Calendar No. 224

103D CONGRESS

1ST SESSION S. 1301

[Report No. 103–155][Report No. 103–115]

A BILL

To authorize appropriations for fiscal year 1994 for

O

purposes.tirement and Disability System, and for otherernment and the Central Intelligence Agency Reintelligence activities of the United States GovCTOBER 5 (legislative day, SEPTEMBER 27), 1993

Reported with an amendment
II

Calendar No. 224

103D CONGRESS

1ST SESSION S. 1301

[Report No. 103–115]

[Report No. 103–155]

To authorize appropriations for fiscal year 1994 for intelligence 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

JULY 28 (legislative day, JUNE 30), 1993

Mr. DECONCINI, from the Select Committee on Intelligence, reported the following original bill; which was read twice and referred to the Committee

on Armed Services for the thirty-day period provided in section 3(b) of

Senate Resolution 400, Ninety-fourth Congress, except that if such Committee fails to report such bill within the thirty-day limit, such Committee

shall be automatically discharged from further consideration of such bill

in accordance with that section

OCTOBER 5 (legislative day, SEPTEMBER 27), 1993

Reported by Mr. NUNN, with an amendment

[Omit the part struck through]

A BILL

To authorize appropriations for fiscal year 1994 for intelligence activities of the United States Government and

the Central Intelligence Agency Retirement and Disability System, and for other purposes.
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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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Intelligence Authorization Act for Fiscal Year 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Community Management Account.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

Sec. 202. Technical corrections.

TITLE III—GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by law.

Sec. 302. Restriction on conduct of intelligence activities.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

Sec. 401. General Counsel of the Central Intelligence Agency.

Sec. 402. Technical amendments to the CIA Act and National Security Act.

TITLE V—DEPARTMENT OF DEFENSE

Sec. 501. Foreign language proficiency pay for members of the reserve components of the Armed Forces.

Sec. 502. National Security Education Trust Fund.

TITLE VI—FEDERAL BUREAU OF INVESTIGATION

Sec. 601. Federal Bureau of Investigation counterintelligence access to

consumer credit records.
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1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 1994 for the conduct of the intelligence activi6 ties of the following elements of the United States Govern7 ment:

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 National Reconnaissance Office.

13 (6) The Central Imagery Office.

14 (7) The Department of the Army, the Depart15 ment of the Navy, and the Department of the Air

16 Force.

17 (8) The Department of State.

18 (9) The Department of the Treasury.

19 (10) The Department of Energy.

20 (11) The Federal Bureau of Investigation.

21 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

22 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

23 CEILINGS.—The amounts authorized to be appropriated

24 under section 101, and the authorized personnel ceilings

25 as of September 30, 1994, for the conduct of the intel-
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1 ligence activities of the elements listed in such section, are

2 those specified in the classified Schedule of Authorizations

3 prepared by the Select Committee on Intelligence of the

4 Senate to accompany (S. 1301) of the One Hundred Third

5 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 the Committee on Appropriations of the House

10 of Representatives and to the President. The President

11 shall provide for suitable distribution of the Schedule, or

12 of appropriate portions of the Schedule, within the execu13 tive branch.

14 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

15 (a) AUTHORITY FOR ADJUSTMENTS.—The Director

16 of Central Intelligence may authorize employment of civil17 ian personnel in excess of the number authorized for fiscal

18 year 1994 under section 102 of this Act whenever the Di19 rector determines that such action is necessary for the per20 formance of important intelligence functions, except that

21 such number may not, for any element of the intelligence

22 community, exceed 2 percent of the number of civilian per23 sonnel authorized under such section for such element.

24 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

25 Director of Central Intelligence shall promptly notify the
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1 Permanent Select Committee on Intelligence of the House

2 of Representatives and the Select Committee on Intel3 ligence of the Senate whenever the Director exercises the

4 authority granted by this section.

5 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

6 (a) AUTHORIZATIONS OF APPROPRIATIONS.—There

7 is authorized to be appropriated for the Community Man8 agement Account of the Director of Central Intelligence

9 for fiscal year 1994 the sum of $144,588,000. Within such

10 amounts authorized, amounts identified for the Advanced

11 Research and Development Committee shall remain avail12 able for obligation through September 30, 1995.

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

15 Intelligence is authorized 237 full-time personnel as of

16 September 30, 1994. 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 1994, 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 Account from another element of the United

24 States Government shall be detailed on a reimbursable

25 basis, except that any such officer, employee, or member
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1 may be detailed on a nonreimbursable basis for a period

2 of less than 1 year for the performance of temporary func3 tions 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 1994 the sum of $182,300,000.

12 SEC. 202. TECHNICAL CORRECTIONS.

13 (a) CORRECTIONS.—The Central Intelligence Agency

14 Retirement Act (50 U.S.C. 2001 et seq.) is amended as

15 follows:

16 (1) In section 101(7)—

17 (A) strike out the comma after ‘‘basic pay’’

18 and insert in lieu thereof ‘‘and’’; and

19 (B) strike out ‘‘, and interest determined

20 under section 281’’.

21 (2) In section 201(c), strike out ‘‘proviso of sec22 tion 102(d)(3) of the National Security Act of 1947,

23 (50 U.S.C. 403(d)(3))’’ and insert in lieu thereof

24 ‘‘requirement in section 103(c)(5) of the National

25 Security Act of 1947 (50 U.S.C. 403–3(c)(5))’’.
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1 (3) In section 211(c)(2)(B), strike out ‘‘the re2 quirement under section 241(b)(4)’’ and insert in

3 lieu thereof ‘‘prior notification of a current spouse,

4 if any, unless notification is waived under cir5 cumstances described in section 221(b)(1)(D)’’.

6 (4) In section 221—

7 (A) in subsection (a)(4), strike out ‘‘(or, in

8 the case of an annuity computed under section

9 232 and based on less than 3 years, over the

10 total service)’’;

11 (B) in subsection (f)(1)(A)—

12 (i) insert ‘‘after the participant’s

13 death’’ before the period at the end of the

14 first sentence; and

15 (ii) strike out ‘‘after the participant’s

16 death’’ in the second sentence;

17 (C) in subsection (g)(1), strike out ‘‘(or is

18 remarried’’ and insert in lieu thereof ‘‘(or is re19 married,’’; and

20 (D) In subsection (j), strike out ‘‘(except

21 as provided in paragraph (2))’’.

22 (5) In section 222—

23 (A) in subsection (a)(7), strike out ‘‘any

24 other annuity’’ the first time it appears and in25 sert in lieu thereof ‘‘any survivor annuity’’;
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1 (B) in subsection (c)(3)(C), insert ‘‘the

2 participant’’ before ‘‘or does not qualify’’; and

3 (C) in subsection (c)(4), strike out ‘‘shall

4 terminate’’ and all that follows and insert in

5 lieu thereof ‘‘in the case of a spouse, shall ter6 minate on the last day of the month before the

7 spouse dies, and, in the case of a former

8 spouse, shall terminate on the last day of the

9 month before the former spouse dies, or on the

10 last day of the month before the former spouse

11 remarries before attaining age 55’’.

12 (6) In section 224(c)(1)(B)(i), strike out

13 ‘‘former participant’’ and insert in lieu thereof ‘‘re14 tired participant’’.

15 (7) In section 225(c)—

16 (A) in paragraph (3), strike out ‘‘any other

17 annuity’’ the first time it appears and insert in

18 lieu thereof ‘‘any survivor annuity’’; and

19 (B) in paragraph (4)(A), strike out

20 ‘‘1991’’ and insert in lieu thereof ‘‘1990’’.

21 (8) In section 231(d)(2), strike out ‘‘241(b)’’

22 and insert in lieu thereof ‘‘241(a)’’.

23 (9) In section 232(b)(4), strike out ‘‘section

24 222’’ and insert in lieu thereof ‘‘section 224’’.
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1 (10) In section 234(b), strike out ‘‘sections 241

2 and 281’’ and insert in lieu thereof ‘‘section 241’’.

3 (11) In section 241—

4 (A) in subsection (c), strike out ‘‘A lump5 sum benefit that would have been payable to a

6 participant, former participant, or annuitant, or

7 to a survivor annuitant, authorized by sub8 section (d) or (e) of this section or by section

9 234(b) or 281(d)’’ and insert in lieu thereof ‘‘A

10 lump-sum payment authorized by subsection (d)

11 or (e) of this section or by section 281(d) and

12 a payment of accrued and unpaid annuity au13 thorized by subsection (f) of this section’’;

14 (B) redesignate subsection (f) as sub15 section (g); and

16 (C) insert after subsection (e) the following

17 new subsection (f):

18 ‘‘(f) PAYMENT OF ACCRUED AND UNPAID ANNUITY

19 WHEN RETIRED PARTICIPANT DIES.—If a retired partici20 pant dies, any annuity accrued and unpaid shall be paid

21 in accordance with subsection (c).’’.

22 (12) In section 264(b)—

23 (A) in paragraph (2), insert ‘‘and’’ after

24 the semicolon at the end;
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1 (B) in paragraph (3), strike out ‘‘and to

2 any payment of a return of contributions under

3 section 234(a); and’’ and insert in lieu thereof

4 ‘‘, and the amount of any such payment;’’; and

5 (C) strike out paragraph (4).

6 (13) In section 265, strike out ‘‘Act’’ each place

7 it appears and insert in lieu thereof ‘‘title’’.

8 (14) In section 291(b)(2), strike out ‘‘or section

9 232(c)’’.

10 (15) In section 304(i)(1), strike out ‘‘section

11 102(a)(3)’’ and insert in lieu thereof ‘‘section

12 102(a)(4)’’.

13 (b) RETROACTIVE EFFECTIVE DATE.—The amend14 ments made by subsection (a) shall be effective as of Feb15 ruary 1, 1993.

16 TITLE III—GENERAL

17 PROVISIONS

18 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

19 BENEFITS AUTHORIZED BY LAW.

20 There are authorized to be appropriated to carry out

21 the purposes of this Act such additional amounts for fiscal

22 year 1994 as may be necessary for increases in salary,

23 pay, retirement, and other employee benefits authorized

24 by law.
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1 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

2 ACTIVITIES.

3 The authorization of appropriations in this Act does

4 not constitute authority for the conduct of any intelligence

5 activity which is not otherwise authorized by the Constitu6 tion or the laws of the United States.

7 TITLE IV—CENTRAL

8 INTELLIGENCE AGENCY

9 SEC. 401. GENERAL COUNSEL OF THE CENTRAL INTEL10 LIGENCE AGENCY.

11 (a) POSITION ESTABLISHED.—The Central Intel12 ligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is

13 amended by adding at the end the following:

14 ‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE

15 AGENCY

16 ‘‘SEC. 20. (a) There is a General Counsel of the

17 Central Intelligence Agency appointed from civilian life by

18 the President, by and with the advice and consent of the

19 Senate.

20 ‘‘(b) The General Counsel of the Central Intelligence

21 Agency is the chief legal officer of the Central Intelligence

22 Agency.

23 ‘‘(c) The General Counsel of the Central Intelligence

24 Agency shall perform such functions as the Director of

25 Central Intelligence may prescribe.’’.
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1 (b) PAY FOR POSITION.—Section 5315 of title 5,

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

3 following:

4 ‘‘General Counsel of the Central Intelligence

5 Agency.’’.

6 (c) EFFECTIVE DATE.—The amendments made by

7 this section shall take effect one year after the date of

8 the enactment of this Act.

9 SEC. 402. TECHNICAL AMENDMENTS TO THE CIA ACT AND

10 NATIONAL SECURITY ACT.

11 (a) AMENDMENTS TO CIA ACT.—The Central Intel12 ligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is

13 amended as follows:

14 (1) In section 5(a)—

15 (A) strike out ‘‘Bureau of the Budget’’ and

16 insert ‘‘Office of Management and Budget’’;

17 and

18 (B) strike out ‘‘sections 102 and 303’’ and

19 insert in lieu thereof ‘‘subparagraphs (B) and

20 (C) of section 102(a)(2), subsections (c)(5) and

21 (d) of section 103, subsections (a) and (g) of

22 section 104, and section 303’’.

23 (2) In section 6, strike out ‘‘section 102(d)(3)’’

24 and insert in lieu thereof ‘‘section 103(c)(5)’’.

25 (3) In section 19(b)—
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1 (A) strike out ‘‘231’’ in the subsection

2 heading and in the matter after clause (iv) and

3 insert in lieu thereof ‘‘232’’; and

4 (B) strike out ‘‘(50 U.S.C. 403 note)’’.

5 (b) AMENDMENTS TO NATIONAL SECURITY ACT.—

6 Section 103(d)(3) of the National Security Act of 1947

7 is amended by striking out ‘‘providing’’ and inserting in

8 lieu thereof ‘‘provide’’.

9 TITLE V—DEPARTMENT OF

10 DEFENSE

11 SEC. 501. FOREIGN LANGUAGE PROFICIENCY PAY FOR

12 MEMBERS OF THE RESERVE COMPONENTS

13 OF THE ARMED FORCES.

14 (a) BONUS AUTHORIZED.—Section 316(c) of title 37,

15 United States Code, is amended by striking out para16 graphs (1) and (2) and inserting in lieu thereof the follow17 ing:

18 ‘‘(1) Under regulations prescribed by the Secretary

19 concerned, when a member of a reserve component who

20 is entitled to compensation under section 206 of this title

21 meets the requirements for special pay authorized in sub22 section (a), except the requirement prescribed in sub23 section (a)(1), the member may be paid an annual foreign

24 language maintenance bonus.
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1 ‘‘(2) The amount of the bonus under paragraph (1)

2 shall be determined by the Secretary concerned but may

3 not exceed the annual equivalent of the maximum monthly

4 rate of special pay authorized under subsection (b) for a

5 member referred to in subsection (a).’’.

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

7 subsection (a) shall take effect with respect to the first

8 month that begins more than 90 days after the date of

9 the enactment of this Act.

10 SEC. 502. NATIONAL SECURITY EDUCATION TRUST FUND.

11 (a) CREDITING OF GIFTS TO THE NATIONAL SECU12 RITY EDUCATION TRUST FUND.—Section 804(e) of the

13 Intelligence Authorization Act, Fiscal Year 1992 (50

14 U.S.C. 1904(e)) is amended by adding at the end thereof

15 the following:

16 ‘‘(3) Any gifts of money shall be credited to and form

17 a part of the Fund.’’.

18 (b) REPEAL OF AUTHORIZATION REQUIREMENT.—

19 Section 804(b) of such Act is amended—

20 (1) by striking ‘‘(1)’’;

21 (2) by redesignating subparagraphs (A) and

22 (B) as paragraphs (1) and (2); and

23 (3) by striking paragraph (2).

24 (c) TRANSFER OF FUNDS REQUIREMENT.—The Sec25 retary of Defense shall transfer $25,000,000 from the Na-
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1 tional Security Education Trust Fund to the miscellane2 ous receipts account of the Treasury.

3 TITLE VI—FEDERAL BUREAU OF

4 INVESTIGATION

5 SEC. 601. FEDERAL BUREAU OF INVESTIGATION COUNTER6 INTELLIGENCE ACCESS TO CONSUMER CRED7 IT RECORDS.

8 Section 608 of the Fair Credit Reporting Act (15

9 U.S.C. 1681f) is amended—

10 (1) by striking ‘‘Notwithstanding’’ and insert11 ing ‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING IN12 FORMATION.—Notwithstanding’’; and

13 (2) by adding at the end the following new sub14 section:

15 ‘‘(b) DISCLOSURES TO THE FBI FOR COUNTER16 INTELLIGENCE PURPOSES.—

17 ‘‘(1) CONSUMER REPORTS.—Notwithstanding

18 the provisions of section 604, a consumer reporting

19 agency shall furnish a consumer report to the Fed20 eral Bureau of Investigation when presented with a

21 written request for a consumer report, signed by the

22 Director of the Federal Bureau of Investigation

23 (hereafter in this section referred to as the ‘Direc24 tor’) or the Director’s designee, which certifies com25 pliance with this subsection. The Director or the Di-
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1 rector’s designee may make such a certification only

2 if the Director or the Director’s designee has deter3 mined in writing that—

4 ‘‘(A) such records are necessary for the

5 conduct of an authorized foreign counterintel6 ligence investigation; and

7 ‘‘(B) there are specific and articulable

8 facts giving reason to believe that the consumer

9 whose consumer report is sought is a foreign

10 power or an agent of a foreign power, as de11 fined in section 101 of the Foreign Intelligence

12 Surveillance Act of 1978.

13 ‘‘(2) IDENTIFYING INFORMATION.—Notwith14 standing the provisions of section 604, a consumer

15 reporting agency shall furnish identifying informa16 tion respecting a consumer, limited to name, ad17 dress, former addresses, places of employment, or

18 former places of employment, to the Federal Bureau

19 of Investigation when presented with a written re20 quest, signed by the Director or the Director’s des21 ignee, which certifies compliance with this sub22 section. The Director or the Director’s designee may

23 make such a certification only if the Director or the

24 Director’s designee has determined in writing that—
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1 ‘‘(A) such information is necessary to the

2 conduct of an authorized foreign counterintel3 ligence investigation; and

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

5 believe that the consumer has been, or is about

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

7 agent of a foreign power, as defined in section

8 101 of the Foreign Intelligence Surveillance Act

9 of 1978.

10 ‘‘(3) CONFIDENTIALITY.—No consumer report11 ing agency or officer, employee, or agent of such

12 consumer reporting agency may disclose to any per13 son, other than those officers, employees or agents

14 of such agency necessary to fulfill the requirement

15 to disclose information to the Federal Bureau of In16 vestigation under this subsection, that the Federal

17 Bureau of Investigation has sought or obtained a

18 consumer report or identifying information respect19 ing any consumer under paragraph (1) or (2), nor

20 shall such agency, officer, employee, or agent include

21 in any consumer report any information that would

22 indicate that the Federal Bureau of Investigation

23 has sought or obtained such a consumer report or

24 identifying information.
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1 ‘‘(4) PAYMENT OF FEES.—The Federal Bureau

2 of Investigation shall, subject to the availability of

3 appropriations, pay to the consumer reporting agen4 cy assembling or providing credit reports or identify5 ing information in accordance with procedures estab6 lished under this title, a fee for reimbursement for

7 such costs as are reasonably necessary and which

8 have been directly incurred in searching for, repro9 ducing, or transporting books, papers, records, or

10 other data required or requested to be produced

11 under this subsection.

12 ‘‘(5) LIMIT ON DISSEMINATION.—The Federal

13 Bureau of Investigation may not disseminate infor14 mation obtained pursuant to this subsection outside

15 of the Federal Bureau of Investigation, except to the

16 Department of Justice as may be necessary for the

17 approval or conduct of a foreign counterintelligence

18 investigation.

19 ‘‘(6) RULES OF CONSTRUCTION.—Nothing in

20 this subsection shall be construed to prohibit infor21 mation from being furnished by the Federal Bureau

22 of Investigation pursuant to a subpoena or court

23 order, or in connection with a judicial or administra24 tive proceeding to enforce the provisions of this Act.

25 Nothing in this subsection shall be construed to au-
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1 thorize or permit the withholding of information

2 from the Congress.

3 ‘‘(7) REPORTS TO THE CONGRESS.—On a semi4 annual basis, the Attorney General of the United

5 States shall fully inform the Permanent Select Com6 mittee on Intelligence and the Committee on Bank7 ing, Finance and Urban Affairs of the House of

8 Representatives, and the Select Committee on Intel9 ligence and the Committee on Banking, Housing,

10 and Urban Affairs of the Senate concerning all re11 quests made pursuant to paragraph (1) and (2).

12 ‘‘(8) DAMAGES.—Any agency or department of

13 the United States obtaining or disclosing credit re14 ports, records, or information contained therein in

15 violation of this subsection is liable to the consumer

16 to whom such records relate in an amount equal to

17 the sum of—

18 ‘‘(A) $100, without regard to the volume

19 of records involved;

20 ‘‘(B) any actual damages sustained by the

21 consumer as a result of the disclosure;

22 ‘‘(C) such punitive damages as a court

23 may allow, where the violation is found to have

24 been willful or intentional; and
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1 ‘‘(D) in the case of any successful action to

2 enforce liability under this subsection, the costs

3 of the action, together with reasonable attor4 ney’s fees, as determined by the court.

5 ‘‘(9) DISCIPLINARY ACTIONS FOR VIOLA6 TIONS.—If a court determines that any agency or

7 department of the United States has violated any

8 provision of this subsection and the court finds that

9 the circumstances surrounding the violation raise

10 questions of whether or not an officer or employee

11 of the agency or department acted willfully or inten12 tionally with respect to the violation, the agency or

13 department shall promptly initiate a proceeding to

14 determine whether or not disciplinary action is war15 ranted against the officer or employee who was re16 sponsible for the violation.

17 ‘‘(10) GOOD-FAITH EXCEPTION.—Any credit re18 porting agency or agent or employee thereof making

19 a disclosure of credit reports or identifying informa20 tion pursuant to this subsection in good-faith reli21 ance upon a certificate by the Federal Bureau of In22 vestigation pursuant to provisions of this subsection

23 shall not be liable to any person for such disclosure

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

3 ‘‘(11) LIMITATION OF REMEDIES.—The rem4 edies and sanctions set forth in this subsection shall

5 be the only judicial remedies and sanctions for viola6 tions of this subsection.

7 ‘‘(12) INJUNCTIVE RELIEF.—In addition to any

8 other remedy contained in this subsection, injunctive

9 relief shall be available to require compliance with

10 the procedures of this subsection. In the event of

11 any successful action under this subsection, costs to12 gether with reasonable attorney’s fees, as determined

13 by the court, may be recovered.’’.

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