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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2082 Reported in Senate (RS)]

                                                       Calendar No. 501

103d CONGRESS

  2d Session

                                S. 2082

                          [Report No. 103-256]

                          [Report No. 103-295]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                June 30 (legislative day, June 7), 1994

                        Reported with amendments

                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
Untied States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intelligence Authorization Act for 
Fiscal Year 1995''.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1995 
for the conduct of the intelligence activities of the following 
elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The National Reconnaissance Office.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Department of State.
            (8) The Department of the Treasury.
            (9) The Department of Energy.
            (10) The Federal Bureau of Investigation.
            (11) The Central Imagery Office.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 1995, for the conduct of 
intelligence activities of the elements listed in such section, are 
those specified in the classified Schedule of Authorizations prepared 
by the committee of conference to accompany S. 2082 of the One Hundred 
Third Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations described in subsection (a) shall be made 
available to the Committees on Appropriations of the Senate and House 
of Representatives and to the President. The President shall provide 
for suitable distribution of the Schedule, or of appropriate portions 
of the Schedule, within the executive branch of Government.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--The Director of Central 
Intelligence may authorize the employment of civilian personnel in 
excess of the number of such personnel authorized for employment for 
fiscal year 1995 under section 102 of this Act, if the Director 
determines that such action is necessary to the performance of 
important intelligence functions, except that such number may not, for 
any element of the intelligence community, exceed 2 percent of the 
number of civilian personnel authorized under such section for such 
element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall promptly notify the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate whenever the Director exercises the 
authority granted by subsection (a).
    (c) Intelligence Community Defined.--As used in subsection (a), the 
term ``intelligence community'' has the same meaning given to that term 
by section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401(4)).

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Community Management Account of the Director of 
Central Intelligence for fiscal year 1995 the sum of $106,300,000. Of 
the amounts made available under this subsection, funds made available 
for the Advanced Research and Development Committee and the 
Environmental Task Force are authorized to remain available until 
September 30, 1996.
    (b) Authorized Personnel Levels.--The Community Management Account 
of the Director of Central Intelligence is authorized 221 full-time 
personnel as of September 30, 1995. Such personnel of the Community 
Management Account may be permanent employees of the Community 
Management Account or personnel detailed from other elements of the 
United States Government.
    (c) Reimbursement.--During fiscal year 1995, any officer or 
employee of the United States or a member of the Armed Forces who is 
detailed to the Community Management Account staff from another element 
of the United States Government shall be detailed on a reimbursable 
basis, except that any such officer, employee, or member may be 
detailed on a nonreimbursable basis for a period of less than 1 year 
for the performance of temporary functions as required by the Director 
of Central Intelligence.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 1995 the sum of 
$198,000,000.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    In addition to amounts authorized to be appropriated by this Act 
for the salary, pay, retirement, and other benefits of Federal 
employees, there are authorized to be appropriated such additional or 
supplemental amounts as may be necessary to cover increases in those 
benefits authorized by law for fiscal year 1995.

SEC. 302. RESTRICTION ON THE CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorizations of appropriations contained in this Act do not 
constitute authority for the conduct of any intelligence activity which 
is not otherwise authorized by the Constitution of the United States or 
by the laws of the United States.

SEC. 303. REPEAL OF RESTRICTION ON INTELLIGENCE COOPERATION WITH SOUTH 
              AFRICA.

    Section 107 of the Intelligence Authorization Act for Fiscal Year 
1987 (Public Law 99-569) is repealed.

SEC. 304. REPORT REGARDING MANDATORY RETIREMENT FOR EXPIRATION OF TIME 
              IN CLASS.

    (a) Report Required.--Not later than December 1, 1994, the Director 
of Central Intelligence shall submit to the congressional defense and 
intelligence committees -o-f -C-o-n-g-r-e-s-s a report setting forth a 
legislative proposal, coordinated as appropriate with elements of the 
intelligence community, which would provide for mandatory retirement 
for expiration of time in class, comparable to the applicable 
provisions of section 607 of the Foreign Service Act of 1980 (22 U.S.C. 
4007), for all civilian employees of the Central Intelligence Agency, 
the National Security Agency, the Defense Intelligence Agency, and the 
intelligence elements of the Army, Navy, Air Force, and Marine Corps. 
The report shall include an assessment of the advisability and 
feasibility of instituting such a mandatory retirement policy, and of 
alternative means to achieve the objectives of a mandatory retirement 
policy. The report shall also include an assessment from the Secretary 
of Defense of the impact of a mandatory retirement policy for 
intelligence community civilian employees on all other Department of 
Defense civilian employees.
    (b) Definitions.--For purposes of this section--
            (1) the term -`-`-i-n-t-e-l-l-i-g-e-n-c-e 
        -c-o-m-m-i-t-t-e-e-s -o-f -C-o-n-g-r-e-s-s-'-' ``congressional 
        defense and intelligence committees'' means the Committees on 
        Armed Services of the Senate and House of Representatives, the 
        Defense Subcommittees of the Committees on Appropriations of 
        the Senate and House of Representatives, the Select Committee 
        on Intelligence of the Senate, and the Permanent Select 
        Committee on Intelligence of the House of Representatives; and
            (2) the term ``intelligence community'' has the same 
        meaning given to that term in section 3(4) of the National 
        Security Act of 1947 (50 U.S.C. 401(4)).

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. AMENDMENT OF SECTION 4(a) OF THE CIA ACT OF 1949.

    Section 4(a) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403e(a)) is amended in subparagraphs (A) and (C) of paragraph 
(5), by striking ``not the result of vicious habits, intemperance, or 
misconduct on his part,'' each place it appears.

SEC. 402. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.

    (a) Position Established.--The Central Intelligence Agency Act of 
1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the 
following new section:

          ``general counsel of the central intelligence agency

    ``Sec. 20. (a) There is a General Counsel of the Central 
Intelligence Agency appointed from civilian life by the President, by 
and with the advice and consent of the Senate.
    ``(b) The General Counsel of the Central Intelligence Agency is the 
chief legal officer of the Central Intelligence Agency.
    ``(c) The General Counsel of the Central Intelligence Agency shall 
perform such functions as the Director of Central Intelligence may 
prescribe.''.
    (b) Pay for Position.--Section 5315 of title 5, United States Code, 
is amended by adding at the end the following:

        ``General Counsel of the Central Intelligence Agency.''.

                     TITLE V--DEPARTMENT OF DEFENSE

SEC. 501. CENTRAL IMAGERY OFFICE.

    (a) Amendments of the National Security Act of 1947.--(1) Section 
105(b)(2) of the National Security Act of 1947 (50 U.S.C. 403-5(b)(2)) 
is amended by striking ``a central imagery authority'' and inserting in 
lieu thereof ``the Central Imagery Office''.
    (2) Section 106(b) of such Act (50 U.S.C. 403-6(b)) is amended--
            (A) in the subsection caption, by striking out ``Central 
        Imagery Authority'' and inserting in lieu thereof ``Central 
        Imagery Office''; and
            (B) by striking out ``Central Imagery Authority'' and 
        inserting in lieu thereof ``Central Imagery Office''.
    (b) Civilian Personnel Management for the Central Imagery Office.--
(1) Subject to paragraph (2), the Secretary of Defense may exercise the 
authorities set forth in sections 1601 and 1604 of title 10, United 
States Code, pertaining to civilian officers and employees in the 
Defense Intelligence Agency, with respect to civilian officers and 
employees of the Central Imagery Office.
    (2)(A) Civilian personnel administrative support for officers and 
employees of the Central Imagery Office shall remain a responsibility 
of the Defense Intelligence Agency.
    (B) The authority provided in section 1604(e)(1) of title 10, 
United States Code, may, with respect to civilian officers and 
employees of the Central Imagery Office, be delegated by the Secretary 
of Defense only to the Deputy Secretary of Defense.

SEC. 502. PUBLIC AVAILABILITY OF CERTAIN MAPS, CHARTS, AND GEODETIC 
              DATA.

    Section 2796(b)(1)(C) of title 10, United States Code is amended by 
inserting ``jeopardize or interfere with ongoing military or 
intelligence operations, or'' after ``disclosed,''.

SEC. 503. AUTHORITY TO ESTABLISH A NATIONAL PUBLIC INFORMATION CENTER.

    Of the funds made available to the Secretary of Defense under this 
Act, the Secretary is authorized during fiscal year 1995 to expend not 
more than $3,000,000 to establish a National Public Information Center 
for the purpose of--
            (1) surveying, collecting, storing, distributing, and 
        presenting unclassified information, including information 
        retained by Government agencies as of the date of enactment of 
        this Act;
            (2) providing support for training in decision-making, and 
        for professional education in the Department of Defense and the 
        intelligence community (as defined in section 3(4) of the 
        National Security Act of 1947); and
            (3) informing more broadly the American public.

               TITLE VI--FEDERAL BUREAU OF INVESTIGATION

SEC. 601. DISCLOSURE OF CONSUMER CREDIT REPORTS FOR COUNTERINTELLIGENCE 
              PURPOSES.

    Section 608 of the Fair Credit Reporting Act (15 U.S.C. 1681f) is 
amended--
            (1) by striking ``Notwithstanding'' and inserting ``(a) 
        Disclosure of Certain Identifying Information.--
        Notwithstanding''; and
            (2) by adding at the end the following new subsection:
    ``(b) Disclosures to the FBI for Counterintelligence Purposes.--
            ``(1) Consumer reports.--Notwithstanding the provisions of 
        section 604, a consumer reporting agency shall furnish a 
        consumer report to the Federal Bureau of Investigation when 
        presented with a written request for a consumer report, signed 
        by the Director of the Federal Bureau of Investigation, or the 
        Director's designee, which certifies compliance with this 
        subsection. The Director or the Director's designee may make 
        such a certification only if the Director or the Director's 
        designee has determined in writing that--
                    ``(A) such records are necessary for the conduct of 
                an authorized foreign counterintelligence 
                investigation; and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the consumer whose 
                consumer report is sought is a foreign power or an 
                agent of a foreign power, as defined in section 101 of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801).
            ``(2) Identifying information.--Notwithstanding the 
        provisions of section 604, a consumer reporting agency shall 
        furnish identifying information respecting a consumer, limited 
        to name, address, former addresses, places of employment, or 
        former places of employment, to the Federal Bureau of 
        Investigation when presented with a written request, signed by 
        the Director or the Director's designee, which certifies 
        compliance with this subsection. The Director or the Director's 
        designee may make such a certification only if the Director or 
        the Director's designee has determined in writing that--
                    ``(A) such information is necessary to the conduct 
                of an authorized counterintelligence investigation; and
                    ``(B) there is information giving reason to believe 
                that the consumer has been, or is about to be, in 
                contact with a foreign power or an agent of a foreign 
                power, as defined in section 101 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
            ``(3) Confidentiality.--No consumer reporting agency or 
        officer, employee, or agent of such consumer reporting agency 
        may disclose to any person, other than those officers, 
        employees, or agents of such agency necessary to fulfill the 
        requirement to disclose information to the Federal Bureau of 
        Investigation under this subsection, that the Federal Bureau of 
        Investigation has sought or obtained a consumer report or 
        identifying information respecting any consumer under paragraph 
        (1) or (2), nor shall such agency, officer, employee, or agent 
        include in any consumer report any information that would 
        indicate that the Federal Bureau of Investigation has sought or 
        obtained such a consumer report or identifying information.
            ``(4) Payment of fees.--The Federal Bureau of Investigation 
        shall, subject to the availability of appropriations, pay to 
        the consumer reporting agency assembling or providing credit 
        reports or identifying information in accordance with 
        procedures established under this title, a fee for 
        reimbursement for such costs as are reasonably necessary and 
        which have been directly incurred in searching, reproducing, or 
        transporting books, papers, records, or other data required or 
        requested to be produced under this subsection.
            ``(5) Limit on dissemination.--The Federal Bureau of 
        Investigation may not disseminate information obtained pursuant 
        to this subsection outside of the Federal Bureau of 
        Investigation, except to the Department of Justice as may be 
        necessary for the approval or conduct of a foreign 
        counterintelligence investigation, or, where the information 
        concerns a person subject to the Uniform Code of Military 
        Justice, to appropriate investigative authorities within the 
        military department concerned as may be necessary for the 
        conduct of a joint foreign counterintelligence investigation.
            ``(6) Rules of construction.--Nothing in this subsection 
        shall be construed to prohibit information from being furnished 
        by the Federal Bureau of Investigation pursuant to a subpoena 
        or court order, or in connection with a judicial or 
        administrative proceeding to enforce the provisions of this 
        Act. Nothing in this subsection shall be construed to authorize 
        or permit the withholding or information from Congress.
            ``(7) Reports to congress.--On a semiannual basis, the 
        Attorney General of the United States shall fully inform the 
        Permanent Select Committee on Intelligence and the Committee on 
        Banking, Finance and Urban Affairs of the House of 
        Representatives, and the Select Committee on Intelligence and 
        the Committee on Banking, Housing, and Urban Affairs of the 
        Senate concerning all requests made pursuant to paragraphs (1) 
        and (2).
            ``(8) Damages.--Any agency or department of the United 
        States obtaining or disclosing credit reports, records, or 
        information contained therein in violation of this subsection 
        is liable to the consumer to whom such records relate in an 
        amount equal to the sum of--
                    ``(A) $100, without regard to the volume of records 
                involved;
                    ``(B) any actual damages sustained by the consumer 
                as a result of the disclosure;
                    ``(C) if the violation is found to have been 
                willful or intentional, such punitive damages as a 
                court may allow; and
                    ``(D) in the case of any successful action to 
                enforce liability under this subsection, the costs of 
                the action, together with reasonable attorney fees, as 
                determined by the court.
            ``(9) Disciplinary actions for violations.--If a court 
        determines that any agency or department of the United States 
        has violated any provision of this subsection and the court 
        finds that the circumstances surrounding the violation raise 
        questions of whether or not an officer or employee of the 
        agency or department acted willfully or intentionally with 
        respect to the violation, the agency or department shall 
        promptly initiate a proceeding to determine whether or not 
        disciplinary action is warranted against the officer or 
        employee who was responsible for the violation.
            ``(10) Good-faith exception.--Any credit reporting agency 
        or agent or employee thereof making disclosure of credit 
        reports or identifying information pursuant to this subsection 
        in good-faith reliance upon a certificate of the Federal Bureau 
        of Investigation pursuant to provisions of this subsection 
        shall not be liable to any person for such disclosure under 
        this title, the constitution of any State, or any law or 
        regulation of any State or any political subdivision of any 
        State.
            ``(11) Limitation of remedies.--The remedies and sanctions 
        set forth in this subsection shall be the only judicial 
        remedies and sanctions for violation of this subsection.
            ``(12) Injunctive relief.--In addition to any other remedy 
        contained in this subsection, injunctive relief shall be 
        available to require compliance with the procedures of this 
        subsection. In the event of any successful action under this 
        subsection, costs together with reasonable attorney fees, as 
        determined by the court, may be recovered.''.
S 2082 RS2----2
S 2082 RS2----3
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