The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the committee amendment in the nature of a substitute printed in the bill shall be considered under the 5-minute rule by titles, and the first section and each title shall be considered read.
No amendment to the committee amendment in the nature of a substitute is in order except those printed in the designated place in the Congressional Record.
The Chairman of the Committee of the Whole may postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment and may reduce to not less than 5 minutes the time for voting by electronic device on any postponed question that immediately follows another vote by electronic device without intervening business, provided that the time for voting by electronic device on the first in any series of question shall not be less than 15 minutes.
The Clerk will designate section 1.
The text of section 1 is as follows:
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 1997'.
Mr. COMBEST. Mr. Chairman, Mr. Chairman, I ask unanimous consent that the remainder of the committee amendment in the nature of a substitute be printed in the Record and open to amendment at any point.
The CHAIRMAN. Is there objection to the request of the gentleman from Texas?
There was no objection.
The text of the remainder of the committee amendment in the nature of a substitute is as follows:
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 Department 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.
[Page: H5396]
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 bill H.R. 3259 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 1997 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 Intelligence Community Management Account of
the Director of Central Intelligence for fiscal year 1997 the sum of
$93,616,000. 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, 1998.
(b) Authorized Personnel Levels: The Community Management
Staff of the Director of Central Intelligence is authorized 273
full-time personnel as of September 30, 1997. 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 1997, 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 .
(d) Declassification: In addition to amounts otherwise
authorized to be appropriated by this Act, there is authorized to be
appropriated $25,000,000 for the National Foreign Intelligence Program
for the purposes of carrying out the provisions of section 3.4 of Executive
Order 12958, dated April 17, 1995.
(e) National Drug Intelligence Center: In addition
to amounts otherwise authorized to be appropriated by this Act, there is
authorized to be appropriated $32,076,000 for the National Drug
Intelligence Center located in Johnstown, Pennsylvania. Amounts
appropriated for such center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act of 1947 (50
U.S.C. 403-3(d)(1)). The National Drug Intelligence Center is
authorized 35 full-time personnel as of September 30, 1997.
(f) Environmental Programs: In addition to amounts
otherwise authorized to be appropriated by this Act, there is authorized to
be appropriated $6,000,000 for the Environmental Intelligence and
Applications Program, formerly known as the Environmental Task Force, to
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 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.
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'.
SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES.
(a) Extension: 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 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 `required to be imposed by' and all that
follows and inserting in lieu thereof `required to be imposed by any of the
following 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 appropriations Acts:
`(A) Section 573 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103-87; 107 Stat. 972).
`(B) Section 563 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306; 108 Stat. 1649).
`(C) Section 552 of the Foreign Operations, Export Financing, and Related Programs 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 applicant described in subsection (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: Provided, That the applicant has resided continuously,
after being lawfully admitted for permanent residence, 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 subparagraphs (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 regarding 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
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 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 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.
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) Make alterations, improvements, and repairs on premises rented by the
Agency and, for the purpose of furthering the cost-efficient acquisition 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. REPEAL OF ADDITIONAL SURCHARGE RELATING TO EMPLOYEES WHO RETIRE
OR RESIGN IN FISCAL YEARS 1998 OR 1999 AND WHO RECEIVE VOLUNTARY SEPARATION
INCENTIVE PAYMENTS.
Section 2 of the Central Intelligence Agency Voluntary Separation Pay
Act (50 U.S.C. 403-4 note) is amended by striking out subsection (i).
SEC. 403. IMPLEMENTATION OF INTELLIGENCE COMMUNITY 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.
[Page: H5397]
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. STANDARDIZATION FOR CERTAIN DEPARTMENT OF DEFENSE
INTELLIGENCE AGENCIES OF EXEMPTIONS FROM DISCLOSURE OF ORGANIZATIONAL
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 information: exemption
for the Defense Intelligence Agency and National Reconnaissance
Office
`(a) Exemption From Disclosure: Except as required by the
President or as provided in subsection (b), no provision of law shall be
construed to require the disclosure of--
`(1) the organization or any function of the Defense Intelligence Agency or the National Reconnaissance Office; or
`(2) the number of persons employed by or assigned or detailed to that
Agency or Office or the name, official title, occupational series, grade, or
salary 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 amended 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.'.
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