II

103D CONGRESS

2D SESSION S. 2082

[Report No. 103–256]

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

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.

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 ‘‘Intelligence Authoriza5 tion Act for Fiscal Year 1995’’.
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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 1995 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 Department of the Army, the Depart14 ment of the Navy, and the Department of the Air

15 Force.

16 (7) The Department of State.

17 (8) The Department of the Treasury.

18 (9) The Department of Energy.

19 (10) The Federal Bureau of Investigation.

20 (11) The Central Imagery Office.

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, 1995, for the conduct of intelligence
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1 activities of the elements listed in such section, are those

2 specified in the classified Schedule of Authorizations pre3 pared by the committee of conference to accompany S.

4 2082 of the One Hundred Third Congress.

5 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU6 THORIZATIONS.—The Schedule of Authorizations de7 scribed in subsection (a) shall be made available to the

8 Committees on Appropriations of the Senate and House

9 of Representatives and to the President. The President

10 shall provide for suitable distribution of the Schedule, or

11 of appropriate portions of the Schedule, within the execu12 tive branch of Government.

13 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

14 (a) AUTHORITY FOR ADJUSTMENTS.—The Director

15 of Central Intelligence may authorize the employment of

16 civilian personnel in excess of the number of such person17 nel authorized for employment for fiscal year 1995 under

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

19 such action is necessary to the performance of important

20 intelligence functions, except that such number may not,

21 for any element of the intelligence community, exceed 2

22 percent of the number of civilian personnel authorized

23 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 subsection (a).

5 (c) INTELLIGENCE COMMUNITY DEFINED.—As used

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

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

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

9 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated for the Community Manage12 ment Account of the Director of Central Intelligence for

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

14 made available under this subsection, funds made avail15 able for the Advanced Research and Development Com16 mittee and the Environmental Task Force are authorized

17 to remain available until September 30, 1996.

18 (b) AUTHORIZED PERSONNEL LEVELS.—The Com19 munity Management Account of the Director of Central

20 Intelligence is authorized 221 full-time personnel as of

21 September 30, 1995. Such personnel of the Community

22 Management Account may be permanent employees of the

23 Community Management Account or personnel detailed

24 from other elements of the United States Government.
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1 (c) REIMBURSEMENT.—During fiscal year 1995, any

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

3 the Armed Forces who is detailed to the Community Man4 agement Account staff from another element of the United

5 States Government shall be detailed on a reimbursable

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

7 may be detailed on a nonreimbursable basis for a period

8 of less than 1 year for the performance of temporary func9 tions as required by the Director of Central Intelligence.

10 TITLE II—CENTRAL INTEL11 LIGENCE AGENCY RETIRE12 MENT AND DISABILITY SYS13 TEM

14 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

15 There is authorized to be appropriated for the

16 Central Intelligence Agency Retirement and Disability

17 Fund for fiscal year 1995 the sum of $198,000,000.

18 TITLE III—GENERAL

19 PROVISIONS

20 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

21 BENEFITS AUTHORIZED BY LAW.

22 In addition to amounts authorized to be appropriated

23 by this Act for the salary, pay, retirement, and other bene24 fits of Federal employees, there are authorized to be ap25 propriated such additional or supplemental amounts as
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1 may be necessary to cover increases in those benefits au2 thorized by law for fiscal year 1995.

3 SEC. 302. RESTRICTION ON THE CONDUCT OF INTEL4 LIGENCE ACTIVITIES.

5 The authorizations of appropriations contained in

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

7 intelligence activity which is not otherwise authorized by

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

9 the United States.

10 SEC. 303. REPEAL OF RESTRICTION ON INTELLIGENCE CO11 OPERATION WITH SOUTH AFRICA.

12 Section 107 of the Intelligence Authorization Act for

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

14 SEC. 304. REPORT REGARDING MANDATORY RETIREMENT

15 FOR EXPIRATION OF TIME IN CLASS.

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

17 1, 1994, the Director of Central Intelligence shall submit

18 to the intelligence committees of Congress a report setting

19 forth a legislative proposal, coordinated as appropriate

20 with elements of the intelligence community, which would

21 provide for mandatory retirement for expiration of time

22 in class, comparable to the applicable provisions of section

23 607 of the Foreign Service Act of 1980 (22 U.S.C. 4007),

24 for all civilian employees of the Central Intelligence Agen25 cy, the National Security Agency, the Defense Intelligence
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1 Agency, and the intelligence elements of the Army, Navy,

2 Air Force, and Marine Corps.

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

4 (1) the term ‘‘intelligence committees of Con5 gress’’ means the Select Committee on Intelligence

6 of the Senate and the Permanent Select Committee

7 on Intelligence of the House of Representatives; and

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

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

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

11 401(4)).

12 TITLE IV—CENTRAL

13 INTELLIGENCE AGENCY

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

15 1949.

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

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

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

19 of vicious habits, intemperance, or misconduct on his

20 part,’’ each place it appears.

21 SEC. 402. GENERAL COUNSEL OF THE CENTRAL INTEL22 LIGENCE AGENCY.

23 (a) POSITION ESTABLISHED.—The Central Intel24 ligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is

25 amended by adding at the end the following new section:
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1 ‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE

2 AGENCY

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

4 Central Intelligence Agency appointed from civilian life by

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

6 Senate.

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

8 Agency is the chief legal officer of the Central Intelligence

9 Agency.

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

11 Agency shall perform such functions as the Director of

12 Central Intelligence may prescribe.’’.

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

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

15 following:

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

17 TITLE V—DEPARTMENT OF

18 DEFENSE

19 SEC. 501. CENTRAL IMAGERY OFFICE.

20 (a) AMENDMENTS OF THE NATIONAL SECURITY ACT

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

22 Act of 1947 (50 U.S.C. 403–5(b)(2)) is amended by strik23 ing ‘‘a central imagery authority’’ and inserting in lieu

24 thereof ‘‘the Central Imagery Office’’.
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1 (2) Section 106(b) of such Act (50 U.S.C. 403–6(b))

2 is amended—

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

4 ‘‘CENTRAL IMAGERY AUTHORITY’’ and inserting in

5 lieu thereof ‘‘CENTRAL IMAGERY OFFICE’’; and

6 (B) by striking out ‘‘Central Imagery Author7 ity’’ and inserting in lieu thereof ‘‘Central Imagery

8 Office’’.

9 (b) CIVILIAN PERSONNEL MANAGEMENT FOR THE

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

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

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

13 States Code, pertaining to civilian officers and employees

14 in the Defense Intelligence Agency, with respect to civilian

15 officers and employees of the Central Imagery Office.

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

17 officers and employees of the Central Imagery Office shall

18 remain a responsibility of the Defense Intelligence Agency.

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

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

21 officers and employees of the Central Imagery Office, be

22 delegated by the Secretary of Defense only to the Deputy

23 Secretary of Defense.
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1 SEC. 502. PUBLIC AVAILABILITY OF CERTAIN MAPS,

2 CHARTS, AND GEODETIC DATA.

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

4 is amended by inserting ‘‘jeopardize or interfere with on5 going military or intelligence operations, or’’ after ‘‘dis6 closed,’’.

7 SEC. 503. AUTHORITY TO ESTABLISH A NATIONAL PUBLIC

8 INFORMATION CENTER.

9 Of the funds made available to the Secretary of De10 fense under this Act, the Secretary is authorized during

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

12 establish a National Public Information Center for the

13 purpose of—

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

15 and presenting unclassified information, including

16 information retained by Government agencies as of

17 the date of enactment of this Act;

18 (2) providing support for training in decision19 making, and for professional education in the De20 partment of Defense and the intelligence community

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

22 Act of 1947); and

23 (3) informing more broadly the American pub24 lic.
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1 TITLE VI—FEDERAL BUREAU OF

2 INVESTIGATION

3 SEC. 601. DISCLOSURE OF CONSUMER CREDIT REPORTS

4 FOR COUNTERINTELLIGENCE PURPOSES.

5 Section 608 of the Fair Credit Reporting Act (15

6 U.S.C. 1681f) is amended—

7 (1) by striking ‘‘Notwithstanding’’ and insert8 ing ‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING IN9 FORMATION.—Notwithstanding’’; and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(b) DISCLOSURES TO THE FBI FOR COUNTER13 INTELLIGENCE PURPOSES.—

14 ‘‘(1) CONSUMER REPORTS.—Notwithstanding

15 the provisions of section 604, a consumer reporting

16 agency shall furnish a consumer report to the Fed17 eral Bureau of Investigation when presented with a

18 written request for a consumer report, signed by the

19 Director of the Federal Bureau of Investigation, or

20 the Director’s designee, which certifies compliance

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

22 designee may make such a certification only if the

23 Director or the Director’s designee has determined

24 in writing that—
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1 ‘‘(A) such records are necessary for the

2 conduct of an authorized foreign counterintel3 ligence investigation; and

4 ‘‘(B) there are specific and articulable

5 facts giving reason to believe that the consumer

6 whose consumer report is sought is a foreign

7 power or an agent of a foreign power, as de8 fined in section 101 of the Foreign Intelligence

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

10 ‘‘(2) IDENTIFYING INFORMATION.—Notwith11 standing the provisions of section 604, a consumer

12 reporting agency shall furnish identifying informa13 tion respecting a consumer, limited to name, ad14 dress, former addresses, places of employment, or

15 former places of employment, to the Federal Bureau

16 of Investigation when presented with a written re17 quest, signed by the Director or the Director’s des18 ignee, which certifies compliance with this sub19 section. The Director or the Director’s designee may

20 make such a certification only if the Director or the

21 Director’s designee has determined in writing that—

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

23 conduct of an authorized counterintelligence in24 vestigation; and
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1 ‘‘(B) there is information giving reason to

2 believe that the consumer has been, or is about

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

4 agent of a foreign power, as defined in section

5 101 of the Foreign Intelligence Surveillance Act

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

7 ‘‘(3) CONFIDENTIALITY.—No consumer report8 ing agency or officer, employee, or agent of such

9 consumer reporting agency may disclose to any per10 son, other than those officers, employees, or agents

11 of such agency necessary to fulfill the requirement

12 to disclose information to the Federal Bureau of In13 vestigation under this subsection, that the Federal

14 Bureau of Investigation has sought or obtained a

15 consumer report or identifying information respect16 ing any consumer under paragraph (1) or (2), nor

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

18 in any consumer report any information that would

19 indicate that the Federal Bureau of Investigation

20 has sought or obtained such a consumer report or

21 identifying information.

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

23 of Investigation shall, subject to the availability of

24 appropriations, pay to the consumer reporting agen25 cy assembling or providing credit reports or identify-
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1 ing information in accordance with procedures estab2 lished under this title, a fee for reimbursement for

3 such costs as are reasonably necessary and which

4 have been directly incurred in searching, reproduc5 ing, or transporting books, papers, records, or other

6 data required or requested to be produced under this

7 subsection.

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

9 Bureau of Investigation may not disseminate infor10 mation obtained pursuant to this subsection outside

11 of the Federal Bureau of Investigation, except to the

12 Department of Justice as may be necessary for the

13 approval or conduct of a foreign counterintelligence

14 investigation, or, where the information concerns a

15 person subject to the Uniform Code of Military Jus16 tice, to appropriate investigative authorities within

17 the military department concerned as may be nec18 essary for the conduct of a joint foreign counter19 intelligence investigation.

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

21 this subsection shall be construed to prohibit infor22 mation from being furnished by the Federal Bureau

23 of Investigation pursuant to a subpoena or court

24 order, or in connection with a judicial or administra25 tive proceeding to enforce the provisions of this Act.
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1 Nothing in this subsection shall be construed to au2 thorize or permit the withholding or information

3 from Congress.

4 ‘‘(7) REPORTS TO CONGRESS.—On a semi5 annual basis, the Attorney General of the United

6 States shall fully inform the Permanent Select Com7 mittee on Intelligence and the Committee on Bank8 ing, Finance and Urban Affairs of the House of

9 Representatives, and the Select Committee on Intel10 ligence and the Committee on Banking, Housing,

11 and Urban Affairs of the Senate concerning all re12 quests made pursuant to paragraphs (1) and (2).

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

14 the United States obtaining or disclosing credit re15 ports, records, or information contained therein in

16 violation of this subsection is liable to the consumer

17 to whom such records relate in an amount equal to

18 the sum of—

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

20 of records involved;

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

22 consumer as a result of the disclosure;

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

24 willful or intentional, such punitive damages as

25 a court may allow; 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 attorney

4 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 disclosure of credit reports or identifying informa20 tion pursuant to this subsection in good-faith reli21 ance upon a certificate of 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 tion 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 fees, as determined

13 by the court, may be recovered.’’.

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