In the Senate of the United States,
August 12 (legislative day, August 11), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 4299) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 1995 for intelligence and intelligence-re-
lated activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other pur-
poses’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Intelligence Authoriza-
tion Act for Fiscal Year 1995’’.
TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 1995 for the conduct of the intelligence activities
of the following elements of the United States Government:
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(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 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 as
of September 30, 1995, for the conduct of intelligence activi-
ties of the elements listed in such section, are those specified
in the classified Schedule of Authorizations prepared by the
committee of conference to accompany S. 2082 of the One
Hundred Third Congress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—The Schedule of Authorizations described
in subsection (a) shall be made available to the Committees
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on Appropriations of the Senate and House of Representa-
tives and to the President. The President shall provide for
suitable distribution of the Schedule, or of appropriate por-
tions of the Schedule, within the executive branch of Govern-
ment.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—The Director of
Central Intelligence may authorize the employment of civil-
ian personnel in excess of the number of such personnel au-
thorized for employment for fiscal year 1995 under section
102 of this Act, if the Director determines that such action
is necessary to the performance of important intelligence
functions, except that such number may not, for any ele-
ment of the intelligence community, exceed 2 percent of the
number of civilian personnel authorized under such section
for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di-
rector of Central Intelligence shall promptly notify the Per-
manent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the Senate whenever the Director exercises the authority
granted by subsection (a).
(c) INTELLIGENCE COMMUNITY DEFINED.—As used in
subsection (a), the term ‘‘intelligence community’’ has the
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same meaning given to that term by section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 401(4)).
SEC. 104. 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 fis-
cal year 1995 the sum of $106,300,000. Of the amounts
made available under this subsection, funds made available
for the Advanced Research and Development Committee and
the Environmental Task Force are authorized to remain
available until September 30, 1996.
(b) AUTHORIZED PERSONNEL LEVELS.—The Commu-
nity Management Account of the Director of Central Intel-
ligence is authorized 221 full-time personnel as of Septem-
ber 30, 1995. Such personnel of the Community Manage-
ment Account may be permanent employees of the Commu-
nity 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 Manage-
ment Account staff from another element of the United
States Government shall be detailed on a reimbursable
basis, except that any such officer, employee, or member
may be detailed on a nonreimbursable basis for a period
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of less than 1 year for the performance of temporary func-
tions 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 fis-
cal year 1995 the sum of $198,000,000.
TITLE III—GENERAL
PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND
BENEFITS AUTHORIZED BY LAW.
In addition to amounts authorized to be appropriated
by this Act for the salary, pay, retirement, and other bene-
fits of Federal employees, there are authorized to be appro-
priated such additional or supplemental amounts as may
be necessary to cover increases in those benefits authorized
by law for fiscal year 1995.
SEC. 302. RESTRICTION ON THE CONDUCT OF INTEL-
LIGENCE ACTIVITIES.
The authorizations of appropriations contained in this
Act do not constitute authority for the conduct of any intel-
ligence activity which is not otherwise authorized by the
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Constitution of the United States or by the laws of the Unit-
ed States.
SEC. 303. REPEAL OF RESTRICTION ON INTELLIGENCE CO-
OPERATION WITH SOUTH AFRICA.
Section 107 of the Intelligence Authorization Act for
Fiscal Year 1987 (Public Law 99–569) is repealed.
SEC. 304. REPORT REGARDING MANDATORY RETIREMENT
FOR EXPIRATION OF TIME IN CLASS.
(a) REPORT REQUIRED.—Not later than December 1,
1994, the Director of Central Intelligence shall submit to
the congressional defense and intelligence committees a re-
port setting forth a legislative proposal, coordinated as ap-
propriate with elements of the intelligence community,
which would provide for mandatory retirement for expira-
tion of time in class, comparable to the applicable provi-
sions of section 607 of the Foreign Service Act of 1980 (22
U.S.C. 4007), for all civilian employees of the Central Intel-
ligence Agency, the National Security Agency, the Defense
Intelligence Agency, and the intelligence elements of the
Army, Navy, Air Force, and Marine Corps. The report shall
include an assessment of the advisability and feasibility of
instituting such a mandatory retirement policy, and of al-
ternative means to achieve the objectives of a mandatory
retirement policy. The report shall also include an assess-
ment from the Secretary of Defense of the impact of a man-
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datory retirement policy for intelligence community civil-
ian employees on all other Department of Defense civilian
employees.
(b) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘congressional defense and intel-
ligence committees’’ means the Committees on Armed
Services of the Senate and House of Representatives,
the Defense Subcommittees of the Committees on Ap-
propriations of the Senate and House of Representa-
tives, the Select Committee on Intelligence of the Sen-
ate, and the Permanent Select Committee on Intel-
ligence of the House of Representatives; and
(2) the term ‘‘intelligence community’’ has the
same meaning given to that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401(4)).
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. AMENDMENT OF SECTION 4(a) OF THE CIA ACT OF
1949.
Section 4(a) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403e(a)) is amended in subparagraphs (A)
and (C) of paragraph (5), by striking ‘‘not the result of
vicious habits, intemperance, or misconduct on his part,’’
each place it appears.
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SEC. 402. GENERAL COUNSEL OF THE CENTRAL INTEL-
LIGENCE AGENCY.
(a) POSITION
ESTABLISHED.—The Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is
amended by adding at the end the following new section:
‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE
AGENCY
‘‘SEC. 20. (a) There is a General Counsel of the Central
Intelligence Agency appointed from civilian life by the
President, by and with the advice and consent of the Senate.
‘‘(b) The General Counsel of the Central Intelligence
Agency is the chief legal officer of the Central Intelligence
Agency.
‘‘(c) The General Counsel of the Central Intelligence
Agency shall perform such functions as the Director of
Central Intelligence may prescribe.’’.
(b) PAY FOR POSITION.—Section 5315 of title 5, Unit-
ed States Code, is amended by adding at the end the follow-
ing:
‘‘General Counsel of the Central Intelligence Agency.’’.
TITLE V—DEPARTMENT OF
DEFENSE
SEC. 501. CENTRAL IMAGERY OFFICE.
(a) AMENDMENTS OF THE NATIONAL SECURITY ACT
OF 1947.—(1) Section 105(b)(2) of the National Security
Act of 1947 (50 U.S.C. 403–5(b)(2)) is amended by striking
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‘‘a central imagery authority’’ and inserting in lieu thereof
‘‘the Central Imagery Office’’.
(2) Section 106(b) of such Act (50 U.S.C. 403–6(b))
is amended—
(A) in the subsection caption, by striking out
‘‘CENTRAL IMAGERY AUTHORITY’’ and inserting in
lieu thereof ‘‘CENTRAL IMAGERY OFFICE’’; and
(B) by striking out ‘‘Central Imagery Authority’’
and inserting in lieu thereof ‘‘Central Imagery Of-
fice’’.
(b) CIVILIAN PERSONNEL MANAGEMENT
FOR
THE
CENTRAL IMAGERY OFFICE.—(1) Subject to paragraph (2),
the Secretary of Defense may exercise the authorities set
forth in sections 1601 and 1604 of title 10, United States
Code, pertaining to civilian officers and employees in the
Defense Intelligence Agency, with respect to civilian officers
and employees of the Central Imagery Office.
(2)(A) Civilian personnel administrative support for
officers and employees of the Central Imagery Office shall
remain a responsibility of the Defense Intelligence Agency.
(B) The authority provided in section 1604(e)(1) of
title 10, United States Code, may, with respect to civilian
officers and employees of the Central Imagery Office, be del-
egated by the Secretary of Defense only to the Deputy Sec-
retary of Defense.
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SEC. 
502. 
PUBLIC 
AVAILABILITY 
OF 
CERTAIN 
MAPS,
CHARTS, AND GEODETIC DATA.
Section 2796(b)(1)(C) of title 10, United States Code
is amended by inserting ‘‘jeopardize or interfere with ongo-
ing military or intelligence operations, or’’ after ‘‘dis-
closed,’’.
SEC. 503. AUTHORITY TO ESTABLISH A NATIONAL PUBLIC
INFORMATION CENTER.
Of the funds made available to the Secretary of Defense
under this Act, the Secretary is authorized during fiscal
year 1995 to expend not more than $3,000,000 to establish
a National Public Information Center for the purpose of—
(1) surveying, collecting, storing, distributing,
and presenting unclassified information, including
information retained by Government agencies as of
the date of enactment of this Act;
(2) providing support for training in decision-
making, and for professional education in the Depart-
ment of Defense and the intelligence community (as
defined in section 3(4) of the National Security Act
of 1947); and
(3) informing more broadly the American public.
SEC. 504. LIMITATIONS ON FUNDING OF THE NATIONAL RE-
CONNAISSANCE OFFICE.
(a) REVIEW OF PROJECT; COMPLIANCE WITH DOD
PROCUREMENT AND CONTRACTING PROCEDURES.—Of the
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funds made available by this Act for the National Recon-
naissance Office under the classified Schedule of Authoriza-
tions referred to in section 102 of this Act—
(1) $50,000,000 out of the Miscellaneous Support
account of the Mission Support Consolidated Expend-
iture Center may not be obligated or expended until
the Director of Central Intelligence and the Secretary
of Defense have completed a review of the National
Reconnaissance Office Headquarters Building project
and the results of such review have been disclosed to
the congressional intelligence committees; and
(2) no such funds made available by this Act
may be obligated or expended for the purchase of any
real property, or to contract for any construction or
acquisition, in connection with the construction of
buildings or facilities, unless (and to the extent
that)—
(A) such purchase or contract is made or
entered into in accordance with the policies and
procedures applicable to other elements of the De-
partment of Defense; or
(B) the President determines that the na-
tional security interest of the United States re-
quires that such policies and procedures shall not
apply to a particular purchase or contract and
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reports such determination in accordance with
subsection (b).
(b) WAIVER PROCEDURES.—Not later than 30 days
after making a determination under subsection (a)(2)(B),
the President shall report in writing the determination to
the congressional intelligence committees.
(c) SPECIFIC AUTHORIZATION AND APPROPRIATIONS
REQUIRED.—Except to the extent and in the amounts spe-
cifically provided in an Act authorizing appropriations
and in an appropriation Act, no funds made available
under any provision of law may be obligated or expended
for the National Reconnaissance Office Headquarters
Building project if such funds would cause the total amount
obligated 
or 
expended 
for 
such 
project 
to 
exceed
$310,000,000.
(d) DEFINITIONS.—As used in this section:
(1) 
CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence commit-
tees’’ means the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) NATIONAL RECONNAISSANCE OFFICE HEAD-
QUARTERS BUILDING PROJECT.—The term ‘‘National
Reconnaissance 
Office 
Headquarters 
Building
project’’ means the project for the headquarters build-
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ings of the National Reconnaissance Office, situated
at the so-call Westfields site, and includes all con-
struction and improvement of facilities (including ‘fit
up’) and all actions related to the acquisition of land,
communications, computers, furniture and other
building furnishings, and vehicle parking facilities.
TITLE VI—FEDERAL BUREAU OF
INVESTIGATION
SEC. 601. DISCLOSURE OF CONSUMER CREDIT REPORTS
FOR COUNTERINTELLIGENCE PURPOSES.
Section 608 of the Fair Credit Reporting Act (15
U.S.C. 1681f) is amended—
(1) by striking ‘‘Notwithstanding’’ and inserting
‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING INFOR-
MATION.—Notwithstanding’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) DISCLOSURES TO THE FBI FOR COUNTERINTEL-
LIGENCE PURPOSES.—
‘‘(1) CONSUMER REPORTS.—Notwithstanding the
provisions of section 604, a consumer reporting agen-
cy shall furnish a consumer report to the Federal Bu-
reau of Investigation when presented with a written
request for a consumer report, signed by the Director
of the Federal Bureau of Investigation, or the Direc-
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tor’s designee, which certifies compliance with this
subsection. The Director or the Director’s designee
may make such a certification only if the Director or
the Director’s designee has determined in writing
that—
‘‘(A) such records are necessary for the con-
duct of an authorized foreign counterintelligence
investigation; and
‘‘(B) there are specific and articulable facts
giving reason to believe that the consumer whose
consumer report is sought is a foreign power or
an agent of a foreign power, as defined in sec-
tion 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801).
‘‘(2) IDENTIFYING INFORMATION.—Notwithstand-
ing the provisions of section 604, a consumer report-
ing agency shall furnish identifying information re-
specting a consumer, limited to name, address, former
addresses, places of employment, or former places of
employment, to the Federal Bureau of Investigation
when presented with a written request, signed by the
Director or the Director’s designee, which certifies
compliance with this subsection. The Director or the
Director’s designee may make such a certification
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only if the Director or the Director’s designee has de-
termined in writing that—
‘‘(A) such information is necessary to the
conduct of an authorized counterintelligence in-
vestigation; and
‘‘(B) there is information giving reason to
believe that the consumer has been, or is about
to be, in contact with a foreign power or an
agent of a foreign power, as defined in section
101 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801).
‘‘(3) CONFIDENTIALITY.—No consumer reporting
agency or officer, employee, or agent of such consumer
reporting agency may disclose to any person, other
than those officers, employees, or agents of such agen-
cy necessary to fulfill the requirement to disclose in-
formation to the Federal Bureau of Investigation
under this subsection, that the Federal Bureau of In-
vestigation has sought or obtained a consumer report
or identifying information respecting any consumer
under paragraph (1) or (2), nor shall such agency, of-
ficer, employee, or agent include in any consumer re-
port any information that would indicate that the
Federal Bureau of Investigation has sought or ob-
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tained such a consumer report or identifying infor-
mation.
‘‘(4) PAYMENT OF FEES.—The Federal Bureau of
Investigation shall, subject to the availability of ap-
propriations, pay to the consumer reporting agency
assembling or providing credit reports or identifying
information in accordance with procedures established
under this title, a fee for reimbursement for such costs
as are reasonably necessary and which have been di-
rectly incurred in searching, reproducing, or trans-
porting books, papers, records, or other data required
or requested to be produced under this subsection.
‘‘(5) LIMIT
ON
DISSEMINATION.—The Federal
Bureau of Investigation may not disseminate infor-
mation obtained pursuant to this subsection outside of
the Federal Bureau of Investigation, except to the De-
partment of Justice as may be necessary for the ap-
proval or conduct of a foreign counterintelligence in-
vestigation, or, where the information concerns a per-
son subject to the Uniform Code of Military Justice,
to appropriate investigative authorities within the
military department concerned as may be necessary
for the conduct of a joint foreign counterintelligence
investigation.
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‘‘(6) RULES OF CONSTRUCTION.—Nothing in this
subsection shall be construed to prohibit information
from being furnished by the Federal Bureau of Inves-
tigation pursuant to a subpoena or court order, or in
connection with a judicial or administrative proceed-
ing to enforce the provisions of this Act. Nothing in
this subsection shall be construed to authorize or per-
mit the withholding or information from Congress.
‘‘(7) REPORTS TO CONGRESS.—On a semiannual
basis, the Attorney General of the United States shall
fully inform the Permanent Select Committee on In-
telligence and the Committee on Banking, Finance
and Urban Affairs of the House of Representatives,
and the Select Committee on Intelligence and the
Committee on Banking, Housing, and Urban Affairs
of the Senate concerning all requests made pursuant
to paragraphs (1) and (2).
‘‘(8) DAMAGES.—Any agency or department of
the United States obtaining or disclosing credit re-
ports, records, or information contained therein in
violation of this subsection is liable to the consumer
to whom such records relate in an amount equal to
the sum of—
‘‘(A) $100, without regard to the volume of
records involved;
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‘‘(B) any actual damages sustained by the
consumer as a result of the disclosure;
‘‘(C) if the violation is found to have been
willful or intentional, such punitive damages as
a court may allow; and
‘‘(D) in the case of any successful action to
enforce liability under this subsection, the costs
of the action, together with reasonable attorney
fees, as determined by the court.
‘‘(9) DISCIPLINARY ACTIONS FOR VIOLATIONS.—
If a court determines that any agency or department
of the United States has violated any provision of this
subsection and the court finds that the circumstances
surrounding the violation raise questions of whether
or not an officer or employee of the agency or depart-
ment acted willfully or intentionally with respect to
the violation, the agency or department shall prompt-
ly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or
employee who was responsible for the violation.
‘‘(10) GOOD-FAITH EXCEPTION.—Any credit re-
porting agency or agent or employee thereof making
disclosure of credit reports or identifying information
pursuant to this subsection in good-faith reliance
upon a certificate of the Federal Bureau of Investiga-
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tion pursuant to provisions of this subsection shall
not be liable to any person for such disclosure under
this title, the constitution of any State, or any law
or regulation of any State or any political subdivi-
sion of any State.
‘‘(11) LIMITATION OF REMEDIES.—The remedies
and sanctions set forth in this subsection shall be the
only judicial remedies and sanctions for violation of
this subsection.
‘‘(12) INJUNCTIVE RELIEF.—In addition to any
other remedy contained in this subsection, injunctive
relief shall be available to require compliance with the
procedures of this subsection. In the event of any suc-
cessful action under this subsection, costs together
with reasonable attorney fees, as determined by the
court, may be recovered.’’.
TITLE 
VII—COUNTERINTEL-
LIGENCE AND SECURITY
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Counterintelligence and
Security Enhancements Act of 1994’’.
SEC. 702. ACCESS TO CLASSIFIED INFORMATION.
(a) AMENDMENT OF THE NATIONAL SECURITY ACT OF
1947.—The National Security Act of 1947 (50 U.S.C. 401
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et seq.) is amended by adding at the end the following new
title:
‘‘TITLE VIII—ACCESS TO CLASSIFIED
INFORMATION
‘‘PROCEDURES
‘‘SEC. 801. Not later than 180 days after the date of
enactment of this title, the President shall, by Executive
order or regulation, establish procedures to govern access
to classified information which shall be binding upon all
departments, agencies, and offices of the executive branch
of Government. Such procedures shall, at a minimum—
‘‘(1) provide that, except as may be permitted by
the President, no employee in the executive branch of
Government may be given access to classified infor-
mation by any department, agency, or office of the ex-
ecutive branch of Government unless, based upon an
appropriate background investigation, such access is
determined to be clearly consistent with the national
security interests of the United States;
‘‘(2) establish uniform minimum requirements
governing the scope and frequency of background in-
vestigations and reinvestigations for all employees in
the executive branch of Government who require ac-
cess to classified information as part of their official
responsibilities;
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‘‘(3) provide that all employees in the executive
branch of Government who require access to classified
information shall be required as a condition of such
access to provide written consent to the employing de-
partment or agency which permits access by an au-
thorized investigative agency to relevant financial
records, other financial information, consumer re-
ports, and travel records, as determined by the Presi-
dent, in accordance with section 802 of this title, dur-
ing the period of access to classified information and
for a period of five years thereafter;
‘‘(4) provide that all employees in the executive
branch of Government who require access to particu-
larly sensitive classified information, as determined
by the President, shall be required, as a condition of
maintaining access to such information, to submit to
the employing department or agency, during the pe-
riod of such access, relevant information concerning
their financial conditions and foreign travel, as deter-
mined by the President, as may be necessary to en-
sure appropriate security; and
‘‘(5) establish uniform minimum standards to
ensure that employees whose access to classified infor-
mation is being denied or terminated under this title
are appropriately advised of the reasons for such de-
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nial or termination and are provided an adequate op-
portunity to respond to all adverse information which
forms the basis for such denial or termination before
final action by the department or agency concerned,
except that, wherever such information is derived
from a classified source, appropriate measures shall
be taken to conceal the identity of such source from
the employee concerned.
‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES
‘‘SEC. 802. (a)(1) Any authorized investigative agency
may request from any financial agency, financial institu-
tion, or holding agency, or from any consumer credit re-
porting agency, such financial records, other financial in-
formation, and consumer reports as may be necessary in
order to conduct any authorized law enforcement investiga-
tion, counterintelligence inquiry, or security determination.
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 by the President in
an Executive order or regulation, as a condition of
access to classified information, to provide consent,
during a background investigation and for such time
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as access to the information is maintained, and for
a period of not more than 5 years thereafter, permit-
ting access to financial records, other financial infor-
mation, consumer reports, and travel records; and
‘‘(B)(i) there is information or allegations indi-
cating that the person is, or may be, disclosing classi-
fied information in an unauthorized manner to a for-
eign power or agent of a foreign power;
‘‘(ii) information comes to the attention of the
employing agency indicating the person has incurred
excessive indebtedness or has acquired a level of afflu-
ence which cannot be explained by other information
known to the agency; or
‘‘(iii) circumstances indicate the person had the
capability and opportunity to disclose classified in-
formation which is known to have been lost or com-
promised to a foreign power or an agent of a foreign
power.
‘‘(3) Each such request—
‘‘(A) shall be accompanied by a written certifi-
cation signed by the department or agency head or
deputy department or agency head concerned, or by
a senior official designated for this purpose by the de-
partment or agency head concerned (whose rank shall
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be no lower than Assistant Secretary or Assistant Di-
rector), and shall certify that—
‘‘(i) the person concerned is or was an em-
ployee 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 em-
ployee has previously agreed to make available to
the authorized investigative agency for review;
‘‘(B) shall contain a copy of the agreement re-
ferred to in subparagraph (A)(iii);
‘‘(C) shall identify specifically or by category the
records or information to be reviewed; and
‘‘(D) shall inform the recipient of the request of
the prohibition described in subsection (b).
‘‘(b) Notwithstanding any other provision of law, no
governmental or private entity, or officer, employee, or
agent of such entity, may disclose to any person, other than
those officers, employees, or agents of such entity necessary
to satisfy a request made under this section, that such entity
has received or satisfied a request made by an authorized
investigative agency under this section.
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‘‘(c)(1) Notwithstanding any other provision of law
(other than section 6103 of the Internal Revenue Code of
1986), an entity receiving a request for records or informa-
tion under subsection (a) shall, if the request satisfies the
requirements 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.
‘‘(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 disclosure
to any person under this title, the constitution of any State,
or any law or regulation of any State or any political sub-
division of any State.
‘‘(d) Any agency requesting records or information
under this section may, subject to the availability of appro-
priations, reimburse a private entity for any cost reason-
ably incurred by such entity in responding to such request,
including the cost of identifying, reproducing, or transport-
ing records or other data.
‘‘(e) An agency receiving records or information pur-
suant to a request under this section may disseminate the
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records or information obtained pursuant to such request
outside the agency only—
‘‘(1) to the agency employing the employee who
is the subject of the records or information;
‘‘(2) to the Department of Justice for law en-
forcement or counterintelligence purposes; or
‘‘(3) with respect to dissemination to an agency
of the United States, if such information is clearly
relevant to the authorized responsibilities of such
agency.
‘‘(f) Nothing in this section may be construed to affect
the authority of an investigative agency to obtain informa-
tion 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.).
‘‘EXCEPTIONS
‘‘SEC. 803. Except as otherwise specifically provided,
the provisions of this title shall not apply to the President
and Vice President, Members of the Congress, Justices of
the Supreme Court, and Federal judges appointed by the
President.
‘‘DEFINITIONS
‘‘SEC. 804. For purposes of this title—
‘‘(1) the term ‘authorized investigative agency’
means an agency authorized by law or regulation to
conduct a counterintelligence investigation or inves-
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tigations of persons who are proposed for access to
classified information to ascertain whether such per-
sons satisfy the criteria for obtaining and retaining
access to such information;
‘‘(2) the term ‘classified information’ means any
information that has been determined pursuant to
Executive Order No. 12356 of April 2, 1982, or suc-
cessive orders, or the Atomic Energy Act of 1954, to
require protection against unauthorized disclosure
and that is so designated;
‘‘(3) the term ‘consumer credit reporting agency’
has the meaning given such term in section 603 of the
Consumer Credit Protection Act (15 U.S.C. 1681a);
‘‘(4) 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;
‘‘(5) the terms ‘financial agency’ and ‘financial
institution’ have the meanings given to such terms in
section 5312(a) of title 31, United States Code, and
the term ‘holding agency’ has the meaning given to
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such term in section 1101(6) of the Right to Finan-
cial Privacy Act of 1978 (12 U.S.C. 3401);
‘‘(6) the terms ‘foreign power’ and ‘agent of a
foreign power’ have the same meanings as set forth in
sections 101 (a) and (b), respectively, of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1801); and
‘‘(7) the term ‘State’ means each of the several
States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth
of the Northern Mariana Islands, the United States
Virgin Islands, Guam, American Samoa, the Repub-
lic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau (until such
time as the Compact of Free Association is ratified),
and any other possession of the United States.’’.
(b) CLERICAL AMENDMENT.—The table of contents of
the National Security Act of 1947 is amended by adding
at the end the following:
‘‘TITLE VIII—ACCESS TO CLASSIFIED INFORMATION
‘‘Sec. 801. Procedures.
‘‘Sec. 802. Requests by authorized investigative agencies.
‘‘Sec. 803. Exceptions.
‘‘Sec. 804. Definitions.’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
sections (a) and (b) shall take effect 180 days after the date
of enactment of this Act.
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SEC. 703. COORDINATION OF COUNTERINTELLIGENCE AC-
TIVITIES.
(a) ESTABLISHMENT OF COUNTERINTELLIGENCE POL-
ICY BOARD.—(1) There is established within the executive
branch of Government a National Counterintelligence Pol-
icy Board (in this section referred to as the ‘‘Board’’). The
Board shall report to the President through the National
Security Council.
(2) The Board shall consist of the following individ-
uals:
(A) The Attorney General, who shall serve as
Chair.
(B) The Secretary of Defense.
(C) The Director of Central Intelligence.
(D) The Director of the Federal Bureau of Inves-
tigation.
(E) The Assistant to the President for National
Security Affairs.
(b) FUNCTION OF THE BOARD.—The Board shall serve
as the principal mechanism for—
(1) developing policies and procedures for the ap-
proval of the President to govern the conduct of coun-
terintelligence activities; and
(2) resolving conflicts, as directed by the Presi-
dent, which may arise between elements of the Gov-
ernment which carry out such activities.
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(c) COORDINATION OF COUNTERINTELLIGENCE MAT-
TERS WITH THE FEDERAL BUREAU OF INVESTIGATION.—
(1) Except as provided in paragraph (3) below, the head
of each department or agency within the executive branch
shall ensure that—
(A) the Federal Bureau of Investigation is ad-
vised immediately of any information, regardless of
its source, which indicates that classified information
is being, or may have been, deliberately disclosed in
an unauthorized manner to a foreign power or an
agent of a foreign power;
(B) following a report made pursuant to sub-
paragraph (A), the Federal Bureau of Investigation is
consulted with respect to all subsequent actions which
may be undertaken by the department or agency con-
cerned to determine the source of such loss or com-
promise; and
(C) where, after appropriate consultation with
the department or agency concerned, the Federal Bu-
reau of Investigation undertakes investigative activi-
ties to determine the source of the loss or compromise,
the FBI is given complete and timely access to its em-
ployees and records for purposes of such investigative
activities.
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(2) Except as provided in paragraph (3) below, the
Director of the Federal Bureau of Investigation shall ensure
that counterintelligence information obtained by the Fed-
eral Bureau of Investigation pertaining to the personnel,
operations, or information of departments or agencies of the
executive branch, is provided through appropriate channels
to the department or agency concerned, and that such de-
partments or agencies are consulted in advance with respect
to any action taken by the Federal Bureau of Investigation
involving the personnel, operations, or information of such
department or agency after a report is provided pursuant
to subparagraph (1)(A).
(3) Where essential to meet extraordinary cir-
cumstances affecting vital national security interests of the
United States, the President may on a case-by-case basis
waive the requirements of paragraphs (1) or (2), above, as
they apply to the head of a particular department or agen-
cy, or the Director of the Federal Bureau of Investigation.
Such waiver shall be in writing and shall fully state the
justification for such waiver. Within thirty days of issuing
such waiver, the President shall notify the Select Committee
on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives
that such waiver has been issued, and at that time or as
soon as national security considerations permit, provide
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these committees with a complete explanation of the cir-
cumstances which necessitated such waiver.
(4) The Director of the Federal Bureau of Investigation
shall, in consultation with the Director of Central Intel-
ligence and the Secretary of Defense, report annually, be-
ginning on February 1, 1995, and continuing each year
thereafter, to the Select Committee on Intelligence of the
Senate and to the Permanent Select Committee on Intel-
ligence of the House of Representatives with respect to com-
pliance with paragraphs (1) and (2) during the previous
calendar year.
(5) Nothing in this section may be construed to alter
the existing jurisdictional arrangements between the Fed-
eral Bureau of Investigation and the Department of Defense
with respect to investigations of persons subject to the Uni-
form Code of Military Justice, nor to impose additional re-
porting requirements upon the Department of Defense with
respect to such investigations beyond those required by ex-
isting law and executive branch policy.
(6) As used in this section, the terms ‘‘foreign power’’
and ‘‘agent of a foreign power’’ have the same meanings
as set forth in subsections 101 (a) and (b), respectively, of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
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SEC. 704. DISCLOSURE OF CONSUMER CREDIT REPORTS
FOR COUNTERINTELLIGENCE PURPOSES.
Section 608 of the Fair Credit Reporting Act (15
U.S.C. 1681f) is amended—
(1) by striking ‘‘Notwithstanding’’ and inserting
‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING INFOR-
MATION.—Notwithstanding’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) DISCLOSURES TO THE FBI FOR COUNTERINTEL-
LIGENCE PURPOSES.—
‘‘(1) CONSUMER REPORTS.—Notwithstanding the
provisions of section 604, a consumer reporting agen-
cy shall furnish a consumer report to the Federal Bu-
reau of Investigation when presented with a written
request for a consumer report, signed by the Director
or Deputy Director of the Federal Bureau of Inves-
tigation who certifies compliance with this subsection.
The Director or Deputy Director may make such a
certification only if he has determined in writing
that—
‘‘(A) such records are necessary for the con-
duct of an authorized foreign counterintelligence
investigation; and
‘‘(B) there are specific and articulable facts
giving reason to believe that the consumer whose
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consumer report is sought is a foreign power or
an agent of a foreign power, as defined in sec-
tion 101 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801).
‘‘(2) IDENTIFYING INFORMATION.—Notwithstand-
ing the provisions of section 604, a consumer report-
ing agency shall furnish identifying information re-
specting a consumer, limited to name, address, former
addresses, places of employment, or former places of
employment, to the Federal Bureau of Investigation
when presented with a written request, signed by the
Director or Deputy Director, which certifies compli-
ance with this subsection. The Director or Deputy Di-
rector may make such certification only if the Direc-
tor or Deputy Director has determined in writing
that—
‘‘(A) such information is necessary to the
conduct of an authorized foreign counterintel-
ligence investigation; and
‘‘(B) there is information giving reason to
believe that the consumer has been, or is about
to be, in contact with a foreign power or an
agent of a foreign power, as so defined.
‘‘(3) CONFIDENTIALITY.—No consumer reporting
agency or officer, employee, or agent of such consumer
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reporting agency may disclose to any person, other
than those officers, employees, or agents of such agen-
cy necessary to fulfill the requirement to disclose in-
formation to the Federal Bureau of Investigation
under this subsection, that the Federal Bureau of In-
vestigation has sought or obtained a consumer report
or identifying information respecting any consumer
under paragraph (1) or (2), nor shall such agency, of-
ficer, employee, or agent include in any consumer re-
port any information that would indicate that the
Federal Bureau of Investigation has sought or ob-
tained such a consumer report or identifying infor-
mation.
‘‘(4) PAYMENT OF FEES.—The Federal Bureau of
Investigation may, subject to the availability of ap-
propriations, pay to the consumer reporting agency
assembling or providing credit reports or identifying
information in accordance with this title, a fee for re-
imbursement for such costs as are reasonably nec-
essary and which have been directly incurred in
searching, reproducing, or transporting books, papers,
records, or other data required or requested to be pro-
duced under this subsection.
‘‘(5) LIMIT
ON
DISSEMINATION.—The Federal
Bureau of Investigation may not disseminate infor-
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mation obtained pursuant to this subsection outside of
the Federal Bureau of Investigation, except to the De-
partment of Justice or as may be necessary for the
conduct of a foreign counterintelligence investigation.
‘‘(6) RULES OF CONSTRUCTION.—Nothing in this
subsection shall be construed to prohibit information
from being furnished by the Federal Bureau of Inves-
tigation pursuant to a subpoena or court order, or in
connection with a judicial or administrative proceed-
ing to enforce the provisions of this Act. Nothing in
this subsection shall be construed to authorize or per-
mit the withholding of information from Congress.
‘‘(7) REPORTS TO CONGRESS.—On an annual
basis, the Attorney General of the United States shall
fully inform the Permanent Select Committee on In-
telligence of the House of Representatives and the Se-
lect Committee on Intelligence of the Senate concern-
ing all requests made pursuant to paragraphs (1) and
(2).
‘‘(8) DAMAGES.—Any agency or department of
the United States obtaining or disclosing credit re-
ports, records, or information contained therein in
violation of this subsection is liable to the consumer
to whom such records relate in an amount equal to
the sum of—
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‘‘(A) $100, without regard to the volume of
records involved;
‘‘(B) any actual damages sustained by the
consumer as a result of the disclosure;
‘‘(C) if the violation is found to have been
willful or intentional, such punitive damages as
a court may allow; and
‘‘(D) in the case of any successful action to
enforce liability under this subsection, the costs
of the action, together with reasonable attorney’s
fees, as determined by the court.
‘‘(9) GOOD FAITH EXCEPTION.—Any credit re-
porting agency or agent or employee thereof making
disclosure of credit reports or identifying information
pursuant to this subsection in good faith reliance
upon a certificate of the Federal Bureau of Investiga-
tion pursuant to this subsection shall not be liable to
any person for such disclosure under this title, the
constitution of any State, or any law or regulation
of any State or any political subdivision of any
State. As used in this subsection, the term ‘State’
means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the
Trust Territory of the Pacific Islands, and any terri-
tory or possession of the United States.
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‘‘(A) the target of the physical search is a
foreign power or an agent of a foreign power, ex-
cept that no United States person may be con-
sidered an agent of a foreign power solely upon
the basis of activities protected by the first
amendment to the Constitution of the United
States;
‘‘(B) the premises or property to be searched
is owned, used, possessed by, or is in transit to
or from an agent of a foreign power or a foreign
power; and
‘‘(C) physical search of such premises or
property can reasonably be expected to yield for-
eign intelligence information which cannot rea-
sonably be obtained by normal investigative
means;
‘‘(4) the proposed minimization procedures meet
the definition of minimization contained in this title;
and
‘‘(5) the application which has been filed con-
tains all statements and certifications required by sec-
tion 302, and, if the target is a United States person,
the certification or certifications are not clearly erro-
neous on the basis of the statement made under sec-