Text: H.R.1655 — 104th Congress (1995-1996)All Information (Except Text)

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Public Law No: 104-93 (01/06/1996)

 
[104th Congress Public Law 93]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ93.104]


[[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

[[Page 109 STAT. 963]]

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

[[Page 109 STAT. 964]]

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

[[Page 109 STAT. 966]]

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;

[[Page 109 STAT. 968]]

            (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

[[Page 109 STAT. 969]]

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

[[Page 109 STAT. 970]]

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--

[[Page 109 STAT. 971]]

            ``(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.

                                  <all>