Summary: H.R.4299 — 103rd Congress (1993-1994)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (09/27/1994)

TABLE OF CONTENTS:

Title I: Intelligence Activities

Title II: Central Intelligence Agency Retirement and

Disability System

Title III: General Provisions

Title IV: Central Intelligence Agency

Title V: Department of Defense Intelligence Activities

Title VI: Construction of Facilities for the Intelligence

Community

Title VII: Classification Management

Title VIII: Counterintelligence and Security

Title IX: Commission on the Roles and Capabilities of the

United States Intelligence Community

Intelligence Authorization Act for Fiscal Year 1995 - Title I: Intelligence Activities - Authorizes appropriations for FY 1995 for intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency (DIA); (4) National Security Agency (NSA); (5) National Reconnaissance Office; (6) Departments of the Army, Navy, and Air Force; (7) Department of State; (8) Department of the Treasury; (9) Department of Energy; (10) Federal Bureau of Investigation (FBI); (11) Drug Enforcement Administration; and (12) Central Imagery Office.

(Sec. 102) Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1995, for intelligence-related activities are those specified in the classified Schedule of Authorizations prepared to accompany the conference report on this bill.

(Sec. 103) Authorizes FY 1995 appropriations for the Community Management Account of the Director of Central Intelligence. Authorizes full-time personnel for such Account.

Title II: Central Intelligence Agency Retirement and Disability System - Authorizes FY 1995 appropriations for the Central Intelligence Agency Retirement and Disability Fund.

Title III: General Provisions - Permits appropriations authorized by this Act for Federal employee compensation and benefits to be increased as necessary for increases in compensation or benefits authorized by law.

(Sec. 302) Prohibits the authorization of appropriations by this Act from constituting authority for the conduct of any intelligence activity not otherwise authorized by the Constitution or laws of the United States.

(Sec. 303) Expresses the sense of the Congress that the CIA Director should award contracts so as to maximize the procurement of products properly designated as having been made in the United States.

(Sec. 304) Repeals a provision of the Intelligence Authorization Act for Fiscal Year 1987 which restricts U.S. intelligence cooperation with South Africa.

(Sec. 305) Requires the CIA Director to submit to the congressional defense and intelligence committees a report on the advisability of mandatory retirement within the intelligence agencies for expiration of time in class comparable to provisions of the Foreign Service Act of 1980.

Title IV: Central Intelligence Agency - Amends the Central Intelligence Agency Act of 1949 to: (1) delete language prohibiting CIA payment of travel expenses for hospitalization and the costs of treatment of a CIA officer or employee when the injury is a result of vicious habits, intemperance, or misconduct; and (2) revise CIA Inspector General reporting requirements.

(Sec. 403) Authorizes the CIA Director during FY 1995 to expend no more than $3 million of funds authorized under this Act to develop up to six products which demonstrate multimedia and graphical data interface techniques on topics of general interest to policy makers and the public. Requires submission to the congressional intelligence committees of products so developed.

Title V: Department of Defense Intelligence Activities - Amends the National Security Act of 1947 to delete references to the central imagery authority and to rename such authority as the Central Imagery Office. Applies to civilian personnel of such Office the current personnel management system for DIA civilian employees.

(Sec. 502) Authorizes the Secretary of Defense (Secretary) to withhold from public disclosure any geodetic product in DOD possession or control that contains information that would jeopardize or interfere with ongoing military or intelligence operations (as determined by the Director of the Defense Mapping Agency).

(Sec. 503) States that DOD intelligence personnel shall not be required, outside the United States, to give notice of governmental affiliation to potential U.S. person sources during the initial assessment contact. Requires DOD to maintain records of such contact and to make them available to the appropriate congressional committees.

(Sec. 504) Makes inapplicable to amounts remaining available for obligation on the date of enactment of this Act for national foreign intelligence programs, projects, and activities a provision of the National Defense Authorization Act for Fiscal Year 1995 which requires the obligation of certain unauthorized FY 1994 defense appropriations.

Title VI: Construction of Facilities for the Intelligence Community - Prohibits $50 million of the funds authorized for the National Reconnaissance Office from being obligated or expended until completion of a review of such Office's Headquarters Building project and submission to the intelligence committees of the review's results. Limits to $310 million the total obligation or expenditure of funds for such projects.

(Sec. 602) Requires specific identification in the President's annual budget of a project for the construction of a facility to be used primarily by personnel of any component of the intelligence community which has an estimated cost in excess of $750,000. Provides exceptions and requires a report whenever such an exception is exercised by joint action of the CIA Director and the Secretary.

(Sec. 603) Requires the CIA Director to provide a specified level of budgetary detail in the congressional justification materials provided for each fiscal year's national foreign intelligence program.

Title VII: Classification Management - Directs the President, within 90 days after enactment of this Act, to issue an executive order providing for the classification and declassification of information. Prohibits the order from taking effect until 30 days after its submission to the intelligence committees.

(Sec. 702) Requires each National Foreign Intelligence Program agency which is appropriated more than $1 million in the security, countermeasures, and related activities category for FY 1995 to allocate at least two percent of its total expenditure in such category to the classification management consolidated expenditure center for the development and implementation of a foreign intelligence information declassification plan.

Title VIII: Counterintelligence and Security - Counterintelligence and Security Enhancements Act of 1994 - Amends the National Security Act of 1947 to set forth provisions concerning access to classified information. Directs the President to establish procedures to govern access to such information which shall be binding on all executive departments, agencies, and offices. Retains the responsibility and power of an agency head to deny or terminate access to classified information if required by national security.

Allows any authorized investigative agency to request from any financial agency or institution, holding company, or consumer reporting agency such financial information as necessary to conduct law enforcement investigations, counterintelligence inquiries, or security determinations. Allows such investigative agencies to request travel records with respect to travel outside the United States. Outlines request conditions and limitations. Provides for the confidentiality of information received. States that the provisions of this title shall not apply to the President, Vice President, Members of Congress, Supreme Court Justices, and Federal judges appointed by the President.

(Sec. 803) Amends the Federal criminal code to authorize the Attorney General to reward individuals who provide information which leads to an arrest or conviction with respect to an act of espionage.

(Sec. 804) Provides for: (1) the forfeiture of property for violation of certain espionage laws; and (2) the denial of Federal annuities or retired pay to persons convicted in foreign courts of espionage involving U.S. information.

(Sec. 806) Authorizes the Secretary to use appropriated funds to: (1) assist a DOD civilian employee who has been in a sensitive position in an intelligence component of DOD and who is found to be ineligible for continued access to such information and, therefore, employment with such component or whose employment has been terminated in finding subsequent employment and in receiving treatment for medical or psychological disabilities; and (2) provide such individual necessary financial support during periods of unemployment. Authorizes such assistance only when it is essential to maintain the judgment and stability of the employee and to avoid circumstances leading to the unlawful disclosure of classified information. Limits the period of such assistance to five years after termination. Requires an annual report from the Secretary to specified congressional committees concerning expenditures made for such assistance.

(Sec. 807) Amends the Foreign Intelligence Surveillance Act of 1978 to set forth provisions concerning physical searches within the United States for foreign intelligence purposes. Grants the Foreign Intelligence Surveillance Court jurisdiction to hear applications for orders approving a physical search in order to obtain foreign intelligence information anywhere within the United States. Provides an exception and allows for the review of denied applications under other provisions of the Act. Requires applications to be approved by the Attorney General and to include: (1) the identity of the target of the search and the information sought to be seized; and (2) a certification that the information sought is foreign intelligence information which cannot be obtained by normal investigative techniques. Outlines information required to be included within a court order approving such a search. Limits the period for conducting an approved search, with extensions under certain circumstances. Allows the Attorney General, in emergency circumstances, to authorize the execution of an emergency physical search, as long as an application for such search is submitted to a judge having jurisdiction within 24 hours after such search. Prohibits information obtained from such a search from being used against the person involved if the proceeding application is denied.

Allows information appropriately acquired to be used and disclosed by Federal officers and employees for lawful purposes without the consent of the U.S. person only in accordance with certain minimization procedures provided under the Act (procedures designed to minimize unlawful or unnecessary harm to the person involved). Directs the United States, or a State or political subdivision thereof, to disclose to the person and the appropriate court that it intends to use information so obtained. Allows the aggrieved party to move to suppress such evidence, with a hearing on such motion by the appropriate U.S. district court. Sets forth provisions regarding: (1) congressional oversight concerning such searches; (2) penalties for misuse of search powers (with defenses); (3) civil actions by aggrieved persons for unlawful searches (allowing for actual and punitive damages and attorney's fees); and (4) authority for the President to conduct physical searches without a court order for up to 15 days following a declaration of war by the Congress.

(Sec. 808) Amends the Federal criminal code to provide civil and criminal penalties for the unauthorized removal by a U.S. officer, employee, contractor, or consultant of classified documents or materials.

(Sec. 809) Directs the President to report to the Congress describing the respective policy functions and operational roles of executive agencies in identifying and countering foreign industrial threats to U.S. industry, the methods to protect against such threats, and improvements to such methods. Requires an annual update of such report.

(Sec. 810) Requires at least $5 million from the base budget for NSA to be transferred to U.S. Army signals intelligence activities directed at counternarcotics targets.

(Sec. 811) Establishes within the executive branch a National Counterintelligence Policy Board to: (1) develop policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and (2) resolve conflicts which may arise between governmental elements which carry out such activities. Requires the coordination of such counterintelligence matters with the FBI. Requires annual reports.

Title IX: Commission on the Roles and Capabilities of the United States Intelligence Community - Establishes the Commission on the Roles and Capabilities of the United States Intelligence Community to: (1) review the efficacy and appropriateness of the activities of the U.S. intelligence community in the post-Cold War global environment; and (2) prepare and transmit initial, interim, and final reports concerning its findings and recommendations.