II

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.

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.—

6 (1) IN GENERAL.—Not later than 30 days after

7 the date of enactment of this Act, the President

8 shall take appropriate actions to inform the employ-
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•S 1668 PCS

1 ees of the covered agencies, and employees of con2 tractors carrying out activities under classified con3 tracts with covered agencies, that—

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

5 the disclosure of information described in para6 graph (2) to the individuals referred to in para7 graph (3) is not prohibited by law, executive

8 order, or regulation or otherwise contrary to

9 public policy;

10 (B) the individuals referred to in para11 graph (3) are presumed to have a need to know

12 and to be authorized to receive such informa13 tion; and

14 (C) the individuals referred to in para15 graph (3) may receive information so disclosed

16 only in their capacity as members of the com17 mittees concerned.

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

19 applies to information, including classified informa20 tion, that an employee reasonably believes to provide

21 direct and specific evidence of—

22 (A) a violation of any law, rule, or regula23 tion;

24 (B) a false statement to Congress on an

25 issue of material fact; or
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1 (C) gross mismanagement, a gross waste

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

3 substantial and specific danger to public health

4 or safety.

5 (3) COVERED INDIVIDUALS.—The individuals to

6 whom information described in paragraph (2) may

7 be disclosed are the members of a committee of Con8 gress having as its primary responsibility the over9 sight of a department, agency, or element of the

10 Federal Government to which such information re11 lates.

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

13 to information otherwise described in paragraph (2)

14 if the disclosure of the information is prohibited by

15 Rule 6(e) of the Federal Rules of Criminal Proce16 dure.

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

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

19 Congress a report on the actions taken under subsection

20 (a).

21 (c) CONSTRUCTION WITH OTHER REPORTING RE22 QUIREMENTS.—Nothing in this section may be construed

23 to modify, alter, or otherwise affect any reporting require24 ment relating to intelligence activities that arises under
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1 the National Security Act of 1947 (50 U.S.C. 401 et seq.)

2 or any other provision of law.

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

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

5 (1) The Central Intelligence Agency.

6 (2) The Defense Intelligence Agency.

7 (3) The National Imagery and Mapping Agen8 cy.

9 (4) The National Security Agency.

10 (5) The Federal Bureau of Investigation.

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

12 unit thereof, determined by the President under sec13 tion 2302(a)(2)(C)(ii) of title 5, United States Code,

14 to have as its principal function the conduct of for15 eign 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