PUBLIC LAW 104–93—JAN. 6, 1996 109 STAT. 961

Public Law 104–93

104th Congress

An Act

To authorize appropriations for fiscal year 1996 for intelligence and intelligencerelated activities of the United States Government, the Community Management

Account, and the Central Intelligence Agency Retirement and Disability System,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence

Authorization Act for Fiscal Year 1996’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Community Management Account.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by law.

Sec. 302. Restriction on conduct of intelligence activities.

Sec. 303. Application of sanctions laws to intelligence activities.

Sec. 304. Thrift savings plan forfeiture.

Sec. 305. Authority to restore spousal pension benefits to spouses who cooperate in

criminal investigations and prosecutions for national security offenses.

Sec. 306. Secrecy agreements used in intelligence activities.

Sec. 307. Limitation on availability of funds for automatic declassification of

records over 25 years old.

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

Sec. 309. Report on personnel policies.

Sec. 310. Assistance to foreign countries.

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

TITLE IV—CENTRAL INTELLIGENCE AGENCY

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

Sec. 402. Volunteer service program.

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

TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Defense intelligence senior level positions.

Sec. 502. Comparable benefits and allowances for civilian and military personnel

assigned to defense intelligence functions overseas.

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

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

Intelligence

Authorization

Act for Fiscal

Year 1996.

Jan. 6, 1996

[H.R. 1655]
109 STAT. 962 PUBLIC LAW 104–93—JAN. 6, 1996

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. 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

President.
PUBLIC LAW 104–93—JAN. 6, 1996 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 Manage- ment 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
109 STAT. 964 PUBLIC LAW 104–93—JAN. 6, 1996

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—APPLICATION OF SANCTIONS LAWS TO

INTELLIGENCE ACTIVITIES

‘‘STAY OF SANCTIONS

‘‘SEC. 901. 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. 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. 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.

50 USC 441b.

50 USC 441a.

50 USC 441.

Reports.
PUBLIC LAW 104–93—JAN. 6, 1996 109 STAT. 965

‘‘LAWS SUBJECT TO STAY

‘‘SEC. 904. 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. 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) 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

5 USC 8432 note.

Termination

date.

50 USC 441d.

50 USC 441c.
109 STAT. 966 PUBLIC LAW 104–93—JAN. 6, 1996

of a criminal investigation and subsequent prosecution of the

individual which resulted in such forfeiture.’’.

SEC. 306. SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES.

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) 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

President.

Classified

information.

50 USC 435 note.
PUBLIC LAW 104–93—JAN. 6, 1996 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 carryforward funding;
109 STAT. 968 PUBLIC LAW 104–93—JAN. 6, 1996

(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 Intel- ligence 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) 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) 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 con- trol 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 (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 (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

50 USC 403–4

note.

50 USC 403–4

note.

President.

Reports.
PUBLIC LAW 104–93—JAN. 6, 1996 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. 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 Depart50 USC 435 note.
109 STAT. 970 PUBLIC LAW 104–93—JAN. 6, 1996

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:

‘‘§ 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—
PUBLIC LAW 104–93—JAN. 6, 1996 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) 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

Notification.
109 STAT. 972 PUBLIC LAW 104–93—JAN. 6, 1996

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;
PUBLIC LAW 104–93—JAN. 6, 1996 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:

‘‘§ 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
109 STAT. 974 PUBLIC LAW 104–93—JAN. 6, 1996

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:

‘‘§ 624. 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

15 USC 1681u.
PUBLIC LAW 104–93—JAN. 6, 1996 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
109 STAT. 976 PUBLIC LAW 104–93—JAN. 6, 1996

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;
PUBLIC LAW 104–93—JAN. 6, 1996 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.
109 STAT. 978 PUBLIC LAW 104–93—JAN. 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.

Æ

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.