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PUBLIC LAW 104-43-NOV. 3, 1995

(4) $400,000 in each of fiscal years 1996, 1997, 1998, and 1999 to be contributed to the Yukon River Restoration and Enhancement Fund and used in accordance with the Agree

ment.

TITLE VIII-MISCELLANEOUS

SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.

Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973g) is amended by adding at the end thereof the following: "(h) Notwithstanding the requirements of

"(1) section 1 of the Act of August 26, 1983 (97 Stat. 587; 46 U.S.C. 12108);

"(2) the general permit issued on December 1, 1980, to the American Tunaboat Association under section 104(h)(1) of the Marine Mammal Protection Act (16 U.S.C. 1374(h)(1)); and "(3) sections 104(h)(2) and 306(a) of the Marine Mammal Protection Act (16 U.S.C. 1374(h)(2) and 1416(a))—

any vessel documented under the laws of the United States as of the date of enactment of the Fisheries Act of 1995 for which a license has been issued under subsection (a) may fish for tuna in the Treaty Area, including those waters subject to the jurisdiction of the United States in accordance with international law, subject to the provisions of the treaty and this Act, provided that no such vessel fishing in the Treaty Area intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing under the provisions of the Treaty or this Act.".

SEC. 802. FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC

MACKEREL.

Notwithstanding any other provision of law

(1) no allocation may be made to any foreign nation or vessel under section 201 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in any fishery for which there is not a fishery management plan implemented in accordance with that Act; and

(2) the Secretary of Commerce may not approve the portion of any permit application submitted under section 204(b) of the Act which proposes fishing by a foreign vessel for Atlantic mackerel or Atlantic herring unless—

(A) the appropriate regional fishery management council recommends under section 204(b)(5) of that Act that the Secretary approve such fishing, and

(B) the Secretary of Commerce includes in the permit any conditions or restrictions recommended by the appropriate regional fishery management council with respect to such fishing.

Approved November 3, 1995.

LEGISLATIVE HISTORY-H.R. 716 (S. 267):

HOUSE REPORTS: No. 104-47 (Comm. on Resources).

SENATE REPORTS: No. 104-91 accompanying S. 267 (Comm. on Commerce,
Science, and Transportation).

CONGRESSIONAL RECORD, Vol. 141 (1995):

Apr. 3, considered and passed House.

June 30, considered and passed Senate, amended, in lieu of S. 267.

Oct. 25, House concurred in Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
Nov. 3, Presidential statement.

Dolphins.

Marine mammals.

16 USC 1821 note.

DEFENSE ACTS

PUBLIC LAW 104-64-DEC. 18, 1995

Public Law 104-64

104th Congress

An Act

To extend and reauthorize the Defense Production Act of 1950, 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 "Defense Production Act Amendments of 1995".

SEC. 2. EXTENSION OF PROGRAMS.

Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended in the first sentence by striking "Title I (except section 104), title III, and title VII (except sections 708, 714, 719, and 721) of this Act, and all authority conferred thereunder shall terminate at the close of September 30, 1995" and inserting "Title I (except section 104), title III, and title VII (except sections 708 and 721), and all authority conferred thereunder, shall terminate at the close of September 30, 1998".

SEC. 3. AUTHORIZING APPROPRIATIONS FOR TITLE III PROJECTS.

Section 711 of the Defense Production Act of 1950 (50 U.S.C. App. 2161) is amended

(1) in subsection (a), by striking "(a) AUTHORIZATION.-" and all that follows through "subsection (c),," and inserting "(a) AUTHORIZATION.-Except as provided in subsection (b),”; and

(2) by striking subsections (b), (c), and (d) and inserting after subsection (a) the following new subsection:

"(b) TITLE III AUTHORIZATION.-There are authorized to be appropriated for each of the fiscal years 1996, 1997, and 1998, such sums as may be necessary to carry out title III.".

SEC. 4. REPORTS TO THE CONGRESS.

(a) IN GENERAL.-The President shall prepare and transmit to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate an interim report and a final report on proposed legislative modernization of the authorities contained in the Defense Production Act of 1950.

(b) TIMING.-The President shall so transmit

(1) the interim report required by subsection (a), not later than January 31, 1997; and

(2) the final report required by subsection (a), not later than September 30, 1997.

Approved December 18, 1995.

LEGISLATIVE HISTORY-H.R. 2204 (S. 1147):

SENATE REPORTS: No. 104-134 accompanying S. 1147 (Comm. on Banking, Hous

ing, and Urban Affairs).

CONGRESSIONAL RECORD, Vol. 141 (1995):

Sept. 28, S. 1147 considered and passed Senate.
Nov. 13, H.R. 2204 considered and passed House.
Dec. 5, considered and passed Senate.

Dec. 18, 1995 [H.R. 2204]

Defense
Production Act
Amendments of
1995.

50 USC app.
2061 note.

President. 50 USC app. 2062 note.

1178

Jan. 6, 1996

[H.R. 1655]

Intelligence
Authorization
Act for Fiscal
Year 1996.

[blocks in formation]

To authorize appropriations for fiscal year 1996 for intelligence and intelligencerelated 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 1996”.

(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. Application of sanctions laws to intelligence activities.

Sec. 304. Thrift savings plan forfeiture.

Sec. 305. Authority to restore spousal pension benefits to spouses who cooperate in criminal investigations and prosecutions for national security offenses.

Sec. 306. Secrecy agreements used in intelligence activities.

Sec. 307. Limitation on availability of funds for automatic declassification of records over 25 years old.

Sec. 308. Amendment to the Hatch Act Reform Amendments of 1993.

Sec. 309. Report on personnel policies.

Sec. 310. Assistance to foreign countries.

Sec. 311. Financial management of the National Reconnaissance Office.

TITLE IV-CENTRAL INTELLIGENCE AGENCY

Sec. 401. Extension of the CIA Voluntary Separation Pay Act.

Sec. 402. Volunteer service program.

Sec. 403. Authorities of the Inspector General of the Central Intelligence Agency.

TITLE V-DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Defense intelligence senior level positions.

Sec. 502. Comparable benefits and allowances for civilian and military personnel assigned to defense intelligence functions overseas.

Sec. 503. Extension of authority to conduct intelligence commercial activities.

Sec. 504. Availability of funds for Tier II UAV.

Sec. 505. Military Department Civilian Intelligence Personnel Management Sys

tem.

Sec. 506. Enhancement of capabilities of certain Army facilities.

TITLE VI-FEDERAL BUREAU OF INVESTIGATION

Sec. 601. Disclosure of information and consumer reports to FBI for counterintelligence purposes.

TITLE VII-TECHNICAL AMENDMENTS

Sec. 701. Clarification with respect to pay for Director or Deputy Director of
Central Intelligence appointed from commissioned officers of the Armed
Forces.

Sec. 702. Change of designation of CIA Office of Security.

Note: Enacted during second session of 104th Congress.

PUBLIC LAW 104-93-JAN. 6, 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 conference report on the bill H.R. 1655 of the One Hundred Fourth 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 President. 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 $90,713,000. 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.

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