[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1866 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1866

    To amend the National Security Act of 1947 to improve personnel 
security measures that enhance security for classified information, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            February 24 (legislative day, February 22), 1994

 Mr. Metzenbaum (for himself, Mr. Simon, and Mr. Reid) introduced the 
    following bill; which was read twice and referred to the Select 
                       Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
    To amend the National Security Act of 1947 to improve personnel 
security measures that enhance security for classified information, 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 ``Personnel Security Act of 1994''.

SEC. 2. AMENDMENT TO THE NATIONAL SECURITY ACT OF 1947.

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

             ``TITLE VIII--ACCESS TO TOP SECRET INFORMATION

           ``eligibility for access to top secret information

    ``Sec. 801. (a) The President and Vice President, Members of the 
Congress, Justices of the Supreme Court and judges of other courts of 
the United States established pursuant to Article III of the 
Constitution, shall, by virtue of their elected or appointed positions, 
be entitled to access to Top Secret information needed for the 
performance of their governmental functions without regard to the other 
provisions of this title.
    ``(b) Among employees of the United States Government, access to 
Top Secret information shall be limited to employees who--
            ``(1) have been granted access to such information pursuant 
        to this title;
            ``(2) are citizens of the United States who require access 
        to such information for the performance of official 
        governmental functions; and
            ``(3) have been determined to be trustworthy based upon a 
        background investigation and appropriate reinvestigations and 
        have otherwise satisfied the requirements of section 802, 
        below.
    ``(c) Access to Top Secret information by persons other than those 
identified in subsections (a) and (b) shall be permitted only in 
accordance with the regulations issued by the President pursuant to 
section 802 below.

                       ``implementing regulations

    ``Sec. 802. The President shall, within 180 days of enactment of 
this title, issue regulations to implement this title which shall be 
binding upon all departments, agencies, and offices of the Executive 
branch. These regulations shall, at a minimum provide that--
            ``(a) no employee of the United States Government shall be 
        given access to Top Secret information owned, originated or 
        possessed by United States, after the effective date of this 
        title, by any department, agency, or entity of the United 
        States Government unless such person has been subject to an 
        appropriate background investigation and has--
                    ``(1) provided consent to the investigative agency 
                responsible for conducting the security investigation 
                of such person, during the initial background 
                investigation and for such times as access to such 
                information is maintained, and for 5 years thereafter, 
                permitting access to--
                            ``(A) financial records concerning the 
                        subject pursuant to section 1104 of the Right 
                        to Financial Privacy Act of 1978;
                            ``(B) consumer reports concerning the 
                        subject pursuant to section 1681b of the 
                        Consumer Credit Protection Act; and
                            ``(C) records maintained by commercial 
                        entities within the United States pertaining to 
                        any travel by the subject outside the United 
                        States: Provided, that--
                                    ``(i) no information may be 
                                requested by an authorized 
                                investigative agency pursuant to this 
                                section for any purpose other than 
                                making a security determination, unless 
                                such agency has reasonable grounds to 
                                believe, based upon specific and 
                                articulable facts available to it, that 
                                such person may pose a threat to the 
                                continued security of the information 
                                to which he or she had previously had 
                                access; and
                                    ``(ii) any information obtained by 
                                an authorized investigative agency 
                                pursuant to this section shall not be 
                                disseminated to any other department, 
                                agency, or entity for any purpose other 
                                than: (A) for making a security 
                                determination; or (B) for foreign 
                                counterintelligence or law enforcement 
                                purposes;
                    ``(2) agreed, during the period of his or her 
                access, to report to the department, agency, or entity 
                granting such access in accordance with applicable 
                regulations, any travel to foreign countries which has 
                not been authorized as part of the subject's official 
                duties; and
                    ``(3) agreed to report to the Federal Bureau of 
                Investigation, or to appropriate investigative 
                authorities of the department, agency, or entity 
                concerned, any unauthorized contacts with persons known 
                to be foreign nationals or persons representing foreign 
                nationals, where an effort to acquire classified 
                information is made by the foreign national, or where 
                such contacts appear intended for this purpose. For 
                purposes of this subsection, the term `unauthorized 
                contacts' does not include contacts made within the 
                context of an authorized diplomatic relationship. 
                Failure by the employee to comply with any of the 
                requirements of this subsection shall constitute 
                grounds for denial or termination of access to the Top 
                Secret information concerned.
            ``(b) all employees granted access to Top Secret 
        information pursuant to this subsection shall also be subject 
        to--
                    ``(1) additional background investigations by 
                appropriate governmental authorities during the period 
                of access at no less frequent interval than every 5 
                years, except that any failure to satisfy this 
                requirement that is not solely attributable to the 
                subject of the investigation shall not result in a loss 
                or denial of access; and
                    ``(2) investigation by appropriate governmental 
                authority at any time during the period of access to 
                ascertain whether such persons continue to meet the 
                requirements for access;
            ``(c) access to Top Secret information by categories of 
        persons who do not meet the requirements of subsections (A) and 
        (B) of this section may be permitted only where the president, 
        or officials designated by the President for this purpose, 
        determine that such access is essential to protect or further 
        the national security interests of the United States; and
            ``(d) a single office within the Executive branch shall be 
        designated to monitor the implementation and operation of this 
        title within the Executive branch. This office shall submit an 
        annual report to the President and appropriate committees of 
        the Congress, describing the operation of this title and 
        recommending needed improvements. A copy of the regulations 
        implementing this title shall be provided to the Select 
        Committee on Intelligence of the Senate and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives thirty days prior to their effective date.

                     ``waivers for individual cases

    ``Sec. 803. In extraordinary circumstances, when essential to 
protect or further the national security interests of the United 
States, the President (or officials designated by the President for 
this purpose) may waive the provisions of this title, or the provisions 
of the regulations issued pursuant to section 802, above, in individual 
cases involving persons who are citizens of the United States or are 
persons admitted into the United States for permanent residence: 
Provided, that all such waivers shall be made a matter of record and 
reported to the office designated pursuant to subsection 802(D), above, 
and shall be available for review by the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives.

                             ``definitions

    ``Sec. 804. For purposes of this title--
            ``(a) the term `national security' refers to the national 
        defense and foreign relations of the United States;
            ``(b) the phrases `information classified in the interest 
        of national security' or `classified information' mean any 
        information originated by or on behalf of the United States 
        Government, the unauthorized disclosure of which would cause 
        damage to the national security, which has been marked and is 
        controlled pursuant to the Executive Order 12356 of April 2, 
        1982, or successor orders, or the Atomic Energy Act of 1954;
            ``(c) the term `Top Secret information' means information 
        classified in the interests of national security, the 
        unauthorized disclosure of which would cause exceptionally 
        grave damage to the national security;
            ``(d) 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, is 
        an unpaid consultant of the United States Government, or 
        otherwise acts for or on behalf of the United States 
        Government, but does not include the President or Vice 
        President of the United States, Members of the Congress of the 
        United States, Justices of the Supreme Court or judges of other 
        federal courts established pursuant to Article III of the 
        Constitution; and
            ``(e) the term `authorized investigative agency' means an 
        agency authorized by law or regulation to conduct 
        investigations of persons who are proposed for access to Top 
        Secret information to ascertain whether such persons satisfy 
        the criteria for obtaining and retaining access to such 
        information.

                            ``effective date

    ``Sec. 805. This title shall take effect 180 days after the date of 
its enactment.''

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