103D CONGRESS

2D SESSION H. R. 4299

AMENDMENT
In the Senate of the United States,

August 12 (legislative day, August 11), 1994.

Resolved, That the bill from the House of Representatives (H.R. 4299) entitled ‘‘An Act to authorize appropriations for fiscal year 1995 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence

Agency Retirement and Disability System, and for other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Intelligence Authoriza3 tion Act for Fiscal Year 1995’’.

4 TITLE I—INTELLIGENCE

5 ACTIVITIES

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

7 Funds are hereby authorized to be appropriated for fis8 cal year 1995 for the conduct of the intelligence activities

9 of the following elements of the United States Government:
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1 (1) The Central Intelligence Agency.

2 (2) The Department of Defense.

3 (3) The Defense Intelligence Agency.

4 (4) The National Security Agency.

5 (5) The National Reconnaissance Office.

6 (6) The Department of the Army, the Depart7 ment of the Navy, and the Department of the Air

8 Force.

9 (7) The Department of State.

10 (8) The Department of the Treasury.

11 (9) The Department of Energy.

12 (10) The Federal Bureau of Investigation.

13 (11) The Central Imagery Office.

14 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

15 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

16 CEILINGS.—The amounts authorized to be appropriated

17 under section 101, and the authorized personnel ceilings as

18 of September 30, 1995, for the conduct of intelligence activi19 ties of the elements listed in such section, are those specified

20 in the classified Schedule of Authorizations prepared by the

21 committee of conference to accompany S. 2082 of the One

22 Hundred Third Congress.

23 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU24 THORIZATIONS.—The Schedule of Authorizations described

25 in subsection (a) shall be made available to the Committees
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1 on Appropriations of the Senate and House of Representa2 tives and to the President. The President shall provide for

3 suitable distribution of the Schedule, or of appropriate por4 tions of the Schedule, within the executive branch of Govern5 ment.

6 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

7 (a) AUTHORITY FOR ADJUSTMENTS.—The Director of

8 Central Intelligence may authorize the employment of civil9 ian personnel in excess of the number of such personnel au10 thorized for employment for fiscal year 1995 under section

11 102 of this Act, if the Director determines that such action

12 is necessary to the performance of important intelligence

13 functions, except that such number may not, for any ele14 ment of the intelligence community, exceed 2 percent of the

15 number of civilian personnel authorized under such section

16 for such element.

17 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di18 rector of Central Intelligence shall promptly notify the Per19 manent Select Committee on Intelligence of the House of

20 Representatives and the Select Committee on Intelligence of

21 the Senate whenever the Director exercises the authority

22 granted by subsection (a).

23 (c) INTELLIGENCE COMMUNITY DEFINED.—As used in

24 subsection (a), the term ‘‘intelligence community’’ has the
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1 same meaning given to that term by section 3(4) of the Na2 tional Security Act of 1947 (50 U.S.C. 401(4)).

3 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

4 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated for the Community Manage6 ment Account of the Director of Central Intelligence for fis7 cal year 1995 the sum of $106,300,000. Of the amounts

8 made available under this subsection, funds made available

9 for the Advanced Research and Development Committee and

10 the Environmental Task Force are authorized to remain

11 available until September 30, 1996.

12 (b) AUTHORIZED PERSONNEL LEVELS.—The Commu13 nity Management Account of the Director of Central Intel14 ligence is authorized 221 full-time personnel as of Septem15 ber 30, 1995. Such personnel of the Community Manage16 ment Account may be permanent employees of the Commu17 nity Management Account or personnel detailed from other

18 elements of the United States Government.

19 (c) REIMBURSEMENT.—During fiscal year 1995, any

20 officer or employee of the United States or a member of the

21 Armed Forces who is detailed to the Community Manage22 ment Account staff from another element of the United

23 States Government shall be detailed on a reimbursable

24 basis, except that any such officer, employee, or member

25 may be detailed on a nonreimbursable basis for a period
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1 of less than 1 year for the performance of temporary func2 tions as required by the Director of Central Intelligence.

3 TITLE II—CENTRAL INTEL4 LIGENCE AGENCY RETIRE5 MENT AND DISABILITY SYS6 TEM

7 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

8 There is authorized to be appropriated for the Central

9 Intelligence Agency Retirement and Disability Fund for fis10 cal year 1995 the sum of $198,000,000.

11 TITLE III—GENERAL

12 PROVISIONS

13 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

14 BENEFITS AUTHORIZED BY LAW.

15 In addition to amounts authorized to be appropriated

16 by this Act for the salary, pay, retirement, and other bene17 fits of Federal employees, there are authorized to be appro18 priated such additional or supplemental amounts as may

19 be necessary to cover increases in those benefits authorized

20 by law for fiscal year 1995.

21 SEC. 302. RESTRICTION ON THE CONDUCT OF INTEL22 LIGENCE ACTIVITIES.

23 The authorizations of appropriations contained in this

24 Act do not constitute authority for the conduct of any intel25 ligence activity which is not otherwise authorized by the
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1 Constitution of the United States or by the laws of the Unit2 ed States.

3 SEC. 303. REPEAL OF RESTRICTION ON INTELLIGENCE CO4 OPERATION WITH SOUTH AFRICA.

5 Section 107 of the Intelligence Authorization Act for

6 Fiscal Year 1987 (Public Law 99–569) is repealed.

7 SEC. 304. REPORT REGARDING MANDATORY RETIREMENT

8 FOR EXPIRATION OF TIME IN CLASS.

9 (a) REPORT REQUIRED.—Not later than December 1,

10 1994, the Director of Central Intelligence shall submit to

11 the congressional defense and intelligence committees a re12 port setting forth a legislative proposal, coordinated as ap13 propriate with elements of the intelligence community,

14 which would provide for mandatory retirement for expira15 tion of time in class, comparable to the applicable provi16 sions of section 607 of the Foreign Service Act of 1980 (22

17 U.S.C. 4007), for all civilian employees of the Central Intel18 ligence Agency, the National Security Agency, the Defense

19 Intelligence Agency, and the intelligence elements of the

20 Army, Navy, Air Force, and Marine Corps. The report shall

21 include an assessment of the advisability and feasibility of

22 instituting such a mandatory retirement policy, and of al23 ternative means to achieve the objectives of a mandatory

24 retirement policy. The report shall also include an assess25 ment from the Secretary of Defense of the impact of a man-
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1 datory retirement policy for intelligence community civil2 ian employees on all other Department of Defense civilian

3 employees.

4 (b) DEFINITIONS.—For purposes of this section—

5 (1) the term ‘‘congressional defense and intel6 ligence committees’’ means the Committees on Armed

7 Services of the Senate and House of Representatives,

8 the Defense Subcommittees of the Committees on Ap9 propriations of the Senate and House of Representa10 tives, the Select Committee on Intelligence of the Sen11 ate, and the Permanent Select Committee on Intel12 ligence of the House of Representatives; and

13 (2) the term ‘‘intelligence community’’ has the

14 same meaning given to that term in section 3(4) of

15 the National Security Act of 1947 (50 U.S.C. 401(4)).

16 TITLE IV—CENTRAL

17 INTELLIGENCE AGENCY

18 SEC. 401. AMENDMENT OF SECTION 4(a) OF THE CIA ACT OF

19 1949.

20 Section 4(a) of the Central Intelligence Agency Act of

21 1949 (50 U.S.C. 403e(a)) is amended in subparagraphs (A)

22 and (C) of paragraph (5), by striking ‘‘not the result of

23 vicious habits, intemperance, or misconduct on his part,’’

24 each place it appears.
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1 SEC. 402. GENERAL COUNSEL OF THE CENTRAL INTEL2 LIGENCE AGENCY.

3 (a) POSITION ESTABLISHED.—The Central Intel4 ligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is

5 amended by adding at the end the following new section:

6 ‘‘GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE

7 AGENCY

8 ‘‘SEC. 20. (a) There is a General Counsel of the Central

9 Intelligence Agency appointed from civilian life by the

10 President, by and with the advice and consent of the Senate.

11 ‘‘(b) The General Counsel of the Central Intelligence

12 Agency is the chief legal officer of the Central Intelligence

13 Agency.

14 ‘‘(c) The General Counsel of the Central Intelligence

15 Agency shall perform such functions as the Director of

16 Central Intelligence may prescribe.’’.

17 (b) PAY FOR POSITION.—Section 5315 of title 5, Unit18 ed States Code, is amended by adding at the end the follow19 ing:

20 ‘‘General Counsel of the Central Intelligence Agency.’’.

21 TITLE V—DEPARTMENT OF

22 DEFENSE

23 SEC. 501. CENTRAL IMAGERY OFFICE.

24 (a) AMENDMENTS OF THE NATIONAL SECURITY ACT

25 OF 1947.—(1) Section 105(b)(2) of the National Security

26 Act of 1947 (50 U.S.C. 403–5(b)(2)) is amended by striking
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1 ‘‘a central imagery authority’’ and inserting in lieu thereof

2 ‘‘the Central Imagery Office’’.

3 (2) Section 106(b) of such Act (50 U.S.C. 403–6(b))

4 is amended—

5 (A) in the subsection caption, by striking out

6 ‘‘CENTRAL IMAGERY AUTHORITY’’ and inserting in

7 lieu thereof ‘‘CENTRAL IMAGERY OFFICE’’; and

8 (B) by striking out ‘‘Central Imagery Authority’’

9 and inserting in lieu thereof ‘‘Central Imagery Of10 fice’’.

11 (b) CIVILIAN PERSONNEL MANAGEMENT FOR THE

12 CENTRAL IMAGERY OFFICE.—(1) Subject to paragraph (2),

13 the Secretary of Defense may exercise the authorities set

14 forth in sections 1601 and 1604 of title 10, United States

15 Code, pertaining to civilian officers and employees in the

16 Defense Intelligence Agency, with respect to civilian officers

17 and employees of the Central Imagery Office.

18 (2)(A) Civilian personnel administrative support for

19 officers and employees of the Central Imagery Office shall

20 remain a responsibility of the Defense Intelligence Agency.

21 (B) The authority provided in section 1604(e)(1) of

22 title 10, United States Code, may, with respect to civilian

23 officers and employees of the Central Imagery Office, be del24 egated by the Secretary of Defense only to the Deputy Sec25 retary of Defense.
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1 SEC. 502. PUBLIC AVAILABILITY OF CERTAIN MAPS,

2 CHARTS, AND GEODETIC DATA.

3 Section 2796(b)(1)(C) of title 10, United States Code

4 is amended by inserting ‘‘jeopardize or interfere with ongo5 ing military or intelligence operations, or’’ after ‘‘dis6 closed,’’.

7 SEC. 503. AUTHORITY TO ESTABLISH A NATIONAL PUBLIC

8 INFORMATION CENTER.

9 Of the funds made available to the Secretary of Defense

10 under this Act, the Secretary is authorized during fiscal

11 year 1995 to expend not more than $3,000,000 to establish

12 a National Public Information Center for the purpose of—

13 (1) surveying, collecting, storing, distributing,

14 and presenting unclassified information, including

15 information retained by Government agencies as of

16 the date of enactment of this Act;

17 (2) providing support for training in decision18 making, and for professional education in the Depart19 ment of Defense and the intelligence community (as

20 defined in section 3(4) of the National Security Act

21 of 1947); and

22 (3) informing more broadly the American public.

23 SEC. 504. LIMITATIONS ON FUNDING OF THE NATIONAL RE24 CONNAISSANCE OFFICE.

25 (a) REVIEW OF PROJECT; COMPLIANCE WITH DOD

26 PROCUREMENT AND CONTRACTING PROCEDURES.—Of the
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1 funds made available by this Act for the National Recon2 naissance Office under the classified Schedule of Authoriza3 tions referred to in section 102 of this Act—

4 (1) $50,000,000 out of the Miscellaneous Support

5 account of the Mission Support Consolidated Expend6 iture Center may not be obligated or expended until

7 the Director of Central Intelligence and the Secretary

8 of Defense have completed a review of the National

9 Reconnaissance Office Headquarters Building project

10 and the results of such review have been disclosed to

11 the congressional intelligence committees; and

12 (2) no such funds made available by this Act

13 may be obligated or expended for the purchase of any

14 real property, or to contract for any construction or

15 acquisition, in connection with the construction of

16 buildings or facilities, unless (and to the extent

17 that)—

18 (A) such purchase or contract is made or

19 entered into in accordance with the policies and

20 procedures applicable to other elements of the De21 partment of Defense; or

22 (B) the President determines that the na23 tional security interest of the United States re24 quires that such policies and procedures shall not

25 apply to a particular purchase or contract and
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1 reports such determination in accordance with

2 subsection (b).

3 (b) WAIVER PROCEDURES.—Not later than 30 days

4 after making a determination under subsection (a)(2)(B),

5 the President shall report in writing the determination to

6 the congressional intelligence committees.

7 (c) SPECIFIC AUTHORIZATION AND APPROPRIATIONS

8 REQUIRED.—Except to the extent and in the amounts spe9 cifically provided in an Act authorizing appropriations

10 and in an appropriation Act, no funds made available

11 under any provision of law may be obligated or expended

12 for the National Reconnaissance Office Headquarters

13 Building project if such funds would cause the total amount

14 obligated or expended for such project to exceed

15 $310,000,000.

16 (d) DEFINITIONS.—As used in this section:

17 (1) CONGRESSIONAL INTELLIGENCE COMMIT18 TEES.—The term ‘‘congressional intelligence commit19 tees’’ means the Select Committee on Intelligence of

20 the Senate and the Permanent Select Committee on

21 Intelligence of the House of Representatives.

22 (2) NATIONAL RECONNAISSANCE OFFICE HEAD23 QUARTERS BUILDING PROJECT.—The term ‘‘National

24 Reconnaissance Office Headquarters Building

25 project’’ means the project for the headquarters build-
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1 ings of the National Reconnaissance Office, situated

2 at the so-call Westfields site, and includes all con3 struction and improvement of facilities (including ‘fit

4 up’) and all actions related to the acquisition of land,

5 communications, computers, furniture and other

6 building furnishings, and vehicle parking facilities.

7 TITLE VI—FEDERAL BUREAU OF

8 INVESTIGATION

9 SEC. 601. DISCLOSURE OF CONSUMER CREDIT REPORTS

10 FOR COUNTERINTELLIGENCE PURPOSES.

11 Section 608 of the Fair Credit Reporting Act (15

12 U.S.C. 1681f) is amended—

13 (1) by striking ‘‘Notwithstanding’’ and inserting

14 ‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING INFOR15 MATION.—Notwithstanding’’; and

16 (2) by adding at the end the following new sub17 section:

18 ‘‘(b) DISCLOSURES TO THE FBI FOR COUNTERINTEL19 LIGENCE PURPOSES.—

20 ‘‘(1) CONSUMER REPORTS.—Notwithstanding the

21 provisions of section 604, a consumer reporting agen22 cy shall furnish a consumer report to the Federal Bu23 reau of Investigation when presented with a written

24 request for a consumer report, signed by the Director

25 of the Federal Bureau of Investigation, or the Direc-
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1 tor’s designee, which certifies compliance with this

2 subsection. The Director or the Director’s designee

3 may make such a certification only if the Director or

4 the Director’s designee has determined in writing

5 that—

6 ‘‘(A) such records are necessary for the con7 duct of an authorized foreign counterintelligence

8 investigation; and

9 ‘‘(B) there are specific and articulable facts

10 giving reason to believe that the consumer whose

11 consumer report is sought is a foreign power or

12 an agent of a foreign power, as defined in sec13 tion 101 of the Foreign Intelligence Surveillance

14 Act of 1978 (50 U.S.C. 1801).

15 ‘‘(2) IDENTIFYING INFORMATION.—Notwithstand16 ing the provisions of section 604, a consumer report17 ing agency shall furnish identifying information re18 specting a consumer, limited to name, address, former

19 addresses, places of employment, or former places of

20 employment, to the Federal Bureau of Investigation

21 when presented with a written request, signed by the

22 Director or the Director’s designee, which certifies

23 compliance with this subsection. The Director or the

24 Director’s designee may make such a certification
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1 only if the Director or the Director’s designee has de2 termined in writing that—

3 ‘‘(A) such information is necessary to the

4 conduct of an authorized counterintelligence in5 vestigation; and

6 ‘‘(B) there is information giving reason to

7 believe that the consumer has been, or is about

8 to be, in contact with a foreign power or an

9 agent of a foreign power, as defined in section

10 101 of the Foreign Intelligence Surveillance Act

11 of 1978 (50 U.S.C. 1801).

12 ‘‘(3) CONFIDENTIALITY.—No consumer reporting

13 agency or officer, employee, or agent of such consumer

14 reporting agency may disclose to any person, other

15 than those officers, employees, or agents of such agen16 cy necessary to fulfill the requirement to disclose in17 formation to the Federal Bureau of Investigation

18 under this subsection, that the Federal Bureau of In19 vestigation has sought or obtained a consumer report

20 or identifying information respecting any consumer

21 under paragraph (1) or (2), nor shall such agency, of22 ficer, employee, or agent include in any consumer re23 port any information that would indicate that the

24 Federal Bureau of Investigation has sought or ob-
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1 tained such a consumer report or identifying infor2 mation.

3 ‘‘(4) PAYMENT OF FEES.—The Federal Bureau of

4 Investigation shall, subject to the availability of ap5 propriations, pay to the consumer reporting agency

6 assembling or providing credit reports or identifying

7 information in accordance with procedures established

8 under this title, a fee for reimbursement for such costs

9 as are reasonably necessary and which have been di10 rectly incurred in searching, reproducing, or trans11 porting books, papers, records, or other data required

12 or requested to be produced under this subsection.

13 ‘‘(5) LIMIT ON DISSEMINATION.—The Federal

14 Bureau of Investigation may not disseminate infor15 mation obtained pursuant to this subsection outside of

16 the Federal Bureau of Investigation, except to the De17 partment of Justice as may be necessary for the ap18 proval or conduct of a foreign counterintelligence in19 vestigation, or, where the information concerns a per20 son subject to the Uniform Code of Military Justice,

21 to appropriate investigative authorities within the

22 military department concerned as may be necessary

23 for the conduct of a joint foreign counterintelligence

24 investigation.
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1 ‘‘(6) RULES OF CONSTRUCTION.—Nothing in this

2 subsection shall be construed to prohibit information

3 from being furnished by the Federal Bureau of Inves4 tigation pursuant to a subpoena or court order, or in

5 connection with a judicial or administrative proceed6 ing to enforce the provisions of this Act. Nothing in

7 this subsection shall be construed to authorize or per8 mit the withholding or information from Congress.

9 ‘‘(7) REPORTS TO CONGRESS.—On a semiannual

10 basis, the Attorney General of the United States shall

11 fully inform the Permanent Select Committee on In12 telligence and the Committee on Banking, Finance

13 and Urban Affairs of the House of Representatives,

14 and the Select Committee on Intelligence and the

15 Committee on Banking, Housing, and Urban Affairs

16 of the Senate concerning all requests made pursuant

17 to paragraphs (1) and (2).

18 ‘‘(8) DAMAGES.—Any agency or department of

19 the United States obtaining or disclosing credit re20 ports, records, or information contained therein in

21 violation of this subsection is liable to the consumer

22 to whom such records relate in an amount equal to

23 the sum of—

24 ‘‘(A) $100, without regard to the volume of

25 records involved;
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1 ‘‘(B) any actual damages sustained by the

2 consumer as a result of the disclosure;

3 ‘‘(C) if the violation is found to have been

4 willful or intentional, such punitive damages as

5 a court may allow; and

6 ‘‘(D) in the case of any successful action to

7 enforce liability under this subsection, the costs

8 of the action, together with reasonable attorney

9 fees, as determined by the court.

10 ‘‘(9) DISCIPLINARY ACTIONS FOR VIOLATIONS.—

11 If a court determines that any agency or department

12 of the United States has violated any provision of this

13 subsection and the court finds that the circumstances

14 surrounding the violation raise questions of whether

15 or not an officer or employee of the agency or depart16 ment acted willfully or intentionally with respect to

17 the violation, the agency or department shall prompt18 ly initiate a proceeding to determine whether or not

19 disciplinary action is warranted against the officer or

20 employee who was responsible for the violation.

21 ‘‘(10) GOOD-FAITH EXCEPTION.—Any credit re22 porting agency or agent or employee thereof making

23 disclosure of credit reports or identifying information

24 pursuant to this subsection in good-faith reliance

25 upon a certificate of the Federal Bureau of Investiga-
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1 tion pursuant to provisions of this subsection shall

2 not be liable to any person for such disclosure under

3 this title, the constitution of any State, or any law

4 or regulation of any State or any political subdivi5 sion of any State.

6 ‘‘(11) LIMITATION OF REMEDIES.—The remedies

7 and sanctions set forth in this subsection shall be the

8 only judicial remedies and sanctions for violation of

9 this subsection.

10 ‘‘(12) INJUNCTIVE RELIEF.—In addition to any

11 other remedy contained in this subsection, injunctive

12 relief shall be available to require compliance with the

13 procedures of this subsection. In the event of any suc14 cessful action under this subsection, costs together

15 with reasonable attorney fees, as determined by the

16 court, may be recovered.’’.

17 TITLE VII—COUNTERINTEL18 LIGENCE AND SECURITY

19 SEC. 701. SHORT TITLE.

20 This title may be cited as the ‘‘Counterintelligence and

21 Security Enhancements Act of 1994’’.

22 SEC. 702. ACCESS TO CLASSIFIED INFORMATION.

23 (a) AMENDMENT OF THE NATIONAL SECURITY ACT OF

24 1947.—The National Security Act of 1947 (50 U.S.C. 401
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1 et seq.) is amended by adding at the end the following new

2 title:

3 ‘‘TITLE VIII—ACCESS TO CLASSIFIED

4 INFORMATION

5 ‘‘PROCEDURES

6 ‘‘SEC. 801. Not later than 180 days after the date of

7 enactment of this title, the President shall, by Executive

8 order or regulation, establish procedures to govern access

9 to classified information which shall be binding upon all

10 departments, agencies, and offices of the executive branch

11 of Government. Such procedures shall, at a minimum—

12 ‘‘(1) provide that, except as may be permitted by

13 the President, no employee in the executive branch of

14 Government may be given access to classified infor15 mation by any department, agency, or office of the ex16 ecutive branch of Government unless, based upon an

17 appropriate background investigation, such access is

18 determined to be clearly consistent with the national

19 security interests of the United States;

20 ‘‘(2) establish uniform minimum requirements

21 governing the scope and frequency of background in22 vestigations and reinvestigations for all employees in

23 the executive branch of Government who require ac24 cess to classified information as part of their official

25 responsibilities;
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1 ‘‘(3) provide that all employees in the executive

2 branch of Government who require access to classified

3 information shall be required as a condition of such

4 access to provide written consent to the employing de5 partment or agency which permits access by an au6 thorized investigative agency to relevant financial

7 records, other financial information, consumer re8 ports, and travel records, as determined by the Presi9 dent, in accordance with section 802 of this title, dur10 ing the period of access to classified information and

11 for a period of five years thereafter;

12 ‘‘(4) provide that all employees in the executive

13 branch of Government who require access to particu14 larly sensitive classified information, as determined

15 by the President, shall be required, as a condition of

16 maintaining access to such information, to submit to

17 the employing department or agency, during the pe18 riod of such access, relevant information concerning

19 their financial conditions and foreign travel, as deter20 mined by the President, as may be necessary to en21 sure appropriate security; and

22 ‘‘(5) establish uniform minimum standards to

23 ensure that employees whose access to classified infor24 mation is being denied or terminated under this title

25 are appropriately advised of the reasons for such de-
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1 nial or termination and are provided an adequate op2 portunity to respond to all adverse information which

3 forms the basis for such denial or termination before

4 final action by the department or agency concerned,

5 except that, wherever such information is derived

6 from a classified source, appropriate measures shall

7 be taken to conceal the identity of such source from

8 the employee concerned.

9 ‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES

10 ‘‘SEC. 802. (a)(1) Any authorized investigative agency

11 may request from any financial agency, financial institu12 tion, or holding agency, or from any consumer credit re13 porting agency, such financial records, other financial in14 formation, and consumer reports as may be necessary in

15 order to conduct any authorized law enforcement investiga16 tion, counterintelligence inquiry, or security determination.

17 Any authorized investigative agency may also request

18 records maintained by any commercial entity within the

19 United States pertaining to travel by a person outside the

20 United States.

21 ‘‘(2) Requests may be made under this section where—

22 ‘‘(A) the records sought pertain to a person who

23 is or was an employee required by the President in

24 an Executive order or regulation, as a condition of

25 access to classified information, to provide consent,

26 during a background investigation and for such time
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1 as access to the information is maintained, and for

2 a period of not more than 5 years thereafter, permit3 ting access to financial records, other financial infor4 mation, consumer reports, and travel records; and

5 ‘‘(B)(i) there is information or allegations indi6 cating that the person is, or may be, disclosing classi7 fied information in an unauthorized manner to a for8 eign power or agent of a foreign power;

9 ‘‘(ii) information comes to the attention of the

10 employing agency indicating the person has incurred

11 excessive indebtedness or has acquired a level of afflu12 ence which cannot be explained by other information

13 known to the agency; or

14 ‘‘(iii) circumstances indicate the person had the

15 capability and opportunity to disclose classified in16 formation which is known to have been lost or com17 promised to a foreign power or an agent of a foreign

18 power.

19 ‘‘(3) Each such request—

20 ‘‘(A) shall be accompanied by a written certifi21 cation signed by the department or agency head or

22 deputy department or agency head concerned, or by

23 a senior official designated for this purpose by the de24 partment or agency head concerned (whose rank shall
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1 be no lower than Assistant Secretary or Assistant Di2 rector), and shall certify that—

3 ‘‘(i) the person concerned is or was an em4 ployee within the meaning of paragraph (2)(A);

5 ‘‘(ii) the request is being made pursuant to

6 an authorized inquiry or investigation and is

7 authorized under this section; and

8 ‘‘(iii) the records or information to be re9 viewed are records or information which the em10 ployee has previously agreed to make available to

11 the authorized investigative agency for review;

12 ‘‘(B) shall contain a copy of the agreement re13 ferred to in subparagraph (A)(iii);

14 ‘‘(C) shall identify specifically or by category the

15 records or information to be reviewed; and

16 ‘‘(D) shall inform the recipient of the request of

17 the prohibition described in subsection (b).

18 ‘‘(b) Notwithstanding any other provision of law, no

19 governmental or private entity, or officer, employee, or

20 agent of such entity, may disclose to any person, other than

21 those officers, employees, or agents of such entity necessary

22 to satisfy a request made under this section, that such entity

23 has received or satisfied a request made by an authorized

24 investigative agency under this section.
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1 ‘‘(c)(1) Notwithstanding any other provision of law

2 (other than section 6103 of the Internal Revenue Code of

3 1986), an entity receiving a request for records or informa4 tion under subsection (a) shall, if the request satisfies the

5 requirements of this section, make available such records or

6 information within 30 days for inspection or copying, as

7 may be appropriate, by the agency requesting such records

8 or information.

9 ‘‘(2) Any entity (including any officer, employee, or

10 agent thereof) that discloses records or information for in11 spection or copying pursuant to this section in good faith

12 reliance upon the certifications made by an agency pursu13 ant to this section shall not be liable for any such disclosure

14 to any person under this title, the constitution of any State,

15 or any law or regulation of any State or any political sub16 division of any State.

17 ‘‘(d) Any agency requesting records or information

18 under this section may, subject to the availability of appro19 priations, reimburse a private entity for any cost reason20 ably incurred by such entity in responding to such request,

21 including the cost of identifying, reproducing, or transport22 ing records or other data.

23 ‘‘(e) An agency receiving records or information pur24 suant to a request under this section may disseminate the
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1 records or information obtained pursuant to such request

2 outside the agency only—

3 ‘‘(1) to the agency employing the employee who

4 is the subject of the records or information;

5 ‘‘(2) to the Department of Justice for law en6 forcement or counterintelligence purposes; or

7 ‘‘(3) with respect to dissemination to an agency

8 of the United States, if such information is clearly

9 relevant to the authorized responsibilities of such

10 agency.

11 ‘‘(f) Nothing in this section may be construed to affect

12 the authority of an investigative agency to obtain informa13 tion pursuant to the Right to Financial Privacy Act (12

14 U.S.C. 3401 et seq.) or the Fair Credit Reporting Act (15

15 U.S.C. 1681 et seq.).

16 ‘‘EXCEPTIONS

17 ‘‘SEC. 803. Except as otherwise specifically provided,

18 the provisions of this title shall not apply to the President

19 and Vice President, Members of the Congress, Justices of

20 the Supreme Court, and Federal judges appointed by the

21 President.

22 ‘‘DEFINITIONS

23 ‘‘SEC. 804. For purposes of this title—

24 ‘‘(1) the term ‘authorized investigative agency’

25 means an agency authorized by law or regulation to

26 conduct a counterintelligence investigation or inves-
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1 tigations of persons who are proposed for access to

2 classified information to ascertain whether such per3 sons satisfy the criteria for obtaining and retaining

4 access to such information;

5 ‘‘(2) the term ‘classified information’ means any

6 information that has been determined pursuant to

7 Executive Order No. 12356 of April 2, 1982, or suc8 cessive orders, or the Atomic Energy Act of 1954, to

9 require protection against unauthorized disclosure

10 and that is so designated;

11 ‘‘(3) the term ‘consumer credit reporting agency’

12 has the meaning given such term in section 603 of the

13 Consumer Credit Protection Act (15 U.S.C. 1681a);

14 ‘‘(4) the term ‘employee’ includes any person

15 who receives a salary or compensation of any kind

16 from the United States Government, is a contractor

17 of the United States Government or an employee

18 thereof, is an unpaid consultant of the United States

19 Government, or otherwise acts for or on behalf of the

20 United States Government;

21 ‘‘(5) the terms ‘financial agency’ and ‘financial

22 institution’ have the meanings given to such terms in

23 section 5312(a) of title 31, United States Code, and

24 the term ‘holding agency’ has the meaning given to
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1 such term in section 1101(6) of the Right to Finan2 cial Privacy Act of 1978 (12 U.S.C. 3401);

3 ‘‘(6) the terms ‘foreign power’ and ‘agent of a

4 foreign power’ have the same meanings as set forth in

5 sections 101 (a) and (b), respectively, of the Foreign

6 Intelligence Surveillance Act of 1978 (50 U.S.C.

7 1801); and

8 ‘‘(7) the term ‘State’ means each of the several

9 States of the United States, the District of Columbia,

10 the Commonwealth of Puerto Rico, the Commonwealth

11 of the Northern Mariana Islands, the United States

12 Virgin Islands, Guam, American Samoa, the Repub13 lic of the Marshall Islands, the Federated States of

14 Micronesia, and the Republic of Palau (until such

15 time as the Compact of Free Association is ratified),

16 and any other possession of the United States.’’.

17 (b) CLERICAL AMENDMENT.—The table of contents of

18 the National Security Act of 1947 is amended by adding

19 at the end the following:

‘‘TITLE VIII—ACCESS TO CLASSIFIED INFORMATION

‘‘Sec. 801. Procedures.

‘‘Sec. 802. Requests by authorized investigative agencies.

‘‘Sec. 803. Exceptions.

‘‘Sec. 804. Definitions.’’.

20 (c) EFFECTIVE DATE.—The amendments made by sub21 sections (a) and (b) shall take effect 180 days after the date

22 of enactment of this Act.
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1 SEC. 703. COORDINATION OF COUNTERINTELLIGENCE AC2 TIVITIES.

3 (a) ESTABLISHMENT OF COUNTERINTELLIGENCE POL4 ICY BOARD.—(1) There is established within the executive

5 branch of Government a National Counterintelligence Pol6 icy Board (in this section referred to as the ‘‘Board’’). The

7 Board shall report to the President through the National

8 Security Council.

9 (2) The Board shall consist of the following individ10 uals:

11 (A) The Attorney General, who shall serve as

12 Chair.

13 (B) The Secretary of Defense.

14 (C) The Director of Central Intelligence.

15 (D) The Director of the Federal Bureau of Inves16 tigation.

17 (E) The Assistant to the President for National

18 Security Affairs.

19 (b) FUNCTION OF THE BOARD.—The Board shall serve

20 as the principal mechanism for—

21 (1) developing policies and procedures for the ap22 proval of the President to govern the conduct of coun23 terintelligence activities; and

24 (2) resolving conflicts, as directed by the Presi25 dent, which may arise between elements of the Gov26 ernment which carry out such activities.
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1 (c) COORDINATION OF COUNTERINTELLIGENCE MAT2 TERS WITH THE FEDERAL BUREAU OF INVESTIGATION.—

3 (1) Except as provided in paragraph (3) below, the head

4 of each department or agency within the executive branch

5 shall ensure that—

6 (A) the Federal Bureau of Investigation is ad7 vised immediately of any information, regardless of

8 its source, which indicates that classified information

9 is being, or may have been, deliberately disclosed in

10 an unauthorized manner to a foreign power or an

11 agent of a foreign power;

12 (B) following a report made pursuant to sub13 paragraph (A), the Federal Bureau of Investigation is

14 consulted with respect to all subsequent actions which

15 may be undertaken by the department or agency con16 cerned to determine the source of such loss or com17 promise; and

18 (C) where, after appropriate consultation with

19 the department or agency concerned, the Federal Bu20 reau of Investigation undertakes investigative activi21 ties to determine the source of the loss or compromise,

22 the FBI is given complete and timely access to its em23 ployees and records for purposes of such investigative

24 activities.
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1 (2) Except as provided in paragraph (3) below, the

2 Director of the Federal Bureau of Investigation shall ensure

3 that counterintelligence information obtained by the Fed4 eral Bureau of Investigation pertaining to the personnel,

5 operations, or information of departments or agencies of the

6 executive branch, is provided through appropriate channels

7 to the department or agency concerned, and that such de8 partments or agencies are consulted in advance with respect

9 to any action taken by the Federal Bureau of Investigation

10 involving the personnel, operations, or information of such

11 department or agency after a report is provided pursuant

12 to subparagraph (1)(A).

13 (3) Where essential to meet extraordinary cir14 cumstances affecting vital national security interests of the

15 United States, the President may on a case-by-case basis

16 waive the requirements of paragraphs (1) or (2), above, as

17 they apply to the head of a particular department or agen18 cy, or the Director of the Federal Bureau of Investigation.

19 Such waiver shall be in writing and shall fully state the

20 justification for such waiver. Within thirty days of issuing

21 such waiver, the President shall notify the Select Committee

22 on Intelligence of the Senate and the Permanent Select

23 Committee on Intelligence of the House of Representatives

24 that such waiver has been issued, and at that time or as

25 soon as national security considerations permit, provide
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1 these committees with a complete explanation of the cir2 cumstances which necessitated such waiver.

3 (4) The Director of the Federal Bureau of Investigation

4 shall, in consultation with the Director of Central Intel5 ligence and the Secretary of Defense, report annually, be6 ginning on February 1, 1995, and continuing each year

7 thereafter, to the Select Committee on Intelligence of the

8 Senate and to the Permanent Select Committee on Intel9 ligence of the House of Representatives with respect to com10 pliance with paragraphs (1) and (2) during the previous

11 calendar year.

12 (5) Nothing in this section may be construed to alter

13 the existing jurisdictional arrangements between the Fed14 eral Bureau of Investigation and the Department of Defense

15 with respect to investigations of persons subject to the Uni16 form Code of Military Justice, nor to impose additional re17 porting requirements upon the Department of Defense with

18 respect to such investigations beyond those required by ex19 isting law and executive branch policy.

20 (6) As used in this section, the terms ‘‘foreign power’’

21 and ‘‘agent of a foreign power’’ have the same meanings

22 as set forth in subsections 101 (a) and (b), respectively, of

23 the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

24 1801).
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1 SEC. 704. DISCLOSURE OF CONSUMER CREDIT REPORTS

2 FOR COUNTERINTELLIGENCE PURPOSES.

3 Section 608 of the Fair Credit Reporting Act (15

4 U.S.C. 1681f) is amended—

5 (1) by striking ‘‘Notwithstanding’’ and inserting

6 ‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING INFOR7 MATION.—Notwithstanding’’; and

8 (2) by adding at the end the following new sub9 section:

10 ‘‘(b) DISCLOSURES TO THE FBI FOR COUNTERINTEL11 LIGENCE PURPOSES.—

12 ‘‘(1) CONSUMER REPORTS.—Notwithstanding the

13 provisions of section 604, a consumer reporting agen14 cy shall furnish a consumer report to the Federal Bu15 reau of Investigation when presented with a written

16 request for a consumer report, signed by the Director

17 or Deputy Director of the Federal Bureau of Inves18 tigation who certifies compliance with this subsection.

19 The Director or Deputy Director may make such a

20 certification only if he has determined in writing

21 that—

22 ‘‘(A) such records are necessary for the con23 duct of an authorized foreign counterintelligence

24 investigation; and

25 ‘‘(B) there are specific and articulable facts

26 giving reason to believe that the consumer whose
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1 consumer report is sought is a foreign power or

2 an agent of a foreign power, as defined in sec3 tion 101 of the Foreign Intelligence Surveillance

4 Act of 1978 (50 U.S.C. 1801).

5 ‘‘(2) IDENTIFYING INFORMATION.—Notwithstand6 ing the provisions of section 604, a consumer report7 ing agency shall furnish identifying information re8 specting a consumer, limited to name, address, former

9 addresses, places of employment, or former places of

10 employment, to the Federal Bureau of Investigation

11 when presented with a written request, signed by the

12 Director or Deputy Director, which certifies compli13 ance with this subsection. The Director or Deputy Di14 rector may make such certification only if the Direc15 tor or Deputy Director has determined in writing

16 that—

17 ‘‘(A) such information is necessary to the

18 conduct of an authorized foreign counterintel19 ligence investigation; and

20 ‘‘(B) there is information giving reason to

21 believe that the consumer has been, or is about

22 to be, in contact with a foreign power or an

23 agent of a foreign power, as so defined.

24 ‘‘(3) CONFIDENTIALITY.—No consumer reporting

25 agency or officer, employee, or agent of such consumer
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1 reporting agency may disclose to any person, other

2 than those officers, employees, or agents of such agen3 cy necessary to fulfill the requirement to disclose in4 formation to the Federal Bureau of Investigation

5 under this subsection, that the Federal Bureau of In6 vestigation has sought or obtained a consumer report

7 or identifying information respecting any consumer

8 under paragraph (1) or (2), nor shall such agency, of9 ficer, employee, or agent include in any consumer re10 port any information that would indicate that the

11 Federal Bureau of Investigation has sought or ob12 tained such a consumer report or identifying infor13 mation.

14 ‘‘(4) PAYMENT OF FEES.—The Federal Bureau of

15 Investigation may, subject to the availability of ap16 propriations, pay to the consumer reporting agency

17 assembling or providing credit reports or identifying

18 information in accordance with this title, a fee for re19 imbursement for such costs as are reasonably nec20 essary and which have been directly incurred in

21 searching, reproducing, or transporting books, papers,

22 records, or other data required or requested to be pro23 duced under this subsection.

24 ‘‘(5) LIMIT ON DISSEMINATION.—The Federal

25 Bureau of Investigation may not disseminate infor-
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1 mation obtained pursuant to this subsection outside of

2 the Federal Bureau of Investigation, except to the De3 partment of Justice or as may be necessary for the

4 conduct of a foreign counterintelligence investigation.

5 ‘‘(6) RULES OF CONSTRUCTION.—Nothing in this

6 subsection shall be construed to prohibit information

7 from being furnished by the Federal Bureau of Inves8 tigation pursuant to a subpoena or court order, or in

9 connection with a judicial or administrative proceed10 ing to enforce the provisions of this Act. Nothing in

11 this subsection shall be construed to authorize or per12 mit the withholding of information from Congress.

13 ‘‘(7) REPORTS TO CONGRESS.—On an annual

14 basis, the Attorney General of the United States shall

15 fully inform the Permanent Select Committee on In16 telligence of the House of Representatives and the Se17 lect Committee on Intelligence of the Senate concern18 ing all requests made pursuant to paragraphs (1) and

19 (2).

20 ‘‘(8) DAMAGES.—Any agency or department of

21 the United States obtaining or disclosing credit re22 ports, records, or information contained therein in

23 violation of this subsection is liable to the consumer

24 to whom such records relate in an amount equal to

25 the sum of—
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1 ‘‘(A) $100, without regard to the volume of

2 records involved;

3 ‘‘(B) any actual damages sustained by the

4 consumer as a result of the disclosure;

5 ‘‘(C) if the violation is found to have been

6 willful or intentional, such punitive damages as

7 a court may allow; and

8 ‘‘(D) in the case of any successful action to

9 enforce liability under this subsection, the costs

10 of the action, together with reasonable attorney’s

11 fees, as determined by the court.

12 ‘‘(9) GOOD FAITH EXCEPTION.—Any credit re13 porting agency or agent or employee thereof making

14 disclosure of credit reports or identifying information

15 pursuant to this subsection in good faith reliance

16 upon a certificate of the Federal Bureau of Investiga17 tion pursuant to this subsection shall not be liable to

18 any person for such disclosure under this title, the

19 constitution of any State, or any law or regulation

20 of any State or any political subdivision of any

21 State. As used in this subsection, the term ‘State’

22 means any State of the United States, the District of

23 Columbia, the Commonwealth of Puerto Rico, the

24 Trust Territory of the Pacific Islands, and any terri25 tory or possession of the United States.
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1 ‘‘(10) LIMITATION OF REMEDIES.—The remedies

2 set forth in this subsection shall be the only judicial

3 remedies for violation of this subsection.

4 ‘‘(11) INJUNCTIVE RELIEF.—In addition to any

5 other remedy contained in this subsection, injunctive

6 relief shall be available to require compliance with the

7 procedures of this subsection. In the event of any suc8 cessful action under this subsection, costs of the ac9 tion, together with reasonable attorney’s fees, as deter10 mined by the court, may be recovered.’’.

11 SEC. 705. REWARDS FOR INFORMATION CONCERNING ESPI12 ONAGE.

13 (a) REWARDS.—Section 3071 of title 18, United States

14 Code, is amended—

15 (1) by inserting ‘‘(a)’’ before ‘‘With respect to’’;

16 and

17 (2) by adding at the end the following new sub18 section:

19 ‘‘(b) With respect to acts of espionage involving or di20 rected at the United States, the Attorney General may re21 ward any individual who furnishes information—

22 ‘‘(1) leading to the arrest or conviction, in any

23 country, of any individual or individuals for commis24 sion of an act of espionage against the United States;
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1 ‘‘(2) leading to the arrest or conviction, in any

2 country, of any individual or individuals for conspir3 ing or attempting to commit an act of espionage

4 against the United States; or

5 ‘‘(3) leading to the prevention or frustration of

6 an act of espionage against the United States.’’.

7 (b) DEFINITIONS.—Section 3077 of such title is

8 amended by adding at the end the following new paragraph:

9 ‘‘(8) ‘act of espionage’ means an activity that is

10 a violation of—

11 ‘‘(A) section 793, 794, or 798 of title 18,

12 United States Code; or

13 ‘‘(B) section 783(b) of title 50, United

14 States Code.’’.

15 (c) CLERICAL AMENDMENTS.—The items relating to

16 chapter 24 in the table of chapters at the beginning of such

17 title, and in the table of chapters at the beginning of part

18 II of such title, are each amended by adding at the end

19 the following: ‘‘and espionage.’’.

20 SEC. 706. ESPIONAGE NOT COMMITTED IN ANY DISTRICT.

21 (a) IN GENERAL.—Chapter 211 of title 18, United

22 States Code, is amended by inserting after section 3238 the

23 following new section:
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1 ‘‘§ 3239. Espionage and related offenses not committed

2 in any district

3 ‘‘The trial for any offense involving a violation of—

4 ‘‘(1) section 793, 794, 798, 952, or 1030(a)(1) of

5 this title,

6 ‘‘(2) section 601 of the National Security Act of

7 1947 (50 U.S.C. 421), or

8 ‘‘(3) subsection (b) or (c) of section 4 of the Sub9 versive Activities Control Act of 1950 (50 U.S.C. 783

10 (b) or (c)), begun or committed upon the high seas or

11 elsewhere out of the jurisdiction of any particular

12 State or district,

13 may be in the District of Columbia or in any other district

14 authorized by law.’’.

15 (b) CLERICAL AMENDMENT.—The table of sections at

16 the beginning of chapter 211 of such title is amended by

17 inserting after the item relating to section 3238 the follow18 ing:

‘‘3239. Espionage and related offenses not committed in any district.’’.

19 SEC. 707. CRIMINAL FORFEITURE FOR VIOLATION OF CER20 TAIN ESPIONAGE LAWS.

21 (a) IN GENERAL.—Section 798 of title 18, United

22 States Code, is amended by adding at the end the following

23 new subsections:
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1 ‘‘(d)(1) Any person convicted of a violation of this sec2 tion shall forfeit to the United States irrespective of any

3 provision of State law—

4 ‘‘(A) any property constituting, or derived from,

5 any proceeds the person obtained, directly or indi6 rectly, as the result of such violation; and

7 ‘‘(B) any of the person’s property used, or in8 tended to be used, in any manner or part, to commit,

9 or to facilitate the commission of, such violation.

10 ‘‘(2) The court, in imposing sentence on a defendant

11 for a conviction of a violation of this section, shall order

12 that the defendant forfeit to the United States all property

13 described in paragraph (1).

14 ‘‘(3) Except as provided in paragraph (4), the provi15 sions of subsections (b), (c), and (e) through (p) of section

16 413 of the Comprehensive Drug Abuse Prevention and Con17 trol Act of 1970 (21 U.S.C. 853 (b), (c), and (e)–(p)) shall

18 apply to—

19 ‘‘(A) property subject to forfeiture under this

20 subsection;

21 ‘‘(B) any seizure or disposition of such property;

22 and

23 ‘‘(C) any administrative or judicial proceeding

24 in relation to such property if not inconsistent with

25 this subsection.
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1 ‘‘(4) Notwithstanding section 524(c) of title 28, there

2 shall be deposited in the Crime Victims Fund established

3 under section 1402 of the Victims of Crime Act of 1984 (42

4 U.S.C. 10601) all amounts from the forfeiture of property

5 under this subsection remaining after the payment of ex6 penses for forfeiture and sale authorized by law.

7 ‘‘(e) As used in subsection (d) of this section, the term

8 ‘State’ means each of the several States of the United States,

9 the District of Columbia, the Commonwealth of Puerto Rico,

10 the Commonwealth of the Northern Mariana Islands, the

11 United States Virgin Islands, Guam, American Samoa, the

12 Republic of the Marshall Islands, the Federated States of

13 Micronesia, and the Republic of Palau (until such time as

14 the Compact of Free Association is ratified), and any other

15 possession of the United States.’’.

16 (b) AMENDMENTS FOR CONSISTENCY IN APPLICATION

17 OF FORFEITURE UNDER TITLE 18.—(1) Section 793(h)(3)

18 of such title is amended in the matter above subparagraph

19 (A) by striking out ‘‘(o)’’ each place it appears and insert20 ing in lieu thereof ‘‘(p)’’.

21 (2) Section 794(d)(3) of such title is amended in the

22 matter above subparagraph (A) by striking out ‘‘(o)’’ each

23 place it appears and inserting in lieu thereof ‘‘(p)’’.

24 (c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Section

25 4 of the Subversive Activities Control Act of 1950 (50
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1 U.S.C. 783) is amended by adding at the end the following

2 new subsection:

3 ‘‘(g)(1) Any person convicted of a violation of this sec4 tion shall forfeit to the United States irrespective of any

5 provision of State law—

6 ‘‘(A) any property constituting, or derived from,

7 any proceeds the person obtained, directly or indi8 rectly, as the result of such violation; and

9 ‘‘(B) any of the person’s property used, or in10 tended to be used, in any manner or part, to commit,

11 or to facilitate the commission of, such violation.

12 ‘‘(2) The court, in imposing sentence on a defendant

13 for a conviction of a violation of this section, shall order

14 that the defendant forfeit to the United States all property

15 described in paragraph (1).

16 ‘‘(3) Except as provided in paragraph (4), the provi17 sions of subsections (b), (c), and (e) through (p) of section

18 413 of the Comprehensive Drug Abuse Prevention and Con19 trol Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)) shall

20 apply to—

21 ‘‘(A) property subject to forfeiture under this

22 subsection;

23 ‘‘(B) any seizure or disposition of such property;

24 and
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1 ‘‘(C) any administrative or judicial proceeding

2 in relation to such property, if not inconsistent with

3 this subsection.

4 ‘‘(4) Notwithstanding section 524(c) of title 28, there

5 shall be deposited in the Crime Victims Fund established

6 under section 1402 of the Victims of Crime Act of 1984 (42

7 U.S.C. 10601) all amounts from the forfeiture of property

8 under this subsection remaining after the payment of ex9 penses for forfeiture and sale authorized by law.’’.

10 SEC. 708. DENIAL OF ANNUITIES OR RETIRED PAY TO PER11 SONS CONVICTED OF ESPIONAGE IN FOREIGN

12 COURTS INVOLVING UNITED STATES INFOR13 MATION.

14 Section 8312 of title 5, United States Code, is amended

15 by adding at the end thereof the following new subsection:

16 ‘‘(d) For purposes of subsections (b)(1) and (c)(1), an

17 offense within the meaning of such subsections is established

18 if the Attorney General certifies to the agency administering

19 the annuity or retired pay concerned—

20 ‘‘(1) that an individual subject to this chapter

21 has been convicted by an impartial court of appro22 priate jurisdiction within a foreign country in cir23 cumstances in which the conduct violates the provi24 sions of law enumerated in subsections (b)(1) and

25 (c)(1), or would violate such provisions had such con-
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1 duct taken place with the United States, and that

2 such conviction is not being appealed or that final ac3 tion has been taken on such appeal;

4 ‘‘(2) that such conviction was obtained in ac5 cordance with procedures that provided the defendant

6 due process rights comparable to such rights provided

7 by the United States Constitution, and such convic8 tion was based upon evidence which would have been

9 admissible in the courts of the United States; and

10 ‘‘(3) that such conviction occurred after the date

11 of enactment of this subsection.’’.

12 SEC. 709. PROVIDING A COURT ORDER PROCESS FOR PHYS13 ICAL SEARCHES UNDERTAKEN FOR FOREIGN

14 INTELLIGENCE PURPOSES.

15 (a) AMENDMENT OF THE FOREIGN INTELLIGENCE

16 SURVEILLANCE ACT OF 1978.—The Foreign Intelligence

17 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amend18 ed—

19 (1) by redesignating title III as title IV and sec20 tion 301 as section 401, respectively;

21 (2) in section 401 (as redesignated) by inserting

22 ‘‘(other than title III)’’ after ‘‘provisions of this Act’’;

23 and

24 (3) by inserting after title II the following new

25 title:
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1 ‘‘TITLE III—PHYSICAL SEARCHES

2 WITHIN THE UNITED STATES

3 FOR FOREIGN INTELLIGENCE

4 PURPOSES

5 ‘‘AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN

6 INTELLIGENCE PURPOSES

7 ‘‘SEC. 301. (a) Applications for a court order under

8 this title are authorized if the President has, by written au9 thorization, empowered the Attorney General to approve ap10 plications to the Foreign Intelligence Surveillance Court.

11 Notwithstanding any other law, a judge of the court to

12 whom application is made may grant an order in accord13 ance with section 303 approving a physical search in the

14 United States of the premises, property, information, or

15 material of a foreign power or an agent of a foreign power

16 for the purpose of collecting foreign intelligence informa17 tion.

18 ‘‘(b) The Foreign Intelligence Surveillance Court shall

19 have jurisdiction to hear applications for and grant orders

20 approving a physical search for the purpose of obtaining

21 foreign intelligence information anywhere within the Unit22 ed States under the procedures set forth in this title, except

23 that no judge shall hear the same application which has

24 been denied previously by another judge designated under

25 section 103(a) of the Act. If any judge so designated denies
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1 an application for an order authorizing a physical search

2 under this title, such judge shall provide immediately for

3 the record a written statement of each reason for his deci4 sion and, on motion of the United States, the record shall

5 be transmitted, under seal, to the court of review established

6 under section 103(b).

7 ‘‘(c) The court of review established under section

8 103(b) shall have jurisdiction to review the denial of any

9 application made under this title. If such court determines

10 that the application was properly denied, the court shall

11 immediately provide for the record a written statement of

12 each reason for its decision and, on petition of the United

13 States for a writ of certiorari, the record shall be transmit14 ted under seal to the Supreme Court, which shall have juris15 diction to review such decision.

16 ‘‘(d) Judicial proceedings under this title shall be con17 cluded as expeditiously as possible. The record of proceed18 ings under this title, including applications made and or19 ders granted, shall be maintained under security measures

20 established by the Chief Justice of the United States in con21 sultation with the Attorney General and the Director of

22 Central Intelligence.

23 ‘‘APPLICATION FOR AN ORDER

24 ‘‘SEC. 302. (a) Each application for an order approv25 ing a physical search under this title shall be made by a

26 Federal officer in writing upon oath or affirmation to a
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1 judge of the Foreign Intelligence Surveillance Court. Each

2 application shall require the approval of the Attorney Gen3 eral based upon the Attorney General’s finding that it satis4 fies the criteria and requirements for such application as

5 set forth in this title. Each application shall include—

6 ‘‘(1) the identity of the Federal officer making

7 the application;

8 ‘‘(2) the authority conferred on the Attorney

9 General by the President and the approval of the At10 torney General to make the application;

11 ‘‘(3) the identity, if known, or a description of

12 the target of the search, and a detailed description of

13 the premises or property to be searched and of the in14 formation, material, or property to be seized, repro15 duced, or altered;

16 ‘‘(4) a statement of the facts and circumstances

17 relied upon by the applicant to justify the applicant’s

18 belief that—

19 ‘‘(A) the target of the physical search is a

20 foreign power or an agent of a foreign power;

21 ‘‘(B) the premises or property to be searched

22 contains foreign intelligence information; and

23 ‘‘(C) the premises or property to be searched

24 is owned, used, possessed by, or is in transit to
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1 or from a foreign power or an agent of a foreign

2 power;

3 ‘‘(5) a statement of the proposed minimization

4 procedures;

5 ‘‘(6) a statement of the nature of the foreign in6 telligence sought and the manner in which the phys7 ical search is to be conducted;

8 ‘‘(7) a certification or certifications by the As9 sistant to the President for National Security Affairs

10 or an executive branch official or officials designated

11 by the President from among those executive branch

12 officers employed in the area of national security or

13 defense and appointed by the President, by and with

14 the advice and consent of the Senate—

15 ‘‘(A) that the certifying official deems the

16 information sought to be foreign intelligence in17 formation;

18 ‘‘(B) that the purpose of the search is to ob19 tain foreign intelligence information;

20 ‘‘(C) that such information cannot reason21 ably be obtained by normal investigative tech22 niques;

23 ‘‘(D) that designates the type of foreign in24 telligence information being sought according to

25 the categories described in section 101(e); and
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1 ‘‘(E) includes a statement explaining the

2 basis for the certifications required by subpara3 graphs (C) and (D); and

4 ‘‘(8) a statement of the facts concerning all pre5 vious applications that have been made to any judge

6 under this title involving any of the persons, prem7 ises, or property specified in the application, and the

8 action taken on each previous application.

9 ‘‘(b) The Attorney General may require any other affi10 davit or certification from any other officer in connection

11 with the application.

12 ‘‘(c) The judge may require the applicant to furnish

13 such other information as may be necessary to make the

14 determinations required by section 303.

15 ‘‘ISSUANCE OF AN ORDER

16 ‘‘SEC. 303. (a) Upon an application made pursuant

17 to section 302, the judge shall enter an ex parte order as

18 requested or as modified approving the physical search if

19 the judge finds that—

20 ‘‘(1) the President has authorized the Attorney

21 General to approve applications for physical searches

22 for foreign intelligence purposes;

23 ‘‘(2) the application has been made by a Federal

24 officer and approved by the Attorney General;

25 ‘‘(3) on the basis of the facts submitted by the

26 applicant there is probable cause to believe that—
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1 ‘‘(A) the target of the physical search is a

2 foreign power or an agent of a foreign power, ex3 cept that no United States person may be con4 sidered an agent of a foreign power solely upon

5 the basis of activities protected by the first

6 amendment to the Constitution of the United

7 States;

8 ‘‘(B) the premises or property to be searched

9 is owned, used, possessed by, or is in transit to

10 or from an agent of a foreign power or a foreign

11 power; and

12 ‘‘(C) physical search of such premises or

13 property can reasonably be expected to yield for14 eign intelligence information which cannot rea15 sonably be obtained by normal investigative

16 means;

17 ‘‘(4) the proposed minimization procedures meet

18 the definition of minimization contained in this title;

19 and

20 ‘‘(5) the application which has been filed con21 tains all statements and certifications required by sec22 tion 302, and, if the target is a United States person,

23 the certification or certifications are not clearly erro24 neous on the basis of the statement made under sec-
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1 tion 302(a)(7)(E) and any other information fur2 nished under section 302(c).

3 ‘‘(b) An order approving a physical search under this

4 section shall—

5 ‘‘(1) specify—

6 ‘‘(A) the identity, if known, or a description

7 of the target of the physical search;

8 ‘‘(B) the nature and location of each of the

9 premises or property to be searched;

10 ‘‘(C) the type of information, material, or

11 property to be seized, altered, or reproduced;

12 ‘‘(D) a statement of the manner in which

13 the physical search is to be conducted and, when14 ever more than one physical search is authorized

15 under the order, the authorized scope of each

16 search and what minimization procedures shall

17 apply to the information acquired by each

18 search; and

19 ‘‘(E) the period of time during which phys20 ical searches are approved; and

21 ‘‘(2) direct—

22 ‘‘(A) that the minimization procedures be

23 followed;

24 ‘‘(B) that, upon the request of the applicant,

25 a specified landlord, custodian, or other specified
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1 person furnish the applicant forthwith all infor2 mation, facilities, or assistance necessary to ac3 complish the physical search in such a manner

4 as will protect its secrecy and produce a mini5 mum of interference with the services that such

6 landlord, custodian, or other person is providing

7 the target of the physical search;

8 ‘‘(C) that such landlord, custodian or other

9 person maintain under security procedures ap10 proved by the Attorney General and the Director

11 of Central Intelligence any records concerning

12 the search or the aid furnished that such person

13 wishes to retain;

14 ‘‘(D) that the applicant compensate, at the

15 prevailing rate, such landlord, custodian, or

16 other person for furnishing such aid; and

17 ‘‘(E) that the Federal officer conducting the

18 physical search promptly report to the court the

19 circumstances and results of the physical search.

20 ‘‘(c)(1) An order issued under this section may ap21 prove a physical search for the period necessary to achieve

22 its purpose, or for ninety days, whichever is less, except that

23 an order under this section shall approve physical search

24 targeted against a foreign power, as defined in paragraph
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1 (1), (2), or (3) of section 101(a), for the period specified

2 in the application or for one year, whichever is less.

3 ‘‘(2) Extensions of an order issued under this title may

4 be granted on the same basis as the original order upon

5 an application for an extension and new findings made in

6 the same manner as required for the original order, except

7 that an extension of an order under this Act for a physical

8 search targeted against a foreign power, as defined in sec9 tion 101(a) (5) or (6), or against a foreign power, as de10 fined in section 101(a)(4), that is not a United States per11 son, may be for a period not to exceed one year if the judge

12 finds probable cause to believe that no property of any indi13 vidual United States person will be acquired during the pe14 riod.

15 ‘‘(3) At or before the end of the period of time for which

16 a physical search is approved by an order or an extension,

17 or at any time after a physical search is carried out, the

18 judge may assess compliance with the minimization proce19 dures by reviewing the circumstances under which informa20 tion concerning United States persons was acquired, re21 tained, or disseminated.

22 ‘‘(d)(1) Notwithstanding any other provision of this

23 title, whenever the Attorney General reasonably determines

24 that—
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1 ‘‘(A) an emergency situation exists with respect

2 to the execution of a physical search to obtain foreign

3 intelligence information before an order authorizing

4 such search can with due diligence be obtained, and

5 ‘‘(B) the factual basis for issuance of an order

6 under this title to approve such a search exists,

7 the Attorney General may authorize the execution of an

8 emergency physical search if—

9 ‘‘(i) a judge having jurisdiction under section

10 103 is informed by the Attorney General or the Attor11 ney General’s designee at the time of such authoriza12 tion that the decision has been made to execute an

13 emergency search, and

14 ‘‘(ii) an application in accordance with this title

15 is made to that judge as soon as practicable but not

16 more than 24 hours after the Attorney General au17 thorizes such search.

18 ‘‘(2) If the Attorney General authorizes an emergency

19 search under paragraph (1), the Attorney General shall re20 quire that the minimization procedures required by this

21 title for the issuance of a judicial order be followed.

22 ‘‘(3) In the absence of a judicial order approving such

23 a physical search, the search shall terminate the earlier of—

24 ‘‘(A) the date on which the information sought is

25 obtained;
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1 ‘‘(B) the date on which the application for the

2 order is denied; or

3 ‘‘(C) the expiration of 24 hours from the time of

4 authorization by the Attorney General.

5 ‘‘(4) In the event that such application for approval

6 is denied, or in any other case where the physical search

7 is terminated and no order is issued approving the search,

8 no information obtained or evidence derived from such

9 search shall be received in evidence or otherwise disclosed

10 in any trial, hearing, or other proceeding in or before any

11 court, grand jury, department, office, agency, regulatory

12 body, legislative committee, or other authority of the United

13 States, a State, or political subdivision thereof, and no in14 formation concerning any United States person acquired

15 from such search shall subsequently be used or disclosed in

16 any other manner by Federal officers or employees without

17 the consent of such person, except with the approval of the

18 Attorney General, if the information indicates a threat of

19 death or serious bodily harm to any person. A denial of

20 the application made under this subsection may be reviewed

21 as provided in section 301.

22 ‘‘(e) Applications made and orders granted under this

23 title shall be retained for a period of at least 10 years from

24 the date of the application.
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1 ‘‘USE OF INFORMATION

2 ‘‘SEC. 304. (a) Information acquired from a physical

3 search conducted pursuant to this title concerning any

4 United States person may be used and disclosed by Federal

5 officers and employees without the consent of the United

6 States person only in accordance with the minimization

7 procedures required by this title. No information acquired

8 from a physical search pursuant to this title may be used

9 or disclosed by Federal officers or employees except for law10 ful purposes.

11 ‘‘(b) No information acquired pursuant to this title

12 shall be disclosed for law enforcement purposes unless such

13 disclosure is accompanied by a statement that such infor14 mation, or any information derived therefrom, may only

15 be used in a criminal proceeding with the advance author16 ization of the Attorney General.

17 ‘‘(c) Whenever the United States intends to enter into

18 evidence or otherwise use or disclose in any trial, hearing,

19 or other proceeding in or before any court, department, offi20 cer, agency, regulatory body, or other authority of the Unit21 ed States, against an aggrieved person, any information ob22 tained or derived from a physical search of the premises

23 or property of that aggrieved person pursuant to the author24 ity of this title, the United States shall, prior to the trial,

25 hearing, or the other proceeding or at a reasonable time
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1 prior to an effort to so disclose or so use that information

2 or submit it in evidence, notify the aggrieved person and

3 the court or other authority in which the information is

4 to be disclosed or used that the United States intends to

5 so disclose or so use such information.

6 ‘‘(d) Whenever any State or political subdivision there7 of intends to enter into evidence or otherwise use or disclose

8 in any trial, hearing, or other proceeding in or before any

9 court, department, officer, agency, regulatory body, or other

10 authority of a State or a political subdivision thereof

11 against an aggrieved person any information obtained or

12 derived from a physical search of the premises or property

13 of that aggrieved person pursuant to the authority of this

14 title, the State or political subdivision thereof shall notify

15 the aggrieved person, the court or other authority in which

16 the information is to be disclosed or used, and the Attorney

17 General that the State or political subdivision thereof in18 tends to so disclose or so use such information.

19 ‘‘(e)(1) Any person against whom evidence obtained or

20 derived from a physical search to which he is an aggrieved

21 person is to be, or has been, introduced or otherwise used

22 or disclosed in any trial, hearing, or other proceeding in

23 or before any court, department, officer, agency, regulatory

24 body, or other authority of the United States, a State, or

25 a political subdivision thereof, may move to suppress the
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1 evidence obtained or derived from such search on the

2 grounds that—

3 ‘‘(A) the information was unlawfully acquired;

4 or

5 ‘‘(B) the physical search was not made in con6 formity with an order of authorization or approval.

7 ‘‘(2) Such a motion shall be made before the trial, hear8 ing, or other proceeding unless there was no opportunity

9 to make such a motion or the person was not aware of the

10 grounds of the motion.

11 ‘‘(f) Whenever a court or other authority is notified

12 pursuant to subsection (c) or (d), or whenever a motion is

13 made pursuant to subsection (e), or whenever any motion

14 or request is made by an aggrieved person pursuant to any

15 other statute or rule of the United States or any State before

16 any court or other authority of the United States or any

17 State to discover or obtain applications or orders or other

18 materials relating to a physical search authorized by this

19 title or to discover, obtain, or suppress evidence or informa20 tion obtained or derived from a physical search authorized

21 by this title, the United States district court or, where the

22 motion is made before another authority, the United States

23 district court in the same district as the authority shall,

24 notwithstanding any other law, if the Attorney General files

25 an affidavit under oath that disclosure or any adversary
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1 hearing would harm the national security of the United

2 States, review in camera and ex parte the application,

3 order, and such other materials relating to the physical

4 search as may be necessary to determine whether the phys5 ical search of the aggrieved person was lawfully authorized

6 and conducted. In making this determination, the court

7 may disclose to the aggrieved person, under appropriate se8 curity procedures and protective orders, portions of the ap9 plication, order, or other materials relating to the physical

10 search only where such disclosure is necessary to make an

11 accurate determination of the legality of the physical search.

12 ‘‘(g) If the United States district court pursuant to

13 subsection (f) determines that the physical search was not

14 lawfully authorized or conducted, it shall, in accordance

15 with the requirements of law, suppress the evidence which

16 was unlawfully obtained or derived from the physical search

17 of the aggrieved person or otherwise grant the motion of

18 the aggrieved person. If the court determines that the phys19 ical search was lawfully authorized or conducted, it shall

20 deny the motion of the aggrieved person except to the extent

21 that due process requires discovery or disclosure.

22 ‘‘(h) Orders granting motions or requests under sub23 section (g), decisions under this section that a physical

24 search was not lawfully authorized or conducted, and orders

25 of the United States district court requiring review or
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1 granting disclosure of applications, orders, or other mate2 rials relating to the physical search shall be final orders

3 and binding upon all courts of the United States and the

4 several States except a United States Court of Appeals or

5 the Supreme Court.

6 ‘‘(i) If an emergency execution of a physical search is

7 authorized under section 303(d) and a subsequent order ap8 proving the search is not obtained, the judge shall cause

9 to be served on any United States person named in the ap10 plication and on such other United States persons subject

11 to the search as the judge may determine in his discretion

12 it is in the interests of justice to serve, notice of—

13 ‘‘(1) the fact of the application;

14 ‘‘(2) the period of the search; and

15 ‘‘(3) the fact that during the period information

16 was or was not obtained.

17 On an ex parte showing of good cause to the judge, the serv18 ing of the notice required by this subsection may be post19 poned or suspended for a period not to exceed 90 days.

20 Thereafter, on a further ex parte showing of good cause, the

21 court shall forego ordering the serving of the notice required

22 under this subsection.

23 ‘‘CONGRESSIONAL OVERSIGHT

24 ‘‘SEC. 305. On a semiannual basis the Attorney Gen25 eral shall fully inform the Permanent Select Committee on

26 Intelligence of the House of Representatives and the Select
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1 Committee on Intelligence of the Senate concerning all

2 physical searches conducted pursuant to this title. On an

3 annual basis the Attorney General shall also provide to

4 those committees a report setting forth with respect to the

5 preceding calendar year—

6 ‘‘(1) the total number of applications made for

7 orders approving physical searches under this title;

8 and

9 ‘‘(2) the total number of such orders either grant10 ed, modified, or denied.

11 ‘‘PENALTIES

12 ‘‘SEC. 306. (a) OFFENSE.—A person is guilty of an

13 offense if he intentionally—

14 ‘‘(1) under color of law for the purpose of obtain15 ing foreign intelligence information, executes a phys16 ical search within the United States except as author17 ized by statute; or

18 ‘‘(2) discloses or uses information obtained under

19 color of law by physical search within the United

20 States, knowing or having reason to know that the in21 formation was obtained through physical search not

22 authorized by statute, for the purpose of obtaining in23 telligence information.

24 ‘‘(b) DEFENSE.—It is a defense to a prosecution under

25 subsection (a) that the defendant was a law enforcement

26 or investigative officer engaged in the course of his official
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1 duties and the physical search was authorized by and con2 ducted pursuant to a search warrant or court order of a

3 court of competent jurisdiction.

4 ‘‘(c) PENALTY.—An offense described in this section is

5 punishable by a fine of not more than $10,000 or imprison6 ment for not more than five years, or both.

7 ‘‘(d) JURISDICTION.—There is Federal jurisdiction

8 over an offense under this section if the person committing

9 the offense was an officer or employee of the United States

10 at the time the offense was committed.

11 ‘‘CIVIL LIABILITY

12 ‘‘SEC. 307. CIVIL ACTION.—An aggrieved person, other

13 than a foreign power or an agent of a foreign power, as

14 defined in section 101 (a) or (b)(1)(A), respectively, of this

15 Act, whose premises, property, information, or material has

16 been subjected to a physical search within the United States

17 or about whom information obtained by such a physical

18 search has been disclosed or used in violation of section 306

19 shall have a cause of action against any person who com20 mitted such violation and shall be entitled to recover—

21 ‘‘(1) actual damages, but not less than liquidated

22 damages of $1,000 or $100 per day for each day of

23 violation, whichever is greater;

24 ‘‘(2) punitive damages; and

25 ‘‘(3) reasonable attorney’s fees and other inves26 tigative and litigation costs reasonably incurred.
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1 ‘‘AUTHORIZATION DURING TIME OF WAR

2 ‘‘SEC. 308. Notwithstanding any other law, the Presi3 dent, through the Attorney General, may authorize physical

4 searches without a court order under this title to acquire

5 foreign intelligence information for a period not to exceed

6 15 calendar days following a declaration of war by the Con7 gress.

8 ‘‘DEFINITIONS

9 ‘‘SEC. 309. As used in this title:

10 ‘‘(1) The terms ‘foreign power’, ‘agent of a for11 eign power’, ‘international terrorism’, ‘sabotage’, ‘for12 eign intelligence information’, ‘Attorney General’,

13 ‘United States person’, ‘United States’, ‘person’, and

14 ‘State’ shall have the same meanings as in section

15 101 of this Act.

16 ‘‘(2) ‘Aggrieved person’ means a person whose

17 premises, property, information, or material is the

18 target of physical search or any other person whose

19 premises, property, information, or material was sub20 ject to physical search.

21 ‘‘(3) ‘Foreign Intelligence Surveillance Court’

22 means the court established by section 103(a) of this

23 Act.

24 ‘‘(4) ‘Minimization procedures’ with respect to

25 physical search, means—
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1 ‘‘(A) specific procedures, which shall be

2 adopted by the Attorney General, that are rea3 sonably designed in light of the purposes and

4 technique of the particular physical search, to

5 minimize the acquisition and retention, and pro6 hibit the dissemination, of nonpublicly available

7 information concerning unconsenting United

8 States persons consistent with the need of the

9 United States to obtain, produce, and dissemi10 nate foreign intelligence information;

11 ‘‘(B) procedures that require that non-pub12 licly available information, which is not foreign

13 intelligence information, as defined in section

14 101(e) (1) of this Act, shall not be disseminated

15 in a manner that identifies any United States

16 person, without such person’s consent, unless

17 such person’s identity is necessary to understand

18 such foreign intelligence information or assess its

19 importance; and

20 ‘‘(C) notwithstanding subparagraphs (A)

21 and (B), procedures that allow for the retention

22 and dissemination of information that is evi23 dence of a crime which has been, is being, or is

24 about to be committed and that is to be retained

25 or disseminated for law enforcement purposes.
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1 ‘‘(5) ‘Physical search’ means any physical intru2 sion into premises or property (including examina3 tion of the interior of property by technical means)

4 that is intended to result in a seizure, reproduction,

5 inspection, or alteration of information, material, or

6 property, under circumstances in which a person has

7 a reasonable expectation of privacy and a warrant

8 would be required for law enforcement purposes, but

9 does not include ‘electronic surveillance’, as defined in

10 section 101(f) of this Act.’’.

11 (b) CLERICAL AMENDMENT.—The table of contents for

12 the Foreign Intelligence Surveillance Act of 1978 is amend13 ed by striking the items relating to title III and inserting

14 the following:

‘‘TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES

FOR FOREIGN INTELLIGENCE PURPOSES

‘‘Sec. 301. Authorization of physical searches for foreign intelligence purposes.

‘‘Sec. 302. Application for an order.

‘‘Sec. 303. Issuance of an order.

‘‘Sec. 304. Use of information.

‘‘Sec. 305. Congressional oversight.

‘‘Sec. 306. Penalties.

‘‘Sec. 307. Civil liability.

‘‘Sec. 308. Authorization during time of war.

‘‘Sec. 309. Definitions.

‘‘TITLE IV—EFFECTIVE DATE

‘‘Sec. 401. Effective Date.’’.

15 (c) EFFECTIVE DATE.—The amendments made by sub16 sections (a) and (b) shall take effect 90 days after the date

17 of enactment of this Act, except that any physical search

18 approved by the Attorney General to gather foreign intel-
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1 ligence information shall not be deemed unlawful for failure

2 to follow the procedures of title III of the Foreign Intel3 ligence Surveillance Act of 1978 (as added by this Act), if

4 that search is conducted within 180 days after the date of

5 enactment of this Act pursuant to regulations issued by the

6 Attorney General, which were in the possession of the Select

7 Committee on Intelligence of the Senate and the Permanent

8 Select Committee on Intelligence of the House of Represent9 atives before the date of enactment of this Act.

10 SEC. 710. LESSER CRIMINAL OFFENSE FOR UNAUTHORIZED

11 REMOVAL OF CLASSIFIED DOCUMENTS.

12 (a) IN GENERAL.—Chapter 93 of title 18, United

13 States Code, is amended by adding at the end the following

14 new section:

15 ‘‘§ 1924. Unauthorized removal and retention of clas16 sified documents or material

17 ‘‘(a) IN GENERAL.—Whoever, being an officer, em18 ployee, contractor, or consultant of the United States, and,

19 by virtue of his office, employment, position, or contract,

20 becomes possessed of documents or materials containing

21 classified information of the United States, knowingly re22 moves such documents or materials without authority and

23 with the intent to retain such documents or materials at

24 an unauthorized location shall be fined not more than

25 $1,000, or imprisoned for not more than 1 year, or both.
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1 ‘‘(b) DEFINITION.—In this section, the term ‘classified

2 information of the United States’ means information origi3 nated, owned, or possessed by the United States Government

4 concerning the national defense or foreign relations of the

5 United States that has been determined pursuant to law

6 or Executive order to require protection against unauthor7 ized disclosure in the interests of national security.’’.

8 (b) CLERICAL AMENDMENT.—The table of sections at

9 the beginning of such chapter is amended by adding at the

10 end the following:

‘‘1924. Unauthorized removal and retention of classified documents or material.’’.

11 SEC. 711. REPORTS ON FOREIGN INDUSTRIAL ESPIONAGE.

12 (a) IN GENERAL.—(1) In order to assist Congress in

13 its oversight functions with respect to this Act and to im14 prove the awareness of United States industry of foreign

15 industrial espionage and the ability of such industry to pro16 tect against such espionage, the President shall submit to

17 Congress a report that describes, as of the time of the report,

18 the following:

19 (A) The respective policy functions and oper20 ational roles of the agencies of the executive branch of

21 the Federal Government in identifying and counter22 ing threats to United States industry of foreign in23 dustrial espionage, including the manner in which

24 such functions and roles are coordinated.
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1 (B) The means by which the Federal Government

2 communicates information on such threats, and on

3 methods to protect against such threats, to United

4 States industry in general and to United States com5 panies known to be targets of foreign industrial espio6 nage.

7 (C) The specific measures that are being or could

8 be undertaken in order to improve the activities re9 ferred to in subparagraphs (A) and (B), including

10 proposals for any modifications of law necessary to

11 facilitate the undertaking of such activities.

12 (D) The threat to United States industry of for13 eign industrial espionage and any trends in that

14 threat, including—

15 (i) the number and identity of the foreign

16 governments conducting foreign industrial espio17 nage;

18 (ii) the industrial sectors and types of infor19 mation and technology targeted by such espio20 nage; and

21 (iii) the methods used to conduct such espio22 nage.

23 (2) The President shall submit the report required

24 under this subsection not later than 6 months after the date

25 of the enactment of this Act.
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1 (b) ANNUAL UPDATE.—Not later than 1 year after the

2 date referred to in paragraph (2) of subsection (a), and on

3 the expiration of each year thereafter, the President shall

4 submit to Congress a report updating the information re5 ferred to in paragraph (1)(D) of that subsection.

6 (c) FORM OF REPORTS.—To the maximum extent

7 practicable, the reports referred to in subsections (a) and

8 (b) shall be submitted in an unclassified form, but may be

9 accompanied by a classified appendix.

10 (d) REPORT UNDER DEFENSE PRODUCTION ACT.—

11 Section 721(k)(1)(B) of the Defense Production Act of 1950

12 (50 U.S.C. App. 2170(k)(1)(B)) is amended by inserting

13 ‘‘or directly assisted’’ after ‘‘directed’’.

14 (e) DEFINITION.—For the purposes of this section,

15 ‘‘foreign industrial espionage’’ means industrial espionage

16 conducted by a foreign government or by a foreign company

17 with direct assistance of a foreign government against a

18 private United States company and aimed at obtaining

19 commercial secrets.

20 SEC. 712 COUNTERNARCOTICS TARGETS FUNDING.

21 Not less than $10,000,000 from the NSA base budget

22 shall be transferred to United States Army signals intel23 ligence activities directed at counternarcotics targets. A de24 tailed operations plan with special emphasis on the United

25 States/Mexico border and including the participation of the
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1 National Security Agency, the Drug Enforcement Adminis2 tration, the Federal Bureau of Investigation, and the Unit3 ed States Customs Service, shall be provided to the Senate

4 Select Committee on Intelligence and the House Permanent

5 Select Committee on Intelligence no later than November

6 15, 1994. This plan shall include a detailed description of

7 the planned targets and the type of intelligence collection,

8 dissemination, analysis and tasking that will be included

9 in these operations.

10 TITLE VIII—COMMISSION ON

11 THE ROLES AND CAPABILI12 TIES OF THE UNITED STATES

13 INTELLIGENCE COMMUNITY

14 SEC. 801. ESTABLISHMENT.

15 There is established a commission to be known as the

16 Commission on the Roles and Capabilities of the United

17 States Intelligence Community (hereafter in this title re18 ferred to as the ‘‘Commission’’).

19 SEC. 802. COMPOSITION AND QUALIFICATIONS.

20 (a) MEMBERSHIP.—(1) The Commission shall be com21 posed of 17 members, as follows:

22 (A) Nine members shall be appointed by the

23 President from private life, no more than four of

24 whom shall have previously held senior leadership po25 sitions in the intelligence community.
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1 (B) Two members shall be appointed by the Ma2 jority Leader of the Senate, of whom one shall be a

3 Member of the Senate and one shall be from private

4 life.

5 (C) Two members shall be appointed by the Mi6 nority Leader of the Senate, of whom one shall be a

7 Member of the Senate and one shall be from private

8 life.

9 (D) Two members shall be appointed by the

10 Speaker of the House of Representatives, of whom one

11 shall be a Member of the House and one shall be from

12 private life.

13 (E) Two members shall be appointed by the Mi14 nority Leader of the House of Representatives, of

15 whom one shall be a Member of the House and one

16 shall be from private life.

17 (2) The members of Commission appointed from pri18 vate life under paragraph (1) shall be persons of dem19 onstrated ability and accomplishment in government, busi20 ness, law, academe, journalism, or other profession, who

21 have a substantial background in national security matters.

22 (b) CHAIRMAN.—The President shall designate one of

23 the members appointed from private life to serve as Chair24 man of the Commission.
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1 (c) PERIOD OF APPOINTMENT; VACANCIES.—Members

2 shall be appointed for the life of the Commission. Any va3 cancy in the Commission shall not affect its powers but

4 shall be filled in the same manner as the original appoint5 ment.

6 (d) DEADLINE FOR APPOINTMENTS.—The appoint7 ments required by section subsection (a) shall be made with8 in 45 days after the date of enactment of this Act.

9 (e) MEETINGS.—(1) The Commission shall meet at the

10 call of the Chairman.

11 (2) The Commission shall hold its first meeting not

12 later than four months after the date of enactment of this

13 Act.

14 (f) QUORUM.—Nine members of the Commission shall

15 constitute a quorum, but a lesser number of members may

16 hold hearings, take testimony, or receive evidence.

17 (g) SECURITY CLEARANCES.—Appropriate security

18 clearances shall be required for members of the Commission

19 who are private United States citizens. Such clearances

20 shall be processed and completed on an expedited basis by

21 appropriate elements of the executive branch of Government

22 and shall, in any case, be completed within 90 days of the

23 date such members are appointed.
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1 SEC. 803. DUTIES OF THE COMMISSION.

2 (a) IN GENERAL.—It shall be the duty of the Commis3 sion—

4 (1) to review the efficacy and appropriateness of

5 the activities of the United States intelligence commu6 nity in the post-Cold War global environment; and

7 (2) to prepare and transmit the reports described

8 in section 804.

9 (b) IMPLEMENTATION.—In carrying out subsection

10 (a), the Commission shall specifically consider the follow11 ing:

12 (1) What should be the roles and missions of the

13 intelligence community in terms of providing support

14 to the defense and foreign policy establishments.

15 (2) Whether the roles and missions of the intel16 ligence community should extend beyond the tradi17 tional areas of providing support to the defense and

18 foreign policy establishments, and, if so, what areas

19 should be considered legitimate for intelligence collec20 tion and analysis, and whether such areas should in21 clude for example, economic issues, environmental is22 sues, and health issues.

23 (3) What functions, if any, should continue to be

24 assigned the Central Intelligence Agency and what ca25 pabilities should it retain for the future.
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1 (4) Whether the existing organization and man2 agement framework of the Central Intelligence Agency

3 provide the optimal structure for the accomplishment

4 of its mission.

5 (5) Whether existing principles and strategies

6 governing the acquisition and maintenance of intel7 ligence collection capabilities should be retained and

8 what collection capabilities should the Government re9 tain to meet future contingencies.

10 (6) Whether intelligence analysis, as it is cur11 rently structured and executed, adds sufficient value

12 to information otherwise available to the Government

13 to justify its continuation, and, if so, at what level

14 of resources.

15 (7) Whether the existing decentralized system of

16 intelligence analysis results in significant waste or

17 duplication, and, if so, what can be done to correct

18 these deficiencies.

19 (8) Whether the existing arrangements for allo20 cating available resources to accomplish the roles and

21 missions assigned to intelligence agencies are ade22 quate.

23 (9) Whether the existing framework for coordi24 nating among intelligence agencies with respect to in25 telligence collection and analysis and other activities,
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1 including training and operational activities, pro2 vides an optimal structure for such coordination.

3 (10) Whether current personnel policies and

4 practices of intelligence agencies provide an optimal

5 work force to satisfy the needs of intelligence consum6 ers.

7 (11) Whether resources for intelligence activities

8 should continue to be allocated as part of the defense

9 budget or be treated by the President and Congress as

10 a separate budgetary program.

11 (12) Whether the existing levels of resources allo12 cated for intelligence collection or intelligence analy13 sis, or to provide a capability to conduct covert ac14 tions, are seriously at variance with United States

15 needs.

16 (13) Whether there are areas of redundant or

17 overlapping activity or areas where there is evidence

18 of serious waste, duplication, or mismanagement.

19 (14) To what extent, if any, should the budget for

20 United States intelligence activities be publicly dis21 closed.

22 (15) To what extent, if any, should the United

23 States intelligence community collect information

24 bearing upon private commercial activity and the
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1 manner in which such information should be con2 trolled and disseminated.

3 (16) Whether counterintelligence policies and

4 practices are adequate to ensure that employees of in5 telligence agencies are sensitive to security problems,

6 and whether intelligence agencies themselves have ade7 quate authority and capability to address perceived

8 security problems.

9 (17) The manner in which the size, missions, ca10 pabilities, and resources of the United States intel11 ligence community compare to those of the Govern12 ments of the United Kingdom, Canada, Australia,

13 France, Israel, Russia, and Germany.

14 (18) Whether existing collaborative arrangements

15 between the United States and other countries in the

16 area of intelligence cooperation should be maintained

17 and whether such arrangements should be expanded to

18 provide for increased burdensharing.

19 (19) Whether existing arrangements for sharing

20 intelligence with multinational organizations in sup21 port of mutually-shared objectives are adequate.

22 SEC. 804. REPORTS.

23 (a) INITIAL REPORT.—Not later than two months after

24 the first meeting of the Commission, the Commission shall
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1 transmit to the congressional intelligence committees a re2 port setting forth its plan for the work of the Commission.

3 (b) INTERIM REPORTS.—Prior to the submission of the

4 report required by subsection (c), the Commission may issue

5 such interim reports as it finds necessary and desirable.

6 (c) FINAL REPORT.—No later than March 1, 1996, the

7 Commission shall submit to the President and to the con8 gressional intelligence committees a report setting forth the

9 activities, findings, and recommendations of the Commis10 sion, including any recommendations for the enactment of

11 legislation that the Commission considers advisable. To the

12 extent feasible, such report shall be unclassified and made

13 available to the public. Such report shall be supplemented

14 as necessary by a classified report or annex, which shall

15 be provided separately to the President and the congres16 sional intelligence committees.

17 SEC. 805. POWERS.

18 (a) HEARINGS.—The Commission or, at its direction,

19 any panel or member of the Commission, may, for the pur20 pose of carrying out the provisions of this section, hold hear21 ings, sit and act at times and places, take testimony, receive

22 evidence, and administer oaths to the extent that the Com23 mission or any panel or member considers advisable.

24 (b) INFORMATION FROM FEDERAL AGENCIES.—The

25 Commission may secure directly from any intelligence
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1 agency or from any other Federal department or agency

2 any information that the Commission considers necessary

3 to enable the Commission to carry out its responsibilities

4 under this section. Upon request of the Chairman of the

5 Commission, the head of any such department or agency

6 shall furnish such information expeditiously to the Commis7 sion.

8 (c) POSTAL SERVICES.—The Commission may use the

9 United States mails and obtain printing and binding serv10 ices in the same manner and under the same conditions

11 as other departments and agencies of the Federal Govern12 ment.

13 (d) SUBCOMMITTEES.—The Commission may establish

14 panels composed of less than the full membership of the

15 Commission for the purpose of carrying out the Commis16 sion’s duties. The actions of each such panel shall be subject

17 to the review and control of the Commission. Any findings

18 and determinations made by such a panel shall not be con19 sidered the findings and determinations of the Commission

20 unless approved by the Commission.

21 (e) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMIS22 SION.—Any member or agent of the Commission may, if

23 authorized by the Commission, take any action which the

24 Commission is authorized to take under this title.
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1 SEC. 806. PERSONNEL MATTERS.

2 (a) COMPENSATION OF MEMBERS.—Each member of

3 the Commission who is a private United States citizen shall

4 be paid at a rate equal to the daily equivalent of the annual

5 rate of basic pay payable for level V of the Executive Sched6 ule under section 5316 of title 5, United States Code, for

7 each day (including travel time) during which the member

8 is engaged in the performance of the duties of the Commis9 sion. All members of the Commission who are Members of

10 Congress shall serve without compensation in addition to

11 that received for their services as Members of Congress.

12 (b) TRAVEL EXPENSES.—Each member of the Com13 mission shall be allowed travel expenses, including per diem

14 in lieu of subsistence, at rates authorized for employees of

15 agencies under subchapter I of chapter 57 of title 5, United

16 States Code, while away from their homes or regular places

17 of business in the performance of services for the Commis18 sion.

19 (c) STAFF.—

20 (1) IN GENERAL.—The Chairman of the Com21 mission may, without regard to the provisions of title

22 5, United States Code, governing appointments in the

23 competitive service, appoint a staff director and such

24 additional personnel as may be necessary to enable

25 the Commission to perform its duties. The appoint26 ment of a staff director shall be subject to the ap-
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1 proval of the Commission. No member of the staff

2 shall be a current officer or employee of the intel3 ligence community.

4 (2) COMPENSATION.—The Chairman of the Com5 mission may fix the pay of the staff director and

6 other personnel without regard to the provisions of

7 chapter 51 and subchapter III of chapter 53 of title

8 5, United States Code, relating to classification of po9 sitions and General Schedule pay rates, except that

10 the rate of pay fixed under this paragraph for the

11 staff director may not exceed the rate payable for level

12 V of the Executive Schedule under section 5316 of

13 such title and the rate of pay for other personnel may

14 not exceed the maximum rate payable for grade GS–

15 15 of the General Schedule.

16 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon re17 quest of the Chairman of the Commission, the head of any

18 Federal department or agency may detail, on a non-reim19 bursable basis, any personnel of that department or agency

20 to the Commission to assist it in carrying out its adminis21 trative and clerical functions, except that no person shall

22 be detailed to the staff of the Commission who is an officer

23 or employee of an intelligence agency.

24 (e) PROCUREMENT OF TEMPORARY AND INTERMIT25 TENT SERVICES.—The Chairman of the Commission may
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1 procure temporary and intermittent services under section

2 3109(b) of title 5, United States Code, at rates for individ3 uals which do not exceed the daily equivalent of the annual

4 rate of basic pay payable for level V of the Executive Sched5 ule under section 5316 of such title.

6 (f) ADMINISTRATIVE AND SUPPORT SERVICES.—The

7 Director of Central Intelligence shall furnish the Commis8 sion, on a non-reimbursable basis, any administrative and

9 support services requested by the Commission consistent

10 with this title.

11 SEC. 807. PAYMENT OF COMMISSION EXPENSES.

12 The compensation, travel expenses, per diem allow13 ances of members and employees of the Commission, and

14 other expenses of the Commission shall be paid out of funds

15 available to the Director of Central Intelligence for the pay16 ment of compensation, travel allowances, and per diem al17 lowances, respectively, of employees of the Central Intel18 ligence Agency.

19 SEC. 808. TERMINATION OF THE COMMISSION.

20 The Commission shall terminate one month after the

21 date of the submission of the report required by section

22 804(c).

23 SEC. 809. DEFINITIONS.

24 For purposes of this title—
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1 (1) the term ‘‘intelligence agency’’ means any

2 agency, office, or element of the intelligence commu3 nity;

4 (2) the term ‘‘intelligence community’’ shall have

5 the same meaning as set forth in section 3(4) of the

6 National Security Act of 1947 (50 U.S.C. 401a(4));

7 and

8 (3) the term ‘‘congressional intelligence commit9 tees’’ refers to the Select Committee on Intelligence of

10 the Senate and the Permanent Select Committee on

11 Intelligence of the House of Representatives.

Attest:

Secretary.
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