[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1655 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 29 (legislative day, September 25), 1995.
Resolved, That the bill from the House of Representatives (H.R.
1655) entitled ``An Act to authorize appropriations for fiscal year
1996 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'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That this Act may be cited as the ``Intelligence Authorization Act for
Fiscal Year 1996''.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 1996 for
thehe 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 Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The Drug Enforcement Administration.
(11) The National Reconnaissance Office.
(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, 1996, for the conduct of the
elements listed in such section, are those specified in the classified
Schedule of Authorizations prepared by the Committee of Conference to
accompany ( ) of the One Hundred and Fourth 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 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.
(c) Scope of Schedule.--For fiscal year 1996, the Schedule of
Authorizations referred to in subsections (a) and (b) does not include
the Schedule of Authorizations for the Joint Military Intelligence
Programs (JMIP).
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 1996 under section 102 of this
Act when the Director determines that such action is necessary to the
performance of important intelligence functions, except that the number
of personnel employed in excess of the number authorized under such
section may not, for any element of the intelligence community (as
defined in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401(4)), 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 notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate prior to exercising the authority granted
by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--(1) There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of Central Intelligence for fiscal year 1996 the sum of
$98,283,000.
(2) Funds made available under paragraph (1) for the Advanced
Research and Development Committee and the Environmental Task Force
shall remain available until September 30, 1997.
(b) Authorized Personnel Levels.--The Community Management Staff of
the Director of Central Intelligence is authorized 247 full-time
personnel as of September 30, 1996. Such personnel of the Community
Management Staff may be permanent employees of the Community Management
Staff or personnel detailed from other elements of the United States
Government.
(c) Reimbursement.--During the fiscal year 1996, any officer or
employee of the United States or any 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 1996 the sum of
$213,900,000.
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 the laws of
the United States.
SEC. 303. APPLICATION OF SANCTIONS TO INTELLIGENCE ACTIVITIES.
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--APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES
``SEC. 801. DELAY OF SANCTIONS.
``Notwithstanding any other provision of law, the President may
delay the imposition of a sanction related to the proliferation of
weapons of mass destruction, their delivery systems, or advanced
conventional weapons when he determines that to proceed without delay
would seriously risk the compromise of a sensitive intelligence source
or method or an ongoing criminal investigation. The President shall
terminate any such delay as soon as it is no longer necessary to that
purpose.
``SEC. 802. REPORTS.
``Whenever the President makes the determination required pursuant
to section 801, the President shall promptly report to the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives the rationale
and circumstances that led the President to exercise the authority
under section 801 with respect to an intelligence source or method, and
to the Judiciary Committees of the Senate and the House of
Representatives the rationale and circumstances that led the President
to exercise the authority under section 801 with respect to an ongoing
criminal investigation. Such report shall include a description of the
efforts being made to implement the sanctions as soon as possible and
an estimate of the date on which the sanctions will become
effective.''.
SEC. 304. THRIFT SAVINGS PLAN FORFEITURE.
(a) In General.--Section 8432(g) of title 5, United States Code, is
amended by adding at the end the following new paragraph:
``(5) Notwithstanding any other provision of law,
contributions made by the Government for the benefit of an
employee under subsection (c), and all earnings attributable to
such contributions, shall be forfeited if the employee's
annuity, or that of a survivor or beneficiary, is forfeited
pursuant to subchapter II of chapter 83 of this title.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to offenses upon which the requisite annuity forfeitures are
based occurring on or after the date of enactment of this Act.
SEC. 305. AUTHORITY TO RESTORE SPOUSAL PENSION BENEFITS TO SPOUSES WHO
COOPERATE IN CRIMINAL INVESTIGATIONS AND PRECAUTIONS FOR
NATIONAL SECURITY OFFENSES.
Section 8312 of title 5, United States Code, is amended by adding
at the end the following new subsection:
``(e) Notwithstanding any other provision of law, the spouse of an
employee whose annuity or retired pay is forfeited under this section
or section 8313 after the enactment of this subsection shall be
eligible for spousal pension benefits if the Attorney General
determines that the spouse fully cooperated with Federal authorities in
the conduct of a criminal investigation and subsequent prosecution of
the employee.''.
SEC. 306. AMENDMENT TO THE HATCH ACT REFORM AMENDMENTS OF 1993.
Section 7325 of title 5, United States Code, is amended by adding
after ``section 7323(a)'' the following: ``and paragraph (2) of section
7323(b)''.
SEC. 307. REPORT ON PERSONNEL POLICIES.
(a) Report Required.--Not later than three months after the date of
enactment of this Act, the Director of Central Intelligence shall
submit to the intelligence committees of Congress a report describing
personnel procedures, and recommending necessary legislation, to
provide for mandatory retirement for expiration of time in class,
comparable to the applicable provisions of section 607 of the Foreign
Service Act of 1980 (22 U.S.C. 4007), and termination based on relative
performance, comparable to section 608 of the Foreign Service Act of
1980 (22 U.S.C. 4008), and to provide for other personnel review
systems, for all civilian employees of the Central Intelligence Agency,
the National Security Agency, the Defense Intelligence Agency, and the
intelligence elements of the Army, Navy, Air Force, and Marine Corps.
The report shall also contain a description and analysis of voluntary
separation incentive proposals, including a waiver of the two-percent
penalty reduction for early retirement.
(b) Coordination.--The preparation of the report required by
subsection (a) shall be coordinated as appropriate with elements of the
intelligence community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401(4)).
(c) Definition.--As used in this section, the term ``intelligence
committees of Congress'' means the Select Committee on Intelligence of
the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 308. ASSISTANCE TO FOREIGN COUNTRIES.
(a) In General.--Notwithstanding any other provision of law, funds
authorized to be appropriated by this Act may be used to provide
assistance to a foreign country for counterterrorism efforts if--
(1) such assistance is provided for the purpose of
protecting the property of the United States Government or the
life and property of any United States citizen, or furthering
the apprehension of any individual involved in any act of
terrorism against such property or persons; and
(2) the appropriate committees of Congress are notified not
later than 15 days prior to the provision of such assistance.
(b) Definition.--As used in this section, the term ``appropriate
congressional committees'' means the Select Committee on Intelligence
of the Senate and the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 309. REDUCTION IN AMOUNTS AUTHORIZED TO BE APPROPRIATED FOR THE
NATIONAL RECONNAISSANCE OFFICE FOR FISCAL YEAR 1996.
The total amount authorized to be appropriated for fiscal year 1996
for the National Reconnaissance Office (NRO) shall be reduced by an
amount equal to the amount by which appropriations for the Department
of Defense for fiscal year 1996 are reduced to reflect the availability
of funds appropriated prior to fiscal year 1996 that have accumulated
in the carry forward accounts for that Office.
SEC. 310. FINANCIAL MANAGEMENT OF THE NATIONAL RECONNAISSANCE OFFICE.
(a) Limitation.--No funds are authorized to be carried over into
fiscal year 1997 or subsequent years for the programs, projects, and
activities of the National Reconnaissance Office in excess of the
amount necessary to provide for the ongoing mission of the NRO for one
month.
(b) Management Review.--(1) The Inspector General for the Central
Intelligence Agency and the Inspector General of the Department of
Defense shall jointly undertake a comprehensive review of the financial
management of the National Reconnaissance Office to evaluate the
effectiveness of policies and internal controls over the budget of the
National Reconnaissance Office, including the use of forward funding,
to ensure that National Reconnaissance Office funds are used in
accordance with the policies of the Director of Central Intelligence
and the Department of Defense, the guidelines of the National
Reconnaissance Office, and congressional direction.
(2) The review required by paragraph (1) shall--
(A) determine the quality of the development and
implementation of the budget process within the National
Reconnaissance Office at both the comptroller and directorate
level;
(B) assess the advantages and disadvantages of the use of
incremental versus full funding for contracts entered into by
the National Reconnaissance Office;
(C) assess the advantages and disadvantages of the National
Reconnaissance Office's use of forward funding;
(D) determine how the National Reconnaissance Office
defines, identifies, and justifies forward funding
requirements;
(E) determine how the National Reconnaissance Office tracks
and manages forward funding;
(F) determine how the National Reconnaissance Office plans
to comply with congressional direction regarding forward
funding;
(G) determine whether or not a contract entered into by the
National Reconnaissance Office has ever encountered a
contingency which required the utilization of more than 30 days
of forward funding;
(H) consider the proposal by the Director of Central
Intelligence for the establishment of a position of a Chief
Financial Officer, and assess how the functions to be performed
by that officer would enhance the financial management of the
National Reconnaissance Office; and
(I) make recommendations, as appropriate, to improve
control and management of the budget process of the National
Reconnaissance Office.
(3) The President shall submit a report to the appropriate
committees of the Congress setting forth the findings of the review
required by paragraph (1) not later than 90 days after the date of
enactment of this Act, with an interim report provided to those
committees not later than 45 days after the date of enactment of this
Act.
(c) Report.--(1) Not later than January 30, 1996, the President
shall submit a report to the appropriate committees of the Congress on
a proposal to subject the budget of the intelligence community to
greater oversight by the Executive branch of Government.
(2) Such report shall include inter alia--
(A) consideration of establishing by statute a financial
control officer for the National Reconnaissance Office, other
elements of the intelligence community, and for the
intelligence community as a whole; and
(B) recommendations for procedures to be used by the Office
of Management and Budget for review of the budget of the
National Reconnaissance Office.
(d) Definitions.--As used in this section:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given to the term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. EXTENSION OF THE CENTRAL INTELLIGENCE AGENCY VOLUNTARY
SEPARATION PAY ACT.
(a) Extension of Authority.--Section 2(f) of the Central
Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4(f))
is amended by striking ``September 30, 1997'' and inserting ``September
30, 1999''.
(b) Remittance of Funds.--Section 2 of the Central Intelligence
Agency Voluntary Separation Pay Act (50 U.S.C. 403-4) is amended by
inserting at the end the following new subsection:
``(i) Remittance of Funds.--The Director shall remit to the Office
of Personnel Management for deposit in the Treasury of the United
States to the credit of the Civil Service Retirement and Disability
Fund (in addition to any other payments which the Director is required
to make under subchapter III of chapter 83 and subchapter II of chapter
84 of title 5, United States Code), an amount equal to 15 percent of
the final basic pay of each employee who, in fiscal year 1998 or fiscal
year 1999, retires voluntarily under section 8336, 8412, or 8414 of
such title or resigns and to whom a voluntary separation incentive
payment has been or is to be paid under this section.
SEC. 402. VOLUNTEER SERVICE PROGRAM.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended by adding at the end of the following new section:
``SEC. 20. VOLUNTEER SERVICE PROGRAM.
``(a) Notwithstanding any other provision of law, the Director of
Central Intelligence is authorized to establish and maintain a program
during fiscal years 1996 through 2001 to utilize the services
contributed by not more than 50 retired annuitants who serve without
compensation as volunteers in aid of the review by the Central
Intelligence Agency for declassification or downgrading of classified
information under applicable Executive Orders covering the
classification and declassification of national security information
and Public Law 102-526.
``(b) The Agency is authorized to use sums made available to the
Agency by appropriations or otherwise for paying the costs incidental
to the utilization of services contributed by individuals who serve
without compensation as volunteers in aid of the review by the Agency
of classified information, including, but not limited to, the costs of
training, transportation, lodging, subsistence, equipment, and
supplies. Agency officials may authorize either direct procurement of,
or reimbursement for, expenses incidental to the effective use of
volunteers, except that provision for such expenses or services shall
be in accordance with volunteer agreements made with such individuals
and that such sums may not exceed $100,000.
``(c) Notwithstanding the provision of any other law, individuals
who volunteer to provide services to the Agency under this section
shall be covered by and subject to the provisions of--
``(1) the Federal Employees Compensation Act; and
``(2) chapter 11 of title 18, United States Code,
as if they were employees or special Government employees depending
upon the days of expected service at the time they begin their
volunteer service.''.
SEC. 403. AUTHORITIES OF THE INSPECTOR GENERAL OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Reports by the Inspector General.--Section 17(b)(5) of the
Central Intelligence Act of 1949 (50 U.S.C. 403q) is amended to read as
follows:
``(5) In accordance with section 535 of title 28, United
States Code, the Inspector General shall report to the Attorney
General any information, allegation, or complaint received by
the Inspector General relating to violations of Federal
criminal law that involve a program or operation of the Agency,
consistent with such guidelines as may be issued by the
Attorney General pursuant to paragraph (2). A copy of all such
reports shall be furnished to the Director.''.
(b) Exception to Nondisclosure Requirement.--Section 17(e)(3)(A) of
such Act is amended by inserting after ``investigation'' the following:
``or the disclosure is made to an official of the Department of Justice
responsible for determining whether a prosecution should be
undertaken''.
SEC. 404. REPORT ON LIAISON RELATIONSHIPS.
(a) Annual Report.--Section 502 of the National Security Act of
1947 (50 U.S.C. 413a) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) annually submit to the intelligence committees a
report describing all liaison relationships for the preceding
year, including--
``(A) the names of the governments and entities;
``(B) the purpose of each relationship;
``(C) the resources dedicated (including personnel,
funds, and materiel);
``(D) a description of the intelligence provided
and received, including any reports on human rights
violations; and
``(E) any significant changes anticipated.''.
(b) Definition.--Section 606 of such Act is amended by adding at
the end the following:
``(11) The term `liaison' means any governmental entity or
individual with whom an intelligence agency has established a
relationship for the purpose of obtaining information.''.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. COMPARABLE OVERSEAS BENEFITS AND ALLOWANCES FOR CIVILIAN AND
MILITARY PERSONNEL ASSIGNED TO THE DEFENSE INTELLIGENCE
AGENCY.
(a) Title 10.--Title 10, United States Code, is amended--
(1) in section 1605(a), by striking ``and'' after ``Defense
Attache Offices'' and inserting ``or''; and
(2) in section 1605(a), by inserting ``, and Defense
Intelligence Agency employees assigned to duty outside the
United States,'' after ``outside the United States,''.
(b) Title 37.--Title 37, United States Code, is amended--
(1) in section 431(a), by striking ``and'' after ``Defense
Attache Offices'' and inserting ``or''; and
(2) in section 431(a), by inserting ``, and members of the
armed forces assigned to the Defense Intelligence Agency and
engaged in intelligence related duties outside the United
States,'' after ``outside the United States''.
SEC. 502. AUTHORITY TO CONDUCT COMMERCIAL ACTIVITIES NECESSARY TO
PROVIDE SECURITY FOR AUTHORIZED INTELLIGENCE COLLECTION
ACTIVITIES ABROAD.
Section 431(a) of title 10, United States Code, is amended by
striking ``1995'' and inserting ``2001''.
SEC. 503. MILITARY DEPARTMENTS' CIVILIAN INTELLIGENCE PERSONNEL
MANAGEMENT SYSTEM: ACQUISITION OF CRITICAL SKILLS.
(a) Establishment of Training Program.--Chapter 81 of title 10,
United States Code, is amended by adding at the end thereof the
following new section:
``Sec. 1599. Financial assistance to certain employees in acquisition
of critical skills
``(a) Training Program.--The Secretary of Defense shall establish
an undergraduate training program with respect to civilian employees in
the Military Departments' Civilian Intelligence Personnel Management
System that is similar in purpose, conditions, content, and
administration to the program which the Secretary of Defense
established under section 16 of the National Security Act of 1959 (50
U.S.C. 402 note) for civilian employees of the National Security
Agency.
``(b) Funding of Training Program.--Any payments made by the
Secretary to carry out the program required to be established by
subsection (a) may be made in any fiscal year only to the extent that
appropriated funds are available for that purpose.''.
(b) Clerical Amendment.--The table of sections at the beginning of
that chapter is amended by adding at the end thereof the following:
``Sec. 1599. Financial assistance to certain employees in acquisition
of critical skills.''.
SEC. 504. ENHANCEMENT OF CAPABILITIES OF CERTAIN INTELLIGENCE STATIONS.
(a) Authority.--(1) In addition to funds otherwise available for
such purpose, the Secretary of the Army is authorized to transfer or
reprogram funds for the enhancement of the capabilities of the Bad
Aibling Station and the Menwith Hill Station, including improvements of
facility infrastructure and quality of life programs at both
installations.
(2) The authority of paragraph (1) may be exercised notwithstanding
any other provision of law.
(b) Funding.--Funds available for the Army for operations and
maintenance for any fiscal year shall be available to carry out
subsection (a).
(c) Congressional Notification.--Whenever the Secretary of the Army
determines that an amount to be transferred or reprogrammed under this
section would cause the total amounts transferred or reprogrammed in
that fiscal year to exceed $1,000,000, the Secretary shall notify in
advance the Select Committee on Intelligence, the Committee on Armed
Services, and the Committee on Appropriations of the Senate and the
Permanent Select Committee on Intelligence, the Committee on National
Security, and the Committee on Appropriations of the House of
Representatives and provide a justification for the increased
expenditure.
(d) Statutory Construction.--Nothing in this section may be
construed to modify or obviate existing law or practice with regard to
the transfer or reprogramming of substantial sums of money from the
Department of the Army to the Bad Aibling or Menwith Hill Stations.
TITLE VI--FEDERAL BUREAU OF INVESTIGATION
SEC. 601. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FBI FOR
COUNTERINTELLIGENCE PURPOSES.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by adding after section 623, the following new
section:
``Sec. 624. Disclosures to FBI for counterintelligence purposes
``(a) Identity of Financial Institutions.--Notwithstanding section
604 or any other provision of this title, a consumer reporting agency
shall furnish to the Federal Bureau of Investigation the names and
addresses of all financial institutions (as that term is defined in
section 1101 of the Right to Financial Privacy Act of 1978) at which a
consumer maintains or has maintained an account, to the extent that
information is in the files of the agency, when presented with a
written request for that information, signed by the Director of the
Federal Bureau of Investigation, or the Director's designee, which
certifies compliance with this section. 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--
``(1) such information is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
``(2) there are specific and articulable facts giving
reason to believe that the consumer--
``(A) is a foreign power (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978)
or a person who is not a United States person (as
defined in such section 101) and is an official of a
foreign power; or
``(B) is an agent of a foreign power and is
engaging or has engaged in an act of international
terrorism (as that term is defined in section 101(c) of
the Foreign Intelligence Surveillance Act of 1978) or
clandestine intelligence activities that involve or may
involve a violation of criminal statutes of the United
States.
``(b) Identifying Information.--Notwithstanding the provisions of
section 604 or any other provision of this title, 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--
``(1) such information is necessary to the conduct of an
authorized counterintelligence investigation; and
``(2) 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).
``(c) Court Order for Disclosure of Consumer Reports.--
Notwithstanding section 604 or any other provision of this title, if
requested in writing by the Director of the Federal Bureau of
Investigation, or a designee of the Director, a court may issue an
order ex parte directing a consumer reporting agency to furnish a
consumer report to the Federal Bureau of Investigation, upon a showing
in camera that--
``(1) the consumer report is necessary for the conduct of
an authorized foreign counterintelligence investigation; and
``(2) there are specific and articulable facts giving
reason to believe that the consumer whose consumer report is
sought--
``(A) is an agent of a foreign power, and
``(B) is engaging or has engaged in an act of
international terrorism (as that term is defined in
section 101(c) of the Foreign Intelligence Surveillance
Act of 1978) or clandestine intelligence activities
that involve or may involve a violation of criminal
statutes of the United States.
The terms of an order issued under this subsection shall not disclose
that the order is issued for purposes of a counterintelligence
investigation.
``(d) Confidentiality.--No consumer reporting agency or officer,
employee, or agent of a consumer reporting agency shall disclose to any
person, other than those officers, employees, or agents of a consumer
reporting agency necessary to fulfill the requirement to disclose
information to the Federal Bureau of Investigation under this section,
that the Federal Bureau of Investigation has sought or obtained the
identity of financial institutions or a consumer report respecting any
consumer under subsection (a), (b), or (c), and no consumer reporting
agency or officer, employee, or agent of a consumer reporting agency
shall include in any consumer report any information that would
indicate that the Federal Bureau of Investigation has sought or
obtained such information or a consumer report.
``(e) Payment of Fees.--The Federal Bureau of Investigation shall,
subject to the availability of appropriations, pay to the consumer
reporting agency assembling or providing report or information in
accordance with procedures established under this section a fee for
reimbursement for such costs as are reasonably necessary and which have
been directly incurred in searching, reproducing, or transporting
books, papers, records, or other data required or requested to be
produced under this section.
``(f) Limit on Dissemination.--The Federal Bureau of Investigation
may not disseminate information obtained pursuant to this section
outside of the Federal Bureau of Investigation, except to other Federal
agencies as may be necessary for the approval or conduct of a foreign
counterintelligence investigation, or, where the information concerns a
person subject to the uniform Code of Military Justice, to appropriate
investigative authorities within the military department concerned as
may be necessary for the conduct of a joint foreign counterintelligence
investigation.
``(g) Rules of Construction.--Nothing in this section shall be
construed to prohibit information from being furnished by the Federal
Bureau of Investigation pursuant to a subpoena or court order, in
connection with a judicial or administrative proceeding to enforce the
provisions of this Act. Nothing in this section shall be construed to
authorize or permit the withholding of information from the Congress.
``(h) Reports to Congress.--On a semiannual basis, the Attorney
General 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 subsections (a), (b), and (c).
``(i) Damages.--Any agency or department of the United States
obtaining or disclosing any consumer reports, records, or information
contained therein in violation of this section is liable to the
consumer to whom such consumer reports, records, or information relate
in an amount equal to the sum of--
``(1) $100, without regard to the volume of consumer
reports, records, or information involved;
``(2) any actual damages sustained by the consumer as a
result of the disclosure;
``(3) if the violation is found to have been willful or
intentional, such punitive damages as a court may allow; and
``(4) in the case of any successful action to enforce
liability under this subsection, the costs of the action,
together with reasonable attorney fees, as determined by the
court.
``(j) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated any
provision of this section 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.
``(k) Good-Faith Exception.--Notwithstanding any other provision of
this title, any consumer reporting agency or agent or employee thereof
making disclosure of consumer reports or identifying information
pursuant to this subsection in good-faith reliance upon a certification
of the Federal Bureau of Investigation pursuant to provisions of this
section 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.
``(l) Limitation of Remedies.--Notwithstanding any other provision
of this title, the remedies and sanctions set forth in this section
shall be the only judicial remedies and sanctions for violation of this
section.
``(m) Injunctive Relief.--In addition to any other remedy contained
in this section, injunctive relief shall be available to require
compliance with the procedures of this section. In the event of any
successful action under this subsection, costs together with reasonable
attorney fees, as determined by the court, may be recovered.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by
adding after the item relating to section 624 the following:
``624. Disclosures to FBI for counterintelligence purposes.''.
TITLE VII--TECHNICAL CORRECTIONS
SEC. 701. CLARIFICATION WITH RESPECT TO PAY FOR DIRECTOR OR DEPUTY
DIRECTOR OF CENTRAL INTELLIGENCE APPOINTED FROM
COMMISSIONED OFFICERS OF THE ARMED FORCES.
Section 102(c)(3)(C) of the National Security Act of 1947 (50
U.S.C. 403(c)(3)(C)) is amended--
(1) by striking ``A'' before ``commissioned'' and inserting
``An active duty'';
(2) by striking out ``(including retired pay)'';
(3) by inserting ``an active duty'' after ``payable to'';
and
(4) by striking ``a'' before ``commissioned''.
SEC. 702. CHANGE OF OFFICE DESIGNATION IN CIA INFORMATION ACT.
Section 701(b)(3) of the CIA Information Act of 1984 (50 U.S.C.
431(b)(3)) is amended by striking ``Office of Security'' and inserting
``Office of Personnel Security''.
Attest:
Secretary.
104th CONGRESS
1st Session
H. R. 1655
_______________________________________________________________________
AMENDMENT
HR 1655 EAS----2
HR 1655 EAS----3
HR 1655 EAS----4
HR 1655 EAS----5