II

103D CONGRESS

2D SESSION S. 1866

To amend the National Security Act of 1947 to improve personnel security

measures that enhance security for classified information, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 24 (legislative day, FEBRUARY 22), 1994

Mr. METZENBAUM (for himself, Mr. SIMON, and Mr. REID) introduced the following bill; which was read twice and referred to the Select Committee

on Intelligence

A BILL

To amend the National Security Act of 1947 to improve

personnel security measures that enhance security for

classified information, 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 ‘‘Personnel Security Act

5 of 1994’’.
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1 SEC. 2. AMENDMENT TO THE NATIONAL SECURITY ACT OF

2 1947.

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

4 et seq.) is amended by inserting at the end thereof the

5 following new title:

6 ‘‘TITLE VIII—ACCESS TO TOP SECRET

7 INFORMATION

8 ‘‘ELIGIBILITY FOR ACCESS TO TOP SECRET INFORMATION

9 ‘‘SEC. 801. (a) The President and Vice President,

10 Members of the Congress, Justices of the Supreme Court

11 and judges of other courts of the United States established

12 pursuant to Article III of the Constitution, shall, by virtue

13 of their elected or appointed positions, be entitled to access

14 to Top Secret information needed for the performance of

15 their governmental functions without regard to the other

16 provisions of this title.

17 ‘‘(b) Among employees of the United States Govern18 ment, access to Top Secret information shall be limited

19 to employees who—

20 ‘‘(1) have been granted access to such informa21 tion pursuant to this title;

22 ‘‘(2) are citizens of the United States who re23 quire access to such information for the performance

24 of official governmental functions; and

25 ‘‘(3) have been determined to be trustworthy

26 based upon a background investigation and appro-
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1 priate reinvestigations and have otherwise satisfied

2 the requirements of section 802, below.

3 ‘‘(c) Access to Top Secret information by persons

4 other than those identified in subsections (a) and (b) shall

5 be permitted only in accordance with the regulations is6 sued by the President pursuant to section 802 below.

7 ‘‘IMPLEMENTING REGULATIONS

8 ‘‘SEC. 802. The President shall, within 180 days of

9 enactment of this title, issue regulations to implement this

10 title which shall be binding upon all departments, agen11 cies, and offices of the Executive branch. These regula12 tions shall, at a minimum provide that—

13 ‘‘(a) no employee of the United States Govern14 ment shall be given access to Top Secret information

15 owned, originated or possessed by United States,

16 after the effective date of this title, by any depart17 ment, agency, or entity of the United States Govern18 ment unless such person has been subject to an ap19 propriate background investigation and has—

20 ‘‘(1) provided consent to the investigative

21 agency responsible for conducting the security

22 investigation of such person, during the initial

23 background investigation and for such times as

24 access to such information is maintained, and

25 for 5 years thereafter, permitting access to—
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1 ‘‘(A) financial records concerning the

2 subject pursuant to section 1104 of the

3 Right to Financial Privacy Act of 1978;

4 ‘‘(B) consumer reports concerning the

5 subject pursuant to section 1681b of the

6 Consumer Credit Protection Act; and

7 ‘‘(C) records maintained by commer8 cial entities within the United States per9 taining to any travel by the subject outside

10 the United States: Provided, that—

11 ‘‘(i) no information may be re12 quested by an authorized investigative

13 agency pursuant to this section for

14 any purpose other than making a se15 curity determination, unless such

16 agency has reasonable grounds to be17 lieve, based upon specific and

18 articulable facts available to it, that

19 such person may pose a threat to the

20 continued security of the information

21 to which he or she had previously had

22 access; and

23 ‘‘(ii) any information obtained by

24 an authorized investigative agency

25 pursuant to this section shall not be
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1 disseminated to any other department,

2 agency, or entity for any purpose

3 other than: (A) for making a security

4 determination; or (B) for foreign

5 counterintelligence or law enforcement

6 purposes;

7 ‘‘(2) agreed, during the period of his or

8 her access, to report to the department, agency,

9 or entity granting such access in accordance

10 with applicable regulations, any travel to for11 eign countries which has not been authorized as

12 part of the subject’s official duties; and

13 ‘‘(3) agreed to report to the Federal Bu14 reau of Investigation, or to appropriate inves15 tigative authorities of the department, agency,

16 or entity concerned, any unauthorized contacts

17 with persons known to be foreign nationals or

18 persons representing foreign nationals, where

19 an effort to acquire classified information is

20 made by the foreign national, or where such

21 contacts appear intended for this purpose. For

22 purposes of this subsection, the term ‘unauthor23 ized contacts’ does not include contacts made

24 within the context of an authorized diplomatic

25 relationship. Failure by the employee to comply
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1 with any of the requirements of this subsection

2 shall constitute grounds for denial or termi3 nation of access to the Top Secret information

4 concerned.

5 ‘‘(b) all employees granted access to Top Secret

6 information pursuant to this subsection shall also be

7 subject to—

8 ‘‘(1) additional background investigations

9 by appropriate governmental authorities during

10 the period of access at no less frequent interval

11 than every 5 years, except that any failure to

12 satisfy this requirement that is not solely attrib13 utable to the subject of the investigation shall

14 not result in a loss or denial of access; and

15 ‘‘(2) investigation by appropriate govern16 mental authority at any time during the period

17 of access to ascertain whether such persons

18 continue to meet the requirements for access;

19 ‘‘(c) access to Top Secret information by cat20 egories of persons who do not meet the requirements

21 of subsections (A) and (B) of this section may be

22 permitted only where the president, or officials des23 ignated by the President for this purpose, determine

24 that such access is essential to protect or further the

25 national security interests of the United States; and
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1 ‘‘(d) a single office within the Executive branch

2 shall be designated to monitor the implementation

3 and operation of this title within the Executive

4 branch. This office shall submit an annual report to

5 the President and appropriate committees of the

6 Congress, describing the operation of this title and

7 recommending needed improvements. A copy of the

8 regulations implementing this title shall be provided

9 to the Select Committee on Intelligence of the Sen10 ate and the Permanent Select Committee on Intel11 ligence of the House of Representatives thirty days

12 prior to their effective date.

13 ‘‘WAIVERS FOR INDIVIDUAL CASES

14 ‘‘SEC. 803. In extraordinary circumstances, when es15 sential to protect or further the national security interests

16 of the United States, the President (or officials designated

17 by the President for this purpose) may waive the provi18 sions of this title, or the provisions of the regulations is19 sued pursuant to section 802, above, in individual cases

20 involving persons who are citizens of the United States

21 or are persons admitted into the United States for perma22 nent residence: Provided, that all such waivers shall be

23 made a matter of record and reported to the office des24 ignated pursuant to subsection 802(D), above, and shall

25 be available for review by the Select Committee on Intel-
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1 ligence of the Senate and the Permanent Select Committee

2 on Intelligence of the House of Representatives.

3 ‘‘DEFINITIONS

4 ‘‘SEC. 804. For purposes of this title—

5 ‘‘(a) the term ‘national security’ refers to the

6 national defense and foreign relations of the United

7 States;

8 ‘‘(b) the phrases ‘information classified in the

9 interest of national security’ or ‘classified informa10 tion’ mean any information originated by or on be11 half of the United States Government, the unauthor12 ized disclosure of which would cause damage to the

13 national security, which has been marked and is con14 trolled pursuant to the Executive Order 12356 of

15 April 2, 1982, or successor orders, or the Atomic

16 Energy Act of 1954;

17 ‘‘(c) the term ‘Top Secret information’ means

18 information classified in the interests of national se19 curity, the unauthorized disclosure of which would

20 cause exceptionally grave damage to the national se21 curity;

22 ‘‘(d) the term ‘employee’ includes any person

23 who receives a salary or compensation of any kind

24 from the United States Government, is a contractor

25 of the United States Government, is an unpaid con26 sultant of the United States Government, or other-
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1 wise acts for or on behalf of the United States Gov2 ernment, but does not include the President or Vice

3 President of the United States, Members of the Con4 gress of the United States, Justices of the Supreme

5 Court or judges of other federal courts established

6 pursuant to Article III of the Constitution; and

7 ‘‘(e) the term ‘authorized investigative agency’

8 means an agency authorized by law or regulation to

9 conduct investigations of persons who are proposed

10 for access to Top Secret information to ascertain

11 whether such persons satisfy the criteria for obtain12 ing and retaining access to such information.

13 ‘‘EFFECTIVE DATE

14 ‘‘SEC. 805. This title shall take effect 180 days after

15 the date of its enactment.’’

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