[104th Congress Public Law 93]
[From the U.S. Government Printing Office]
[[Page 109 STAT. 961]]
Public Law 104-93
104th Congress
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. <<NOTE: Jan.
6, 1996 - [H.R. 1655]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Intelligence
Authorization Act for Fiscal Year 1996.>>
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.
[[Page 109 STAT. 962]]
Sec. 505. Military Department Civilian Intelligence Personnel Management
System.
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.
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 <<NOTE: 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
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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.
(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
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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-- <<NOTE: Reports.>> APPLICATION OF SANCTIONS LAWS TO
INTELLIGENCE ACTIVITIES
``stay of sanctions
``Sec. 901. <<NOTE: 50 USC 441.>> 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
directly related to the activities giving rise to the sanction or an
intelligence source or method directly 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. <<NOTE: 50 USC 441a.>> Whenever the President determines
and reports to Congress in accordance with section 903 that a stay of
sanctions or related actions 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. <<NOTE: 50 USC 441b.>> Reports to Congress pursuant to
sections 901 and 902 shall be submitted promptly 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.
[[Page 109 STAT. 965]]
``laws subject to stay
``Sec. 904. <<NOTE: 50 USC 441c.>> 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 related to the proliferation of weapons of mass
destruction, their delivery systems, or advanced conventional weapons
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); 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.
``application
``Sec. 905. <<NOTE: Termination date. 50 USC 441d.>> This title
shall cease to be effective on the date which is one year 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.
(a) In General.--Section 8432(g) of title 5, United States Code, is
amended by adding at the end the following new paragraph:
``(5) 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) <<NOTE: 5 USC 8432 note.>> Effective Date.--The amendment made
by subsection (a) shall apply to offenses upon which the requisite
annuity forfeitures are based occurring on or after the date of the
enactment of this Act.
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
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of a criminal investigation and subsequent prosecution of the individual
which resulted in such forfeiture.''.
SEC. 306. SECRECY AGREEMENTS USED IN INTELLIGENCE
ACTIVITIES. <<NOTE: Classified information. 50 USC 435
note.>>
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--
(1) 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; and
(2) provide that the form or agreement does not bar--
(A) disclosures to Congress; or
(B) disclosures to an authorized official of an
executive agency that are deemed essential to reporting
a violation of United States law.
SEC. 307. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTOMATIC
DECLASSIFICATION OF RECORDS OVER 25 YEARS OLD.
(a) In General.--The Director of Central Intelligence shall use no
more than $25,000,000 of the amounts authorized to be appropriated for
fiscal year 1996 by this Act for the National Foreign Intelligence
Program to carry out the provisions of section 3.4 of Executive Order
12958. The Director may, in the Director's discretion, draw on this
amount for allocation to the agencies within the National Foreign
Intelligence Program for the purpose of automatic declassification of
records over 25 years old.
(b) <<NOTE: President.>> Required Budget Submission.--The President
shall submit for fiscal year 1997 and each of the following fiscal years
through fiscal year 2000 a budget request which specifically sets forth
the funds requested for implementation of section 3.4 of Executive Order
12958.
SEC. 308. AMENDMENT TO THE HATCH ACT REFORM AMENDMENTS OF 1993.
Section 7325 of title 5, United States Code, is amended by adding
after ``section 7323(a)'' the following: ``and paragraph (2) of section
7323(b)''.
SEC. 309. REPORT ON PERSONNEL POLICIES.
(a) Report Required.--Not later than three months after the date of
enactment of this Act, the Director of Central Intelligence shall submit
to the intelligence committees of Congress a report describing personnel
procedures, and recommending necessary legislation, to provide for
mandatory retirement for expiration of time in class, comparable to the
applicable provisions of section 607 of the Foreign Service Act of 1980
(22 U.S.C. 4007), and termination based on relative performance,
comparable to section 608 of the Foreign Service Act of 1980 (22 U.S.C.
4008), and to provide for other personnel review systems for all
civilian employees of the Central Intelligence Agency, the National
Security Agency, the Defense Intelligence Agency, and the intelligence
elements of the Army, Navy, Air Force, and Marine Corps. Such report
shall contain
[[Page 109 STAT. 967]]
a description and analysis of voluntary separation incentive options,
including a waiver of the 2 percent penalty reduction for early
retirement under certain Federal retirement systems.
(b) Coordination.--The preparation of the report required by
subsection (a) shall be coordinated as appropriate with elements of the
intelligence community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401(4)).
(c) Definition.--As used in this section, the term ``intelligence
committees of Congress'' means the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 310. ASSISTANCE TO FOREIGN COUNTRIES.
Notwithstanding any other provision of law, funds authorized to be
appropriated by this Act may be used to provide assistance to a foreign
country for counterterrorism efforts if--
(1) such assistance is provided for the purpose of
protecting the property of the United States Government or the
life and property of any United States citizen, or furthering
the apprehension of any individual involved in any act of
terrorism against such property or persons; and
(2) the Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives are notified not later than 15 days prior to the
provision of such assistance.
SEC. 311. FINANCIAL MANAGEMENT OF THE NATIONAL RECONNAISSANCE OFFICE.
(a) Management Review.--(1) The Inspector General for the Central
Intelligence Agency, assisted by the Inspector General of the Department
of Defense, shall undertake a comprehensive review of the financial
management of the National Reconnaissance Office to evaluate the
effectiveness of policies and internal controls over the budget of the
National Reconnaissance Office, including the use of carry-forward
funding, to ensure that National Reconnaissance Office funds are used in
accordance with applicable Federal acquisition regulations and the
policies of the Director of Central Intelligence and consistent with
those of the Department of Defense, the guidelines of the National
Reconnaissance Office, and congressional direction.
(2) The review required by paragraph (1) shall--
(A) determine the quality of the development and
implementation of the budget process within the National
Reconnaissance Office at both the comptroller and directorate
level;
(B) assess the advantages and disadvantages of the use of
incremental versus full funding for contracts entered into by
the National Reconnaissance Office;
(C) assess the advantages and disadvantages of the National
Reconnaissance Office's use of carry-forward funding;
(D) determine how the National Reconnaissance Office
defines, identifies, and justifies carry-forward funding
requirements;
(E) determine how the National Reconnaissance Office tracks
and manages carry-forward funding;
(F) determine how the National Reconnaissance Office plans
to comply with congressional direction regarding carry-forward
funding;
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(G) determine whether or not a contract entered into by the
National Reconnaissance Office has ever encountered a
contingency which required the utilization of more than 30 days
of carry-forward funding;
(H) consider the proposal by the Director of Central
Intelligence for the establishment of a position of a Chief
Financial Officer, and assess how the functions to be performed
by that officer would enhance the financial management of the
National Reconnaissance Office; and
(I) make recommendations, as appropriate, to improve control
and management of the budget process of the National
Reconnaissance Office.
(3) <<NOTE: Reports.>> The Director of Central Intelligence shall
submit a report to the Congress setting forth the findings of the review
required by paragraph (1) not later than March 1, 1996, with an interim
report provided to the Congress not later than 2 weeks after the
enactment of this Act.
(b) <<NOTE: President.>> Report.--(1) Not later than January 30,
1996, the President shall submit a report to the appropriate committees
of the Congress on a proposal to subject the budget of the intelligence
community to greater oversight by the executive branch of Government.
(2) Such report shall include (among other things)--
(A) consideration of establishing by statute a financial
control officer for the National Reconnaissance Office, other
elements of the intelligence community, and for the intelligence
community as a whole;
(B) recommendations for procedures to be used by the Office
of Management and Budget for review of the budget of the
National Reconnaissance Office;
(C) a proposed statutory provision that would require the
Director of Central Intelligence to establish a policy to
restrict the National Reconnaissance Office authority on carry-
forward funding in a manner consistent with the restriction on
such authority within the Department of Defense; and
(D) an evaluation of how changes proposed as a result of the
review required by subsection (a) will affect, directly or
indirectly, the National Reconnaissance Office's streamlined
acquisition process and, ultimately, program costs.
(c) Definition.--As used in this section, the term ``intelligence
community'' has the meaning given to the term in section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. EXTENSION OF THE CIA VOLUNTARY SEPARATION PAY ACT.
(a) Extension of Authority.--Section 2(f) of the Central
Intelligence Agency Voluntary Separation Pay Act <<NOTE: 50 USC 403-4
note.>> (50 U.S.C. 403-4(f)) is amended by striking ``September 30,
1997'' and inserting ``September 30, 1999''.
(b) Remittance of Funds.--Section 2 of the Central Intelligence
Agency Voluntary Separation Pay Act <<NOTE: 50 USC 403-4 note.>> (50
U.S.C. 403-4) is amended by inserting at the end the following new
subsection:
``(i) Remittance of Funds.--The Director shall remit to the Office
of Personnel Management for deposit in the Treasury of the United States
to the credit of the Civil Service Retirement
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and Disability Fund (in addition to any other payments which the
Director is required to make under subchapter III of chapter 83 and
subchapter II of chapter 84 of title 5, United States Code), an amount
equal to 15 percent of the final basic pay of each employee who, in
fiscal year 1998 or fiscal year 1999, retires voluntarily under section
8336, 8412, or 8414 of such title or resigns and to whom a voluntary
separation incentive payment has been or is to be paid under this
section.''.
SEC. 402. <<NOTE: 50 USC 435 note.>> 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 the
review for declassification or downgrading of classified information by
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.
SEC. 403. AUTHORITIES OF THE INSPECTOR GENERAL OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Reports by the Inspector General.--Section 17(b)(5) of the
Central Intelligence Act of 1949 (50 U.S.C. 403q(b)(5)) is
amended to read as follows:
``(5) In accordance with section 535 of title 28, United States
Code, the Inspector General shall report to the Attorney General any
information, allegation, or complaint received by the Inspector General
relating to violations of Federal criminal law that involve a program or
operation of the Agency, consistent with such guidelines as may be
issued by the Attorney General pursuant to subsection (b)(2) of such
section. A copy of all such reports shall be furnished to the
Director.''.
(b) Exception to Nondisclosure Requirement.--Section 17(e)(3)(A) of
such Act is amended by inserting after ``investigation'' the following:
``or the disclosure is made to an official of the Depart
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ment of Justice responsible for determining whether a prosecution should
be undertaken''.
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--
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``(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) <<NOTE: Notification.>> 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, when
combined with the total number of positions in the Defense Intelligence
Senior Executive Service under section 1601 of this title, may not
exceed the total 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
[[Page 109 STAT. 972]]
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 ``of the Department of Defense'' and
all that follows through ``this subsection,'' and
inserting ``described in subsection (d)''; and
(C) by designating the second sentence as paragraph
(2);
(2) by striking subsection (c) and inserting 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;
[[Page 109 STAT. 973]]
``(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 ``who are assigned to''
and all that follows through ``of this subsection'' and
inserting ``described in subsection (e)'';
(2) by striking subsection (d) and inserting 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 ``1995'' and inserting ``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.
SEC. 505. MILITARY DEPARTMENT CIVILIAN INTELLIGENCE PERSONNEL MANAGEMENT
SYSTEM.
(a) Establishment of Training Program.--Chapter 81 of title 10,
United States Code, is amended by adding at the end thereof the
following new section:
``Sec. 1599a. Financial assistance to certain employees in acquisition
of critical skills
``(a) Training Program.--The Secretary of Defense shall establish an
undergraduate training program with respect to civilian employees in the
Military Department Civilian Intelligence Personnel Management System
that is similar in purpose, conditions, content, and administration to
the program established by the Secretary of Defense under section 16 of
the National Security
[[Page 109 STAT. 974]]
Act of 1959 (50 U.S.C. 402 note) for civilian employees of the National
Security Agency.
``(b) Use of Funds for Training Program.--Any payment made by the
Secretary to carry out the program required to be established by
subsection (a) may be made in any fiscal year only to the extent that
appropriated funds are available for that purpose.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that chapter is amended by adding at the end thereof the following new
item:
``Sec. 1599a. Financial assistance to certain employees in acquisition
of critical skills.''.
SEC. 506. ENHANCEMENT OF CAPABILITIES OF CERTAIN ARMY FACILITIES.
(a) Authority.--(1) In addition to funds otherwise available for
such purpose, the Secretary of the Army may transfer or reprogram funds
for the enhancement of the capabilities of the Bad Aibling Station and
the Menwith Hill Station, including improvements of facility
infrastructure and quality of life programs at those installations.
(2) The authority of paragraph (1) may be exercised notwithstanding
any other provision of law.
(b) Source of Funds.--Funds available for the Army for operations
and maintenance for fiscal years 1996 and 1997 shall be available to
carry out subsection (a).
(c) Congressional Notification.--Whenever the Secretary of the Army
determines that an amount to be transferred or reprogrammed under this
section would cause the total amount transferred or reprogrammed in that
fiscal year under this section to exceed $1,000,000, the Secretary shall
notify in advance the Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Appropriations of the Senate and
the Permanent Select Committee on Intelligence, the Committee on
National Security, and the Committee on Appropriations of the House of
Representatives and provide a justification for the increased
expenditure.
(d) Statutory Construction.--Nothing in this section may be
construed to modify or obviate existing law or practice with regard to
the transfer or reprogramming of funds in excess of $2,000,000 from the
Department of the Army to the Bad Aibling Station and the Menwith Hill
Station.
TITLE VI--FEDERAL BUREAU OF INVESTIGATION
SEC. 601. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FBI FOR
COUNTERINTELLIGENCE PURPOSES.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by adding after section 623 the following new section:
``Sec. 624. <<NOTE: 15 USC 1681u.>> Disclosures to FBI for
counterintelligence purposes
``(a) Identity of Financial Institutions.--Notwithstanding section
604 or any other provision of this title, a consumer reporting agency
shall furnish to the Federal Bureau of Investigation the
[[Page 109 STAT. 975]]
names and addresses of all financial institutions (as that term is
defined in section 1101 of the Right to Financial Privacy Act of 1978)
at which a consumer maintains or has maintained an account, to the
extent that information is in the files of the agency, when presented
with a written request for that information, signed by the Director of
the Federal Bureau of Investigation, or the Director's designee, which
certifies compliance with this section. The Director or the Director's
designee may make such a certification only if the Director or the
Director's designee has determined in writing that--
``(1) such information is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
``(2) there are specific and articulable facts giving reason
to believe that the consumer--
``(A) is a foreign power (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978) or
a person who is not a United States person (as defined
in such section 101) and is an official of a foreign
power; or
``(B) is an agent of a foreign power and is engaging
or has engaged in an act of international terrorism (as
that term is defined in section 101(c) of the Foreign
Intelligence Surveillance Act of 1978) or clandestine
intelligence activities that involve or may involve a
violation of criminal statutes of the United States.
``(b) Identifying Information.--Notwithstanding the provisions of
section 604 or any other provision of this title, a consumer reporting
agency shall furnish identifying information respecting a consumer,
limited to name, address, former addresses, places of employment, or
former places of employment, to the Federal Bureau of Investigation when
presented with a written request, signed by the Director or the
Director's designee, which certifies compliance with this subsection.
The Director or the Director's designee may make such a certification
only if the Director or the Director's designee has determined in
writing that--
``(1) such information is necessary to the conduct of an
authorized counterintelligence investigation; and
``(2) there is information giving reason to believe that the
consumer has been, or is about to be, in contact with a foreign
power or an agent of a foreign power (as defined in section
101 of the Foreign Intelligence Surveillance Act of 1978).
``(c) Court Order for Disclosure of Consumer Reports.--
Notwithstanding section 604 or any other provision of this title, if
requested in writing by the Director of the Federal Bureau of
Investigation, or a designee of the Director, a court may issue an order
ex parte directing a consumer reporting agency to furnish a consumer
report to the Federal Bureau of Investigation, upon a showing in camera
that--
``(1) the consumer report is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
``(2) there are specific and articulable facts giving reason
to believe that the consumer whose consumer report is sought--
``(A) is an agent of a foreign power, and
``(B) is engaging or has engaged in an act of
international terrorism (as that term is defined in
section 101(c) of the Foreign Intelligence Surveillance
Act of 1978) or
[[Page 109 STAT. 976]]
clandestine intelligence activities that involve or may
involve a violation of criminal statutes of the United
States.
The terms of an order issued under this subsection shall not disclose
that the order is issued for purposes of a counterintelligence
investigation.
``(d) Confidentiality.--No consumer reporting agency or officer,
employee, or agent of a consumer reporting agency shall disclose to any
person, other than those officers, employees, or agents of a consumer
reporting agency necessary to fulfill the requirement to disclose
information to the Federal Bureau of Investigation under this section,
that the Federal Bureau of Investigation has sought or obtained the
identity of financial institutions or a consumer report respecting any
consumer under subsection (a), (b), or (c), and no consumer reporting
agency or officer, employee, or agent of a consumer reporting agency
shall include in any consumer report any information that would indicate
that the Federal Bureau of Investigation has sought or obtained such
information or a consumer report.
``(e) Payment of Fees.--The Federal Bureau of Investigation shall,
subject to the availability of appropriations, pay to the consumer
reporting agency assembling or providing report or information in
accordance with procedures established under this section a fee for
reimbursement for such costs as are reasonably necessary and which have
been directly incurred in searching, reproducing, or transporting books,
papers, records, or other data required or requested to be produced
under this section.
``(f) Limit on Dissemination.--The Federal Bureau of Investigation
may not disseminate information obtained pursuant to this section
outside of the Federal Bureau of Investigation, except to other Federal
agencies as may be necessary for the approval or conduct of a foreign
counterintelligence investigation, or, where the information concerns a
person subject to the Uniform Code of Military Justice, to appropriate
investigative authorities within the military department concerned as
may be necessary for the conduct of a joint foreign counterintelligence
investigation.
``(g) Rules of Construction.--Nothing in this section shall be
construed to prohibit information from being furnished by the Federal
Bureau of Investigation pursuant to a subpoena or court order, in
connection with a judicial or administrative proceeding to enforce the
provisions of this Act. Nothing in this section shall be construed to
authorize or permit the withholding of information from the Congress.
``(h) Reports to Congress.--On a semiannual basis, the Attorney
General shall fully inform the Permanent Select Committee on
Intelligence and the Committee on Banking, Finance and Urban Affairs of
the House of Representatives, and the Select Committee on Intelligence
and the Committee on Banking, Housing, and Urban Affairs of the Senate
concerning all requests made pursuant to subsections (a), (b), and (c).
``(i) Damages.--Any agency or department of the United States
obtaining or disclosing any consumer reports, records, or information
contained therein in violation of this section is liable to the consumer
to whom such consumer reports, records, or information relate in an
amount equal to the sum of--
``(1) $100, without regard to the volume of consumer
reports, records, or information involved;
[[Page 109 STAT. 977]]
``(2) any actual damages sustained by the consumer as a
result of the disclosure;
``(3) if the violation is found to have been willful or
intentional, such punitive damages as a court may allow; and
``(4) in the case of any successful action to enforce
liability under this subsection, the costs of the action,
together with reasonable attorney fees, as determined by the
court.
``(j) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated any
provision of this section and the court finds that the circumstances
surrounding
the violation raise questions of whether or not an officer or employee
of the agency or department acted willfully or intentionally with
respect to the violation, the agency or department shall promptly
initiate a proceeding to determine whether or not disciplinary action is
warranted against the officer or employee who was responsible for the
violation.
``(k) Good-Faith Exception.--Notwithstanding any other provision of
this title, any consumer reporting agency or agent or employee thereof
making disclosure of consumer reports or identifying information
pursuant to this subsection in good-faith reliance upon a certification
of the Federal Bureau of Investigation pursuant to provisions of this
section shall not be liable to any person for such disclosure under this
title, the constitution of any State, or any law or regulation of any
State or any political subdivision of any State.
``(l) Limitation of Remedies.--Notwithstanding any other provision
of this title, the remedies and sanctions set forth in this section
shall be the only judicial remedies and sanctions for violation of this
section.
``(m) Injunctive Relief.--In addition to any other remedy contained
in this section, injunctive relief shall be available to require
compliance with the procedures of this section. In the event of any
successful action under this subsection, costs together with reasonable
attorney fees, as determined by the court, may be recovered.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by
adding after the item relating to section 623 the following new item:
``624. Disclosures 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.
(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 and shall not receive
the pay prescribed for the Director or Deputy Director.
[[Page 109 STAT. 978]]
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 ``pursuant to paragraph (2) or (3)'' and
inserting ``to the position of Director or Deputy Director''.
(2) Subparagraph (B) of such section is amended by striking
``paragraph (A)'' and inserting ``subparagraph (A)''.
SEC. 702. 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 ``Office of Security'' and inserting
``Office of Personnel Security''.
Approved January 6, 1996.
LEGISLATIVE HISTORY--H.R. 1655 (S. 922):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 104-138, Pt. 1 (Permanent Select Comm. on
Intelligence) and Pt. 2 (Comm. on Government Reform and Oversight), and
104-427 (Comm. of Conference).
SENATE REPORTS: Nos. 104-97 (Select Comm. on Intelligence) and 104-127
(Comm. on Armed Services), both accompanying S. 922.
CONGRESSIONAL RECORD, Vol. 141 (1995):
Sept. 13, considered and passed House.
Sept. 29, considered and passed Senate, amended, in lieu of
S. 922.
Dec. 21, House and Senate agreed to conference report.
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