Intelligence Authorization Act for Fiscal Year 1996

TABLE OF CONTENTS:

Title I: Intelligence Activities

Title II: Central Intelligence Agency Retirement and

Disability System

Title III: General Provisions

Title IV: Central Intelligence Agency

Title V: Department of Defense Intelligence Activities

Title VI: Federal Bureau of Investigation

Title VII: Technical Amendments

Intelligence Authorization Act for Fiscal Year 1996 - Title I: Intelligence Activities - Authorizes appropriations for FY 1996 for the conduct of the intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency (DIA); (4) National Security Agency (NSA); (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, the Treasury, and Energy; (7) Federal Bureau of Investigation (FBI); (8) Drug Enforcement Administration; (9) National Reconnaissance Office; and (10) Central Imagery Office.

(Sec. 102) Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1996, for such activities are those specified in the classified Schedule of Authorizations for the Conference Report for this bill, which shall be made available to the Senate and House Appropriations Committees and the President.

(Sec. 103) Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 1996 when the DCI determines that such action is necessary to the performance of important intelligence functions. Requires notification to the Senate and House Intelligence Committees (intelligence committees) when such authority is exercised.

(Sec. 104) Authorizes appropriations for the Community Management Account of the DCI for FY 1996, with authorized personnel levels for such staff for such fiscal year. Provides for the reimbursement of any U.S. officer or employee, or member of the armed forces, who is detailed to such Staff.

Title II: Central Intelligence Agency Retirement and Disability System - Authorizes a specified sum for the Central Intelligence Agency Retirement and Disability Fund for FY 1996.

Title III: General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law.

(Sec. 302) Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.

(Sec. 303) Amends the National Security Act of 1947 to authorize the President to delay the imposition of a sanction related to the proliferation of weapons of mass destruction, their delivery systems, or advanced conventional weapons when he determines and reports to the Congress that to proceed without such 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 such activities. Limits such a stay to 120 days unless such risk has not been obviated within such time, in which case an additional stay of 120 days will be permitted. Directs the President to promptly submit such required reports.

(Sec. 304) Forfeits contributions made by the Federal Government to the Thrift Savings Plan under the Federal Employees Retirement System on behalf of a Federal employee, as well as any earnings from such contributions, if the annuity of such employee, or that of any survivor or beneficiary, is forfeited due to conviction for certain crimes against the United States.

(Sec. 305) Makes the spouse of a Federal employee whose annuity or retired pay has been forfeited due to conviction for certain national security offenses eligible for spousal benefits if the Attorney General determines that such spouse fully cooperated with the Federal authorities in the investigation and prosecution which resulted in the forfeiture.

(Sec. 306) Allows a nondisclosure policy or agreement executed by a person connected with the conduct of an intelligence activity, other than a Federal employee or officer, to contain provisions appropriate to the particular activity for which such document is to be used. Provides minimum requirements for such agreements concerning authorized disclosure and nondisclosure.

(Sec. 307) Directs the DCI to use no more than $25 million of amounts authorized under this Act for activities related to the automatic declassification of CIA records over 25 years old. Requires the President to submit annual budget requests, beginning with FY 1997, for funds to be used for such activities.

(Sec. 308) Amends the Hatch Act Reform Amendments of 1993 to include employees of specified Federal agencies who are currently prohibited from engaging in certain political action under a Federal provision which authorizes the Office of Personnel Management to permit such activities under specified circumstances.

(Sec. 309) Requires the DCI to submit to the intelligence committees a report describing personnel procedures and recommended legislation for mandatory retirement due to expiration of time in class and for termination based on relative performance, comparable to provisions of the Foreign Service Act of 1980, and to provide for other personnel review systems for all civilian employees of the CIA, NSA, DIA, and the intelligence elements of the armed forces. Requires such report to include a description and analysis of voluntary separation incentive proposals, including a waiver of the two-percent penalty reduction for early retirement.

(Sec. 310) Allows funds authorized to be appropriated by this Act to be used to provide assistance to a foreign country for counterterrorism efforts if: (1) such assistance protects the property of the U.S. Government or the life and property of any of its citizens; and (2) the intelligence committees are notified at least 15 days in advance.

(Sec. 311) Directs the Inspector General of the CIA to undertake a comprehensive review of the financial management of the National Reconnaissance Office (NRO). Requires the DCI to report review results to the Congress. Directs the President to report to the appropriate congressional committees on a proposal to subject the intelligence community budget to greater oversight by the executive branch.

Title IV: Central Intelligence Agency - Extends through FY 1999 the Central Intelligence Agency Voluntary Separation Pay Act. Requires the CIA Director to remit to the Office of Personnel Management as a credit to the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee who retires voluntarily under such Act in FY 1998 or 1999 or resigns and to whom a voluntary separation incentive payment has or will be made.

(Sec. 402) Authorizes the DCI to establish and maintain a program for FY 1996 through 2001 to utilize the services contributed by not more than 50 annuitants who serve as volunteers in the aid of a review for the declassification or downgrading of classified information of the CIA under applicable executive orders and public law. Authorizes the CIA to use available funds for paying costs incidental to the utilization of such services.

(Sec. 403) Requires the CIA Inspector General (currently, the DCI) to report to the Attorney General any information, complaints, or allegations concerning possible violations of law involving a CIA program or operation. Exempts from information nondisclosure requirements a disclosure by the Inspector General to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken.

Title V: Department of Defense Intelligence Activities - Authorizes the Secretary to establish, fix the compensation of, and make appointments to such positions in DIA and the Central Imagery Office as necessary to carry out the functions of such Agency and Office. Allows such employees to be paid an allowance for living costs and environmental conditions associated with service outside of the continental United States or in Alaska. Authorizes the Secretary to terminate such employees under specified conditions, requiring notification to the intelligence committees of any such terminations. Limits the authority of the Secretary to delegate such responsibilities. Authorizes the Secretary to designate a limited number of defense intelligence senior level positions.

(Sec. 502) Provides to civilian and military personnel assigned to DIA outside the United States benefits and allowances comparable to those provided to officers and employees of the Foreign Service.

(Sec. 503) Extends through December 31, 1998, the authority of the Secretary of Defense to authorize DOD to conduct commercial activities as security for intelligence collection activities abroad.

(Sec. 504) States that all funds appropriated for FY 1995 for the Medium Altitude Endurance Unmanned Aerial Vehicle (Tier II) are specifically authorized for such purpose.

(Sec. 505) Directs the Secretary to establish an undergraduate training program with respect to civilian employees in the Military Departments' Civilian Intelligence Personnel Management System that is similar to the program established by the Secretary for civilian employees of NSA under the National Security Act of 1959. Requires the availability of appropriated funds for such purpose.

(Sec. 506) Authorizes the Secretary of the Army to transfer or reprogram funds for the enhancement of the capabilities of the Bad Aibling and Menwith Hill intelligence stations. Provides funding from Army operation and maintenance funds. Requires congressional notification whenever the total amount transferred or reprogrammed in a fiscal year for such purpose exceeds $1 million.

Title VI: Federal Bureau of Investigation - Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to furnish to the FBI for counterintelligence purposes the names and addresses of all financial institutions at which a consumer maintains or has maintained an account. Requires an FBI request for such information to be in writing and signed by the FBI Director or his designee and to certify compliance with requirements of this title. Requires the Director, before making such certification, to determine that: (1) the information is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are facts giving reason to believe that the consumer is a foreign power or agent of a foreign power. Outlines the information required to be transmitted by a CRA upon a valid certification. Authorizes a court to issue an order ex parte directing the release of such information by a CRA upon proper FBI certification. Provides CRA information confidentiality requirements. Directs the FBI to pay a CRA a fee for reasonable costs associated with the gathering and disclosure of such information. Limits the authorized FBI dissemination of such information. Directs the Attorney General to inform specified congressional committees semiannually concerning all requests made under this title. Provides for damages and disciplinary actions for the unlawful disclosure of such information, with a good-faith exception in the case of a CRA which relies upon an FBI certification. Makes injunctive relief available for compliance with this title.

Title VII: Technical Amendments - Amends the National Security Act of 1947 to require active duty commissioned officers (currently, commissioned officers) to continue to receive commissioned officer military pay and allowances, except for retired pay, after appointment as a Director or Deputy Director of Central Intelligence.

(Sec. 702) Amends the National Security Act of 1947 to redesignate the CIA's Office of Security as the Office of Personnel Security.