Pub.L. 104-294 To amend title 18, United States Code, to protect proprietary economic information, and for other purposes. <> ...

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[[Page 110 STAT. 3461]]

Public Law 104-293
104th Congress

                                 An Act


 
 To authorize appropriations for fiscal year 1997 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. <<NOTE: Oct. 
                       11, 1996 -  [H.R. 3259]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Intelligence 
Authorization Act for Fiscal Year 1997.>> 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 1997''.
    (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. Limitation on availability of funds for automatic 
           declassification of records over 25 years old.
Sec. 304. Application of sanctions laws to intelligence activities.
Sec. 305. Expedited naturalization.
Sec. 306. Sense of Congress on enforcement of requirement to protect the 
           identities of undercover intelligence officers, agents, 
           informants, and sources.
Sec. 307. Sense of Congress on intelligence community contracting.
Sec. 308. Restrictions on intelligence sharing with the United Nations.
Sec. 309. Prohibition on using journalists as agents or assets.
Sec. 310. Report on policy of intelligence community regarding the 
           protection of the national information infrastructure against 
           attack.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Elimination of double surcharge on Central Intelligence Agency 
           relating to employees who retire or resign in fiscal years 
           1998 or 1999 and who receive voluntary separation incentive 
           payments.
Sec. 402. Post-employment restrictions.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Executive branch oversight of budgets of elements of the 
           intelligence 
           community.

                TITLE VI--FEDERAL BUREAU OF INVESTIGATION

Sec. 601. Access to telephone records.

[[Page 110 STAT. 3462]]

                   TITLE VII--COMBATTING PROLIFERATION

Sec. 701. Short title.

 Subtitle A--Assessment of Organization and Structure of Government for 
                        Combatting Proliferation

Sec. 711. Establishment of commission.
Sec. 712. Duties of commission.
Sec. 713. Powers of commission.
Sec. 714. Commission personnel matters.
Sec. 715. Termination of commission.
Sec. 716. Definition.
Sec. 717. Payment of commission expenses.

                        Subtitle B--Other Matters

Sec. 721. Reports on acquisition of technology relating to weapons of 
           mass 
           destruction and advanced conventional munitions.

        TITLE VIII--RENEWAL AND REFORM OF INTELLIGENCE ACTIVITIES

Sec. 801. Short title.
Sec. 802. Committee on Foreign Intelligence.
Sec. 803. Annual reports on intelligence.
Sec. 804. Transnational threats.
Sec. 805. Overall management of central intelligence.
Sec. 806. National Intelligence Council.
Sec. 807. Enhancement of authority of Director of Central Intelligence 
           to manage budget, personnel, and activities of intelligence 
           community.
Sec. 808. Responsibilities of Secretary of Defense pertaining to the 
           National 
           Foreign Intelligence Program.
Sec. 809. Improvement of intelligence collection.
Sec. 810. Improvement of analysis and production of intelligence.
Sec. 811. Improvement of administration of intelligence activities.
Sec. 812. Pay level of Deputy Director of Central Intelligence for 
           Community Management and Assistant Directors of Central 
           Intelligence.
Sec. 813. General Counsel of the Central Intelligence Agency.
Sec. 814. Assistance for law enforcement agencies by intelligence 
           community.
Sec. 815. Appointment of officials responsible for intelligence-related 
           activities.
Sec. 816. Study on the future of intelligence collection.
Sec. 817. Intelligence Reserve Corps.

                       TITLE IX--FINANCIAL MATTERS

Sec. 901. Authorization of funding provided by 1996 supplemental 
           appropriations Act.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1997 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (6) The Department of State.
            (7) The Department of Treasury.
            (8) The Department of Energy.
            (9) The Federal Bureau of Investigation.
            (10) The Drug Enforcement Administration.
            (11) The National Reconnaissance Office.
            (12) The National Imagery and Mapping Agency.

[[Page 110 STAT. 3463]]

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, 1997, 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. 3259 of the One Hundred Fourth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director of 
the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian 
personnel in excess of the number authorized for fiscal year 1997 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 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) Authorizations of Appropriations.--There is authorized to be 
appropriated for the Community Management Account of the Director of 
Central Intelligence for fiscal year 1997 the sum of $131,116,000. 
Within such amount, funds identified in the classified Schedule of 
Authorizations referred to in section 102(a) for the Advanced Research 
and Development Committee shall remain available until September 30, 
1998.
    (b) Authorized Personnel Levels.--The staff of the Community 
Management Account of the Director of Central Intelligence is authorized 
303 full-time personnel as of September 30, 1997. 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 1997, any officer or employee 
of the United States or member of the Armed Forces who is detailed to 
the staff of the Community Management Account 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 
non-reimbursable basis for a period of less than one year for the 
performance of temporary functions as required by the Director of 
Central Intelligence.

[[Page 110 STAT. 3464]]

    (d) National <<NOTE: 21 USC 873 note.>> Drug Intelligence Center.--
(1) Of the amount authorized to be appropriated in subsection (a), 
$27,000,000 shall be available for the National Drug Intelligence Center 
located in Johnstown, Pennsylvania.

    (2) The Director of Central Intelligence shall transfer to the 
Attorney General funds available for the National Drug Intelligence 
Center under paragraph (1). The Attorney General shall utilize funds so 
transferred for the activities of the Center.
    (3) Amounts available for the Center may not be used in 
contravention of the provisions of section 103(d)(1) of the National 
Security Act of 1947 (50 U.S.C. 403-3(d)(1)).
    (4) Notwithstanding any other provision of law, the Attorney General 
shall retain full authority over the operations of the Center.
    (e) Environmental Programs.--Of the amount authorized to be 
appropriated in subsection (a), $18,000,000 shall be available for the 
Environmental Intelligence and Applications Program, 
formerly known as the Environmental Task Force, and remain available 
until September 30, 1998.

          TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
                            DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 1997 the sum of 
$184,200,000.

                      TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
            LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

SEC. 303. LIMITATION ON AVAILABILITY OF FUNDS FOR AUTOMATIC 
            DECLASSIFICATION OF RECORDS OVER 25 YEARS OLD.

    Of the amounts authorized to be appropriated for fiscal year 1997 by 
this Act for the National Foreign Intelligence Program, not more than 
$27,200,000 shall be available to carry out the provisions of section 
3.4 of Executive Order 12958.

SEC. 304. APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES.

    Section 905 of the National Security Act of 1947 (50 U.S.C. 441d) is 
amended by striking out ``on the date which is one year

[[Page 110 STAT. 3465]]

after the date of the enactment of this title'' and inserting in lieu 
thereof ``on January 6, 1998''.

SEC. 305. <<NOTE: 8 USC 1427 note.>> EXPEDITED NATURALIZATION.

    (a) In General.--With the approval of the Director of Central 
Intelligence, the Attorney General, and the Commissioner of Immigration 
and Naturalization, an applicant described in subsection (b) and 
otherwise eligible for naturalization may be 
naturalized without regard to the residence and physical presence 
requirements of section 316(a) of the Immigration and Nationality Act, 
or to the prohibitions of section 313 of such Act, and no residence 
within a particular State or district of the Immigration and 
Naturalization Service in the United States shall be required.
    (b) Eligible Applicant.--An applicant eligible for naturalization 
under this section is the spouse or child of a deceased alien whose 
death resulted from the intentional and unauthorized disclosure of 
classified information regarding the alien's participation in the 
conduct of United States intelligence activities and who--
            (1) has resided continuously, after being lawfully admitted 

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