Calendar No. 126

104TH CONGRESS

1ST SESSION S. 922

[Report No. 104–97]

A BILL

To authorize appropriations for fiscal year 1996 for

System, and for other purposes.Intelligence Agency Retirement and Disabilitythe United States Government and the Centralintelligence and intelligence-related activities of

JUNE 14 (legislative day, JUNE 5), 1995

Read twice and placed on the calendar
II

Calendar No. 126

104TH CONGRESS

1ST SESSION S. 922

[Report No. 104–97]

To authorize appropriations for fiscal year 1996 for intelligence and intelligence-related activities of the United States Government and the

Central Intelligence Agency Retirement and Disability System, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 14 (legislative day, JUNE 5), 1995

Mr. SPECTER, from the Select Committee on Intelligence, reported the

following original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 1996 for intelligence and intelligence-related activities of the United

States Government 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 That this Act may be cited as the ‘‘Intelligence Authoriza4 tion Act for Fiscal Year 1996’’.
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1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are authorized to be appropriated for fiscal

5 year 1996 for the conduct of the intelligence and intel6 ligence-related activities of the following elements of the

7 United States Government:

8 (1) The Central Intelligence Agency.

9 (2) The Department of Defense.

10 (3) The Defense Intelligence Agency.

11 (4) The National Security Agency.

12 (5) The Department of the Army, the Depart13 ment of the Navy, and the Department of the Air

14 Force.

15 (6) The Department of State.

16 (7) The Department of Treasury.

17 (8) The Department of Energy.

18 (9) The Federal Bureau of Investigation.

19 (10) The Drug Enforcement Administration.

20 (11) The National Reconnaissance Office.

21 (12) The Central Imagery Office.

22 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

23 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

24 CEILINGS.—The amounts authorized to be appropriated

25 under section 101, and the authorized personnel ceilings
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1 as of September 30, 1996, for the conduct of the elements

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

3 Schedule of Authorizations prepared by the Committee of

4 Conference to accompany ( ) of the One Hundred and

5 Fourth Congress.

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

8 made available to the Committee on Appropriations of the

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

11 of the Schedule, or of appropriate portions of the Sched12 ule, within the Executive Branch.

13 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

14 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap15 proval of the Director of the Office of Management and

16 Budget, the Director of Central Intelligence may authorize

17 employment of civilian personnel in excess of the number

18 authorized for fiscal year 1996 under section 102 of this

19 Act when the Director determines that such action is nec20 essary to the performance of important intelligence func21 tions, except that the number of personnel employed in

22 excess of the number authorized under such section may

23 not, for any element of the intelligence community (as de24 fined in section 3(4) of the National Security Act of 1947

25 (50 U.S.C. 401(4)), exceed 2 percent of the number of
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1 civilian personnel authorized under such section for such

2 element.

3 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

4 Director of Central Intelligence shall notify the Permanent

5 Select Committee on Intelligence of the House of Rep6 resentatives and the Select Committee on Intelligence of

7 the Senate prior to exercising the authority granted by

8 this section.

9 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC10 COUNT.

11 (a) AUTHORIZATION OF APPROPRIATIONS.—(1)

12 There is authorized to be appropriated for the Intelligence

13 Community Management Account of the Director of

14 Central Intelligence for fiscal year 1996 the sum of

15 $98,283,000.

16 (2) Funds made available under paragraph (1) for

17 the Advanced Research and Development Committee and

18 the Environmental Task Force shall remain available until

19 September 30, 1997.

20 (b) AUTHORIZED PERSONNEL LEVELS.—The Com21 munity Management Staff of the Director of Central Intel22 ligence is authorized 247 full-time personnel as of Septem23 ber 30, 1996. Such personnel of the Community Manage24 ment Staff may be permanent employees of the Commu-
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1 nity Management Staff or personnel detailed from other

2 elements of the United States Government.

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

4 any officer or employee of the United States or any mem5 ber of the Armed Forces who is detailed to the Community

6 Management Staff from another element of the United

7 States Government shall be detailed on a reimbursable

8 basis, except that any such officer, employee, or member

9 may be detailed on a nonreimbursable basis for a period

10 of less than one year for the performance of temporary

11 functions as required by the Director of Central Intel12 ligence.

13 TITLE II—CENTRAL INTEL14 LIGENCE AGENCY RETIRE15 MENT AND DISABILITY SYS16 TEM

17 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

18 There is authorized to be appropriated for the

19 Central Intelligence Agency Retirement and Disability

20 Fund for fiscal year 1996 the sum of $213,900,000.
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1 TITLE III—GENERAL

2 PROVISIONS

3 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

4 BENEFITS AUTHORIZED BY LAW.

5 Appropriations authorized by this Act for salary, pay,

6 retirement, and other benefits for Federal employees may

7 be increased by such additional or supplemental amounts

8 as may be necessary for increases in such compensation

9 or benefits authorized by law.

10 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

11 ACTIVITIES.

12 The authorization of appropriations by this Act shall

13 not be deemed to constitute authority for the conduct of

14 any intelligence activity which is not otherwise authorized

15 by the Constitution or the laws of the United States.

16 SEC. 303. APPLICATION OF SANCTIONS TO INTELLIGENCE

17 ACTIVITIES.

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

19 seq.) is amended by adding at the end thereof the follow20 ing new title:
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1 ‘‘TITLE VIII—APPLICATION OF

2 SANCTIONS LAWS TO INTEL3 LIGENCE ACTIVITIES

4 ‘‘SEC. 801. DELAY OF SANCTIONS.

5 ‘‘Notwithstanding any other provision of law, the

6 President may delay the imposition of a sanction related

7 to the proliferation of weapons of mass destruction, their

8 delivery systems, or advanced conventional weapons when

9 he determines that to proceed without delay would seri10 ously risk the compromise of a sensitive intelligence source

11 or method or an ongoing criminal investigation. The Presi12 dent shall terminate any such delay as soon as it is no

13 longer necessary to that purpose.

14 ‘‘SEC. 802. REPORTS.

15 ‘‘Whenever the President makes the determination

16 required pursuant to section 801, the President shall

17 promptly report to the Select Committee on Intelligence

18 of the Senate and the Permanent Select Committee on In19 telligence of the House of Representatives the rationale

20 and circumstances that led the President to exercise the

21 authority under section 801 with respect to an intelligence

22 source or method, and to the Judiciary Committees of the

23 Senate and the House of Representatives the rationale and

24 circumstances that led the President to exercise the au25 thority under section 801 with respect to an ongoing
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1 criminal investigation. Such report shall include a descrip2 tion of the efforts being made to implement the sanctions

3 as soon as possible and an estimate of the date on which

4 the sanctions will become effective.’’.

5 SEC. 304. THRIFT SAVINGS PLAN FORFEITURE.

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

7 States Code, is amended by adding at the end the follow8 ing new paragraph:

9 ‘‘(5) Notwithstanding any other provision of

10 law, contributions made by the Government for the

11 benefit of an employee under subsection (c), and all

12 earnings attributable to such contributions, shall be

13 forfeited if the employee’s annuity, or that of a sur14 vivor or beneficiary, is forfeited pursuant to sub15 chapter II of chapter 83 of this title.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall apply to offenses upon which the req18 uisite annuity forfeitures are based occurring on or after

19 the date of enactment of this Act.
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1 SEC. 305. AUTHORITY TO RESTORE SPOUSAL PENSION BEN2 EFITS TO SPOUSES WHO COOPERATE IN

3 CRIMINAL INVESTIGATIONS AND PRE4 CAUTIONS FOR NATIONAL SECURITY OF5 FENSES.

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

7 amended by adding at the end the following new sub8 section:

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

10 spouse of an employee whose annuity or retired pay is for11 feited under this section or section 8313 after the enact12 ment of this subsection shall be eligible for spousal pension

13 benefits if the Attorney General determines that the

14 spouse fully cooperated with Federal authorities in the

15 conduct of a criminal investigation and subsequent pros16 ecution of the employee.’’.

17 SEC. 306. AMENDMENT TO THE HATCH ACT REFORM

18 AMENDMENTS OF 1993.

19 Section 7325 of title 5, United States Code, is

20 amended by adding after ‘‘section 7323(a)’’ the following:

21 ‘‘and paragraph (2) of section 7323(b)’’.

22 SEC. 307. REPORT ON PERSONNEL POLICIES.

23 (a) REPORT REQUIRED.—Not later than three

24 months after the date of enactment of this Act, the Direc25 tor of Central Intelligence shall submit to the intelligence

26 committees of Congress a report describing personnel pro-
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1 cedures, and recommending necessary legislation, to pro2 vide for mandatory retirement for expiration of time in

3 class, comparable to the applicable provisions of section

4 607 of the Foreign Service Act of 1980 (22 U.S.C. 4007),

5 and termination based on relative performance, com6 parable to section 608 of the Foreign Service Act of 1980

7 (22 U.S.C. 4008), for all civilian employees of the Central

8 Intelligence Agency, the National Security Agency, the

9 Defense Intelligence Agency, and the intelligence elements

10 of the Army, Navy, Air Force, and Marine Corps.

11 (b) COORDINATION.—The preparation of the report

12 required by subsection (a) shall be coordinated as appro13 priate with elements of the intelligence community (as de14 fined in section 3(4) of the National Security Act of 1947

15 (50 U.S.C. 401(4)).

16 (c) DEFINITION.—As used in this section, the term

17 ‘‘intelligence committees of Congress’’ means the Select

18 Committee on Intelligence of the Senate and the Perma19 nent Select Committee on Intelligence of the House of

20 Representatives.

21 SEC. 308. ASSISTANCE TO FOREIGN COUNTRIES.

22 (a) IN GENERAL.—Notwithstanding any other provi23 sion of law, funds authorized to be appropriated by this

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

25 for counterterrorism efforts if—
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1 (1) such assistance is provided for the purpose

2 of protecting the property of the United States Gov3 ernment or the life and property of any United

4 States citizen, or furthering the apprehension of any

5 individual involved in any act of terrorism against

6 such property or persons; and

7 (2) the appropriate committees of Congress are

8 notified not later than 15 days prior to the provision

9 of such assistance.

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

11 ‘‘appropriate congressional committees’’ means the Select

12 Committee on Intelligence of the Senate and the Perma13 nent Select Committee on Intelligence of the House of

14 Representatives.

15 TITLE IV—CENTRAL

16 INTELLIGENCE AGENCY

17 SEC. 401. EXTENSION OF THE CIA VOLUNTARY SEPARATION

18 PAY ACT.

19 Section 2(f) of the CIA Voluntary Separation Pay

20 Act is amended by striking out ‘‘September 30, 1997’’ and

21 inserting in lieu thereof ‘‘September 30, 1999’’.

22 SEC. 402. VOLUNTEER SERVICE PROGRAM.

23 The Central Intelligence Agency Act of 1949 (50

24 U.S.C. 403a et seq.) is amended by adding at the end of

25 the following new section:
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1 ‘‘SEC. 20. VOLUNTEER SERVICE PROGRAM.

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

3 Director of Central Intelligence is authorized to establish

4 and maintain a program during fiscal years 1996 through

5 2001 to utilize the services contributed by not more than

6 50 retired annuitants who serve without compensation as

7 volunteers in aid of the review by the Central Intelligence

8 Agency for declassification or downgrading of classified in9 formation under applicable Executive Orders covering the

10 classification and declassification of national security in11 formation and Public Law 102–526.

12 ‘‘(b) The Agency is authorized to use sums made

13 available to the Agency by appropriations or otherwise for

14 paying the costs incidental to the utilization of services

15 contributed by individuals who serve without compensation

16 as volunteers in aid of the review by the Agency of classi17 fied information, including, but not limited to, the costs

18 of training, transportation, lodging, subsistence, equip19 ment, and supplies. Agency officials may authorize either

20 direct procurement of, or reimbursement for, expenses in21 cidental to the effective use of volunteers, except that pro22 vision for such expenses or services shall be in accordance

23 with volunteer agreements made with such individuals and

24 that such sums may not exceed $100,000.

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

26 individuals who volunteer to provide services to the Agency
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1 under this section shall be covered by and subject to the

2 provisions of—

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

4 and

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

6 as if they were employees or special Government employ7 ees depending upon the days of expected service at the

8 time they begin their volunteer service.’’.

9 SEC. 403. AUTHORITIES OF THE INSPECTOR GENERAL OF

10 THE CENTRAL INTELLIGENCE AGENCY.

11 (a) REPORTS BY THE INSPECTOR GENERAL.—Sec12 tion 17(b)(5) of the Central Intelligence Act of 1949 (50

13 U.S.C. 403q) is amended to read as follows:

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

15 United States Code, the Inspector General shall re16 port to the Attorney General any information, alle17 gation, or complaint received by the Inspector Gen18 eral relating to violations of Federal criminal law

19 that involve a program or operation of the Agency,

20 consistent with such guidelines as may be issued by

21 the Attorney General pursuant to paragraph (2). A

22 copy of all such reports shall be furnished to the Di23 rector.’’.

24 (b) EXCEPTION TO NONDISCLOSURE REQUIRE25 MENT.—Section 17(e)(3)(A) of such Act is amended by
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1 inserting after ‘‘investigation’’ the following: ‘‘or the dis2 closure is made to an official of the Department of Justice

3 responsible for determining whether a prosecution should

4 be undertaken’’.

5 SEC. 404. REPORT ON LIAISON RELATIONSHIPS.

6 (a) ANNUAL REPORT.—Section 502 of the National

7 Security Act of 1947 (50 U.S.C. 413a) is amended—

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

9 (1);

10 (2) by striking the period at the end of para11 graph (2) and inserting ‘‘; and’’; and

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

13 ‘‘(3) annually submit to the intelligence com14 mittees a report describing all liaison relationships

15 for the preceding year, including—

16 ‘‘(A) the names of the governments and

17 entities;

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

19 ‘‘(C) the resources dedicated (including

20 personnel, funds, and materiel);

21 ‘‘(D) a description of the intelligence pro22 vided and received, including any reports on

23 human rights violations; and

24 ‘‘(E) any significant changes anticipated.’’.
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1 (b) DEFINITION.—Section 606 of such Act is amend2 ed by adding at the end the following:

3 ‘‘(11) The term ‘liaison’ means any govern4 mental entity or individual with whom an intel5 ligence agency has established a relationship for the

6 purpose of obtaining information.’’.

7 TITLE V—DEPARTMENT OF DE8 FENSE INTELLIGENCE AC9 TIVITIES

10 SEC. 501. COMPARABLE OVERSEAS BENEFITS AND ALLOW11 ANCES FOR CIVILIAN AND MILITARY PER12 SONNEL ASSIGNED TO THE DEFENSE INTEL13 LIGENCE AGENCY.

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

15 amended—

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

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

18 (2) in section 1605(a), by inserting ‘‘, and De19 fense Intelligence Agency employees assigned to duty

20 outside the United States,’’ after ‘‘outside the Unit21 ed States,’’.

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

23 amended—

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

25 ‘‘Defense Attache Offices’’ and inserting ‘‘or’’; and
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1 (2) in section 431(a), by inserting ‘‘, and mem2 bers of the armed forces assigned to the Defense In3 telligence Agency and engaged in intelligence related

4 duties outside the United States,’’ after ‘‘outside the

5 United States’’.

6 SEC. 502. AUTHORITY TO CONDUCT COMMERCIAL ACTIVI7 TIES NECESSARY TO PROVIDE SECURITY FOR

8 AUTHORIZED INTELLIGENCE COLLECTION

9 ACTIVITIES ABROAD.

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

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

12 SEC. 503. MILITARY DEPARTMENTS’ CIVILIAN INTEL13 LIGENCE PERSONNEL MANAGEMENT SYS14 TEM: ACQUISITION OF CRITICAL SKILLS.

15 (a) ESTABLISHMENT OF TRAINING PROGRAM.—

16 Chapter 81 of title 10, United States Code, is amended

17 by adding at the end thereof the following new section:

18 ‘‘§ 1599. Financial assistance to certain employees in

19 acquisition of critical skills

20 ‘‘(a) TRAINING PROGRAM.—The Secretary of De21 fense shall establish an undergraduate training program

22 with respect to civilian employees in the Military Depart23 ments’ Civilian Intelligence Personnel Management Sys24 tem that is similar in purpose, conditions, content, and

25 administration to the program which the Secretary of De-
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1 fense established under section 16 of the National Secu2 rity Act of 1959 (50 U.S.C. 402 note) for civilian employ3 ees of the National Security Agency.

4 ‘‘(b) FUNDING OF TRAINING PROGRAM.—Any pay5 ments made by the Secretary to carry out the program

6 required to be established by subsection (a) may be made

7 in any fiscal year only to the extent that appropriated

8 funds are available for that purpose.’’.

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

10 at the beginning of that chapter is amended by adding

11 at the end thereof the following:

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

skills.’’.

12 TITLE VI—FEDERAL BUREAU OF

13 INVESTIGATION

14 SEC. 601. DISCLOSURE OF INFORMATION AND CONSUMER

15 REPORTS TO FBI FOR COUNTERINTEL16 LIGENCE PURPOSES.

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

18 (15 U.S.C. 1681 et seq.) is amended by adding after sec19 tion 623, the following new section:

20 ‘‘§ 624. Disclosures to FBI for counterintelligence

21 purposes

22 ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not23 withstanding section 604 or any other provision of this

24 title, a consumer reporting agency shall furnish to the
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1 Federal Bureau of Investigation the names and addresses

2 of all financial institutions (as that term is defined in sec3 tion 1101 of the Right to Financial Privacy Act of 1978)

4 at 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

7 information, signed by the Director of the Federal Bureau

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

9 compliance with this section. The Director or the Direc10 tor’s designee may make such a certification only if the

11 Director or the Director’s designee has determined in writ12 ing that—

13 ‘‘(1) such information is necessary for the con14 duct of an authorized foreign counterintelligence in15 vestigation; and

16 ‘‘(2) there are specific and articulable facts giv17 ing reason to believe that the consumer—

18 ‘‘(A) is a foreign power (as defined in sec19 tion 101 of the Foreign Intelligence Surveil20 lance Act of 1978) or a person who is not a

21 United States person (as defined in such sec22 tion 101) and is an official of a foreign power;

23 or

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

25 engaging or has engaged in an act of inter-
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1 national terrorism (as that term is defined in

2 section 101(c) of the Foreign Intelligence Sur3 veillance Act of 1978) or clandestine intel4 ligence activities that involve or may involve a

5 violation of criminal statutes of the United

6 States.

7 ‘‘(b) IDENTIFYING INFORMATION.—Notwithstanding

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

9 title, a consumer reporting agency shall furnish identifying

10 information respecting a consumer, limited to name, ad11 dress, former addresses, places of employment, or former

12 places of employment, to the Federal Bureau of Investiga13 tion when presented with a written request, signed by the

14 Director or the Director’s designee, which certifies compli15 ance with this subsection. The Director or the Director’s

16 designee may make such a certification only if the Director

17 or the Director’s designee has determined in writing

18 that—

19 ‘‘(A) such information is necessary to the

20 conduct of an authorized counterintelligence in21 vestigation; and

22 ‘‘(B) there is information giving reason to

23 believe that the consumer has been, or is about

24 to be, in contact with a foreign power or an

25 agent of a foreign power (as defined in section
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1 101 of the Foreign Intelligence Surveillance Act

2 of 1978).

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

4 REPORTS.—Notwithstanding section 604 or any other

5 provision of this title, if requested in writing by the Direc6 tor of the Federal Bureau of Investigation, or a designee

7 of the Director, a court may issue an order ex parte direct8 ing a consumer reporting agency to furnish a consumer

9 report to the Federal Bureau of Investigation, upon a

10 showing in camera that—

11 ‘‘(1) the consumer report is necessary for the

12 conduct of an authorized foreign counterintelligence

13 investigation; and

14 ‘‘(2) there are specific and articulable facts giv15 ing reason to believe that the consumer whose

16 consumer report is sought—

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

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

19 of international terrorism (as that term is de20 fined in section 101(c) of the Foreign Intel21 ligence Surveillance Act of 1978) or clandestine

22 intelligence activities that involve or may involve

23 a violation of criminal statutes of the United

24 States.
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1 The terms of an order issued under this subsection shall

2 not disclose that the order is issued for purposes of a

3 counterintelligence investigation.

4 ‘‘(d) CONFIDENTIALITY.—No consumer reporting

5 agency or officer, employee, or agent of a consumer report6 ing agency shall disclose to any person, other than those

7 officers, employees, or agents of a consumer reporting

8 agency necessary to fulfill the requirement to disclose in9 formation to the Federal Bureau of Investigation under

10 this section, that the Federal Bureau of Investigation has

11 sought or obtained the identity of financial institutions or

12 a consumer report respecting any consumer under sub13 section (a), (b), or (c), and no consumer reporting agency

14 or officer, employee, or agent of a consumer reporting

15 agency shall include in any consumer report any informa16 tion that would indicate that the Federal Bureau of Inves17 tigation has sought or obtained such information or a

18 consumer report.

19 ‘‘(e) PAYMENT OF FEES.—The Federal Bureau of

20 Investigation shall, subject to the availability of appropria21 tions, pay to the consumer reporting agency assembling

22 or providing report or information in accordance with pro23 cedures established under this section a fee for reimburse24 ment for such costs as are reasonably necessary and which

25 have been directly incurred in searching, reproducing, or
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1 transporting books, papers, records, or other data required

2 or requested to be produced under this section.

3 ‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu4 reau of Investigation may not disseminate information ob5 tained pursuant to this section outside of the Federal Bu6 reau of Investigation, except to other Federal agencies as

7 may be necessary for the approval or conduct of a foreign

8 counterintelligence investigation, or, where the informa9 tion concerns a person subject to the uniform Code of Mili10 tary Justice, to appropriate investigative authorities with11 in the military department concerned as may be necessary

12 for the conduct of a joint foreign counterintelligence inves13 tigation.

14 ‘‘(g) RULES OF CONSTRUCTION.—Nothing in this

15 section shall be construed to prohibit information from

16 being furnished by the Federal Bureau of Investigation

17 pursuant to a subpoena or court order, in connection with

18 a judicial or administrative proceeding to enforce the pro19 visions of this Act. Nothing in this section shall be con20 strued to authorize or permit the withholding of informa21 tion from the Congress.

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

23 basis, the Attorney General shall fully inform the Perma24 nent Select Committee on Intelligence and the Committee

25 on Banking, Finance and Urban Affairs of the House of
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1 Representatives, and the Select Committee on Intelligence

2 and the Committee on Banking, Housing, and Urban Af3 fairs of the Senate concerning all requests made pursuant

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

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

6 United States obtaining or disclosing any consumer re7 ports, records, or information contained therein in viola8 tion of this section is liable to the consumer to whom such

9 consumer reports, records, or information relate in an

10 amount equal to the sum of—

11 ‘‘(1) $100, without regard to the volume of

12 consumer reports, records, or information involved;

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

14 consumer as a result of the disclosure;

15 ‘‘(3) if the violation is found to have been will16 ful or intentional, such punitive damages as a court

17 may allow; and

18 ‘‘(4) in the case of any successful action to en19 force liability under this subsection, the costs of the

20 action, together with reasonable attorney fees, as de21 termined by the court.

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

23 court determines that any agency or department of the

24 United States has violated any provision of this section

25 and the court finds that the circumstances surrounding
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1 the violation raise questions of whether or not an officer

2 or employee of the agency or department acted willfully

3 or intentionally with respect to the violation, the agency

4 or department shall promptly initiate a proceeding to de5 termine whether or not disciplinary action is warranted

6 against the officer or employee who was responsible for

7 the violation.

8 ‘‘(k) GOOD-FAITH EXCEPTION.—Notwithstanding

9 any other provision of this title, any consumer reporting

10 agency or agent or employee thereof making disclosure of

11 consumer reports or identifying information pursuant to

12 this subsection in good-faith reliance upon a certification

13 of the Federal Bureau of Investigation pursuant to provi14 sions of this section shall not be liable to any person for

15 such disclosure under this title, the constitution of any

16 State, or any law or regulation of any State or any politi17 cal subdivision of any State.

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

19 any other provision of this title, the remedies and sanc20 tions set forth in this section shall be the only judicial

21 remedies and sanctions for violation of this section.

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

23 remedy contained in this section, injunctive relief shall be

24 available to require compliance with the procedures of this

25 section. In the event of any successful action under this
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1 subsection, costs together with reasonable attorney fees,

2 as determined by the court, may be recovered.’’.

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

4 at the beginning of the Fair Credit Reporting Act (15

5 U.S.C. 1681 et seq.) is amended by adding after the item

6 relating to section 624 the following:

‘‘624. Disclosures to FBI for counterintelligence purposes.’’.

7 TITLE VII—TECHNICAL

8 CORRECTIONS

9 SEC. 701. CLARIFICATION WITH RESPECT TO PAY FOR DI10 RECTOR OR DEPUTY DIRECTOR OF CENTRAL

11 INTELLIGENCE APPOINTED FROM COMMIS12 SIONED OFFICERS OF THE ARMED FORCES.

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

14 1947 (50 U.S.C. 403(c)(3)(C)) is amended—

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

16 inserting ‘‘An active duty’’;

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

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

19 to’’; and

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

21 SEC. 702. CHANGE OF OFFICE DESIGNATION IN CIA INFOR22 MATION ACT.

23 Section 701(b)(3) of the CIA Information Act of

24 1984 (50 U.S.C. 431(b)(3)) is amended by striking ‘‘Of-
26

•S 922 PCS

1 fice of Security’’ and inserting ‘‘Office of Personnel Secu2 rity’’.

S 922 PCS——2