Calendar No. 501

103D CONGRESS

2D SESSION S. 2082

[Report No. 103–295][Report No. 103–256]

A BILL

To authorize appropriations for fiscal year 1995 for

for other purposes.Agency Retirement and Disability System, andGovernment and for the Central Intelligencethe intelligence activities of the United States

JUNE 30 (legislative day, JUNE 7), 1994

Reported with amendments
II

Calendar No. 501

103D CONGRESS

2D SESSION S. 2082

[Report No. 103–256]

[Report No. 103–295]

To authorize appropriations for fiscal year 1995 for the intelligence activities

of the United States Government and for the Central Intelligence Agency

Retirement and Disability System, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 5 (legislative day, MAY 2), 1994

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 the Committee fails to report the bill within the thirty-day limit, the Committee

shall be automatically discharged from further consideration of the bill

in accordance with that section

JUNE 30 (legislative day, JUNE 7), 1994

Reported by Mr. Nunn, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To authorize appropriations for fiscal year 1995 for the

intelligence activities of the United States Government

and for 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 Untied States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Intelligence Authoriza5 tion Act for Fiscal Year 1995’’.

6 TITLE I—INTELLIGENCE

7 ACTIVITIES

8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

9 Funds are hereby authorized to be appropriated for

10 fiscal year 1995 for the conduct of the intelligence activi11 ties of the following elements of the United States Govern12 ment:

13 (1) The Central Intelligence Agency.

14 (2) The Department of Defense.

15 (3) The Defense Intelligence Agency.

16 (4) The National Security Agency.

17 (5) The National Reconnaissance Office.

18 (6) The Department of the Army, the Depart19 ment of the Navy, and the Department of the Air

20 Force.

21 (7) The Department of State.

22 (8) The Department of the Treasury.

23 (9) The Department of Energy.

24 (10) The Federal Bureau of Investigation.

25 (11) The Central Imagery Office.
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1 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

2 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

3 CEILINGS.—The amounts authorized to be appropriated

4 under section 101, and the authorized personnel ceilings

5 as of September 30, 1995, for the conduct of intelligence

6 activities of the elements listed in such section, are those

7 specified in the classified Schedule of Authorizations pre8 pared by the committee of conference to accompany S.

9 2082 of the One Hundred Third Congress.

10 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU11 THORIZATIONS.—The Schedule of Authorizations de12 scribed in subsection (a) shall be made available to the

13 Committees on Appropriations of the Senate and House

14 of Representatives and to the President. The President

15 shall provide for suitable distribution of the Schedule, or

16 of appropriate portions of the Schedule, within the execu17 tive branch of Government.

18 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

19 (a) AUTHORITY FOR ADJUSTMENTS.—The Director

20 of Central Intelligence may authorize the employment of

21 civilian personnel in excess of the number of such person22 nel authorized for employment for fiscal year 1995 under

23 section 102 of this Act, if the Director determines that

24 such action is necessary to the performance of important

25 intelligence functions, except that such number may not,

26 for any element of the intelligence community, exceed 2
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1 percent of the number of civilian personnel authorized

2 under such section for such element.

3 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

4 Director of Central Intelligence shall promptly notify the

5 Permanent Select Committee on Intelligence of the House

6 of Representatives and the Select Committee on Intel7 ligence of the Senate whenever the Director exercises the

8 authority granted by subsection (a).

9 (c) INTELLIGENCE COMMUNITY DEFINED.—As used

10 in subsection (a), the term ‘‘intelligence community’’ has

11 the same meaning given to that term by section 3(4) of

12 the National Security Act of 1947 (50 U.S.C. 401(4)).

13 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated for the Community Manage16 ment Account of the Director of Central Intelligence for

17 fiscal year 1995 the sum of $106,300,000. Of the amounts

18 made available under this subsection, funds made avail19 able for the Advanced Research and Development Com20 mittee and the Environmental Task Force are authorized

21 to remain available until September 30, 1996.

22 (b) AUTHORIZED PERSONNEL LEVELS.—The Com23 munity Management Account of the Director of Central

24 Intelligence is authorized 221 full-time personnel as of

25 September 30, 1995. Such personnel of the Community
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1 Management Account may be permanent employees of the

2 Community Management Account or personnel detailed

3 from other elements of the United States Government.

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

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

6 the Armed Forces who is detailed to the Community Man7 agement Account staff from another element of the United

8 States Government shall be detailed on a reimbursable

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

10 may be detailed on a nonreimbursable basis for a period

11 of less than 1 year for the performance of temporary func12 tions as required by the Director of Central Intelligence.

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 1995 the sum of $198,000,000.
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1 TITLE III—GENERAL

2 PROVISIONS

3 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

4 BENEFITS AUTHORIZED BY LAW.

5 In addition to amounts authorized to be appropriated

6 by this Act for the salary, pay, retirement, and other bene7 fits of Federal employees, there are authorized to be ap8 propriated such additional or supplemental amounts as

9 may be necessary to cover increases in those benefits au10 thorized by law for fiscal year 1995.

11 SEC. 302. RESTRICTION ON THE CONDUCT OF INTEL12 LIGENCE ACTIVITIES.

13 The authorizations of appropriations contained in

14 this Act do not constitute authority for the conduct of any

15 intelligence activity which is not otherwise authorized by

16 the Constitution of the United States or by the laws of

17 the United States.

18 SEC. 303. REPEAL OF RESTRICTION ON INTELLIGENCE CO19 OPERATION WITH SOUTH AFRICA.

20 Section 107 of the Intelligence Authorization Act for

21 Fiscal Year 1987 (Public Law 99–569) is repealed.

22 SEC. 304. REPORT REGARDING MANDATORY RETIREMENT

23 FOR EXPIRATION OF TIME IN CLASS.

24 (a) REPORT REQUIRED.—Not later than December

25 1, 1994, the Director of Central Intelligence shall submit
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1 to the congressional defense and intelligence committees of

2 Congress a report setting forth a legislative proposal, co3 ordinated as appropriate with elements of the intelligence

4 community, which would provide for mandatory retirement

5 for expiration of time in class, comparable to the applica6 ble provisions of section 607 of the Foreign Service Act

7 of 1980 (22 U.S.C. 4007), for all civilian employees of

8 the Central Intelligence Agency, the National Security

9 Agency, the Defense Intelligence Agency, and the intel10 ligence elements of the Army, Navy, Air Force, and Ma11 rine Corps. The report shall include an assessment of the

12 advisability and feasibility of instituting such a mandatory

13 retirement policy, and of alternative means to achieve the

14 objectives of a mandatory retirement policy. The report

15 shall also include an assessment from the Secretary of De16 fense of the impact of a mandatory retirement policy for

17 intelligence community civilian employees on all other De18 partment of Defense civilian employees.

19 (b) DEFINITIONS.—For purposes of this section—

20 (1) the term ‘‘intelligence committees of Con21 gress’’ ‘‘congressional defense and intelligence com22 mittees’’ means the Committees on Armed Services of

23 the Senate and House of Representatives, the Defense

24 Subcommittees of the Committees on Appropriations

25 of the Senate and House of Representatives, the Se-
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1 lect Committee on Intelligence of the Senate, and

2 the Permanent Select Committee on Intelligence of

3 the House of Representatives; and

4 (2) the term ‘‘intelligence community’’ has the

5 same meaning given to that term in section 3(4) of

6 the National Security Act of 1947 (50 U.S.C.

7 401(4)).

8 TITLE IV—CENTRAL

9 INTELLIGENCE AGENCY

10 SEC. 401. AMENDMENT OF SECTION 4(a) OF THE CIA ACT OF

11 1949.

12 Section 4(a) of the Central Intelligence Agency Act

13 of 1949 (50 U.S.C. 403e(a)) is amended in subparagraphs

14 (A) and (C) of paragraph (5), by striking ‘‘not the result

15 of vicious habits, intemperance, or misconduct on his

16 part,’’ each place it appears.

17 SEC. 402. GENERAL COUNSEL OF THE CENTRAL INTEL18 LIGENCE AGENCY.

19 (a) POSITION ESTABLISHED.—The Central Intel20 ligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is

21 amended by adding at the end the following new section:

22 ‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE

23 AGENCY

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

25 Central Intelligence Agency appointed from civilian life by
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1 the President, by and with the advice and consent of the

2 Senate.

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

4 Agency is the chief legal officer of the Central Intelligence

5 Agency.

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

7 Agency shall perform such functions as the Director of

8 Central Intelligence may prescribe.’’.

9 (b) PAY FOR POSITION.—Section 5315 of title 5,

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

11 following:

12 ‘‘General Counsel of the Central Intelligence Agency.’’.

13 TITLE V—DEPARTMENT OF

14 DEFENSE

15 SEC. 501. CENTRAL IMAGERY OFFICE.

16 (a) AMENDMENTS OF THE NATIONAL SECURITY ACT

17 OF 1947.—(1) Section 105(b)(2) of the National Security

18 Act of 1947 (50 U.S.C. 403–5(b)(2)) is amended by strik19 ing ‘‘a central imagery authority’’ and inserting in lieu

20 thereof ‘‘the Central Imagery Office’’.

21 (2) Section 106(b) of such Act (50 U.S.C. 403–6(b))

22 is amended—

23 (A) in the subsection caption, by striking out

24 ‘‘CENTRAL IMAGERY AUTHORITY’’ and inserting in

25 lieu thereof ‘‘CENTRAL IMAGERY OFFICE’’; and
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1 (B) by striking out ‘‘Central Imagery Author2 ity’’ and inserting in lieu thereof ‘‘Central Imagery

3 Office’’.

4 (b) CIVILIAN PERSONNEL MANAGEMENT FOR THE

5 CENTRAL IMAGERY OFFICE.—(1) Subject to paragraph

6 (2), the Secretary of Defense may exercise the authorities

7 set forth in sections 1601 and 1604 of title 10, United

8 States Code, pertaining to civilian officers and employees

9 in the Defense Intelligence Agency, with respect to civilian

10 officers and employees of the Central Imagery Office.

11 (2)(A) Civilian personnel administrative support for

12 officers and employees of the Central Imagery Office shall

13 remain a responsibility of the Defense Intelligence Agency.

14 (B) The authority provided in section 1604(e)(1) of

15 title 10, United States Code, may, with respect to civilian

16 officers and employees of the Central Imagery Office, be

17 delegated by the Secretary of Defense only to the Deputy

18 Secretary of Defense.

19 SEC. 502. PUBLIC AVAILABILITY OF CERTAIN MAPS,

20 CHARTS, AND GEODETIC DATA.

21 Section 2796(b)(1)(C) of title 10, United States Code

22 is amended by inserting ‘‘jeopardize or interfere with on23 going military or intelligence operations, or’’ after ‘‘dis24 closed,’’.
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1 SEC. 503. AUTHORITY TO ESTABLISH A NATIONAL PUBLIC

2 INFORMATION CENTER.

3 Of the funds made available to the Secretary of De4 fense under this Act, the Secretary is authorized during

5 fiscal year 1995 to expend not more than $3,000,000 to

6 establish a National Public Information Center for the

7 purpose of—

8 (1) surveying, collecting, storing, distributing,

9 and presenting unclassified information, including

10 information retained by Government agencies as of

11 the date of enactment of this Act;

12 (2) providing support for training in decision13 making, and for professional education in the De14 partment of Defense and the intelligence community

15 (as defined in section 3(4) of the National Security

16 Act of 1947); and

17 (3) informing more broadly the American pub18 lic.

19 TITLE VI—FEDERAL BUREAU OF

20 INVESTIGATION

21 SEC. 601. DISCLOSURE OF CONSUMER CREDIT REPORTS

22 FOR COUNTERINTELLIGENCE PURPOSES.

23 Section 608 of the Fair Credit Reporting Act (15

24 U.S.C. 1681f) is amended—
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1 (1) by striking ‘‘Notwithstanding’’ and insert2 ing ‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING IN3 FORMATION.—Notwithstanding’’; and

4 (2) by adding at the end the following new sub5 section:

6 ‘‘(b) DISCLOSURES TO THE FBI FOR COUNTER7 INTELLIGENCE PURPOSES.—

8 ‘‘(1) CONSUMER REPORTS.—Notwithstanding

9 the provisions of section 604, a consumer reporting

10 agency shall furnish a consumer report to the Fed11 eral Bureau of Investigation when presented with a

12 written request for a consumer report, signed by the

13 Director of the Federal Bureau of Investigation, or

14 the Director’s designee, which certifies compliance

15 with this subsection. The Director or the Director’s

16 designee may make such a certification only if the

17 Director or the Director’s designee has determined

18 in writing that—

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

20 conduct of an authorized foreign counterintel21 ligence investigation; and

22 ‘‘(B) there are specific and articulable

23 facts giving reason to believe that the consumer

24 whose consumer report is sought is a foreign

25 power or an agent of a foreign power, as de-
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1 fined in section 101 of the Foreign Intelligence

2 Surveillance Act of 1978 (50 U.S.C. 1801).

3 ‘‘(2) IDENTIFYING INFORMATION.—Notwith4 standing the provisions of section 604, a consumer

5 reporting agency shall furnish identifying informa6 tion respecting a consumer, limited to name, ad7 dress, former addresses, places of employment, or

8 former places of employment, to the Federal Bureau

9 of Investigation when presented with a written re10 quest, signed by the Director or the Director’s des11 ignee, which certifies compliance with this sub12 section. The Director or the Director’s designee may

13 make such a certification only if the Director or the

14 Director’s designee has determined in writing that—

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

16 conduct of an authorized counterintelligence in17 vestigation; and

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

19 believe that the consumer has been, or is about

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

21 agent of a foreign power, as defined in section

22 101 of the Foreign Intelligence Surveillance Act

23 of 1978 (50 U.S.C. 1801).

24 ‘‘(3) CONFIDENTIALITY.—No consumer report25 ing agency or officer, employee, or agent of such
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1 consumer reporting agency may disclose to any per2 son, other than those officers, employees, or agents

3 of such agency necessary to fulfill the requirement

4 to disclose information to the Federal Bureau of In5 vestigation under this subsection, that the Federal

6 Bureau of Investigation has sought or obtained a

7 consumer report or identifying information respect8 ing any consumer under paragraph (1) or (2), nor

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

10 in any consumer report any information that would

11 indicate that the Federal Bureau of Investigation

12 has sought or obtained such a consumer report or

13 identifying information.

14 ‘‘(4) PAYMENT OF FEES.—The Federal Bureau

15 of Investigation shall, subject to the availability of

16 appropriations, pay to the consumer reporting agen17 cy assembling or providing credit reports or identify18 ing information in accordance with procedures estab19 lished under this title, a fee for reimbursement for

20 such costs as are reasonably necessary and which

21 have been directly incurred in searching, reproduc22 ing, or transporting books, papers, records, or other

23 data required or requested to be produced under this

24 subsection.
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1 ‘‘(5) LIMIT ON DISSEMINATION.—The Federal

2 Bureau of Investigation may not disseminate infor3 mation obtained pursuant to this subsection outside

4 of the Federal Bureau of Investigation, except to the

5 Department of Justice as may be necessary for the

6 approval or conduct of a foreign counterintelligence

7 investigation, or, where the information concerns a

8 person subject to the Uniform Code of Military Jus9 tice, to appropriate investigative authorities within

10 the military department concerned as may be nec11 essary for the conduct of a joint foreign counter12 intelligence investigation.

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

14 this subsection shall be construed to prohibit infor15 mation from being furnished by the Federal Bureau

16 of Investigation pursuant to a subpoena or court

17 order, or in connection with a judicial or administra18 tive proceeding to enforce the provisions of this Act.

19 Nothing in this subsection shall be construed to au20 thorize or permit the withholding or information

21 from Congress.

22 ‘‘(7) REPORTS TO CONGRESS.—On a semi23 annual basis, the Attorney General of the United

24 States shall fully inform the Permanent Select Com25 mittee on Intelligence and the Committee on Bank-
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1 ing, Finance and Urban Affairs of the House of

2 Representatives, and the Select Committee on Intel3 ligence and the Committee on Banking, Housing,

4 and Urban Affairs of the Senate concerning all re5 quests made pursuant to paragraphs (1) and (2).

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

7 the United States obtaining or disclosing credit re8 ports, records, or information contained therein in

9 violation of this subsection is liable to the consumer

10 to whom such records relate in an amount equal to

11 the sum of—

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

13 of records involved;

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

15 consumer as a result of the disclosure;

16 ‘‘(C) if the violation is found to have been

17 willful or intentional, such punitive damages as

18 a court may allow; and

19 ‘‘(D) in the case of any successful action to

20 enforce liability under this subsection, the costs

21 of the action, together with reasonable attorney

22 fees, as determined by the court.

23 ‘‘(9) DISCIPLINARY ACTIONS FOR VIOLA24 TIONS.—If a court determines that any agency or

25 department of the United States has violated any
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1 provision of this subsection and the court finds that

2 the circumstances surrounding the violation raise

3 questions of whether or not an officer or employee

4 of the agency or department acted willfully or inten5 tionally with respect to the violation, the agency or

6 department shall promptly initiate a proceeding to

7 determine whether or not disciplinary action is war8 ranted against the officer or employee who was re9 sponsible for the violation.

10 ‘‘(10) GOOD-FAITH EXCEPTION.—Any credit re11 porting agency or agent or employee thereof making

12 disclosure of credit reports or identifying informa13 tion pursuant to this subsection in good-faith reli14 ance upon a certificate of the Federal Bureau of In15 vestigation pursuant to provisions of this subsection

16 shall not be liable to any person for such disclosure

17 under this title, the constitution of any State, or any

18 law or regulation of any State or any political sub19 division of any State.

20 ‘‘(11) LIMITATION OF REMEDIES.—The rem21 edies and sanctions set forth in this subsection shall

22 be the only judicial remedies and sanctions for viola23 tion of this subsection.

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

25 other remedy contained in this subsection, injunctive
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1 relief shall be available to require compliance with

2 the procedures of this subsection. In the event of

3 any successful action under this subsection, costs to4 gether with reasonable attorney fees, as determined

5 by the court, may be recovered.’’.

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