H. R. 1655
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
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.
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.
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Sec. 505. Military Department Civilian Intelligence Personnel Management Sys-
tem.
Sec. 506. Enhancement of capabilities of certain Army facilities.
TITLE VI—FEDERAL BUREAU OF INVESTIGATION
Sec. 601. Disclosure of information and consumer reports to FBI for counterintel-
ligence 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 Govern-
ment:
(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 AUTHORIZA-
TIONS.—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 person-
nel in excess of the number authorized for fiscal year 1996 under
section 102 when the Director of Central Intelligence determines
that such action is necessary to the performance of important
intelligence functions, except that the number of personnel
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employed in excess of the number authorized under such section
may not, for any element of the intelligence community, exceed
two percent of the number of civilian personnel authorized under
such section for such element.
(b) NOTICE
TO INTELLIGENCE COMMITTEES.—The Director of
Central Intelligence shall promptly notify the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate whenever he
exercises the authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Community Management Account of
the Director of Central Intelligence for fiscal year 1996 the sum
of $90,713,000. Within such amounts authorized, funds identified
in the classified Schedule of Authorizations referred to in section
102(a) for the Advanced Research and Development Committee
and the Environmental Task Force shall remain available until
September 30, 1997.
(b) AUTHORIZED PERSONNEL LEVELS.—The Community 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 DISABIL-
ITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intel-
ligence 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, retire-
ment, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary
for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be
deemed to constitute authority for the conduct of any intelligence
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activity which is not otherwise authorized by the Constitution or
the laws of the United States.
SEC. 303. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES.
(a) GENERAL PROVISIONS.—The National Security Act of 1947
(50 U.S.C. 401 et seq.), is amended by adding at the end thereof
the following new title:
‘‘TITLE IX—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, organiza-
tion, or person when the President determines and reports to Con-
gress in accordance with section 903 that to proceed without delay
would seriously risk the compromise of an ongoing criminal inves-
tigation 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 Inter-
national Relations of the House of Representatives and the Commit-
tee on Foreign Relations of the Senate. With respect to determina-
tions relating to intelligence sources and methods, reports shall
also be submitted to the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select Committee
on Intelligence of the Senate. With respect to determinations relat-
ing to ongoing criminal investigations, reports shall also be submit-
ted to the Committees on the Judiciary of the House of Representa-
tives and the Senate.
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‘‘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, diplo-
matic, or other sanction or related action by the United States
Government related to the proliferation of weapons of mass destruc-
tion, 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 contribu-
tions, 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 INVESTIGA-
TIONS AND PROSECUTIONS FOR NATIONAL SECURITY
OFFENSES.
Section 8318 of title 5, United States Code, is amended by
adding at the end the following:
‘‘(e) The spouse of an individual whose annuity or retired pay
is forfeited under section 8312 or 8313 after the date of enactment
of this subsection shall be eligible for spousal pension benefits
if the Attorney General of the United States determines that the
spouse fully cooperated with Federal authorities in the conduct
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of a criminal investigation and subsequent prosecution of the
individual which resulted in such forfeiture.’’.
SEC. 306. SECRECY AGREEMENTS USED IN INTELLIGENCE ACTIVITIES.
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 mini-
mum—
(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 Govern-
ment; 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 auto-
matic declassification of records over 25 years old.
(b) REQUIRED BUDGET SUBMISSION.—The President shall sub-
mit 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 Execu-
tive 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 legis-
lation, 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
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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 Intel-
ligence 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 RECONNAIS-
SANCE 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 Reconnais-
sance 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 congres-
sional 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 require-
ments;
(E) determine how the National Reconnaissance Office
tracks and manages carry-forward funding;
(F) determine how the National Reconnaissance Office
plans to comply with congressional direction regarding carry-
forward funding;
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(G) determine whether or not a contract entered into by
the National Reconnaissance Office has ever encountered a
contingency which required the utilization of more than 30
days of carry-forward funding;
(H) consider the proposal by the Director of Central 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 con-
trol 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 ele-
ments 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 Intel-
ligence Agency Voluntary Separation Pay Act (50 U.S.C. 403–4(f))
is amended by striking ‘‘September 30, 1997’’ and inserting ‘‘Septem-
ber 30, 1999’’.
(b) REMITTANCE OF FUNDS.—Section 2 of the Central Intel-
ligence 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
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and Disability Fund (in addition to any other payments which
the Director is required to make under subchapter III of chapter
83 and subchapter II of chapter 84 of title 5, United States Code),
an amount equal to 15 percent of the final basic pay of each
employee who, in fiscal year 1998 or fiscal year 1999, retires volun-
tarily 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 declas-
sification 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 sub-
section (a). Such costs may include (but need not be limited to)
training, transportation, lodging, subsistence, equipment, and sup-
plies. 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 serv-
ices 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 guide-
lines as may be issued by the Attorney General pursuant to sub-
section (b)(2) of such section. A copy of all such reports shall
be furnished to the Director.’’.
(b) EXCEPTION
TO
NONDISCLOSURE
REQUIREMENT.—Section
17(e)(3)(A) of such Act is amended by inserting after ‘‘investigation’’
the following: ‘‘or the disclosure is made to an official of the Depart-
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ment of Justice responsible for determining whether a prosecution
should be undertaken’’.
TITLE V—DEPARTMENT OF DEFENSE
INTELLIGENCE ACTIVITIES
SEC. 501. DEFENSE INTELLIGENCE SENIOR LEVEL POSITIONS.
Section 1604 of title 10, United States Code, is amended to
read as follows:
‘‘§ 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 ALLOW-
ANCES 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 com-
pensation (in addition to basic pay under paragraph (1)) and bene-
fits, incentives, and allowances consistent with, and not in excess
of the levels authorized for, comparable positions authorized by
title 5.
‘‘(c) PREVAILING RATES SYSTEMS.—The Secretary of Defense
may, consistent with section 5341 of title 5, adopt such provisions
of that title as provide for prevailing rate systems of basic pay
and may apply those provisions to positions in or under which
the Defense Intelligence Agency or the Central Imagery Office
may employ individuals described by section 5342(a)(2)(A) of such
title.
‘‘(d) ALLOWANCES BASED ON LIVING COSTS AND ENVIRONMENT
FOR EMPLOYEES STATIONED OUTSIDE CONTINENTAL UNITED STATES
OR IN ALASKA.—(1) In addition to the basic compensation payable
under subsection (b), employees of the Defense Intelligence Agency
and the Central Imagery Office described in paragraph (3) may
be paid an allowance, in accordance with regulations prescribed
by the Secretary of Defense, at a rate not in excess of the allowance
authorized to be paid under section 5941(a) of title 5 for employees
whose rates of basic pay are fixed by statute.
‘‘(2) Such allowance shall be based on—
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‘‘(A) living costs substantially higher than in the District
of Columbia;
‘‘(B) conditions of environment which—
‘‘(i) differ substantially from conditions of environment
in the continental United States; and
‘‘(ii) warrant an allowance as a recruitment incentive;
or
‘‘(C) both of those factors.
‘‘(3) This subsection applies to employees who—
‘‘(A) are citizens or nationals of the United States; and
‘‘(B) are stationed outside the continental United States
or in Alaska.
‘‘(e) TERMINATION
OF EMPLOYEES.—(1) Notwithstanding any
other provision of law, the Secretary of Defense may terminate
the employment of any employee of the Defense Intelligence Agency
or the Central Imagery Office if the Secretary—
‘‘(A) considers such action to be in the interests of the
United States; and
‘‘(B) determines that the procedures prescribed in other
provisions of law that authorize the termination of the employ-
ment of such employee cannot be invoked in a manner consist-
ent 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 Perma-
nent Select Committee on Intelligence of the House of Representa-
tives and the Select Committee on Intelligence of the Senate when-
ever 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 sub-
section 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 sub-
section, 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
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the GS–15 level, (B) emphasize functional expertise and advisory
activity, but (C) do not have the organizational or program manage-
ment 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 sec-
tion, 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 Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives.’’; and
(3) by adding at the end the following new subsection:
‘‘(d) Subsection (a) applies to civilian personnel of the Depart-
ment of Defense who—
‘‘(1) are United States nationals;
H. R. 1655—13
‘‘(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 Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives.’’; 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 specifi-
cally 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 PERSON-
NEL 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 estab-
lish an undergraduate training program with respect to civilian
employees in the Military Department Civilian Intelligence Person-
nel 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
H. R. 1655—14
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 pur-
pose.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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 FACILI-
TIES.
(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 notwith-
standing any other provision of law.
(b) SOURCE OF FUNDS.—Funds available for the Army for oper-
ations 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 Serv-
ices, 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
H. R. 1655—15
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 certifi-
cation 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 Intel-
ligence 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 provi-
sions 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 inter-
national terrorism (as that term is defined in section 101(c)
of the Foreign Intelligence Surveillance Act of 1978) or
H. R. 1655—16
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 inves-
tigation.
‘‘(d) CONFIDENTIALITY.—No consumer reporting agency or offi-
cer, 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 Inves-
tigation 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 Attor-
ney 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 informa-
tion 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;
H. R. 1655—17
‘‘(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 inten-
tional, 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 deter-
mines 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 deter-
mine 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 identi-
fying 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 recov-
ered.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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.
H. R. 1655—18
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’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.