[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1301 Reported in Senate (RS)]

103d CONGRESS
  1st Session
                                S. 1301

                          [Report No. 103-115]

   To authorize appropriations for fiscal year 1994 for intelligence 
activities of the United States Government and the Central Intelligence 
    Agency Retirement and Disability System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 28 (legislative day, June 30), 1993

Mr. DeConcini, from the Select Committee on Intelligence, reported the 
   following original bill; which was read twice and referred to the 
   Committee on Armed Services for the thirty-day period provided in 
 section 3(b) of Senate Resolution 400, Ninety-fourth Congress, except 
that if such Committee fails to report such bill within the thirty-day 
 limit, such Committee shall be automatically discharged from further 
       consideration of such bill in accordance with that section

_______________________________________________________________________

                                 A BILL


 
   To authorize appropriations for fiscal year 1994 for intelligence 
activities of the United States Government 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 1994''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
Sec. 202. Technical corrections.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. General Counsel of the Central Intelligence Agency.
Sec. 402. Technical amendments to the CIA Act and National Security 
                            Act.
                     TITLE V--DEPARTMENT OF DEFENSE

Sec. 501. Foreign language proficiency pay for members of the reserve 
                            components of the Armed Forces.
Sec. 502. National Security Education Trust Fund.
               TITLE VI--FEDERAL BUREAU OF INVESTIGATION

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

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1994 
for the conduct of the intelligence 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 Central Imagery Office.
            (7) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Federal Bureau of Investigation.

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, 1994, for the conduct of the 
intelligence activities of the elements listed in such section, are 
those specified in the classified Schedule of Authorizations prepared 
by the Select Committee on Intelligence of the Senate to accompany (S. 
1301) of the One Hundred Third Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committee on 
Appropriations of the Senate and the Committee on Appropriations of the 
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. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--The Director of Central 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 1994 under section 102 of this 
Act whenever the Director determines that such action is necessary for 
the performance of important intelligence functions, except that such 
number may not, for any element of the intelligence community, exceed 2 
percent of the number of civilian personnel authorized under such 
section for such element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall promptly notify the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate whenever the Director exercises the 
authority granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorizations of Appropriations.--There is authorized to be 
appropriated for the Community Management Account of the Director of 
Central Intelligence for fiscal year 1994 the sum of $144,588,000. 
Within such amounts authorized, amounts identified for the Advanced 
Research and Development Committee shall remain available for 
obligation through September 30, 1995.
    (b) Authorized Personnel Levels.--The Community Management Account 
of the Director of Central Intelligence is authorized 237 full-time 
personnel as of September 30, 1994. 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 1994, any officer or 
employee of the United States or a member of the Armed Forces who is 
detailed to the Community Management Account 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 1 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 1994 the sum of 
$182,300,000.

SEC. 202. TECHNICAL CORRECTIONS.

    (a) Corrections.--The Central Intelligence Agency Retirement Act 
(50 U.S.C. 2001 et seq.) is amended as follows:
            (1) In section 101(7)--
                    (A) strike out the comma after ``basic pay'' and 
                insert in lieu thereof ``and''; and
                    (B) strike out ``, and interest determined under 
                section 281''.
            (2) In section 201(c), strike out ``proviso of section 
        102(d)(3) of the National Security Act of 1947, (50 U.S.C. 
        403(d)(3))'' and insert in lieu thereof ``requirement in 
        section 103(c)(5) of the National Security Act of 1947 (50 
        U.S.C. 403-3(c)(5))''.
            (3) In section 211(c)(2)(B), strike out ``the requirement 
        under section 241(b)(4)'' and insert in lieu thereof ``prior 
        notification of a current spouse, if any, unless notification 
        is waived under circumstances described in section 
        221(b)(1)(D)'';
            (4) In section 221--
                    (A) in subsection (a)(4), strike out ``(or, in the 
                case of an annuity computed under section 232 and based 
                on less than 3 years, over the total service)'';
                    (B) in subsection (f)(1)(A)--
                            (i) insert ``after the participant's 
                        death'' before the period at the end of the 
                        first sentence; and
                            (ii) strike out ``after the participant's 
                        death'' in the second sentence;
                    (C) in subsection (g)(1), strike out ``(or is 
                remarried'' and insert in lieu thereof ``(or is 
                remarried,''; and
                    (D) In subsection (j), strike out ``(except as 
                provided in paragraph (2))''.
            (5) In section 222--
                    (A) in subsection (a)(7), strike out ``any other 
                annuity'' the first time it appears and insert in lieu 
                thereof ``any survivor annuity'';
                    (B) in subsection (c)(3)(C), insert ``the 
                participant'' before ``or does not qualify''; and
                    (C) in subsection (c)(4), strike out `` shall 
                terminate'' and all that follows and insert in lieu 
                thereof ``in the case of a spouse, shall terminate on 
                the last day of the month before the spouse dies, and, 
                in the case of a former spouse, shall terminate on the 
                last day of the month before the former spouse dies, or 
                on the last day of the month before the former spouse 
                remarries before attaining age 55''.
            (6) In section 224(c)(1)(B)(i), strike out ``former 
        participant'' and insert in lieu thereof ``retired 
        participant''.
            (7) In section 225(c)--
                    (A) in paragraph (3), strike out ``any other 
                annuity'' the first time it appears and insert in lieu 
                thereof ``any survivor annuity''; and
                    (B) in paragraph (4)(A), strike out ``1991'' and 
                insert in lieu thereof ``1990''.
            (8) In section 231(d)(2), strike out ``241(b)'' and insert 
        in lieu thereof ``241(a)''.
            (9) In section 232(b)(4), strike out ``section 222'' and 
        insert in lieu thereof ``section 224''.
            (10) In section 234(b), strike out ``sections 241 and 281'' 
        and insert in lieu thereof ``section 241''.
            (11) In section 241--
                    (A) in subsection (c), strike out ``A lump-sum 
                benefit that would have been payable to a participant, 
                former participant, or annuitant, or to a survivor 
                annuitant, authorized by subsection (d) or (e) of this 
                section or by section 234(b) or 281(d)'' and insert in 
                lieu thereof ``A lump-sum payment authorized by 
                subsection (d) or (e) of this section or by section 
                281(d) and a payment of accrued and unpaid annuity 
                authorized by subsection (f) of this section'';
                    (B) redesignate subsection (f) as subsection (g); 
                and
                    (C) insert after subsection (e) the following new 
                subsection (f):
    ``(f) Payment of Accrued and Unpaid Annuity When Retired 
Participant Dies.--If a retired participant dies, any annuity accrued 
and unpaid shall be paid in accordance with subsection (c).''.
            (12) In section 264(b)--
                    (A) in paragraph (2), insert ``and'' after the 
                semicolon at the end;
                    (B) in paragraph (3), strike out ``and to any 
                payment of a return of contributions under section 
                234(a); and'' and insert in lieu thereof ``, and the 
                amount of any such payment;''; and
                    (C) strike out paragraph (4).
            (13) In section 265, strike out ``Act'' each place it 
        appears and insert in lieu thereof ``title''.
            (14) In section 291(b)(2), strike out ``or section 
        232(c)''.
            (15) In section 304(i)(1), strike out ``section 102(a)(3)'' 
        and insert in lieu thereof ``section 102(a)(4)''.
    (b) Retroactive Effective Date.--The amendments made by subsection 
(a) shall be effective as of February 1, 1993.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    There are authorized to be appropriated to carry out the purposes 
of this Act such additional amounts for fiscal year 1994 as may be 
necessary for increases in salary, pay, retirement, and other employee 
benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations in this Act does not constitute 
authority for the conduct of any intelligence activity which is not 
otherwise authorized by the Constitution or the laws of the United 
States.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.

    (a) Position Established.--The Central Intelligence Agency Act of 
1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the 
following:

          ``general counsel of the central intelligence agency

    ``Sec. 20. (a) There is a General Counsel of the Central 
Intelligence Agency appointed from civilian life by the President, by 
and with the advice and consent of the Senate.
    ``(b) The General Counsel of the Central Intelligence Agency is the 
chief legal officer of the Central Intelligence Agency.
    ``(c) The General Counsel of the Central Intelligence Agency shall 
perform such functions as the Director of Central Intelligence may 
prescribe.''.
    (b) Pay for Position.--Section 5315 of title 5, United States Code, 
is amended by adding at the end the following:
            ``General Counsel of the Central Intelligence Agency.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect one year after the date of the enactment of this Act.

SEC. 402. TECHNICAL AMENDMENTS TO THE CIA ACT AND NATIONAL SECURITY 
              ACT.

    (a) Amendments to CIA Act.--The Central Intelligence Agency Act of 
1949 (50 U.S.C. 403a et seq.) is amended as follows:
            (1) In section 5(a)--
                    (A) strike out ``Bureau of the Budget'' and insert 
                ``Office of Management and Budget''; and
                    (B) strike out ``sections 102 and 303'' and insert 
                in lieu thereof ``subparagraphs (B) and (C) of section 
                102(a)(2), subsections (c)(5) and (d) of section 103, 
                subsections (a) and (g) of section 104, and section 
                303''.
            (2) In section 6, strike out ``section 102(d)(3)'' and 
        insert in lieu thereof ``section 103(c)(5)''.
            (3) In section 19(b)--
                    (A) strike out ``231'' in the subsection heading 
                and in the matter after clause (iv) and insert in lieu 
                thereof ``232''; and
                    (B) strike out ``(50 U.S.C. 403 note)''.
    (b) Amendments to National Security Act.--Section 103(d)(3) of the 
National Security Act of 1947 is amended by striking out ``providing'' 
and inserting in lieu thereof ``provide''.

                     TITLE V--DEPARTMENT OF DEFENSE

SEC. 501. FOREIGN LANGUAGE PROFICIENCY PAY FOR MEMBERS OF THE RESERVE 
              COMPONENTS OF THE ARMED FORCES.

    (a) Bonus Authorized.--Section 316(c) of title 37, United States 
Code, is amended by striking out paragraphs (1) and (2) and inserting 
in lieu thereof the following:
    ``(1) Under regulations prescribed by the Secretary concerned, when 
a member of a reserve component who is entitled to compensation under 
section 206 of this title meets the requirements for special pay 
authorized in subsection (a), except the requirement prescribed in 
subsection (a)(1), the member may be paid an annual foreign language 
maintenance bonus.
    ``(2) The amount of the bonus under paragraph (1) shall be 
determined by the Secretary concerned but may not exceed the annual 
equivalent of the maximum monthly rate of special pay authorized under 
subsection (b) for a member referred to in subsection (a).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect with respect to the first month that begins more than 90 
days after the date of the enactment of this Act.

SEC. 502. NATIONAL SECURITY EDUCATION TRUST FUND.

    (a) Crediting of Gifts to the National Security Education Trust 
Fund.--Section 804(e) of the Intelligence Authorization Act, Fiscal 
Year 1992 (50 U.S.C. 1904(e)) is amended by adding at the end thereof 
the following:
    ``(3) Any gifts of money shall be credited to and form a part of 
the Fund.''.
    (b) Repeal of Authorization Requirement.--Section 804(b) of such 
Act is amended--
            (1) by striking ``(1)'';
            (2) by redesignating subparagraphs (A) and (B) as 
        paragraphs (1) and (2); and
            (3) by striking paragraph (2).
    (c) Transfer of Funds Requirement.--The Secretary of Defense shall 
transfer $25,000,000 from the National Security Education Trust Fund to 
the miscellaneous receipts account of the Treasury.

               TITLE VI--FEDERAL BUREAU OF INVESTIGATION

SEC. 601. FEDERAL BUREAU OF INVESTIGATION COUNTERINTELLIGENCE ACCESS TO 
              CONSUMER CREDIT RECORDS.

    Section 608 of the Fair Credit Reporting Act (15 U.S.C. 1681f) is 
amended--
            (1) by striking ``Notwithstanding'' and inserting ``(a) 
        Disclosure of Certain Identifying Information.--
        Notwithstanding''; and
            (2) by adding at the end the following new subsection:
    ``(b) Disclosures to the FBI for Counterintelligence Purposes.--
            ``(1) Consumer reports.--Notwithstanding the provisions of 
        section 604, a consumer reporting agency shall furnish a 
        consumer report to the Federal Bureau of Investigation when 
        presented with a written request for a consumer report, signed 
        by the Director of the Federal Bureau of Investigation 
        (hereafter in this section referred to as the `Director') or 
        the Director's designee, which certifies compliance with this 
        subsection. The Director or the Director's designee may make 
        such a certification only if the Director or the Director's 
        designee has determined in writing that--
                    ``(A) such records are necessary for the conduct of 
                an authorized foreign counterintelligence 
                investigation; and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the consumer whose 
                consumer report is sought is a foreign power or an 
                agent of a foreign power, as defined in section 101 of 
                the Foreign Intelligence Surveillance Act of 1978.
            ``(2) Identifying information.--Notwithstanding the 
        provisions of section 604, a consumer reporting agency shall 
        furnish identifying information respecting a consumer, limited 
        to name, address, former addresses, places of employment, or 
        former places of employment, to the Federal Bureau of 
        Investigation when presented with a written request, signed by 
        the Director or the Director's designee, which certifies 
        compliance with this subsection. The Director or the Director's 
        designee may make such a certification only if the Director or 
        the Director's designee has determined in writing that--
                    ``(A) such information is necessary to the conduct 
                of an authorized foreign counterintelligence 
                investigation; and
                    ``(B) there is information giving reason to believe 
                that the consumer has been, or is about to be, in 
                contact with a foreign power or an agent of a foreign 
                power, as defined in section 101 of the Foreign 
                Intelligence Surveillance Act of 1978.
            ``(3) Confidentiality.--No consumer reporting agency or 
        officer, employee, or agent of such consumer reporting agency 
        may disclose to any person, other than those officers, 
        employees or agents of such agency necessary to fulfill the 
        requirement to disclose information to the Federal Bureau of 
        Investigation under this subsection, that the Federal Bureau of 
        Investigation has sought or obtained a consumer report or 
        identifying information respecting any consumer under paragraph 
        (1) or (2), nor shall such agency, officer, employee, or agent 
        include in any consumer report any information that would 
        indicate that the Federal Bureau of Investigation has sought or 
        obtained such a consumer report or identifying information.
            ``(4) Payment of fees.--The Federal Bureau of Investigation 
        shall, subject to the availability of appropriations, pay to 
        the consumer reporting agency assembling or providing credit 
        reports or identifying information in accordance with 
        procedures established under this title, a fee for 
        reimbursement for such costs as are reasonably necessary and 
        which have been directly incurred in searching for, 
        reproducing, or transporting books, papers, records, or other 
        data required or requested to be produced under this 
        subsection.
            ``(5) Limit on dissemination.--The Federal Bureau of 
        Investigation may not disseminate information obtained pursuant 
        to this subsection outside of the Federal Bureau of 
        Investigation, except to the Department of Justice as may be 
        necessary for the approval or conduct of a foreign 
        counterintelligence investigation.
            ``(6) Rules of construction.--Nothing in this subsection 
        shall be construed to prohibit information from being furnished 
        by the Federal Bureau of Investigation pursuant to a subpoena 
        or court order, or in connection with a judicial or 
        administrative proceeding to enforce the provisions of this 
        Act. Nothing in this subsection shall be construed to authorize 
        or permit the withholding of information from the Congress.
            ``(7) Reports to the congress.--On a semiannual basis, the 
        Attorney General of the United States shall fully inform the 
        Permanent Select Committee on Intelligence and the Committee on 
        Banking, Finance and Urban Affairs of the House of 
        Representatives, and the Select Committee on Intelligence and 
        the Committee on Banking, Housing, and Urban Affairs of the 
        Senate concerning all requests made pursuant to paragraph (1) 
        and (2).
            ``(8) Damages.--Any agency or department of the United 
        States obtaining or disclosing credit reports, records, or 
        information contained therein in violation of this subsection 
        is liable to the consumer to whom such records relate in an 
        amount equal to the sum of--
                    ``(A) $100, without regard to the volume of records 
                involved;
                    ``(B) any actual damages sustained by the consumer 
                as a result of the disclosure;
                    ``(C) such punitive damages as a court may allow, 
                where the violation is found to have been willful or 
                intentional; and
                    ``(D) in the case of any successful action to 
                enforce liability under this subsection, the costs of 
                the action, together with reasonable attorney's fees, 
                as determined by the court.
            ``(9) Disciplinary actions for violations.--If a court 
        determines that any agency or department of the United States 
        has violated any provision of this subsection and the court 
        finds that the circumstances surrounding the violation raise 
        questions of whether or not an officer or employee of the 
        agency or department acted willfully or intentionally with 
        respect to the violation, the agency or department shall 
        promptly initiate a proceeding to determine whether or not 
        disciplinary action is warranted against the officer or 
        employee who was responsible for the violation.
            ``(10) Good-faith exception.--Any credit reporting agency 
        or agent or employee thereof making a disclosure of credit 
        reports or identifying information pursuant to this subsection 
        in good-faith reliance upon a certificate by the Federal Bureau 
        of Investigation pursuant to provisions of this subsection 
        shall not be liable to any person for such disclosure under 
        this title, the constitution of any State, or any law or 
        regulation of any State or any political subdivision of any 
        State.
            ``(11) Limitation of remedies.--The remedies and sanctions 
        set forth in this subsection shall be the only judicial 
        remedies and sanctions for violations of this subsection.
            ``(12) Injunctive relief.--In addition to any other remedy 
        contained in this subsection, injunctive relief shall be 
        available to require compliance with the procedures of this 
        subsection. In the event of any successful action under this 
        subsection, costs together with reasonable attorney's fees, as 
        determined by the court, may be recovered.''.
S 1301 RS----2