`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1668 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 313
105th CONGRESS
  2d Session
                                S. 1668

                          [Report No. 105-165]

   To encourage the disclosure to Congress of certain classified and 
                          related information.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 1998

  Mr. Shelby, from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
   To encourage the disclosure to Congress of certain classified and 
                          related information.

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

SECTION 1. ENCOURAGEMENT OF DISCLOSURE OF CERTAIN INFORMATION TO 
              CONGRESS.

    (a) Encouragement.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the President shall take appropriate 
        actions to inform the employees of the covered agencies, and 
        employees of contractors carrying out activities under 
        classified contracts with covered agencies, that--
                    (A) except as provided in paragraph (4), the 
                disclosure of information described in paragraph (2) to 
                the individuals referred to in paragraph (3) is not 
                prohibited by law, executive order, or regulation or 
                otherwise contrary to public policy;
                    (B) the individuals referred to in paragraph (3) 
                are presumed to have a need to know and to be 
                authorized to receive such information; and
                    (C) the individuals referred to in paragraph (3) 
                may receive information so disclosed only in their 
                capacity as members of the committees concerned.
            (2) Covered information.--Paragraph (1) applies to 
        information, including classified information, that an employee 
        reasonably believes to provide direct and specific evidence 
        of--
                    (A) a violation of any law, rule, or regulation;
                    (B) a false statement to Congress on an issue of 
                material fact; or
                    (C) gross mismanagement, a gross waste of funds, a 
                flagrant abuse of authority, or a substantial and 
                specific danger to public health or safety.
            (3) Covered individuals.--The individuals to whom 
        information described in paragraph (2) may be disclosed are the 
        members of a committee of Congress having as its primary 
        responsibility the oversight of a department, agency, or 
        element of the Federal Government to which such information 
        relates.
            (4) Scope.--Paragraph (1)(A) does not apply to information 
        otherwise described in paragraph (2) if the disclosure of the 
        information is prohibited by Rule 6(e) of the Federal Rules of 
        Criminal Procedure.
    (b) Report.--Not later than 60 days after the date of enactment of 
this Act, the President shall submit to Congress a report on the 
actions taken under subsection (a).
    (c) Construction With Other Reporting Requirements.--Nothing in 
this section may be construed to modify, alter, or otherwise affect any 
reporting requirement relating to intelligence activities that arises 
under the National Security Act of 1947 (50 U.S.C. 401 et seq.) or any 
other provision of law.
    (d) Covered Agencies Defined.--In this section, the term ``covered 
agencies'' means the following:
            (1) The Central Intelligence Agency.
            (2) The Defense Intelligence Agency.
            (3) The National Imagery and Mapping Agency.
            (4) The National Security Agency.
            (5) The Federal Bureau of Investigation.
            (6) Any other Executive agency, or element or unit thereof, 
        determined by the President under section 2302(a)(2)(C)(ii) of 
        title 5, United States Code, to have as its principal function 
        the conduct of foreign intelligence or counterintelligence 
        activities.
                                     





                                                       Calendar No. 313

105th CONGRESS

  2d Session

                                S. 1668

                          [Report No. 105-165]

_______________________________________________________________________

                                 A BILL

   To encourage the disclosure to Congress of certain classified and 
                          related information.

_______________________________________________________________________

                           February 23, 1998

  Reported from the Select Committee on Intelligence, read twice, and 
                         placed on the calendar`