[DOCID: f:h1655ih.txt]






104th CONGRESS
  1st Session
                                H. R. 1655

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 1995

 Mr. Combest introduced the following bill; which was referred to the 
               Permanent Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL

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. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of Central Intelligence for fiscal year 1996 the sum of 
$93,283,000. Within such amounts authorized, funds identified in the 
classified Schedule of Authorizations referred to in section 102(a) for 
the Advanced Research and Development Committee shall remain available 
until September 30, 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 other provision of law, 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 that to proceed without delay would seriously risk 
the compromise of an ongoing criminal investigation or an intelligence 
source or method. The President shall lift any such stay when the 
President determines that such stay is no longer necessary to that 
purpose.
                               ``reports

    ``Sec. 902. Whenever any stay is imposed pursuant to section 901, 
and whenever the duration of any such stay exceeds 120 days, the 
President shall promptly report to the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on Intelligence of the 
House of Representatives the rationale and circumstances that led the 
President to exercise the stay authority with respect to an 
intelligence source or method, and to the Judiciary Committees of the 
Senate and the House of Representatives the rationale and circumstances 
that led the President to exercise the stay authority with respect to 
an ongoing criminal investigation.''.
    (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. Reports.''.
SEC. 304. 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. 305. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTOMATIC 
              DECLASSIFICATION OF RECORDS OVER 25 YEARS OLD.

    Amounts authorized to be appropriated by this Act may not be used 
to carry out the provisions of section 3.4 of Executive Order 12958 
until after the President has submitted a budget request that specifies 
the costs of carrying out such section and funds have been authorized 
to be appropriated to carry out the provisions of section 3.4 of 
Executive Order 12958.

                 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. 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''.
                     TITLE VI--TECHNICAL AMENDMENTS

SEC. 601. 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''.
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