H. R. 3259
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
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 Intelligence Agency Retirement and Disability System,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence
Authorization Act for Fiscal Year 1997’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Limitation on availability of funds for automatic declassification of
records over 25 years old.
Sec. 304. Application of sanctions laws to intelligence activities.
Sec. 305. Expedited naturalization.
Sec. 306. Sense of Congress on enforcement of requirement to protect the identities
of undercover intelligence officers, agents, informants, and sources.
Sec. 307. Sense of Congress on intelligence community contracting.
Sec. 308. Restrictions on intelligence sharing with the United Nations.
Sec. 309. Prohibition on using journalists as agents or assets.
Sec. 310. Report on policy of intelligence community regarding the protection of the
national information infrastructure against attack.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Elimination of double surcharge on Central Intelligence Agency relating
to employees who retire or resign in fiscal years 1998 or 1999 and who
receive voluntary separation incentive payments.
Sec. 402. Post-employment restrictions.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Executive branch oversight of budgets of elements of the intelligence
community.
TITLE VI—FEDERAL BUREAU OF INVESTIGATION
Sec. 601. Access to telephone records.
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TITLE VII—COMBATTING PROLIFERATION
Sec. 701. Short title.
Subtitle A—Assessment of Organization and Structure of Government for
Combatting Proliferation
Sec. 711. Establishment of commission.
Sec. 712. Duties of commission.
Sec. 713. Powers of commission.
Sec. 714. Commission personnel matters.
Sec. 715. Termination of commission.
Sec. 716. Definition.
Sec. 717. Payment of commission expenses.
Subtitle B—Other Matters
Sec. 721. Reports on acquisition of technology relating to weapons of mass
destruction and advanced conventional munitions.
TITLE VIII—RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES
Sec. 801. Short title.
Sec. 802. Committee on Foreign Intelligence.
Sec. 803. Annual reports on intelligence.
Sec. 804. Transnational threats.
Sec. 805. Overall management of central intelligence.
Sec. 806. National Intelligence Council.
Sec. 807. Enhancement of authority of Director of Central Intelligence to manage
budget, personnel, and activities of intelligence community.
Sec. 808. Responsibilities of Secretary of Defense pertaining to the National
Foreign Intelligence Program.
Sec. 809. Improvement of intelligence collection.
Sec. 810. Improvement of analysis and production of intelligence.
Sec. 811. Improvement of administration of intelligence activities.
Sec. 812. Pay level of Deputy Director of Central Intelligence for Community Man-
agement and Assistant Directors of Central Intelligence.
Sec. 813. General Counsel of the Central Intelligence Agency.
Sec. 814. Assistance for law enforcement agencies by intelligence community.
Sec. 815. Appointment of officials responsible for intelligence-related activities.
Sec. 816. Study on the future of intelligence collection.
Sec. 817. Intelligence Reserve Corps.
TITLE IX—FINANCIAL MATTERS
Sec. 901. Authorization of funding provided by 1996 supplemental appropriations
Act.
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 Govern-
ment:
(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 National Imagery and Mapping Agency.
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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
conference report on the bill H.R. 3259 of the One Hundred Fourth
Congress.
(b) AVAILABILITY
OF CLASSIFIED SCHEDULE
OF AUTHORIZA-
TIONS.—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 1997
under section 102 when the Director of Central Intelligence deter-
mines 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) AUTHORIZATIONS OF APPROPRIATIONS.—There is authorized
to be appropriated for the Community Management Account of
the Director of Central Intelligence for fiscal year 1997 the sum
of $131,116,000. Within such amount, funds identified in the classi-
fied 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 staff of the Commu-
nity Management Account of the Director of Central Intelligence
is authorized 303 full-time personnel as of September 30, 1997.
Such personnel of the Community Management Staff may be perma-
nent 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 member of the Armed Forces
who is detailed to the staff of the Community Management Account
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 non-reimbursable basis
for a period of less than one year for the performance of temporary
functions as required by the Director of Central Intelligence.
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(d) NATIONAL DRUG INTELLIGENCE CENTER.—(1) Of the amount
authorized to be appropriated in subsection (a), $27,000,000 shall
be available for the National Drug Intelligence Center located in
Johnstown, Pennsylvania.
(2) The Director of Central Intelligence shall transfer to the
Attorney General funds available for the National Drug Intelligence
Center under paragraph (1). The Attorney General shall utilize
funds so transferred for the activities of the Center.
(3) Amounts available for the Center may not be used in con-
travention of the provisions of section 103(d)(1) of the National
Security Act of 1947 (50 U.S.C. 403–3(d)(1)).
(4) Notwithstanding any other provision of law, the Attorney
General shall retain full authority over the operations of the Center.
(e) ENVIRONMENTAL PROGRAMS.—Of the amount authorized to
be appropriated in subsection (a), $18,000,000 shall be available
for the Environmental Intelligence and Applications Program,
formerly known as the Environmental Task Force, and remain
available until September 30, 1998.
TITLE 
II—CENTRAL 
INTELLIGENCE
AGENCY 
RETIREMENT 
AND
DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 1997
the sum of $184,200,000.
TITLE III—GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retire-
ment, 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.
Of the amounts authorized to be appropriated for fiscal year
1997 by this Act for the National Foreign Intelligence Program,
not more than $27,200,000 shall be available to carry out the
provisions of section 3.4 of Executive Order 12958.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES.
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
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after the date of the enactment of this title’’ and inserting in
lieu thereof ‘‘on January 6, 1998’’.
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 applicant described in sub-
section (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.
(b) ELIGIBLE APPLICANT.—An applicant eligible for naturaliza-
tion under this section is the spouse or child of a deceased alien
whose death resulted from the intentional and unauthorized disclo-
sure of classified information regarding the alien’s participation
in the conduct of United States intelligence activities and who—
(1) has resided continuously, after being lawfully admitted
for permanent residence, within the United States for at least
one year prior to naturalization; and
(2) is not described in subparagraph (A), (B), (C), or (D)
of section 243(h)(2) of such Act.
(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 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 intelligence sources, methods, and activities.
(d) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘child’’ means a child as defined in subpara-
graphs (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 intelligence activities.
SEC. 306. SENSE OF CONGRESS ON ENFORCEMENT OF REQUIREMENT
TO 
PROTECT 
THE 
IDENTITIES 
OF 
UNDERCOVER
INTELLIGENCE OFFICERS, AGENTS, INFORMANTS, AND
SOURCES.
It is the sense of 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 intelligence officers, agents, informants,
and sources) should be enforced by the appropriate law enforcement
agencies.
SEC. 307. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY
CONTRACTING.
It is the sense of Congress that the Director of Central Intel-
ligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security
interests of the United States and consistent with the operational
and security concerns related to the conduct of intelligence activi-
ties, and where fiscally sound, should award contracts in a manner
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that would maximize the procurement of products properly
designated as having been made in the United States.
SEC. 308. 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 INFORMATION TO
THE UNITED NATIONS.—(1) No United States intelligence informa-
tion 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 committees
of Congress that the Director of Central Intelligence, in consultation
with the Secretary of State and the Secretary of Defense, has
established and implemented procedures, and has worked with
the United Nations to ensure implementation of procedures, for
protecting from unauthorized disclosure United States intelligence
sources and methods connected to such information.
‘‘(2) Paragraph (1) may be waived upon written certification
by the President to the appropriate committees of Congress that
providing such information to the United Nations or an organization
affiliated with the United Nations, 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 intelligence 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 appropriate 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 sen-
tence of paragraph (1) shall not apply to the provision 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 intelligence sources and
methods from unauthorized disclosure pursuant to section
103(c)(6) of this Act; or
‘‘(2) supersede or otherwise affect the provisions of title
V of this Act.
‘‘(e) DEFINITION.—As used in this section, the term ‘appropriate
committees of Congress’ means the Committee on Foreign Relations
and the Select Committee on Intelligence of the Senate and the
Committee on Foreign Relations and the Permanent Select Commit-
tee on Intelligence of the House of Representatives.’’.
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(b) CLERICAL AMENDMENT.—The table of contents for the
National Security Act of 1947 is amended by inserting after the
item relating to section 109 the following:
‘‘Sec. 110. Restrictions on intelligence sharing with the United Nations.’’.
SEC. 309. 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 intelligence 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 correspondent of a United States news
media organization; or
(2) is officially recognized by a foreign government as a
representative of a United States media organization.
(b) WAIVER.—Pursuant to such procedures as the President
may prescribe, the President or the Director of Central Intelligence
may waive subsection (a) in the case of an individual if the President
or the Director, as the case may be, makes a written determination
that the waiver is necessary to address the overriding national
security interest of the United States. The Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate shall be notified
of any waiver under this subsection.
(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 provided to an element
of the United States Intelligence Community.
SEC. 310. REPORT ON POLICY OF INTELLIGENCE COMMUNITY
REGARDING 
THE 
PROTECTION 
OF 
THE 
NATIONAL
INFORMATION INFRASTRUCTURE AGAINST ATTACK.
(a) REPORT.—(1) Not later than 120 days after the date of
the enactment of this Act, the Director of Central Intelligence
shall submit to Congress a report on the potential responses of
the intelligence community to threats to and attacks upon the
information infrastructure of the United States by foreign countries,
groups, or individuals, or by other entities, groups, or individuals.
(2) The report shall include the following:
(A) An analysis of the threats posed to the information
infrastructure of the United States by information warfare
and other forms of non-traditional attacks on the infrastructure
by foreign countries, groups, or individuals, or by other entities,
groups, or individuals.
(B) A description and assessment of the counterintelligence
activities required to respond to such threats, including the
plans of the intelligence community to support such activities.
(b) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘intelligence community’’ has the meaning
given such term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)).
(2) The term ‘‘information infrastructure of the United
States’’ includes the information infrastructure of the public
sector and of the private sector.
H. R. 3259—8
TITLE IV—CENTRAL INTELLIGENCE
AGENCY
SEC. 401. ELIMINATION OF DOUBLE SURCHARGE ON CENTRAL
INTELLIGENCE AGENCY RELATING TO EMPLOYEES WHO
RETIRE OR RESIGN IN FISCAL YEARS 1998 OR 1999 AND
WHO RECEIVE VOLUNTARY SEPARATION INCENTIVE
PAYMENTS.
Section 2(i) of the Central Intelligence Agency Voluntary Sepa-
ration Pay Act (50 U.S.C. 403–4 note) is amended by adding at
the end the following: ‘‘The remittance required by this subsection
shall be in lieu of any remittance required by section 4(a) of the
Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).’’.
SEC. 402. POST-EMPLOYMENT RESTRICTIONS.
(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Director of Central Intelligence shall
prescribe regulations requiring each employee of the Central Intel-
ligence Agency designated by the Director for such purpose to
sign a written agreement restricting the activities of the employee
upon ceasing employment with the Central Intelligence Agency.
The Director may designate a group or class of employees for
such purpose.
(b) AGREEMENT ELEMENTS.—The regulations shall provide that
an agreement contain provisions specifying that the employee
concerned not represent or advise the government, or any political
party, of any foreign country during the three-year period beginning
on the cessation of the employee’s employment with the Central
Intelligence Agency unless the Director determines that such rep-
resentation or advice would be in the best interests of the United
States.
(c) DISCIPLINARY ACTIONS.—The regulations shall specify appro-
priate disciplinary actions (including loss of retirement benefits)
to be taken against any employee determined by the Director of
Central Intelligence to have violated the agreement of the employee
under this section.
TITLE V—DEPARTMENT OF DEFENSE
INTELLIGENCE ACTIVITIES
SEC. 501. EXECUTIVE BRANCH OVERSIGHT OF BUDGETS OF ELEMENTS
OF THE INTELLIGENCE COMMUNITY.
(a) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report setting forth the actions that
have been taken to ensure adequate oversight by the executive
branch of the budget of the National Reconnaissance Office and
the budgets of other elements of the intelligence community within
the Department of Defense.
(b) REPORT ELEMENTS.—The report required by subsection
(a) shall—
(1) describe the extent to which the elements of the intel-
ligence community carrying out programs and activities in the
National 
Foreign 
Intelligence 
Program 
are 
subject 
to
H. R. 3259—9
requirements imposed on other elements and components of
the Department of Defense under the Chief Financial Officers
Act of 1990 (Public Law 101–576), and the amendments made
by that Act, and the Federal Financial Management Act of
1994 (title IV of Public Law 103–356), and the amendments
made by that Act;
(2) describe the extent to which such elements submit
to the Office of Management and Budget budget justification
materials and execution reports similar to the budget justifica-
tion materials and execution reports submitted to the Office
of Management and Budget by the non-intelligence components
of the Department of Defense;
(3) describe the extent to which the National Reconnais-
sance Office submits to the Office of Management and Budget,
the Community Management Staff, and the Office of the Sec-
retary of Defense—
(A) complete information on the cost, schedule,
performance, and requirements for any new major acquisi-
tion before initiating the acquisition;
(B) yearly reports (including baseline cost and schedule
information) on major acquisitions;
(C) planned and actual expenditures in connection with
major acquisitions; and
(D) variances from any cost baselines for major acquisi-
tions (including explanations of such variances); and
(4) assess the extent to which the National Reconnaissance
Office has submitted to Office of Management and Budget,
the Community Management Staff, and the Office of the Sec-
retary of Defense on a monthly basis a detailed budget execu-
tion report similar to the budget execution report prepared
for Department of Defense programs.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘appropriate congressional committees’’ means
the following:
(A) The Select Committee on Intelligence and the
Committee on Armed Services of the Senate.
(B) The Permanent Select Committee on Intelligence
and the Committee on National Security of the House
of Representatives.
(2) The term ‘‘National Foreign Intelligence Program’’ has
the meaning given such term in section 3(6) of the National
Security Act of 1947 (50 U.S.C. 401a(6)).
TITLE VI—FEDERAL BUREAU OF
INVESTIGATION
SEC. 601. ACCESS TO TELEPHONE RECORDS.
(a) ACCESS
FOR
COUNTERINTELLIGENCE
PURPOSES.—Section
2709(b)(1) of title 18, United States Code, is amended by inserting
‘‘local and long distance’’ before ‘‘toll billing records’’.
(b) CONFORMING AMENDMENT.—Section 2703(c)(1)(C) of such
title is amended by inserting ‘‘local and long distance’’ after
‘‘address,’’.
(c) CIVIL REMEDY.—Section 2707 of such title is amended—
(1) in subsection (a), by striking out ‘‘customer’’ and insert-
ing in lieu thereof ‘‘other person’’;
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(2) in subsection (c), by adding at the end the following:
‘‘If the violation is willful or intentional, the court may assess
punitive damages. In the case of a successful action to enforce
liability under this section, the court may assess the costs
of the action, together with reasonable attorney fees determined
by the court.’’;
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(4) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a court deter-
mines that any agency or department of the United States has
violated this chapter and the court finds that the circumstances
surrounding the violation raise the question whether or not an
officer or employee of the agency or department acted willfully
or intentionally with respect to the violation, the agency or depart-
ment concerned shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the officer
or employee.’’.
TITLE VII—COMBATTING
PROLIFERATION
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Combatting Proliferation of
Weapons of Mass Destruction Act of 1996’’.
Subtitle A—Assessment of Organization
and 
Structure 
of 
Government 
for
Combatting Proliferation
SEC. 711. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is established a commission to be
known as the Commission to Assess the Organization of the Federal
Government to Combat the Proliferation of Weapons of Mass
Destruction (in this subtitle referred to as the ‘‘Commission’’).
(b) MEMBERSHIP.—The Commission shall be composed of eight
members of whom—
(1) four shall be appointed by the President;
(2) one shall be appointed by the Majority Leader of the
Senate;
(3) one shall be appointed by the Minority Leader of the
Senate;
(4) one shall be appointed by the Speaker of the House
of Representatives; and
(5) one shall be appointed by the Minority Leader of the
House of Representatives.
(c) QUALIFICATIONS OF MEMBERS.—(1) To the maximum extent
practicable, the individuals appointed as members of the Commis-
sion shall be individuals who are nationally recognized for expertise
regarding—
(A) the nonproliferation of weapons of mass destruction;
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(B) the efficient and effective implementation of United
States nonproliferation policy; or
(C) the implementation, funding, or oversight of the
national security policies of the United States.
(2) An official who appoints members of the Commission may
not appoint an individual as a member if, in the judgment of
the official, the individual possesses any personal or financial
interest in the discharge of any of the duties of the Commission.
(d) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled in the
same manner as the original appointment.
(e) INITIAL MEETING.—Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold its first meeting.
(f) QUORUM.—A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) CHAIRMAN
AND VICE CHAIRMAN.—The Commission shall
select a Chairman and Vice Chairman from among its members.
(h) MEETINGS.—The Commission shall meet at the call of the
Chairman.
SEC. 712. DUTIES OF COMMISSION.
(a) STUDY.—
(1) IN
GENERAL.—The Commission shall carry out a
thorough study of the organization of the Federal Government,
including the elements of the intelligence community, with
respect to combatting the proliferation of weapons of mass
destruction.
(2) SPECIFIC REQUIREMENTS.—In carrying out the study,
the Commission shall—
(A) assess the current structure and organization of
the departments and agencies of the Federal Government
having responsibilities for combatting the proliferation of
weapons of mass destruction; and
(B) 
assess 
the 
effectiveness 
of 
United 
States
cooperation with foreign governments with respect to non-
proliferation activities, including cooperation—
(i) between elements of the intelligence community
and elements of the intelligence-gathering services of
foreign governments;
(ii) between other departments and agencies of
the Federal Government and the counterparts to such
departments and agencies in foreign governments; and
(iii) between the Federal Government and inter-
national organizations.
(3) ASSESSMENTS.—In making the assessments under para-
graph (2), the Commission should address—
(A) the organization of the export control activities
(including licensing and enforcement activities) of the Fed-
eral Government relating to the proliferation of weapons
of mass destruction;
(B) arrangements for coordinating the funding of
United States nonproliferation activities;
(C) existing arrangements governing the flow of
information among departments and agencies of the
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Federal Government responsible for nonproliferation activi-
ties;
(D) the effectiveness of the organization and function
of interagency groups in ensuring implementation of United
States treaty obligations, laws, and policies with respect
to nonproliferation;
(E) the administration of sanctions for purposes of
nonproliferation, including the measures taken by depart-
ments and agencies of the Federal Government to
implement, assess, and enhance the effectiveness of such
sanctions;
(F) the organization, management, and oversight of
United States counterproliferation activities;
(G) the recruitment, training, morale, expertise, reten-
tion, and advancement of Federal Government personnel
responsible for the nonproliferation functions of the Federal
Government, including any problems in such activities;
(H) the role in United States nonproliferation activities
of the National Security Council, the Office of Management
and Budget, the Office of Science and Technology Policy,
and other offices in the Executive Office of the President
having responsibilities for such activities;
(I) the organization of the activities of the Federal
Government to verify government-to-government assur-
ances and commitments with respect to nonproliferation,
including assurances regarding the future use of commod-
ities exported from the United States; and
(J) the costs and benefits to the United States of
increased centralization and of decreased centralization in
the administration of the nonproliferation activities of the
Federal Government.
(b) RECOMMENDATIONS.—In conducting the study, the Commis-
sion shall develop recommendations on means of improving the
effectiveness of the organization of the departments and agencies
of the Federal Government in meeting the national security
interests of the United States with respect to the proliferation
of weapons of mass destruction. Such recommendations shall
include specific recommendations to eliminate duplications of effort,
and other inefficiencies, in and among such departments and
agencies.
(c) REPORT.—(1) Not later than 18 months after the date of
the enactment of this Act, the Commission shall submit to Congress
a report containing a detailed statement of the findings and conclu-
sions of the Commission, together with its recommendations for
such legislation and administrative actions as it considers appro-
priate.
(2) The report shall be submitted in unclassified form, but
may include a classified annex.
SEC. 713. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry out
the purposes of this subtitle.
(b) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—The Commission may secure directly from
any Federal department or agency such information as the
H. R. 3259—13
Commission considers necessary to carry out the provisions
of this subtitle. Upon request of the Chairman of the Commis-
sion, the head of such department or agency shall furnish
such information to the Commission.
(2) CLASSIFIED
INFORMATION.—A department or agency
may furnish the Commission classified information under this
subsection. The Commission shall take appropriate actions to
safeguard classified information furnished to the Commission
under this paragraph.
(c) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(d) GIFTS.—The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 714. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Each member of the Commis-
sion who is not an officer or employee of the Federal Government
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which such member is
engaged in the performance of the duties of the Commission. All
members of the Commission who are officers or employees of the
United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(b) TRAVEL EXPENSES.—The members of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(c) STAFF.—
(1) IN GENERAL.—The Chairman of the Commission may,
without regard to the civil service laws and regulations, appoint
and terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties. The employment of an executive director
shall be subject to confirmation by the Commission.
(2) COMPENSATION.—The Chairman of the Commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay
rates, except that the rate of pay for the executive director
and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Govern-
ment employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(e) 
PROCUREMENT
OF
TEMPORARY
AND
INTERMITTENT
SERVICES.—The Chairman of the Commission may procure tem-
porary and intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals which do not exceed
the daily equivalent of the annual rate of basic pay prescribed
H. R. 3259—14
for level V of the Executive Schedule under section 5316 of such
title.
SEC. 715. TERMINATION OF COMMISSION.
The Commission shall terminate 60 days after the date on
which the Commission submits its report under section 712(c).
SEC. 716. DEFINITION.
For purposes of this subtitle, the term ‘‘intelligence community’’
shall have the meaning given such term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 717. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, per diem allowances of
members and employees of the Commission, and other expenses
of the Commission shall be paid out of funds available to the
Director of Central Intelligence for the payment of compensation,
travel allowances, and per diem allowances, respectively, of
employees of the Central Intelligence Agency.
Subtitle B—Other Matters
SEC. 721. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO
WEAPONS OF MASS DESTRUCTION AND ADVANCED
CONVENTIONAL MUNITIONS.
(a) REPORTS.—Not later than 6 months after the date of the
enactment of this Act, and every 6 months thereafter, the Director
of Central Intelligence shall submit to Congress a report on—
(1) the acquisition by foreign countries during the preceding
6 months of dual-use and other technology useful for the devel-
opment or production of weapons of mass destruction (including
nuclear weapons, chemical weapons, and biological weapons)
and advanced conventional munitions; and
(2) trends in the acquisition of such technology by such
countries.
(b) FORM OF REPORTS.—The reports submitted under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.
TITLE VIII—RENEWAL AND REFORM OF
INTELLIGENCE ACTIVITIES
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Intelligence Renewal and Reform
Act of 1996’’.
SEC. 802. COMMITTEE ON FOREIGN INTELLIGENCE.
Section 101 of the National Security Act of 1947 (50 U.S.C.
402) is amended—
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following new sub-
section (h):
‘‘(h)(1) There is established within the National Security
Council a committee to be known as the Committee on Foreign
Intelligence (in this subsection referred to as the ‘Committee’).
‘‘(2) The Committee shall be composed of the following: