In the Senate of the United States,

September 29 (legislative day, September 25), 1995.

Resolved, That the bill from the House of Representatives (H.R. 1655) entitled ‘‘An Act to authorize appropriations for fiscal year 1996 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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That this Act may be cited as the ‘‘Intelligence Authoriza2 tion Act for Fiscal Year 1996’’.

3 TITLE I—INTELLIGENCE

4 ACTIVITIES

5 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

6 Funds are authorized to be appropriated for fiscal year

7 1996 for thehe conduct of the intelligence and intelligence8 related activities of the following elements of the United

9 States Government:
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1 (1) The Central Intelligence Agency.

2 (2) The Department of Defense.

3 (3) The Defense Intelligence Agency.

4 (4) The National Security Agency.

5 (5) The Department of the Army, the Depart6 ment of the Navy, and the Department of the Air

7 Force.

8 (6) The Department of State.

9 (7) The Department of Treasury.

10 (8) The Department of Energy.

11 (9) The Federal Bureau of Investigation.

12 (10) The Drug Enforcement Administration.

13 (11) The National Reconnaissance Office.

14 (12) The Central Imagery Office.

15 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

16 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

17 CEILINGS.—The amounts authorized to be appropriated

18 under section 101, and the authorized personnel ceilings as

19 of September 30, 1996, for the conduct of the elements listed

20 in such section, are those specified in the classified Schedule

21 of Authorizations prepared by the Committee of Conference

22 to accompany ( ) of the One Hundred and Fourth Con23 gress.

24 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU25 THORIZATIONS.—The Schedule of Authorizations shall be
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1 made available to the Committee on Appropriations of the

2 Senate and House of Representatives and to the President.

3 The President shall provide for suitable distribution of the

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

5 the Executive Branch.

6 (c) SCOPE OF SCHEDULE.—For fiscal year 1996, the

7 Schedule of Authorizations referred to in subsections (a)

8 and (b) does not include the Schedule of Authorizations for

9 the Joint Military Intelligence Programs (JMIP).

10 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

11 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap12 proval of the Director of the Office of Management and

13 Budget, the Director of Central Intelligence may authorize

14 employment of civilian personnel in excess of the number

15 authorized for fiscal year 1996 under section 102 of this

16 Act when the Director determines that such action is nec17 essary to the performance of important intelligence func18 tions, except that the number of personnel employed in ex19 cess of the number authorized under such section may not,

20 for any element of the intelligence community (as defined

21 in section 3(4) of the National Security Act of 1947 (50

22 U.S.C. 401(4)), exceed 2 percent of the number of civilian

23 personnel authorized under such section for such element.

24 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di25 rector of Central Intelligence shall notify the Permanent Se-
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1 lect Committee on Intelligence of the House of Representa2 tives and the Select Committee on Intelligence of the Senate

3 prior to exercising the authority granted by this section.

4 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC5 COUNT.

6 (a) AUTHORIZATION OF APPROPRIATIONS.—(1) There

7 is authorized to be appropriated for the Intelligence Com8 munity Management Account of the Director of Central In9 telligence for fiscal year 1996 the sum of $98,283,000.

10 (2) Funds made available under paragraph (1) for the

11 Advanced Research and Development Committee and the

12 Environmental Task Force shall remain available until

13 September 30, 1997.

14 (b) AUTHORIZED PERSONNEL LEVELS.—The Commu15 nity Management Staff of the Director of Central Intel16 ligence is authorized 247 full-time personnel as of Septem17 ber 30, 1996. Such personnel of the Community Manage18 ment Staff may be permanent employees of the Community

19 Management Staff or personnel detailed from other elements

20 of the United States Government.

21 (c) REIMBURSEMENT.—During the fiscal year 1996,

22 any officer or employee of the United States or any member

23 of the Armed Forces who is detailed to the Community

24 Management Staff from another element of the United

25 States Government shall be detailed on a reimbursable
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1 basis, except that any such officer, employee, or member

2 may be detailed on a nonreimbursable basis for a period

3 of less than one year for the performance of temporary func4 tions as required by the Director of Central Intelligence.

5 TITLE II—CENTRAL INTEL6 LIGENCE AGENCY RETIRE7 MENT AND DISABILITY SYS8 TEM

9 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

10 There is authorized to be appropriated for the Central

11 Intelligence Agency Retirement and Disability Fund for fis12 cal year 1996 the sum of $213,900,000.

13 TITLE III—GENERAL

14 PROVISIONS

15 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

16 BENEFITS AUTHORIZED BY LAW.

17 Appropriations authorized by this Act for salary, pay,

18 retirement, and other benefits for Federal employees may

19 be increased by such additional or supplemental amounts

20 as may be necessary for increases in such compensation or

21 benefits authorized by law.

22 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

23 ACTIVITIES.

24 The authorization of appropriations by this Act shall

25 not be deemed to constitute authority for the conduct of any
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1 intelligence activity which is not otherwise authorized by

2 the Constitution or the laws of the United States.

3 SEC. 303. APPLICATION OF SANCTIONS TO INTELLIGENCE

4 ACTIVITIES.

5 The National Security Act of 1947 (50 U.S.C.401 et

6 seq.) is amended by adding at the end thereof the following

7 new title:

8 ‘‘TITLE VIII—APPLICATION OF

9 SANCTIONS LAWS TO INTEL10 LIGENCE ACTIVITIES

11 ‘‘SEC. 801. DELAY OF SANCTIONS.

12 ‘‘Notwithstanding any other provision of law, the

13 President may delay the imposition of a sanction related

14 to the proliferation of weapons of mass destruction, their

15 delivery systems, or advanced conventional weapons when

16 he determines that to proceed without delay would seriously

17 risk the compromise of a sensitive intelligence source or

18 method or an ongoing criminal investigation. The President

19 shall terminate any such delay as soon as it is no longer

20 necessary to that purpose.

21 ‘‘SEC. 802. REPORTS.

22 ‘‘Whenever the President makes the determination re23 quired pursuant to section 801, the President shall prompt24 ly report to the Select Committee on Intelligence of the Sen25 ate and the Permanent Select Committee on Intelligence of
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1 the House of Representatives the rationale and cir2 cumstances that led the President to exercise the authority

3 under section 801 with respect to an intelligence source or

4 method, and to the Judiciary Committees of the Senate and

5 the House of Representatives the rationale and cir6 cumstances that led the President to exercise the authority

7 under section 801 with respect to an ongoing criminal in8 vestigation. Such report shall include a description of the

9 efforts being made to implement the sanctions as soon as

10 possible and an estimate of the date on which the sanctions

11 will become effective.’’.

12 SEC. 304. THRIFT SAVINGS PLAN FORFEITURE.

13 (a) IN GENERAL.—Section 8432(g) of title 5, United

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

15 new paragraph:

16 ‘‘(5) Notwithstanding any other provision of law,

17 contributions made by the Government for the benefit

18 of an employee under subsection (c), and all earnings

19 attributable to such contributions, shall be forfeited if

20 the employee’s annuity, or that of a survivor or bene21 ficiary, is forfeited pursuant to subchapter II of chap22 ter 83 of this title.’’.

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall apply to offenses upon which the requisite
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1 annuity forfeitures are based occurring on or after the date

2 of enactment of this Act.

3 SEC. 305. AUTHORITY TO RESTORE SPOUSAL PENSION BEN4 EFITS TO SPOUSES WHO COOPERATE IN

5 CRIMINAL INVESTIGATIONS AND PRE6 CAUTIONS FOR NATIONAL SECURITY OF7 FENSES.

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

9 by adding at the end the following new subsection:

10 ‘‘(e) Notwithstanding any other provision of law, the

11 spouse of an employee whose annuity or retired pay is for12 feited under this section or section 8313 after the enactment

13 of this subsection shall be eligible for spousal pension bene14 fits if the Attorney General determines that the spouse fully

15 cooperated with Federal authorities in the conduct of a

16 criminal investigation and subsequent prosecution of the

17 employee.’’.

18 SEC. 306. AMENDMENT TO THE HATCH ACT REFORM

19 AMENDMENTS OF 1993.

20 Section 7325 of title 5, United States Code, is amended

21 by adding after ‘‘section 7323(a)’’ the following: ‘‘and para22 graph (2) of section 7323(b)’’.

23 SEC. 307. REPORT ON PERSONNEL POLICIES.

24 (a) REPORT REQUIRED.—Not later than three months

25 after the date of enactment of this Act, the Director of
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1 Central Intelligence shall submit to the intelligence commit2 tees of Congress a report describing personnel procedures,

3 and recommending necessary legislation, to provide for

4 mandatory retirement for expiration of time in class, com5 parable to the applicable provisions of section 607 of the

6 Foreign Service Act of 1980 (22 U.S.C. 4007), and termi7 nation based on relative performance, comparable to section

8 608 of the Foreign Service Act of 1980 (22 U.S.C. 4008),

9 and to provide for other personnel review systems, for all

10 civilian employees of the Central Intelligence Agency, the

11 National Security Agency, the Defense Intelligence Agency,

12 and the intelligence elements of the Army, Navy, Air Force,

13 and Marine Corps. The report shall also contain a descrip14 tion and analysis of voluntary separation incentive propos15 als, including a waiver of the two-percent penalty reduction

16 for early retirement.

17 (b) COORDINATION.—The preparation of the report re18 quired by subsection (a) shall be coordinated as appropriate

19 with elements of the intelligence community (as defined in

20 section 3(4) of the National Security Act of 1947 (50 U.S.C.

21 401(4)).

22 (c) DEFINITION.—As used in this section, the term ‘‘in23 telligence committees of Congress’’ means the Select Com24 mittee on Intelligence of the Senate and the Permanent Se-
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1 lect Committee on Intelligence of the House of Representa2 tives.

3 SEC. 308. ASSISTANCE TO FOREIGN COUNTRIES.

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, funds authorized to be appropriated by this

6 Act may be used to provide assistance to a foreign country

7 for counterterrorism efforts if—

8 (1) such assistance is provided for the purpose of

9 protecting the property of the United States Govern10 ment or the life and property of any United States

11 citizen, or furthering the apprehension of any indi12 vidual involved in any act of terrorism against such

13 property or persons; and

14 (2) the appropriate committees of Congress are

15 notified not later than 15 days prior to the provision

16 of such assistance.

17 (b) DEFINITION.—As used in this section, the term

18 ‘‘appropriate congressional committees’’ means the Select

19 Committee on Intelligence of the Senate and the Permanent

20 Select Committee on Intelligence of the House of Represent21 atives.
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1 SEC. 309. REDUCTION IN AMOUNTS AUTHORIZED TO BE AP2 PROPRIATED FOR THE NATIONAL RECON3 NAISSANCE OFFICE FOR FISCAL YEAR 1996.

4 The total amount authorized to be appropriated for fis5 cal year 1996 for the National Reconnaissance Office

6 (NRO) shall be reduced by an amount equal to the amount

7 by which appropriations for the Department of Defense for

8 fiscal year 1996 are reduced to reflect the availability of

9 funds appropriated prior to fiscal year 1996 that have ac10 cumulated in the carry forward accounts for that Office.

11 SEC. 310. FINANCIAL MANAGEMENT OF THE NATIONAL RE12 CONNAISSANCE OFFICE.

13 (a) LIMITATION.—No funds are authorized to be car14 ried over into fiscal year 1997 or subsequent years for the

15 programs, projects, and activities of the National Recon16 naissance Office in excess of the amount necessary to pro17 vide for the ongoing mission of the NRO for one month.

18 (b) MANAGEMENT REVIEW.—(1) The Inspector Gen19 eral for the Central Intelligence Agency and the Inspector

20 General of the Department of Defense shall jointly under21 take a comprehensive review of the financial management

22 of the National Reconnaissance Office to evaluate the effec23 tiveness of policies and internal controls over the budget of

24 the National Reconnaissance Office, including the use of

25 forward funding, to ensure that National Reconnaissance

26 Office funds are used in accordance with the policies of the
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1 Director of Central Intelligence and the Department of De2 fense, the guidelines of the National Reconnaissance Office,

3 and congressional direction.

4 (2) The review required by paragraph (1) shall—

5 (A) determine the quality of the development and

6 implementation of the budget process within the Na7 tional Reconnaissance Office at both the comptroller

8 and directorate level;

9 (B) assess the advantages and disadvantages of

10 the use of incremental versus full funding for con11 tracts entered into by the National Reconnaissance

12 Office;

13 (C) assess the advantages and disadvantages of

14 the National Reconnaissance Office’s use of forward

15 funding;

16 (D) determine how the National Reconnaissance

17 Office defines, identifies, and justifies forward fund18 ing requirements;

19 (E) determine how the National Reconnaissance

20 Office tracks and manages forward funding;

21 (F) determine how the National Reconnaissance

22 Office plans to comply with congressional direction

23 regarding forward funding;

24 (G) determine whether or not a contract entered

25 into by the National Reconnaissance Office has ever
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1 encountered a contingency which required the utiliza2 tion of more than 30 days of forward funding;

3 (H) consider the proposal by the Director of

4 Central Intelligence for the establishment of a position

5 of a Chief Financial Officer, and assess how the func6 tions to be performed by that officer would enhance

7 the financial management of the National Reconnais8 sance Office; and

9 (I) make recommendations, as appropriate, to

10 improve control and management of the budget proc11 ess of the National Reconnaissance Office.

12 (3) The President shall submit a report to the appro13 priate committees of the Congress setting forth the findings

14 of the review required by paragraph (1) not later than 90

15 days after the date of enactment of this Act, with an interim

16 report provided to those committees not later than 45 days

17 after the date of enactment of this Act.

18 (c) REPORT.—(1) Not later than January 30, 1996,

19 the President shall submit a report to the appropriate com20 mittees of the Congress on a proposal to subject the budget

21 of the intelligence community to greater oversight by the

22 Executive branch of Government.

23 (2) Such report shall include inter alia—

24 (A) consideration of establishing by statute a fi25 nancial control officer for the National Reconnais-
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1 sance Office, other elements of the intelligence commu2 nity, and for the intelligence community as a whole;

3 and

4 (B) recommendations for procedures to be used

5 by the Office of Management and Budget for review

6 of the budget of the National Reconnaissance Office.

7 (d) DEFINITIONS.—As used in this section:

8 (1) INTELLIGENCE COMMUNITY.—The term ‘‘in9 telligence community’’ has the meaning given to the

10 term in section 3(4) of the National Security Act of

11 1947 (50 U.S.C. 401a(4)).

12 TITLE IV—CENTRAL

13 INTELLIGENCE AGENCY

14 SEC. 401. EXTENSION OF THE CENTRAL INTELLIGENCE

15 AGENCY VOLUNTARY SEPARATION PAY ACT.

16 (a) EXTENSION OF AUTHORITY.—Section 2(f) of the

17 Central Intelligence Agency Voluntary Separation Pay Act

18 (50 U.S.C. 403–4(f)) is amended by striking ‘‘September

19 30, 1997’’ and inserting ‘‘September 30, 1999’’.

20 (b) REMITTANCE OF FUNDS.—Section 2 of the Central

21 Intelligence Agency Voluntary Separation Pay Act (50

22 U.S.C. 403–4) is amended by inserting at the end the fol23 lowing new subsection:

24 ‘‘(i) REMITTANCE OF FUNDS.—The Director shall

25 remit to the Office of Personnel Management for deposit in
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1 the Treasury of the United States to the credit of the Civil

2 Service Retirement and Disability Fund (in addition to

3 any other payments which the Director is required to make

4 under subchapter III of chapter 83 and subchapter II of

5 chapter 84 of title 5, United States Code), an amount equal

6 to 15 percent of the final basic pay of each employee who,

7 in fiscal year 1998 or fiscal year 1999, retires voluntarily

8 under section 8336, 8412, or 8414 of such title or resigns

9 and to whom a voluntary separation incentive payment has

10 been or is to be paid under this section.

11 SEC. 402. VOLUNTEER SERVICE PROGRAM.

12 The Central Intelligence Agency Act of 1949 (50 U.S.C.

13 403a et seq.) is amended by adding at the end of the follow14 ing new section:

15 ‘‘SEC. 20. VOLUNTEER SERVICE PROGRAM.

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

17 Director of Central Intelligence is authorized to establish

18 and maintain a program during fiscal years 1996 through

19 2001 to utilize the services contributed by not more than

20 50 retired annuitants who serve without compensation as

21 volunteers in aid of the review by the Central Intelligence

22 Agency for declassification or downgrading of classified in23 formation under applicable Executive Orders covering the

24 classification and declassification of national security in25 formation and Public Law 102–526.
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1 ‘‘(b) The Agency is authorized to use sums made avail2 able to the Agency by appropriations or otherwise for pay3 ing the costs incidental to the utilization of services contrib4 uted by individuals who serve without compensation as vol5 unteers in aid of the review by the Agency of classified in6 formation, including, but not limited to, the costs of train7 ing, transportation, lodging, subsistence, equipment, and

8 supplies. Agency officials may authorize either direct pro9 curement of, or reimbursement for, expenses incidental to

10 the effective use of volunteers, except that provision for such

11 expenses or services shall be in accordance with volunteer

12 agreements made with such individuals and that such sums

13 may not exceed $100,000.

14 ‘‘(c) Notwithstanding the provision of any other law,

15 individuals who volunteer to provide services to the Agency

16 under this section shall be covered by and subject to the

17 provisions of—

18 ‘‘(1) the Federal Employees Compensation Act;

19 and

20 ‘‘(2) chapter 11 of title 18, United States Code,

21 as if they were employees or special Government employees

22 depending upon the days of expected service at the time they

23 begin their volunteer service.’’.
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1 SEC. 403. AUTHORITIES OF THE INSPECTOR GENERAL OF

2 THE CENTRAL INTELLIGENCE AGENCY.

3 (a) REPORTS BY THE INSPECTOR GENERAL.—Section

4 17(b)(5) of the Central Intelligence Act of 1949 (50 U.S.C.

5 403q) is amended to read as follows:

6 ‘‘(5) In accordance with section 535 of title 28,

7 United States Code, the Inspector General shall report

8 to the Attorney General any information, allegation,

9 or complaint received by the Inspector General relat10 ing to violations of Federal criminal law that involve

11 a program or operation of the Agency, consistent with

12 such guidelines as may be issued by the Attorney

13 General pursuant to paragraph (2). A copy of all

14 such reports shall be furnished to the Director.’’.

15 (b) EXCEPTION TO NONDISCLOSURE REQUIREMENT.—

16 Section 17(e)(3)(A) of such Act is amended by inserting

17 after ‘‘investigation’’ the following: ‘‘or the disclosure is

18 made to an official of the Department of Justice responsible

19 for determining whether a prosecution should be under20 taken’’.

21 SEC. 404. REPORT ON LIAISON RELATIONSHIPS.

22 (a) ANNUAL REPORT.—Section 502 of the National Se23 curity Act of 1947 (50 U.S.C. 413a) is amended—

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

25 (1);
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1 (2) by striking the period at the end of para2 graph (2) and inserting ‘‘; and’’; and

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

4 ‘‘(3) annually submit to the intelligence commit5 tees a report describing all liaison relationships for

6 the preceding year, including—

7 ‘‘(A) the names of the governments and en8 tities;

9 ‘‘(B) the purpose of each relationship;

10 ‘‘(C) the resources dedicated (including per11 sonnel, funds, and materiel);

12 ‘‘(D) a description of the intelligence pro13 vided and received, including any reports on

14 human rights violations; and

15 ‘‘(E) any significant changes anticipated.’’.

16 (b) DEFINITION.—Section 606 of such Act is amended

17 by adding at the end the following:

18 ‘‘(11) The term ‘liaison’ means any govern19 mental entity or individual with whom an intel20 ligence agency has established a relationship for the

21 purpose of obtaining information.’’.
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1 TITLE V—DEPARTMENT OF DE2 FENSE INTELLIGENCE ACTIVI3 TIES

4 SEC. 501. COMPARABLE OVERSEAS BENEFITS AND ALLOW5 ANCES FOR CIVILIAN AND MILITARY PERSON6 NEL ASSIGNED TO THE DEFENSE INTEL7 LIGENCE AGENCY.

8 (a) TITLE 10.—Title 10, United States Code, is

9 amended—

10 (1) in section 1605(a), by striking ‘‘and’’ after

11 ‘‘Defense Attache Offices’’ and inserting ‘‘or’’; and

12 (2) in section 1605(a), by inserting ‘‘, and De13 fense Intelligence Agency employees assigned to duty

14 outside the United States,’’ after ‘‘outside the United

15 States,’’.

16 (b) TITLE 37.—Title 37, United States Code, is

17 amended—

18 (1) in section 431(a), by striking ‘‘and’’ after

19 ‘‘Defense Attache Offices’’ and inserting ‘‘or’’; and

20 (2) in section 431(a), by inserting ‘‘, and mem21 bers of the armed forces assigned to the Defense Intel22 ligence Agency and engaged in intelligence related du23 ties outside the United States,’’ after ‘‘outside the

24 United States’’.
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1 SEC. 502. AUTHORITY TO CONDUCT COMMERCIAL ACTIVI2 TIES NECESSARY TO PROVIDE SECURITY FOR

3 AUTHORIZED INTELLIGENCE COLLECTION

4 ACTIVITIES ABROAD.

5 Section 431(a) of title 10, United States Code, is

6 amended by striking ‘‘1995’’ and inserting ‘‘2001’’.

7 SEC. 503. MILITARY DEPARTMENTS’ CIVILIAN INTEL8 LIGENCE PERSONNEL MANAGEMENT SYSTEM:

9 ACQUISITION OF CRITICAL SKILLS.

10 (a) ESTABLISHMENT OF TRAINING PROGRAM.—Chap11 ter 81 of title 10, United States Code, is amended by adding

12 at the end thereof the following new section:

13 ‘‘§ 1599. Financial assistance to certain employees in

14 acquisition of critical skills

15 ‘‘(a) TRAINING PROGRAM.—The Secretary of Defense

16 shall establish an undergraduate training program with re17 spect to civilian employees in the Military Departments’

18 Civilian Intelligence Personnel Management System that is

19 similar in purpose, conditions, content, and administration

20 to the program which the Secretary of Defense established

21 under section 16 of the National Security Act of 1959 (50

22 U.S.C. 402 note) for civilian employees of the National Se23 curity Agency.

24 ‘‘(b) FUNDING OF TRAINING PROGRAM.—Any pay25 ments made by the Secretary to carry out the program re26 quired to be established by subsection (a) may be made in
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1 any fiscal year only to the extent that appropriated funds

2 are available for that purpose.’’.

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

4 the beginning of that chapter is amended by adding at the

5 end thereof the following:

‘‘Sec. 1599. Financial assistance to certain employees in acquisition of critical

skills.’’.

6 SEC. 504. ENHANCEMENT OF CAPABILITIES OF CERTAIN IN7 TELLIGENCE STATIONS.

8 (a) AUTHORITY.—(1) In addition to funds otherwise

9 available for such purpose, the Secretary of the Army is

10 authorized to transfer or reprogram funds for the enhance11 ment of the capabilities of the Bad Aibling Station and the

12 Menwith Hill Station, including improvements of facility

13 infrastructure and quality of life programs at both installa14 tions.

15 (2) The authority of paragraph (1) may be exercised

16 notwithstanding any other provision of law.

17 (b) FUNDING.—Funds available for the Army for oper18 ations and maintenance for any fiscal year shall be avail19 able to carry out subsection (a).

20 (c) CONGRESSIONAL NOTIFICATION.—Whenever the

21 Secretary of the Army determines that an amount to be

22 transferred or reprogrammed under this section would cause

23 the total amounts transferred or reprogrammed in that fis24 cal year to exceed $1,000,000, the Secretary shall notify in
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1 advance the Select Committee on Intelligence, the Commit2 tee on Armed Services, and the Committee on Appropria3 tions of the Senate and the Permanent Select Committee

4 on Intelligence, the Committee on National Security, and

5 the Committee on Appropriations of the House of Rep6 resentatives and provide a justification for the increased ex7 penditure.

8 (d) STATUTORY CONSTRUCTION.—Nothing in this sec9 tion may be construed to modify or obviate existing law

10 or practice with regard to the transfer or reprogramming

11 of substantial sums of money from the Department of the

12 Army to the Bad Aibling or Menwith Hill Stations.

13 TITLE VI—FEDERAL BUREAU OF

14 INVESTIGATION

15 SEC. 601. DISCLOSURE OF INFORMATION AND CONSUMER

16 REPORTS TO FBI FOR COUNTERINTEL17 LIGENCE PURPOSES.

18 (a) IN GENERAL.—The Fair Credit Reporting Act (15

19 U.S.C. 1681 et seq.) is amended by adding after section 623,

20 the following new section:

21 ‘‘§ 624. Disclosures to FBI for counterintelligence pur22 poses

23 ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not24 withstanding section 604 or any other provision of this

25 title, a consumer reporting agency shall furnish to the Fed-
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1 eral Bureau of Investigation the names and addresses of

2 all financial institutions (as that term is defined in section

3 1101 of the Right to Financial Privacy Act of 1978) at

4 which a consumer maintains or has maintained an ac5 count, to the extent that information is in the files of the

6 agency, when presented with a written request for that in7 formation, signed by the Director of the Federal Bureau of

8 Investigation, or the Director’s designee, which certifies

9 compliance with this section. The Director or the Director’s

10 designee may make such a certification only if the Director

11 or the Director’s designee has determined in writing that—

12 ‘‘(1) such information is necessary for the con13 duct of an authorized foreign counterintelligence in14 vestigation; and

15 ‘‘(2) there are specific and articulable facts giv16 ing reason to believe that the consumer—

17 ‘‘(A) is a foreign power (as defined in sec18 tion 101 of the Foreign Intelligence Surveillance

19 Act of 1978) or a person who is not a United

20 States person (as defined in such section 101)

21 and is an official of a foreign power; or

22 ‘‘(B) is an agent of a foreign power and is

23 engaging or has engaged in an act of inter24 national terrorism (as that term is defined in

25 section 101(c) of the Foreign Intelligence Surveil-
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1 lance Act of 1978) or clandestine intelligence ac2 tivities that involve or may involve a violation

3 of criminal statutes of the United States.

4 ‘‘(b) IDENTIFYING INFORMATION.—Notwithstanding

5 the provisions of section 604 or any other provision of this

6 title, a consumer reporting agency shall furnish identifying

7 information respecting a consumer, limited to name, ad8 dress, former addresses, places of employment, or former

9 places of employment, to the Federal Bureau of Investiga10 tion when presented with a written request, signed by the

11 Director or the Director’s designee, which certifies compli12 ance with this subsection. The Director or the Director’s des13 ignee may make such a certification only if the Director

14 or the Director’s designee has determined in writing that—

15 ‘‘(1) such information is necessary to the conduct

16 of an authorized counterintelligence investigation;

17 and

18 ‘‘(2) there is information giving reason to believe

19 that the consumer has been, or is about to be, in con20 tact with a foreign power or an agent of a foreign

21 power (as defined in section 101 of the Foreign Intel22 ligence Surveillance Act of 1978).

23 ‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER

24 REPORTS.—Notwithstanding section 604 or any other pro25 vision of this title, if requested in writing by the Director
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1 of the Federal Bureau of Investigation, or a designee of the

2 Director, a court may issue an order ex parte directing a

3 consumer reporting agency to furnish a consumer report to

4 the Federal Bureau of Investigation, upon a showing in

5 camera that—

6 ‘‘(1) the consumer report is necessary for the con7 duct of an authorized foreign counterintelligence in8 vestigation; and

9 ‘‘(2) there are specific and articulable facts giv10 ing reason to believe that the consumer whose

11 consumer report is sought—

12 ‘‘(A) is an agent of a foreign power, and

13 ‘‘(B) is engaging or has engaged in an act

14 of international terrorism (as that term is de15 fined in section 101(c) of the Foreign Intelligence

16 Surveillance Act of 1978) or clandestine intel17 ligence activities that involve or may involve a

18 violation of criminal statutes of the United

19 States.

20 The terms of an order issued under this subsection shall

21 not disclose that the order is issued for purposes of a coun22 terintelligence investigation.

23 ‘‘(d) CONFIDENTIALITY.—No consumer reporting agen24 cy or officer, employee, or agent of a consumer reporting

25 agency shall disclose to any person, other than those officers,
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1 employees, or agents of a consumer reporting agency nec2 essary to fulfill the requirement to disclose information to

3 the Federal Bureau of Investigation under this section, that

4 the Federal Bureau of Investigation has sought or obtained

5 the identity of financial institutions or a consumer report

6 respecting any consumer under subsection (a), (b), or (c),

7 and no consumer reporting agency or officer, employee, or

8 agent of a consumer reporting agency shall include in any

9 consumer report any information that would indicate that

10 the Federal Bureau of Investigation has sought or obtained

11 such information or a consumer report.

12 ‘‘(e) PAYMENT OF FEES.—The Federal Bureau of In13 vestigation shall, subject to the availability of appropria14 tions, pay to the consumer reporting agency assembling or

15 providing report or information in accordance with proce16 dures established under this section a fee for reimbursement

17 for such costs as are reasonably necessary and which have

18 been directly incurred in searching, reproducing, or trans19 porting books, papers, records, or other data required or re20 quested to be produced under this section.

21 ‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bureau

22 of Investigation may not disseminate information obtained

23 pursuant to this section outside of the Federal Bureau of

24 Investigation, except to other Federal agencies as may be

25 necessary for the approval or conduct of a foreign counter-
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1 intelligence investigation, or, where the information con2 cerns a person subject to the uniform Code of Military Jus3 tice, to appropriate investigative authorities within the

4 military department concerned as may be necessary for the

5 conduct of a joint foreign counterintelligence investigation.

6 ‘‘(g) RULES OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to prohibit information from being

8 furnished by the Federal Bureau of Investigation pursuant

9 to a subpoena or court order, in connection with a judicial

10 or administrative proceeding to enforce the provisions of

11 this Act. Nothing in this section shall be construed to au12 thorize or permit the withholding of information from the

13 Congress.

14 ‘‘(h) REPORTS TO CONGRESS.—On a semiannual

15 basis, the Attorney General shall fully inform the Perma16 nent Select Committee on Intelligence and the Committee

17 on Banking, Finance and Urban Affairs of the House of

18 Representatives, and the Select Committee on Intelligence

19 and the Committee on Banking, Housing, and Urban Af20 fairs of the Senate concerning all requests made pursuant

21 to subsections (a), (b), and (c).

22 ‘‘(i) DAMAGES.—Any agency or department of the

23 United States obtaining or disclosing any consumer reports,

24 records, or information contained therein in violation of

25 this section is liable to the consumer to whom such consumer
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1 reports, records, or information relate in an amount equal

2 to the sum of—

3 ‘‘(1) $100, without regard to the volume of

4 consumer reports, records, or information involved;

5 ‘‘(2) any actual damages sustained by the

6 consumer as a result of the disclosure;

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

8 or intentional, such punitive damages as a court may

9 allow; and

10 ‘‘(4) in the case of any successful action to en11 force liability under this subsection, the costs of the

12 action, together with reasonable attorney fees, as de13 termined by the court.

14 ‘‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a

15 court determines that any agency or department of the

16 United States has violated any provision of this section and

17 the court finds that the circumstances surrounding the vio18 lation raise questions of whether or not an officer or em19 ployee of the agency or department acted willfully or inten20 tionally with respect to the violation, the agency or depart21 ment shall promptly initiate a proceeding to determine

22 whether or not disciplinary action is warranted against the

23 officer or employee who was responsible for the violation.

24 ‘‘(k) GOOD-FAITH EXCEPTION.—Notwithstanding any

25 other provision of this title, any consumer reporting agency
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1 or agent or employee thereof making disclosure of consumer

2 reports or identifying information pursuant to this sub3 section in good-faith reliance upon a certification of the

4 Federal Bureau of Investigation pursuant to provisions of

5 this section shall not be liable to any person for such disclo6 sure under this title, the constitution of any State, or any

7 law or regulation of any State or any political subdivision

8 of any State.

9 ‘‘(l) LIMITATION OF REMEDIES.—Notwithstanding

10 any other provision of this title, the remedies and sanctions

11 set forth in this section shall be the only judicial remedies

12 and sanctions for violation of this section.

13 ‘‘(m) INJUNCTIVE RELIEF.—In addition to any other

14 remedy contained in this section, injunctive relief shall be

15 available to require compliance with the procedures of this

16 section. In the event of any successful action under this sub17 section, costs together with reasonable attorney fees, as de18 termined by the court, may be recovered.’’.

19 (b) CLERICAL AMENDMENT.—The table of sections at

20 the beginning of the Fair Credit Reporting Act (15 U.S.C.

21 1681 et seq.) is amended by adding after the item relating

22 to section 624 the following:

‘‘624. Disclosures to FBI for counterintelligence purposes.’’.
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1 TITLE VII—TECHNICAL

2 CORRECTIONS

3 SEC. 701. CLARIFICATION WITH RESPECT TO PAY FOR DI4 RECTOR OR DEPUTY DIRECTOR OF CENTRAL

5 INTELLIGENCE APPOINTED FROM COMMIS6 SIONED OFFICERS OF THE ARMED FORCES.

7 Section 102(c)(3)(C) of the National Security Act of

8 1947 (50 U.S.C. 403(c)(3)(C)) is amended—

9 (1) by striking ‘‘A’’ before ‘‘commissioned’’ and

10 inserting ‘‘An active duty’’;

11 (2) by striking out ‘‘(including retired pay)’’;

12 (3) by inserting ‘‘an active duty’’ after ‘‘payable

13 to’’; and

14 (4) by striking ‘‘a’’ before ‘‘commissioned’’.

15 SEC. 702. CHANGE OF OFFICE DESIGNATION IN CIA INFOR16 MATION ACT.

17 Section 701(b)(3) of the CIA Information Act of 1984

18 (50 U.S.C. 431(b)(3)) is amended by striking ‘‘Office of Se19 curity’’ and inserting ‘‘Office of Personnel Security’’.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 1655

AMENDMENT
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