[House Report 104-241]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-241
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            PROVIDING FOR THE CONSIDERATION OF H.R. 1655, 
 
         INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1996

                                _______


 September 7, 1995.--Referred to the House Calendar and ordered to be 
                                printed

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     Mr. Goss, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 216]

    The Committee on Rules, having had under consideration 
House Resolution 216, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

               brief summary of provisions of resolution

    The resolution provides for the consideration of H.R. 1655, 
the Intelligence Authorization Act for Fiscal Year 1996 under a 
modified open rule. The rule provides one hour of general 
debate divided equally between the chairman and ranking 
minority member of the Permanent Select Committee on 
Intelligence.
    The rule waives section 302(f) (prohibiting consideration 
of legislation which exceeds a committee's allocation of new 
entitlement authority), section 308(a) (requiring a cost 
estimate in the committee report on new entitlement authority) 
and section 401(b) (prohibiting consideration of legislation 
providing new entitlement authority which becomes effective 
during the fiscal year which ends in the calendar year in which 
the bill is reported) of the Budget Act against consideration 
of the bill.
    The rule makes in order as an original bill for the purpose 
of amendment the Intelligence Committee amendment in the nature 
of a substitute now printed in the bill, modified by the 
Government Reform and Oversight Committee amendment striking 
section 505 now printed in the bill and by an amendment 
striking title VII.
    The committee amendment in the nature of a substitute, as 
modified, shall be considered by title with the first section 
and each title considered as read.
    The rule waives clause 7 of rule XVI (prohibiting 
nongermane amendments) against the committee substitute as 
modified. It also waives clause 5(a) of rule XXI (prohibiting 
appropriations in a legislative bill) against the committee 
substitute as modified.
    The rule waives section 302(f) and section 401(b) of the 
Budget Act against the committee substitute as modified.
    No amendment to the committee substitute as modified is in 
order unless it is printed in the Congressional Record.
    Finally, the rule provides one motion to recommit with or 
without instructions.

   points of order that may lie against h.r. 1655--the intelligence 
                     authorization bill for fy 1996

Sections of the bill requiring budget waivers

            Section 401--Extension of the CIA Voluntary Separation Pay 
                    Act
    This section creates a new entitlement by extending the 
current law by two additional years from September 30, 1997 to 
September 30, 1999. This Act authorizes the Director of Central 
Intelligence to pay up to $25,000 per person to encourage early 
retirements and resignations. The Act has been an effective 
tool to manage downsizing at CIA. By extending the Act through 
1999, CIA managers can plan and reach their goal of a 22\1/2\% 
reduction and avoiding involuntary separations.
            Section 305--Authority to restore spousal pension benefits 
                    to spouses who cooperate in criminal investigations 
                    and prosecutions for national security offenses
    This section creates a new entitlement by allowing a spouse 
who fully cooperates in a criminal investigation of his wife or 
her husband to receive his or her spousal pension benefits upon 
a determination by the Attorney General that the spouse has 
fully cooperated with the Government's investigation and 
prosecution. Current law discourages husbands or wives who know 
that their spouse is engaged in espionage from disclosing this 
to the government because upon conviction of the spouse their 
annuity is forfeited. This is the case even when the spouse 
fully cooperates with the government. This section remedies 
this problem by conferring a new entitlement, the pension.
            Section 601--Clarification with respect to pay for Director 
                    or Deputy Director for Central Intelligence 
                    appointed from commissioned officer of the armed 
                    forces
    This section makes a technical correction to clarify that a 
retired military officer who is appointed as Director or Deputy 
Director of Central Intelligence can receive pay at the 
appropriate level authorized in the Executive Schedule. This 
correction, however, creates a new pay entitlement; hence, the 
need for a budget waiver. This problem came to light earlier 
this year when President Clinton nominated retired Air Force 
General Michael Carns to be the new DCI. Under existing law 
General Carns would have only received his military retirement 
pay, which was a disincentive to his taking this position. This 
section fixes this problem while ensuring that an active duty 
officer appointed as DCI only receives his or her military pay.

              points of order for violation of house rules

Waiver of clause 7, rule XVI

    H.R. 1655, as originally introduced, was a narrowly drafted 
bill that contained recurring provisions that appear in the 
annual authorization. The Committee reported an amendment in 
the nature of a substitute that contained a number of new 
sections that, although within the Committee's jurisdiction, 
were broader than the original bill.
    Examples:
    Sections 303 and 304 contain provisions that address issues 
that have arisen in light of the arrest and conviction of 
Aldrich Ames. Section 303 provides for forfeiture of Thrift 
Savings Plan contributions made by the Government if an 
employee is convicted of espionage. Section 304, which is 
discussed above, encourages spouse to cooperate with the 
government when they believe their wife or husband may be 
committing espionage.
    Section 501 creates the Defense Intelligence Senior Level 
Personnel system that will permit the Director of the Defense 
Intelligence and Director of the Central Imagery Office to 
create new positions above the grade of GS-15 to retain and 
attract senior scientists who can work in the fields of 
biology, physical sciences, medicine, chemistry, and computer 
science.
    Section 504 authorizes the expenditure of $20 million in 
FY95 Appropriations for the acquisition of Tier II unmanned 
aerial vehicles (UAV). These aircraft are currently deployed in 
Bosnia where they are making a positive contribution to 
monitoring developments on the ground.

Waiver of clause 5(a) of House Rule XXI

    Section 402(b) authorizes the Director for Central 
Intelligence to use appropriated funds to establish a voluntary 
service program where up to 50 retirees of the CIA may 
volunteer their services in declassifying documents. The 
Director may use appropriated funds to reimburse incidental 
expenses, however, since the section gives the Director 
authority to use appropriated funds for a purpose different 
than those for which they were appropriated a waiver is 
necessary.
    Section 601(a), which is described fully above, provides 
the authority to pay a retired military officer serving as the 
Director or Deputy Director of Central Intelligence pay at the 
appropriate level of the Executive Schedule. Since funds 
appropriated for civilian pay would be used to offset some of 
the military pay that the retired officer is entitled a waiver 
is arguably necessary.

                                
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