Calendar No. 529
103D CONGRESS
2D SESSION
H. R. 4299
AN ACT
To authorize appropriations for fiscal year 1995 for
intelligence and intelligence-related activities of
the United States Government, the Community
Management Account, and the Central Intel-
ligence Agency Retirement and Disability Sys-
tem, and for other purposes.
JULY 21 (legislative day, JULY 20), 1994
Received; read twice and placed on the calendar
II
Calendar No. 529
103D CONGRESS
2D SESSION
H. R. 4299
IN THE SENATE OF THE UNITED STATES
JULY 21 (legislative day, JULY 20), 1994
Received; read twice and placed on the calendar
AN ACT
To authorize appropriations for fiscal year 1995 for intel-
ligence and intelligence-related activities of the United
States Government, the Community Management Ac-
count, and the Central Intelligence Agency Retirement
and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Intelligence Authoriza-
tion Act for Fiscal Year 1995’’.
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TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for
fiscal year 1995 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The National Reconnaissance Office.
(6) The Department of the Army, the Depart-
ment of the Navy, and the Department of the Air
Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Federal Bureau of Investigation.
(11) The Drug Enforcement Administration.
(12) The Central Imagery Office.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL
CEILINGS.—The amounts authorized to be appropriated
under section 101, and the authorized personnel ceilings
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as of September 30, 1995, for the conduct of the intel-
ligence and intelligence-related activities of the elements
listed in such section, are those specified in the classified
Schedule of Authorizations prepared to accompany the bill
H.R. 4299 of the One Hundred Third Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—The Schedule of Authorizations shall be
made available to the Committees on Appropriations of
the Senate and House of Representatives and to the Presi-
dent. The President shall provide for suitable distribution
of the Schedule, or of appropriate portions of the Sched-
ule, within the executive branch.
SEC. 103. COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Community Manage-
ment Account of the Director of Central Intelligence for
fiscal year 1995 the sum of $91,800,000. Within such
amounts authorized, funds identified in the classified
Schedule of Authorizations referred to in section 102(a)
for the Advanced Research and Development Committee
and the Environmental Task Force shall remain avail-
able until September 30, 1996.
(b) AUTHORIZED PERSONNEL LEVELS.—The Com-
munity Management Account of the Director of Central
Intelligence is authorized 209 full-time personnel as of
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September 30, 1995. Such personnel of the Community
Management Account may be permanent employees of the
Community Management Account or personnel detailed
from other elements of the United States Government.
(c) REIMBURSEMENT.—During fiscal year 1995, any
officer or employee of the United States or a member of
the Armed Forces who is detailed to the Community Man-
agement Staff from another element of the United States
Government shall be detailed on a reimbursable basis, ex-
cept that any such officer, employee or member may be
detailed on a nonreimbursable basis for a period of less
than one year for the performance of temporary functions
as required by the Director of Central Intelligence.
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the
Central Intelligence Agency Retirement and Disability
Fund for fiscal year 1995 the sum of $198,000,000.
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TITLE III—GENERAL
PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND
BENEFITS AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay,
retirement, and other benefits for Federal employees may
be increased by such additional or supplemental amounts
as may be necessary for increases in such compensation
or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE
ACTIVITIES.
The authorization of appropriations by this Act shall
not be deemed to constitute authority for the conduct of
any intelligence activity which is not otherwise authorized
by the Constitution or laws of the United States.
SEC. 303. PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.
(a) SENSE OF CONGRESS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available
in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any en-
tity using funds made available in this Act, the head of
each agency of the Federal or District of Columbia govern-
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ment, to the greatest extent practicable, shall provide to
such entity a notice describing the statement made in sub-
section (a) by the Congress.
SEC. 304. DISCLOSURE OF CLASSIFIED INFORMATION BY
MEMBERS OF CONGRESS.
During the fiscal year 1995, no element of the United
States Government for which funds are authorized in this
Act may provide any classified information concerning or
derived from the intelligence or intelligence-related activi-
ties of any such element to a Member of the House of
Representatives unless and until a copy of the following
oath of secrecy has been signed by that Member and has
been published in the Congressional Record.
‘‘I do solemnly swear that I will not willfully di-
rectly or indirectly disclose to any unauthorized per-
son any classified information received from any de-
partment of the Government funded in the Intel-
ligence Authorization Act for Fiscal Year 1995 in
the course of my duties as a Member of the United
States House of Representatives, except pursuant to
the Rules and Procedures of the House.’’.
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SEC. 305. DISCLOSURE OF CLASSIFIED INFORMATION BY
MEMBERS OF CONGRESS AND EXECUTIVE
BRANCH OFFICERS AND EMPLOYEES.
During the fiscal year 1995, no element of the United
States Government for which funds are authorized in this
Act may provide any classified information concerning or
derived from the intelligence or intelligence-related activi-
ties of such element to a Member of Congress or to an
officer or employee of the executive branch of the United
States Government unless and until a copy of the following
oath of secrecy has been signed by that Member, or officer
or employee, as the case may be, and has been published,
in an appropriate manner, in the Congressional Record:
‘‘I do solemnly swear that I will not willfully di-
rectly or indirectly disclose to any unauthorized per-
son any classified information received from any de-
partment of the Government funded in the Intel-
ligence Authorization Act for Fiscal Year 1995 in
the course of my duties as a Member of Congress
(except pursuant to the rules and procedures of the
appropriate House of the Congress), or as an officer
or employee in the executive branch of the Govern-
ment, as the case may be.’’.
As used in this section, the term ‘‘Member of Congress’’
means a Member of the Senate or a Representative in,
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or a Delegate or Resident Commissioner to, the House of
Representatives.
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITALIZA-
TION.
Section 4(a)(5) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403(e)(a)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘, not the result of vicious
habits, intemperance, or misconduct on his
part,’’;
(B) by striking ‘‘he shall deem’’ and in-
serting ‘‘the Director deems’’;
(C) by striking ‘‘section 10 of the Act of
March 3, 1933 (47 Stat. 1516; 5 U.S.C. 73b)’’
and inserting ‘‘section 5731 of title 5, United
States Code’’;
(D) by striking ‘‘his recovery’’ and insert-
ing ‘‘the recovery of such officer or employee’’;
and
(E) by striking ‘‘his return to his post’’
and inserting ‘‘the return to the post of duty of
such officer or employee’’;
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(2) in subparagraph (B), by striking ‘‘his opin-
ion’’ both places it appears and inserting ‘‘the opin-
ion of the Director’’; and
(3) in subparagraph (C), by striking ‘‘, not the
result of vicious habits, intemperance, or misconduct
on his part,’’.
TITLE V—DEPARTMENT OF DE-
FENSE 
INTELLIGENCE 
AC-
TIVITIES
SEC. 501. CENTRAL IMAGERY OFFICE CIVILIAN PERSONNEL
MANAGEMENT.
(a) GENERAL PROVISIONS.—Chapter 83 of title 10,
United States Code, is amended as follows:
(1) By amending the heading of the chapter to
read as follows:
‘‘CHAPTER 83—DEFENSE INTELLIGENCE
AGENCY AND CENTRAL IMAGERY OF-
FICE CIVILIAN PERSONNEL’’.
(2) In section 1601—
(A) by inserting ‘‘and the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
subsection (a);
(B) by inserting ‘‘or the Central Imagery
Office’’ after ‘‘outside the Defense Intelligence
Agency’’ and inserting ‘‘, the Central Imagery
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Office,’’ after ‘‘to the Defense Intelligence
Agency’’ in subsection (d); and
(C) by inserting ‘‘and the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
subsection (e).
(3) In section 1602, by inserting ‘‘and Central
Imagery Office’’ after ‘‘Defense Intelligence Agen-
cy’’.
(4) In section 1604—
(A) by inserting ‘‘and the Central Imagery
Office,’’ after ‘‘Defense Intelligence Agency’’ in
subsection (a)(1);
(B) by inserting ‘‘or the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
both places it occurs in the second sentence of
subsection (b);
(C) by inserting ‘‘or the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
subsection (c);
(D) by inserting ‘‘and the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
subsection (d);
(E) by inserting ‘‘or the Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’ in
subsection (e)(1); and
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(F) in subsection (e)(3)—
(i) by amending the first sentence to
read as follows: ‘‘The Secretary of Defense
may delegate authority under this sub-
section only to the Deputy Secretary of
Defense, the Director of the Defense Intel-
ligence Agency, the Director of the Central
Imagery Office, or all three.’’; and
(ii) by striking ‘‘either’’ and inserting
‘‘any’’.
(b) CONFORMING CHANGE TO TITLE 10.—The items
relating to chapter 83 in the tables of chapters at the be-
ginning of subtitle A, and at the beginning of part II of
subtitle A, of title 10, United States Code, are amended
to read as follows:
‘‘83. Defense Intelligence Agency and Central Imagery Office Civil-
ian Personnel ................................................................................. 1601’’.
(c) 
CHAPTER
OF
TITLE
5.—Section
2302(a)(2)(C)(ii) of title 5, United States Code, is amend-
ed by inserting ‘‘the Central Imagery Office,’’ after ‘‘De-
fense Intelligence Agency,’’.
(d) 
CHAPTER
OF
TITLE
5.—Section
3132(a)(1)(B) of title 5, United States Code, is amended
by inserting ‘‘the Central Imagery Office,’’ after ‘‘Defense
Intelligence Agency,’’.
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(e) 
CHAPTER
OF
TITLE
5.—Section
4301(1)(B)(ii) of title 5, United States Code, is amended
by inserting ‘‘the Central Imagery Office,’’ after ‘‘Defense
Intelligence Agency,’’.
(f) 
CHAPTER
OF
TITLE
5.—Section
4701(a)(1)(B) of title 5, United States Code, is amended
by inserting ‘‘the Central Imagery Office,’’ after ‘‘Defense
Intelligence Agency,’’.
(g) CHAPTER 51 OF TITLE 5.—Section 5102(a)(1)
of title 5, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of clause (ix);
(2) by striking the period at the end of clause
(x) and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(xi) the Central Imagery Office, Depart-
ment of Defense.’’.
(h) CHAPTER 51 OF TITLE 5.—Section 5342(a)(1)
of title 5, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(J);
(2) by inserting ‘‘or’’ after the semicolon at the
end of subparagraph (K); and
(3) by adding at the end the following:
‘‘(L) the Central Imagery Office, Depart-
ment of Defense;’’.
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(i) ADDITIONAL LEAVE TRANSFER PROGRAMS.—(1)
Section 6339(a)(1) of title 5, United States Code, is
amended—
(A) by striking ‘‘and’’ at the end of subpara-
graph (D);
(B) by redesignating subparagraph (E) as sub-
paragraph (F); and
(C) by inserting after subparagraph (D) the fol-
lowing new subparagraph (E):
‘‘(E) the Central Imagery Office; and’’.
(2) Section 6339(a)(2) of such title is amended—
(A) by striking ‘‘and’’ at the end of subpara-
graph (D);
(B) by redesignating subparagraph (E) as sub-
paragraph (F);
(C) by inserting after subparagraph (D) the fol-
lowing new subparagraph (E):
‘‘(E) with respect to the Central Imagery
Office, the Director of the Central Imagery Of-
fice; and’’; and
(D) in subparagraph (F), as redesignated by
subparagraph (B) of this paragraph, by striking
‘‘paragraph (1)(E)’’ and inserting ‘‘paragraph
(1)(F)’’ both places it appears.
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(j) CHAPTER 71 OF TITLE 5.—Section 7103(a)(3) of
title 5, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph
(F);
(2) by inserting ‘‘or’’ at the end of subpara-
graph (G); and
(3) by adding at the end the following:
‘‘(H) the Central Imagery Office;’’.
(k) 
CHAPTER
OF
TITLE
5.—Section
7323(b)(2)(B)(i) of title 5, United States Code, is
amended—
(1) by striking ‘‘or’’ at the end of subclause
(XI); and
(2) by adding at the end the following:
‘‘(XIII) the Central Imagery Office; or’’.
(l) CHAPTER 75 OF TITLE 5.—Section 7511(b)(8) of
title 5, United States Code, is amended by inserting ‘‘the
Central Imagery Office,’’ after ‘‘Defense Intelligence
Agency,’’.
(m) ETHICS IN GOVERNMENT ACT OF 1978.—Sec-
tion 105(a)(1) of the Ethics in Government Act of 1978
(5 U.S.C. App.) is amended by inserting ‘‘the Central Im-
agery Office,’’ after ‘‘Defense Intelligence Agency,’’.
(n) EMPLOYEE POLYGRAPH PROTECTION ACT OF
1988.—Section 7(b)(2)(A)(i) of the Employee Polygraph
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Protection Act of 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is
amended by inserting ‘‘the Central Imagery Office,’’ after
‘‘Defense Intelligence Agency,’’.
SEC. 502. DISCLOSURE OF GOVERNMENTAL AFFILIATION
BY 
DEPARTMENT 
OF 
DEFENSE 
INTEL-
LIGENCE 
PERSONNEL 
OUTSIDE 
OF 
THE
UNITED STATES.
(a) GENERAL PROVISIONS.—Chapter 21 of title 10,
United States Code, is amended by adding at the end
thereof the following new section:
‘‘§ 426. Disclosure of governmental affiliation by De-
partment of Defense intelligence person-
nel outside the United States
‘‘Notwithstanding section 552a(e)(3) of title 5 or any
other provision of law, Department of Defense intelligence
personnel shall not be required, outside the United States,
to give notice of governmental affiliation to potential Unit-
ed States person sources during the initial assessment
contact. For the purposes of this section, the term ‘United
States’ includes the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any
territory or possession of the United States.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for subchapter I of such chapter is amended by adding
at the end thereof the following new item:
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‘‘426. Disclosure of governmental affiliation by Department of Defense intel-
ligence personnel outside the United States.’’.
TITLE VI—INSPECTORS
GENERAL
SEC. 601. INSPECTORS GENERAL FOR DIA, NSA, AND CIA.
(a) DIA.—
(1) PURPOSES.—The purposes of this sub-
section are to—
(A) create an objective and effective office,
appropriately accountable to the Congress, to
initiate and conduct independently inspections,
investigations, and audits relating to programs
and operations of the Defense Intelligence
Agency;
(B) provide leadership and recommend
policies designed to promote economy, effi-
ciency, and effectiveness in the administration
of such programs and operations, and detect
fraud and abuse in such programs and oper-
ations;
(C) provide a means for keeping the Direc-
tor of the Defense Intelligence Agency fully and
currently informed about problems and defi-
ciencies relating to the administration of such
programs and operations, and the necessity for
and the progress of corrective actions; and
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(D) in the manner prescribed by the
amendments made by this subsection, ensure
that the Senate Select Committee on Intel-
ligence and the House Permanent Select Com-
mittee on Intelligence are kept similarly in-
formed of significant problems and deficiencies
as well as the necessity for and the progress of
corrective actions.
(2) ESTABLISHMENT OF OFFICE OF INSPECTOR
GENERAL.—The first section 8G of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended—
(A) in subsection (a)(2) by inserting after
‘‘the United States International Trade Com-
mission,’’ the following: ‘‘the Defense Intel-
ligence Agency,’’; and
(B) by adding at the end the following:
‘‘(i)(1) The Inspector General of the Defense Intel-
ligence Agency shall be appointed by the Director of the
Defense Intelligence Agency (in this subsection referred
to as the ‘Director’) without regard to political affiliation
and on the basis of integrity, compliance with the security
standards of the Defense Intelligence Agency, and prior
experience in the field of foreign intelligence and in a Fed-
eral office of Inspector General.
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‘‘(2)(A) Notwithstanding the second sentence of sec-
tion 8G(d), the Director may prohibit the Inspector Gen-
eral of the Defense Intelligence Agency from initiating,
carrying out, or completing any audit, inspection, or inves-
tigation if the Director determines that such prohibition
is necessary to protect vital national security interests of
the United States.
‘‘(B) If the Director exercises any power under sub-
paragraph (A), the Director shall submit an appropriately
classified statement of the reasons for the exercise of such
power within 7 days to the intelligence committees. The
Director shall advise the Inspector General at the time
such report is submitted, and, to the extent consistent
with the protection of intelligence sources and methods,
provide the Inspector General with a copy of any such re-
port. In such cases, the Inspector General may submit
such comments to the intelligence committees that the Di-
rector considers appropriate.
‘‘(3) The Inspector General of the Defense Intel-
ligence Agency shall take due regard for the protection
of intelligence sources and methods in the preparation of
all reports issued by the Office of Inspector General of
the Defense Intelligence Agency, and, to the extent con-
sistent with the purpose and objective of such reports, take
such measures as may be appropriate to minimize the dis-
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closure of intelligence sources and methods described in
such reports.
‘‘(4)(A) The Inspector General of the Defense Intel-
ligence Agency shall, not later than January 31 and July
31 of each year, prepare and submit to the Director a clas-
sified semiannual report summarizing the activities of the
Office of Inspector General of the Defense Intelligence
Agency during the immediately preceding 6-month period
ending December 31 (of the preceding year) and June 30,
respectively. Within 30 days after receipt of such reports,
the Director shall transmit such reports to the intelligence
committees with any comments the Director may deem ap-
propriate. Such reports shall, at a minimum, include a list
of the title or subject of each inspection, investigation, or
audit conducted during the reporting period and—
‘‘(i) a description of significant problems,
abuses, and deficiencies relating to the administra-
tion of programs and operations of the Defense In-
telligence Agency identified by the Office during the
reporting period;
‘‘(ii) a description of the recommendations for
corrective action made by the Office during the re-
porting period with respect to significant problems,
abuses, or deficiencies identified in clause (i);
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‘‘(iii) a statement of whether corrective action
has been completed on each significant recommenda-
tion described in previous semiannual reports, and,
in a case where corrective action has been com-
pleted, a description of such corrective action;
‘‘(iv) a certification that the Inspector General
has had full and direct access to all information rel-
evant to the performance of the functions of the In-
spector General;
‘‘(v) a description of all cases occurring during
the reporting period where the Inspector General
could not obtain documentary evidence relevant to
any inspection, audit, or investigation due to the
lack of authority to subpoena such information; and
‘‘(vi) such recommendations as the Inspector
General may wish to make concerning legislation to
promote economy and efficiency in the administra-
tion of programs and operations undertaken by the
Defense Intelligence Agency, and to detect and
eliminate fraud and abuse in such programs and op-
erations.
‘‘(B) The Inspector General of the Defense Intel-
ligence Agency shall report immediately to the Director
whenever the Inspector General becomes aware of particu-
larly serious or flagrant problems, abuses, or deficiencies
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relating to the administration of programs or operations.
The Director shall transmit such report to the intelligence
committees within 7 calendar days, together with any com-
ments the Director considers appropriate.
‘‘(C) In the event that—
‘‘(i) the Inspector General of the Defense Intel-
ligence Agency is unable to resolve any differences
with the Director affecting the execution of the In-
spector General’s duties or responsibilities; or
‘‘(ii) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant
documentary information in the course of an inves-
tigation, inspection, or audit,
the Inspector General shall immediately report such mat-
ter to the intelligence committees.
‘‘(D) Section 5 shall not apply to the Inspector Gen-
eral and the Office of Inspector General of the Defense
Intelligence Agency.
‘‘(5) Subject to applicable law and the policies of the
Director, the Inspector General of the Defense Intelligence
Agency shall select, appoint, and employ such officers and
employees as may be necessary to carry out the functions
of the Inspector General. In making such selections, the
Inspector General shall ensure that such officers and em-
ployees have the requisite training and experience to en-
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able the Inspector General to carry out the duties of the
Inspector General effectively. In this regard, the Inspector
General shall create within the organization of the Inspec-
tor General a career cadre of sufficient size to provide ap-
propriate continuity and objectivity needed for the effec-
tive performance of the duties of the Inspector General.
‘‘(6) Beginning with fiscal year 1996, there shall be
included in the National Foreign Intelligence Program
budget a separate account for the Office of Inspector Gen-
eral of the Defense Intelligence Agency.
‘‘(7) In this subsection, the term ‘intelligence commit-
tees’ means the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.’’.
(3) IMPLEMENTATION.—The Director of the
Defense Intelligence Agency shall, by not later than
60 days after the date of the enactment of this Act
and in accordance with the amendments made by
this subsection—
(A) establish the Office of Inspector Gen-
eral of the Defense Intelligence Agency;
(B) appoint the Inspector General of the
Defense Intelligence Agency; and
(C) transfer to that Office the office of the
Defense Intelligence Agency on the day before
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the date of the enactment of this Act known as
the ‘‘Office of Inspector General’’.
(4) TRANSFER OF RESOURCES OF EXISTING OF-
FICE.—The personnel, assets, liabilities, contracts,
property, records, and unexpended balances of ap-
propriations, authorizations, allocations, and other
funds employed, held, used, arising from, or avail-
able to the office in the Defense Intelligence Agency
on the day before the date of the enactment of this
Act known as ‘‘Office of Inspector General’’ are
hereby transferred to the Office of Inspector General
of the Defense Intelligence Agency established under
the amendments made by this subsection.
(5) TERMINATION OF EXISTING OFFICE.—The
office in the Defense Intelligence Agency on the day
before the date of the enactment of this Act known
as ‘‘Office of Inspector General’’ is terminated effec-
tive on the date of the establishment of the Office
of Inspector General of the Defense Intelligence
Agency pursuant to the amendments made by this
subsection.
(6) CONFORMING AMENDMENT.—The first sec-
tion 8G of the Inspector General Act of 1978 (5
U.S.C. App.) is amended in subsection (c) by strik-
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ing ‘‘subsection (f)’’ and inserting ‘‘subsections (f)
and (i)’’.
(7) REPORTS
TO
INTELLIGENCE
COMMIT-
TEES.—
(A) 
REPORTING
REQUIREMENT.—Sub-
chapter I of chapter 21 of title 10, United
States Code, is amended after section 426, as
added by section 502 of this Act, by inserting
the following new section:
‘‘§ 427. Reports on activities of the Office of Inspector
General 
of 
the 
Defense 
Intelligence
Agency
‘‘(a) REPORTING REQUIREMENT.—The Director of
the Defense Intelligence Agency shall submit to the intel-
ligence committees any report or findings and rec-
ommendations of an inspection, investigation, or audit
conducted by the Office of Inspector General of the De-
fense Intelligence Agency which has been requested by the
Chairman or Ranking Minority Member of either of the
intelligence committees.
‘‘(b) INTELLIGENCE
COMMITTEES
DEFINED.—In
this section, the term ‘intelligence committees’ means the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intel-
ligence of the Senate.’’.
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(B) CLERICAL AMENDMENT.—The analysis
at the beginning of subchapter I of chapter 23
of title 10, United States Code, is amended by
adding at the end the following:
‘‘427. Reports on activities of the Office of Inspector General of the Defense
Intelligence Agency.’’.
(b) NSA.—
(1) PURPOSES.—The purposes of this sub-
section are to—
(A) create an objective and effective office,
appropriately accountable to Congress, to initi-
ate and conduct independently inspections, in-
vestigations, and audits relating to programs
and operations of the National Security Agency;
(B) provide leadership and recommend
policies designed to promote economy, effi-
ciency, and effectiveness in the administration
of such programs and operations, and detect
fraud and abuse in such programs and oper-
ations;
(C) provide a means for keeping the Direc-
tor of the National Security Agency fully and
currently informed about problems and defi-
ciencies relating to the administration of such
programs and operations, and the necessity for
and the progress of corrective actions; and
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(D) in the manner prescribed by the
amendments made by this subsection, ensure
that the Senate Select Committee on Intel-
ligence and the House Permanent Select Com-
mittee on Intelligence are kept similarly in-
formed of significant problems and deficiencies
as well as the necessity for and the progress of
corrective actions.
(2) ESTABLISHMENT OF OFFICE OF INSPECTOR
GENERAL.—The first section 8G of that Act is
amended—
(A) in subsection (a)(2), as amended by
subsection (a)(2) of this section, by inserting
after ‘‘the Defense Intelligence Agency,’’ the
following: ‘‘the National Security Agency,’’; and
(B) by adding after subsection (i), as
added by subsection (a)(2) of this section, the
following:
‘‘(j)(1) The Inspector General of the National Secu-
rity Agency shall be appointed by the Director of the Na-
tional Security Agency (in this subsection referred to as
the ‘Director’) without regard to political affiliation and
on the basis of integrity, compliance with the security
standards of the National Security Agency, and prior ex-
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perience in the field of foreign intelligence and in a Fed-
eral office of Inspector General.
‘‘(2)(A) Notwithstanding the second sentence of sec-
tion 8G(d), the Director may prohibit the Inspector Gen-
eral of the National Security Agency from initiating, car-
rying out, or completing any audit, inspection, or inves-
tigation if the Director determines that such prohibition
is necessary to protect vital national security interests of
the United States.
‘‘(B) If the Director exercises any power under sub-
paragraph (A), the Director shall submit an appropriately
classified statement of the reasons for the exercise of such
power within 7 days to the intelligence committees. The
Director shall advise the Inspector General at the time
such report is submitted, and, to the extent consistent
with the protection of intelligence sources and methods,
provide the Inspector General with a copy of any such re-
port. In such cases, the Inspector General may submit
such comments to the intelligence committees that the Di-
rector considers appropriate.
‘‘(3) The Inspector General of the National Security
Agency shall take due regard for the protection of intel-
ligence sources and methods in the preparation of all re-
ports issued by the Office of Inspector General of the Na-
tional Security Agency, and, to the extent consistent with
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the purpose and objective of such reports, take such meas-
ures as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such re-
ports.
‘‘(4)(A) The Inspector General of the National Secu-
rity Agency shall, not later than January 31 and July 31
of each year, prepare and submit to the Director a classi-
fied semiannual report summarizing the activities of the
Office of Inspector General of the National Security Agen-
cy during the immediately preceding 6-month period end-
ing December 31 (of the preceding year) and June 30,
respectively. Within 30 days after receipt of such reports,
the Director shall transmit such reports to the intelligence
committees with any comments the Director may deem ap-
propriate. Such reports shall, at a minimum, include a list
of the title or subject of each inspection, investigation, or
audit conducted during the reporting period and—
‘‘(i) a description of significant problems,
abuses, and deficiencies relating to the administra-
tion of programs and operations of the National Se-
curity Agency identified by the Office during the re-
porting period;
‘‘(ii) a description of the recommendations for
corrective action made by the Office during the re-
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porting period with respect to significant problems,
abuses, or deficiencies identified in clause (i);
‘‘(iii) a statement of whether corrective action
has been completed on each significant recommenda-
tion described in previous semiannual reports, and,
in a case where corrective action has been com-
pleted, a description of such corrective action;
‘‘(iv) a certification that the Inspector General
has had full and direct access to all information rel-
evant to the performance of the functions of the In-
spector General;
‘‘(v) a description of all cases occurring during
the reporting period where the Inspector General
could not obtain documentary evidence relevant to
any inspection, audit, or investigation due to the
lack of authority to subpoena such information; and
‘‘(vi) such recommendations as the Inspector
General may wish to make concerning legislation to
promote economy and efficiency in the administra-
tion of programs and operations undertaken by the
National Security Agency, and to detect and elimi-
nate fraud and abuse in such programs and oper-
ations.
‘‘(B) The Inspector General of the National Security
Agency shall report immediately to the Director whenever
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the Inspector General becomes aware of particularly seri-
ous or flagrant problems, abuses, or deficiencies relating
to the administration of programs or operations. The Di-
rector shall transmit such report to the intelligence com-
mittees within 7 calendar days, together with any com-
ments the Director considers appropriate.
‘‘(C) In the event that—
‘‘(i) the Inspector General of the National Secu-
rity Agency is unable to resolve any differences with
the Director affecting the execution of the Inspector
General’s duties or responsibilities; or
‘‘(ii) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant
documentary information in the course of an inves-
tigation, inspection, or audit,
the Inspector General shall immediately report such mat-
ter to the intelligence committees.
‘‘(D) Section 5 shall not apply to the Inspector Gen-
eral and the Office of Inspector General of the National
Security Agency.
‘‘(5) Subject to applicable law and the policies of the
Director, the Inspector General of the National Security
Agency shall select, appoint, and employ such officers and
employees as may be necessary to carry out the functions
of the Inspector General. In making such selections, the
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Inspector General shall ensure that such officers and em-
ployees have the requisite training and experience to en-
able the Inspector General to carry out the duties of the
Inspector General effectively. In this regard, the Inspector
General shall create within the organization of the Inspec-
tor General a career cadre of sufficient size to provide ap-
propriate continuity and objectivity needed for the effec-
tive performance of the duties of the Inspector General.
‘‘(6) Beginning with fiscal year 1996, there shall be
included in the National Foreign Intelligence Program
budget a separate account for the Office of Inspector Gen-
eral of the National Security Agency.
‘‘(7) In this subsection, the term ‘intelligence commit-
tees’ means the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.’’.
(3) IMPLEMENTATION.—The Director of the
National Security Agency shall, by not later than 60
days after the date of the enactment of this Act and
in accordance with the amendments made by this
subsection—
(A) establish the Office of Inspector Gen-
eral of the National Security Agency;
(B) appoint the Inspector General of the
National Security Agency; and
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(C) transfer to that Office the office of the
National Security Agency on the day before the
date of the enactment of this Act known as the
‘‘Office of Inspector General’’.
(4) TRANSFER OF RESOURCES OF EXISTING OF-
FICE.—The personnel, assets, liabilities, contracts,
property, records, and unexpended balances of ap-
propriations, authorizations, allocations, and other
funds employed, held, used, arising from, or avail-
able to the office in the National Security Agency on
the day before the date of the enactment of this Act
known as ‘‘Office of Inspector General’’ are hereby
transferred to the Office of Inspector General of the
National Security Agency established under the
amendments made by this subsection.
(5) TERMINATION OF EXISTING OFFICE.—The
office in the National Security Agency on the day
before the date of the enactment of this Act known
as ‘‘Office of Inspector General’’ is terminated effec-
tive on the date of the establishment of the Office
of Inspector General of the National Security Agen-
cy pursuant to the amendments made by this sub-
section.
(6) CONFORMING AMENDMENTS.—The first sec-
tion 8G of the Inspector General Act of 1978 (5
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U.S.C. App.) is amended in subsection (c), as
amended by subsection (a)(6) of this section, by
striking ‘‘subsections (f) and (i)’’ and inserting
‘‘subsections (f), (i), and (j)’’.
(7) REPORTS
TO
INTELLIGENCE
COMMIT-
TEES.—The National Security Agency Act of 1959
(50 U.S.C. 402 note) is amended by adding at the
end the following:
‘‘SEC. 19. (a) The Director of the National Security
Agency shall submit to the intelligence committees any re-
port or findings and recommendations of an inspection,
investigation, or audit conducted by the Office of Inspector
General of the National Security Agency which has been
requested by the Chairman or Ranking Minority Member
of either of the intelligence committees.
‘‘(b) In this section, the term ‘intelligence commit-
tees’ means the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select
Committee on Intelligence of the Senate.’’.
(8) RELATIONSHIP OF INSPECTOR GENERAL OF
DEPARTMENT OF DEFENSE TO THOSE OF DIA AND
NSA.—Section 8 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the
end the following:
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‘‘(h)(1) The Inspector General of the Department of
Defense shall not have any authority to conduct any activ-
ity with respect to any matter that the Secretary of De-
fense determines relates solely to the Defense Intelligence
Agency or the National Security Agency.
‘‘(2) Upon request of the Inspector General of the
Defense Intelligence Agency or the National Security
Agency, the Inspector General of the Department of De-
fense may provide to the Inspector General making the
request such resources (including personnel) as are appro-
priate to enable that Inspector General to carry out activi-
ties authorized by this Act.’’.
(c) CIA.—Section 17 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403q) is amended—
(1) in subsection (b)(1)—
(A) by striking ‘‘foreign intelligence.’’ and
inserting ‘‘foreign intelligence and in a Federal
office of Inspector General.’’;
(B) by striking ‘‘or’’ after ‘‘analysis,’’; and
(C) by striking the period at the end there-
of and inserting ‘‘, or auditing.’’;
(2) in subsection (c)(1), by striking ‘‘to con-
duct’’ and inserting ‘‘to plan, conduct’’;
(3) in subsection (d)(1)—
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tural category for fiscal year 1995 to the classification
management consolidated expenditure center, to be used
for the following activities:
(1) Development of a phased plan to implement
declassification guidelines contained in the executive
order which replaces Executive Order 12356. Each
such agency shall provide the plan to Congress with-
in 90 days after the beginning of fiscal year 1995
or 90 days after the publication of such replacement
executive order, whichever is later. This plan shall
include an accounting of the amount of archived ma-
terial, levels of classification, types of storage media
and locations, review methods to be employed, and
estimated costs of the declassification activity itself;
as well as an assessment by the agency of the appro-
priate types and amounts of information to be main-
tained in the future, how it will be stored, safe-
guarded, and reviewed, and the projected costs of
these classification management activities for the
succeeding five years.
(2) Commencement of the process of declas-
sification and reduction of the amount of archived
classified documents maintained by each agency.
(3) Submission of a report to the Permanent
Select Committee on Intelligence of the House of
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Representatives and the Select Committee on Intel-
ligence of the Senate within 90 days after the end
of fiscal year 1995 on the progress made in carrying
out paragraph (2), with reference to the plan re-
quired by paragraph (1).
SEC. 702. CLASSIFICATION AND DECLASSIFICATION OF IN-
FORMATION.
(a) PLAN.—Not later than 90 days after the date of
enactment of this Act, the President shall develop a plan,
and issue an executive order for its implementation, which
provides for the classification and declassification of infor-
mation. It is the sense of Congress that the plan should
provide for the following:
(1) A test for the classification of information
which balances the public’s right to know against
identifiable harm to the national security which will
result from public disclosure.
(2) A narrow definition of the categories of in-
formation subject to classification to avoid excessive
classification.
(3) Classification periods of reasonably short
duration, and a determination of the date when or
event upon which declassification of such informa-
tion shall occur, with a recognition that extension of
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such period may be required in certain cir-
cumstances.
(4) Automatic declassification at the expiration
of the classification period.
(b) SUBMISSION TO CONGRESS; EFFECTIVE DATE.—
The plan and executive order referred to in subsection (a)
may not take effect until after 30 days after the date on
which such plan and proposed regulation is submitted to
the Permanent Select Committee on Intelligence and the
Committee on Government Operations of the House of
Representatives and the Select Committee on Intelligence
and the Committee on Governmental Affairs of the Sen-
ate.
SEC. 703. REPORT CONCERNING THE COST OF CLASSIFICA-
TION.
Not later than 7 days after the date of the enactment
of this Act, the Director of Central Intelligence shall sub-
mit to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee
on Intelligence of the Senate a report (in a classified and
unclassified form) which identifies the following:
(1) The cost of classifying documents and keep-
ing information classified by each agency within the
intelligence community.
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(2) The number of personnel within each such
agency assigned to classifying documents and keep-
ing information classified.
(3) 
A 
plan 
to 
reduce 
expenditures 
for
classifying information and for keeping information
classified, which shall include specific expenditure re-
duction goals for fiscal year 1995 for each such
agency.
TITLE VIII—
COUNTERINTELLIGENCE
SEC. 801. ACCESS TO CLASSIFIED INFORMATION.
(a) IN GENERAL.—The National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at
the end thereof the following new title:
‘‘TITLE VIII—ACCESS TO CLASSIFIED
INFORMATION
‘‘RULE OF APPLICATION
‘‘SEC. 801. The President and Vice President, Mem-
bers of the Congress (including any Resident Commis-
sioner and Delegate to the House of Representatives),
Justices of the Supreme Court, and Federal judges ap-
pointed by the President shall, by virtue of their elected
or appointed positions, be entitled to access to classified
information needed for the performance of their govern-
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mental functions without regard to the other provisions
of this title.
‘‘REGULATIONS
‘‘SEC. 802. (a) The President shall, within 180 days
after enactment of this title, direct the issuance of a regu-
lation to implement this title.
‘‘(b) The regulation issued pursuant to subsection (a)
may not take effect until after 30 days after the date on
which the regulation is submitted to the Congress.
‘‘CONSENT FOR ACCESS TO FINANCIAL INFORMATION
‘‘SEC. 803. Except as may be provided for in the reg-
ulation issued under section 802 of this title, after such
regulation takes effect, no person shall be given access to
classified information by any department, agency, or office
of the executive branch unless such person has provided
consent in accordance with this section. Such consent shall
be provided to the investigative agency responsible for con-
ducting the security investigation of such person, or in the
case of a person who is an employee of the legislative
branch or the judicial branch, to the employing office of
such employee. Such consent shall be provided during the
initial background investigation, for such times as access
to such information is maintained, and for three years
thereafter. Such consent shall permit access to—
‘‘(1) financial records held by a financial agency
or financial institution;
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‘‘(2) consumer reports held by a consumer cred-
it reporting agency; and
‘‘(3) records maintained by commercial entities
within the United States pertaining to any travel by
the person outside the United States.
‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES
‘‘SEC. 804. (a)(1) Any authorized investigative agen-
cy may request from any financial agency, financial insti-
tution, or consumer credit reporting agency such financial
records and consumer reports as are necessary in order
to conduct any authorized law enforcement investigation,
foreign counterintelligence inquiry, or security determina-
tion. Any authorized investigative agency may also request
records maintained by any commercial entity within the
United States pertaining to travel by a person outside the
United States.
‘‘(2) Requests may be made under this section
where—
‘‘(A) the records sought pertain to a person
who is or was an employee required, as a condition
of access to classified information, to provide con-
sent, during a background investigation, for such
time as access to the information is maintained, and
for three years thereafter, permitting access to fi-
nancial 
records, 
other 
financial 
information,
consumer reports, and travel records; and
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‘‘(B) there are reasonable grounds to believe,
based upon specific and articulable facts available to
it, that the person is, or may be, disclosing classified
information in an unauthorized manner to a foreign
power or agent of a foreign power, or in the course
of any background investigation or reinvestigation,
an issue of otherwise unexplained affluence or exces-
sive indebtedness arises.
‘‘(3) Each such request shall—
‘‘(A) be accompanied by a written certification
signed by the department or agency head or deputy
department or agency head concerned and shall cer-
tify that—
‘‘(i) the person concerned is an employee
within the meaning of paragraph (2)(A);
‘‘(ii) the request is being made pursuant to
an authorized inquiry or investigation and is
authorized under this section; and
‘‘(iii) the records or information to be re-
viewed are records or information which the
employee has previously agreed to make avail-
able to the authorized investigative agency for
review;
‘‘(B) contain a copy of the agreement referred
to in subparagraph (A)(iii);
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‘‘(C) identify specifically or by category the
records or information to be reviewed; and
‘‘(D) inform the recipient of the request of the
prohibition described in subsection (b).
‘‘(4) The authorized investigative agency shall
promptly notify the person who is the subject of a request
under this section relating to a background investigation
or reinvestigation for records, reports, or other informa-
tion.
‘‘(b) Notwithstanding any other provision of law and
except as provided in subsection (a)(4), no governmental
or private entity, or officer, employee, or agent of such
entity, may disclose to any person, other than those offi-
cers, employees, or agents of such entity necessary to sat-
isfy a request made under this section, that such entity
has received or satisfied a request made by an authorized
investigative agency under this section.
‘‘(c)(1) Notwithstanding any other provision of law
except section 6103 of the Internal Revenue Code of 1986,
an entity receiving a request for records or information
under subsection (a) shall, if the request satisfies the re-
quirements of this section, make available such records or
information within 30 days for inspection or copying, as
may be appropriate, by the agency requesting such records
or information.
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‘‘(2) Any entity (including any officer, employee or
agent thereof) that discloses records or information for in-
spection or copying pursuant to this section in good faith
reliance upon the certifications made by an agency pursu-
ant to this section shall not be liable for any such disclo-
sure to any person under this title, the constitution of any
State, or any law or regulation of any State or any politi-
cal subdivision of any State.
‘‘(d) Subject to the availability of appropriations
therefor, any agency requesting records or information
under this section may reimburse a private entity for any
cost reasonably incurred by such entity in responding to
such request, including the cost of identifying, reproduc-
ing, or transporting records or other data.
‘‘(e) An agency receiving records or information pur-
suant to a request under this section may disseminate the
records or information obtained pursuant to such request
outside the agency only to the agency employing the
employee who is the subject of the records or information,
to the Department of Justice for law enforcement or for-
eign counterintelligence purposes, or, with respect to dis-
semination to an agency of the United States, only if such
information is clearly relevant to the authorized respon-
sibilities of such agency relating to security determina-
tions, law enforcement, or counterintelligence.
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‘‘(f) Any agency that discloses records or information
received pursuant to a request under this section in viola-
tion of subsection (e) shall be liable to the person to whom
the records relate in an amount equal to the sum of—
‘‘(1) $100, without regard to the volume of
records involved;
‘‘(2) any actual damages sustained by the per-
son as a result of the disclosure;
‘‘(3) if the violation is found to have been will-
ful or intentional, such punitive damages as the
court may allow; and
‘‘(4) in the case of any successful action to en-
force liability, the costs of the action, together with
reasonable attorney fees, as determined by the court.
‘‘(g) Nothing in this section shall affect the authority
of an investigative agency to obtain information pursuant
to the Right to Financial Privacy Act (12 U.S.C. 3401
et seq.) or the Fair Credit Reporting Act (15 U.S.C. 1681
et seq.).
‘‘DEFINITIONS
‘‘SEC. 805. For purposes of this title—
‘‘(1) the term ‘agency of the legislative branch’
means the Office of the Architect of the Capitol, the
Botanic Garden, the General Accounting Office, the
Government Printing Office, the Library of Con-
gress, the Office of Technology Assessment, the
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Congressional Budget Office, and the Copyright
Royalty Tribunal;
‘‘(2) the term ‘authorized investigative agency’
means—
‘‘(A) an agency authorized by law or regu-
lation to conduct foreign counterintelligence in-
vestigations or investigations of persons who
are proposed for access to classified information
to ascertain whether such persons satisfy the
criteria for obtaining and retaining access to
such information;
‘‘(B) in the case of the House of Rep-
resentatives, an agency designated by the
Speaker of the House;
‘‘(C) in the case of the Senate, an agency
designated by the President pro tempore of the
Senate;
‘‘(D) in the case of an agency of the legis-
lative branch, an agency designated by the head
of such agency; and
‘‘(E) in the case of the judiciary, an agen-
cy designated by the Director of the Adminis-
trative Office of the United States Courts,
under the direction of the Chief Justice of the
United States;
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‘‘(3) the term ‘classified information’ means
any information that has been determined pursuant
to Executive Order No. 12356 of April 2, 1982, or
successor orders, or the Atomic Energy Act of 1954,
to require protection against unauthorized disclosure
and that is so designated;
‘‘(4) the term ‘consumer credit reporting agen-
cy’ has the meaning given such term in section 603
of the Consumer Credit Protection Act (15 U.S.C.
1681a));
‘‘(5) the term ‘employee’ includes any person
who receives a salary or compensation of any kind
from the United States Government, is a contractor
of the United States Government or an employee
thereof, is an unpaid consultant of the United States
Government, or otherwise acts for or on behalf of
the United States Government;
‘‘(6) the term ‘employee of the legislative
branch’ means an individual (other than a Member
of, and a Resident Commissioner or Delegate to, the
Congress) whose salary is paid by—
‘‘(A) the Director of Non-legislative and
Financial Services of the House of Representa-
tives;
‘‘(B) the Secretary of the Senate; or
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‘‘(C) an agency of the legislative branch;
‘‘(7) the terms ‘financial agency’ and ‘financial
institution’ have the meaning given such terms in
section 5312 of title 31, United States Code; and
‘‘(8) the term ‘State’ means any State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Trust Territory of
the Pacific Islands, and any territory or possession
of the United States.
‘‘EFFECTIVE DATE
‘‘SEC. 806. This title shall take effect upon the issu-
ance of a final regulation pursuant to section 802.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of the National Security Act of 1947 is amended
by adding at the end the following:
‘‘TITLE VIII—ACCESS TO CLASSIFIED INFORMATION
‘‘Sec. 801. Rule of application.
‘‘Sec. 802. Regulations.
‘‘Sec. 803. Consent for access to financial information.
‘‘Sec. 804. Requests by authorized investigative agencies.
‘‘Sec. 805. Definitions.
‘‘Sec. 806. Effective date.’’.
SEC. 802. REWARDS FOR INFORMATION CONCERNING ESPI-
ONAGE.
(a) REWARDS.—Section 3071 of title 18, United
States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘With respect to’’;
and
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(2) by adding at the end the following new sub-
section:
‘‘(b) With respect to acts of espionage involving or
directed at the United States, the Attorney General may
reward any individual who furnishes information—
‘‘(1) leading to the arrest or conviction, in any
country, of any individual or individuals for commis-
sion of an act of espionage against the United
States;
‘‘(2) leading to the arrest or conviction, in any
country, of any individual or individuals for conspir-
ing or attempting to commit an act of espionage
against the United States; or
‘‘(3) leading to the prevention or frustration of
an act of espionage against the United States.’’.
(b) DEFINITIONS.—Section 3077 of such title is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(6);
(2) by striking the period at the end of para-
graph (7) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(8) ‘act of espionage’ means an activity that is
a violation of—
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‘‘(A) section 793, 794, or 798 of title 18,
United States Code; or
‘‘(B) section 4 of the Subversive Activities
Control Act of 1950.’’.
(c) CLERICAL AMENDMENTS.—(1) The item relating
to chapter 204 in the table of chapters for part II of such
title is amended to read as follows:
‘‘204. Rewards for information concerning terrorist acts
and espionage ......................................................... 3071’’.
(2) The heading for chapter 204 of such title is
amended to read as follows:
‘‘CHAPTER 204—REWARDS FOR INFORMA-
TION CONCERNING TERRORIST ACTS
AND ESPIONAGE’’.
SEC. 803. ESPIONAGE NOT COMMITTED IN ANY DISTRICT.
(a) IN GENERAL.—Chapter 211 of title 18, United
States Code, is amended by inserting after section 3238
the following new section:
‘‘§ 3239. Espionage and related offenses not commit-
ted in any district
‘‘The trial for any offense involving a violation of—
‘‘(1) section 793, 794, 798, 952, or 1030(a)(1)
of this title;
‘‘(2) section 601 of the National Security Act of
1947; or
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‘‘(3) subsection (b) or (c) of section 4 of the
Subversive Activities Control Act of 1950,
begun or committed upon the high seas or elsewhere out
of the jurisdiction of any particular State or district, may
be in the District of Columbia or in any other district au-
thorized by law.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 211 of such title is amended by inserting after
the item relating to section 3238 the following:
‘‘3239. Espionage and related offenses not committed in any district.’’.
SEC. 804. CRIMINAL FORFEITURE FOR VIOLATION OF CER-
TAIN ESPIONAGE LAWS.
(a) IN GENERAL.—Section 798 of title 18, United
States Code, is amended by adding at the end the follow-
ing new subsection:
‘‘(d)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law—
‘‘(A) any property constituting, or derived from,
any proceeds the person obtained, directly or indi-
rectly, as the result of such violation; and
‘‘(B) any of the person’s property used, or in-
tended to be used, in any manner or part, to com-
mit, or to facilitate the commission of, such viola-
tion.
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‘‘(2) The court, in imposing sentence on a defendant
for a conviction of a violation of this section, shall order
that the defendant forfeit to the United States all property
described in paragraph (1).
‘‘(3) Except as provided in paragraph (4), the provi-
sions of subsections (b), (c), and (e) through (p) of section
413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)),
shall apply to—
‘‘(A) property subject to forfeiture under this
subsection;
‘‘(B) any seizure or disposition of such prop-
erty; and
‘‘(C) any administrative or judicial proceeding
in relation to such property,
if not inconsistent with this subsection.
‘‘(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund in the Treas-
ury all amounts from the forfeiture of property under this
subsection remaining after the payment of expenses for
forfeiture and sale authorized by law.
‘‘(5) As used in this subsection, the term ‘State’
means any State of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Trust Ter-
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ritory of the Pacific Islands, and any territory or posses-
sion of the United States.’’.
(b) AMENDMENTS FOR CONSISTENCY IN APPLICA-
TION OF FORFEITURE UNDER TITLE 18.—(1) Section
793(h)(3) of such title is amended in the matter preceding
subparagraph (A) by striking out ‘‘(o)’’ each place it ap-
pears and inserting in lieu thereof ‘‘(p)’’.
(2) Section 794(d)(3) of such title is amended in the
matter preceding subparagraph (A) by striking out ‘‘(o)’’
each place it appears and inserting in lieu thereof ‘‘(p)’’.
(c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Sec-
tion 4 of the Subversive Activities Control Act of 1950
(50 U.S.C. 783) is amended by adding at the end the fol-
lowing new subsection:
‘‘(e)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law—
‘‘(A) any property constituting, or derived from,
any proceeds the person obtained, directly or indi-
rectly, as the result of such violation; and
‘‘(B) any of the person’s property used, or in-
tended to be used, in any manner or part, to com-
mit, or to facilitate the commission of, such viola-
tion.
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‘‘(2) The court, in imposing sentence on a defendant
for a conviction of a violation of this section, shall order
that the defendant forfeit to the United States all property
described in paragraph (1).
‘‘(3) Except as provided in paragraph (4), the provi-
sions of subsections (b), (c), and (e) through (p) of section
413 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p))
shall apply to—
‘‘(A) property subject to forfeiture under this
subsection;
‘‘(B) any seizure or disposition of such prop-
erty; and
‘‘(C) any administrative or judicial proceeding
in relation to such property,
if not inconsistent with this subsection.
‘‘(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund in the Treas-
ury all amounts from the forfeiture of property under this
subsection remaining after the payment of expenses for
forfeiture and sale authorized by law.
‘‘(5) As used in this subsection, the term ‘State’
means any State of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the Trust Ter-
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ritory of the Pacific Islands, and any territory or posses-
sion of the United States.’’.
SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PER-
SONS CONVICTED OF ESPIONAGE IN FOR-
EIGN COURTS INVOLVING UNITED STATES IN-
FORMATION.
Section 8312 of title 5, United States Code, is
amended by adding at the end thereof the following new
subsection:
‘‘(d)(1) For purposes of subsections (b)(1) and
(c)(1), an offense within the meaning of such subsections
is established if the Attorney General of the United States
certifies to the agency administering the annuity or retired
pay concerned—
‘‘(A) that an individual subject to this chapter
has been convicted by an impartial court of appro-
priate jurisdiction within a foreign country in cir-
cumstances in which the conduct violates the provi-
sions of law enumerated in subsections (b)(1) and
(c)(1), or would violate such provisions had such
conduct taken place within the United States, and
that such conviction is not being appealed or that
final action has been taken on such appeal;
‘‘(B) that such conviction was obtained in ac-
cordance with procedures that provided the defend-
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ant due process rights comparable to such rights
provided by the United States Constitution, and
such conviction was based upon evidence which
would have been admissible in the courts of the
United States; and
‘‘(C) that such conviction occurred after the
date of enactment of this subsection.
‘‘(2) Any certification made pursuant to this sub-
section shall be subject to review by the United States
Court of Claims based upon the application of the individ-
ual concerned, or his or her attorney, alleging that any
of the conditions set forth in subparagraphs (A), (B), or
(C) of paragraph (1), as certified by the Attorney General,
have not been satisfied in his or her particular cir-
cumstances. Should the court determine that any of these
conditions has not been satisfied in such case, the court
shall order any annuity or retirement benefit to which the
person concerned is entitled to be restored and shall order
that any payments which may have been previously denied
or withheld to be paid by the department or agency con-
cerned.’’.
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SEC. 806. POST EMPLOYMENT ASSISTANCE FOR CIVILIAN
PERSONNEL 
WITHIN 
THE 
INTELLIGENCE
COMPONENTS OF THE DEPARTMENT OF DE-
FENSE.
(a) CONSOLIDATION OF AUTHORITY.—
(1) IN
GENERAL.—Chapter 81 of title 10,
United States Code, is amended by adding at the
end the following:
‘‘§ 1599. Post employment assistance regarding cer-
tain civilian intelligence personnel
‘‘(a) Notwithstanding any other provision of law, the
Secretary of Defense may use appropriated funds to assist
a civilian employee who has been in a sensitive position
in an intelligence agency or component of the Department
of Defense and who is found to be ineligible for continued
access to Sensitive Compartmented Information and em-
ployment with the intelligence agency or component, or
whose employment with the intelligence agency or compo-
nent has been terminated—
‘‘(1) in finding and qualifying for subsequent
employment;
‘‘(2) in receiving treatment of medical or psy-
chological disabilities; and
‘‘(3) in providing necessary financial support
during periods of unemployment.
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‘‘(b) Assistance may be provided under subsection (a)
only if the Secretary determines that such assistance is
essential to maintain the judgment and emotional stability
of such employee and avoid circumstances that might lead
to the unlawful disclosure of classified information to
which such employee had access. Assistance provided
under this section for an employee shall not be provided
any longer than five years after the termination of the em-
ployment of the employee.
‘‘(c) The Secretary may, to the extent and in the
manner determined by the Secretary to appropriate, dele-
gate the authority to provide assistance under this section.
‘‘(d) The Secretary shall report annually to the Com-
mittees on Appropriations of the Senate and House of
Representatives, the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on Intel-
ligence of the House of Representatives with respect to
any expenditure made pursuant to this section.
‘‘(e) For the purposes of this section, the term ‘intel-
ligence agency or component’ means the National Security
Agency, the Defense Intelligence Agency, the National Re-
connaissance Office, the Central Imagery Office, and the
intelligence components of the military departments.’’.
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(2) The table of sections of Chapter 81 of such title
is amended by adding after the item relating to section
1598 the following new item:
‘‘1599. Post employment assistance regarding certain civilian intelligence per-
sonnel.’’.
(b) REPEAL OF DUPLICATIVE AUTHORITY.—
(1) DEFENSE INTELLIGENCE AGENCY.—Para-
graph (4) of Section 1604(e) of title 10, United
States Code, is repealed.
(2) NATIONAL SECURITY AGENCY.—Section 17
of the National Security Agency Act of 1959 (50
U.S.C. 402 note) is repealed.
(c) SAVINGS PROVISION.—The repeals made by sub-
section (b) do not affect rights and duties that matured
before the date of enactment of this section.
TITLE IX—INTERDICTION OF
AERIAL DRUG TRAFFICKING
SEC. 901. POLICY OF THE UNITED STATES.
It is the policy of the United States to provide intel-
ligence assistance to foreign governments to support ef-
forts by them to interdict aerial drug trafficking. The
United States does not condone the intentional damage
or destruction of aircraft in violation of international law,
and provides assistance to foreign governments for pur-
poses other than facilitating the intentional damage or de-
struction of aircraft in violation of international law.
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SEC. 902. SENSE OF CONGRESS.
The Congress urges the President to review in light
of this title all interpretations within the executive branch
of law relevant to the provision of assistance to foreign
governments for aerial drug interdiction, with an eye to
affirming that continued provision by the United States
of such assistance conforms fully with United States and
international law.
Passed the House of Representatives July 20, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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