Calendar No. 420
104TH CONGRESS
2D SESSION
H. R. 3259
AN ACT
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 23, 1996
Received; read twice and placed on the calendar
II
Calendar No. 420
104TH CONGRESS
2D SESSION
H. R. 3259
IN THE SENATE OF THE UNITED STATES
MAY 23, 1996
Received; read twice and placed on the calendar
AN ACT
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.
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
fiscal year 1997 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 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 intel-
ligence 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 Presi-
dent. The President shall provide for suitable distribution
of the Schedule, or of appropriate portions of the Sched-
ule, 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 intel-
ligence functions, except that the number of personnel em-
ployed in excess of the number authorized under such sec-
tion may not, for any element of the intelligence commu-
nity, exceed two percent of the number of civilian person-
nel 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 Intel-
ligence 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. With-
in such amounts authorized, funds identified in the classi-
fied Schedule of Authorizations referred to in section
102(a) for the Advanced Research and Development Com-
mittee shall remain available until September 30, 1998.
(b) AUTHORIZED PERSONNEL LEVELS.—The Com-
munity 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 Commu-
nity Management Staff or personnel detailed from other
elements of the United States Government.
(f) ENVIRONMENTAL PROGRAMS.—In addition to
amounts otherwise authorized to be appropriated by this
Act, there is authorized to be appropriated $18,500,000
for the Environmental Intelligence and Applications Pro-
gram, formerly known as the Environmental Task Force,
to remain 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 fiscal 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.
(a) AUTHORIZATION OF APPROPRIATIONS.—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’’.
(b) TRANSFERS.—The second sentence of section
307(a) of the Intelligence Authorization Act for Fiscal
Year 1996 is amended to read as follows: ‘‘Within the
amount authorized to be used by this section, the Director,
consistent with his duty to protect intelligence sources and
methods, may transfer such amounts to the agencies with-
in the National Foreign Intelligence Program for the pur-
pose of automatic declassification of records over 25 years
old.’’.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTEL-
LIGENCE ACTIVITIES.
(a) EXTENSION.—Section 905 of the National Secu-
rity 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
enactment of this title’’ and inserting in lieu thereof ‘‘on
January 6, 1998’’.
(b) FORMAT AMENDMENTS.—Section 904 of such
Act (50 U.S.C. 441c) is amended by striking out ‘‘re-
quired to be imposed by’’ and all that follows and inserting
in lieu thereof ‘‘required to be imposed by any of the fol-
lowing provisions of law:
‘‘(1) The Chemical and Biological Weapons
Control 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 Oper-
ations, Export Financing, and Related Pro-
grams Appropriations Act, 1994 (Public Law
103–87; 107 Stat. 972).
‘‘(B) Section 563 of the Foreign Oper-
ations, Export Financing, and Related Pro-
grams Appropriations Act, 1995 (Public Law
103–306; 108 Stat. 1649).
‘‘(C) Section 552 of the Foreign Oper-
ations, Export Financing, and Related Pro-
grams Appropriations 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
Commissioner of Immigration and Naturalization, an ap-
plicant described in subsection (b) and otherwise eligible
for naturalization may be naturalized without regard to
the residence and physical presence requirements of sec-
tion 316(a) of the Immigration and Nationality Act, or
to the prohibitions of section 313 of such Act, and no resi-
dence within a particular State or district of the Immigra-
tion and Naturalization Service in the United States shall
be required: Provided, That the applicant has resided con-
tinuously, after being lawfully admitted for permanent res-
idence, 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
naturalization 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 dis-
trict court of the United States, without regard to the resi-
dence of the applicant. Proceedings under this subsection
shall be conducted in a manner consistent with the protec-
tion of intelligence 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 hus-
band 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 intelligence activities.
SEC. 306. SEEKING ENFORCEMENT OF THE REQUIREMENT
TO PROTECT THE IDENTITIES OF UNDER-
COVER INTELLIGENCE OFFICERS, AGENTS,
INFORMANTS, AND SOURCES.
It is the sense of the Congress that title VI of the
National Security Act of 1947 (50 U.S.C. 421 et seq.)
(relating to protection of the identities of undercover intel-
ligence officers, agents, informants, and sources) should
be enforced by the appropriate law enforcement agencies.
SEC. 307. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in ex-
pending 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. 308. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts 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 head of
the appropriate element of the Intelligence Community
shall provide to each recipient of the assistance a notice
describing the statement made in subsection (a) by the
Congress.
SEC. 309. 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 in-
scription 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, suspen-
sion, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
SEC. 310. RESTRICTIONS ON INTELLIGENCE SHARING WITH
THE UNITED NATIONS.
(a) IN GENERAL.—The National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at
the end of title I the following new section:
‘‘RESTRICTIONS ON INTELLIGENCE SHARING WITH THE
UNITED NATIONS
‘‘SEC. 110. (a) PROVISION OF INTELLIGENCE INFOR-
MATION
TO
THE UNITED NATIONS.—(1) No United
States intelligence information may be provided to the
United Nations or any organization affiliated with the
United Nations, or to any officials or employees thereof,
unless the President certifies to the appropriate commit-
tees of Congress that the Director of Central Intelligence,
in consultation with the Secretary of State and the Sec-
retary of Defense, has established and implemented proce-
dures, and has worked with the United Nations to ensure
implementation of procedures, for protecting from unau-
thorized disclosure United States intelligence sources and
methods connected to such information.
‘‘(2) Paragraph (1) may be waived upon written cer-
tification by the President to the appropriate committees
of Congress that providing such information to the United
Nations or an organization affiliated with the United Na-
tions, or to any officials or employees thereof, is in the
national security interests of the United States.
‘‘(b) PERIODIC AND SPECIAL REPORTS.—(1) The
President shall report semiannually to the appropriate
committees of Congress on the types and volume of intel-
ligence provided to the United Nations and the purposes
for which it was provided during the period covered by
the report. The President shall also report to the appro-
priate committees of Congress within 15 days after it has
become known to the United States Government that
there has been an unauthorized disclosure of intelligence
provided by the United States to the United Nations.
‘‘(2) The requirement for periodic reports under the
first sentence of paragraph (1) shall not apply to the pro-
vision of intelligence that is provided only to, and for the
use of, appropriately cleared United States Government
personnel serving with the United Nations.
‘‘(c) DELEGATION OF DUTIES.—The President may
not delegate or assign the duties of the President under
this section.
‘‘(d) RELATIONSHIP TO EXISTING LAW.—Nothing in
this section shall be construed to—
‘‘(1) impair or otherwise affect the authority of
the Director of Central Intelligence to protect intel-
ligence sources and methods from unauthorized dis-
closure pursuant to section 103(c)(5); or
‘‘(2) supersede or otherwise affect the provi-
sions of title V.
‘‘(e) DEFINITION.—As used in this section, the term
‘appropriate committees of Congress’ means the Commit-
tee on Foreign Relations and the Select Committee on In-
telligence of the Senate and the Committee on Foreign
Relations and the Permanent Select Committee on Intel-
ligence of the House of Representatives.’’.
(b) CLERICAL AMENDMENT.—The table of contents
for the National Security Act of 1947 is amended by in-
serting after the item relating to section 109 the following:
‘‘Sec. 110. Restrictions on intelligence sharing with the United Nations.’’.
SEC. 
311. 
PROHIBITION 
ON 
USING 
JOURNALISTS 
AS
AGENTS OR ASSETS.
(a) POLICY.—It is the policy of the United States
that an element of the Intelligence Community may not
use as an agent or asset for the purposes of collecting in-
telligence any individual who—
(1) is authorized by contract or by the issuance
of press credentials to represent himself or herself,
either in the United States or abroad, as a cor-
respondent of a United States news media organiza-
tion; or
(2) is officially recognized by a foreign govern-
ment as a representative of a United States media
organization.
(b) WAIVER.—The President may waive subsection
(a) in the case of an individual if the President certifies
in writing that the waiver is necessary to address the over-
riding national security interest of the United States. The
certification shall be made to the Permanent Select Com-
mittee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate.
(c) VOLUNTARY COOPERATION.—Subsection (a) shall
not be construed to prohibit the voluntary cooperation of
any person who is aware that the cooperation is being pro-
vided to an element of the United States Intelligence Com-
munity.
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) Subject to such amounts as may be provided in
advance in appropriations Acts, make alterations, im-
provements, and repairs on premises rented by the Agency
and, for the purpose of furthering the cost-efficient acqui-
sition 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. ELIMINATION OF DOUBLE SURCHARGE ON THE
CENTRAL INTELLIGENCE AGENCY RELATING
TO EMPLOYEES WHO RETIRE OR RESIGN IN
FISCAL YEARS 1998 OR 1999 AND WHO RE-
CEIVE VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.
Section 2(i) of the Central Intelligence Agency Vol-
untary Separation Pay Act (50 U.S.C. 403–4 note) is
amended by adding at the end the following new sentence:
‘‘The remittance required by this subsection shall be in
lieu of any remittance required by section 4(a) of the Fed-
eral Workforce Restructuring Act of 1994 (5 U.S.C. 8331
note).’’.
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
Community personnel reform until the Permanent Select
Committee 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 
AC-
TIVITIES
SEC. 501. STANDARDIZATION FOR CERTAIN DEPARTMENT
OF DEFENSE INTELLIGENCE AGENCIES OF
EXEMPTIONS FROM DISCLOSURE OF ORGANI-
ZATIONAL AND PERSONNEL INFORMATION.
(a) 
CONSOLIDATION
AND
STANDARDIZATION.—
Chapter 21 of title 10, United States Code, is amended
by striking 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 amend-
ed 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.’’.
SEC. 502. TIER III MINUS UNMANNED AERIAL VEHICLE.
In addition to the amounts authorized to be appro-
priated by title I, there is authorized to be appropriated
an additional $22,000,000 for the tier III minus un-
manned aerial vehicle. The Secretary of Defense may not
obligate or expend any of these funds until after the Sec-
retary submits to the Permanent Select Committee on In-
telligence of the House of Representatives and the Select
Committee on Intelligence of the Senate a detailed cost
analysis and report on specifically how these funds will
be used.
TITLE VI—MISCELLANEOUS
PROVISIONS
SEC. 601. AUTHORIZATION OF FUNDING PROVIDED BY 1996
SUPPLEMENTAL APPROPRIATIONS ACT.
Amounts obligated or expended for intelligence or in-
telligence-related activities based on and otherwise in ac-
cordance with the appropriations provided by the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104–134), including any such obligations or
expenditures occurring before the enactment of this Act,
shall be deemed to have been specifically authorized by
the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) and are hereby rati-
fied and confirmed.
Passed the House of Representatives May 22, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By LINDA NAVE
Deputy Clerk.