viva voce,
  Will the House pass said bill?
  The SPEAKER pro tempore, Mr. GOODLATTE, announced that the yeas had 
it.
  So the bill was passed.
  A motion to reconsider the vote whereby said bill was passed was, by 
unanimous consent, laid on the table.
```