Union Calendar No. 309

103D CONGRESS

2D SESSION H. R. 4299

[Report No. 103–541, Part I]

A BILL

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

JUNE 24, 1994

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 309

103D CONGRESS

2D SESSION H. R. 4299

[Report No. 103–541, Part I]

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.

IN THE HOUSE OF REPRESENTATIVES

APRIL 26, 1994

Mr. GLICKMAN introduced the following bill; which was referred to the

Permanent Select Committee on Intelligence

JUNE 9, 1994

Reported with an amendment; referred to the Committees on Armed Services

and the Judiciary for a period ending not later than June 24, 1994, for

consideration of such provisions contained in the bill and amendment as

fall within the jurisdiction of those committees pursuant to clause 1(c)

and (1), rule X.

[Strike out all after the enacting clause and insert the part printed in italic]

JUNE 24, 1994

The Committees on Armed Services and the Judiciary discharged; committed

to the Committee of the Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on April 26, 1994]
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A BILL

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’’.

6 TITLE I—INTELLIGENCE

7 ACTIVITIES

8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

9 Funds are hereby authorized to be appropriated for fis10 cal year 1995 for the conduct of the intelligence and intel11 ligence-related activities of the following elements of the

12 United States Government:

13 (1) The Central Intelligence Agency.

14 (2) The Department of Defense.

15 (3) The Defense Intelligence Agency.

16 (4) The National Security Agency.

17 (5) The National Reconnaissance Office.

18 (6) The Department of the Army, the Depart19 ment of the Navy, and the Department of the Air

20 Force.
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1 (7) The Department of State.

2 (8) The Department of the Treasury.

3 (9) The Department of Energy.

4 (10) The Federal Bureau of Investigation.

5 (11) The Drug Enforcement Administration.

6 (12) The Central Imagery Office.

7 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

8 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

9 CEILINGS.—The amounts authorized to be appropriated

10 under section 101, and the authorized personnel ceilings as

11 of September 30, 1995, for the conduct of the intelligence

12 and intelligence-related activities of the elements listed in

13 such section, are those specified in the classified Schedule

14 of Authorizations prepared to accompany the bill H.R. 4299

15 of the One Hundred Third Congress.

16 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU17 THORIZATIONS.—The Schedule of Authorizations shall be

18 made available to the Committees on Appropriations of the

19 Senate and House of Representatives and to the President.

20 The President shall provide for suitable distribution of the

21 Schedule, or of appropriate portions of the Schedule, within

22 the executive branch.

23 SEC. 103. COMMUNITY MANAGEMENT ACCOUNT.

24 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

25 authorized to be appropriated for the Community Manage-
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1 ment Account of the Director of Central Intelligence for fis2 cal year 1995 the sum of $91,800,000. Within such amounts

3 authorized, funds identified in the classified Schedule of Au4 thorizations referred to in section 102(a) for the Advanced

5 Research and Development Committee and the Environ6 mental Task Force shall remain available until

7 September 30, 1996.

8 (b) AUTHORIZED PERSONNEL LEVELS.—The Commu9 nity Management Account of the Director of Central Intel10 ligence is authorized 209 full-time personnel as of Septem11 ber 30, 1995. Such personnel of the Community Manage12 ment Account may be permanent employees of the Commu13 nity Management Account or personnel detailed from other

14 elements of the United States Government.

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

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

17 Armed Forces who is detailed to the Community Manage18 ment Staff from another element of the United States Gov19 ernment shall be detailed on a reimbursable basis, except

20 that any such officer, employee or member may be detailed

21 on a nonreimbursable basis for a period of less than one

22 year for the performance of temporary functions as required

23 by the Director of Central Intelligence.
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated for the Central

7 Intelligence Agency Retirement and Disability Fund for fis8 cal year 1995 the sum of $198,000,000.

9 TITLE III—GENERAL

10 PROVISIONS

11 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

12 BENEFITS AUTHORIZED BY LAW.

13 Appropriations authorized by this Act for salary, pay,

14 retirement, and other benefits for Federal employees may

15 be increased by such additional or supplemental amounts

16 as may be necessary for increases in such compensation or

17 benefits authorized by law.

18 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

19 ACTIVITIES.

20 The authorization of appropriations by this Act shall

21 not be deemed to constitute authority for the conduct of any

22 intelligence activity which is not otherwise authorized by

23 the Constitution or laws of the United States.
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1 TITLE IV—CENTRAL

2 INTELLIGENCE AGENCY

3 SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITALIZA4 TION.

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

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

7 (1) in subparagraph (A)—

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

9 habits, intemperance, or misconduct on his

10 part,’’;

11 (B) by striking ‘‘he shall deem’’ and insert12 ing ‘‘the Director deems’’;

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

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

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

16 States Code’’;

17 (D) by striking ‘‘his recovery’’ and inserting

18 ‘‘the recovery of such officer or employee’’; and

19 (E) by striking ‘‘his return to his post’’ and

20 inserting ‘‘the return to the post of duty of such

21 officer or employee’’;

22 (2) in subparagraph (B), by striking ‘‘his opin23 ion’’ both places it appears and inserting ‘‘the opin24 ion of the Director’’; and
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1 (3) in subparagraph (C), by striking ‘‘, not the

2 result of vicious habits, intemperance, or misconduct

3 on his part,’’.

4 TITLE V—DEPARTMENT OF DE5 FENSE INTELLIGENCE ACTIVI6 TIES

7 SEC. 501. CENTRAL IMAGERY OFFICE CIVILIAN PERSONNEL

8 MANAGEMENT.

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

10 United States Code, is amended as follows:

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

12 read as follows:

13 ‘‘CHAPTER 83—DEFENSE INTELLIGENCE

14 AGENCY AND CENTRAL IMAGERY OF15 FICE CIVILIAN PERSONNEL’’.

16 (2) In section 1601—

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

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

19 subsection (a);

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

21 Office’’ after ‘‘outside the Defense Intelligence

22 Agency’’ and inserting ‘‘, the Central Imagery

23 Office,’’ after ‘‘to the Defense Intelligence Agen24 cy’’ in subsection (d); and
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1 (C) by inserting ‘‘and the Central Imagery

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

3 subsection (e).

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

5 Imagery Office’’ after ‘‘Defense Intelligence Agency’’.

6 (4) In section 1604—

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

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

9 subsection (a)(1);

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

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

12 both places it occurs in the second sentence of

13 subsection (b);

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

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

16 subsection (c);

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

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

19 subsection (d);

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

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

22 subsection (e)(1); and

23 (F) in subsection (e)(3)—

24 (i) by amending the first sentence to

25 read as follows: ‘‘The Secretary of Defense
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1 may delegate authority under this sub2 section only to the Deputy Secretary of De3 fense, the Director of the Defense Intel4 ligence Agency, the Director of the Central

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

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

7 ‘‘any’’.

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

9 relating to chapter 83 in the tables of chapters at the begin10 ning of subtitle A, and at the beginning of part II of subtitle

11 A, of title 10, United States Code, are amended to read as

12 follows:

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

13 (c) CHAPTER 23 OF TITLE 5.—Section

14 2302(a)(2)(C)(ii) of title 5, United States Code, is amended

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

16 Intelligence Agency,’’.

17 (d) CHAPTER 31 OF TITLE 5.—Section 3132(a)(1)(B)

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

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

20 Agency,’’.

21 (e) CHAPTER 43 OF TITLE 5.—Section 4301(1)(B)(ii)

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

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

24 Agency,’’.
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1 (f) CHAPTER 47 OF TITLE 5.—Section 4701(a)(1)(B)

2 of title 5, United States Code, is amended by inserting

3 ‘‘the Central Imagery Office,’’ after ‘‘Defense Intelligence

4 Agency,’’.

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

6 title 5, United States Code, is amended—

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

8 (2) by striking the period at the end of clause (x)

9 and inserting ‘‘; or’’; and

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

11 ‘‘(xi) the Central Imagery Office, Depart12 ment of Defense.’’.

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

14 title 5, United States Code, is amended—

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

16 (J);

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

18 end of subparagraph (K); and

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

20 ‘‘(L) the Central Imagery Office, Depart21 ment of Defense;’’.

22 (i) ADDITIONAL LEAVE TRANSFER PROGRAMS.—(1)

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

24 amended—
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1 (A) by striking ‘‘and’’ at the end of subpara2 graph (D);

3 (B) by redesignating subparagraph (E) as sub4 paragraph (F); and

5 (C) by inserting after subparagraph (D) the fol6 lowing new subparagraph (E):

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

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

9 (A) by striking ‘‘and’’ at the end of subpara10 graph (D);

11 (B) by redesignating subparagraph (E) as sub12 paragraph (F);

13 (C) by inserting after subparagraph (D) the fol14 lowing new subparagraph (E):

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

16 Office, the Director of the Central Imagery Of17 fice; and’’; and

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

19 subparagraph (B) of this paragraph, by striking

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

21 (1)(F)’’ both places it appears.

22 (j) CHAPTER 71 OF TITLE 5.—Section 7103(a)(3) of

23 title 5, United States Code, is amended—

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

25 (F);
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1 (2) by inserting ‘‘or’’ at the end of subparagraph

2 (G); and

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

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

5 (k) CHAPTER 73 OF TITLE 5.—Section

6 7323(b)(2)(B)(i) of title 5, United States Code, is

7 amended—

8 (1) by striking ‘‘or’’ at the end of subclause (XI);

9 and

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

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

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

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

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

15 Agency,’’.

16 (m) ETHICS IN GOVERNMENT ACT OF 1978.—Section

17 105(a)(1) of the Ethics in Government Act of 1978 (5

18 U.S.C. App.) is amended by inserting ‘‘the Central Imagery

19 Office,’’ after ‘‘Defense Intelligence Agency,’’.

20 (n) EMPLOYEE POLYGRAPH PROTECTION ACT OF

21 1988.—Section 7(b)(2)(A)(i) of the Employee Polygraph

22 Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is

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

24 ‘‘Defense Intelligence Agency,’’.
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1 SEC. 502. DISCLOSURE OF GOVERNMENTAL AFFILIATION BY

2 DEPARTMENT OF DEFENSE INTELLIGENCE

3 PERSONNEL OUTSIDE OF THE UNITED

4 STATES.

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

6 United States Code, is amended by adding at the end there7 of the following new section:

8 ‘‘§ 426. Disclosure of governmental affiliation by De9 partment of Defense intelligence person10 nel outside the United States

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

12 other provision of law, Department of Defense intelligence

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

14 to give notice of governmental affiliation to potential Unit15 ed States person sources during the initial assessment con16 tact. For the purposes of this section, the term ‘United

17 States’ includes the Commonwealth of Puerto Rico, the

18 Commonwealth of the Northern Mariana Islands, and any

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

20 (b) CLERICAL AMENDMENT.—The table of sections for

21 subchapter I of such chapter is amended by adding at the

22 end thereof the following new item:

‘‘426. Disclosure of governmental affiliation by Department of Defense intelligence

personnel outside the United States.’’.
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1 TITLE VI—INSPECTORS

2 GENERAL

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

4 (a) DIA.—(1) Chapter 21 of title 10, United States

5 Code, is amended by inserting after section 426, as added

6 by section 502 of this Act, the following new section:

7 ‘‘§ 427. Inspector General

8 ‘‘(a) PURPOSE; ESTABLISHMENT.—In order to—

9 ‘‘(1) create an objective and effective office, ap10 propriately accountable to Congress, to initiate and

11 conduct independently inspections, investigations,

12 and audits relating to programs and operations of the

13 Defense Intelligence Agency;

14 ‘‘(2) provide leadership and recommend policies

15 designed to promote economy, efficiency, and effective16 ness in the administration of such programs and op17 erations, and detect fraud and abuse in such pro18 grams and operations;

19 ‘‘(3) provide a means for keeping the Director

20 fully and currently informed about problems and de21 ficiencies relating to the administration of such pro22 grams and operations, and the necessity for and the

23 progress of corrective actions; and

24 ‘‘(4) in the manner prescribed by this section,

25 ensure that the Senate Select Committee on Intel-
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1 ligence and the House Permanent Select Committee

2 on Intelligence (hereafter in this section referred to

3 collectively as the ‘intelligence committees’) are kept

4 similarly informed of significant problems and defi5 ciencies as well as the necessity for and the progress

6 of corrective actions,

7 there is hereby established in the Defense Intelligence Agen8 cy an Office of Inspector General (hereafter in this section

9 referred to as the ‘Office’).

10 ‘‘(b) APPOINTMENT; SUPERVISION; REMOVAL.—(1)

11 There shall be at the head of the Office an Inspector General

12 who shall be appointed by the Director of the Defense Intel13 ligence Agency. This appointment shall be made without

14 regard to political affiliation and shall be solely on the basis

15 of integrity, compliance with the security standards of the

16 Defense Intelligence Agency, and prior experience in the

17 field of foreign intelligence and in a Federal office of Inspec18 tor General. Such appointment shall also be made on the

19 basis of demonstrated ability in accounting, financial anal20 ysis, law, management analysis, public administration, or

21 auditing.

22 ‘‘(2) The Inspector General shall report directly to and

23 be under the general supervision of the Director.

24 ‘‘(3) The Director may prohibit the Inspector General

25 from initiating, carrying out, or completing any audit, in-
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1 spection, or investigation if the Director determines that

2 such prohibition is necessary to protect vital national secu3 rity interests of the United States.

4 ‘‘(4) If the Director exercises any power under para5 graph (3), the Director shall submit an appropriately clas6 sified statement of the reasons for the exercise of such power

7 within seven days to the intelligence committees. The Direc8 tor shall advise the Inspector General at the time such re9 port is submitted, and, to the extent consistent with the pro10 tection of intelligence sources and methods, provide the In11 spector General with a copy of any such report. In such

12 cases, the Inspector General may submit such comments to

13 the intelligence committees that the Director considers ap14 propriate.

15 ‘‘(5) The Director shall report to the Inspector General

16 of the Department of Defense any information, allegation,

17 or complaint received from the Inspector General estab18 lished under this section, relating to violations of Federal

19 criminal law involving any officer or employee of the De20 fense Intelligence Agency, consistent with such guidelines as

21 may be issued by the Inspector General of the Department

22 of Defense. A copy of all such reports shall be furnished to

23 the Inspector General established under this section.

24 ‘‘(6) The Inspector General may be removed from office

25 only by the Director. The Director shall immediately com-
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1 municate in writing to the intelligence committees the rea2 sons for any such removal.

3 ‘‘(c) DUTIES AND RESPONSIBILITIES.—It shall be the

4 duty and responsibility of the Inspector General appointed

5 under this section—

6 ‘‘(1) to provide policy direction for, and to plan,

7 conduct, supervise, and coordinate independently, the

8 inspections, investigations, and audits relating to the

9 programs and operations of the Defense Intelligence

10 Agency to ensure they are conducted efficiently and in

11 accordance with applicable law and regulations;

12 ‘‘(2) to keep the Director fully and currently in13 formed concerning violations of law and regulations,

14 fraud and other serious problems, abuses and defi15 ciencies that may occur in such programs and oper16 ations, and to report the progress made in implement17 ing corrective action;

18 ‘‘(3) to take due regard for the protection of in19 telligence sources and methods in the preparation of

20 all reports issued by the Office, and, to the extent con21 sistent with the purpose and objective of such reports,

22 take such measures as may be appropriate to mini23 mize the disclosure of intelligence sources and methods

24 described in such reports; and
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1 ‘‘(4) in the execution of the responsibilities of the

2 Inspector General, to comply with generally accepted

3 government auditing standards.

4 ‘‘(d) SEMIANNUAL REPORTS; IMMEDIATE REPORTS OF

5 SERIOUS OR FLAGRANT PROBLEMS; REPORTS OF FUNC6 TIONAL PROBLEMS.—(1) The Inspector General shall, not

7 later than January 31 and July 31 of each year, prepare

8 and submit to the Director a classified semiannual report

9 summarizing the activities of the Office during the imme10 diately preceding six-month period ending December 31 (of

11 the preceding year) and June 30, respectively. Within thir12 ty days of receipt of such reports, the Director shall trans13 mit such reports to the intelligence committees with any

14 comments the Director may deem appropriate. Such reports

15 shall, at a minimum, include a list of the title or subject

16 of each inspection, investigation, or audit conducted during

17 the reporting period and—

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

19 abuses, and deficiencies relating to the administration

20 of programs and operations of the Defense Intelligence

21 Agency identified by the Office during the reporting

22 period;

23 ‘‘(B) 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 subparagraph (A);

3 ‘‘(C) a statement of whether corrective action has

4 been completed on each significant recommendation

5 described in previous semiannual reports, and, in a

6 case where corrective action has been completed, a de7 scription of such corrective action;

8 ‘‘(D) 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 ‘‘(E) 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 lack

16 of authority to subpoena such information; and

17 ‘‘(F) 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 Defense Intelligence Agency, and to detect and elimi22 nate fraud and abuse in such programs and oper23 ations.

24 ‘‘(2) The Inspector General shall report immediately

25 to the Director whenever the Inspector General becomes
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1 aware of particularly serious or flagrant problems, abuses,

2 or deficiencies relating to the administration of programs

3 or operations. The Director shall transmit such report to

4 the intelligence committees within seven calendar days, to5 gether with any comments the Director considers appro6 priate.

7 ‘‘(3) In the event that—

8 ‘‘(A) the Inspector General is unable to resolve

9 any differences with the Director affecting the execu10 tion of the Inspector General’s duties or responsibil11 ities; or

12 ‘‘(B) 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 matter

17 to the intelligence committees.

18 ‘‘(4) Pursuant to title V of the National Security Act

19 of 1947, the Director shall submit to the intelligence com20 mittees any report or findings and recommendations of an

21 inspection, investigation, or audit conducted by the Office

22 which has been requested by the Chairman or Ranking Mi23 nority Member of either committee.

24 ‘‘(e) AUTHORITIES OF THE INSPECTOR GENERAL.—(1)

25 The Inspector General shall have direct and prompt access
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1 to the Director when necessary for any purpose pertaining

2 to the performance of the duties of the Inspector General.

3 ‘‘(2) The Inspector General shall have access to any

4 employee or any employee of a contractor of the Defense

5 Intelligence Agency whose testimony is needed for the per6 formance of the duties of the Inspector General. In addition,

7 the Inspector General shall have direct access to all records,

8 reports, audits, reviews, documents, papers, recommenda9 tions, or other material which relate to the programs and

10 operations with respect to which the Inspector General has

11 responsibilities under this section. Failure on the part of

12 any employee or contractor to cooperate with the Inspector

13 General shall be grounds for appropriate administrative ac14 tions by the Director, to include loss of employment or the

15 termination of an existing contractual relationship.

16 ‘‘(3) The Inspector General is authorized to receive and

17 investigate complaints or information from any person con18 cerning the existence of an activity constituting a violation

19 of laws, rules, or regulations, or mismanagement, gross

20 waste of funds, abuse of authority, or a substantial and spe21 cific danger to the public health and safety. Once such com22 plaint or information has been received from an employee

23 of the Defense Intelligence Agency—

24 ‘‘(A) the Inspector General shall not disclose the

25 identity of the employee without the consent of the
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1 employee, unless the Inspector General determines

2 that such disclosure is unavoidable during the course

3 of the investigation; and

4 ‘‘(B) no action constituting a reprisal, or threat

5 of reprisal, for making such complaint may be taken

6 by any employee of the Defense Intelligence Agency in

7 a position to take such actions, unless the complaint

8 was made or the information was disclosed with the

9 knowledge that it was false or with willful disregard

10 for its truth or falsity.

11 ‘‘(4) The Inspector General shall have authority to ad12 minister to or take from any person an oath, affirmation,

13 or affidavit, whenever necessary in the performance of the

14 duties of the Inspector General, which oath, affirmation, or

15 affidavit when administered or taken by or before an em16 ployee of the Office designated by the Inspector General

17 shall have the same force and effect as if administered or

18 taken by or before an officer having a seal.

19 ‘‘(5) The Inspector General shall be provided with ap20 propriate and adequate office space at central and field of21 fice locations, together with such equipment, office supplies,

22 maintenance services, and communications facilities and

23 services as may be necessary for the operation of such

24 offices.
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1 ‘‘(6) Subject to applicable law and the policies of the

2 Director, the Inspector General shall select, appoint and

3 employ such officers and employees as may be necessary to

4 carry out the functions of the Inspector General. In making

5 such selections, the Inspector General shall ensure that such

6 officers and employees have the requisite training and expe7 rience to enable the Inspector General to carry out the du8 ties of the Inspector General effectively. In this regard, the

9 Inspector General shall create within the organization of

10 the Inspector General a career cadre of sufficient size to pro11 vide appropriate continuity and objectivity needed for the

12 effective performance of the duties of the Inspector General.

13 ‘‘(7) Subject to the concurrence of the Director, the In14 spector General may request such information or assistance

15 as may be necessary for carrying out the duties and respon16 sibilities of the Inspector General from any Federal agency.

17 Upon request of the Inspector General for such information

18 or assistance, the head of the Federal agency involved shall,

19 insofar as is practicable and not in contravention of any

20 existing statutory restriction or regulation of the Federal

21 agency concerned, furnish to the Inspector General, or to

22 an authorized designee, such information or assistance.

23 ‘‘(f) RELATIONSHIP WITH INSPECTOR GENERAL OF

24 THE DEPARTMENT OF DEFENSE.—Nothing in this section
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1 shall be construed to affect the authorities and responsibil2 ities of the Inspector General of the Department of Defense.

3 ‘‘(g) SEPARATE BUDGET ACCOUNT.—Beginning with

4 fiscal year 1996, there shall be included in the National

5 Foreign Intelligence Program budget a separate account for

6 the Office of Inspector General established pursuant to this

7 section.

8 ‘‘(h) TRANSFER.—There shall be transferred to the Of9 fice the office of the Defense Intelligence Agency referred to

10 as the ‘Office of Inspector General’. The personnel, assets,

11 liabilities, contracts, property, records, and unexpended

12 balances of appropriations, authorizations, allocations, and

13 other funds employed, held, used, arising from, or available

14 to such ‘Office of Inspector General’ are hereby transferred

15 to the Office established pursuant to this section.’’.

16 (2) The table of sections of chapter 21 of title 10,

17 United States Code, is amended by inserting after the item

18 relating to section 426, as added by section 502 of this Act,

19 the following:

‘‘427. Inspector General.’’.

20 (b) NSA.—The National Security Agency Act of 1959

21 (50 U.S.C. 402 note) is amended by adding at the end the

22 following:

23 ‘‘SEC. 19. INSPECTOR GENERAL.

24 ‘‘(a) PURPOSE; ESTABLISHMENT.—In order to—
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1 ‘‘(1) create an objective and effective office, ap2 propriately accountable to Congress, to initiate and

3 conduct independently inspections, investigations,

4 and audits relating to programs and operations of the

5 National Security Agency;

6 ‘‘(2) provide leadership and recommend policies

7 designed to promote economy, efficiency, and effective8 ness in the administration of such programs and op9 erations, and detect fraud and abuse in such pro10 grams and operations;

11 ‘‘(3) provide a means for keeping the Director

12 fully and currently informed about problems and de13 ficiencies relating to the administration of such pro14 grams and operations, and the necessity for and the

15 progress of corrective actions; and

16 ‘‘(4) in the manner prescribed by this section,

17 ensure that the Senate Select Committee on Intel18 ligence and the House Permanent Select Committee

19 on Intelligence (hereafter in this section referred to

20 collectively as the ‘intelligence committees’) are kept

21 similarly informed of significant problems and defi22 ciencies as well as the necessity for and the progress

23 of corrective actions,
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1 there is hereby established in the National Security Agency

2 an Office of Inspector General (hereafter in this section re3 ferred to as the ‘Office’).

4 ‘‘(b) APPOINTMENT; SUPERVISION; REMOVAL.—(1)

5 There shall be at the head of the Office an Inspector General

6 who shall be appointed by the Director of the National Secu7 rity Agency. This appointment shall be made without re8 gard to political affiliation and shall be solely on the basis

9 of integrity, compliance with the security standards of the

10 National Security Agency, and prior experience in the field

11 of foreign intelligence and in a Federal office of Inspector

12 General. Such appointment shall also be made on the basis

13 of demonstrated ability in accounting, financial analysis,

14 law, management analysis, public administration, or au15 diting.

16 ‘‘(2) The Inspector General shall report directly to and

17 be under the general supervision of the Director.

18 ‘‘(3) The Director may prohibit the Inspector General

19 from initiating, carrying out, or completing any audit, in20 spection, or investigation if the Director determines that

21 such prohibition is necessary to protect vital national secu22 rity interests of the United States.

23 ‘‘(4) If the Director exercises any power under para24 graph (3), the Director shall submit an appropriately clas25 sified statement of the reasons for the exercise of such power
27

•HR 4299 CDH

1 within seven days to the intelligence committees. The Direc2 tor shall advise the Inspector General at the time such re3 port is submitted, and, to the extent consistent with the pro4 tection of intelligence sources and methods, provide the In5 spector General with a copy of any such report. In such

6 cases, the Inspector General may submit such comments to

7 the intelligence committees that the Director considers ap8 propriate.

9 ‘‘(5) The Director shall report to the Inspector General

10 of the Department of Defense any information, allegation,

11 or complaint received from the Inspector General estab12 lished under this section, relating to violations of Federal

13 criminal law involving any officer or employee of the Na14 tional Security Agency, consistent with such guidelines as

15 may be issued by the Inspector General of the Department

16 of Defense. A copy of all such reports shall be furnished to

17 the Inspector General established under this section.

18 ‘‘(6) The Inspector General may be removed from office

19 only by the Director. The Director shall immediately com20 municate in writing to the intelligence committees the rea21 sons for any such removal.

22 ‘‘(c) DUTIES AND RESPONSIBILITIES.—It shall be the

23 duty and responsibility of the Inspector General appointed

24 under this section—
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1 ‘‘(1) to provide policy direction for, and to plan,

2 conduct, supervise, and coordinate independently, the

3 inspections, investigations, and audits relating to the

4 programs and operations of the National Security

5 Agency to ensure they are conducted efficiently and in

6 accordance with applicable law and regulations;

7 ‘‘(2) to keep the Director fully and currently in8 formed concerning violations of law and regulations,

9 fraud and other serious problems, abuses and defi10 ciencies that may occur in such programs and oper11 ations, and to report the progress made in implement12 ing corrective action;

13 ‘‘(3) to take due regard for the protection of in14 telligence sources and methods in the preparation of

15 all reports issued by the Office, and, to the extent con16 sistent with the purpose and objective of such reports,

17 take such measures as may be appropriate to mini18 mize the disclosure of intelligence sources and methods

19 described in such reports; and

20 ‘‘(4) in the execution of the responsibilities of the

21 Inspector General, to comply with generally accepted

22 government auditing standards.

23 ‘‘(d) SEMIANNUAL REPORTS; IMMEDIATE REPORTS OF

24 SERIOUS OR FLAGRANT PROBLEMS; REPORTS OF FUNC25 TIONAL PROBLEMS.—(1) The Inspector General shall, not
29

•HR 4299 CDH

1 later than January 31 and July 31 of each year, prepare

2 and submit to the Director a classified semiannual report

3 summarizing the activities of the Office during the imme4 diately preceding six-month period ending December 31 (of

5 the preceding year) and June 30, respectively. Within thir6 ty days, the Director shall transmit such reports to the in7 telligence committees with any comments the Director may

8 deem appropriate. Such reports shall, at a minimum, in9 clude a list of the title or subject of each inspection, inves10 tigation, or audit conducted during the reporting period

11 and—

12 ‘‘(A) a description of significant problems,

13 abuses, and deficiencies relating to the administration

14 of programs and operations of the National Security

15 Agency identified by the Office during the reporting

16 period;

17 ‘‘(B) a description of the recommendations for

18 corrective action made by the Office during the re19 porting period with respect to significant problems,

20 abuses, or deficiencies identified in subparagraph (A);

21 ‘‘(C) a statement of whether corrective action has

22 been completed on each significant recommendation

23 described in previous semiannual reports, and, in a

24 case where corrective action has been completed, a de25 scription of such corrective action;
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•HR 4299 CDH

1 ‘‘(D) a certification that the Inspector General

2 has had full and direct access to all information rel3 evant to the performance of the functions of the In4 spector General;

5 ‘‘(E) a description of all cases occurring during

6 the reporting period where the Inspector General

7 could not obtain documentary evidence relevant to

8 any inspection, audit, or investigation due to the lack

9 of authority to subpoena such information; and

10 ‘‘(F) such recommendations as the Inspector

11 General may wish to make concerning legislation to

12 promote economy and efficiency in the administra13 tion of programs and operations undertaken by the

14 National Security Agency, and to detect and elimi15 nate fraud and abuse in such programs and oper16 ations.

17 ‘‘(2) The Inspector General shall report immediately

18 to the Director whenever the Inspector General becomes

19 aware of particularly serious or flagrant problems, abuses,

20 or deficiencies relating to the administration of programs

21 or operations. The Director shall transmit such report to

22 the intelligence committees within seven calendar days, to23 gether with any comments the Director considers appro24 priate.

25 ‘‘(3) In the event that—
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•HR 4299 CDH

1 ‘‘(A) the Inspector General is unable to resolve

2 any differences with the Director affecting the execu3 tion of the Inspector General’s duties or responsibil4 ities; or

5 ‘‘(B) the Inspector General, after exhausting all

6 possible alternatives, is unable to obtain significant

7 documentary information in the course of an inves8 tigation, inspection, or audit,

9 the Inspector General shall immediately report such matter

10 to the intelligence committees.

11 ‘‘(4) Pursuant to title V of the National Security Act

12 of 1947, the Director shall submit to the intelligence com13 mittees any report or findings and recommendations of an

14 inspection, investigation, or audit conducted by the Office

15 which has been requested by the Chairman or Ranking Mi16 nority Member of either committee.

17 ‘‘(e) AUTHORITIES OF THE INSPECTOR GENERAL.—(1)

18 The Inspector General shall have direct and prompt access

19 to the Director when necessary for any purpose pertaining

20 to the performance of the duties of the Inspector General.

21 ‘‘(2) The Inspector General shall have access to any

22 employee or any employee of a contractor of the National

23 Security Agency whose testimony is needed for the perform24 ance of the duties of the Inspector General. In addition, the

25 Inspector General shall have direct access to all records, re-
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•HR 4299 CDH

1 ports, audits, reviews, documents, papers, recommenda2 tions, or other material which relate to the programs and

3 operations with respect to which the Inspector General has

4 responsibilities under this section. Failure on the part of

5 any employee or contractor to cooperate with the Inspector

6 General shall be grounds for appropriate administrative ac7 tions by the Director, to include loss of employment or the

8 termination of an existing contractual relationship.

9 ‘‘(3) The Inspector General is authorized to receive and

10 investigate complaints or information from any person con11 cerning the existence of an activity constituting a violation

12 of laws, rules, or regulations, or mismanagement, gross

13 waste of funds, abuse of authority, or a substantial and spe14 cific danger to the public health and safety. Once such com15 plaint or information has been received from an employee

16 of the National Security Agency—

17 ‘‘(A) the Inspector General shall not disclose the

18 identity of the employee without the consent of the

19 employee, unless the Inspector General determines

20 that such disclosure is unavoidable during the course

21 of the investigation; and

22 ‘‘(B) no action constituting a reprisal, or threat

23 of reprisal, for making such complaint may be taken

24 by any employee of the National Security Agency in

25 a position to take such actions, unless the complaint
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1 was made or the information was disclosed with the

2 knowledge that it was false or with willful disregard

3 for its truth or falsity.

4 ‘‘(4) The Inspector General shall have authority to ad5 minister to or take from any person an oath, affirmation,

6 or affidavit, whenever necessary in the performance of du7 ties of the Inspector General, which oath, affirmation, or

8 affidavit when administered or taken by or before an em9 ployee of the Office designated by the Inspector General

10 shall have the same force and effect as if administered or

11 taken by or before an officer having a seal.

12 ‘‘(5) The Inspector General shall be provided with ap13 propriate and adequate office space at central and field of14 fice locations, together with such equipment, office supplies,

15 maintenance services, and communications facilities and

16 services as may be necessary for the operation of such of17 fices.

18 ‘‘(6) Subject to applicable law and the policies of the

19 Director, the Inspector General shall select, appoint and

20 employ such officers and employees as may be necessary to

21 carry out the functions of the Inspector General. In making

22 such selections, the Inspector General shall ensure that such

23 officers and employees have the requisite training and expe24 rience to enable the Inspector General to carry out the du25 ties of the Inspector General effectively. In this regard, the
34

•HR 4299 CDH

1 Inspector General shall create within the organization of

2 the Inspector General a career cadre of sufficient size to pro3 vide appropriate continuity and objectivity needed for the

4 effective performance of the duties of the Inspector General.

5 ‘‘(7) Subject to the concurrence of the Director, the In6 spector General may request such information or assistance

7 as may be necessary for carrying out the duties and respon8 sibilities of the Inspector General from any Federal agency.

9 Upon request of the Inspector General for such information

10 or assistance, the head of the Federal agency involved shall,

11 insofar as is practicable and not in contravention of any

12 existing statutory restriction or regulation of the Federal

13 agency concerned, furnish to the Inspector General, or to

14 an authorized designee, such information or assistance.

15 ‘‘(f) RELATIONSHIP WITH INSPECTOR GENERAL OF

16 THE DEPARTMENT OF DEFENSE.—Nothing in this section

17 shall be construed to affect the authorities and responsibil18 ities of the Inspector General of the Department of Defense.

19 ‘‘(g) SEPARATE BUDGET ACCOUNT.—Beginning with

20 fiscal year 1996, there shall be included in the National

21 Foreign Intelligence Program budget a separate account for

22 the Office of Inspector General established pursuant to this

23 section.

24 ‘‘(h) TRANSFER.—There shall be transferred to the Of25 fice the office of the National Security Agency referred to
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•HR 4299 CDH

1 as the ‘Office of Inspector General’. The personnel, assets,

2 liabilities, contracts, property, records, and unexpended

3 balances of appropriations, authorizations, allocations, and

4 other funds employed, held, used, arising from, or available

5 to such ‘Office of Inspector General’ are hereby transferred

6 to the Office established pursuant to this section.’’.

7 (c) CIA.—Section 17 of the Central Intelligence Agen8 cy Act of 1949 (50 U.S.C. 403q) is amended—

9 (1) in subsection (b)(1)—

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

11 inserting ‘‘foreign intelligence and in a Federal

12 office of Inspector General.’’;

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

14 (C) by striking the period at the end thereof

15 and inserting ‘‘, or auditing.’’;

16 (2) in subsection (c)(1), by striking ‘‘to conduct’’

17 and inserting ‘‘to plan, conduct’’;

18 (3) in subsection (d)(1)—

19 (A) by striking ‘‘June 30 and December 31’’

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

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

22 first sentence and inserting ‘‘periods ending De23 cember 31 (of the preceding year) and June 30,

24 respectively.’’; and
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•HR 4299 CDH

1 (C) by inserting ‘‘of receipt of such reports’’

2 after ‘‘thirty days’’;

3 (4) in subsection (d)(3)(C), by inserting ‘‘inspec4 tion, or audit,’’ after ‘‘investigation,’’;

5 (5) in subsection (d)(4), by inserting ‘‘or find6 ings and recommendations’’ after ‘‘report’’; and

7 (6) in subsection (e)(6)—

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

9 that’’; and

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

11 ‘‘shall’’.

12 TITLE VII—CLASSIFICATION

13 MANAGEMENT

14 SEC. 701. DECLASSIFICATION PLAN.

15 Each agency of the National Foreign Intelligence Pro16 gram to which is appropriated more than $1,000,000 in

17 the security, countermeasures, and related activities struc18 tural category for fiscal year 1995 shall allocate at least

19 two percent of their total expenditure in this structural cat20 egory for fiscal year 1995 to the classification management

21 consolidated expenditure center, to be used for the following

22 activities:

23 (1) Development of a phased plan to implement

24 declassification guidelines contained in the executive

25 order which replaces Executive Order 12356. Each
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•HR 4299 CDH

1 such agency shall provide the plan to Congress within

2 90 days after the beginning of fiscal year 1995 or 90

3 days after the publication of such replacement execu4 tive order, whichever is later. This plan shall include

5 an accounting of the amount of archived material,

6 levels of classification, types of storage media and lo7 cations, review methods to be employed, and estimated

8 costs of the declassification activity itself; as well as

9 an assessment by the agency of the appropriate types

10 and amounts of information to be maintained in the

11 future, how it will be stored, safeguarded, and re12 viewed, and the projected costs of these classification

13 management activities for the succeeding five years.

14 (2) Commencement of the process of declassifica15 tion and reduction of the amount of archived classi16 fied documents maintained by each agency.

17 (3) Submission of a report to the Permanent Se18 lect Committee on Intelligence of the House of Rep19 resentatives and the Select Committee on Intelligence

20 of the Senate within 90 days after the end of fiscal

21 year 1995 on the progress made in carrying out para22 graph (2), with reference to the plan required by

23 paragraph (1).
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1 SEC. 702. CLASSIFICATION AND DECLASSIFICATION OF IN2 FORMATION.

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

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

5 and issue an executive order for its implementation, which

6 provides for the classification and declassification of infor7 mation. It is the sense of Congress that the plan should pro8 vide for the following:

9 (1) A test for the classification of information

10 which balances the public’s right to know against

11 identifiable harm to the national security which will

12 result from public disclosure.

13 (2) A narrow definition of the categories of infor14 mation subject to classification to avoid excessive clas15 sification.

16 (3) Classification periods of reasonably short du17 ration, and a determination of the date when or event

18 upon which declassification of such information shall

19 occur, with a recognition that extension of such pe20 riod may be required in certain circumstances.

21 (4) Automatic declassification at the expiration

22 of the classification period.

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

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

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

26 which such plan and proposed regulation is submitted to
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1 the Permanent Select Committee on Intelligence and the

2 Committee on Government Operations of the House of Rep3 resentatives and the Select Committee on Intelligence and

4 the Committee on Governmental Affairs of the Senate.

5 TITLE VIII—

6 COUNTERINTELLIGENCE

7 SEC. 801. ACCESS TO CLASSIFIED INFORMATION.

8 (a) IN GENERAL.—The National Security Act of 1947

9 (50 U.S.C. 401 et seq.) is amended by adding at the end

10 thereof the following new title:

11 ‘‘TITLE VIII—ACCESS TO CLASSIFIED

12 INFORMATION

13 ‘‘RULE OF APPLICATION

14 ‘‘SEC. 801. The President and Vice President, Members

15 of the Congress (including any Resident Commissioner and

16 Delegate to the House of Representatives), Justices of the

17 Supreme Court, and Federal judges appointed by the Presi18 dent shall, by virtue of their elected or appointed positions,

19 be entitled to access to classified information needed for the

20 performance of their governmental functions without regard

21 to the other provisions of this title.

22 ‘‘REGULATIONS

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

24 after enactment of this title, direct the issuance of a regula25 tion to implement this title.
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1 ‘‘(b) The regulation issued pursuant to subsection (a)

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

3 which the regulation is submitted to the Congress.

4 ‘‘CONSENT FOR ACCESS TO FINANCIAL INFORMATION

5 ‘‘SEC. 803. Except as may be provided for in the regu6 lation issued under section 802 of this title, after such regu7 lation takes effect, no person shall be given access to classi8 fied information by any department, agency, or office of

9 the executive branch unless such person has provided con10 sent in accordance with this section. Such consent shall be

11 provided to the investigative agency responsible for conduct12 ing the security investigation of such person, or in the case

13 of a person who is an employee of the legislative branch

14 or the judicial branch, to the employing office of such em15 ployee. Such consent shall be provided during the initial

16 background investigation, for such times as access to such

17 information is maintained, and for three years thereafter.

18 Such consent shall permit access to—

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

20 or financial institution;

21 ‘‘(2) consumer reports held by a consumer credit

22 reporting agency; and

23 ‘‘(3) records maintained by commercial entities

24 within the United States pertaining to any travel by

25 the person outside the United States.
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1 ‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES

2 ‘‘SEC. 804. (a)(1) Any authorized investigative agency

3 may request from any financial agency, financial institu4 tion, or consumer credit reporting agency such financial

5 records and consumer reports as are necessary in order to

6 conduct any authorized law enforcement investigation, for7 eign counterintelligence inquiry, or security determination.

8 Any authorized investigative agency may also request

9 records maintained by any commercial entity within the

10 United States pertaining to travel by a person outside the

11 United States.

12 ‘‘(2) Requests may be made under this section where—

13 ‘‘(A) the records sought pertain to a person who

14 is or was an employee required, as a condition of ac15 cess to classified information, to provide consent, dur16 ing a background investigation, for such time as ac17 cess to the information is maintained, and for three

18 years thereafter, permitting access to financial

19 records, other financial information, consumer re20 ports, and travel records; and

21 ‘‘(B) there are reasonable grounds to believe,

22 based upon specific and articulable facts available to

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

24 information in an unauthorized manner to a foreign

25 power or agent of a foreign power, or in the course
42

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1 of any background investigation or reinvestigation,

2 an issue of otherwise unexplained affluence or exces3 sive indebtedness arises.

4 ‘‘(3) Each such request shall—

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

6 signed by the department or agency head or deputy

7 department or agency head concerned and shall cer8 tify that—

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

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

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

12 an authorized inquiry or investigation and is

13 authorized under this section; and

14 ‘‘(iii) the records or information to be re15 viewed are records or information which the em16 ployee has previously agreed to make available to

17 the authorized investigative agency for review;

18 ‘‘(B) contain a copy of the agreement referred to

19 in subparagraph (A)(iii);

20 ‘‘(C) identify specifically or by category the

21 records or information to be reviewed; and

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

23 prohibition described in subsection (b).

24 ‘‘(4) The authorized investigative agency shall prompt25 ly notify the person who is the subject of a request under
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•HR 4299 CDH

1 this section relating to a background investigation or

2 reinvestigation for records, reports, or other information.

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

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

5 or private entity, or officer, employee, or agent of such en6 tity, may disclose to any person, other than those officers,

7 employees, or agents of such entity necessary to satisfy a

8 request made under this section, that such entity has re9 ceived or satisfied a request made by an authorized inves10 tigative agency under this section.

11 ‘‘(c)(1) Notwithstanding any other provision of law ex12 cept section 6103 of the Internal Revenue Code of 1986, an

13 entity receiving a request for records or information under

14 subsection (a) shall, if the request satisfies the requirements

15 of this section, make available such records or information

16 within 30 days for inspection or copying, as may be appro17 priate, by the agency requesting such records or informa18 tion.

19 ‘‘(2) Any entity (including any officer, employee or

20 agent thereof) that discloses records or information for in21 spection or copying pursuant to this section in good faith

22 reliance upon the certifications made by an agency pursu23 ant to this section shall not be liable for any such disclosure

24 to any person under this title, the constitution of any State,
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1 or any law or regulation of any State or any political sub2 division of any State.

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

4 therefor, any agency requesting records or information

5 under this section may reimburse a private entity for any

6 cost reasonably incurred by such entity in responding to

7 such request, including the cost of identifying, reproducing,

8 or transporting records or other data.

9 ‘‘(e) An agency receiving records or information pur10 suant to a request under this section may disseminate the

11 records or information obtained pursuant to such request

12 outside the agency only to the agency employing the em13 ployee who is the subject of the records or information, to

14 the Department of Justice for law enforcement or foreign

15 counterintelligence purposes, or, with respect to dissemina16 tion to an agency of the United States, only if such infor17 mation is clearly relevant to the authorized responsibilities

18 of such agency relating to security determinations, law en19 forcement, or counterintelligence.

20 ‘‘(f) Any agency that discloses records or information

21 received pursuant to a request under this section in viola22 tion of subsection (e) shall be liable to the person to whom

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

24 ‘‘(1) $100, without regard to the volume of

25 records involved;
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1 ‘‘(2) any actual damages sustained by the person

2 as a result of the disclosure;

3 ‘‘(3) if the violation is found to have been willful

4 or intentional, such punitive damages as the court

5 may allow; and

6 ‘‘(4) in the case of any successful action to en7 force liability, the costs of the action, together with

8 reasonable attorney fees, as determined by the court.

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

10 of an investigative agency to obtain information pursuant

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

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

13 seq.).

14 ‘‘DEFINITIONS

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

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

17 means the Office of the Architect of the Capitol, the

18 Botanic Garden, the General Accounting Office, the

19 Government Printing Office, the Library of Congress,

20 the Office of Technology Assessment, the Congressional

21 Budget Office, and the Copyright Royalty Tribunal;

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

23 means—

24 ‘‘(A) an agency authorized by law or regu25 lation to conduct foreign counterintelligence in26 vestigations or investigations of persons who are
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1 proposed for access to classified information to

2 ascertain whether such persons satisfy the cri3 teria for obtaining and retaining access to such

4 information;

5 ‘‘(B) in the case of the House of Representa6 tives, an agency designated by the Speaker of the

7 House;

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

9 designated by the President pro tempore of the

10 Senate;

11 ‘‘(D) in the case of an agency of the legisla12 tive branch, an agency designated by the head of

13 such agency; and

14 ‘‘(E) in the case of the judiciary, an agency

15 designated by the Director of the Administrative

16 Office of the United States Courts, under the di17 rection of the Chief Justice of the United States;

18 ‘‘(3) the term ‘classified information’ means any

19 information that has been determined pursuant to

20 Executive Order No. 12356 of April 2, 1982, or suc21 cessor orders, or the Atomic Energy Act of 1954, to

22 require protection against unauthorized disclosure

23 and that is so designated;
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1 ‘‘(4) the term ‘consumer credit reporting agency’

2 has the meaning given such term in section 603 of the

3 Consumer Credit Protection Act (15 U.S.C. 1681a));

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

5 who receives a salary or compensation of any kind

6 from the United States Government, is a contractor

7 of the United States Government or an employee

8 thereof, is an unpaid consultant of the United States

9 Government, or otherwise acts for or on behalf of the

10 United States Government;

11 ‘‘(6) the term ‘employee of the legislative branch’

12 means an individual (other than a Member of, and a

13 Resident Commissioner or Delegate to, the Congress)

14 whose salary is paid by—

15 ‘‘(A) the Director of Non-legislative and Fi16 nancial Services of the House of Representatives;

17 ‘‘(B) the Secretary of the Senate; or

18 ‘‘(C) an agency of the legislative branch;

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

20 institution’ have the meaning given such terms in sec21 tion 5312 of title 31, United States Code; and

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

23 United States, the District of Columbia, the Common24 wealth of Puerto Rico, the Trust Territory of the Pa-
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1 cific Islands, and any territory or possession of the

2 United States.

3 ‘‘EFFECTIVE DATE

4 ‘‘SEC. 806. This title shall take effect upon the issuance

5 of a final regulation pursuant to section 802.’’.

6 (b) CONFORMING AMENDMENT.—The table of contents

7 of the National Security Act of 1947 is amended by adding

8 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.’’.

9 SEC. 802. REWARDS FOR INFORMATION CONCERNING ESPI10 ONAGE.

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

12 Code, is amended—

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

14 and

15 (2) by adding at the end the following new sub16 section:

17 ‘‘(b) With respect to acts of espionage involving or di18 rected at the United States, the Attorney General may re19 ward any individual who furnishes information—
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1 ‘‘(1) leading to the arrest or conviction, in any

2 country, of any individual or individuals for commis3 sion of an act of espionage against the United States;

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

5 country, of any individual or individuals for conspir6 ing or attempting to commit an act of espionage

7 against the United States; or

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

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

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

11 amended—

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

13 (6);

14 (2) by striking the period at the end of para15 graph (7) and inserting ‘‘; and’’; and

16 (3) by adding at the end the following new para17 graph:

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

19 a violation of—

20 ‘‘(A) section 793, 794, or 798 of title 18,

21 United States Code; or

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

23 Control Act of 1950.’’.
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1 (c) CLERICAL AMENDMENTS.—(1) The item relating to

2 chapter 204 in the table of chapters for part II of such title

3 is amended to read as follows:

‘‘204. Rewards for information concerning terrorist acts

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

4 (2) The heading for chapter 204 of such title is amend5 ed to read as follows:

6 ‘‘CHAPTER 204—REWARDS FOR INFORMA7 TION CONCERNING TERRORIST ACTS

8 AND ESPIONAGE’’.

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

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

11 States Code, is amended by inserting after section 3238 the

12 following new section:

13 ‘‘§ 3239. Espionage and related offenses not committed

14 in any district

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

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

17 this title;

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

19 1947; or

20 ‘‘(3) subsection (b) or (c) of section 4 of the Sub21 versive Activities Control Act of 1950,

22 begun or committed upon the high seas or elsewhere out of

23 the jurisdiction of any particular State or district, may be
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1 in the District of Columbia or in any other district author2 ized by law.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections for

4 chapter 211 of such title is amended by inserting after the

5 item relating to section 3238 the following:

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

6 SEC. 804. CRIMINAL FORFEITURE FOR VIOLATION OF CER7 TAIN ESPIONAGE LAWS.

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

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

10 new subsection:

11 ‘‘(d)(1) Any person convicted of a violation of this sec12 tion shall forfeit to the United States irrespective of any

13 provision of State law—

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

15 any proceeds the person obtained, directly or indi16 rectly, as the result of such violation; and

17 ‘‘(B) any of the person’s property used, or in18 tended to be used, in any manner or part, to commit,

19 or to facilitate the commission of, such violation.

20 ‘‘(2) The court, in imposing sentence on a defendant

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

22 that the defendant forfeit to the United States all property

23 described in paragraph (1).

24 ‘‘(3) Except as provided in paragraph (4), the provi25 sions of subsections (b), (c), and (e) through (p) of section
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1 413 of the Comprehensive Drug Abuse Prevention and Con2 trol Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)), shall

3 apply to—

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

5 subsection;

6 ‘‘(B) any seizure or disposition of such property;

7 and

8 ‘‘(C) any administrative or judicial proceeding

9 in relation to such property,

10 if not inconsistent with this subsection.

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

12 shall be deposited in the Crime Victims Fund in the Treas13 ury all amounts from the forfeiture of property under this

14 subsection remaining after the payment of expenses for for15 feiture and sale authorized by law.

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

17 any State of the United States, the District of Columbia,

18 the Commonwealth of Puerto Rico, the Trust Territory of

19 the Pacific Islands, and any territory or possession of the

20 United States.’’.

21 (b) AMENDMENTS FOR CONSISTENCY IN APPLICATION

22 OF FORFEITURE UNDER TITLE 18.—(1) Section 793(h)(3)

23 of such title is amended in the matter preceding subpara24 graph (A) by striking out ‘‘(o)’’ each place it appears and

25 inserting in lieu thereof ‘‘(p)’’.
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1 (2) Section 794(d)(3) of such title is amended in the

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

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

4 (c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Section

5 4 of the Subversive Activities Control Act of 1950 (50

6 U.S.C. 783) is amended by adding at the end the following

7 new subsection:

8 ‘‘(e)(1) Any person convicted of a violation of this sec9 tion shall forfeit to the United States irrespective of any

10 provision of State law—

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

12 any proceeds the person obtained, directly or indi13 rectly, as the result of such violation; and

14 ‘‘(B) any of the person’s property used, or in15 tended to be used, in any manner or part, to commit,

16 or to facilitate the commission of, such violation.

17 ‘‘(2) The court, in imposing sentence on a defendant

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

19 that the defendant forfeit to the United States all property

20 described in paragraph (1).

21 ‘‘(3) Except as provided in paragraph (4), the provi22 sions of subsections (b), (c), and (e) through (p) of section

23 413 of the Comprehensive Drug Abuse Prevention and Con24 trol Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)) shall

25 apply to—
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1 ‘‘(A) property subject to forfeiture under this

2 subsection;

3 ‘‘(B) any seizure or disposition of such property;

4 and

5 ‘‘(C) any administrative or judicial proceeding

6 in relation to such property,

7 if not inconsistent with this subsection.

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

9 shall be deposited in the Crime Victims Fund in the Treas10 ury all amounts from the forfeiture of property under this

11 subsection remaining after the payment of expenses for for12 feiture and sale authorized by law.

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

14 any State of the United States, the District of Columbia,

15 the Commonwealth of Puerto Rico, the Trust Territory of

16 the Pacific Islands, and any territory or possession of the

17 United States.’’.

18 SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PER19 SONS CONVICTED OF ESPIONAGE IN FOREIGN

20 COURTS INVOLVING UNITED STATES INFOR21 MATION.

22 Section 8312 of title 5, United States Code, is amended

23 by adding at the end thereof the following new subsection:

24 ‘‘(d)(1) For purposes of subsections (b)(1) and (c)(1),

25 an offense within the meaning of such subsections is estab-
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1 lished if the Attorney General of the United States certifies

2 to the agency administering the annuity or retired pay con3 cerned—

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

5 has been convicted by an impartial court of appro6 priate jurisdiction within a foreign country in cir7 cumstances in which the conduct violates the provi8 sions of law enumerated in subsections (b)(1) and

9 (c)(1), or would violate such provisions had such con10 duct taken place within the United States, and that

11 such conviction is not being appealed or that final ac12 tion has been taken on such appeal;

13 ‘‘(B) that such conviction was obtained in ac14 cordance with procedures that provided the defendant

15 due process rights comparable to such rights provided

16 by the United States Constitution, and such convic17 tion was based upon evidence which would have been

18 admissible in the courts of the United States; and

19 ‘‘(C) that such conviction occurred after the date

20 of enactment of this subsection.

21 ‘‘(2) Any certification made pursuant to this sub22 section shall be subject to review by the United States Court

23 of Claims based upon the application of the individual con24 cerned, or his or her attorney, alleging that any of the con25 ditions set forth in subparagraphs (A), (B), or (C) of para-
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1 graph (1), as certified by the Attorney General, have not

2 been satisfied in his or her particular circumstances.

3 Should the court determine that any of these conditions has

4 not been satisfied in such case, the court shall order any

5 annuity or retirement benefit to which the person concerned

6 is entitled to be restored and shall order that any payments

7 which may have been previously denied or withheld to be

8 paid by the department or agency concerned.’’.

9 SEC. 806. POST EMPLOYMENT ASSISTANCE FOR CIVILIAN

10 PERSONNEL WITHIN THE INTELLIGENCE

11 COMPONENTS OF THE DEPARTMENT OF DE12 FENSE.

13 (a) CONSOLIDATION OF AUTHORITY.—

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

15 States Code, is amended by adding at the end the fol16 lowing:

17 ‘‘§ 1599. Post employment assistance regarding certain

18 civilian intelligence personnel

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

20 Secretary of Defense may use appropriated funds to assist

21 a civilian employee who has been in a sensitive position

22 in an intelligence agency or component of the Department

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

24 access to Sensitive Compartmented Information and em25 ployment with the intelligence agency or component, or
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1 whose employment with the intelligence agency or compo2 nent has been terminated—

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

4 employment;

5 ‘‘(2) in receiving treatment of medical or psycho6 logical disabilities; and

7 ‘‘(3) in providing necessary financial support

8 during periods of unemployment.

9 ‘‘(b) Assistance may be provided under subsection (a)

10 only if the Secretary determines that such assistance is es11 sential to maintain the judgment and emotional stability

12 of such employee and avoid circumstances that might lead

13 to the unlawful disclosure of classified information to which

14 such employee had access. Assistance provided under this

15 section for an employee shall not be provided any longer

16 than five years after the termination of the employment of

17 the employee.

18 ‘‘(c) The Secretary may, to the extent and in the man19 ner determined by the Secretary to appropriate, delegate

20 the authority to provide assistance under this section.

21 ‘‘(d) The Secretary shall report annually to the Com22 mittees on Appropriations of the Senate and House of Rep23 resentatives, the Select Committee on Intelligence of the

24 Senate, and the Permanent Select Committee on Intel-
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1 ligence of the House of Representatives with respect to any

2 expenditure made pursuant to this section.

3 ‘‘(e) For the purposes of this section, the term ‘intel4 ligence agency or component’ means the National Security

5 Agency, the Defense Intelligence Agency, the National Re6 connaissance Office, the Central Imagery Office, and the in7 telligence components of the military departments.’’.

8 (2) The table of sections of Chapter 81 of such title

9 is amended by adding after the item relating to section 1598

10 the following new item:

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

11 (b) REPEAL OF DUPLICATIVE AUTHORITY.—

12 (1) DEFENSE INTELLIGENCE AGENCY.—Para13 graph (4) of Section 1604(e) of title 10, United States

14 Code, is repealed.

15 (2) NATIONAL SECURITY AGENCY.—Section 17 of

16 the National Security Agency Act of 1959 (50 U.S.C.

17 402 note) is repealed.

18 (c) SAVINGS PROVISION.—The repeals made by sub19 section (b) do not affect rights and duties that matured be20 fore the date of enactment of this section.

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