[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4299 Committee Discharged House (CDH)]
Union Calendar No. 309
103d CONGRESS
2d Session
H. R. 4299
[Report No. 103-541, Part I]
_______________________________________________________________________
A BILL
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 Intelligence Agency
Retirement and Disability System, and for other purposes.
_______________________________________________________________________
June 24, 1994
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Union Calendar No. 309
103d CONGRESS
2d Session
H. R. 4299
[Report No. 103-541, Part I]
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 Intelligence Agency
Retirement and Disability System, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 1994
Mr. Glickman introduced the following bill; which was referred to the
Permanent Select Committee on Intelligence
June 9, 1994
Reported with an amendment; referred to the Committees on Armed
Services and the Judiciary for a period ending not later than June 24,
1994, for consideration of such provisions contained in the bill and
amendment as fall within the jurisdiction of those committees pursuant
to clause 1(c) and (1), rule X.
[Strike out all after the enacting clause and insert the part printed
in italic]
June 24, 1994
The Committees on Armed Services and the Judiciary discharged;
committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on April
26, 1994]
_______________________________________________________________________
A BILL
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 Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Authorization Act for
Fiscal Year 1995''.
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 Department 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 as of September 30, 1995, for the conduct of the
intelligence 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 Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
executive branch.
SEC. 103. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Community Management 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 available until September 30, 1996.
(b) Authorized Personnel Levels.--The Community Management Account
of the Director of Central Intelligence is authorized 209 full-time
personnel as of 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 Management 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 of less than one year for the
performance of temporary functions as required by the Director of
Central Intelligence.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
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.
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.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITALIZATION.
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 inserting
``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 inserting
``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'';
(2) in subparagraph (B), by striking ``his opinion'' both
places it appears and inserting ``the opinion 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 DEFENSE INTELLIGENCE ACTIVITIES
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 OFFICE
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 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 Agency''.
(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
(F) in subsection (e)(3)--
(i) by amending the first sentence to read
as follows: ``The Secretary of Defense may
delegate authority under this subsection only
to the Deputy Secretary of Defense, the
Director of the Defense Intelligence 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 beginning 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 1601''.
Office Civilian Personnel.
(c) Chapter 23 of Title 5.--Section 2302(a)(2)(C)(ii) of title 5,
United States Code, is amended by inserting ``the Central Imagery
Office,'' after ``Defense Intelligence Agency,''.
(d) Chapter 31 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,''.
(e) Chapter 43 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 47 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, Department 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, Department of
Defense;''.
(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 subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F);
and
(C) by inserting after subparagraph (D) the following 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 subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F);
(C) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) with respect to the Central Imagery Office,
the Director of the Central Imagery Office; 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.
(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 subparagraph (G); and
(3) by adding at the end the following:
``(H) the Central Imagery Office;''.
(k) Chapter 73 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.--Section 105(a)(1) of the
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by
inserting ``the Central Imagery Office,'' after ``Defense Intelligence
Agency,''.
(n) Employee Polygraph Protection Act of 1988.--Section
7(b)(2)(A)(i) of the Employee Polygraph 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 INTELLIGENCE 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:
``Sec. 426. Disclosure of governmental affiliation by Department of
Defense intelligence personnel 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 United 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:
``426. Disclosure of governmental affiliation by Department of Defense
intelligence personnel outside the United
States.''.
TITLE VI--INSPECTORS GENERAL
SEC. 601. INSPECTORS GENERAL FOR DIA, NSA, AND CIA.
(a) DIA.--(1) Chapter 21 of title 10, United States Code, is
amended by inserting after section 426, as added by section 502 of this
Act, the following new section:
``Sec. 427. Inspector General
``(a) Purpose; Establishment.--In order to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and conduct
independently inspections, investigations, and audits relating
to programs and operations of the Defense Intelligence Agency;
``(2) provide leadership and recommend policies designed to
promote economy, efficiency, and effectiveness in the
administration of such programs and operations, and detect
fraud and abuse in such programs and operations;
``(3) provide a means for keeping the Director fully and
currently informed about problems and deficiencies relating to
the administration of such programs and operations, and the
necessity for and the progress of corrective actions; and
``(4) in the manner prescribed by this section, ensure that
the Senate Select Committee on Intelligence and the House
Permanent Select Committee on Intelligence (hereafter in this
section referred to collectively as the `intelligence
committees') are kept similarly informed of significant
problems and deficiencies as well as the necessity for and the
progress of corrective actions,
there is hereby established in the Defense Intelligence Agency an
Office of Inspector General (hereafter in this section referred to as
the `Office').
``(b) Appointment; Supervision; Removal.--(1) There shall be at the
head of the Office an Inspector General who shall be appointed by the
Director of the Defense Intelligence Agency. This appointment shall be
made without regard to political affiliation and shall be solely 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 Federal office of Inspector General. Such
appointment shall also be made on the basis of demonstrated ability in
accounting, financial analysis, law, management analysis, public
administration, or auditing.
``(2) The Inspector General shall report directly to and be under
the general supervision of the Director.
``(3) The Director may prohibit the Inspector General from
initiating, carrying out, or completing any audit, inspection, or
investigation if the Director determines that such prohibition is
necessary to protect vital national security interests of the United
States.
``(4) If the Director exercises any power under paragraph (3), the
Director shall submit an appropriately classified statement of the
reasons for the exercise of such power within seven 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 report. In such
cases, the Inspector General may submit such comments to the
intelligence committees that the Director considers appropriate.
``(5) The Director shall report to the Inspector General of the
Department of Defense any information, allegation, or complaint
received from the Inspector General established under this section,
relating to violations of Federal criminal law involving any officer or
employee of the Defense Intelligence Agency, consistent with such
guidelines as may be issued by the Inspector General of the Department
of Defense. A copy of all such reports shall be furnished to the
Inspector General established under this section.
``(6) The Inspector General may be removed from office only by the
Director. The Director shall immediately communicate in writing to the
intelligence committees the reasons for any such removal.
``(c) Duties and Responsibilities.--It shall be the duty and
responsibility of the Inspector General appointed under this section--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
inspections, investigations, and audits relating to the
programs and operations of the Defense Intelligence Agency to
ensure they are conducted efficiently and in accordance with
applicable law and regulations;
``(2) to keep the Director fully and currently informed
concerning violations of law and regulations, fraud and other
serious problems, abuses and deficiencies that may occur in
such programs and operations, and to report the progress made
in implementing corrective action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued by
the Office, and, to the extent consistent with the purpose and
objective of such reports, take such measures as may be
appropriate to minimize the disclosure of intelligence sources
and methods described in such reports; and
``(4) in the execution of the responsibilities of the
Inspector General, to comply with generally accepted government
auditing standards.
``(d) Semiannual Reports; Immediate Reports of Serious or Flagrant
Problems; Reports of Functional Problems.--(1) The Inspector General
shall, not later than January 31 and July 31 of each year, prepare and
submit to the Director a classified semiannual report summarizing the
activities of the Office during the immediately preceding six-month
period ending December 31 (of the preceding year) and June 30,
respectively. Within thirty days of receipt of such reports, the
Director shall transmit such reports to the intelligence committees
with any comments the Director may deem appropriate. 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--
``(A) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the Defense Intelligence Agency identified by the
Office during the reporting period;
``(B) a description of the recommendations for corrective
action made by the Office during the reporting period with
respect to significant problems, abuses, or deficiencies
identified in subparagraph (A);
``(C) a statement of whether corrective action has been
completed on each significant recommendation described in
previous semiannual reports, and, in a case where corrective
action has been completed, a description of such corrective
action;
``(D) a certification that the Inspector General has had
full and direct access to all information relevant to the
performance of the functions of the Inspector General;
``(E) 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
``(F) such recommendations as the Inspector General may
wish to make concerning legislation to promote economy and
efficiency in the administration of programs and operations
undertaken by the Defense Intelligence Agency, and to detect
and eliminate fraud and abuse in such programs and operations.
``(2) The Inspector General shall report immediately to the
Director whenever the Inspector General becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to the
administration of programs or operations. The Director shall transmit
such report to the intelligence committees within seven calendar days,
together with any comments the Director considers appropriate.
``(3) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
Inspector General's duties or responsibilities; or
``(B) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately report such matter to the
intelligence committees.
``(4) Pursuant to title V of the National Security Act of 1947, the
Director shall submit to the intelligence committees any report or
findings and recommendations of an inspection, investigation, or audit
conducted by the Office which has been requested by the Chairman or
Ranking Minority Member of either committee.
``(e) Authorities of the Inspector General.--(1) The Inspector
General shall have direct and prompt access to the Director when
necessary for any purpose pertaining to the performance of the duties
of the Inspector General.
``(2) The Inspector General shall have access to any employee or
any employee of a contractor of the Defense Intelligence Agency whose
testimony is needed for the performance of the duties of the Inspector
General. In addition, the Inspector General shall have direct access to
all records, reports, audits, reviews, documents, papers,
recommendations, or other material which relate to the programs and
operations with respect to which the Inspector General has
responsibilities under this section. Failure on the part of any
employee or contractor to cooperate with the Inspector General shall be
grounds for appropriate administrative actions by the Director, to
include loss of employment or the termination of an existing
contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate complaints or information from any person concerning the
existence of an activity constituting a violation of laws, rules, or
regulations, or mismanagement, gross waste of funds, abuse of
authority, or a substantial and specific danger to the public health
and safety. Once such complaint or information has been received from
an employee of the Defense Intelligence Agency--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless the
Inspector General determines that such disclosure is
unavoidable during the course of the investigation; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint may be taken by any
employee of the Defense Intelligence Agency in a position to
take such actions, unless the complaint was made or the
information was disclosed with the knowledge that it was false
or with willful disregard for its truth or falsity.
``(4) The Inspector General shall have authority to administer to
or take from any person an oath, affirmation, or affidavit, whenever
necessary in the performance of the duties of the Inspector General,
which oath, affirmation, or affidavit when administered or taken by or
before an employee of the Office designated by the Inspector General
shall have the same force and effect as if administered or taken by or
before an officer having a seal.
``(5) The Inspector General shall be provided with appropriate and
adequate office space at central and field office locations, together
with such equipment, office supplies, maintenance services, and
communications facilities and services as may be necessary for the
operation of such offices.
``(6) Subject to applicable law and the policies of the Director,
the Inspector General 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 employees have the requisite
training and experience to enable 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 Inspector
General a career cadre of sufficient size to provide appropriate
continuity and objectivity needed for the effective performance of the
duties of the Inspector General.
``(7) Subject to the concurrence of the Director, the Inspector
General may request such information or assistance as may be necessary
for carrying out the duties and responsibilities of the Inspector
General from any Federal agency. Upon request of the Inspector General
for such information or assistance, the head of the Federal agency
involved shall, insofar as is practicable and not in contravention of
any existing statutory restriction or regulation of the Federal agency
concerned, furnish to the Inspector General, or to an authorized
designee, such information or assistance.
``(f) Relationship With Inspector General of the Department of
Defense.--Nothing in this section shall be construed to affect the
authorities and responsibilities of the Inspector General of the
Department of Defense.
``(g) Separate Budget Account.--Beginning with fiscal year 1996,
there shall be included in the National Foreign Intelligence Program
budget a separate account for the Office of Inspector General
established pursuant to this section.
``(h) Transfer.--There shall be transferred to the Office the
office of the Defense Intelligence Agency referred to as the `Office of
Inspector General'. The personnel, assets, liabilities, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, held, used,
arising from, or available to such `Office of Inspector General' are
hereby transferred to the Office established pursuant to this
section.''.
(2) The table of sections of chapter 21 of title 10, United States
Code, is amended by inserting after the item relating to section 426,
as added by section 502 of this Act, the following:
``427. Inspector General.''.
(b) NSA.--The National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by adding at the end the following:
``SEC. 19. INSPECTOR GENERAL.
``(a) Purpose; Establishment.--In order to--
``(1) create an objective and effective office,
appropriately accountable to Congress, to initiate and conduct
independently inspections, investigations, and audits relating
to programs and operations of the National Security Agency;
``(2) provide leadership and recommend policies designed to
promote economy, efficiency, and effectiveness in the
administration of such programs and operations, and detect
fraud and abuse in such programs and operations;
``(3) provide a means for keeping the Director fully and
currently informed about problems and deficiencies relating to
the administration of such programs and operations, and the
necessity for and the progress of corrective actions; and
``(4) in the manner prescribed by this section, ensure that
the Senate Select Committee on Intelligence and the House
Permanent Select Committee on Intelligence (hereafter in this
section referred to collectively as the `intelligence
committees') are kept similarly informed of significant
problems and deficiencies as well as the necessity for and the
progress of corrective actions,
there is hereby established in the National Security Agency an Office
of Inspector General (hereafter in this section referred to as the
`Office').
``(b) Appointment; Supervision; Removal.--(1) There shall be at the
head of the Office an Inspector General who shall be appointed by the
Director of the National Security Agency. This appointment shall be
made without regard to political affiliation and shall be solely on the
basis of integrity, compliance with the security standards of the
National Security Agency, and prior experience in the field of foreign
intelligence and in a Federal office of Inspector General. Such
appointment shall also be made on the basis of demonstrated ability in
accounting, financial analysis, law, management analysis, public
administration, or auditing.
``(2) The Inspector General shall report directly to and be under
the general supervision of the Director.
``(3) The Director may prohibit the Inspector General from
initiating, carrying out, or completing any audit, inspection, or
investigation if the Director determines that such prohibition is
necessary to protect vital national security interests of the United
States.
``(4) If the Director exercises any power under paragraph (3), the
Director shall submit an appropriately classified statement of the
reasons for the exercise of such power within seven 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 report. In such
cases, the Inspector General may submit such comments to the
intelligence committees that the Director considers appropriate.
``(5) The Director shall report to the Inspector General of the
Department of Defense any information, allegation, or complaint
received from the Inspector General established under this section,
relating to violations of Federal criminal law involving any officer or
employee of the National Security Agency, consistent with such
guidelines as may be issued by the Inspector General of the Department
of Defense. A copy of all such reports shall be furnished to the
Inspector General established under this section.
``(6) The Inspector General may be removed from office only by the
Director. The Director shall immediately communicate in writing to the
intelligence committees the reasons for any such removal.
``(c) Duties and Responsibilities.--It shall be the duty and
responsibility of the Inspector General appointed under this section--
``(1) to provide policy direction for, and to plan,
conduct, supervise, and coordinate independently, the
inspections, investigations, and audits relating to the
programs and operations of the National Security Agency to
ensure they are conducted efficiently and in accordance with
applicable law and regulations;
``(2) to keep the Director fully and currently informed
concerning violations of law and regulations, fraud and other
serious problems, abuses and deficiencies that may occur in
such programs and operations, and to report the progress made
in implementing corrective action;
``(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued by
the Office, and, to the extent consistent with the purpose and
objective of such reports, take such measures as may be
appropriate to minimize the disclosure of intelligence sources
and methods described in such reports; and
``(4) in the execution of the responsibilities of the
Inspector General, to comply with generally accepted government
auditing standards.
``(d) Semiannual Reports; Immediate Reports of Serious or Flagrant
Problems; Reports of Functional Problems.--(1) The Inspector General
shall, not later than January 31 and July 31 of each year, prepare and
submit to the Director a classified semiannual report summarizing the
activities of the Office during the immediately preceding six-month
period ending December 31 (of the preceding year) and June 30,
respectively. Within thirty days, the Director shall transmit such
reports to the intelligence committees with any comments the Director
may deem appropriate. 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--
``(A) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the National Security Agency identified by the
Office during the reporting period;
``(B) a description of the recommendations for corrective
action made by the Office during the reporting period with
respect to significant problems, abuses, or deficiencies
identified in subparagraph (A);
``(C) a statement of whether corrective action has been
completed on each significant recommendation described in
previous semiannual reports, and, in a case where corrective
action has been completed, a description of such corrective
action;
``(D) a certification that the Inspector General has had
full and direct access to all information relevant to the
performance of the functions of the Inspector General;
``(E) 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
``(F) such recommendations as the Inspector General may
wish to make concerning legislation to promote economy and
efficiency in the administration of programs and operations
undertaken by the National Security Agency, and to detect and
eliminate fraud and abuse in such programs and operations.
``(2) The Inspector General shall report immediately to the
Director whenever the Inspector General becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to the
administration of programs or operations. The Director shall transmit
such report to the intelligence committees within seven calendar days,
together with any comments the Director considers appropriate.
``(3) In the event that--
``(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
Inspector General's duties or responsibilities; or
``(B) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately report such matter to the
intelligence committees.
``(4) Pursuant to title V of the National Security Act of 1947, the
Director shall submit to the intelligence committees any report or
findings and recommendations of an inspection, investigation, or audit
conducted by the Office which has been requested by the Chairman or
Ranking Minority Member of either committee.
``(e) Authorities of the Inspector General.--(1) The Inspector
General shall have direct and prompt access to the Director when
necessary for any purpose pertaining to the performance of the duties
of the Inspector General.
``(2) The Inspector General shall have access to any employee or
any employee of a contractor of the National Security Agency whose
testimony is needed for the performance of the duties of the Inspector
General. In addition, the Inspector General shall have direct access to
all records, reports, audits, reviews, documents, papers,
recommendations, or other material which relate to the programs and
operations with respect to which the Inspector General has
responsibilities under this section. Failure on the part of any
employee or contractor to cooperate with the Inspector General shall be
grounds for appropriate administrative actions by the Director, to
include loss of employment or the termination of an existing
contractual relationship.
``(3) The Inspector General is authorized to receive and
investigate complaints or information from any person concerning the
existence of an activity constituting a violation of laws, rules, or
regulations, or mismanagement, gross waste of funds, abuse of
authority, or a substantial and specific danger to the public health
and safety. Once such complaint or information has been received from
an employee of the National Security Agency--
``(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless the
Inspector General determines that such disclosure is
unavoidable during the course of the investigation; and
``(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint may be taken by any
employee of the National Security Agency in a position to take
such actions, unless the complaint was made or the information
was disclosed with the knowledge that it was false or with
willful disregard for its truth or falsity.
``(4) The Inspector General shall have authority to administer to
or take from any person an oath, affirmation, or affidavit, whenever
necessary in the performance of duties of the Inspector General, which
oath, affirmation, or affidavit when administered or taken by or before
an employee of the Office designated by the Inspector General shall
have the same force and effect as if administered or taken by or before
an officer having a seal.
``(5) The Inspector General shall be provided with appropriate and
adequate office space at central and field office locations, together
with such equipment, office supplies, maintenance services, and
communications facilities and services as may be necessary for the
operation of such offices.
``(6) Subject to applicable law and the policies of the Director,
the Inspector General 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 employees have the requisite
training and experience to enable 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 Inspector
General a career cadre of sufficient size to provide appropriate
continuity and objectivity needed for the effective performance of the
duties of the Inspector General.
``(7) Subject to the concurrence of the Director, the Inspector
General may request such information or assistance as may be necessary
for carrying out the duties and responsibilities of the Inspector
General from any Federal agency. Upon request of the Inspector General
for such information or assistance, the head of the Federal agency
involved shall, insofar as is practicable and not in contravention of
any existing statutory restriction or regulation of the Federal agency
concerned, furnish to the Inspector General, or to an authorized
designee, such information or assistance.
``(f) Relationship With Inspector General of the Department of
Defense.--Nothing in this section shall be construed to affect the
authorities and responsibilities of the Inspector General of the
Department of Defense.
``(g) Separate Budget Account.--Beginning with fiscal year 1996,
there shall be included in the National Foreign Intelligence Program
budget a separate account for the Office of Inspector General
established pursuant to this section.
``(h) Transfer.--There shall be transferred to the Office the
office of the National Security Agency referred to as the `Office of
Inspector General'. The personnel, assets, liabilities, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, held, used,
arising from, or available to such `Office of Inspector General' are
hereby transferred to the Office established pursuant to this
section.''.
(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 thereof and
inserting ``, or auditing.'';
(2) in subsection (c)(1), by striking ``to conduct'' and
inserting ``to plan, conduct'';
(3) in subsection (d)(1)--
(A) by striking ``June 30 and December 31'' and
inserting ``January 31 and July 31'';
(B) by striking ``period.'' at the end of the first
sentence and inserting ``periods ending December 31 (of
the preceding year) and June 30, respectively.''; and
(C) by inserting ``of receipt of such reports''
after ``thirty days'';
(4) in subsection (d)(3)(C), by inserting ``inspection, or
audit,'' after ``investigation,'';
(5) in subsection (d)(4), by inserting ``or findings and
recommendations'' after ``report''; and
(6) in subsection (e)(6)--
(A) by striking ``it is the sense of Congress
that''; and
(B) by striking ``should'' and inserting ``shall''.
TITLE VII--CLASSIFICATION MANAGEMENT
SEC. 701. DECLASSIFICATION PLAN.
Each agency of the National Foreign Intelligence Program to which
is appropriated more than $1,000,000 in the security, countermeasures,
and related activities structural category for fiscal year 1995 shall
allocate at least two percent of their total expenditure in this
structural 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 within 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 material,
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 appropriate types and amounts of information
to be maintained in the future, how it will be stored,
safeguarded, and reviewed, and the projected costs of these
classification management activities for the succeeding five
years.
(2) Commencement of the process of declassification 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 Representatives and
the Select Committee on Intelligence 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 required
by paragraph (1).
SEC. 702. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(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 information. 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 information
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 information shall occur, with a
recognition that extension of such period may be required in
certain circumstances.
(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 Senate.
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, Members of the
Congress (including any Resident Commissioner and Delegate to the House
of Representatives), Justices of the Supreme Court, and Federal judges
appointed 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 governmental 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 regulation 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 regulation 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
conducting 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;
``(2) consumer reports held by a consumer credit 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 agency may request
from any financial agency, financial institution, 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
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, as a condition of access to classified
information, to provide consent, during a background
investigation, for such time as access to the information is
maintained, and for three years thereafter, permitting access
to financial records, other financial information, consumer
reports, and travel records; and
``(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
excessive 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 certify 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 reviewed
are records or information which the employee has
previously agreed to make available to the authorized
investigative agency for review;
``(B) contain a copy of the agreement referred to in
subparagraph (A)(iii);
``(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 information.
``(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 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.
``(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 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 inspection or copying
pursuant to this section in good faith reliance upon the certifications
made by an agency pursuant 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
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, reproducing, or transporting records or other data.
``(e) An agency receiving records or information pursuant 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
foreign counterintelligence purposes, or, with respect to dissemination
to an agency of the United States, only if such information is clearly
relevant to the authorized responsibilities of such agency relating to
security determinations, law enforcement, or counterintelligence.
``(f) Any agency that discloses records or information received
pursuant to a request under this section in violation 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 person as a
result of the disclosure;
``(3) if the violation is found to have been willful or
intentional, such punitive damages as the court may allow; and
``(4) in the case of any successful action to enforce
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 Congress, the Office of Technology Assessment, the
Congressional Budget Office, and the Copyright Royalty
Tribunal;
``(2) the term `authorized investigative agency' means--
``(A) an agency authorized by law or regulation to
conduct foreign counterintelligence investigations 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 Representatives,
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 legislative
branch, an agency designated by the head of such
agency; and
``(E) in the case of the judiciary, an agency
designated by the Director of the Administrative Office
of the United States Courts, under the direction of the
Chief Justice of the United States;
``(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 agency' 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 Representatives;
``(B) the Secretary of the Senate; or
``(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 Commonwealth 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 issuance of a
final regulation pursuant to section 802.''.
(b) Conforming 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. 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 ESPIONAGE.
(a) Rewards.--Section 3071 of title 18, United States Code, is
amended--
(1) by inserting ``(a)'' before ``With respect to''; and
(2) by adding at the end the following new subsection:
``(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 commission 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 conspiring 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 paragraph (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--
``(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 3071''.
espionage.
(2) The heading for chapter 204 of such title is amended to read as
follows:
``CHAPTER 204--REWARDS FOR INFORMATION 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:
``Sec. 3239. Espionage and related offenses not committed 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
``(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 authorized 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 CERTAIN ESPIONAGE LAWS.
(a) In General.--Section 798 of title 18, United States Code, is
amended by adding at the end the following 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 indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(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 provisions 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 property; 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 Treasury 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 Columbia, the Commonwealth of
Puerto Rico, the Trust Territory of the Pacific Islands, and any
territory or possession of the United States.''.
(b) Amendments for Consistency in Application 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
appears 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.--Section 4 of the Subversive
Activities Control Act of 1950 (50 U.S.C. 783) is amended by adding at
the end the following 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 indirectly, as the
result of such violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(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 provisions 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 property; 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 Treasury 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 Columbia, the Commonwealth of
Puerto Rico, the Trust Territory of the Pacific Islands, and any
territory or possession of the United States.''.
SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PERSONS CONVICTED OF
ESPIONAGE IN FOREIGN COURTS INVOLVING UNITED STATES
INFORMATION.
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 appropriate jurisdiction
within a foreign country in circumstances in which the conduct
violates the provisions 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 accordance with
procedures that provided the defendant 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 subsection shall be
subject to review by the United States Court of Claims based upon the
application of the individual 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 circumstances. 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 concerned.''.
SEC. 806. POST EMPLOYMENT ASSISTANCE FOR CIVILIAN PERSONNEL WITHIN THE
INTELLIGENCE COMPONENTS OF THE DEPARTMENT OF DEFENSE.
(a) Consolidation of Authority.--
(1) In general.--Chapter 81 of title 10, United States
Code, is amended by adding at the end the following:
``Sec. 1599. Post employment assistance regarding certain 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 employment
with the intelligence agency or component, or whose employment with the
intelligence agency or component has been terminated--
``(1) in finding and qualifying for subsequent employment;
``(2) in receiving treatment of medical or psychological
disabilities; and
``(3) in providing necessary financial support during
periods of unemployment.
``(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 employment of the
employee.
``(c) The Secretary may, to the extent and in the manner determined
by the Secretary to appropriate, delegate the authority to provide
assistance under this section.
``(d) The Secretary shall report annually to the Committees on
Appropriations of the Senate and House of Representatives, the Select
Committee on Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Representatives with respect
to any expenditure made pursuant to this section.
``(e) For the purposes of this section, the term `intelligence
agency or component' means the National Security Agency, the Defense
Intelligence Agency, the National Reconnaissance Office, the Central
Imagery Office, and the intelligence components of the military
departments.''.
(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 personnel.''.
(b) Repeal of Duplicative Authority.--
(1) Defense intelligence agency.--Paragraph (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 subsection (b) do not
affect rights and duties that matured before the date of enactment of
this section.
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