Calendar No. 529

103D CONGRESS

2D SESSION H. R. 4299

AN ACT

To authorize appropriations for fiscal year 1995 for

tem, and for other purposes.ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Communityintelligence and intelligence-related activities of

JULY 21 (legislative day, JULY 20), 1994

Received; read twice and placed on the calendar
II

Calendar No. 529

103D CONGRESS

2D SESSION H. R. 4299

IN THE SENATE OF THE UNITED STATES

JULY 21 (legislative day, JULY 20), 1994

Received; read twice and placed on the calendar

AN ACT

To authorize appropriations for fiscal year 1995 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Intelligence Authoriza5 tion Act for Fiscal Year 1995’’.
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1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 1995 for the conduct of the intelligence and

6 intelligence-related activities of the following elements of

7 the United States Government:

8 (1) The Central Intelligence Agency.

9 (2) The Department of Defense.

10 (3) The Defense Intelligence Agency.

11 (4) The National Security Agency.

12 (5) The National Reconnaissance Office.

13 (6) The Department of the Army, the Depart14 ment of the Navy, and the Department of the Air

15 Force.

16 (7) The Department of State.

17 (8) The Department of the Treasury.

18 (9) The Department of Energy.

19 (10) The Federal Bureau of Investigation.

20 (11) The Drug Enforcement Administration.

21 (12) The Central Imagery Office.

22 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

23 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

24 CEILINGS.—The amounts authorized to be appropriated

25 under section 101, and the authorized personnel ceilings
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1 as of September 30, 1995, for the conduct of the intel2 ligence and intelligence-related activities of the elements

3 listed in such section, are those specified in the classified

4 Schedule of Authorizations prepared to accompany the bill

5 H.R. 4299 of the One Hundred Third Congress.

6 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU7 THORIZATIONS.—The Schedule of Authorizations shall be

8 made available to the Committees on Appropriations of

9 the Senate and House of Representatives and to the Presi10 dent. The President shall provide for suitable distribution

11 of the Schedule, or of appropriate portions of the Sched12 ule, within the executive branch.

13 SEC. 103. COMMUNITY MANAGEMENT ACCOUNT.

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated for the Community Manage16 ment Account of the Director of Central Intelligence for

17 fiscal year 1995 the sum of $91,800,000. Within such

18 amounts authorized, funds identified in the classified

19 Schedule of Authorizations referred to in section 102(a)

20 for the Advanced Research and Development Committee

21 and the Environmental Task Force shall remain avail22 able until September 30, 1996.

23 (b) AUTHORIZED PERSONNEL LEVELS.—The Com24 munity Management Account of the Director of Central

25 Intelligence is authorized 209 full-time personnel as of
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1 September 30, 1995. Such personnel of the Community

2 Management Account may be permanent employees of the

3 Community Management Account or personnel detailed

4 from other elements of the United States Government.

5 (c) REIMBURSEMENT.—During fiscal year 1995, any

6 officer or employee of the United States or a member of

7 the Armed Forces who is detailed to the Community Man8 agement Staff from another element of the United States

9 Government shall be detailed on a reimbursable basis, ex10 cept that any such officer, employee or member may be

11 detailed on a nonreimbursable basis for a period of less

12 than one year for the performance of temporary functions

13 as required by the Director of Central Intelligence.

14 TITLE II—CENTRAL INTEL15 LIGENCE AGENCY RETIRE16 MENT AND DISABILITY SYS17 TEM

18 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

19 There is authorized to be appropriated for the

20 Central Intelligence Agency Retirement and Disability

21 Fund for fiscal year 1995 the sum of $198,000,000.
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1 TITLE III—GENERAL

2 PROVISIONS

3 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

4 BENEFITS AUTHORIZED BY LAW.

5 Appropriations authorized by this Act for salary, pay,

6 retirement, and other benefits for Federal employees may

7 be increased by such additional or supplemental amounts

8 as may be necessary for increases in such compensation

9 or benefits authorized by law.

10 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

11 ACTIVITIES.

12 The authorization of appropriations by this Act shall

13 not be deemed to constitute authority for the conduct of

14 any intelligence activity which is not otherwise authorized

15 by the Constitution or laws of the United States.

16 SEC. 303. PURCHASE OF AMERICAN-MADE EQUIPMENT AND

17 PRODUCTS.

18 (a) SENSE OF CONGRESS.—It is the sense of the Con19 gress that, to the greatest extent practicable, all equip20 ment and products purchased with funds made available

21 in this Act should be American-made.

22 (b) NOTICE REQUIREMENT.—In providing financial

23 assistance to, or entering into any contract with, any en24 tity using funds made available in this Act, the head of

25 each agency of the Federal or District of Columbia govern-
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1 ment, to the greatest extent practicable, shall provide to

2 such entity a notice describing the statement made in sub3 section (a) by the Congress.

4 SEC. 304. DISCLOSURE OF CLASSIFIED INFORMATION BY

5 MEMBERS OF CONGRESS.

6 During the fiscal year 1995, no element of the United

7 States Government for which funds are authorized in this

8 Act may provide any classified information concerning or

9 derived from the intelligence or intelligence-related activi10 ties of any such element to a Member of the House of

11 Representatives unless and until a copy of the following

12 oath of secrecy has been signed by that Member and has

13 been published in the Congressional Record.

14 ‘‘I do solemnly swear that I will not willfully di15 rectly or indirectly disclose to any unauthorized per16 son any classified information received from any de17 partment of the Government funded in the Intel18 ligence Authorization Act for Fiscal Year 1995 in

19 the course of my duties as a Member of the United

20 States House of Representatives, except pursuant to

21 the Rules and Procedures of the House.’’.
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1 SEC. 305. DISCLOSURE OF CLASSIFIED INFORMATION BY

2 MEMBERS OF CONGRESS AND EXECUTIVE

3 BRANCH OFFICERS AND EMPLOYEES.

4 During the fiscal year 1995, no element of the United

5 States Government for which funds are authorized in this

6 Act may provide any classified information concerning or

7 derived from the intelligence or intelligence-related activi8 ties of such element to a Member of Congress or to an

9 officer or employee of the executive branch of the United

10 States Government unless and until a copy of the following

11 oath of secrecy has been signed by that Member, or officer

12 or employee, as the case may be, and has been published,

13 in an appropriate manner, in the Congressional Record:

14 ‘‘I do solemnly swear that I will not willfully di15 rectly or indirectly disclose to any unauthorized per16 son any classified information received from any de17 partment of the Government funded in the Intel18 ligence Authorization Act for Fiscal Year 1995 in

19 the course of my duties as a Member of Congress

20 (except pursuant to the rules and procedures of the

21 appropriate House of the Congress), or as an officer

22 or employee in the executive branch of the Govern23 ment, as the case may be.’’.

24 As used in this section, the term ‘‘Member of Congress’’

25 means a Member of the Senate or a Representative in,
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1 or a Delegate or Resident Commissioner to, the House of

2 Representatives.

3 TITLE IV—CENTRAL

4 INTELLIGENCE AGENCY

5 SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITALIZA6 TION.

7 Section 4(a)(5) of the Central Intelligence Agency

8 Act of 1949 (50 U.S.C. 403(e)(a)) is amended—

9 (1) in subparagraph (A)—

10 (A) by striking ‘‘, not the result of vicious

11 habits, intemperance, or misconduct on his

12 part,’’;

13 (B) by striking ‘‘he shall deem’’ and in14 serting ‘‘the Director deems’’;

15 (C) by striking ‘‘section 10 of the Act of

16 March 3, 1933 (47 Stat. 1516; 5 U.S.C. 73b)’’

17 and inserting ‘‘section 5731 of title 5, United

18 States Code’’;

19 (D) by striking ‘‘his recovery’’ and insert20 ing ‘‘the recovery of such officer or employee’’;

21 and

22 (E) by striking ‘‘his return to his post’’

23 and inserting ‘‘the return to the post of duty of

24 such officer or employee’’;
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1 (2) in subparagraph (B), by striking ‘‘his opin2 ion’’ both places it appears and inserting ‘‘the opin3 ion of the Director’’; and

4 (3) in subparagraph (C), by striking ‘‘, not the

5 result of vicious habits, intemperance, or misconduct

6 on his part,’’.

7 TITLE V—DEPARTMENT OF DE8 FENSE INTELLIGENCE AC9 TIVITIES

10 SEC. 501. CENTRAL IMAGERY OFFICE CIVILIAN PERSONNEL

11 MANAGEMENT.

12 (a) GENERAL PROVISIONS.—Chapter 83 of title 10,

13 United States Code, is amended as follows:

14 (1) By amending the heading of the chapter to

15 read as follows:

16 ‘‘CHAPTER 83—DEFENSE INTELLIGENCE

17 AGENCY AND CENTRAL IMAGERY OF18 FICE CIVILIAN PERSONNEL’’.

19 (2) In section 1601—

20 (A) by inserting ‘‘and the Central Imagery

21 Office’’ after ‘‘Defense Intelligence Agency’’ in

22 subsection (a);

23 (B) by inserting ‘‘or the Central Imagery

24 Office’’ after ‘‘outside the Defense Intelligence

25 Agency’’ and inserting ‘‘, the Central Imagery
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1 Office,’’ after ‘‘to the Defense Intelligence

2 Agency’’ in subsection (d); and

3 (C) by inserting ‘‘and the Central Imagery

4 Office’’ after ‘‘Defense Intelligence Agency’’ in

5 subsection (e).

6 (3) In section 1602, by inserting ‘‘and Central

7 Imagery Office’’ after ‘‘Defense Intelligence Agen8 cy’’.

9 (4) In section 1604—

10 (A) by inserting ‘‘and the Central Imagery

11 Office,’’ after ‘‘Defense Intelligence Agency’’ in

12 subsection (a)(1);

13 (B) by inserting ‘‘or the Central Imagery

14 Office’’ after ‘‘Defense Intelligence Agency’’ in

15 both places it occurs in the second sentence of

16 subsection (b);

17 (C) by inserting ‘‘or the Central Imagery

18 Office’’ after ‘‘Defense Intelligence Agency’’ in

19 subsection (c);

20 (D) by inserting ‘‘and the Central Imagery

21 Office’’ after ‘‘Defense Intelligence Agency’’ in

22 subsection (d);

23 (E) by inserting ‘‘or the Central Imagery

24 Office’’ after ‘‘Defense Intelligence Agency’’ in

25 subsection (e)(1); and
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1 (F) in subsection (e)(3)—

2 (i) by amending the first sentence to

3 read as follows: ‘‘The Secretary of Defense

4 may delegate authority under this sub5 section only to the Deputy Secretary of

6 Defense, the Director of the Defense Intel7 ligence Agency, the Director of the Central

8 Imagery Office, or all three.’’; and

9 (ii) by striking ‘‘either’’ and inserting

10 ‘‘any’’.

11 (b) CONFORMING CHANGE TO TITLE 10.—The items

12 relating to chapter 83 in the tables of chapters at the be13 ginning of subtitle A, and at the beginning of part II of

14 subtitle A, of title 10, United States Code, are amended

15 to read as follows:

‘‘83. Defense Intelligence Agency and Central Imagery Office Civilian Personnel ................................................................................. 1601’’.

16 (c) CHAPTER 23 OF TITLE 5.—Section

17 2302(a)(2)(C)(ii) of title 5, United States Code, is amend18 ed by inserting ‘‘the Central Imagery Office,’’ after ‘‘De19 fense Intelligence Agency,’’.

20 (d) CHAPTER 31 OF TITLE 5.—Section

21 3132(a)(1)(B) of title 5, United States Code, is amended

22 by inserting ‘‘the Central Imagery Office,’’ after ‘‘Defense

23 Intelligence Agency,’’.
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1 (e) CHAPTER 43 OF TITLE 5.—Section

2 4301(1)(B)(ii) of title 5, United States Code, is amended

3 by inserting ‘‘the Central Imagery Office,’’ after ‘‘Defense

4 Intelligence Agency,’’.

5 (f) CHAPTER 47 OF TITLE 5.—Section

6 4701(a)(1)(B) of title 5, United States Code, is amended

7 by inserting ‘‘the Central Imagery Office,’’ after ‘‘Defense

8 Intelligence Agency,’’.

9 (g) CHAPTER 51 OF TITLE 5.—Section 5102(a)(1)

10 of title 5, United States Code, is amended—

11 (1) by striking ‘‘or’’ at the end of clause (ix);

12 (2) by striking the period at the end of clause

13 (x) and inserting ‘‘; or’’; and

14 (3) by adding at the end the following:

15 ‘‘(xi) the Central Imagery Office, Depart16 ment of Defense.’’.

17 (h) CHAPTER 51 OF TITLE 5.—Section 5342(a)(1)

18 of title 5, United States Code, is amended—

19 (1) by striking ‘‘or’’ at the end of subparagraph

20 (J);

21 (2) by inserting ‘‘or’’ after the semicolon at the

22 end of subparagraph (K); and

23 (3) by adding at the end the following:

24 ‘‘(L) the Central Imagery Office, Depart25 ment of Defense;’’.
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1 (i) ADDITIONAL LEAVE TRANSFER PROGRAMS.—(1)

2 Section 6339(a)(1) of title 5, United States Code, is

3 amended—

4 (A) by striking ‘‘and’’ at the end of subpara5 graph (D);

6 (B) by redesignating subparagraph (E) as sub7 paragraph (F); and

8 (C) by inserting after subparagraph (D) the fol9 lowing new subparagraph (E):

10 ‘‘(E) the Central Imagery Office; and’’.

11 (2) Section 6339(a)(2) of such title is amended—

12 (A) by striking ‘‘and’’ at the end of subpara13 graph (D);

14 (B) by redesignating subparagraph (E) as sub15 paragraph (F);

16 (C) by inserting after subparagraph (D) the fol17 lowing new subparagraph (E):

18 ‘‘(E) with respect to the Central Imagery

19 Office, the Director of the Central Imagery Of20 fice; and’’; and

21 (D) in subparagraph (F), as redesignated by

22 subparagraph (B) of this paragraph, by striking

23 ‘‘paragraph (1)(E)’’ and inserting ‘‘paragraph

24 (1)(F)’’ both places it appears.
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1 (j) CHAPTER 71 OF TITLE 5.—Section 7103(a)(3) of

2 title 5, United States Code, is amended—

3 (1) by striking ‘‘or’’ at the end of subparagraph

4 (F);

5 (2) by inserting ‘‘or’’ at the end of subpara6 graph (G); and

7 (3) by adding at the end the following:

8 ‘‘(H) the Central Imagery Office;’’.

9 (k) CHAPTER 73 OF TITLE 5.—Section

10 7323(b)(2)(B)(i) of title 5, United States Code, is

11 amended—

12 (1) by striking ‘‘or’’ at the end of subclause

13 (XI); and

14 (2) by adding at the end the following:

15 ‘‘(XIII) the Central Imagery Office; or’’.

16 (l) CHAPTER 75 OF TITLE 5.—Section 7511(b)(8) of

17 title 5, United States Code, is amended by inserting ‘‘the

18 Central Imagery Office,’’ after ‘‘Defense Intelligence

19 Agency,’’.

20 (m) ETHICS IN GOVERNMENT ACT OF 1978.—Sec21 tion 105(a)(1) of the Ethics in Government Act of 1978

22 (5 U.S.C. App.) is amended by inserting ‘‘the Central Im23 agery Office,’’ after ‘‘Defense Intelligence Agency,’’.

24 (n) EMPLOYEE POLYGRAPH PROTECTION ACT OF

25 1988.—Section 7(b)(2)(A)(i) of the Employee Polygraph
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1 Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is

2 amended by inserting ‘‘the Central Imagery Office,’’ after

3 ‘‘Defense Intelligence Agency,’’.

4 SEC. 502. DISCLOSURE OF GOVERNMENTAL AFFILIATION

5 BY DEPARTMENT OF DEFENSE INTEL6 LIGENCE PERSONNEL OUTSIDE OF THE

7 UNITED STATES.

8 (a) GENERAL PROVISIONS.—Chapter 21 of title 10,

9 United States Code, is amended by adding at the end

10 thereof the following new section:

11 ‘‘§ 426. Disclosure of governmental affiliation by De12 partment of Defense intelligence person13 nel outside the United States

14 ‘‘Notwithstanding section 552a(e)(3) of title 5 or any

15 other provision of law, Department of Defense intelligence

16 personnel shall not be required, outside the United States,

17 to give notice of governmental affiliation to potential Unit18 ed States person sources during the initial assessment

19 contact. For the purposes of this section, the term ‘United

20 States’ includes the Commonwealth of Puerto Rico, the

21 Commonwealth of the Northern Mariana Islands, and any

22 territory or possession of the United States.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections

24 for subchapter I of such chapter is amended by adding

25 at the end thereof the following new item:
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‘‘426. Disclosure of governmental affiliation by Department of Defense intelligence personnel outside the United States.’’.

1 TITLE VI—INSPECTORS

2 GENERAL

3 SEC. 601. INSPECTORS GENERAL FOR DIA, NSA, AND CIA.

4 (a) DIA.—

5 (1) PURPOSES.—The purposes of this sub6 section are to—

7 (A) create an objective and effective office,

8 appropriately accountable to the Congress, to

9 initiate and conduct independently inspections,

10 investigations, and audits relating to programs

11 and operations of the Defense Intelligence

12 Agency;

13 (B) provide leadership and recommend

14 policies designed to promote economy, effi15 ciency, and effectiveness in the administration

16 of such programs and operations, and detect

17 fraud and abuse in such programs and oper18 ations;

19 (C) provide a means for keeping the Direc20 tor of the Defense Intelligence Agency fully and

21 currently informed about problems and defi22 ciencies relating to the administration of such

23 programs and operations, and the necessity for

24 and the progress of corrective actions; and
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1 (D) in the manner prescribed by the

2 amendments made by this subsection, ensure

3 that the Senate Select Committee on Intel4 ligence and the House Permanent Select Com5 mittee on Intelligence are kept similarly in6 formed of significant problems and deficiencies

7 as well as the necessity for and the progress of

8 corrective actions.

9 (2) ESTABLISHMENT OF OFFICE OF INSPECTOR

10 GENERAL.—The first section 8G of the Inspector

11 General Act of 1978 (5 U.S.C. App.) is amended—

12 (A) in subsection (a)(2) by inserting after

13 ‘‘the United States International Trade Com14 mission,’’ the following: ‘‘the Defense Intel15 ligence Agency,’’; and

16 (B) by adding at the end the following:

17 ‘‘(i)(1) The Inspector General of the Defense Intel18 ligence Agency shall be appointed by the Director of the

19 Defense Intelligence Agency (in this subsection referred

20 to as the ‘Director’) without regard to political affiliation

21 and on the basis of integrity, compliance with the security

22 standards of the Defense Intelligence Agency, and prior

23 experience in the field of foreign intelligence and in a Fed24 eral office of Inspector General.
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1 ‘‘(2)(A) Notwithstanding the second sentence of sec2 tion 8G(d), the Director may prohibit the Inspector Gen3 eral of the Defense Intelligence Agency from initiating,

4 carrying out, or completing any audit, inspection, or inves5 tigation if the Director determines that such prohibition

6 is necessary to protect vital national security interests of

7 the United States.

8 ‘‘(B) If the Director exercises any power under sub9 paragraph (A), the Director shall submit an appropriately

10 classified statement of the reasons for the exercise of such

11 power within 7 days to the intelligence committees. The

12 Director shall advise the Inspector General at the time

13 such report is submitted, and, to the extent consistent

14 with the protection of intelligence sources and methods,

15 provide the Inspector General with a copy of any such re16 port. In such cases, the Inspector General may submit

17 such comments to the intelligence committees that the Di18 rector considers appropriate.

19 ‘‘(3) The Inspector General of the Defense Intel20 ligence Agency shall take due regard for the protection

21 of intelligence sources and methods in the preparation of

22 all reports issued by the Office of Inspector General of

23 the Defense Intelligence Agency, and, to the extent con24 sistent with the purpose and objective of such reports, take

25 such measures as may be appropriate to minimize the dis-
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1 closure of intelligence sources and methods described in

2 such reports.

3 ‘‘(4)(A) The Inspector General of the Defense Intel4 ligence Agency shall, not later than January 31 and July

5 31 of each year, prepare and submit to the Director a clas6 sified semiannual report summarizing the activities of the

7 Office of Inspector General of the Defense Intelligence

8 Agency during the immediately preceding 6-month period

9 ending December 31 (of the preceding year) and June 30,

10 respectively. Within 30 days after receipt of such reports,

11 the Director shall transmit such reports to the intelligence

12 committees with any comments the Director may deem ap13 propriate. Such reports shall, at a minimum, include a list

14 of the title or subject of each inspection, investigation, or

15 audit conducted during the reporting period and—

16 ‘‘(i) a description of significant problems,

17 abuses, and deficiencies relating to the administra18 tion of programs and operations of the Defense In19 telligence Agency identified by the Office during the

20 reporting period;

21 ‘‘(ii) a description of the recommendations for

22 corrective action made by the Office during the re23 porting period with respect to significant problems,

24 abuses, or deficiencies identified in clause (i);
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1 ‘‘(iii) a statement of whether corrective action

2 has been completed on each significant recommenda3 tion described in previous semiannual reports, and,

4 in a case where corrective action has been com5 pleted, a description of such corrective action;

6 ‘‘(iv) a certification that the Inspector General

7 has had full and direct access to all information rel8 evant to the performance of the functions of the In9 spector General;

10 ‘‘(v) a description of all cases occurring during

11 the reporting period where the Inspector General

12 could not obtain documentary evidence relevant to

13 any inspection, audit, or investigation due to the

14 lack of authority to subpoena such information; and

15 ‘‘(vi) such recommendations as the Inspector

16 General may wish to make concerning legislation to

17 promote economy and efficiency in the administra18 tion of programs and operations undertaken by the

19 Defense Intelligence Agency, and to detect and

20 eliminate fraud and abuse in such programs and op21 erations.

22 ‘‘(B) The Inspector General of the Defense Intel23 ligence Agency shall report immediately to the Director

24 whenever the Inspector General becomes aware of particu25 larly serious or flagrant problems, abuses, or deficiencies
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1 relating to the administration of programs or operations.

2 The Director shall transmit such report to the intelligence

3 committees within 7 calendar days, together with any com4 ments the Director considers appropriate.

5 ‘‘(C) In the event that—

6 ‘‘(i) the Inspector General of the Defense Intel7 ligence Agency is unable to resolve any differences

8 with the Director affecting the execution of the In9 spector General’s duties or responsibilities; or

10 ‘‘(ii) the Inspector General, after exhausting all

11 possible alternatives, is unable to obtain significant

12 documentary information in the course of an inves13 tigation, inspection, or audit,

14 the Inspector General shall immediately report such mat15 ter to the intelligence committees.

16 ‘‘(D) Section 5 shall not apply to the Inspector Gen17 eral and the Office of Inspector General of the Defense

18 Intelligence Agency.

19 ‘‘(5) Subject to applicable law and the policies of the

20 Director, the Inspector General of the Defense Intelligence

21 Agency shall select, appoint, and employ such officers and

22 employees as may be necessary to carry out the functions

23 of the Inspector General. In making such selections, the

24 Inspector General shall ensure that such officers and em25 ployees have the requisite training and experience to en-
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1 able the Inspector General to carry out the duties of the

2 Inspector General effectively. In this regard, the Inspector

3 General shall create within the organization of the Inspec4 tor General a career cadre of sufficient size to provide ap5 propriate continuity and objectivity needed for the effec6 tive performance of the duties of the Inspector General.

7 ‘‘(6) Beginning with fiscal year 1996, there shall be

8 included in the National Foreign Intelligence Program

9 budget a separate account for the Office of Inspector Gen10 eral of the Defense Intelligence Agency.

11 ‘‘(7) In this subsection, the term ‘intelligence commit12 tees’ means the Permanent Select Committee on Intel13 ligence of the House of Representatives and the Select

14 Committee on Intelligence of the Senate.’’.

15 (3) IMPLEMENTATION.—The Director of the

16 Defense Intelligence Agency shall, by not later than

17 60 days after the date of the enactment of this Act

18 and in accordance with the amendments made by

19 this subsection—

20 (A) establish the Office of Inspector Gen21 eral of the Defense Intelligence Agency;

22 (B) appoint the Inspector General of the

23 Defense Intelligence Agency; and

24 (C) transfer to that Office the office of the

25 Defense Intelligence Agency on the day before
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1 the date of the enactment of this Act known as

2 the ‘‘Office of Inspector General’’.

3 (4) TRANSFER OF RESOURCES OF EXISTING OF4 FICE.—The personnel, assets, liabilities, contracts,

5 property, records, and unexpended balances of ap6 propriations, authorizations, allocations, and other

7 funds employed, held, used, arising from, or avail8 able to the office in the Defense Intelligence Agency

9 on the day before the date of the enactment of this

10 Act known as ‘‘Office of Inspector General’’ are

11 hereby transferred to the Office of Inspector General

12 of the Defense Intelligence Agency established under

13 the amendments made by this subsection.

14 (5) TERMINATION OF EXISTING OFFICE.—The

15 office in the Defense Intelligence Agency on the day

16 before the date of the enactment of this Act known

17 as ‘‘Office of Inspector General’’ is terminated effec18 tive on the date of the establishment of the Office

19 of Inspector General of the Defense Intelligence

20 Agency pursuant to the amendments made by this

21 subsection.

22 (6) CONFORMING AMENDMENT.—The first sec23 tion 8G of the Inspector General Act of 1978 (5

24 U.S.C. App.) is amended in subsection (c) by strik-
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1 ing ‘‘subsection (f)’’ and inserting ‘‘subsections (f)

2 and (i)’’.

3 (7) REPORTS TO INTELLIGENCE COMMIT4 TEES.—

5 (A) REPORTING REQUIREMENT.—Sub6 chapter I of chapter 21 of title 10, United

7 States Code, is amended after section 426, as

8 added by section 502 of this Act, by inserting

9 the following new section:

10 ‘‘§ 427. Reports on activities of the Office of Inspector

11 General of the Defense Intelligence

12 Agency

13 ‘‘(a) REPORTING REQUIREMENT.—The Director of

14 the Defense Intelligence Agency shall submit to the intel15 ligence committees any report or findings and rec16 ommendations of an inspection, investigation, or audit

17 conducted by the Office of Inspector General of the De18 fense Intelligence Agency which has been requested by the

19 Chairman or Ranking Minority Member of either of the

20 intelligence committees.

21 ‘‘(b) INTELLIGENCE COMMITTEES DEFINED.—In

22 this section, the term ‘intelligence committees’ means the

23 Permanent Select Committee on Intelligence of the House

24 of Representatives and the Select Committee on Intel25 ligence of the Senate.’’.
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1 (B) CLERICAL AMENDMENT.—The analysis

2 at the beginning of subchapter I of chapter 23

3 of title 10, United States Code, is amended by

4 adding at the end the following:

‘‘427. Reports on activities of the Office of Inspector General of the Defense

Intelligence Agency.’’.

5 (b) NSA.—

6 (1) PURPOSES.—The purposes of this sub7 section are to—

8 (A) create an objective and effective office,

9 appropriately accountable to Congress, to initi10 ate and conduct independently inspections, in11 vestigations, and audits relating to programs

12 and operations of the National Security Agency;

13 (B) provide leadership and recommend

14 policies designed to promote economy, effi15 ciency, and effectiveness in the administration

16 of such programs and operations, and detect

17 fraud and abuse in such programs and oper18 ations;

19 (C) provide a means for keeping the Direc20 tor of the National Security Agency fully and

21 currently informed about problems and defi22 ciencies relating to the administration of such

23 programs and operations, and the necessity for

24 and the progress of corrective actions; and
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1 (D) in the manner prescribed by the

2 amendments made by this subsection, ensure

3 that the Senate Select Committee on Intel4 ligence and the House Permanent Select Com5 mittee on Intelligence are kept similarly in6 formed of significant problems and deficiencies

7 as well as the necessity for and the progress of

8 corrective actions.

9 (2) ESTABLISHMENT OF OFFICE OF INSPECTOR

10 GENERAL.—The first section 8G of that Act is

11 amended—

12 (A) in subsection (a)(2), as amended by

13 subsection (a)(2) of this section, by inserting

14 after ‘‘the Defense Intelligence Agency,’’ the

15 following: ‘‘the National Security Agency,’’; and

16 (B) by adding after subsection (i), as

17 added by subsection (a)(2) of this section, the

18 following:

19 ‘‘(j)(1) The Inspector General of the National Secu20 rity Agency shall be appointed by the Director of the Na21 tional Security Agency (in this subsection referred to as

22 the ‘Director’) without regard to political affiliation and

23 on the basis of integrity, compliance with the security

24 standards of the National Security Agency, and prior ex-
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1 perience in the field of foreign intelligence and in a Fed2 eral office of Inspector General.

3 ‘‘(2)(A) Notwithstanding the second sentence of sec4 tion 8G(d), the Director may prohibit the Inspector Gen5 eral of the National Security Agency from initiating, car6 rying out, or completing any audit, inspection, or inves7 tigation if the Director determines that such prohibition

8 is necessary to protect vital national security interests of

9 the United States.

10 ‘‘(B) If the Director exercises any power under sub11 paragraph (A), the Director shall submit an appropriately

12 classified statement of the reasons for the exercise of such

13 power within 7 days to the intelligence committees. The

14 Director shall advise the Inspector General at the time

15 such report is submitted, and, to the extent consistent

16 with the protection of intelligence sources and methods,

17 provide the Inspector General with a copy of any such re18 port. In such cases, the Inspector General may submit

19 such comments to the intelligence committees that the Di20 rector considers appropriate.

21 ‘‘(3) The Inspector General of the National Security

22 Agency shall take due regard for the protection of intel23 ligence sources and methods in the preparation of all re24 ports issued by the Office of Inspector General of the Na25 tional Security Agency, and, to the extent consistent with
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1 the purpose and objective of such reports, take such meas2 ures as may be appropriate to minimize the disclosure of

3 intelligence sources and methods described in such re4 ports.

5 ‘‘(4)(A) The Inspector General of the National Secu6 rity Agency shall, not later than January 31 and July 31

7 of each year, prepare and submit to the Director a classi8 fied semiannual report summarizing the activities of the

9 Office of Inspector General of the National Security Agen10 cy during the immediately preceding 6-month period end11 ing December 31 (of the preceding year) and June 30,

12 respectively. Within 30 days after receipt of such reports,

13 the Director shall transmit such reports to the intelligence

14 committees with any comments the Director may deem ap15 propriate. Such reports shall, at a minimum, include a list

16 of the title or subject of each inspection, investigation, or

17 audit conducted during the reporting period and—

18 ‘‘(i) a description of significant problems,

19 abuses, and deficiencies relating to the administra20 tion of programs and operations of the National Se21 curity Agency identified by the Office during the re22 porting period;

23 ‘‘(ii) a description of the recommendations for

24 corrective action made by the Office during the re-
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1 porting period with respect to significant problems,

2 abuses, or deficiencies identified in clause (i);

3 ‘‘(iii) a statement of whether corrective action

4 has been completed on each significant recommenda5 tion described in previous semiannual reports, and,

6 in a case where corrective action has been com7 pleted, a description of such corrective action;

8 ‘‘(iv) a certification that the Inspector General

9 has had full and direct access to all information rel10 evant to the performance of the functions of the In11 spector General;

12 ‘‘(v) a description of all cases occurring during

13 the reporting period where the Inspector General

14 could not obtain documentary evidence relevant to

15 any inspection, audit, or investigation due to the

16 lack of authority to subpoena such information; and

17 ‘‘(vi) such recommendations as the Inspector

18 General may wish to make concerning legislation to

19 promote economy and efficiency in the administra20 tion of programs and operations undertaken by the

21 National Security Agency, and to detect and elimi22 nate fraud and abuse in such programs and oper23 ations.

24 ‘‘(B) The Inspector General of the National Security

25 Agency shall report immediately to the Director whenever
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1 the Inspector General becomes aware of particularly seri2 ous or flagrant problems, abuses, or deficiencies relating

3 to the administration of programs or operations. The Di4 rector shall transmit such report to the intelligence com5 mittees within 7 calendar days, together with any com6 ments the Director considers appropriate.

7 ‘‘(C) In the event that—

8 ‘‘(i) the Inspector General of the National Secu9 rity Agency is unable to resolve any differences with

10 the Director affecting the execution of the Inspector

11 General’s duties or responsibilities; or

12 ‘‘(ii) the Inspector General, after exhausting all

13 possible alternatives, is unable to obtain significant

14 documentary information in the course of an inves15 tigation, inspection, or audit,

16 the Inspector General shall immediately report such mat17 ter to the intelligence committees.

18 ‘‘(D) Section 5 shall not apply to the Inspector Gen19 eral and the Office of Inspector General of the National

20 Security Agency.

21 ‘‘(5) Subject to applicable law and the policies of the

22 Director, the Inspector General of the National Security

23 Agency shall select, appoint, and employ such officers and

24 employees as may be necessary to carry out the functions

25 of the Inspector General. In making such selections, the
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1 Inspector General shall ensure that such officers and em2 ployees have the requisite training and experience to en3 able the Inspector General to carry out the duties of the

4 Inspector General effectively. In this regard, the Inspector

5 General shall create within the organization of the Inspec6 tor General a career cadre of sufficient size to provide ap7 propriate continuity and objectivity needed for the effec8 tive performance of the duties of the Inspector General.

9 ‘‘(6) Beginning with fiscal year 1996, there shall be

10 included in the National Foreign Intelligence Program

11 budget a separate account for the Office of Inspector Gen12 eral of the National Security Agency.

13 ‘‘(7) In this subsection, the term ‘intelligence commit14 tees’ means the Permanent Select Committee on Intel15 ligence of the House of Representatives and the Select

16 Committee on Intelligence of the Senate.’’.

17 (3) IMPLEMENTATION.—The Director of the

18 National Security Agency shall, by not later than 60

19 days after the date of the enactment of this Act and

20 in accordance with the amendments made by this

21 subsection—

22 (A) establish the Office of Inspector Gen23 eral of the National Security Agency;

24 (B) appoint the Inspector General of the

25 National Security Agency; and
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1 (C) transfer to that Office the office of the

2 National Security Agency on the day before the

3 date of the enactment of this Act known as the

4 ‘‘Office of Inspector General’’.

5 (4) TRANSFER OF RESOURCES OF EXISTING OF6 FICE.—The personnel, assets, liabilities, contracts,

7 property, records, and unexpended balances of ap8 propriations, authorizations, allocations, and other

9 funds employed, held, used, arising from, or avail10 able to the office in the National Security Agency on

11 the day before the date of the enactment of this Act

12 known as ‘‘Office of Inspector General’’ are hereby

13 transferred to the Office of Inspector General of the

14 National Security Agency established under the

15 amendments made by this subsection.

16 (5) TERMINATION OF EXISTING OFFICE.—The

17 office in the National Security Agency on the day

18 before the date of the enactment of this Act known

19 as ‘‘Office of Inspector General’’ is terminated effec20 tive on the date of the establishment of the Office

21 of Inspector General of the National Security Agen22 cy pursuant to the amendments made by this sub23 section.

24 (6) CONFORMING AMENDMENTS.—The first sec25 tion 8G of the Inspector General Act of 1978 (5
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1 U.S.C. App.) is amended in subsection (c), as

2 amended by subsection (a)(6) of this section, by

3 striking ‘‘subsections (f) and (i)’’ and inserting

4 ‘‘subsections (f), (i), and (j)’’.

5 (7) REPORTS TO INTELLIGENCE COMMIT6 TEES.—The National Security Agency Act of 1959

7 (50 U.S.C. 402 note) is amended by adding at the

8 end the following:

9 ‘‘SEC. 19. (a) The Director of the National Security

10 Agency shall submit to the intelligence committees any re11 port or findings and recommendations of an inspection,

12 investigation, or audit conducted by the Office of Inspector

13 General of the National Security Agency which has been

14 requested by the Chairman or Ranking Minority Member

15 of either of the intelligence committees.

16 ‘‘(b) In this section, the term ‘intelligence commit17 tees’ means the Permanent Select Committee on Intel18 ligence of the House of Representatives and the Select

19 Committee on Intelligence of the Senate.’’.

20 (8) RELATIONSHIP OF INSPECTOR GENERAL OF

21 DEPARTMENT OF DEFENSE TO THOSE OF DIA AND

22 NSA.—Section 8 of the Inspector General Act of

23 1978 (5 U.S.C. App.) is amended by adding at the

24 end the following:
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1 ‘‘(h)(1) The Inspector General of the Department of

2 Defense shall not have any authority to conduct any activ3 ity with respect to any matter that the Secretary of De4 fense determines relates solely to the Defense Intelligence

5 Agency or the National Security Agency.

6 ‘‘(2) Upon request of the Inspector General of the

7 Defense Intelligence Agency or the National Security

8 Agency, the Inspector General of the Department of De9 fense may provide to the Inspector General making the

10 request such resources (including personnel) as are appro11 priate to enable that Inspector General to carry out activi12 ties authorized by this Act.’’.

13 (c) CIA.—Section 17 of the Central Intelligence

14 Agency Act of 1949 (50 U.S.C. 403q) is amended—

15 (1) in subsection (b)(1)—

16 (A) by striking ‘‘foreign intelligence.’’ and

17 inserting ‘‘foreign intelligence and in a Federal

18 office of Inspector General.’’;

19 (B) by striking ‘‘or’’ after ‘‘analysis,’’; and

20 (C) by striking the period at the end there21 of and inserting ‘‘, or auditing.’’;

22 (2) in subsection (c)(1), by striking ‘‘to con23 duct’’ and inserting ‘‘to plan, conduct’’;

24 (3) in subsection (d)(1)—
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1 (A) by striking ‘‘June 30 and December

2 31’’ and inserting ‘‘January 31 and July 31’’;

3 (B) by striking ‘‘period.’’ at the end of the

4 first sentence and inserting ‘‘periods ending De5 cember 31 (of the preceding year) and June 30,

6 respectively.’’; and

7 (C) by inserting ‘‘of receipt of such re8 ports’’ after ‘‘thirty days’’;

9 (4) in subsection (d)(3)(C), by inserting ‘‘in10 spection, or audit,’’ after ‘‘investigation,’’;

11 (5) in subsection (d)(4), by inserting ‘‘or find12 ings and recommendations’’ after ‘‘report’’; and

13 (6) in subsection (e)(6)—

14 (A) by striking ‘‘it is the sense of Congress

15 that’’; and

16 (B) by striking ‘‘should’’ and inserting

17 ‘‘shall’’.

18 TITLE VII—CLASSIFICATION

19 MANAGEMENT

20 SEC. 701. DECLASSIFICATION PLAN.

21 Each agency of the National Foreign Intelligence

22 Program to which is appropriated more than $1,000,000

23 in the security, countermeasures, and related activities

24 structural category for fiscal year 1995 shall allocate at

25 least two percent of their total expenditure in this struc-
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1 tural category for fiscal year 1995 to the classification

2 management consolidated expenditure center, to be used

3 for the following activities:

4 (1) Development of a phased plan to implement

5 declassification guidelines contained in the executive

6 order which replaces Executive Order 12356. Each

7 such agency shall provide the plan to Congress with8 in 90 days after the beginning of fiscal year 1995

9 or 90 days after the publication of such replacement

10 executive order, whichever is later. This plan shall

11 include an accounting of the amount of archived ma12 terial, levels of classification, types of storage media

13 and locations, review methods to be employed, and

14 estimated costs of the declassification activity itself;

15 as well as an assessment by the agency of the appro16 priate types and amounts of information to be main17 tained in the future, how it will be stored, safe18 guarded, and reviewed, and the projected costs of

19 these classification management activities for the

20 succeeding five years.

21 (2) Commencement of the process of declas22 sification and reduction of the amount of archived

23 classified documents maintained by each agency.

24 (3) Submission of a report to the Permanent

25 Select Committee on Intelligence of the House of
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1 Representatives and the Select Committee on Intel2 ligence of the Senate within 90 days after the end

3 of fiscal year 1995 on the progress made in carrying

4 out paragraph (2), with reference to the plan re5 quired by paragraph (1).

6 SEC. 702. CLASSIFICATION AND DECLASSIFICATION OF IN7 FORMATION.

8 (a) PLAN.—Not later than 90 days after the date of

9 enactment of this Act, the President shall develop a plan,

10 and issue an executive order for its implementation, which

11 provides for the classification and declassification of infor12 mation. It is the sense of Congress that the plan should

13 provide for the following:

14 (1) A test for the classification of information

15 which balances the public’s right to know against

16 identifiable harm to the national security which will

17 result from public disclosure.

18 (2) A narrow definition of the categories of in19 formation subject to classification to avoid excessive

20 classification.

21 (3) Classification periods of reasonably short

22 duration, and a determination of the date when or

23 event upon which declassification of such informa24 tion shall occur, with a recognition that extension of
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1 such period may be required in certain cir2 cumstances.

3 (4) Automatic declassification at the expiration

4 of the classification period.

5 (b) SUBMISSION TO CONGRESS; EFFECTIVE DATE.—

6 The plan and executive order referred to in subsection (a)

7 may not take effect until after 30 days after the date on

8 which such plan and proposed regulation is submitted to

9 the Permanent Select Committee on Intelligence and the

10 Committee on Government Operations of the House of

11 Representatives and the Select Committee on Intelligence

12 and the Committee on Governmental Affairs of the Sen13 ate.

14 SEC. 703. REPORT CONCERNING THE COST OF CLASSIFICA15 TION.

16 Not later than 7 days after the date of the enactment

17 of this Act, the Director of Central Intelligence shall sub18 mit to the Permanent Select Committee on Intelligence of

19 the House of Representatives and the Select Committee

20 on Intelligence of the Senate a report (in a classified and

21 unclassified form) which identifies the following:

22 (1) The cost of classifying documents and keep23 ing information classified by each agency within the

24 intelligence community.
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1 (2) The number of personnel within each such

2 agency assigned to classifying documents and keep3 ing information classified.

4 (3) A plan to reduce expenditures for

5 classifying information and for keeping information

6 classified, which shall include specific expenditure re7 duction goals for fiscal year 1995 for each such

8 agency.

9 TITLE VIII—

10 COUNTERINTELLIGENCE

11 SEC. 801. ACCESS TO CLASSIFIED INFORMATION.

12 (a) IN GENERAL.—The National Security Act of

13 1947 (50 U.S.C. 401 et seq.) is amended by adding at

14 the end thereof the following new title:

15 ‘‘TITLE VIII—ACCESS TO CLASSIFIED

16 INFORMATION

17 ‘‘RULE OF APPLICATION

18 ‘‘SEC. 801. The President and Vice President, Mem19 bers of the Congress (including any Resident Commis20 sioner and Delegate to the House of Representatives),

21 Justices of the Supreme Court, and Federal judges ap22 pointed by the President shall, by virtue of their elected

23 or appointed positions, be entitled to access to classified

24 information needed for the performance of their govern-
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1 mental functions without regard to the other provisions

2 of this title.

3 ‘‘REGULATIONS

4 ‘‘SEC. 802. (a) The President shall, within 180 days

5 after enactment of this title, direct the issuance of a regu6 lation to implement this title.

7 ‘‘(b) The regulation issued pursuant to subsection (a)

8 may not take effect until after 30 days after the date on

9 which the regulation is submitted to the Congress.

10 ‘‘CONSENT FOR ACCESS TO FINANCIAL INFORMATION

11 ‘‘SEC. 803. Except as may be provided for in the reg12 ulation issued under section 802 of this title, after such

13 regulation takes effect, no person shall be given access to

14 classified information by any department, agency, or office

15 of the executive branch unless such person has provided

16 consent in accordance with this section. Such consent shall

17 be provided to the investigative agency responsible for con18 ducting the security investigation of such person, or in the

19 case of a person who is an employee of the legislative

20 branch or the judicial branch, to the employing office of

21 such employee. Such consent shall be provided during the

22 initial background investigation, for such times as access

23 to such information is maintained, and for three years

24 thereafter. Such consent shall permit access to—

25 ‘‘(1) financial records held by a financial agency

26 or financial institution;
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1 ‘‘(2) consumer reports held by a consumer cred2 it reporting agency; and

3 ‘‘(3) records maintained by commercial entities

4 within the United States pertaining to any travel by

5 the person outside the United States.

6 ‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES

7 ‘‘SEC. 804. (a)(1) Any authorized investigative agen8 cy may request from any financial agency, financial insti9 tution, or consumer credit reporting agency such financial

10 records and consumer reports as are necessary in order

11 to conduct any authorized law enforcement investigation,

12 foreign counterintelligence inquiry, or security determina13 tion. Any authorized investigative agency may also request

14 records maintained by any commercial entity within the

15 United States pertaining to travel by a person outside the

16 United States.

17 ‘‘(2) Requests may be made under this section

18 where—

19 ‘‘(A) the records sought pertain to a person

20 who is or was an employee required, as a condition

21 of access to classified information, to provide con22 sent, during a background investigation, for such

23 time as access to the information is maintained, and

24 for three years thereafter, permitting access to fi25 nancial records, other financial information,

26 consumer reports, and travel records; and
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1 ‘‘(B) there are reasonable grounds to believe,

2 based upon specific and articulable facts available to

3 it, that the person is, or may be, disclosing classified

4 information in an unauthorized manner to a foreign

5 power or agent of a foreign power, or in the course

6 of any background investigation or reinvestigation,

7 an issue of otherwise unexplained affluence or exces8 sive indebtedness arises.

9 ‘‘(3) Each such request shall—

10 ‘‘(A) be accompanied by a written certification

11 signed by the department or agency head or deputy

12 department or agency head concerned and shall cer13 tify that—

14 ‘‘(i) the person concerned is an employee

15 within the meaning of paragraph (2)(A);

16 ‘‘(ii) the request is being made pursuant to

17 an authorized inquiry or investigation and is

18 authorized under this section; and

19 ‘‘(iii) the records or information to be re20 viewed are records or information which the

21 employee has previously agreed to make avail22 able to the authorized investigative agency for

23 review;

24 ‘‘(B) contain a copy of the agreement referred

25 to in subparagraph (A)(iii);
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1 ‘‘(C) identify specifically or by category the

2 records or information to be reviewed; and

3 ‘‘(D) inform the recipient of the request of the

4 prohibition described in subsection (b).

5 ‘‘(4) The authorized investigative agency shall

6 promptly notify the person who is the subject of a request

7 under this section relating to a background investigation

8 or reinvestigation for records, reports, or other informa9 tion.

10 ‘‘(b) Notwithstanding any other provision of law and

11 except as provided in subsection (a)(4), no governmental

12 or private entity, or officer, employee, or agent of such

13 entity, may disclose to any person, other than those offi14 cers, employees, or agents of such entity necessary to sat15 isfy a request made under this section, that such entity

16 has received or satisfied a request made by an authorized

17 investigative agency under this section.

18 ‘‘(c)(1) Notwithstanding any other provision of law

19 except section 6103 of the Internal Revenue Code of 1986,

20 an entity receiving a request for records or information

21 under subsection (a) shall, if the request satisfies the re22 quirements of this section, make available such records or

23 information within 30 days for inspection or copying, as

24 may be appropriate, by the agency requesting such records

25 or information.
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1 ‘‘(2) Any entity (including any officer, employee or

2 agent thereof) that discloses records or information for in3 spection or copying pursuant to this section in good faith

4 reliance upon the certifications made by an agency pursu5 ant to this section shall not be liable for any such disclo6 sure to any person under this title, the constitution of any

7 State, or any law or regulation of any State or any politi8 cal subdivision of any State.

9 ‘‘(d) Subject to the availability of appropriations

10 therefor, any agency requesting records or information

11 under this section may reimburse a private entity for any

12 cost reasonably incurred by such entity in responding to

13 such request, including the cost of identifying, reproduc14 ing, or transporting records or other data.

15 ‘‘(e) An agency receiving records or information pur16 suant to a request under this section may disseminate the

17 records or information obtained pursuant to such request

18 outside the agency only to the agency employing the

19 employee who is the subject of the records or information,

20 to the Department of Justice for law enforcement or for21 eign counterintelligence purposes, or, with respect to dis22 semination to an agency of the United States, only if such

23 information is clearly relevant to the authorized respon24 sibilities of such agency relating to security determina25 tions, law enforcement, or counterintelligence.
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1 ‘‘(f) Any agency that discloses records or information

2 received pursuant to a request under this section in viola3 tion of subsection (e) shall be liable to the person to whom

4 the records relate in an amount equal to the sum of—

5 ‘‘(1) $100, without regard to the volume of

6 records involved;

7 ‘‘(2) any actual damages sustained by the per8 son as a result of the disclosure;

9 ‘‘(3) if the violation is found to have been will10 ful or intentional, such punitive damages as the

11 court may allow; and

12 ‘‘(4) in the case of any successful action to en13 force liability, the costs of the action, together with

14 reasonable attorney fees, as determined by the court.

15 ‘‘(g) Nothing in this section shall affect the authority

16 of an investigative agency to obtain information pursuant

17 to the Right to Financial Privacy Act (12 U.S.C. 3401

18 et seq.) or the Fair Credit Reporting Act (15 U.S.C. 1681

19 et seq.).

20 ‘‘DEFINITIONS

21 ‘‘SEC. 805. For purposes of this title—

22 ‘‘(1) the term ‘agency of the legislative branch’

23 means the Office of the Architect of the Capitol, the

24 Botanic Garden, the General Accounting Office, the

25 Government Printing Office, the Library of Con26 gress, the Office of Technology Assessment, the
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1 Congressional Budget Office, and the Copyright

2 Royalty Tribunal;

3 ‘‘(2) the term ‘authorized investigative agency’

4 means—

5 ‘‘(A) an agency authorized by law or regu6 lation to conduct foreign counterintelligence in7 vestigations or investigations of persons who

8 are proposed for access to classified information

9 to ascertain whether such persons satisfy the

10 criteria for obtaining and retaining access to

11 such information;

12 ‘‘(B) in the case of the House of Rep13 resentatives, an agency designated by the

14 Speaker of the House;

15 ‘‘(C) in the case of the Senate, an agency

16 designated by the President pro tempore of the

17 Senate;

18 ‘‘(D) in the case of an agency of the legis19 lative branch, an agency designated by the head

20 of such agency; and

21 ‘‘(E) in the case of the judiciary, an agen22 cy designated by the Director of the Adminis23 trative Office of the United States Courts,

24 under the direction of the Chief Justice of the

25 United States;
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1 ‘‘(3) the term ‘classified information’ means

2 any information that has been determined pursuant

3 to Executive Order No. 12356 of April 2, 1982, or

4 successor orders, or the Atomic Energy Act of 1954,

5 to require protection against unauthorized disclosure

6 and that is so designated;

7 ‘‘(4) the term ‘consumer credit reporting agen8 cy’ has the meaning given such term in section 603

9 of the Consumer Credit Protection Act (15 U.S.C.

10 1681a));

11 ‘‘(5) the term ‘employee’ includes any person

12 who receives a salary or compensation of any kind

13 from the United States Government, is a contractor

14 of the United States Government or an employee

15 thereof, is an unpaid consultant of the United States

16 Government, or otherwise acts for or on behalf of

17 the United States Government;

18 ‘‘(6) the term ‘employee of the legislative

19 branch’ means an individual (other than a Member

20 of, and a Resident Commissioner or Delegate to, the

21 Congress) whose salary is paid by—

22 ‘‘(A) the Director of Non-legislative and

23 Financial Services of the House of Representa24 tives;

25 ‘‘(B) the Secretary of the Senate; or
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1 ‘‘(C) an agency of the legislative branch;

2 ‘‘(7) the terms ‘financial agency’ and ‘financial

3 institution’ have the meaning given such terms in

4 section 5312 of title 31, United States Code; and

5 ‘‘(8) the term ‘State’ means any State of the

6 United States, the District of Columbia, the Com7 monwealth of Puerto Rico, the Trust Territory of

8 the Pacific Islands, and any territory or possession

9 of the United States.

10 ‘‘EFFECTIVE DATE

11 ‘‘SEC. 806. This title shall take effect upon the issu12 ance of a final regulation pursuant to section 802.’’.

13 (b) CONFORMING AMENDMENT.—The table of con14 tents of the National Security Act of 1947 is amended

15 by adding at the end the following:

‘‘TITLE VIII—ACCESS TO CLASSIFIED INFORMATION

‘‘Sec. 801. Rule of application.

‘‘Sec. 802. Regulations.

‘‘Sec. 803. Consent for access to financial information.

‘‘Sec. 804. Requests by authorized investigative agencies.

‘‘Sec. 805. Definitions.

‘‘Sec. 806. Effective date.’’.

16 SEC. 802. REWARDS FOR INFORMATION CONCERNING ESPI17 ONAGE.

18 (a) REWARDS.—Section 3071 of title 18, United

19 States Code, is amended—

20 (1) by inserting ‘‘(a)’’ before ‘‘With respect to’’;

21 and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) With respect to acts of espionage involving or

4 directed at the United States, the Attorney General may

5 reward any individual who furnishes information—

6 ‘‘(1) leading to the arrest or conviction, in any

7 country, of any individual or individuals for commis8 sion of an act of espionage against the United

9 States;

10 ‘‘(2) leading to the arrest or conviction, in any

11 country, of any individual or individuals for conspir12 ing or attempting to commit an act of espionage

13 against the United States; or

14 ‘‘(3) leading to the prevention or frustration of

15 an act of espionage against the United States.’’.

16 (b) DEFINITIONS.—Section 3077 of such title is

17 amended—

18 (1) by striking ‘‘and’’ at the end of paragraph

19 (6);

20 (2) by striking the period at the end of para21 graph (7) and inserting ‘‘; and’’; and

22 (3) by adding at the end the following new

23 paragraph:

24 ‘‘(8) ‘act of espionage’ means an activity that is

25 a violation of—
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1 ‘‘(A) section 793, 794, or 798 of title 18,

2 United States Code; or

3 ‘‘(B) section 4 of the Subversive Activities

4 Control Act of 1950.’’.

5 (c) CLERICAL AMENDMENTS.—(1) The item relating

6 to chapter 204 in the table of chapters for part II of such

7 title is amended to read as follows:

‘‘204. Rewards for information concerning terrorist acts

and espionage ......................................................... 3071’’.

8 (2) The heading for chapter 204 of such title is

9 amended to read as follows:

10 ‘‘CHAPTER 204—REWARDS FOR INFORMA11 TION CONCERNING TERRORIST ACTS

12 AND ESPIONAGE’’.

13 SEC. 803. ESPIONAGE NOT COMMITTED IN ANY DISTRICT.

14 (a) IN GENERAL.—Chapter 211 of title 18, United

15 States Code, is amended by inserting after section 3238

16 the following new section:

17 ‘‘§ 3239. Espionage and related offenses not commit18 ted in any district

19 ‘‘The trial for any offense involving a violation of—

20 ‘‘(1) section 793, 794, 798, 952, or 1030(a)(1)

21 of this title;

22 ‘‘(2) section 601 of the National Security Act of

23 1947; or
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1 ‘‘(3) subsection (b) or (c) of section 4 of the

2 Subversive Activities Control Act of 1950,

3 begun or committed upon the high seas or elsewhere out

4 of the jurisdiction of any particular State or district, may

5 be in the District of Columbia or in any other district au6 thorized by law.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 for chapter 211 of such title is amended by inserting after

9 the item relating to section 3238 the following:

‘‘3239. Espionage and related offenses not committed in any district.’’.

10 SEC. 804. CRIMINAL FORFEITURE FOR VIOLATION OF CER11 TAIN ESPIONAGE LAWS.

12 (a) IN GENERAL.—Section 798 of title 18, United

13 States Code, is amended by adding at the end the follow14 ing new subsection:

15 ‘‘(d)(1) Any person convicted of a violation of this

16 section shall forfeit to the United States irrespective of

17 any provision of State law—

18 ‘‘(A) any property constituting, or derived from,

19 any proceeds the person obtained, directly or indi20 rectly, as the result of such violation; and

21 ‘‘(B) any of the person’s property used, or in22 tended to be used, in any manner or part, to com23 mit, or to facilitate the commission of, such viola24 tion.
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1 ‘‘(2) The court, in imposing sentence on a defendant

2 for a conviction of a violation of this section, shall order

3 that the defendant forfeit to the United States all property

4 described in paragraph (1).

5 ‘‘(3) Except as provided in paragraph (4), the provi6 sions of subsections (b), (c), and (e) through (p) of section

7 413 of the Comprehensive Drug Abuse Prevention and

8 Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)),

9 shall apply to—

10 ‘‘(A) property subject to forfeiture under this

11 subsection;

12 ‘‘(B) any seizure or disposition of such prop13 erty; and

14 ‘‘(C) any administrative or judicial proceeding

15 in relation to such property,

16 if not inconsistent with this subsection.

17 ‘‘(4) Notwithstanding section 524(c) of title 28, there

18 shall be deposited in the Crime Victims Fund in the Treas19 ury all amounts from the forfeiture of property under this

20 subsection remaining after the payment of expenses for

21 forfeiture and sale authorized by law.

22 ‘‘(5) As used in this subsection, the term ‘State’

23 means any State of the United States, the District of Co24 lumbia, the Commonwealth of Puerto Rico, the Trust Ter-
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1 ritory of the Pacific Islands, and any territory or posses2 sion of the United States.’’.

3 (b) AMENDMENTS FOR CONSISTENCY IN APPLICA4 TION OF FORFEITURE UNDER TITLE 18.—(1) Section

5 793(h)(3) of such title is amended in the matter preceding

6 subparagraph (A) by striking out ‘‘(o)’’ each place it ap7 pears and inserting in lieu thereof ‘‘(p)’’.

8 (2) Section 794(d)(3) of such title is amended in the

9 matter preceding subparagraph (A) by striking out ‘‘(o)’’

10 each place it appears and inserting in lieu thereof ‘‘(p)’’.

11 (c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Sec12 tion 4 of the Subversive Activities Control Act of 1950

13 (50 U.S.C. 783) is amended by adding at the end the fol14 lowing new subsection:

15 ‘‘(e)(1) Any person convicted of a violation of this

16 section shall forfeit to the United States irrespective of

17 any provision of State law—

18 ‘‘(A) any property constituting, or derived from,

19 any proceeds the person obtained, directly or indi20 rectly, as the result of such violation; and

21 ‘‘(B) any of the person’s property used, or in22 tended to be used, in any manner or part, to com23 mit, or to facilitate the commission of, such viola24 tion.
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1 ‘‘(2) The court, in imposing sentence on a defendant

2 for a conviction of a violation of this section, shall order

3 that the defendant forfeit to the United States all property

4 described in paragraph (1).

5 ‘‘(3) Except as provided in paragraph (4), the provi6 sions of subsections (b), (c), and (e) through (p) of section

7 413 of the Comprehensive Drug Abuse Prevention and

8 Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p))

9 shall apply to—

10 ‘‘(A) property subject to forfeiture under this

11 subsection;

12 ‘‘(B) any seizure or disposition of such prop13 erty; and

14 ‘‘(C) any administrative or judicial proceeding

15 in relation to such property,

16 if not inconsistent with this subsection.

17 ‘‘(4) Notwithstanding section 524(c) of title 28, there

18 shall be deposited in the Crime Victims Fund in the Treas19 ury all amounts from the forfeiture of property under this

20 subsection remaining after the payment of expenses for

21 forfeiture and sale authorized by law.

22 ‘‘(5) As used in this subsection, the term ‘State’

23 means any State of the United States, the District of Co24 lumbia, the Commonwealth of Puerto Rico, the Trust Ter-
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1 ritory of the Pacific Islands, and any territory or posses2 sion of the United States.’’.

3 SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PER4 SONS CONVICTED OF ESPIONAGE IN FOR5 EIGN COURTS INVOLVING UNITED STATES IN6 FORMATION.

7 Section 8312 of title 5, United States Code, is

8 amended by adding at the end thereof the following new

9 subsection:

10 ‘‘(d)(1) For purposes of subsections (b)(1) and

11 (c)(1), an offense within the meaning of such subsections

12 is established if the Attorney General of the United States

13 certifies to the agency administering the annuity or retired

14 pay concerned—

15 ‘‘(A) that an individual subject to this chapter

16 has been convicted by an impartial court of appro17 priate jurisdiction within a foreign country in cir18 cumstances in which the conduct violates the provi19 sions of law enumerated in subsections (b)(1) and

20 (c)(1), or would violate such provisions had such

21 conduct taken place within the United States, and

22 that such conviction is not being appealed or that

23 final action has been taken on such appeal;

24 ‘‘(B) that such conviction was obtained in ac25 cordance with procedures that provided the defend-
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1 ant due process rights comparable to such rights

2 provided by the United States Constitution, and

3 such conviction was based upon evidence which

4 would have been admissible in the courts of the

5 United States; and

6 ‘‘(C) that such conviction occurred after the

7 date of enactment of this subsection.

8 ‘‘(2) Any certification made pursuant to this sub9 section shall be subject to review by the United States

10 Court of Claims based upon the application of the individ11 ual concerned, or his or her attorney, alleging that any

12 of the conditions set forth in subparagraphs (A), (B), or

13 (C) of paragraph (1), as certified by the Attorney General,

14 have not been satisfied in his or her particular cir15 cumstances. Should the court determine that any of these

16 conditions has not been satisfied in such case, the court

17 shall order any annuity or retirement benefit to which the

18 person concerned is entitled to be restored and shall order

19 that any payments which may have been previously denied

20 or withheld to be paid by the department or agency con21 cerned.’’.
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1 SEC. 806. POST EMPLOYMENT ASSISTANCE FOR CIVILIAN

2 PERSONNEL WITHIN THE INTELLIGENCE

3 COMPONENTS OF THE DEPARTMENT OF DE4 FENSE.

5 (a) CONSOLIDATION OF AUTHORITY.—

6 (1) IN GENERAL.—Chapter 81 of title 10,

7 United States Code, is amended by adding at the

8 end the following:

9 ‘‘§ 1599. Post employment assistance regarding cer10 tain civilian intelligence personnel

11 ‘‘(a) Notwithstanding any other provision of law, the

12 Secretary of Defense may use appropriated funds to assist

13 a civilian employee who has been in a sensitive position

14 in an intelligence agency or component of the Department

15 of Defense and who is found to be ineligible for continued

16 access to Sensitive Compartmented Information and em17 ployment with the intelligence agency or component, or

18 whose employment with the intelligence agency or compo19 nent has been terminated—

20 ‘‘(1) in finding and qualifying for subsequent

21 employment;

22 ‘‘(2) in receiving treatment of medical or psy23 chological disabilities; and

24 ‘‘(3) in providing necessary financial support

25 during periods of unemployment.
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1 ‘‘(b) Assistance may be provided under subsection (a)

2 only if the Secretary determines that such assistance is

3 essential to maintain the judgment and emotional stability

4 of such employee and avoid circumstances that might lead

5 to the unlawful disclosure of classified information to

6 which such employee had access. Assistance provided

7 under this section for an employee shall not be provided

8 any longer than five years after the termination of the em9 ployment of the employee.

10 ‘‘(c) The Secretary may, to the extent and in the

11 manner determined by the Secretary to appropriate, dele12 gate the authority to provide assistance under this section.

13 ‘‘(d) The Secretary shall report annually to the Com14 mittees on Appropriations of the Senate and House of

15 Representatives, the Select Committee on Intelligence of

16 the Senate, and the Permanent Select Committee on Intel17 ligence of the House of Representatives with respect to

18 any expenditure made pursuant to this section.

19 ‘‘(e) For the purposes of this section, the term ‘intel20 ligence agency or component’ means the National Security

21 Agency, the Defense Intelligence Agency, the National Re22 connaissance Office, the Central Imagery Office, and the

23 intelligence components of the military departments.’’.
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1 (2) The table of sections of Chapter 81 of such title

2 is amended by adding after the item relating to section

3 1598 the following new item:

‘‘1599. Post employment assistance regarding certain civilian intelligence personnel.’’.

4 (b) REPEAL OF DUPLICATIVE AUTHORITY.—

5 (1) DEFENSE INTELLIGENCE AGENCY.—Para6 graph (4) of Section 1604(e) of title 10, United

7 States Code, is repealed.

8 (2) NATIONAL SECURITY AGENCY.—Section 17

9 of the National Security Agency Act of 1959 (50

10 U.S.C. 402 note) is repealed.

11 (c) SAVINGS PROVISION.—The repeals made by sub12 section (b) do not affect rights and duties that matured

13 before the date of enactment of this section.

14 TITLE IX—INTERDICTION OF

15 AERIAL DRUG TRAFFICKING

16 SEC. 901. POLICY OF THE UNITED STATES.

17 It is the policy of the United States to provide intel18 ligence assistance to foreign governments to support ef19 forts by them to interdict aerial drug trafficking. The

20 United States does not condone the intentional damage

21 or destruction of aircraft in violation of international law,

22 and provides assistance to foreign governments for pur23 poses other than facilitating the intentional damage or de24 struction of aircraft in violation of international law.
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1 SEC. 902. SENSE OF CONGRESS.

2 The Congress urges the President to review in light

3 of this title all interpretations within the executive branch

4 of law relevant to the provision of assistance to foreign

5 governments for aerial drug interdiction, with an eye to

6 affirming that continued provision by the United States

7 of such assistance conforms fully with United States and

8 international law.

Passed the House of Representatives July 20, 1994.

Attest: DONNALD K. ANDERSON,

Clerk.

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