Intelligence Authorization Act for Fiscal Year 1997
Became Public Law No: 104-293.
Congressional Research Service
Official summary
Version 48 · Conference report filed in House · Sep 24, 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: 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.
Senate agreed to conference report by Unanimous Consent. (consideration: CR S11321-11326)
Conference report agreed to in Senate: Senate agreed to conference report by Unanimous Consent.(consideration: CR S11321-11326)
Conference papers: message on House action held at the desk in Senate.
Conference papers: Senate report and managers' statement held at the desk in Senate.
On agreeing to the conference report Agreed to by voice vote. (consideration: CR H11071)
Motions to reconsider laid on the table Agreed to without objection.
Conference report agreed to in House: On agreeing to the conference report Agreed to by voice vote.(consideration: CR H11071)
The previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate on the conference report.
Mr. Combest brought up conference report H. Rept. 104-832 for consideration under the provisions of H. Res. 529. (consideration: CR H11056-11071)
Rule H. Res. 529 passed House.
Rules Committee Resolution H. Res. 529 Reported to House. Rule provides for consideration of the conference report to H.R. 3259. Waiving poits of order against the conference report and against its consideration.
Conference report H. Rept. 104-832 filed. (text of conference report: CR H10937-10950)
Conference report filed: Conference report H. Rept. 104-832 filed.(text of conference report: CR H10937-10950)
Conferees agreed to file conference report.
Conference committee actions: Conferees agreed to file conference report.
Motion to reconsider laid on the table Agreed to without objection.
The Speaker appointed conferees - from the Committee on National Security for consideration of defense tactical intelligence and related agencies: Stump, Spence, and Dellums.
The Speaker appointed conferees - from the Permanent Select Committee on Intelligence for consideration of the House bill and the Senate amendment, and modifications committed to conference: Combest, Dornan, Young (FL), Hansen, Lewis (CA), Goss, Shuster, McCollum, Castle, Dicks, Richardson, Dixon, Torricelli, Coleman, Skaggs, and Pelosi.
Motion to reconsider laid on the table Agreed to without objection.
The Speaker appointed conferees
On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection. (consideration: CR H10531)
Mr. Combest asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference.
Message on Senate action sent to the House.
Senate appointed conferees. Thurmond; Nunn from the Committee on Armed Services.
Senate insists on its amendment asks for a conference, appoints conferees Specter; Shelby; Lugar; Dewine; Kyl; Inhofe; Hutchison; Cohen; Brown; Kerrey; Glenn; Bryan; Graham; Kerry; Baucus; Johnston; Robb. (consideration: CR S10647)
Passed Senate in lieu of S. 1718 with an amendment by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate in lieu of S. 1718 with an amendment by Unanimous Consent.
Senate struck all after the Enacting Clause and substituted the language of S. 1718 amended.
Measure laid before Senate. (consideration: CR S10641)
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 420.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3259.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by voice vote.
Passed/agreed to in House: On passage Passed by voice vote.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3259.
ORDER OF PROCEDURE - The Chair announced the unfinished business to be further consideration of the Richardson amendment, as amended; the Sanders amendment; and the Conyers amendment, on which recorded votes had been requested and postponed.
POSTPONED PROCEEDINGS - The Chair put the question on the Conyers amendment, and by voice vote, announced that the ayes had prevailed. Mr. Conyers asked for a recorded vote pending the absence of a quorum. The Chair postponed further proceedings on the amendment and the point of no quorum was considered as withdrawn.
POSTPONED PROCEEDINGS - The Chair put the question on the Sanders amendment, and by voice vote, announced that the ayes had prevailed. Mr. Sanders asked for a recorded vote pending the absence of a quorum. The Chair postponed further proceedings on the amendment and the point of no quorum was considered as withdrawn.
POSTPONED PROCEEDINGS - The Chair put the question on the Richardson amendment as amended by the Murtha amendment, and by voice vote, announced that the ayes had prevailed. Mr. Richardson asked for a recorded vote pending the absence of a quorum. The Chair postponed further proceedings on the amendment and the point of no quorum was considered as withdrawn.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate.
The Speaker designated the Honorable Jay Dickey to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 437 and Rule XXIII.
Rule provides for consideration of H.R. 3259 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill. Measure will be read by title. Specified amendments are in order. No amendment to the committee amendment in the nature of a substitute shall be in order unless printed in the portion of the Congressional Record designated for that purpose in clause 6 of rule XXIII.
Considered under the provisions of rule H. Res. 437. (consideration: CR H5389-5431)
Rule H. Res. 437 passed House.
Rules Committee Resolution H. Res. 437 Reported to House. Rule provides for consideration of H.R. 3259 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill. Measure will be read by title. Specified amendments are in order. No amendment to the commitee amendment in the nature of a substitute shall be in order unless printed in the portion of the Congressional Record designated for that purpose in clause 6 of rule XXIII.
Placed on the Union Calendar, Calendar No. 285.
Committee on National Security discharged.
Committee on National Security discharged.
Referred sequentially to the House Committee on National Security for a period ending not later than May 16, 1996 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(k), rule X.
Reported (Amended) by the Committee on Intelligence (Permanent). H. Rept. 104-578, Part I.
Reported (Amended) by the Committee on Intelligence (Permanent). H. Rept. 104-578, Part I.
Ordered to be Reported (Amended) by the Yeas and Nays: 10 - 0.
Committee Consideration and Mark-up Session Held.
Referred to the House Committee on Intelligence (Permanent Select).
Introduced in House
Introduced in House
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