Intelligence Authorization Act for Fiscal Year 1997

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: Combatting Proliferation

Subtitle A: Assessment of Organization and Structure of

Government for Combatting Proliferation

Subtitle B: Other Matters

Title VIII: Renewal and Reform of Intelligence Activities

Title IX: Financial Matters

Intelligence Authorization Act for Fiscal Year 1997 - Title I: Intelligence Activities - Authorizes appropriations for FY 1997 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency (CIA); (2) Department of Defense (DOD); (3) Defense Intelligence Agency; (4) National Security Agency (NSA); (5) Departments of the Army, Navy, and Air Force; (6) Departments of State, Treasury, and Energy; (7) Federal Bureau of Investigation (FBI); (8) Drug Enforcement Administration; (9) National Reconnaissance Office (NRO); and (10) National Imagery and Mapping Agency (NIMA).

(Sec. 102) Provides that the amounts of appropriations and the personnel ceilings authorized as of September 30, 1997, are specified in the Classified Schedule of Authorizations, 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 and with notification of the Senate and House Intelligence Committees, to authorize employment of civilian personnel in excess of the number authorized for FY 1997 (by not more than two percent for any element) when necessary for important intelligence functions.

(Sec. 104) Authorizes appropriations for the: (1) Intelligence Community Management Account of the DCI; (2) National Drug Intelligence Center (NDIC) in Johnstown, Pennsylvania; and (3) Environmental Intelligence and Applications Program. Authorizes 303 full-time personnel for the Community Management Staff of the DCI as of September 30, 1997.

Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for FY 1997 for the Central Intelligence Agency Retirement and Disability Fund.

Title III: General Provisions - Permits appropriations authorized under this Act for salary, pay, retirement, and other benefits for Federal employees to be increased to reflect adjustments authorized by law.

(Sec. 302) Provides that the authorization of appropriations by this Act shall not be deemed to authorize any intelligence activity not otherwise authorized by the Constitution or U.S. laws.

(Sec. 303) Limits to $27.2 million the amount of funds authorized to be used for the automatic declassification of foreign intelligence records over 25 years old (pursuant to a specified executive order).

(Sec. 304) Amends the National Security Act of 1947 (the Act) to extend through January 6, 1998, provisions authorizing the President to stay the imposition of sanctions that would compromise any related criminal investigation or intelligence source or method.

(Sec. 305) Waives, with the approval of the DCI, the Attorney General, and the Commissioner of Immigration and Naturalization, certain residence and physical presence requirements for naturalization of a spouse or child of an alien whose death resulted from the intentional and unauthorized disclosure of classified information regarding the alien's participation in U.S. intelligence activities.

(Sec. 306) Calls for enforcement of title VI of the Act (relating to protection of the identities of undercover intelligence officers, agents, informants, and sources).

(Sec. 307) Sets forth Buy American requirements.

(Sec. 308) Prohibits the provision of U.S. intelligence information to the United Nations or any affiliated organization unless the President certifies that the DCI has implemented procedures to protect U.S. intelligence sources and methods from unauthorized disclosure. Permits national security waivers. Requires the President to report on information provided and on unauthorized disclosures.

(Sec. 309) Declares U.S. policy that the Intelligence Community (IC) may not use U.S. news correspondents or media representatives as agents. Provides for national security waivers. Permits voluntary cooperation by such journalists.

(Sec. 310) Directs the DCI to report to the Congress on the potential responses of the IC to threats to and attacks upon the U.S. information infrastructure by foreign countries, groups, or individuals or other entities.

Title IV: Central Intelligence Agency - Provides that the agency remittance to the civil service retirement and disability fund required for employees who receive voluntary separation pay under the Central Intelligence Agency Voluntary Separation Pay Act shall be in lieu of the remittance required with respect to voluntary separation incentive payments under civil service retirement provisions.

(Sec. 402) Directs the DCI to prescribe regulations requiring each CIA employee to sign a written agreement restricting the activities of such employee after such employment. Requires the inclusion of disciplinary actions for violations of such regulations.

Title V: Department of Defense Intelligence Activities - Directs the President to submit to the appropriate congressional committees a report on actions taken to ensure adequate executive oversight of the NRO budget and the budgets of the other elements of the IC within DOD.

Title VI: Federal Bureau of Investigation - Amends the Federal criminal code to authorize the FBI Director to request local and long distance toll billing records for counterintelligence purposes, subject to specified requirements.

Revises provisions concerning civil actions for violations regarding stored wire and electronic communications and transactional records access to authorize any individual aggrieved by such a violation to bring suit. Authorizes the court to assess: (1) punitive damages if the violation is willful or intentional; and (2) costs of the action, together with reasonable attorney's fees, in the case of a successful action. Provides for disciplinary actions for violations.

Title VII: Combatting Proliferation - Combatting Proliferation of Weapons of Mass Destruction Act of 1996 - Subtitle A: Assessment of Organization and Structure of Government for Combatting Proliferation - Establishes the Commission to Assess the Organization of the Federal Government to Combat the Proliferation of Weapons of Mass Destruction. Requires Commission members to be nationally recognized for expertise regarding nonproliferation. Directs the Commission to study the organization of the Government, including the elements of the IC, make specified assessments, and report to the Congress on recommendations for improving the effectiveness of the organization of the Federal departments and agencies in meeting U.S. national security interests with respect to the proliferation of weapons of mass destruction. Terminates the Commission 60 days after submission of its report.

Subtitle B: Other Matters - Requires the DCI to report on: (1) the acquisition by foreign countries of dual-use and other technology useful for the development or production of weapons of mass destruction and advanced conventional munitions; and (2) trends in the acquisition of such technology by such countries.

Title VIII: Renewal and Reform of Intelligence Activities - Intelligence Renewal and Reform Act of 1996 - Amends the Act to establish within the National Security Council (NSC) the Committee on Foreign Intelligence. Directs the Committee to submit annually to the NSC and the DCI a comprehensive report on its activities in assisting the NSC in identifying and prioritizing the intelligence required to address U.S. national security needs as specified by the President.

(Sec. 803) Directs the President to report annually to the appropriate congressional committees on the U.S. requirements for intelligence and the activities of the IC.

(Sec. 804) Establishes within the NSC the Committee on Transnational Threats to coordinate and direct Government activities relating to combatting transnational threats.

(Sec. 805) Revises provisions of the Act regarding the duties, composition, and staffing of the DCI. Establishes the new position of Deputy Director of Central Intelligence for Community Management, with specified duties.

(Sec. 806) Revises provisions regarding the National Intelligence Council. Requires the DCI to prescribe appropriate security requirements for persons appointed from the private sector as contractors of the Council or employees of such contractors. Requires the Council to evaluate intelligence community-wide collection and production activities. Authorizes the Council to carry out its responsibilities by contract, including contracts for substantive experts necessary to assist with particular assessments. Directs that the Council be readily accessible to policymaking officials and other appropriate individuals not otherwise associated with the IC.

(Sec. 807) Requires the DCI to facilitate the development of an annual budget for U.S. intelligence and intelligence-related activities by: (1) developing and presenting to the President an annual budget for the National Foreign Intelligence Program; and (2) participating in the development by the Secretary of Defense (Secretary) of the annual budgets of the Joint Military Intelligence Program (JMIP) and the Tactical Intelligence and Related Activities Program.

Requires the DCI to improve collection requirements, determine collection priorities, and resolve conflicts in such priorities levied on national collection assets, except as otherwise agreed with the Secretary pursuant to the direction of the President.

Amends the Act to direct the Secretary to consult with the DCI before reprogramming funds made available under the JMIP.

Requires the DCI and the Secretary to jointly: (1) prescribe guidelines to ensure the prompt reporting of budget execution data for all national, defense-wide, and tactical intelligence activities; and (2) issue guidance for the development and implementation of a database to provide timely and accurate information on the amounts, purposes, and status of resources for such tactical intelligence activities. Requires an annual report from the DCI on tactical intelligence personnel, training, and administration activities.

(Sec. 808) Requires the DCI to submit annually to the Committee on Foreign Intelligence of the NSC and the appropriate congressional committees an evaluation of the performance and responsiveness of NSA, NRO, and NIMA.

(Sec. 809) Amends the Act to establish an Assistant Director of Central Intelligence for: (1) Collection; (2) Analysis and Production; and (3) Administration. Requires the DCI and the Deputy Secretary of Defense to jointly report to specified congressional committees on ongoing efforts to achieve commonality, interoperability, and consolidation of the collection of clandestine intelligence from human sources conducted by the DOD's Defense Human Intelligence Service and the CIA's Directorate of Operations.

(Sec. 812) Sets the pay level of the three new Assistant Directors of Central Intelligence.

(Sec. 813) Amends the Central Intelligence Agency Act of 1949 to establish a General Counsel of the CIA.

(Sec. 814) Amends the Act to authorize intelligence agencies to collect outside of the United States information about non-U.S. persons at the request of a law enforcement agency. Makes such authority applicable only to NSA, NRO, NIMA, and the DIA. Precludes the direct participation of a member of the U.S. armed forces in an arrest. Prohibits any such assistance that will adversely affect U.S. military preparedness.

(Sec. 815) Revises Act provisions to require the Secretary to obtain the concurrence of the DCI before recommending to the President an individual for appointment as Director of NSA, NRO, or NIMA. Authorizes the Secretary, if the DCI does not concur in the recommendation, to make such recommendation with a statement that the DCI does not concur. Directs the department head having jurisdiction over the position to consult with the DCI before appointing or recommending to the President an individual to fill a vacancy for the position of Director of DIA, Assistant Secretary of State for Intelligence and Research, and Director of the Office of Nonproliferation and National Security of the Department of Energy. Provides notice requirements relating to the appointment of the Assistant Director of the FBI's National Security Division.

(Sec. 816) Directs the DCI to study and report to the President, the Secretary, and the intelligence committees concerning the future of intelligence collection.

(Sec. 817) Requires the DCI to report to the appropriate congressional committees on the Surge Augmentation Program to provide for an Intelligence Reserve Corps to serve as a surge or augmentation resource for the IC.

Title IX: Financial Matters - Provides that amounts obligated or expended for intelligence and intelligence-related activities based on appropriations provided under the Omnibus Consolidated Rescissions and Appropriations Act of 1996 shall be deemed to have been specifically authorized by the Congress for purposes of the Act. Ratifies and confirms such amounts.