I

105TH CONGRESS

2D SESSION S. 1668

IN THE HOUSE OF REPRESENTATIVES

MARCH 10, 1998

Referred to the Permanent Select Committee on Intelligence

AN ACT

To encourage the disclosure to Congress of certain classified

and related information.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ENCOURAGEMENT OF DISCLOSURE OF CER4 TAIN INFORMATION TO CONGRESS.

5 (a) ENCOURAGEMENT.—
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1 (1) IN GENERAL.—Not later than 30 days after

2 the date of enactment of this Act, the President

3 shall take appropriate actions to inform the employ4 ees of the covered agencies, and employees of con5 tractors carrying out activities under classified con6 tracts with covered agencies, that—

7 (A) except as provided in paragraph (4),

8 the disclosure of information described in para9 graph (2) to the individuals referred to in para10 graph (3) is not prohibited by law, executive

11 order, or regulation or otherwise contrary to

12 public policy;

13 (B) the individuals referred to in para14 graph (3) are presumed to have a need to know

15 and to be authorized to receive such informa16 tion; and

17 (C) the individuals referred to in para18 graph (3) may receive information so disclosed

19 only in their capacity as members of the com20 mittees concerned.

21 (2) COVERED INFORMATION.—Paragraph (1)

22 applies to information, including classified informa23 tion, that an employee reasonably believes to provide

24 direct and specific evidence of—
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1 (A) a violation of any law, rule, or regula2 tion;

3 (B) a false statement to Congress on an

4 issue of material fact; or

5 (C) gross mismanagement, a gross waste

6 of funds, a flagrant abuse of authority, or a

7 substantial and specific danger to public health

8 or safety.

9 (3) COVERED INDIVIDUALS.—The individuals to

10 whom information described in paragraph (2) may

11 be disclosed are the members of a committee of Con12 gress having as its primary responsibility the over13 sight of a department, agency, or element of the

14 Federal Government to which such information re15 lates.

16 (4) SCOPE.—Paragraph (1)(A) does not apply

17 to information otherwise described in paragraph (2)

18 if the disclosure of the information is prohibited by

19 Rule 6(e) of the Federal Rules of Criminal Proce20 dure.

21 (b) REPORT.—Not later than 60 days after the date

22 of enactment of this Act, the President shall submit to

23 Congress a report on the actions taken under subsection

24 (a).
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1 (c) CONSTRUCTION WITH OTHER REPORTING RE2 QUIREMENTS.—Nothing in this section may be construed

3 to modify, alter, or otherwise affect any reporting require4 ment relating to intelligence activities that arises under

5 the National Security Act of 1947 (50 U.S.C. 401 et seq.)

6 or any other provision of law.

7 (d) COVERED AGENCIES DEFINED.—In this section,

8 the term ‘‘covered agencies’’ means the following:

9 (1) The Central Intelligence Agency.

10 (2) The Defense Intelligence Agency.

11 (3) The National Imagery and Mapping Agen12 cy.

13 (4) The National Security Agency.

14 (5) The Federal Bureau of Investigation.

15 (6) Any other Executive agency, or element or

16 unit thereof, determined by the President under sec17 tion 2302(a)(2)(C)(ii) of title 5, United States Code,

18 to have as its principal function the conduct of for19 eign intelligence or counterintelligence activities.

Passed the Senate March 9, 1998.

Attest: GARY SISCO,

Secretary.