[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4299 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 4299

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for fiscal year 1995 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central 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.

SEC. 303. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

    (a) Sense of Congress.--It is the sense of the Congress that, to 
the greatest extent practicable, all equipment and products purchased 
with funds made available in this Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each agency of the Federal or District of 
Columbia government, to the greatest extent practicable, shall provide 
to such entity a notice describing the statement made in subsection (a) 
by the Congress.

SEC. 304. DISCLOSURE OF CLASSIFIED INFORMATION BY MEMBERS OF CONGRESS.

    During the fiscal year 1995, no element of the United States 
Government for which funds are authorized in this Act may provide any 
classified information concerning or derived from the intelligence or 
intelligence related activities of any such element to a Member of the 
House of Representatives unless and until a copy of the following oath 
of secrecy has been signed by that Member and has been published in the 
Congressional Record.
            ``I do solemnly swear that I will not willfully directly or 
        indirectly disclose to any unauthorized person any classified 
        information received from any department of the Government 
        funded in the Intelligence Authorization Act for Fiscal Year 
        1995 in the course of my duties as a Member of the United 
        States House of Representatives, except pursuant to the Rules 
        and Procedures of the House.''.

SEC. 305. DISCLOSURE OF CLASSIFIED INFORMATION BY MEMBERS OF CONGRESS 
              AND EXECUTIVE BRANCH OFFICERS AND EMPLOYEES.

    During the fiscal year 1995, no element of the United States 
Government for which funds are authorized in this Act may provide any 
classified information concerning or derived from the intelligence or 
intelligence-related activities of such element to a Member of Congress 
or to an officer or employee of the executive branch of the United 
States Government unless and until a copy of the following oath of 
secrecy has been signed by that Member, or officer or employee, as the 
case may be, and has been published, in an appropriate manner, in the 
Congressional Record:
            ``I do solemnly swear that I will not willfully directly or 
        indirectly disclose to any unauthorized person any classified 
        information received from any department of the Government 
        funded in the Intelligence Authorization Act for Fiscal Year 
        1995 in the course of my duties as a Member of Congress (except 
        pursuant to the rules and procedures of the appropriate House 
        of the Congress), or as an officer or employee in the executive 
        branch of the Government, as the case may be.''.
As used in this section, the term ``Member of Congress'' means a Member 
of the Senate or a Representative in, or a Delegate or Resident 
Commissioner to, the House of Representatives.

                 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) Purposes.--The purposes of this subsection are to--
                    (A) create an objective and effective office, 
                appropriately accountable to the Congress, to initiate 
                and conduct independently inspections, investigations, 
                and audits relating to programs and operations of the 
                Defense Intelligence Agency;
                    (B) provide leadership and recommend policies 
                designed to promote economy, efficiency, and 
                effectiveness in the administration of such programs 
                and operations, and detect fraud and abuse in such 
                programs and operations;
                    (C) provide a means for keeping the Director of the 
                Defense Intelligence Agency 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
                    (D) in the manner prescribed by the amendments made 
                by this subsection, ensure that the Senate Select 
                Committee on Intelligence and the House Permanent 
                Select Committee on Intelligence are kept similarly 
                informed of significant problems and deficiencies as 
                well as the necessity for and the progress of 
                corrective actions.
            (2) Establishment of office of inspector general.--The 
        first section 8G of the Inspector General Act of 1978 (5 U.S.C. 
        App.) is amended--
                    (A) in subsection (a)(2) by inserting after ``the 
                United States International Trade Commission,'' the 
                following: ``the Defense Intelligence Agency,''; and
                    (B) by adding at the end the following:
    ``(i)(1) The Inspector General of the Defense Intelligence Agency 
shall be appointed by the Director of the Defense Intelligence Agency 
(in this subsection referred to as the `Director') without regard to 
political affiliation and on the basis of integrity, compliance with 
the security standards of the Defense Intelligence Agency, and prior 
experience in the field of foreign intelligence and in a Federal office 
of Inspector General.
    ``(2)(A) Notwithstanding the second sentence of section 8G(d), the 
Director may prohibit the Inspector General of the Defense Intelligence 
Agency 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.
    ``(B) If the Director exercises any power under subparagraph (A), 
the Director shall submit an appropriately classified statement of the 
reasons for the exercise of such power within 7 days to the 
intelligence committees. The Director shall advise the Inspector 
General at the time such report is submitted, and, to the extent 
consistent with the protection of intelligence sources and methods, 
provide the Inspector General with a copy of any such report. In such 
cases, the Inspector General may submit such comments to the 
intelligence committees that the Director considers appropriate.
    ``(3) The Inspector General of the Defense Intelligence Agency 
shall take due regard for the protection of intelligence sources and 
methods in the preparation of all reports issued by the Office of 
Inspector General of the Defense Intelligence Agency, and, to the 
extent 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.
    ``(4)(A) The Inspector General of the Defense Intelligence Agency 
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 of Inspector General of the Defense 
Intelligence Agency during the immediately preceding 6-month period 
ending December 31 (of the preceding year) and June 30, respectively. 
Within 30 days after receipt of such reports, the Director shall 
transmit such reports to the intelligence committees with any comments 
the Director may deem 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--
            ``(i) 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;
            ``(ii) 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 clause (i);
            ``(iii) 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;
            ``(iv) 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;
            ``(v) a description of all cases occurring during the 
        reporting period where the Inspector General could not obtain 
        documentary evidence relevant to any inspection, audit, or 
        investigation due to the lack of authority to subpoena such 
        information; and
            ``(vi) such recommendations as the Inspector General may 
        wish to make concerning legislation to promote economy and 
        efficiency in the administration of programs and operations 
        undertaken by the Defense Intelligence Agency, and to detect 
        and eliminate fraud and abuse in such programs and operations.
    ``(B) The Inspector General of the Defense Intelligence Agency 
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 7 calendar days, together with any comments the Director 
considers appropriate.
    ``(C) In the event that--
            ``(i) the Inspector General of the Defense Intelligence 
        Agency is unable to resolve any differences with the Director 
        affecting the execution of the Inspector General's duties or 
        responsibilities; or
            ``(ii) the Inspector General, after exhausting all possible 
        alternatives, is unable to obtain significant documentary 
        information in the course of an investigation, inspection, or 
        audit,
the Inspector General shall immediately report such matter to the 
intelligence committees.
    ``(D) Section 5 shall not apply to the Inspector General and the 
Office of Inspector General of the Defense Intelligence Agency.
    ``(5) Subject to applicable law and the policies of the Director, 
the Inspector General of the Defense Intelligence Agency shall select, 
appoint, and employ such officers and employees as may be necessary to 
carry out the functions of the Inspector General. In making such 
selections, the Inspector General shall ensure that such officers and 
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.
    ``(6) Beginning with fiscal year 1996, there shall be included in 
the National Foreign Intelligence Program budget a separate account for 
the Office of Inspector General of the Defense Intelligence Agency.
    ``(7) In this subsection, the term `intelligence committees' means 
the Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate.''.
            (3) Implementation.--The Director of the Defense 
        Intelligence Agency shall, by not later than 60 days after the 
        date of the enactment of this Act and in accordance with the 
        amendments made by this subsection--
                    (A) establish the Office of Inspector General of 
                the Defense Intelligence Agency;
                    (B) appoint the Inspector General of the Defense 
                Intelligence Agency; and
                    (C) transfer to that Office the office of the 
                Defense Intelligence Agency on the day before the date 
                of the enactment of this Act known as the ``Office of 
                Inspector General''.
            (4) Transfer of resources of existing office.--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 the office in the Defense Intelligence 
        Agency on the day before the date of the enactment of this Act 
        known as ``Office of Inspector General'' are hereby transferred 
        to the Office of Inspector General of the Defense Intelligence 
        Agency established under the amendments made by this 
        subsection.
            (5) Termination of existing office.--The office in the 
        Defense Intelligence Agency on the day before the date of the 
        enactment of this Act known as ``Office of Inspector General'' 
        is terminated effective on the date of the establishment of the 
        Office of Inspector General of the Defense Intelligence Agency 
        pursuant to the amendments made by this subsection.
            (6) Conforming amendment.--The first section 8G of the 
        Inspector General Act of 1978 (5 U.S.C. App.) is amended in 
        subsection (c) by striking ``subsection (f)'' and inserting 
        ``subsections (f) and (i)''.
            (7) Reports to intelligence committees.--
                    (A) Reporting requirement.--Subchapter I of chapter 
                21 of title 10, United States Code, is amended after 
                section 426, as added by section 502 of this Act, by 
                inserting the following new section:
``Sec. 427. Reports on activities of the Office of Inspector General of 
              the Defense Intelligence Agency
    ``(a) Reporting Requirement.--The Director of the Defense 
Intelligence Agency shall submit to the intelligence committees any 
report or findings and recommendations of an inspection, investigation, 
or audit conducted by the Office of Inspector General of the Defense 
Intelligence Agency which has been requested by the Chairman or Ranking 
Minority Member of either of the intelligence committees.
    ``(b) Intelligence Committees Defined.--In this section, the term 
`intelligence committees' means the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate.''.
                    (B) Clerical amendment.--The analysis at the 
                beginning of subchapter I of chapter 23 of title 10, 
                United States Code, is amended by adding at the end the 
                following:

``427. Reports on activities of the Office of Inspector General of the 
                            Defense Intelligence Agency.''.
    (b) NSA.--
            (1) Purposes.--The purposes of this subsection are to--
                    (A) 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;
                    (B) 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;
                    (C) provide a means for keeping the Director of the 
                National Security Agency 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
                    (D) in the manner prescribed by the amendments made 
                by this subsection, ensure that the Senate Select 
                Committee on Intelligence and the House Permanent 
                Select Committee on Intelligence are kept similarly 
                informed of significant problems and deficiencies as 
                well as the necessity for and the progress of 
                corrective actions.
            (2) Establishment of office of inspector general.--The 
        first section 8G of that Act is amended--
                    (A) in subsection (a)(2), as amended by subsection 
                (a)(2) of this section, by inserting after ``the 
                Defense Intelligence Agency,'' the following: ``the 
                National Security Agency,''; and
                    (B) by adding after subsection (i), as added by 
                subsection (a)(2) of this section, the following:
    ``(j)(1) The Inspector General of the National Security Agency 
shall be appointed by the Director of the National Security Agency (in 
this subsection referred to as the `Director') without regard to 
political affiliation and on the basis of integrity, compliance with 
the security standards of the National Security Agency, and prior 
experience in the field of foreign intelligence and in a Federal office 
of Inspector General.
    ``(2)(A) Notwithstanding the second sentence of section 8G(d), the 
Director may prohibit the Inspector General of the National Security 
Agency 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.
    ``(B) If the Director exercises any power under subparagraph (A), 
the Director shall submit an appropriately classified statement of the 
reasons for the exercise of such power within 7 days to the 
intelligence committees. The Director shall advise the Inspector 
General at the time such report is submitted, and, to the extent 
consistent with the protection of intelligence sources and methods, 
provide the Inspector General with a copy of any such report. In such 
cases, the Inspector General may submit such comments to the 
intelligence committees that the Director considers appropriate.
    ``(3) The Inspector General of the National Security Agency shall 
take due regard for the protection of intelligence sources and methods 
in the preparation of all reports issued by the Office of Inspector 
General of the National Security Agency, 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.
    ``(4)(A) The Inspector General of the National Security Agency 
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 of Inspector General of the National Security 
Agency during the immediately preceding 6-month period ending December 
31 (of the preceding year) and June 30, respectively. Within 30 days 
after receipt of such reports, the Director shall transmit such reports 
to the intelligence committees with any comments the Director may deem 
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--
            ``(i) 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;
            ``(ii) 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 clause (i);
            ``(iii) 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;
            ``(iv) 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;
            ``(v) a description of all cases occurring during the 
        reporting period where the Inspector General could not obtain 
        documentary evidence relevant to any inspection, audit, or 
        investigation due to the lack of authority to subpoena such 
        information; and
            ``(vi) such recommendations as the Inspector General may 
        wish to make concerning legislation to promote economy and 
        efficiency in the administration of programs and operations 
        undertaken by the National Security Agency, and to detect and 
        eliminate fraud and abuse in such programs and operations.
    ``(B) The Inspector General of the National Security Agency 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 7 calendar days, together with any comments the Director 
considers appropriate.
    ``(C) In the event that--
            ``(i) the Inspector General of the National Security Agency 
        is unable to resolve any differences with the Director 
        affecting the execution of the Inspector General's duties or 
        responsibilities; or
            ``(ii) the Inspector General, after exhausting all possible 
        alternatives, is unable to obtain significant documentary 
        information in the course of an investigation, inspection, or 
        audit,
the Inspector General shall immediately report such matter to the 
intelligence committees.
    ``(D) Section 5 shall not apply to the Inspector General and the 
Office of Inspector General of the National Security Agency.
    ``(5) Subject to applicable law and the policies of the Director, 
the Inspector General of the National Security Agency shall select, 
appoint, and employ such officers and employees as may be necessary to 
carry out the functions of the Inspector General. In making such 
selections, the 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.
    ``(6) Beginning with fiscal year 1996, there shall be included in 
the National Foreign Intelligence Program budget a separate account for 
the Office of Inspector General of the National Security Agency.
    ``(7) In this subsection, the term `intelligence committees' means 
the Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate.''.
            (3) Implementation.--The Director of the National Security 
        Agency shall, by not later than 60 days after the date of the 
        enactment of this Act and in accordance with the amendments 
        made by this subsection--
                    (A) establish the Office of Inspector General of 
                the National Security Agency;
                    (B) appoint the Inspector General of the National 
                Security Agency; and
                    (C) transfer to that Office the office of the 
                National Security Agency on the day before the date of 
                the enactment of this Act known as the ``Office of 
                Inspector General''.
            (4) Transfer of resources of existing office.--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 the office in the National Security 
        Agency on the day before the date of the enactment of this Act 
        known as ``Office of Inspector General'' are hereby transferred 
        to the Office of Inspector General of the National Security 
        Agency established under the amendments made by this 
        subsection.
            (5) Termination of existing office.--The office in the 
        National Security Agency on the day before the date of the 
        enactment of this Act known as ``Office of Inspector General'' 
        is terminated effective on the date of the establishment of the 
        Office of Inspector General of the National Security Agency 
        pursuant to the amendments made by this subsection.
            (6) Conforming amendments.--The first section 8G of the 
        Inspector General Act of 1978 (5 U.S.C. App.) is amended in 
        subsection (c), as amended by subsection (a)(6) of this 
        section, by striking ``subsections (f) and (i)'' and inserting 
        ``subsections (f), (i), and (j)''.
            (7) Reports to intelligence committees.--The National 
        Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by 
        adding at the end the following:
    ``Sec. 19. (a) The Director of the National Security Agency shall 
submit to the intelligence committees any report or findings and 
recommendations of an inspection, investigation, or audit conducted by 
the Office of Inspector General of the National Security Agency which 
has been requested by the Chairman or Ranking Minority Member of either 
of the intelligence committees.
    ``(b) In this section, the term `intelligence committees' means the 
Permanent Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate.''.
            (8) Relationship of inspector general of department of 
        defense to those of dia and nsa.--Section 8 of the Inspector 
        General Act of 1978 (5 U.S.C. App.) is amended by adding at the 
        end the following:
    ``(h)(1) The Inspector General of the Department of Defense shall 
not have any authority to conduct any activity with respect to any 
matter that the Secretary of Defense determines relates solely to the 
Defense Intelligence Agency or the National Security Agency.
    ``(2) Upon request of the Inspector General of the Defense 
Intelligence Agency or the National Security Agency, the Inspector 
General of the Department of Defense may provide to the Inspector 
General making the request such resources (including personnel) as are 
appropriate to enable that Inspector General to carry out activities 
authorized by this Act.''.
    (c) CIA.--Section 17 of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403q) is amended--
            (1) in subsection (b)(1)--
                    (A) by striking ``foreign intelligence.'' and 
                inserting ``foreign intelligence and in a Federal 
                office of Inspector General.'';
                    (B) by striking ``or'' after ``analysis,''; and
                    (C) by striking the period at the end 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.

SEC. 703. REPORT CONCERNING THE COST OF CLASSIFICATION.

    Not later than 7 days after the date of the enactment of this Act, 
the Director of Central Intelligence shall submit to the Permanent 
Select Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate a report (in a 
classified and unclassified form) which identifies the following:
            (1) The cost of classifying documents and keeping 
        information classified by each agency within the intelligence 
        community.
            (2) The number of personnel within each such agency 
        assigned to classifying documents and keeping information 
        classified.
            (3) A plan to reduce expenditures for classifying 
        information and for keeping information classified, which shall 
        include specific expenditure reduction goals for fiscal year 
        1995 for each such agency.

                    TITLE VIII--COUNTERINTELLIGENCE

SEC. 801. ACCESS TO CLASSIFIED INFORMATION.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 401 
et seq.) is amended by adding at the end thereof the following new 
title:

             ``TITLE VIII--ACCESS TO CLASSIFIED INFORMATION

                         ``rule of application

    ``Sec. 801. The President and Vice President, 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.

           TITLE IX--INTERDICTION OF AERIAL DRUG TRAFFICKING

SEC. 901. POLICY OF THE UNITED STATES.

    It is the policy of the United States to provide intelligence 
assistance to foreign governments to support efforts by them to 
interdict aerial drug trafficking. The United States does not condone 
the intentional damage or destruction of aircraft in violation of 
international law, and provides assistance to foreign governments for 
purposes other than facilitating the intentional damage or destruction 
of aircraft in violation of international law.

SEC. 902. SENSE OF CONGRESS.

    The Congress urges the President to review in light of this title 
all interpretations within the Executive branch of law relevant to the 
provision of assistance to foreign governments for aerial drug 
interdiction, with an eye to affirming that continued provision by the 
United States of such assistance conforms fully with United States and 
international law.

            Passed the House of Representatives July 20, 1994.

            Attest:






                                                                 Clerk.
                                     





103d CONGRESS

  2d Session  

                               H. R. 4299

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for fiscal year 1995 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.