[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1655 Referred in Senate (RFS)]
1st Session
H. R. 1655
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14 (legislative day, September 5), 1995
Received; read twice and referred to the Select Committee on
Intelligence
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 1996 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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:
``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 Intelligence 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''.
Passed the House of Representatives September 13, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
HR 1655 RFS----2