103D CONGRESS

1ST SESSION H. R. 2330

AMENDMENT
In the Senate of the United States,

November 8 (legislative day, November 2), 1993.

Resolved, That the bill from the House of Representatives (H.R. 2330) entitled ‘‘An Act to authorize appropriations for fiscal year 1994 for the intelligence and intelligencerelated activities of the United States Government, the Community Management Account, and the Central Intelligence

Agency Retirement and Disability System, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In3 telligence Authorization Act for Fiscal Year 1994’’.

4 (b) TABLE OF CONTENTS.—The table of contents for

5 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Community Management Account.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

Sec. 202. Technical corrections.

TITLE III—GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by law.

Sec. 302. Restriction on conduct of intelligence activities.
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Sec. 303. Temporary pay retention for certain FBI employees.

Sec. 304. Report on intelligence gaps.

Sec. 305. Amendment to section 307 of the National Security Act and ratification

of a past transaction.

Sec. 306. Sense of Congress regarding disclosure of annual intelligence budget.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

Sec. 401. General Counsel of the Central Intelligence Agency.

Sec. 402. Technical amendments to the CIA Act and National Security Act.

TITLE V—DEPARTMENT OF DEFENSE

Sec. 501. Foreign language proficiency pay for members of the reserve components

of the Armed Forces.

Sec. 502. National Security Education Trust Fund.

TITLE VI—FEDERAL BUREAU OF INVESTIGATION

Sec. 601. Federal Bureau of Investigation counterintelligence access to consumer

credit records.

1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for fis5 cal year 1994 for the conduct of the intelligence activities

6 of the following elements of the United States Government:

7 (1) The Central Intelligence Agency.

8 (2) The Department of Defense.

9 (3) The Defense Intelligence Agency.

10 (4) The National Security Agency.

11 (5) The National Reconnaissance Office.

12 (6) The Central Imagery Office.

13 (7) The Department of the Army, the Depart14 ment of the Navy, and the Department of the Air

15 Force.

16 (8) The Department of State.
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1 (9) The Department of the Treasury.

2 (10) The Department of Energy.

3 (11) The Federal Bureau of Investigation.

4 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

5 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

6 CEILINGS.—The amounts authorized to be appropriated

7 under section 101, and the authorized personnel ceilings as

8 of September 30, 1994, for the conduct of the intelligence

9 activities of the elements listed in such section, are those

10 specified in the classified Schedule of Authorizations pre11 pared by the Select Committee on Intelligence of the Senate

12 to accompany (S. 1301) of the One Hundred Third Con13 gress.

14 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU15 THORIZATIONS.—The Schedule of Authorizations shall be

16 made available to the Committee on Appropriations of the

17 Senate and the Committee on Appropriations of the House

18 of Representatives and to the President. The President shall

19 provide for suitable distribution of the Schedule, or of ap20 propriate portions of the Schedule, within the executive

21 branch.

22 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

23 (a) AUTHORITY FOR ADJUSTMENTS.—The Director of

24 Central Intelligence may authorize employment of civilian

25 personnel in excess of the number authorized for fiscal year
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1 1994 under section 102 of this Act whenever the Director

2 determines that such action is necessary for the performance

3 of important intelligence functions, except that such number

4 may not, for any element of the intelligence community,

5 exceed 2 percent of the number of civilian personnel author6 ized under such section for such element.

7 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di8 rector of Central Intelligence shall promptly notify the Per9 manent Select Committee on Intelligence of the House of

10 Representatives and the Select Committee on Intelligence of

11 the Senate whenever the Director exercises the authority

12 granted by this section.

13 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

14 (a) AUTHORIZATIONS OF APPROPRIATIONS.—There is

15 authorized to be appropriated for the Community Manage16 ment Account of the Director of Central Intelligence for fis17 cal year 1994 the sum of $144,588,000. Within such

18 amounts authorized, amounts identified for the Advanced

19 Research and Development Committee shall remain avail20 able for obligation through September 30, 1995.

21 (b) AUTHORIZED PERSONNEL LEVELS.—The Commu22 nity Management Account of the Director of Central Intel23 ligence is authorized 237 full-time personnel as of Septem24 ber 30, 1994. Such personnel of the Community Manage25 ment Account may be permanent employees of the Commu-
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1 nity Management Account or personnel detailed from other

2 elements of the United States Government.

3 (c) REIMBURSEMENT.—During fiscal year 1994, any

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

5 Armed Forces who is detailed to the Community Manage6 ment Account from another element of the United States

7 Government shall be detailed on a reimbursable basis, ex8 cept that any such officer, employee, or member may be de9 tailed on a nonreimbursable basis for a period of less than

10 1 year for the performance of temporary functions as re11 quired by the Director of Central Intelligence.

12 TITLE II—CENTRAL INTEL13 LIGENCE AGENCY RETIRE14 MENT AND DISABILITY SYS15 TEM

16 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

17 There is authorized to be appropriated for the Central

18 Intelligence Agency Retirement and Disability Fund for fis19 cal year 1994 the sum of $182,300,000.

20 SEC. 202. TECHNICAL CORRECTIONS.

21 (a) CORRECTIONS.—The Central Intelligence Agency

22 Retirement Act (50 U.S.C. 2001 et seq.) is amended as fol23 lows:

24 (1) In section 101(7)—
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1 (A) strike out the comma after ‘‘basic pay’’

2 and insert in lieu thereof ‘‘and’’; and

3 (B) strike out ‘‘, and interest determined

4 under section 281’’.

5 (2) In section 201(c), strike out ‘‘proviso of sec6 tion 102(d)(3) of the National Security Act of 1947,

7 (50 U.S.C. 403(d)(3))’’ and insert in lieu thereof ‘‘re8 quirement in section 103(c)(5) of the National Secu9 rity Act of 1947 (50 U.S.C. 403–3(c)(5))’’.

10 (3) In section 211(c)(2)(B), strike out ‘‘the re11 quirement under section 241(b)(4)’’ and insert in lieu

12 thereof ‘‘prior notification of a current spouse, if any,

13 unless notification is waived under circumstances de14 scribed in section 221(b)(1)(D)’’.

15 (4) In section 221—

16 (A) in subsection (a)(4), strike out ‘‘(or, in

17 the case of an annuity computed under section

18 232 and based on less than 3 years, over the

19 total service)’’;

20 (B) in subsection (f)(1)(A)—

21 (i) insert ‘‘after the participant’s

22 death’’ before the period at the end of the

23 first sentence; and

24 (ii) strike out ‘‘after the participant’s

25 death’’ in the second sentence;
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1 (C) in subsection (g)(1), strike out ‘‘(or is

2 remarried’’ and insert in lieu thereof ‘‘(or is re3 married,’’; and

4 (D) In subsection (j), strike out ‘‘(except as

5 provided in paragraph (2))’’.

6 (5) In section 222—

7 (A) in subsection (a)(7), strike out ‘‘any

8 other annuity’’ the first time it appears and in9 sert in lieu thereof ‘‘any survivor annuity’’;

10 (B) in subsection (c)(3)(C), insert ‘‘the par11 ticipant’’ before ‘‘or does not qualify’’; and

12 (C) in subsection (c)(4), strike out ‘‘shall

13 terminate’’ and all that follows and insert in

14 lieu thereof ‘‘in the case of a spouse, shall termi15 nate on the last day of the month before the

16 spouse dies, and, in the case of a former spouse,

17 shall terminate on the last day of the month be18 fore the former spouse dies, or on the last day of

19 the month before the former spouse remarries be20 fore attaining age 55’’.

21 (6) In section 224(c)(1)(B)(i), strike out ‘‘former

22 participant’’ and insert in lieu thereof ‘‘retired par23 ticipant’’.

24 (7) In section 225(c)—
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1 (A) in paragraph (3), strike out ‘‘any other

2 annuity’’ the first time it appears and insert in

3 lieu thereof ‘‘any survivor annuity’’; and

4 (B) in paragraph (4)(A), strike out ‘‘1991’’

5 and insert in lieu thereof ‘‘1990’’.

6 (8) In section 231(d)(2), strike out ‘‘241(b)’’ and

7 insert in lieu thereof ‘‘241(a)’’.

8 (9) In section 232(b)(4), strike out ‘‘section 222’’

9 and insert in lieu thereof ‘‘section 224’’.

10 (10) In section 234(b), strike out ‘‘sections 241

11 and 281’’ and insert in lieu thereof ‘‘section 241’’.

12 (11) In section 241—

13 (A) in subsection (c), strike out ‘‘A lump14 sum benefit that would have been payable to a

15 participant, former participant, or annuitant,

16 or to a survivor annuitant, authorized by sub17 section (d) or (e) of this section or by section

18 234(b) or 281(d)’’ and insert in lieu thereof ‘‘A

19 lump-sum payment authorized by subsection (d)

20 or (e) of this section or by section 281(d) and a

21 payment of accrued and unpaid annuity author22 ized by subsection (f) of this section’’;

23 (B) redesignate subsection (f) as subsection

24 (g); and
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1 (C) insert after subsection (e) the following

2 new subsection (f):

3 ‘‘(f) PAYMENT OF ACCRUED AND UNPAID ANNUITY

4 WHEN RETIRED PARTICIPANT DIES.—If a retired partici5 pant dies, any annuity accrued and unpaid shall be paid

6 in accordance with subsection (c).’’.

7 (12) In section 264(b)—

8 (A) in paragraph (2), insert ‘‘and’’ after the

9 semicolon at the end;

10 (B) in paragraph (3), strike out ‘‘and to

11 any payment of a return of contributions under

12 section 234(a); and’’ and insert in lieu thereof ‘‘,

13 and the amount of any such payment;’’; and

14 (C) strike out paragraph (4).

15 (13) In section 265, strike out ‘‘Act’’ each place

16 it appears and insert in lieu thereof ‘‘title’’.

17 (14) In section 291(b)(2), strike out ‘‘or section

18 232(c)’’.

19 (15) In section 304(i)(1), strike out ‘‘section

20 102(a)(3)’’ and insert in lieu thereof ‘‘section

21 102(a)(4)’’.

22 (b) RETROACTIVE EFFECTIVE DATE.—The amend23 ments made by subsection (a) shall be effective as of Feb24 ruary 1, 1993.
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1 TITLE III—GENERAL

2 PROVISIONS

3 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

4 BENEFITS AUTHORIZED BY LAW.

5 There are authorized to be appropriated to carry out

6 the purposes of this Act such additional amounts for fiscal

7 year 1994 as may be necessary for increases in salary, pay,

8 retirement, and other employee benefits authorized by law.

9 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

10 ACTIVITIES.

11 The authorization of appropriations in this Act does

12 not constitute authority for the conduct of any intelligence

13 activity which is not otherwise authorized by the Constitu14 tion or the laws of the United States.

15 SEC. 303. TEMPORARY PAY RETENTION FOR CERTAIN FBI

16 EMPLOYEES.

17 The Federal Employees Pay Comparability Act of

18 1990 as contained in section 529 of the Treasury, Postal

19 Service and General Government Appropriations Act, 1991

20 (Public Law 101–509) is amended by striking section 406

21 and inserting in lieu thereof:

22 ‘‘SEC. 406. FBI NEW YORK FIELD DIVISION.

23 ‘‘(a) No employee of the Federal Bureau of Investiga24 tion assigned to the New York Field Division prior to Sep25 tember 29, 1993 in a position covered by the demonstration
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1 project created by section 601 of the Intelligence Authoriza2 tion Act for Fiscal Year 1989 (Public Law 100–453), as

3 amended, shall have his or her total pay reduced as a result

4 of the termination of the demonstration project, unless that

5 employee ceases or has ceased at any time after that date

6 to be employed in a position covered by the demonstration

7 project: Provided, That, beginning on September 30, 1993,

8 any periodic payment under section 602(a)(2) of the Intel9 ligence Authorization Act for Fiscal Year 1989 for any such

10 employee shall be reduced by the amount of any increase

11 in basic pay under title 5, United States Code, including

12 an annual adjustment under section 5303, locality-based

13 comparability payment under section 5304, initiation or

14 increase in a special pay rate under section 5305, pro15 motion under section 5334, periodic step increase under sec16 tion 5335, merit increase under section 5404, or other in17 crease to basic pay under any provision of law.

18 ‘‘(b) The amendment made by subsection (a) shall take

19 effect as of September 30, 1993, and shall apply to the pay

20 of employees to whom the amendment applies that is earned

21 on or after that date.’’.

22 SEC. 304. REPORT ON INTELLIGENCE GAPS.

23 (a) REPORT.—The Director of Central Intelligence and

24 the Secretary of Defense jointly shall prepare and submit

25 by February 15, 1994, to the Select Committee on Intel-
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1 ligence, the Committee on Armed Services, and the Commit2 tee on Appropriations of the Senate, and to the Permanent

3 Select Committee on Intelligence, the Committee on Armed

4 Services, and the Committee on Appropriations of the

5 House of Representatives a report described in subsection

6 (b).

7 (b) CONTENTS OF REPORT.—The report required by

8 subsection (a) shall—

9 (1) identify and assess the critical gaps between

10 the information needs of the United States Govern11 ment and intelligence collection capabilities, to in12 clude the identification of topics and areas of the

13 world of significant interest to the United States to

14 which the application of additional resources, tech15 nology, or other efforts would generate new informa16 tion of high priority to senior officials of the United

17 States Government;

18 (2) identify and assess gaps in the ability of the

19 intelligence community (as defined in section 3(4) of

20 the National Security Act of 1947) to provide intel21 ligence support needed by the Armed Forces of the

22 United States and, in particular, by the commanders

23 of combatant commands established under section

24 161(a) of title 10, United States Code; and
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1 (3) contain joint recommendations of the Direc2 tor of Central Intelligence and the Secretary of De3 fense on appropriate means, to include specific budg4 etary adjustments, for reducing or eliminating the

5 gaps identified under paragraphs (1) and (2).

6 SEC. 305. AMENDMENT TO SECTION 307 OF THE NATIONAL

7 SECURITY ACT AND RATIFICATION OF A PAST

8 TRANSACTION.

9 (a) AMENDMENT TO SECTION 307 OF THE NATIONAL

10 SECURITY ACT OF 1947.—Section 307 of the National Secu11 rity Act of 1947 is amended by striking ‘‘provisions and

12 purposes of this Act’’ and inserting in lieu thereof ‘‘provi13 sions and purposes of this Act (other than the provisions

14 and purposes of sections 102, 103, 104, 105 and titles V,

15 VI, and VII)’’.

16 (b) RATIFICATION OF FUNDING TRANSACTION.—Funds

17 obligated or expended for the Accelerated Architecture Ac18 quisition Initiative of the Plan to Improve the Imagery

19 Ground Architecture based upon the notification to the ap20 propriate committees of Congress by the Director of Central

21 Intelligence dated August 16, 1993 shall be deemed to have

22 been specifically authorized by the Congress for purposes of

23 section 504(a)(3) of the National Security Act of 1947.
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1 SEC. 306. SENSE OF CONGRESS REGARDING DISCLOSURE

2 OF ANNUAL INTELLIGENCE BUDGET.

3 It is the sense of Congress that, in each year, the aggre4 gate amount requested and authorized for, and spent on,

5 intelligence and intelligence-related activities should be dis6 closed to the public in an appropriate manner.

7 TITLE IV—CENTRAL

8 INTELLIGENCE AGENCY

9 SEC. 401. GENERAL COUNSEL OF THE CENTRAL INTEL10 LIGENCE AGENCY.

11 (a) POSITION ESTABLISHED.—The Central Intel12 ligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is

13 amended by adding at the end the following:

14 ‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE

15 AGENCY

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

17 Intelligence Agency appointed from civilian life by the

18 President, by and with the advice and consent of the Senate.

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

20 Agency is the chief legal officer of the Central Intelligence

21 Agency.

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

23 Agency shall perform such functions as the Director of

24 Central Intelligence may prescribe.’’.
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1 (b) PAY FOR POSITION.—Section 5315 of title 5, Unit2 ed States Code, is amended by adding at the end the follow3 ing:

4 ‘‘General Counsel of the Central Intelligence

5 Agency.’’.

6 (c) EFFECTIVE DATE.—The amendments made by this

7 section shall take effect one year after the date of the enact8 ment of this Act.

9 SEC. 402. TECHNICAL AMENDMENTS TO THE CIA ACT AND

10 NATIONAL SECURITY ACT.

11 (a) AMENDMENTS TO CIA ACT.—The Central Intel12 ligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is

13 amended as follows:

14 (1) In section 5(a)—

15 (A) strike out ‘‘Bureau of the Budget’’ and

16 insert ‘‘Office of Management and Budget’’; and

17 (B) strike out ‘‘sections 102 and 303’’ and

18 insert in lieu thereof ‘‘subparagraphs (B) and

19 (C) of section 102(a)(2), subsections (c)(5) and

20 (d) of section 103, subsections (a) and (g) of sec21 tion 104, and section 303’’.

22 (2) In section 6, strike out ‘‘section 102(d)(3)’’

23 and insert in lieu thereof ‘‘section 103(c)(5)’’.

24 (3) In section 19(b)—
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1 (A) strike out ‘‘231’’ in the subsection head2 ing and in the matter after clause (iv) and in3 sert in lieu thereof ‘‘232’’; and

4 (B) strike out ‘‘(50 U.S.C. 403 note)’’.

5 (b) AMENDMENTS TO NATIONAL SECURITY ACT.—Sec6 tion 103(d)(3) of the National Security Act of 1947 is

7 amended by striking out ‘‘providing’’ and inserting in lieu

8 thereof ‘‘provide’’.

9 TITLE V—DEPARTMENT OF

10 DEFENSE

11 SEC. 501. FOREIGN LANGUAGE PROFICIENCY PAY FOR MEM12 BERS OF THE RESERVE COMPONENTS OF THE

13 ARMED FORCES.

14 (a) BONUS AUTHORIZED.—Section 316(c) of title 37,

15 United States Code, is amended by striking out paragraphs

16 (1) and (2) and inserting in lieu thereof the following:

17 ‘‘(1) Under regulations prescribed by the Secretary

18 concerned, when a member of a reserve component who is

19 entitled to compensation under section 206 of this title

20 meets the requirements for special pay authorized in sub21 section (a), except the requirement prescribed in subsection

22 (a)(1), the member may be paid an annual foreign language

23 maintenance bonus.

24 ‘‘(2) The amount of the bonus under paragraph (1)

25 shall be determined by the Secretary concerned but may not
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1 exceed the annual equivalent of the maximum monthly rate

2 of special pay authorized under subsection (b) for a member

3 referred to in subsection (a).’’.

4 (b) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall take effect with respect to the first month

6 that begins more than 90 days after the date of the enact7 ment of this Act.

8 SEC. 502. NATIONAL SECURITY EDUCATION TRUST FUND.

9 (a) CREDITING OF GIFTS TO THE NATIONAL SECURITY

10 EDUCATION TRUST FUND.—Section 804(e) of the Intel11 ligence Authorization Act, Fiscal Year 1992 (50 U.S.C.

12 1904(e)) is amended by adding at the end thereof the follow13 ing:

14 ‘‘(3) Any gifts of money shall be credited to and form

15 a part of the Fund.’’.

16 (b) REPEAL OF AUTHORIZATION REQUIREMENT.—

17 Section 804(b) of such Act is amended—

18 (1) by striking ‘‘(1)’’;

19 (2) by redesignating subparagraphs (A) and (B)

20 as paragraphs (1) and (2); and

21 (3) by striking paragraph (2).
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1 TITLE VI—FEDERAL BUREAU OF

2 INVESTIGATION

3 SEC. 601. FEDERAL BUREAU OF INVESTIGATION COUNTER4 INTELLIGENCE ACCESS TO CONSUMER CRED5 IT RECORDS.

6 Section 608 of the Fair Credit Reporting Act (15

7 U.S.C. 1681f) is amended—

8 (1) by striking ‘‘Notwithstanding’’ and inserting

9 ‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING INFOR10 MATION.—Notwithstanding’’; and

11 (2) by adding at the end the following new sub12 section:

13 ‘‘(b) DISCLOSURES TO THE FBI FOR COUNTERINTEL14 LIGENCE PURPOSES.—

15 ‘‘(1) CONSUMER REPORTS.—Notwithstanding the

16 provisions of section 604, a consumer reporting agen17 cy shall furnish a consumer report to the Federal Bu18 reau of Investigation when presented with a written

19 request for a consumer report, signed by the Director

20 of the Federal Bureau of Investigation (hereafter in

21 this section referred to as the ‘Director’) or the Direc22 tor’s designee, which certifies compliance with this

23 subsection. The Director or the Director’s designee

24 may make such a certification only if the Director or
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1 the Director’s designee has determined in writing

2 that—

3 ‘‘(A) such records are necessary for the con4 duct of an authorized foreign counterintelligence

5 investigation; and

6 ‘‘(B) there are specific and articulable facts

7 giving reason to believe that the consumer whose

8 consumer report is sought is a foreign power or

9 an agent of a foreign power, as defined in sec10 tion 101 of the Foreign Intelligence Surveillance

11 Act of 1978.

12 ‘‘(2) IDENTIFYING INFORMATION.—Notwithstand13 ing the provisions of section 604, a consumer report14 ing agency shall furnish identifying information re15 specting a consumer, limited to name, address, former

16 addresses, places of employment, or former places of

17 employment, to the Federal Bureau of Investigation

18 when presented with a written request, signed by the

19 Director or the Director’s designee, which certifies

20 compliance with this subsection. The Director or the

21 Director’s designee may make such a certification

22 only if the Director or the Director’s designee has de23 termined in writing that—
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1 ‘‘(A) such information is necessary to the

2 conduct of an authorized foreign counterintel3 ligence investigation; and

4 ‘‘(B) there is information giving reason to

5 believe that the consumer has been, or is about

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

7 agent of a foreign power, as defined in section

8 101 of the Foreign Intelligence Surveillance Act

9 of 1978.

10 ‘‘(3) CONFIDENTIALITY.—No consumer reporting

11 agency or officer, employee, or agent of such consumer

12 reporting agency may disclose to any person, other

13 than those officers, employees or agents of such agency

14 necessary to fulfill the requirement to disclose infor15 mation to the Federal Bureau of Investigation under

16 this subsection, that the Federal Bureau of Investiga17 tion has sought or obtained a consumer report or

18 identifying information respecting any consumer

19 under paragraph (1) or (2), nor shall such agency, of20 ficer, employee, or agent include in any consumer re21 port any information that would indicate that the

22 Federal Bureau of Investigation has sought or ob23 tained such a consumer report or identifying infor24 mation.
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1 ‘‘(4) PAYMENT OF FEES.—The Federal Bureau of

2 Investigation shall, subject to the availability of ap3 propriations, pay to the consumer reporting agency

4 assembling or providing credit reports or identifying

5 information in accordance with procedures established

6 under this title, a fee for reimbursement for such costs

7 as are reasonably necessary and which have been di8 rectly incurred in searching for, reproducing, or

9 transporting books, papers, records, or other data re10 quired or requested to be produced under this sub11 section.

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

13 Bureau of Investigation may not disseminate infor14 mation obtained pursuant to this subsection outside of

15 the Federal Bureau of Investigation, except to the De16 partment of Justice as may be necessary for the ap17 proval or conduct of a foreign counterintelligence in18 vestigation.

19 ‘‘(6) RULES OF CONSTRUCTION.—Nothing in this

20 subsection shall be construed to prohibit information

21 from being furnished by the Federal Bureau of Inves22 tigation pursuant to a subpoena or court order, or in

23 connection with a judicial or administrative proceed24 ing to enforce the provisions of this Act. Nothing in
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1 this subsection shall be construed to authorize or per2 mit the withholding of information from the Congress.

3 ‘‘(7) REPORTS TO THE CONGRESS.—On a semi4 annual basis, the Attorney General of the United

5 States shall fully inform the Permanent Select Com6 mittee on Intelligence and the Committee on Banking,

7 Finance and Urban Affairs of the House of Rep8 resentatives, and the Select Committee on Intelligence

9 and the Committee on Banking, Housing, and Urban

10 Affairs of the Senate concerning all requests made

11 pursuant to paragraph (1) and (2).

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

13 the United States obtaining or disclosing credit re14 ports, records, or information contained therein in

15 violation of this subsection is liable to the consumer

16 to whom such records relate in an amount equal to

17 the sum of—

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

19 records involved;

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

21 consumer as a result of the disclosure;

22 ‘‘(C) such punitive damages as a court may

23 allow, where the violation is found to have been

24 willful or intentional; 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’s

4 fees, as determined by the court.

5 ‘‘(9) DISCIPLINARY ACTIONS FOR VIOLATIONS.—

6 If a court determines that any agency or department

7 of the United States has violated any provision of this

8 subsection and the court finds that the circumstances

9 surrounding the violation raise questions of whether

10 or not an officer or employee of the agency or depart11 ment acted willfully or intentionally with respect to

12 the violation, the agency or department shall prompt13 ly initiate a proceeding to determine whether or not

14 disciplinary action is warranted against the officer or

15 employee who was responsible for the violation.

16 ‘‘(10) GOOD-FAITH EXCEPTION.—Any credit re17 porting agency or agent or employee thereof making

18 a disclosure of credit reports or identifying informa19 tion pursuant to this subsection in good-faith reliance

20 upon a certificate by the Federal Bureau of Investiga21 tion pursuant to provisions of this subsection shall

22 not be liable to any person for such disclosure under

23 this title, the constitution of any State, or any law

24 or regulation of any State or any political subdivi25 sion of any State.
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1 ‘‘(11) LIMITATION OF REMEDIES.—The remedies

2 and sanctions set forth in this subsection shall be the

3 only judicial remedies and sanctions for violations of

4 this subsection.

5 ‘‘(12) INJUNCTIVE RELIEF.—In addition to any

6 other remedy contained in this subsection, injunctive

7 relief shall be available to require compliance with the

8 procedures of this subsection. In the event of any suc9 cessful action under this subsection, costs together

10 with reasonable attorney’s fees, as determined by the

11 court, may be recovered.’’.

Attest:

Secretary.
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