103D CONGRESS

2D SESSION H. R. 4299

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’’.

6 TITLE I—INTELLIGENCE

7 ACTIVITIES

8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 1995 for the conduct of the intelligence and

11 intelligence-related activities of the following elements of

12 the United States Government:

13 (1) The Central Intelligence Agency.

14 (2) The Department of Defense.

15 (3) The Defense Intelligence Agency.
2

HR 4299 EH

1 (4) The National Security Agency.

2 (5) The National Reconnaissance Office.

3 (6) The Department of the Army, the Depart4 ment of the Navy, and the Department of the Air

5 Force.

6 (7) The Department of State.

7 (8) The Department of the Treasury.

8 (9) The Department of Energy.

9 (10) The Federal Bureau of Investigation.

10 (11) The Drug Enforcement Administration.

11 (12) The Central Imagery Office.

12 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

13 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

14 CEILINGS.—The amounts authorized to be appropriated

15 under section 101, and the authorized personnel ceilings

16 as of September 30, 1995, for the conduct of the intel17 ligence and intelligence-related activities of the elements

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

19 Schedule of Authorizations prepared to accompany the bill

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

21 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU22 THORIZATIONS.—The Schedule of Authorizations shall be

23 made available to the Committees on Appropriations of

24 the Senate and House of Representatives and to the Presi25 dent. The President shall provide for suitable distribution
3

HR 4299 EH

1 of the Schedule, or of appropriate portions of the Sched2 ule, within the executive branch.

3 SEC. 103. COMMUNITY MANAGEMENT ACCOUNT.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated for the Community Manage6 ment Account of the Director of Central Intelligence for

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

8 amounts authorized, funds identified in the classified

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

10 for the Advanced Research and Development Committee

11 and the Environmental Task Force shall remain avail12 able until September 30, 1996.

13 (b) AUTHORIZED PERSONNEL LEVELS.—The Com14 munity Management Account of the Director of Central

15 Intelligence is authorized 209 full-time personnel as of

16 September 30, 1995. Such personnel of the Community

17 Management Account may be permanent employees of the

18 Community Management Account or personnel detailed

19 from other elements of the United States Government.

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

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

22 the Armed Forces who is detailed to the Community Man23 agement Staff from another element of the United States

24 Government shall be detailed on a reimbursable basis, ex25 cept that any such officer, employee or member may be
4

HR 4299 EH

1 detailed on a nonreimbursable basis for a period of less

2 than one year for the performance of temporary functions

3 as required by the Director of Central Intelligence.

4 TITLE II—CENTRAL INTEL5 LIGENCE AGENCY RETIRE6 MENT AND DISABILITY SYS7 TEM

8 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

9 There is authorized to be appropriated for the

10 Central Intelligence Agency Retirement and Disability

11 Fund for fiscal year 1995 the sum of $198,000,000.

12 TITLE III—GENERAL

13 PROVISIONS

14 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

15 BENEFITS AUTHORIZED BY LAW.

16 Appropriations authorized by this Act for salary, pay,

17 retirement, and other benefits for Federal employees may

18 be increased by such additional or supplemental amounts

19 as may be necessary for increases in such compensation

20 or benefits authorized by law.

21 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

22 ACTIVITIES.

23 The authorization of appropriations by this Act shall

24 not be deemed to constitute authority for the conduct of
5

HR 4299 EH

1 any intelligence activity which is not otherwise authorized

2 by the Constitution or laws of the United States.

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

4 PRODUCTS.

5 (a) SENSE OF CONGRESS.—It is the sense of the Con6 gress that, to the greatest extent practicable, all equip7 ment and products purchased with funds made available

8 in this Act should be American-made.

9 (b) NOTICE REQUIREMENT.—In providing financial

10 assistance to, or entering into any contract with, any en11 tity using funds made available in this Act, the head of

12 each agency of the Federal or District of Columbia govern13 ment, to the greatest extent practicable, shall provide to

14 such entity a notice describing the statement made in sub15 section (a) by the Congress.

16 SEC. 304. DISCLOSURE OF CLASSIFIED INFORMATION BY

17 MEMBERS OF CONGRESS.

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

19 States Government for which funds are authorized in this

20 Act may provide any classified information concerning or

21 derived from the intelligence or intelligence related activi22 ties of any such element to a Member of the House of

23 Representatives unless and until a copy of the following

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

25 been published in the Congressional Record.
6

HR 4299 EH

1 ‘‘I do solemnly swear that I will not willfully di2 rectly or indirectly disclose to any unauthorized per3 son any classified information received from any de4 partment of the Government funded in the Intel5 ligence Authorization Act for Fiscal Year 1995 in

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

7 States House of Representatives, except pursuant to

8 the Rules and Procedures of the House.’’.

9 SEC. 305. DISCLOSURE OF CLASSIFIED INFORMATION BY

10 MEMBERS OF CONGRESS AND EXECUTIVE

11 BRANCH OFFICERS AND EMPLOYEES.

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

13 States Government for which funds are authorized in this

14 Act may provide any classified information concerning or

15 derived from the intelligence or intelligence-related activi16 ties of such element to a Member of Congress or to an

17 officer or employee of the executive branch of the United

18 States Government unless and until a copy of the following

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

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

21 in an appropriate manner, in the Congressional Record:

22 ‘‘I do solemnly swear that I will not willfully di23 rectly or indirectly disclose to any unauthorized per24 son any classified information received from any de25 partment of the Government funded in the Intel-
7

HR 4299 EH

1 ligence Authorization Act for Fiscal Year 1995 in

2 the course of my duties as a Member of Congress

3 (except pursuant to the rules and procedures of the

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

5 or employee in the executive branch of the Govern6 ment, as the case may be.’’.

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

8 means a Member of the Senate or a Representative in,

9 or a Delegate or Resident Commissioner to, the House of

10 Representatives.

11 TITLE IV—CENTRAL

12 INTELLIGENCE AGENCY

13 SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITALIZA14 TION.

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

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

17 (1) in subparagraph (A)—

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

19 habits, intemperance, or misconduct on his

20 part,’’;

21 (B) by striking ‘‘he shall deem’’ and in22 serting ‘‘the Director deems’’;

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

24 March 3, 1933 (47 Stat. 1516; 5 U.S.C. 73b)’’
8

HR 4299 EH

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

2 States Code’’;

3 (D) by striking ‘‘his recovery’’ and insert4 ing ‘‘the recovery of such officer or employee’’;

5 and

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

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

8 such officer or employee’’;

9 (2) in subparagraph (B), by striking ‘‘his opin10 ion’’ both places it appears and inserting ‘‘the opin11 ion of the Director’’; and

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

13 result of vicious habits, intemperance, or misconduct

14 on his part,’’.

15 TITLE V—DEPARTMENT OF DE16 FENSE INTELLIGENCE AC17 TIVITIES

18 SEC. 501. CENTRAL IMAGERY OFFICE CIVILIAN PERSONNEL

19 MANAGEMENT.

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

21 United States Code, is amended as follows:

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

23 read as follows:
9

HR 4299 EH

1 ‘‘CHAPTER 83—DEFENSE INTELLIGENCE

2 AGENCY AND CENTRAL IMAGERY OF3 FICE CIVILIAN PERSONNEL’’.

4 (2) In section 1601—

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

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

7 subsection (a);

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

9 Office’’ after ‘‘outside the Defense Intelligence

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

11 Office,’’ after ‘‘to the Defense Intelligence

12 Agency’’ in subsection (d); and

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

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

15 subsection (e).

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

17 Imagery Office’’ after ‘‘Defense Intelligence Agen18 cy’’.

19 (4) In section 1604—

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

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

22 subsection (a)(1);

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

24 Office’’ after ‘‘Defense Intelligence Agency’’ in
10

HR 4299 EH

1 both places it occurs in the second sentence of

2 subsection (b);

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

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

5 subsection (c);

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

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

8 subsection (d);

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

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

11 subsection (e)(1); and

12 (F) in subsection (e)(3)—

13 (i) by amending the first sentence to

14 read as follows: ‘‘The Secretary of Defense

15 may delegate authority under this sub16 section only to the Deputy Secretary of

17 Defense, the Director of the Defense Intel18 ligence Agency, the Director of the Central

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

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

21 ‘‘any’’.

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

23 relating to chapter 83 in the tables of chapters at the be24 ginning of subtitle A, and at the beginning of part II of
11

HR 4299 EH

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

2 to read as follows:

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

3 (c) CHAPTER 23 OF TITLE 5.—Section

4 2302(a)(2)(C)(ii) of title 5, United States Code, is amend5 ed by inserting ‘‘the Central Imagery Office,’’ after ‘‘De6 fense Intelligence Agency,’’.

7 (d) CHAPTER 31 OF TITLE 5.—Section

8 3132(a)(1)(B) of title 5, United States Code, is amended

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

10 Intelligence Agency,’’.

11 (e) CHAPTER 43 OF TITLE 5.—Section

12 4301(1)(B)(ii) of title 5, United States Code, is amended

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

14 Intelligence Agency,’’.

15 (f) CHAPTER 47 OF TITLE 5.—Section

16 4701(a)(1)(B) of title 5, United States Code, is amended

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

18 Intelligence Agency,’’.

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

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

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

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

23 (x) and inserting ‘‘; or’’; and

24 (3) by adding at the end the following:
12

HR 4299 EH

1 ‘‘(xi) the Central Imagery Office, Depart2 ment of Defense.’’.

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

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

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

6 (J);

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

8 end of subparagraph (K); and

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

10 ‘‘(L) the Central Imagery Office, Depart11 ment of Defense;’’.

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

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

14 amended—

15 (A) by striking ‘‘and’’ at the end of subpara16 graph (D);

17 (B) by redesignating subparagraph (E) as sub18 paragraph (F); and

19 (C) by inserting after subparagraph (D) the fol20 lowing new subparagraph (E):

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

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

23 (A) by striking ‘‘and’’ at the end of subpara24 graph (D);
13

HR 4299 EH

1 (B) by redesignating subparagraph (E) as sub2 paragraph (F);

3 (C) by inserting after subparagraph (D) the fol4 lowing new subparagraph (E):

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

6 Office, the Director of the Central Imagery Of7 fice; and’’; and

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

9 subparagraph (B) of this paragraph, by striking

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

11 (1)(F)’’ both places it appears.

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

13 title 5, United States Code, is amended—

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

15 (F);

16 (2) by inserting ‘‘or’’ at the end of subpara17 graph (G); and

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

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

20 (k) CHAPTER 73 OF TITLE 5.—Section

21 7323(b)(2)(B)(i) of title 5, United States Code, is

22 amended—

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

24 (XI); and

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

HR 4299 EH

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

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

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

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

5 Agency,’’.

6 (m) ETHICS IN GOVERNMENT ACT OF 1978.—Sec7 tion 105(a)(1) of the Ethics in Government Act of 1978

8 (5 U.S.C. App.) is amended by inserting ‘‘the Central Im9 agery Office,’’ after ‘‘Defense Intelligence Agency,’’.

10 (n) EMPLOYEE POLYGRAPH PROTECTION ACT OF

11 1988.—Section 7(b)(2)(A)(i) of the Employee Polygraph

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

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

14 ‘‘Defense Intelligence Agency,’’.

15 SEC. 502. DISCLOSURE OF GOVERNMENTAL AFFILIATION

16 BY DEPARTMENT OF DEFENSE INTEL17 LIGENCE PERSONNEL OUTSIDE OF THE UNIT18 ED STATES.

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

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

21 thereof the following new section:
15

HR 4299 EH

1 ‘‘§ 426. Disclosure of governmental affiliation by De2 partment of Defense intelligence person3 nel outside the United States

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

5 other provision of law, Department of Defense intelligence

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

7 to give notice of governmental affiliation to potential Unit8 ed States person sources during the initial assessment

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

10 States’ includes the Commonwealth of Puerto Rico, the

11 Commonwealth of the Northern Mariana Islands, and any

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

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

14 for subchapter I of such chapter is amended by adding

15 at the end thereof the following new item:

‘‘426. Disclosure of governmental affiliation by Department of Defense intelligence personnel outside the United States.’’.

16 TITLE VI—INSPECTORS

17 GENERAL

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

19 (a) DIA.—

20 (1) PURPOSES.—The purposes of this sub21 section are to—

22 (A) create an objective and effective office,

23 appropriately accountable to the Congress, to

24 initiate and conduct independently inspections,
16

HR 4299 EH

1 investigations, and audits relating to programs

2 and operations of the Defense Intelligence

3 Agency;

4 (B) provide leadership and recommend

5 policies designed to promote economy, effi6 ciency, and effectiveness in the administration

7 of such programs and operations, and detect

8 fraud and abuse in such programs and oper9 ations;

10 (C) provide a means for keeping the Direc11 tor of the Defense Intelligence Agency fully and

12 currently informed about problems and defi13 ciencies relating to the administration of such

14 programs and operations, and the necessity for

15 and the progress of corrective actions; and

16 (D) in the manner prescribed by the

17 amendments made by this subsection, ensure

18 that the Senate Select Committee on Intel19 ligence and the House Permanent Select Com20 mittee on Intelligence are kept similarly in21 formed of significant problems and deficiencies

22 as well as the necessity for and the progress of

23 corrective actions.
17

HR 4299 EH

1 (2) ESTABLISHMENT OF OFFICE OF INSPECTOR

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

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

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

5 ‘‘the United States International Trade Com6 mission,’’ the following: ‘‘the Defense Intel7 ligence Agency,’’; and

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

9 ‘‘(i)(1) The Inspector General of the Defense Intel10 ligence Agency shall be appointed by the Director of the

11 Defense Intelligence Agency (in this subsection referred

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

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

14 standards of the Defense Intelligence Agency, and prior

15 experience in the field of foreign intelligence and in a Fed16 eral office of Inspector General.

17 ‘‘(2)(A) Notwithstanding the second sentence of sec18 tion 8G(d), the Director may prohibit the Inspector Gen19 eral of the Defense Intelligence Agency from initiating,

20 carrying out, or completing any audit, inspection, or inves21 tigation if the Director determines that such prohibition

22 is necessary to protect vital national security interests of

23 the United States.

24 ‘‘(B) If the Director exercises any power under sub25 paragraph (A), the Director shall submit an appropriately
18

HR 4299 EH

1 classified statement of the reasons for the exercise of such

2 power within 7 days to the intelligence committees. The

3 Director shall advise the Inspector General at the time

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

5 with the protection of intelligence sources and methods,

6 provide the Inspector General with a copy of any such re7 port. In such cases, the Inspector General may submit

8 such comments to the intelligence committees that the Di9 rector considers appropriate.

10 ‘‘(3) The Inspector General of the Defense Intel11 ligence Agency shall take due regard for the protection

12 of intelligence sources and methods in the preparation of

13 all reports issued by the Office of Inspector General of

14 the Defense Intelligence Agency, and, to the extent con15 sistent with the purpose and objective of such reports, take

16 such measures as may be appropriate to minimize the dis17 closure of intelligence sources and methods described in

18 such reports.

19 ‘‘(4)(A) The Inspector General of the Defense Intel20 ligence Agency shall, not later than January 31 and July

21 31 of each year, prepare and submit to the Director a clas22 sified semiannual report summarizing the activities of the

23 Office of Inspector General of the Defense Intelligence

24 Agency during the immediately preceding 6-month period

25 ending December 31 (of the preceding year) and June 30,
19

HR 4299 EH

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

2 the Director shall transmit such reports to the intelligence

3 committees with any comments the Director may deem ap4 propriate. Such reports shall, at a minimum, include a list

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

6 audit conducted during the reporting period and—

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

8 abuses, and deficiencies relating to the administra9 tion of programs and operations of the Defense In10 telligence Agency identified by the Office during the

11 reporting period;

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

13 corrective action made by the Office during the re14 porting period with respect to significant problems,

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

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

17 has been completed on each significant recommenda18 tion described in previous semiannual reports, and,

19 in a case where corrective action has been com20 pleted, a description of such corrective action;

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

22 has had full and direct access to all information rel23 evant to the performance of the functions of the In24 spector General;
20

HR 4299 EH

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

2 the reporting period where the Inspector General

3 could not obtain documentary evidence relevant to

4 any inspection, audit, or investigation due to the

5 lack of authority to subpoena such information; and

6 ‘‘(vi) such recommendations as the Inspector

7 General may wish to make concerning legislation to

8 promote economy and efficiency in the administra9 tion of programs and operations undertaken by the

10 Defense Intelligence Agency, and to detect and

11 eliminate fraud and abuse in such programs and op12 erations.

13 ‘‘(B) The Inspector General of the Defense Intel14 ligence Agency shall report immediately to the Director

15 whenever the Inspector General becomes aware of particu16 larly serious or flagrant problems, abuses, or deficiencies

17 relating to the administration of programs or operations.

18 The Director shall transmit such report to the intelligence

19 committees within 7 calendar days, together with any com20 ments the Director considers appropriate.

21 ‘‘(C) In the event that—

22 ‘‘(i) the Inspector General of the Defense Intel23 ligence Agency is unable to resolve any differences

24 with the Director affecting the execution of the In25 spector General’s duties or responsibilities; or
21

HR 4299 EH

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

2 possible alternatives, is unable to obtain significant

3 documentary information in the course of an inves4 tigation, inspection, or audit,

5 the Inspector General shall immediately report such mat6 ter to the intelligence committees.

7 ‘‘(D) Section 5 shall not apply to the Inspector Gen8 eral and the Office of Inspector General of the Defense

9 Intelligence Agency.

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

11 Director, the Inspector General of the Defense Intelligence

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

13 employees as may be necessary to carry out the functions

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

15 Inspector General shall ensure that such officers and em16 ployees have the requisite training and experience to en17 able the Inspector General to carry out the duties of the

18 Inspector General effectively. In this regard, the Inspector

19 General shall create within the organization of the Inspec20 tor General a career cadre of sufficient size to provide ap21 propriate continuity and objectivity needed for the effec22 tive performance of the duties of the Inspector General.

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

24 included in the National Foreign Intelligence Program
22

HR 4299 EH

1 budget a separate account for the Office of Inspector Gen2 eral of the Defense Intelligence Agency.

3 ‘‘(7) In this subsection, the term ‘intelligence commit4 tees’ means the Permanent Select Committee on Intel5 ligence of the House of Representatives and the Select

6 Committee on Intelligence of the Senate.’’.

7 (3) IMPLEMENTATION.—The Director of the

8 Defense Intelligence Agency shall, by not later than

9 60 days after the date of the enactment of this Act

10 and in accordance with the amendments made by

11 this subsection—

12 (A) establish the Office of Inspector Gen13 eral of the Defense Intelligence Agency;

14 (B) appoint the Inspector General of the

15 Defense Intelligence Agency; and

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

17 Defense Intelligence Agency on the day before

18 the date of the enactment of this Act known as

19 the ‘‘Office of Inspector General’’.

20 (4) TRANSFER OF RESOURCES OF EXISTING OF21 FICE.—The personnel, assets, liabilities, contracts,

22 property, records, and unexpended balances of ap23 propriations, authorizations, allocations, and other

24 funds employed, held, used, arising from, or avail25 able to the office in the Defense Intelligence Agency
23

HR 4299 EH

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

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

3 hereby transferred to the Office of Inspector General

4 of the Defense Intelligence Agency established under

5 the amendments made by this subsection.

6 (5) TERMINATION OF EXISTING OFFICE.—The

7 office in the Defense Intelligence Agency on the day

8 before the date of the enactment of this Act known

9 as ‘‘Office of Inspector General’’ is terminated effec10 tive on the date of the establishment of the Office

11 of Inspector General of the Defense Intelligence

12 Agency pursuant to the amendments made by this

13 subsection.

14 (6) CONFORMING AMENDMENT.—The first sec15 tion 8G of the Inspector General Act of 1978 (5

16 U.S.C. App.) is amended in subsection (c) by strik17 ing ‘‘subsection (f)’’ and inserting ‘‘subsections (f)

18 and (i)’’.

19 (7) REPORTS TO INTELLIGENCE COMMIT20 TEES.—

21 (A) REPORTING REQUIREMENT.—Sub22 chapter I of chapter 21 of title 10, United

23 States Code, is amended after section 426, as

24 added by section 502 of this Act, by inserting

25 the following new section:
24

HR 4299 EH

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

2 General of the Defense Intelligence

3 Agency

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

5 the Defense Intelligence Agency shall submit to the intel6 ligence committees any report or findings and rec7 ommendations of an inspection, investigation, or audit

8 conducted by the Office of Inspector General of the De9 fense Intelligence Agency which has been requested by the

10 Chairman or Ranking Minority Member of either of the

11 intelligence committees.

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

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

14 Permanent Select Committee on Intelligence of the House

15 of Representatives and the Select Committee on Intel16 ligence of the Senate.’’.

17 (B) CLERICAL AMENDMENT.—The analysis

18 at the beginning of subchapter I of chapter 23

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

20 adding at the end the following:

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

Intelligence Agency.’’.

21 (b) NSA.—

22 (1) PURPOSES.—The purposes of this sub23 section are to—
25

HR 4299 EH

1 (A) create an objective and effective office,

2 appropriately accountable to Congress, to initi3 ate and conduct independently inspections, in4 vestigations, and audits relating to programs

5 and operations of the National Security Agency;

6 (B) provide leadership and recommend

7 policies designed to promote economy, effi8 ciency, and effectiveness in the administration

9 of such programs and operations, and detect

10 fraud and abuse in such programs and oper11 ations;

12 (C) provide a means for keeping the Direc13 tor of the National Security Agency fully and

14 currently informed about problems and defi15 ciencies relating to the administration of such

16 programs and operations, and the necessity for

17 and the progress of corrective actions; and

18 (D) in the manner prescribed by the

19 amendments made by this subsection, ensure

20 that the Senate Select Committee on Intel21 ligence and the House Permanent Select Com22 mittee on Intelligence are kept similarly in23 formed of significant problems and deficiencies

24 as well as the necessity for and the progress of

25 corrective actions.
26

HR 4299 EH

1 (2) ESTABLISHMENT OF OFFICE OF INSPECTOR

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

3 amended—

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

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

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

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

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

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

10 following:

11 ‘‘(j)(1) The Inspector General of the National Secu12 rity Agency shall be appointed by the Director of the Na13 tional Security Agency (in this subsection referred to as

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

15 on the basis of integrity, compliance with the security

16 standards of the National Security Agency, and prior ex17 perience in the field of foreign intelligence and in a Fed18 eral office of Inspector General.

19 ‘‘(2)(A) Notwithstanding the second sentence of sec20 tion 8G(d), the Director may prohibit the Inspector Gen21 eral of the National Security Agency from initiating, car22 rying out, or completing any audit, inspection, or inves23 tigation if the Director determines that such prohibition

24 is necessary to protect vital national security interests of

25 the United States.
27

HR 4299 EH

1 ‘‘(B) If the Director exercises any power under sub2 paragraph (A), the Director shall submit an appropriately

3 classified statement of the reasons for the exercise of such

4 power within 7 days to the intelligence committees. The

5 Director shall advise the Inspector General at the time

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

7 with the protection of intelligence sources and methods,

8 provide the Inspector General with a copy of any such re9 port. In such cases, the Inspector General may submit

10 such comments to the intelligence committees that the Di11 rector considers appropriate.

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

13 Agency shall take due regard for the protection of intel14 ligence sources and methods in the preparation of all re15 ports issued by the Office of Inspector General of the Na16 tional Security Agency, and, to the extent consistent with

17 the purpose and objective of such reports, take such meas18 ures as may be appropriate to minimize the disclosure of

19 intelligence sources and methods described in such re20 ports.

21 ‘‘(4)(A) The Inspector General of the National Secu22 rity Agency shall, not later than January 31 and July 31

23 of each year, prepare and submit to the Director a classi24 fied semiannual report summarizing the activities of the

25 Office of Inspector General of the National Security Agen-
28

HR 4299 EH

1 cy during the immediately preceding 6-month period end2 ing December 31 (of the preceding year) and June 30,

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

4 the Director shall transmit such reports to the intelligence

5 committees with any comments the Director may deem ap6 propriate. Such reports shall, at a minimum, include a list

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

8 audit conducted during the reporting period and—

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

10 abuses, and deficiencies relating to the administra11 tion of programs and operations of the National Se12 curity Agency identified by the Office during the re13 porting period;

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

15 corrective action made by the Office during the re16 porting period with respect to significant problems,

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

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

19 has been completed on each significant recommenda20 tion described in previous semiannual reports, and,

21 in a case where corrective action has been com22 pleted, a description of such corrective action;

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

24 has had full and direct access to all information rel-
29

HR 4299 EH

1 evant to the performance of the functions of the In2 spector General;

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

4 the reporting period where the Inspector General

5 could not obtain documentary evidence relevant to

6 any inspection, audit, or investigation due to the

7 lack of authority to subpoena such information; and

8 ‘‘(vi) such recommendations as the Inspector

9 General may wish to make concerning legislation to

10 promote economy and efficiency in the administra11 tion of programs and operations undertaken by the

12 National Security Agency, and to detect and elimi13 nate fraud and abuse in such programs and oper14 ations.

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

16 Agency shall report immediately to the Director whenever

17 the Inspector General becomes aware of particularly seri18 ous or flagrant problems, abuses, or deficiencies relating

19 to the administration of programs or operations. The Di20 rector shall transmit such report to the intelligence com21 mittees within 7 calendar days, together with any com22 ments the Director considers appropriate.

23 ‘‘(C) In the event that—

24 ‘‘(i) the Inspector General of the National Secu25 rity Agency is unable to resolve any differences with
30

HR 4299 EH

1 the Director affecting the execution of the Inspector

2 General’s duties or responsibilities; or

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

4 possible alternatives, is unable to obtain significant

5 documentary information in the course of an inves6 tigation, inspection, or audit,

7 the Inspector General shall immediately report such mat8 ter to the intelligence committees.

9 ‘‘(D) Section 5 shall not apply to the Inspector Gen10 eral and the Office of Inspector General of the National

11 Security Agency.

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

13 Director, the Inspector General of the National Security

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

15 employees as may be necessary to carry out the functions

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

17 Inspector General shall ensure that such officers and em18 ployees have the requisite training and experience to en19 able the Inspector General to carry out the duties of the

20 Inspector General effectively. In this regard, the Inspector

21 General shall create within the organization of the Inspec22 tor General a career cadre of sufficient size to provide ap23 propriate continuity and objectivity needed for the effec24 tive performance of the duties of the Inspector General.
31

HR 4299 EH

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

2 included in the National Foreign Intelligence Program

3 budget a separate account for the Office of Inspector Gen4 eral of the National Security Agency.

5 ‘‘(7) In this subsection, the term ‘intelligence commit6 tees’ means the Permanent Select Committee on Intel7 ligence of the House of Representatives and the Select

8 Committee on Intelligence of the Senate.’’.

9 (3) IMPLEMENTATION.—The Director of the

10 National Security Agency shall, by not later than 60

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

12 in accordance with the amendments made by this

13 subsection—

14 (A) establish the Office of Inspector Gen15 eral of the National Security Agency;

16 (B) appoint the Inspector General of the

17 National Security Agency; and

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

19 National Security Agency on the day before the

20 date of the enactment of this Act known as the

21 ‘‘Office of Inspector General’’.

22 (4) TRANSFER OF RESOURCES OF EXISTING OF23 FICE.—The personnel, assets, liabilities, contracts,

24 property, records, and unexpended balances of ap25 propriations, authorizations, allocations, and other
32

HR 4299 EH

1 funds employed, held, used, arising from, or avail2 able to the office in the National Security Agency on

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

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

5 transferred to the Office of Inspector General of the

6 National Security Agency established under the

7 amendments made by this subsection.

8 (5) TERMINATION OF EXISTING OFFICE.—The

9 office in the National Security Agency on the day

10 before the date of the enactment of this Act known

11 as ‘‘Office of Inspector General’’ is terminated effec12 tive on the date of the establishment of the Office

13 of Inspector General of the National Security Agen14 cy pursuant to the amendments made by this sub15 section.

16 (6) CONFORMING AMENDMENTS.—The first sec17 tion 8G of the Inspector General Act of 1978 (5

18 U.S.C. App.) is amended in subsection (c), as

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

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

21 ‘‘subsections (f), (i), and (j)’’.

22 (7) REPORTS TO INTELLIGENCE COMMIT23 TEES.—The National Security Agency Act of 1959

24 (50 U.S.C. 402 note) is amended by adding at the

25 end the following:
33

HR 4299 EH

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

2 Agency shall submit to the intelligence committees any re3 port or findings and recommendations of an inspection,

4 investigation, or audit conducted by the Office of Inspector

5 General of the National Security Agency which has been

6 requested by the Chairman or Ranking Minority Member

7 of either of the intelligence committees.

8 ‘‘(b) In this section, the term ‘intelligence commit9 tees’ means the Permanent Select Committee on Intel10 ligence of the House of Representatives and the Select

11 Committee on Intelligence of the Senate.’’.

12 (8) RELATIONSHIP OF INSPECTOR GENERAL OF

13 DEPARTMENT OF DEFENSE TO THOSE OF DIA AND

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

15 1978 (5 U.S.C. App.) is amended by adding at the

16 end the following:

17 ‘‘(h)(1) The Inspector General of the Department of

18 Defense shall not have any authority to conduct any activ19 ity with respect to any matter that the Secretary of De20 fense determines relates solely to the Defense Intelligence

21 Agency or the National Security Agency.

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

23 Defense Intelligence Agency or the National Security

24 Agency, the Inspector General of the Department of De25 fense may provide to the Inspector General making the
34

HR 4299 EH

1 request such resources (including personnel) as are appro2 priate to enable that Inspector General to carry out activi3 ties authorized by this Act.’’.

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

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

6 (1) in subsection (b)(1)—

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

8 inserting ‘‘foreign intelligence and in a Federal

9 office of Inspector General.’’;

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

11 (C) by striking the period at the end there12 of and inserting ‘‘, or auditing.’’;

13 (2) in subsection (c)(1), by striking ‘‘to con14 duct’’ and inserting ‘‘to plan, conduct’’;

15 (3) in subsection (d)(1)—

16 (A) by striking ‘‘June 30 and December

17 31’’ and inserting ‘‘January 31 and July 31’’;

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

19 first sentence and inserting ‘‘periods ending De20 cember 31 (of the preceding year) and June 30,

21 respectively.’’; and

22 (C) by inserting ‘‘of receipt of such re23 ports’’ after ‘‘thirty days’’;

24 (4) in subsection (d)(3)(C), by inserting ‘‘in25 spection, or audit,’’ after ‘‘investigation,’’;
35

HR 4299 EH

1 (5) in subsection (d)(4), by inserting ‘‘or find2 ings and recommendations’’ after ‘‘report’’; and

3 (6) in subsection (e)(6)—

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

5 that’’; and

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

7 ‘‘shall’’.

8 TITLE VII—CLASSIFICATION

9 MANAGEMENT

10 SEC. 701. DECLASSIFICATION PLAN.

11 Each agency of the National Foreign Intelligence

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

13 in the security, countermeasures, and related activities

14 structural category for fiscal year 1995 shall allocate at

15 least two percent of their total expenditure in this struc16 tural category for fiscal year 1995 to the classification

17 management consolidated expenditure center, to be used

18 for the following activities:

19 (1) Development of a phased plan to implement

20 declassification guidelines contained in the executive

21 order which replaces Executive Order 12356. Each

22 such agency shall provide the plan to Congress with23 in 90 days after the beginning of fiscal year 1995

24 or 90 days after the publication of such replacement

25 executive order, whichever is later. This plan shall
36

HR 4299 EH

1 include an accounting of the amount of archived ma2 terial, levels of classification, types of storage media

3 and locations, review methods to be employed, and

4 estimated costs of the declassification activity itself;

5 as well as an assessment by the agency of the appro6 priate types and amounts of information to be main7 tained in the future, how it will be stored, safe8 guarded, and reviewed, and the projected costs of

9 these classification management activities for the

10 succeeding five years.

11 (2) Commencement of the process of declas12 sification and reduction of the amount of archived

13 classified documents maintained by each agency.

14 (3) Submission of a report to the Permanent

15 Select Committee on Intelligence of the House of

16 Representatives and the Select Committee on Intel17 ligence of the Senate within 90 days after the end

18 of fiscal year 1995 on the progress made in carrying

19 out paragraph (2), with reference to the plan re20 quired by paragraph (1).

21 SEC. 702. CLASSIFICATION AND DECLASSIFICATION OF IN22 FORMATION.

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

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

25 and issue an executive order for its implementation, which
37

HR 4299 EH

1 provides for the classification and declassification of infor2 mation. It is the sense of Congress that the plan should

3 provide for the following:

4 (1) A test for the classification of information

5 which balances the public’s right to know against

6 identifiable harm to the national security which will

7 result from public disclosure.

8 (2) A narrow definition of the categories of in9 formation subject to classification to avoid excessive

10 classification.

11 (3) Classification periods of reasonably short

12 duration, and a determination of the date when or

13 event upon which declassification of such informa14 tion shall occur, with a recognition that extension of

15 such period may be required in certain cir16 cumstances.

17 (4) Automatic declassification at the expiration

18 of the classification period.

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

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

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

22 which such plan and proposed regulation is submitted to

23 the Permanent Select Committee on Intelligence and the

24 Committee on Government Operations of the House of

25 Representatives and the Select Committee on Intelligence
38

HR 4299 EH

1 and the Committee on Governmental Affairs of the Sen2 ate.

3 SEC. 703. REPORT CONCERNING THE COST OF CLASSIFICA4 TION.

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

6 of this Act, the Director of Central Intelligence shall sub7 mit to the Permanent Select Committee on Intelligence of

8 the House of Representatives and the Select Committee

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

10 unclassified form) which identifies the following:

11 (1) The cost of classifying documents and keep12 ing information classified by each agency within the

13 intelligence community.

14 (2) The number of personnel within each such

15 agency assigned to classifying documents and keep16 ing information classified.

17 (3) A plan to reduce expenditures for

18 classifying information and for keeping information

19 classified, which shall include specific expenditure re20 duction goals for fiscal year 1995 for each such

21 agency.
39

HR 4299 EH

1 TITLE VIII—

2 COUNTERINTELLIGENCE

3 SEC. 801. ACCESS TO CLASSIFIED INFORMATION.

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

5 1947 (50 U.S.C. 401 et seq.) is amended by adding at

6 the end thereof the following new title:

7 ‘‘TITLE VIII—ACCESS TO CLASSIFIED

8 INFORMATION

9 ‘‘RULE OF APPLICATION

10 ‘‘SEC. 801. The President and Vice President, Mem11 bers of the Congress (including any Resident Commis12 sioner and Delegate to the House of Representatives),

13 Justices of the Supreme Court, and Federal judges ap14 pointed by the President shall, by virtue of their elected

15 or appointed positions, be entitled to access to classified

16 information needed for the performance of their govern17 mental functions without regard to the other provisions

18 of this title.

19 ‘‘REGULATIONS

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

21 after enactment of this title, direct the issuance of a regu22 lation to implement this title.

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

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

25 which the regulation is submitted to the Congress.
40

HR 4299 EH

1 ‘‘CONSENT FOR ACCESS TO FINANCIAL INFORMATION

2 ‘‘SEC. 803. Except as may be provided for in the reg3 ulation issued under section 802 of this title, after such

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

5 classified information by any department, agency, or office

6 of the executive branch unless such person has provided

7 consent in accordance with this section. Such consent shall

8 be provided to the investigative agency responsible for con9 ducting the security investigation of such person, or in the

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

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

12 such employee. Such consent shall be provided during the

13 initial background investigation, for such times as access

14 to such information is maintained, and for three years

15 thereafter. Such consent shall permit access to—

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

17 or financial institution;

18 ‘‘(2) consumer reports held by a consumer cred19 it reporting agency; and

20 ‘‘(3) records maintained by commercial entities

21 within the United States pertaining to any travel by

22 the person outside the United States.

23 ‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES

24 ‘‘SEC. 804. (a)(1) Any authorized investigative agen25 cy may request from any financial agency, financial insti26 tution, or consumer credit reporting agency such financial
41

HR 4299 EH

1 records and consumer reports as are necessary in order

2 to conduct any authorized law enforcement investigation,

3 foreign counterintelligence inquiry, or security determina4 tion. Any authorized investigative agency may also request

5 records maintained by any commercial entity within the

6 United States pertaining to travel by a person outside the

7 United States.

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

9 where—

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

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

12 of access to classified information, to provide con13 sent, during a background investigation, for such

14 time as access to the information is maintained, and

15 for three years thereafter, permitting access to fi16 nancial records, other financial information,

17 consumer reports, and travel records; and

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

19 based upon specific and articulable facts available to

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

21 information in an unauthorized manner to a foreign

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

23 of any background investigation or reinvestigation,

24 an issue of otherwise unexplained affluence or exces25 sive indebtedness arises.
42

HR 4299 EH

1 ‘‘(3) Each such request shall—

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

3 signed by the department or agency head or deputy

4 department or agency head concerned and shall cer5 tify that—

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

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

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

9 an authorized inquiry or investigation and is

10 authorized under this section; and

11 ‘‘(iii) the records or information to be re12 viewed are records or information which the

13 employee has previously agreed to make avail14 able to the authorized investigative agency for

15 review;

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

17 to in subparagraph (A)(iii);

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

19 records or information to be reviewed; and

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

21 prohibition described in subsection (b).

22 ‘‘(4) The authorized investigative agency shall

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

24 under this section relating to a background investigation
43

HR 4299 EH

1 or reinvestigation for records, reports, or other informa2 tion.

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

6 entity, may disclose to any person, other than those offi7 cers, employees, or agents of such entity necessary to sat8 isfy a request made under this section, that such entity

9 has received or satisfied a request made by an authorized

10 investigative agency under this section.

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

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

13 an entity receiving a request for records or information

14 under subsection (a) shall, if the request satisfies the re15 quirements of this section, make available such records or

16 information within 30 days for inspection or copying, as

17 may be appropriate, by the agency requesting such records

18 or information.

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 disclo24 sure to any person under this title, the constitution of any
44

HR 4299 EH

1 State, or any law or regulation of any State or any politi2 cal subdivision 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, reproduc8 ing, 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

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

14 to the Department of Justice for law enforcement or for15 eign counterintelligence purposes, or, with respect to dis16 semination to an agency of the United States, only if such

17 information is clearly relevant to the authorized respon18 sibilities of such agency relating to security determina19 tions, law enforcement, 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;
45

HR 4299 EH

1 ‘‘(2) any actual damages sustained by the per2 son as a result of the disclosure;

3 ‘‘(3) if the violation is found to have been will4 ful or intentional, such punitive damages as the

5 court 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

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

13 et 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 Con20 gress, the Office of Technology Assessment, the

21 Congressional Budget Office, and the Copyright

22 Royalty Tribunal;

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

24 means—

25 ‘‘(A) an agency authorized by law or regu26 lation to conduct foreign counterintelligence in-
46

HR 4299 EH

1 vestigations or investigations of persons who

2 are proposed for access to classified information

3 to ascertain whether such persons satisfy the

4 criteria for obtaining and retaining access to

5 such information;

6 ‘‘(B) in the case of the House of Rep7 resentatives, an agency designated by the

8 Speaker of the House;

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

10 designated by the President pro tempore of the

11 Senate;

12 ‘‘(D) in the case of an agency of the legis13 lative branch, an agency designated by the head

14 of such agency; and

15 ‘‘(E) in the case of the judiciary, an agen16 cy designated by the Director of the Adminis17 trative Office of the United States Courts,

18 under the direction of the Chief Justice of the

19 United States;

20 ‘‘(3) the term ‘classified information’ means

21 any information that has been determined pursuant

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

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

24 to require protection against unauthorized disclosure

25 and that is so designated;
47

HR 4299 EH

1 ‘‘(4) the term ‘consumer credit reporting agen2 cy’ has the meaning given such term in section 603

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

4 1681a));

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

6 who receives a salary or compensation of any kind

7 from the United States Government, is a contractor

8 of the United States Government or an employee

9 thereof, is an unpaid consultant of the United States

10 Government, or otherwise acts for or on behalf of

11 the United States Government;

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

13 branch’ means an individual (other than a Member

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

15 Congress) whose salary is paid by—

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

17 Financial Services of the House of Representa18 tives;

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

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

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

22 institution’ have the meaning given such terms in

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

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

25 United States, the District of Columbia, the Com-
48

HR 4299 EH

1 monwealth of Puerto Rico, the Trust Territory of

2 the Pacific Islands, and any territory or possession

3 of the United States.

4 ‘‘EFFECTIVE DATE

5 ‘‘SEC. 806. This title shall take effect upon the issu6 ance of a final regulation pursuant to section 802.’’.

7 (b) CONFORMING AMENDMENT.—The table of con8 tents of the National Security Act of 1947 is amended

9 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.’’.

10 SEC. 802. REWARDS FOR INFORMATION CONCERNING ESPI11 ONAGE.

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

13 States Code, is amended—

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

15 and

16 (2) by adding at the end the following new sub17 section:

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

19 directed at the United States, the Attorney General may

20 reward any individual who furnishes information—
49

HR 4299 EH

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

4 States;

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

6 country, of any individual or individuals for conspir7 ing or attempting to commit an act of espionage

8 against the United States; or

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

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

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

12 amended—

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

14 (6);

15 (2) by striking the period at the end of para16 graph (7) and inserting ‘‘; and’’; and

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

18 paragraph:

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

20 a violation of—

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

22 United States Code; or

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

24 Control Act of 1950.’’.
50

HR 4299 EH

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

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

3 title 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

5 amended 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

12 the following new section:

13 ‘‘§ 3239. Espionage and related offenses not commit14 ted in any district

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

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

17 of 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

21 Subversive Activities Control Act of 1950,

22 begun or committed upon the high seas or elsewhere out

23 of the jurisdiction of any particular State or district, may
51

HR 4299 EH

1 be in the District of Columbia or in any other district au2 thorized by law.’’.

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

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

5 the 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 follow10 ing new subsection:

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

12 section shall forfeit to the United States irrespective of

13 any 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 com19 mit, or to facilitate the commission of, such viola20 tion.

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

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

23 that the defendant forfeit to the United States all property

24 described in paragraph (1).
52

HR 4299 EH

1 ‘‘(3) Except as provided in paragraph (4), the provi2 sions of subsections (b), (c), and (e) through (p) of section

3 413 of the Comprehensive Drug Abuse Prevention and

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

5 shall apply to—

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

7 subsection;

8 ‘‘(B) any seizure or disposition of such prop9 erty; and

10 ‘‘(C) any administrative or judicial proceeding

11 in relation to such property,

12 if not inconsistent with this subsection.

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

14 shall be deposited in the Crime Victims Fund in the Treas15 ury all amounts from the forfeiture of property under this

16 subsection remaining after the payment of expenses for

17 forfeiture and sale authorized by law.

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

19 means any State of the United States, the District of Co20 lumbia, the Commonwealth of Puerto Rico, the Trust Ter21 ritory of the Pacific Islands, and any territory or posses22 sion of the United States.’’.

23 (b) AMENDMENTS FOR CONSISTENCY IN APPLICA24 TION OF FORFEITURE UNDER TITLE 18.—(1) Section

25 793(h)(3) of such title is amended in the matter preceding
53

HR 4299 EH

1 subparagraph (A) by striking out ‘‘(o)’’ each place it ap2 pears and inserting in lieu thereof ‘‘(p)’’.

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

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

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

6 (c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Sec7 tion 4 of the Subversive Activities Control Act of 1950

8 (50 U.S.C. 783) is amended by adding at the end the fol9 lowing new subsection:

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

11 section shall forfeit to the United States irrespective of

12 any provision of State law—

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

14 any proceeds the person obtained, directly or indi15 rectly, as the result of such violation; and

16 ‘‘(B) any of the person’s property used, or in17 tended to be used, in any manner or part, to com18 mit, or to facilitate the commission of, such viola19 tion.

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
54

HR 4299 EH

1 413 of the Comprehensive Drug Abuse Prevention and

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

3 shall apply to—

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

5 subsection;

6 ‘‘(B) any seizure or disposition of such prop7 erty; 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

15 forfeiture and sale authorized by law.

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

17 means any State of the United States, the District of Co18 lumbia, the Commonwealth of Puerto Rico, the Trust Ter19 ritory of the Pacific Islands, and any territory or posses20 sion of the United States.’’.
55

HR 4299 EH

1 SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PER2 SONS CONVICTED OF ESPIONAGE IN FOR3 EIGN COURTS INVOLVING UNITED STATES IN4 FORMATION.

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

6 amended by adding at the end thereof the following new

7 subsection:

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

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

10 is established if the Attorney General of the United States

11 certifies to the agency administering the annuity or retired

12 pay concerned—

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

14 has been convicted by an impartial court of appro15 priate jurisdiction within a foreign country in cir16 cumstances in which the conduct violates the provi17 sions of law enumerated in subsections (b)(1) and

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

19 conduct taken place within the United States, and

20 that such conviction is not being appealed or that

21 final action has been taken on such appeal;

22 ‘‘(B) that such conviction was obtained in ac23 cordance with procedures that provided the defend24 ant due process rights comparable to such rights

25 provided by the United States Constitution, and

26 such conviction was based upon evidence which
56

HR 4299 EH

1 would have been admissible in the courts of the

2 United States; and

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

4 date of enactment of this subsection.

5 ‘‘(2) Any certification made pursuant to this sub6 section shall be subject to review by the United States

7 Court of Claims based upon the application of the individ8 ual concerned, or his or her attorney, alleging that any

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

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

11 have not been satisfied in his or her particular cir12 cumstances. Should the court determine that any of these

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

14 shall order any annuity or retirement benefit to which the

15 person concerned is entitled to be restored and shall order

16 that any payments which may have been previously denied

17 or withheld to be paid by the department or agency con18 cerned.’’.

19 SEC. 806. POST EMPLOYMENT ASSISTANCE FOR CIVILIAN

20 PERSONNEL WITHIN THE INTELLIGENCE

21 COMPONENTS OF THE DEPARTMENT OF DE22 FENSE.

23 (a) CONSOLIDATION OF AUTHORITY.—
57

HR 4299 EH

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

2 United States Code, is amended by adding at the

3 end the following:

4 ‘‘§ 1599. Post employment assistance regarding cer5 tain civilian intelligence personnel

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

7 Secretary of Defense may use appropriated funds to assist

8 a civilian employee who has been in a sensitive position

9 in an intelligence agency or component of the Department

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

11 access to Sensitive Compartmented Information and em12 ployment with the intelligence agency or component, or

13 whose employment with the intelligence agency or compo14 nent has been terminated—

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

16 employment;

17 ‘‘(2) in receiving treatment of medical or psy18 chological disabilities; and

19 ‘‘(3) in providing necessary financial support

20 during periods of unemployment.

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

22 only if the Secretary determines that such assistance is

23 essential to maintain the judgment and emotional stability

24 of such employee and avoid circumstances that might lead

25 to the unlawful disclosure of classified information to
58

HR 4299 EH

1 which such employee had access. Assistance provided

2 under this section for an employee shall not be provided

3 any longer than five years after the termination of the em4 ployment of the employee.

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

6 manner determined by the Secretary to appropriate, dele7 gate the authority to provide assistance under this section.

8 ‘‘(d) The Secretary shall report annually to the Com9 mittees on Appropriations of the Senate and House of

10 Representatives, the Select Committee on Intelligence of

11 the Senate, and the Permanent Select Committee on Intel12 ligence of the House of Representatives with respect to

13 any expenditure made pursuant to this section.

14 ‘‘(e) For the purposes of this section, the term ‘intel15 ligence agency or component’ means the National Security

16 Agency, the Defense Intelligence Agency, the National Re17 connaissance Office, the Central Imagery Office, and the

18 intelligence components of the military departments.’’.

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

20 is amended by adding after the item relating to section

21 1598 the following new item:

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

22 (b) REPEAL OF DUPLICATIVE AUTHORITY.—
59

HR 4299 EH

1 (1) DEFENSE INTELLIGENCE AGENCY.—Para2 graph (4) of Section 1604(e) of title 10, United

3 States Code, is repealed.

4 (2) NATIONAL SECURITY AGENCY.—Section 17

5 of the National Security Agency Act of 1959 (50

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

7 (c) SAVINGS PROVISION.—The repeals made by sub8 section (b) do not affect rights and duties that matured

9 before the date of enactment of this section.

10 TITLE IX—INTERDICTION OF

11 AERIAL DRUG TRAFFICKING

12 SEC. 901. POLICY OF THE UNITED STATES.

13 It is the policy of the United States to provide intel14 ligence assistance to foreign governments to support ef15 forts by them to interdict aerial drug trafficking. The

16 United States does not condone the intentional damage

17 or destruction of aircraft in violation of international law,

18 and provides assistance to foreign governments for pur19 poses other than facilitating the intentional damage or de20 struction of aircraft in violation of international law.

21 SEC. 902. SENSE OF CONGRESS.

22 The Congress urges the President to review in light

23 of this title all interpretations within the Executive branch

24 of law relevant to the provision of assistance to foreign

25 governments for aerial drug interdiction, with an eye to
60

HR 4299 EH

1 affirming that continued provision by the United States

2 of such assistance conforms fully with United States and

3 international law.

Passed the House of Representatives July 20, 1994.

Attest:

Clerk.

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