Union Calendar No. 285
104TH CONGRESS
2D SESSION
H. R. 3259
[Report No. 104–578, Part I]
A BILL
To authorize appropriations for fiscal year 1997 for
intelligence and intelligence-related activities of
the United States Government, the Community
Management Account, and the Central Intel-
ligence Agency Retirement and Disability Sys-
tem, and for other purposes.
MAY 16, 1996
Committee on National Security discharged; committed
to the Committee of the Whole House on the State of
the Union and ordered to be printed
IB
Union Calendar No. 285
104TH CONGRESS
2D SESSION
H. R. 3259
[Report No. 104–578, Part I]
To authorize appropriations for fiscal year 1997 for intelligence and intel-
ligence-related activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence Agency Retire-
ment and Disability System, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 17, 1996
Mr. COMBEST introduced the following bill; which was referred to the
Permanent Select Committee on Intelligence
MAY 15, 1996
Reported from the Permanent Select Committee on Intelligence with an
amendment and referred to the Committee on National Security for a pe-
riod ending not later than May 16, 1996, for consideration of such provi-
sions 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]
MAY 16, 1996
Committee on National Security discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April 17, 1996]
A BILL
To authorize appropriations for fiscal year 1997 for intel-
ligence and intelligence-related activities of the United
States Government, the Community Management Ac-
count, and the Central Intelligence Agency Retirement
and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Intelligence Authoriza-
tion Act for Fiscal Year 1997’’.
TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 1997 for the conduct of the intelligence and intel-
ligence-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 Depart-
ment of the Navy, and the Department of the Air
Force.
(6) The Department of State.
(7) The Department of the 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, 1997, 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. 3259
of the 104th Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—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 ap-
proval 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 1997 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 Di-
rector of Central Intelligence shall promptly notify the Per-
manent 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 Intelligence Commu-
nity Management Account of the Director of Central Intel-
ligence for fiscal year 1997 the sum of $93,616,000. 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 shall
remain available until September 30, 1998.
(b) AUTHORIZED PERSONNEL LEVELS.—The Commu-
nity Management Staff of the Director of Central Intel-
ligence is authorized 273 full-time personnel as of Septem-
ber 30, 1997. Such personnel of the Community Manage-
ment 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 1997, any
officer or employee of the United States or a member of the
Armed Forces who is detailed to the Community Manage-
ment Staff from another element of the United States Gov-
ernment 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.
(d) DECLASSIFICATION.—In addition to amounts oth-
erwise authorized to be appropriated by this Act, there is
authorized to be appropriated $25,000,000 for the National
Foreign Intelligence Program for the purposes of carrying
out the provisions of section 3.4 of Executive Order 12958,
dated April 17, 1995.
(e) NATIONAL DRUG INTELLIGENCE CENTER.—In ad-
dition to amounts otherwise authorized to be appropriated
by this Act, there is authorized to be appropriated
$32,076,000 for the National Drug Intelligence Center lo-
cated in Johnstown, Pennsylvania. Amounts appropriated
for such center may not be used in contravention of the pro-
visions of section 103(d)(1) of the National Security Act
of 1947 (50 U.S.C. 403–3(d)(1)). The National Drug Intel-
ligence Center is authorized 35 full-time personnel as of
September 30, 1997.
(f) ENVIRONMENTAL
PROGRAMS.—In addition to
amounts otherwise authorized to be appropriated by this
Act, there is authorized to be appropriated $6,000,000 for
the Environmental Intelligence and Applications Program,
formerly known as the Environmental Task Force, to re-
main available until September 30, 1998.
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fis-
cal year 1997 the sum of $194,400,000.
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. LIMITATION ON AVAILABILITY OF FUNDS FOR
AUTOMATIC DECLASSIFICATION OF RECORDS
OVER 25 YEARS OLD.
Section 307 of the Intelligence Authorization Act for
Fiscal Year 1996 (109 Stat. 966) is amended by striking
out ‘‘fiscal year 1996 by this Act’’ in subsection (a) and
inserting in lieu thereof ‘‘any of the fiscal years 1996
through 2000’’.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTEL-
LIGENCE ACTIVITIES.
(a) EXTENSION.—Section 905 of the National Security
Act of 1947 (50 U.S.C. 441d) is amended by striking out
‘‘on the date which is one year after the date of the enact-
ment of this title’’ and inserting in lieu thereof ‘‘on Janu-
ary 6, 1998’’.
(b) FORMAT AMENDMENTS.—Section 904 of such Act
(50 U.S.C. 441c) is amended by striking out ‘‘required to
be imposed by’’ and all that follows and inserting in lieu
thereof ‘‘required to be imposed by any of the following pro-
visions of law:
‘‘(1) The Chemical and Biological Weapons Con-
trol and Warfare Elimination Act of 1991 (title III
of Public Law 102–182).
‘‘(2) The Nuclear Proliferation Prevention Act of
1994 (title VIII of Public Law 103–236).
‘‘(3) Section 11B of the Export Administration
Act of 1979 (50 U.S.C. App. 2410b).
‘‘(4) Chapter 7 of the Arms Export Control Act
(22 U.S.C. 2797 et seq.).
‘‘(5) The Iran-Iraq Arms Non-Proliferation Act
of 1992 (title XVI of Public Law 102–484).
‘‘(6) The following provisions of annual appro-
priations Acts:
‘‘(A) Section 573 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 1994 (Public Law 103–87; 107
Stat. 972).
‘‘(B) Section 563 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 1995 (Public Law 103–306;
108 Stat. 1649).
‘‘(C) Section 552 of the Foreign Operations,
Export Financing, and Related Programs Ap-
propriations Act, 1996 (Public Law 104–107;
110 Stat. 741).
‘‘(7) Comparable provisions.’’.
SEC. 305. EXPEDITED NATURALIZATION.
(a) IN GENERAL.—With the approval of the Director
of Central Intelligence, the Attorney General, and the Com-
missioner of Immigration and Naturalization, an appli-
cant described in subsection (b) and otherwise eligible for
naturalization may be naturalized without regard to the
residence and physical presence requirements of section
316(a) of the Immigration and Nationality Act, or to the
prohibitions of section 313 of such Act, and no residence
within a particular State or district of the Immigration
and Naturalization Service in the United States shall be
required: Provided, That the applicant has resided continu-
ously, after being lawfully admitted for permanent resi-
dence, within the United States for at least one year prior
to naturalization: Provided further, That the provisions of
this section shall not apply to any alien described in sub-
paragraphs (A) through (D) of section 243(h)(2) of such
Act.
(b) ELIGIBLE APPLICANT.—An applicant eligible for
naturalization under this section is the spouse or child of
a deceased alien whose death resulted from the intentional
and unauthorized disclosure of classified information re-
garding the alien’s participation in the conduct of United
States intelligence activities.
(c) ADMINISTRATION OF OATH.—An applicant for nat-
uralization under this section may be administered the oath
of allegiance under section 337(a) of the Immigration and
Nationality Act by the Attorney General or any district
court of the United States, without regard to the residence
of the applicant. Proceedings under this subsection shall be
conducted in a manner consistent with the protection of in-
telligence sources, methods, and activities.
(d) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘child’’ means a child as defined in
subparagraphs (A) through (E) of section 101(b)(1) of
the Immigration and Nationality Act, without regard
to age or marital status; and
(2) the term ‘‘spouse’’ means the wife or husband
of a deceased alien referred to in subsection (b) who
was married to such alien during the time the alien
participated in the conduct of United States intel-
ligence activities.
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. MULTIYEAR LEASING AUTHORITY.
Section 5(e) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f(e)) is amended to read as follows:
‘‘(e) Make alterations, improvements, and repairs on
premises rented by the Agency and, for the purpose of fur-
thering the cost-efficient acquisition of Agency facilities,
enter into multiyear leases for up to 15 years that are not
otherwise authorized pursuant to section 8 of this Act; and’’.
SEC. 402. REPEAL OF ADDITIONAL SURCHARGE RELATING
TO EMPLOYEES WHO RETIRE OR RESIGN IN
FISCAL YEARS 1998 OR 1999 AND WHO RE-
CEIVE VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.
Section 2 of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 403–4 note) is amended by
striking out subsection (i).
SEC. 403. IMPLEMENTATION OF INTELLIGENCE COMMU-
NITY PERSONNEL REFORMS.
None of the amounts authorized to be appropriated by
this Act may be used to implement any Intelligence Com-
munity personnel reform until the Permanent Select Com-
mittee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate are fully
briefed on such personnel reform.
TITLE V—DEPARTMENT OF DE-
FENSE INTELLIGENCE ACTIVI-
TIES
SEC. 501. STANDARDIZATION FOR CERTAIN DEPARTMENT
OF DEFENSE INTELLIGENCE AGENCIES OF
EXEMPTIONS FROM DISCLOSURE OF ORGANI-
ZATIONAL AND PERSONNEL INFORMATION.
(a) CONSOLIDATION AND STANDARDIZATION.—Chap-
ter 21 of title 10, United States Code, is amended by strik-
ing out sections 424 and 425 and inserting in lieu thereof
the following:
‘‘§ 424. Disclosure of organizational and personnel in-
formation: exemption for the Defense In-
telligence Agency and National Recon-
naissance Office
‘‘(a) EXEMPTION FROM DISCLOSURE.—Except as re-
quired by the President or as provided in subsection (b),
no provision of law shall be construed to require the disclo-
sure of—
‘‘(1) the organization or any function of the De-
fense Intelligence Agency or the National Reconnais-
sance Office; or
‘‘(2) the number of persons employed by or as-
signed or detailed to that Agency or Office or the
name, official title, occupational series, grade, or sal-
ary of any such person.
‘‘(b) PROVISION OF INFORMATION TO CONGRESS.—
Subsection (a) does not apply with respect to the provision
of information to Congress.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter I of such chapter is amended
by striking out the items relating to sections 424 and 425
and inserting in lieu thereof the following:
‘‘424. Disclosure of organizational and personnel information: exemption for the
Defense Intelligence Agency and National Reconnaissance
Office.’’.