[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