H. R. 4299

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To authorize appropriations for fiscal year 1995 for intelligence and intelligencerelated activities of the United States Government, the Community Management

Account, and the Central Intelligence Agency Retirement and Disability System,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence

Authorization Act for Fiscal Year 1995’’.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title and table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations. Sec. 102. Classified schedule of authorizations.

Sec. 103. Community management account.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by law.

Sec. 302. Restriction on conduct of intelligence activities.

Sec. 303. Intelligence community contracting.

Sec. 304. Repeal of restriction on intelligence cooperation with South Africa.

Sec. 305. Report regarding mandatory retirement for expiration of time in class.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

Sec. 401. Illness or injury requiring hospitalization.

Sec. 402. Inspector General of the Central Intelligence Agency.

Sec. 403. Advanced information presentation project.

TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Central Imagery Office.

Sec. 502. Exception to public availability of certain Department of Defense maps,

charts, and geodetic data.

Sec. 503. Disclosure of governmental affiliation by Department of Defense intelligence personnel outside of the United States.

Sec. 504. Exception from authority for obligation of certain unauthorized fiscal year

1994 Defense appropriations.

TITLE VI—CONSTRUCTION OF FACILITIES FOR THE INTELLIGENCE

COMMUNITY

Sec. 601. Limitations on funding of the National Reconnaissance Office. Sec. 602. Limitation on construction of facilities to be used primarily by the intelligence community.
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Sec. 603. Identification of constituent components of base intelligence budget. Sec. 604. Definitions.

TITLE VII—CLASSIFICATION MANAGEMENT

Sec. 701. Classification and declassification of information.

Sec. 702. Declassification plan.

TITLE VIII—COUNTERINTELLIGENCE AND SECURITY

Sec. 801. Short title.

Sec. 802. Access to classified information.

Sec. 803. Rewards for information concerning espionage. Sec. 804. Criminal forfeiture for violation of certain espionage laws. Sec. 805. Denial of annuities or retired pay to persons convicted of espionage in foreign courts involving United States information. Sec. 806. Postemployment assistance for certain terminated intelligence employees

of the Department of Defense. Sec. 807. Providing a court order process for physical searches undertaken for foreign intelligence purposes. Sec. 808. Lesser criminal offense for unauthorized removal of classified documents.

Sec. 809. Reports on foreign industrial espionage. Sec. 810. Counternarcotics targets funding. Sec. 811. Coordination of counterintelligence activities.

TITLE IX—COMMISSION ON THE ROLES AND CAPABILITIES OF THE

UNITED STATES INTELLIGENCE COMMUNITY

Sec. 901. Establishment.

Sec. 902. Composition and qualifications. Sec. 903. Duties of the Commission.

Sec. 904. Reports. Sec. 905. Powers.

Sec. 906. Personnel matters.

Sec. 907. Payment of Commission expenses.

Sec. 908. Termination of the Commission.

Sec. 909. Definitions.

TITLE I—INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

1995 for the conduct of the intelligence and intelligence-related

activities of the following elements of the United States Government:

(1) The Central Intelligence Agency.

(2) The Department of Defense.

(3) The Defense Intelligence Agency.

(4) The National Security Agency.

(5) The National Reconnaissance Office.

(6) The Department of the Army, the Department of the

Navy, and the Department of the Air Force. (7) The Department of State.

(8) The Department of the Treasury.

(9) The Department of Energy.

(10) The Federal Bureau of Investigation.

(11) The Drug Enforcement Administration.

(12) The Central Imagery Office.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.—

The amounts authorized to be appropriated under section 101,

and the authorized personnel ceilings as of September 30, 1995,

for the conduct of the intelligence and intelligence-related activities

of the elements listed in such section, are those specified in the

classified Schedule of Authorizations prepared to accompany the
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conference report on the bill H.R. 4299 of the One Hundred Third

Congress.

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—The Schedule of Authorizations shall be made available

to the Committees on Appropriations of the Senate and House

of Representatives and to the President. The President shall provide

for suitable distribution of the Schedule, or of appropriate portions

of the Schedule, within the executive branch.

SEC. 103. COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for the Community Management Account of

the Director of Central Intelligence for fiscal year 1995 the sum

of $86,900,000. Within such amounts authorized, funds identified

in the classified Schedule of Authorizations referred to in section

102(a) for the Advanced Research and Development Committee

and the Environmental Task Force shall remain available until

September 30, 1996.

(b) AUTHORIZED PERSONNEL LEVELS.—The Community Management Account of the Director of Central Intelligence is authorized

241 full-time personnel as of September 30, 1995. Such personnel

of the Community Management Account may be permanent employees of the Community Management Account or personnel detailed

from other elements of the United States Government.

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

employee of the United States or a member of the Armed Forces

who is detailed to the Community Management Staff from another

element of the United States Government shall be detailed on

a reimbursable basis, except that any such officer, employee or

member may be detailed on a nonreimbursable basis for a period

of less than one year for the performance of temporary functions

as required by the Director of Central Intelligence.

TITLE II—CENTRAL INTELLIGENCE

AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 1995

the sum of $198,000,000.

TITLE III—GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS

AUTHORIZED BY LAW.

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased

by such additional or supplemental amounts as may be necessary

for increases in such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this Act shall not be

deemed to constitute authority for the conduct of any intelligence
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activity which is not otherwise authorized by the Constitution or

laws of the United States.

SEC. 303. INTELLIGENCE COMMUNITY CONTRACTING.

It is the sense of Congress that the Director of Central Intelligence should continue to direct that elements of the intelligence

community, whenever compatible with the national security

interests of the United States and consistent with the operational

and security concerns related to the conduct of intelligence activities, and where fiscally sound, should award contracts in a manner

that would maximize the procurement of products properly designated as having been made in the United States.

SEC. 304. REPEAL OF RESTRICTION ON INTELLIGENCE COOPERATION

WITH SOUTH AFRICA.

Section 107 of the Intelligence Authorization Act for Fiscal

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

SEC. 305. REPORT REGARDING MANDATORY RETIREMENT FOR

EXPIRATION OF TIME IN CLASS.

(a) REPORT REQUIRED.—Not later than December 1, 1994, the

Director of Central Intelligence shall submit a report to the committees of Congress specified in subsection (d) on the advisability

of providing for mandatory retirement for expiration of time in

class in a manner comparable to that established by the applicable

provisions of section 607 of the Foreign Service Act of 1980 (22

U.S.C. 4007) for all civilian employees of the Central Intelligence

Agency, the National Security Agency, the Defense Intelligence

Agency, the National Reconnaissance Office, the Central Imagery

Office, and the intelligence elements of the Army, Navy, Air Force,

and Marine Corps.

(b) REQUIRED CONTENTS.—The report required by subsection

(a) shall include—

(1) an assessment of the feasibility of instituting such a

mandatory retirement policy and of alternative means to

achieve the objectives of such a mandatory retirement policy;

(2) an assessment which the Secretary of Defense shall

conduct of the impact of such a mandatory retirement policy

for intelligence community civilian employees on all other

Department of Defense civilian employees; and

(3) any appropriate legislative recommendations.

(c) COORDINATION.—The report required by subsection (a) shall

be coordinated as appropriate with elements of the intelligence

community (as defined in section 3(4) of the National Security

Act of 1947 (50 U.S.C. 401(4)).

(d) COMMITTEES OF CONGRESS.—The committees of Congress

referred to in subsection (a) are the Committees on Armed Services

of the Senate and House of Representatives, the Defense Subcommittees of the Committees on Appropriations of the Senate

and House of Representatives, the Select Committee on Intelligence

of the Senate, and the Permanent Select Committee on Intelligence

of the House of Representatives.
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TITLE IV—CENTRAL INTELLIGENCE

AGENCY

SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITALIZATION.

Section 4(a)(5) of the Central Intelligence Agency Act of 1949

(50 U.S.C. 403(e)(a)) is amended—

(1) in subparagraph (A)—

(A) by striking ‘‘, not the result of vicious habits, intemperance, or misconduct on his part,’’;

(B) by striking ‘‘he shall deem’’ and inserting ‘‘the

Director deems’’;

(C) by striking ‘‘section 10 of the Act of March 3,

1933 (47 Stat. 1516; 5 U.S.C. 73b)’’ and inserting ‘‘section

5731 of title 5, United States Code’’;

(D) by striking ‘‘his recovery’’ and inserting ‘‘the recovery of such officer or employee’’; and

(E) by striking ‘‘his return to his post’’ and inserting

‘‘the return to the post of duty of such officer or employee’’;

(2) in subparagraph (B), by striking ‘‘his opinion’’ both

places it appears and inserting ‘‘the opinion of the Director’’;

and

(3) in subparagraph (C), by striking ‘‘, not the result of

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

SEC. 402. INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE

AGENCY.

Section 17 of the Central Intelligence Agency Act of 1949 (50

U.S.C. 403q) is amended—

(1) in subsection (b)(1)—

(A) by striking ‘‘or’’ after ‘‘analysis,’’; and

(B) by striking the period at the end thereof and inserting ‘‘, or auditing.’’;

(2) in subsection (c)(1), by striking ‘‘to conduct’’ and

inserting ‘‘to plan, conduct’’;

(3) in subsection (d)(1)—

(A) by striking ‘‘June 30 and December 31’’ and inserting ‘‘January 31 and July 31’’;

(B) by striking ‘‘period.’’ at the end of the first sentence

and inserting ‘‘periods ending December 31 (of the preceding year) and June 30, respectively.’’; and

(C) by inserting ‘‘of receipt of such reports’’ after ‘‘thirty

days’’;

(4) in subsection (d)(3)(C), by inserting ‘‘inspection, or

audit,’’ after ‘‘investigation,’’;

(5) in subsection (d)(4), by inserting ‘‘or findings and recommendations’’ after ‘‘report’’; and

(6) in subsection (e)(6)—

(A) by striking ‘‘it is the sense of Congress that’’; and

(B) by striking ‘‘should’’ and inserting ‘‘shall’’.

SEC. 403. ADVANCED INFORMATION PRESENTATION PROJECT.

Of the funds made available under this Act, the Director of

Central Intelligence is authorized during fiscal year 1995 to expend

not more than $3,000,000 to develop products to demonstrate multimedia and graphical data interface techniques on topics of general

interest to policy makers and the public. The products shall utilize
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unclassified Government information, augmented if appropriate by

commercially available information, and the project shall be limited

to the development of not more than six products. In carrying

out this section, the Director may acquire commercially available

technology. Not later than August 1, 1995, the Director shall submit

the products developed under this section to the Permanent Select

Committee on Intelligence of the House of Representatives and

the Select Committee on Intelligence of the Senate.

TITLE V—DEPARTMENT OF DEFENSE

INTELLIGENCE ACTIVITIES

SEC. 501. CENTRAL IMAGERY OFFICE.

(a) AMENDMENTS OF THE NATIONAL SECURITY ACT OF 1947.—

(1) Section 3(4)(E) of the National Security Act of 1947 (50 U.S.C.

401a(4)(E)) is amended by striking out ‘‘the central imagery authority within the Department of Defense’’ and inserting in lieu thereof

‘‘the Central Imagery Office’’. (2) Section 105(b)(2) of such Act (50 U.S.C. 403–5(b)(2)) is

amended by striking out ‘‘a central imagery authority’’ and inserting

in lieu thereof ‘‘the Central Imagery Office’’.

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

(A) in the subsection caption, by striking out ‘‘CENTRAL

IMAGERY AUTHORITY’’ and inserting in lieu thereof ‘‘CENTRAL

IMAGERY OFFICE’’; and

(B) by striking out ‘‘central imagery authority’’ and inserting in lieu thereof ‘‘Central Imagery Office’’.

(b) TITLE 10, UNITED STATES CODE.—(1) Chapter 83 of title

10, United States Code, is amended as follows:

(A) By amending the heading of the chapter to read as

follows:

‘‘CHAPTER 83—DEFENSE INTELLIGENCE AGENCY AND

CENTRAL IMAGERY OFFICE CIVILIAN PERSONNEL’’.

(B) In section 1601—

(i) by inserting ‘‘and the Central Imagery Office’’ after

‘‘Defense Intelligence Agency’’ in subsection (a);

(ii) by inserting ‘‘or the Central Imagery Office’’ after

‘‘outside the Defense Intelligence Agency’’ and inserting

‘‘, the Central Imagery Office,’’ after ‘‘to the Defense Intelligence Agency’’ in subsection (d); and

(iii) by inserting ‘‘and the Central Imagery Office’’ after

‘‘Defense Intelligence Agency’’ in subsection (e).

(C) In section 1602, by inserting ‘‘and Central Imagery

Office’’ after ‘‘Defense Intelligence Agency’’. (D) In section 1604—

(i) by inserting ‘‘and the Central Imagery Office,’’ after ‘‘Defense Intelligence Agency’’ in subsection (a)(1); (ii) by inserting ‘‘or the Central Imagery Office’’ after

‘‘Defense Intelligence Agency’’ in both places it occurs in

the second sentence of subsection (b);

(iii) by inserting ‘‘or the Central Imagery Office’’ after

‘‘Defense Intelligence Agency’’ in subsection (c);

(iv) by inserting ‘‘and the Central Imagery Office’’ after

‘‘Defense Intelligence Agency’’ in subsection (d);
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(v) by inserting ‘‘or the Central Imagery Office’’ after

‘‘Defense Intelligence Agency’’ in subsection (e)(1); and

(vi) in subsection (e)(3)—

(I) by amending the first sentence to read as follows: ‘‘The Secretary of Defense may delegate authority

under this subsection only to the Deputy Secretary

of Defense, the Director of the Defense Intelligence

Agency, the Director of the Central Imagery Office,

or all three.’’; and

(II) by striking ‘‘either’’ and inserting ‘‘any’’.

(2) The items relating to chapter 83 in the tables of chapters

at the beginning of subtitle A, and at the beginning of part II

of subtitle A, of title 10, United States Code, are amended to

read as follows:

‘‘83. Defense Intelligence Agency and Central Imagery Office Civilian Personnel .............................................................................................................. 1601’’.

(c) CHAPTER 23 OF TITLE 5.—Section 2302(a)(2)(C)(ii) of title

5, United States Code, is amended by inserting ‘‘the Central

Imagery Office,’’ after ‘‘Defense Intelligence Agency,’’.

(d) CHAPTER 31 OF TITLE 5.—Section 3132(a)(1)(B) of title 5,

United States Code, is amended by inserting ‘‘the Central Imagery

Office,’’ after ‘‘Defense Intelligence Agency,’’.

(e) CHAPTER 43 OF TITLE 5.—Section 4301(1)(B)(ii) of title 5,

United States Code, is amended by inserting ‘‘the Central Imagery

Office,’’ after ‘‘Defense Intelligence Agency,’’.

(f) CHAPTER 47 OF TITLE 5.—Section 4701(a)(1)(B) of title 5,

United States Code, is amended by inserting ‘‘the Central Imagery

Office,’’ after ‘‘Defense Intelligence Agency,’’.

(g) CHAPTER 51 OF TITLE 5.—Section 5102(a)(1) of title 5, United

States Code, is amended—

(1) by striking ‘‘or’’ at the end of clause (ix);

(2) by striking the period at the end of clause (x) and

inserting ‘‘; or’’; and

(3) by adding at the end the following:

‘‘(xi) the Central Imagery Office, Department of

Defense.’’.

(h) CHAPTER 51 OF TITLE 5.—Section 5342(a)(1) of title 5, United

States Code, is amended—

(1) by striking ‘‘or’’ at the end of subparagraph (J);

(2) by inserting ‘‘or’’ after the semicolon at the end of

subparagraph (K); and

(3) by adding at the end the following:

‘‘(L) the Central Imagery Office, Department of

Defense;’’.

(i) ADDITIONAL LEAVE TRANSFER PROGRAMS.—(1) Section

6339(a)(1) of title 5, United States Code, is amended—

(A) by striking ‘‘and’’ at the end of subparagraph (D);

(B) by redesignating subparagraph (E) as subparagraph

(F); and

(C) by inserting after subparagraph (D) the following new

subparagraph (E):

‘‘(E) the Central Imagery Office; and’’.

(2) Section 6339(a)(2) of such title is amended—

(A) by striking ‘‘and’’ at the end of subparagraph (D);

(B) by redesignating subparagraph (E) as subparagraph

(F);
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(C) by inserting after subparagraph (D) the following new subparagraph (E): ‘‘(E) with respect to the Central Imagery Office, the Director of the Central Imagery Office; and’’; and

(D) in subparagraph (F), as redesignated by subparagraph (B) of this paragraph, by striking ‘‘paragraph (1)(E)’’ and inserting ‘‘paragraph (1)(F)’’ both places it appears.

(j) CHAPTER 71 OF TITLE 5.—Section 7103(a)(3) of title 5, United

States Code, is amended—

(1) by striking ‘‘or’’ at the end of subparagraph (F);

(2) by inserting ‘‘or’’ at the end of subparagraph (G); and

(3) by adding at the end the following: ‘‘(H) the Central Imagery Office;’’. (k) CHAPTER 73 OF TITLE 5.—Section 7323(b)(2)(B)(i) of title

5, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of subclause (XI); and

(2) by adding at the end the following: ‘‘(XIII) the Central Imagery Office; or’’. (l) CHAPTER 75 OF TITLE 5.—Section 7511(b)(8) of title 5, United

States Code, is amended by inserting ‘‘the Central Imagery Office,’’

after ‘‘Defense Intelligence Agency,’’. (m) ETHICS IN GOVERNMENT ACT OF 1978.—Section 105(a)(1)

of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended

by inserting ‘‘the Central Imagery Office,’’ after ‘‘Defense Intelligence Agency,’’. (n) EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988.—Section

7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988 (29

U.S.C. 2006(b)(2)(A)(i)) is amended by inserting ‘‘the Central

Imagery Office,’’ after ‘‘Defense Intelligence Agency,’’.

SEC. 502. EXCEPTION TO PUBLIC AVAILABILITY OF CERTAIN DEPARTMENT OF DEFENSE MAPS, CHARTS, AND GEODETIC DATA.

Section 2796(b)(1) of title 10, United States Code, is amended

by inserting ‘‘jeopardize or interfere with ongoing military or intelligence operations or’’ in subparagraph (C) after ‘‘disclosed,’’.

SEC. 503. DISCLOSURE OF GOVERNMENTAL AFFILIATION BY DEPARTMENT OF DEFENSE INTELLIGENCE PERSONNEL OUTSIDE

OF THE UNITED STATES.

(a) IN GENERAL.—Notwithstanding section 552a(e)(3) of title 5, United States Code, intelligence personnel of the Department

of Defense who are authorized by the Secretary of Defense to

collect intelligence from human sources shall not be required, when

making an initial assessment contact outside the United States,

to give notice of governmental affiliation to potential sources who

are United States persons. (b) RECORDS.—Records concerning such contacts shall be main- tained by the Department of Defense and made available upon

request to the appropriate committees of the Congress in accordance

with applicable security procedures. Such records shall include for

each such contact an explanation of why notice of government

affiliation could not reasonably be provided, the nature of the

information obtained from the United States person as a result

of the contact, and whether additional contacts resulted with the

person concerned.

(c) DEFINITIONS.—For the purposes of this section—

(1) the term ‘‘United States’’ includes the Commonwealth

of Puerto Rico, the Commonwealth of the Northern Mariana
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Islands, and any territory or possession of the United States;

and

(2) the term ‘‘United States person’’ means any citizen,

national, or permanent resident alien of the United States.

SEC. 504. EXCEPTION FROM AUTHORITY FOR OBLIGATION OF CERTAIN UNAUTHORIZED FISCAL YEAR 1994 DEFENSE APPROPRIATIONS.

Section 1006 of the National Defense Authorization Act for

Fiscal Year 1995 shall not apply to amounts which remain available

for obligation on the date of the enactment of this Act for national

foreign intelligence programs, projects, and activities.

TITLE VI—CONSTRUCTION OF FACILITIES FOR THE INTELLIGENCE COMMUNITY

SEC. 601. LIMITATIONS ON FUNDING OF THE NATIONAL RECONNAISSANCE OFFICE.

(a) REVIEW OF PROJECT; COMPLIANCE WITH DOD PROCUREMENT

AND CONTRACTING PROCEDURES.—

(1) IN GENERAL.—Of the funds authorized to be made available by this Act for the National Reconnaissance Office under

the classified Schedule of Authorizations referred to in section

102—

(A) $50,000,000 out of the Miscellaneous Support

account of the Mission Support Consolidated Expenditure

Center may not be obligated or expended until the Director

of Central Intelligence and the Secretary of Defense have

completed a review of the National Reconnaissance Office

Headquarters Building project and the results of such

review have been disclosed to the intelligence committees;

and

(B) no such funds authorized to be made available

by this Act may be obligated or expended for the purchase

of any real property, or to contract for any construction

or acquisition, in connection with the construction of buildings or facilities, unless (and to the extent that)—

(i) such purchase or contract is made or entered

into in accordance with the policies and procedures

applicable to other elements of the Department of

Defense; or

(ii) the President determines that the national

security interest of the United States requires that

such policies and procedures shall not apply to a

particular purchase or contract and reports such determination in accordance with subsection (b).

(2) APPLICATION OF PROVISIONS.—Paragraph (1)(B) shall

not apply to contracts made or entered into for the purchase

of real property, or for construction or acquisition, before the

date of enactment of this Act.

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

a determination under subsection (a)(1)(B)(ii), the President shall

report in writing the determination to the intelligence committees.
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(c) SPECIFIC AUTHORIZATION AND APPROPRIATIONS REQUIRED.—

Except to the extent and in the amounts specifically provided in

an Act authorizing appropriations, in an appropriation Act, or in

accordance with established reprogramming procedures, no funds

made available under any provision of law may be obligated or

expended for the construction of the National Reconnaissance Office

Headquarters Building project if such funds would cause the total

amount obligated or expended for such project to exceed

$310,000,000.

(d) DEFINITION.—As used in this section, the term ‘‘National

Reconnaissance Office Headquarters Building project’’ means the

project for the headquarters buildings of the National Reconnaissance Office, situated at the so-called Westfields site, and includes

all construction and improvement of facilities (including ‘‘fit up’’)

and all actions related to the acquisition of land, communications,

computers, furniture and other building furnishings, and vehicle

parking facilities.

SEC. 602. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED

PRIMARILY BY THE INTELLIGENCE COMMUNITY.

(a) IN GENERAL.—

(1) IN GENERAL.—Except as provided in subsection (b), no

project for the construction of any facility to be used primarily

by personnel of any component of the intelligence community

which has an estimated Federal cost in excess of $750,000

may be undertaken in any fiscal year unless such project is

specifically identified as a separate item in the President’s

annual fiscal year budget request and is specifically authorized

by the Congress. (2) NOTIFICATION.—In the case of a project for the construction of any facility to be used primarily by personnel of any

component of the intelligence community which has an estimated Federal cost greater than $500,000 but less than

$750,000, or where any improvement project to such a facility

has an estimated Federal cost greater than $500,000, the Director of Central Intelligence shall submit a notification to the

intelligence committees specifically identifying such project.

(b) EXCEPTION.— (1) IN GENERAL.—Notwithstanding subsection (a) but sub- ject to paragraphs (2) and (3), a project for the construction

of a facility to be used primarily by personnel of any component

of the intelligence community may be carried out if the Secretary of Defense and the Director of Central Intelligence jointly

determine—

(A) that the project is vital to the national security

or to the protection of health, safety, or the quality of

the environment, and

(B) that the requirement for the project is so urgent

that deferral of the project for inclusion in the next Act

authorizing appropriations for the intelligence community

would be inconsistent with national security or the protection of health, safety, or environmental quality, as the

case may be.

(2) REPORT.—When a decision is made to carry out a

construction project under this subsection, the Secretary of

Defense and the Director of Central Intelligence jointly shall

submit a report in writing to the appropriate committees of
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Congress on that decision. Each such report shall include (A)

the justification for the project and the current estimate of

the cost of the project, (B) the justification for carrying out

the project under this subsection, and (C) a statement of the

source of the funds to be used to carry out the project. The

project may then be carried out only after the end of the

21-day period beginning on the date the notification is received

by such committees.

(3) PROJECTS PRIMARILY FOR CIA.—If a project referred to

in paragraph (1) is primarily for the Central Intelligence

Agency, the Director of Central Intelligence shall make the

determination and submit the report required by paragraphs

(1) and (2).

(4) LIMITATION.—A project carried out under this subsection

shall be carried out within the total amount of funds appropriated for intelligence and intelligence-related activities that

have not been obligated.

(c) APPLICATION.—This section shall not apply to any project

which is subject to subsection (a)(1)(A) or (c) of section 601.

SEC. 603. IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE

INTELLIGENCE BUDGET.

The Director of Central Intelligence shall include the same

level of budgetary detail for the Base Budget that is provided

for Ongoing Initiatives and New Initiatives to the Permanent Select

Committee on Intelligence of the House of Representatives and

the Select Committee on Intelligence of the Senate in the congressional justification materials for the annual submission of the

National Foreign Intelligence Program of each fiscal year.

SEC. 604. DEFINITIONS.

As used in this title:

(1) INTELLIGENCE COMMITTEES.—The term ‘‘intelligence

committees’’ means the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. (2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence

community’’ has the same meaning given that term in section

3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

TITLE VII—CLASSIFICATION

MANAGEMENT

SEC. 701. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

(a) IN GENERAL.—Not later than 90 days after the date of

enactment of this Act, the President shall, by Executive order,

provide for the classification and declassification of information.

It is the sense of Congress that the Executive order should provide

for the following:

(1) The qualification of information for classification only

when its public disclosure would cause identifiable damage

to the national security.

(2) The declassification of information if the appropriate

authority within the Executive branch determines that the

Government’s interest in continuing to protect such information
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is outweighed by the public’s interest in having the information

made available.

(3) The automatic declassification of information that is

more than 25 years old unless such information is within a

category designated by the President as requiring documentby-document review to identify that information whose disclosure to unauthorized persons would clearly damage the national

security.

(b) SUBMISSION TO CONGRESS; EFFECTIVE DATE.—The Executive

order referred to in subsection (a) may not take effect until after

30 days after the date on which such proposed Executive order

is submitted to the Permanent Select Committee on Intelligence

and the Committee on Government Operations of the House of

Representatives and the Select Committee on Intelligence and the

Committee on Governmental Affairs of the Senate.

SEC. 702. DECLASSIFICATION PLAN.

Each agency of the National Foreign Intelligence Program to

which is appropriated more than $1,000,000 in the security, countermeasures, and related activities structural category for fiscal year

1995 shall allocate at least two percent of its total expenditure

in this structural category for fiscal year 1995 to the classification

management consolidated expenditure center, to be used for the

following activities:

(1) Development of a phased plan to implement declassification guidelines contained in the Executive order which replaces

Executive Order 12356. Each such agency shall provide the

plan to Congress within 90 days after the beginning of fiscal

year 1995 or 90 days after the publication of such replacement

Executive order, whichever is later. This plan shall include

an accounting of the amount of archived material, levels of

classification, types of storage media and locations, review

methods to be employed, and estimated costs of the declassification activity itself; as well as an assessment by the agency

of the appropriate types and amounts of information to be

maintained in the future, how it will be stored, safeguarded,

and reviewed, and the projected costs of these classification

management activities for the succeeding five years.

(2) Commencement of the process of declassification and

reduction of the amount of archived classified documents maintained by each agency.

(3) Submission of a report to the Permanent Select Committee on Intelligence of the House of Representatives and the

Select Committee on Intelligence of the Senate within 90 days

after the end of fiscal year 1995 on the progress made in

carrying out paragraph (2), with reference to the plan required

by paragraph (1).

TITLE VIII—COUNTERINTELLIGENCE

AND SECURITY

SEC. 801. SHORT TITLE.

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

Enhancements Act of 1994’’.
H. R. 4299—13

SEC. 802. ACCESS TO CLASSIFIED INFORMATION.

(a) AMENDMENT OF THE NATIONAL SECURITY ACT OF 1947.—

The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended

by adding at the end the following new title:

‘‘TITLE VIII—ACCESS TO CLASSIFIED INFORMATION

‘‘PROCEDURES

‘‘SEC. 801. (a) Not later than 180 days after the date of enactment of this title, the President shall, by Executive order or regulation, establish procedures to govern access to classified information

which shall be binding upon all departments, agencies, and offices

of the executive branch of Government. Such procedures shall,

at a minimum—

‘‘(1) provide that, except as may be permitted by the President, no employee in the executive branch of Government may

be given access to classified information by any department,

agency, or office of the executive branch of Government unless,

based upon an appropriate background investigation, such

access is determined to be clearly consistent with the national

security interests of the United States;

‘‘(2) establish uniform minimum requirements governing

the scope and frequency of background investigations and

reinvestigations for all employees in the executive branch of

Government who require access to classified information as

part of their official responsibilities;

‘‘(3) provide that all employees in the executive branch

of Government who require access to classified information

shall be required as a condition of such access to provide

to the employing department or agency written consent which

permits access by an authorized investigative agency to relevant

financial records, other financial information, consumer reports,

and travel records, as determined by the President, in accordance with section 802 of this title, during the period of access

to classified information and for a period of three years thereafter;

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

of Government who require access to particularly sensitive

classified information, as determined by the President, shall

be required, as a condition of maintaining access to such

information, to submit to the employing department or agency,

during the period of such access, relevant information concerning their financial condition and foreign travel, as determined

by the President, as may be necessary to ensure appropriate

security; and

‘‘(5) establish uniform minimum standards to ensure that

employees in the executive branch of Government whose access

to classified information is being denied or terminated under

this title are appropriately advised of the reasons for such

denial or termination and are provided an adequate opportunity

to respond to all adverse information which forms the basis

for such denial or termination before final action by the department or agency concerned.

‘‘(b)(1) Subsection (a) shall not be deemed to limit or affect

the responsibility and power of an agency head pursuant to other

law or Executive order to deny or terminate access to classified
H. R. 4299—14

information if the national security so requires. Such responsibility

and power may be exercised only when the agency head determines

that the procedures prescribed by subsection (a) cannot be invoked

in a manner that is consistent with the national security.

‘‘(2) Upon the exercise of such responsibility, the agency head

shall submit a report to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee

on Intelligence of the Senate.

‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES

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

request from any financial agency, financial institution, or holding

company, or from any consumer reporting agency, such financial

records, other financial information, and consumer reports as may

be necessary in order to conduct any authorized law enforcement

investigation, counterintelligence inquiry, or security determination.

Any authorized investigative agency may also request records maintained by any commercial entity within the United States pertaining

to travel by an employee in the executive branch of Government

outside the United States.

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

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

was an employee in the executive branch of Government

required by the President in an Executive order or regulation,

as a condition of access to classified information, to provide

consent, during a background investigation and for such time

as access to the information is maintained, and for a period

of not more than three years thereafter, permitting access

to financial records, other financial information, consumer

reports, and travel records; and

‘‘(B)(i) there are reasonable grounds to believe, based on

credible information, that the person is, or may be, disclosing

classified information in an unauthorized manner to a foreign

power or agent of a foreign power;

‘‘(ii) information the employing agency deems credible

indicates the person has incurred excessive indebtedness or

has acquired a level of affluence which cannot be explained

by other information known to the agency; or

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

and opportunity to disclose classified information which is

known to have been lost or compromised to a foreign power

or an agent of a foreign power.

‘‘(3) Each such request—

‘‘(A) shall be accompanied by a written certification signed

by the department or agency head or deputy department or

agency head concerned, or by a senior official designated for

this purpose by the department or agency head concerned

(whose rank shall be no lower than Assistant Secretary or

Assistant Director), and shall certify that—

‘‘(i) the person concerned is or was an employee within the meaning of paragraph (2)(A); ‘‘(ii) the request is being made pursuant to an authorized inquiry or investigation and is authorized under this

section; and

‘‘(iii) the records or information to be reviewed are

records or information which the employee has previously
H. R. 4299—15

agreed to make available to the authorized investigative

agency for review;

‘‘(B) shall contain a copy of the agreement referred to

in subparagraph (A)(iii);

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

or information to be reviewed; and

‘‘(D) shall inform the recipient of the request of the prohibition described in subsection (b).

‘‘(b) Notwithstanding any other provision of law, no governmental or private entity, or officer, employee, or agent of such

entity, may disclose to any person, other than those officers, employees, or agents of such entity necessary to satisfy a request made

under this section, that such entity has received or satisfied a

request made by an authorized investigative agency under this

section.

‘‘(c)(1) Notwithstanding any other provision of law (other than

section 6103 of the Internal Revenue Code of 1986), an entity

receiving a request for records or information under subsection

(a) shall, if the request satisfies the requirements of this section,

make available such records or information within 30 days for

inspection or copying, as may be appropriate, by the agency requesting such records or information.

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

thereof) that discloses records or information for inspection or copying pursuant to this section in good faith reliance upon the certifications made by an agency pursuant to this section shall not be

liable for any such disclosure to any person under this title, the

constitution of any State, or any law or regulation of any State

or any political subdivision of any State.

‘‘(d) Any agency requesting records or information under this

section may, subject to the availability of appropriations, reimburse

a private entity for any cost reasonably incurred by such entity

in responding to such request, including the cost of identifying,

reproducing, or transporting records or other data.

‘‘(e) An agency receiving records or information pursuant to

a request under this section may disseminate the records or

information obtained pursuant to such request outside the agency

only—

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

subject of the records or information;

‘‘(2) to the Department of Justice for law enforcement or

counterintelligence purposes; or

‘‘(3) with respect to dissemination to an agency of the

United States, if such information is clearly relevant to the

authorized responsibilities of such agency.

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

authority of an investigative agency to obtain information pursuant

to the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.)

or the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

‘‘EXCEPTIONS

‘‘SEC. 803. Except as otherwise specifically provided, the provisions of this title shall not apply to the President and Vice President,

Members of the Congress, Justices of the Supreme Court, and

Federal judges appointed by the President.
H. R. 4299—16

‘‘DEFINITIONS

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

‘‘(1) the term ‘authorized investigative agency’ means an

agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are

proposed for access to classified information to ascertain

whether such persons satisfy the criteria for obtaining and

retaining access to such information;

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

that has been determined pursuant to Executive Order No.

12356 of April 2, 1982, or successor orders, or the Atomic

Energy Act of 1954, to require protection against unauthorized

disclosure and that is so designated;

‘‘(3) the term ‘consumer reporting agency’ has the meaning

given such term in section 603 of the Consumer Credit Protection Act (15 U.S.C. 1681a);

‘‘(4) the term ‘employee’ includes any person who receives

a salary or compensation of any kind from the United States

Government, is a contractor of the United States Government

or an employee thereof, is an unpaid consultant of the United

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

United States Government, except as otherwise determined

by the President;

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

have the meanings given to such terms in section 5312(a)

of title 31, United States Code, and the term ‘holding company’

has the meaning given to such term in section 1101(6) of

the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401);

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

have the same meanings as set forth in sections 101 (a) and

(b), respectively, of the Foreign Intelligence Surveillance Act

of 1978 (50 U.S.C. 1801); and

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

of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern

Mariana Islands, the United States Virgin Islands, Guam,

American Samoa, the Republic of the Marshall Islands, the

Federated States of Micronesia, and the Republic of Palau,

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

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

National Security Act of 1947 is amended by adding 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.’’.

(c) EFFECTIVE DATE.—The amendments made by subsections

(a) and (b) shall take effect 180 days after the date of enactment

of this Act.

SEC. 803. REWARDS FOR INFORMATION CONCERNING ESPIONAGE.

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

is amended—

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

(2) by adding at the end the following new subsection:
H. R. 4299—17

‘‘(b) With respect to acts of espionage involving or directed

at the United States, the Attorney General may reward any individual who furnishes information—

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

of any individual or individuals for commission of an act of

espionage against the United States;

‘‘(2) leading to the arrest or conviction, in any country,

of any individual or individuals for conspiring or attempting

to commit an act of espionage against the United States; or

‘‘(3) leading to the prevention or frustration of an act of

espionage against the United States.’’.

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

(1) by striking ‘‘and’’ at the end of paragraph (6);

(2) by striking the period at the end of paragraph (7)

and inserting ‘‘; and’’; and

(3) by adding at the end the following new paragraph:

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

of—

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

Code; or

‘‘(B) section 4 of the Subversive Activities Control Act

of 1950.’’.

(c) CLERICAL AMENDMENTS.—(1) The item relating to chapter

204 in the table of chapters for part II of such title is amended

to read as follows:

‘‘204. Rewards for information concerning terrorist acts and espionage .......................................................................................................... 3071’’.

(2) The heading for chapter 204 of such title is amended to

read as follows:

‘‘CHAPTER 204—REWARDS FOR INFORMATION

CONCERNING TERRORIST ACTS AND ESPIONAGE’’.

SEC. 804. CRIMINAL FORFEITURE FOR VIOLATION OF CERTAIN ESPIONAGE LAWS.

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

is amended by adding at the end the following new subsection: ‘‘(d)(1) Any person convicted of a violation of this section shall

forfeit to the United States irrespective of any provision of State

law—

‘‘(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result

of such violation; and

‘‘(B) any of the person’s property used, or intended to

be used, in any manner or part, to commit, or to facilitate

the commission of, such violation.

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

conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).

‘‘(3) Except as provided in paragraph (4), the provisions of

subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. 853 (b), (c), and (e)–(p)), shall apply to—

‘‘(A) property subject to forfeiture under this subsection;

‘‘(B) any seizure or disposition of such property; and
H. R. 4299—18

‘‘(C) any administrative or judicial proceeding in relation

to such property,

if not inconsistent with this subsection.

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

deposited in the Crime Victims Fund established under section

1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all

amounts from the forfeiture of property under this subsection

remaining after the payment of expenses for forfeiture and sale

authorized by law.

‘‘(5) As used in this subsection, the term ‘State’ means any

State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands,

and any territory or possession of the United States.’’.

(b) AMENDMENTS FOR CONSISTENCY IN APPLICATION OF FORFEITURE UNDER TITLE 18.—(1) Section 793(h)(3) of such title is amended

in the matter preceding subparagraph (A) by striking out ‘‘(o)’’

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

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

preceding subparagraph (A) by striking out ‘‘(o)’’ each place it

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

(c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Section 4 of the

Subversive Activities Control Act of 1950 (50 U.S.C. 783) is amended

by adding at the end the following new subsection:

‘‘(e)(1) Any person convicted of a violation of this section shall

forfeit to the United States irrespective of any provision of State

law—

‘‘(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result

of such violation; and

‘‘(B) any of the person’s property used, or intended to

be used, in any manner or part, to commit, or to facilitate

the commission of, such violation.

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

conviction of a violation of this section, shall order that the defendant forfeit to the United States all property described in paragraph (1).

‘‘(3) Except as provided in paragraph (4), the provisions of

subsections (b), (c), and (e) through (p) of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. 853 (b), (c), and (e)–(p)) shall apply to—

‘‘(A) property subject to forfeiture under this subsection;

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

‘‘(C) any administrative or judicial proceeding in relation

to such property,

if not inconsistent with this subsection.

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

deposited in the Crime Victims Fund established under section

1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all

amounts from the forfeiture of property under this subsection

remaining after the payment of expenses for forfeiture and sale

authorized by law.

‘‘(5) As used in this subsection, the term ‘State’ means any

State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands,

and any territory or possession of the United States.’’.
H. R. 4299—19

SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PERSONS CONVICTED OF ESPIONAGE IN FOREIGN COURTS INVOLVING

UNITED STATES INFORMATION.

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

adding at the end thereof the following new subsection:

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

within the meaning of such subsections is established if the Attorney General of the United States certifies to the agency administering the annuity or retired pay concerned—

‘‘(A) that an individual subject to this chapter has been

convicted by an impartial court of appropriate jurisdiction

within a foreign country in circumstances in which the conduct

violates the provisions of law enumerated in subsections (b)(1)

and (c)(1), or would violate such provisions had such conduct

taken place within the United States, and that such conviction

is not being appealed or that final action has been taken

on such appeal;

‘‘(B) that such conviction was obtained in accordance with

procedures that provided the defendant due process rights comparable to such rights provided by the United States Constitution, and such conviction was based upon evidence which would

have been admissible in the courts of the United States; and

‘‘(C) that such conviction occurred after the date of enactment of this subsection.

‘‘(2) Any certification made pursuant to this subsection shall

be subject to review by the United States Court of Claims based

upon the application of the individual concerned, or his or her

attorney, alleging that any of the conditions set forth in subparagraphs (A), (B), or (C) of paragraph (1), as certified by the Attorney

General, have not been satisfied in his or her particular circumstances. Should the court determine that any of these conditions

has not been satisfied in such case, the court shall order any

annuity or retirement benefit to which the person concerned is

entitled to be restored and shall order that any payments which

may have been previously denied or withheld to be paid by the

department or agency concerned.’’.

SEC. 806. POSTEMPLOYMENT ASSISTANCE FOR CERTAIN TERMINATED INTELLIGENCE EMPLOYEES OF THE DEPARTMENT

OF DEFENSE.

(a) CONSOLIDATION AND EXTENSION OF AUTHORITY.—

(1) IN GENERAL.—Chapter 81 of title 10, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 1599. Postemployment assistance: certain terminated intelligence employees

‘‘(a) AUTHORITY.—Subject to subsection (c), the Secretary of

Defense may, in the case of any individual who is a qualified

former intelligence employee, use appropriated funds—

‘‘(1) to assist that individual in finding and qualifying for

employment other than in an intelligence component of the

Department of Defense;

‘‘(2) to assist that individual in meeting the expenses of

treatment of medical or psychological disabilities of that individual; and
H. R. 4299—20

‘‘(3) to provide financial support to that individual during

periods of unemployment.

‘‘(b) QUALIFIED FORMER INTELLIGENCE EMPLOYEES.—For purposes of this section, a qualified former intelligence employee is

an individual who was employed as a civilian employee of the

Department of Defense in a sensitive position in an intelligence

component of the Department of Defense—

‘‘(1) who has been found to be ineligible for continued

access to information designated as ‘Sensitive Compartmented

Information’ and employment with the intelligence component;

or

‘‘(2) whose employment with the intelligence component

has been terminated.

‘‘(c) CONDITIONS.—Assistance may be provided to a qualified

former intelligence employee under subsection (a) only if the Secretary determines that such assistance is essential to—

‘‘(1) maintain the judgment and emotional stability of the

qualified former intelligence employee; and

‘‘(2) avoid circumstances that might lead to the unlawful

disclosure of classified information to which the qualified former

intelligence employee had access.

‘‘(d) DURATION OF ASSISTANCE.—Assistance may not be provided

under this section in the case of any individual after the end

of the five-year period beginning on the date of the termination

of the employment of the individual with an intelligence component

of the Department of Defense.

‘‘(e) ANNUAL REPORT.—(1) The Secretary of Defense shall submit to the congressional committees specified in paragraph (2)

an annual report with respect to any expenditure made under

this section.

‘‘(2) The committees referred to in paragraph (1) are the

following:

‘‘(A) The Committees on Armed Services and Appropriations and the Permanent Select Committee on Intelligence of

the House of Representatives.

‘‘(B) The Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate.

‘‘(f) DEFINITION.—In this section, the term ‘intelligence component of the Department of Defense’ means any of the following:

‘‘(1) The National Security Agency.

‘‘(2) The Defense Intelligence Agency.

‘‘(3) The National Reconnaissance Office.

‘‘(4) The Central Imagery Office.

‘‘(5) The intelligence components of any of the military

departments.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

beginning of such chapter is amended by adding at the end

the following new item:

‘‘1599. Postemployment assistance: certain terminated intelligence employees.’’.

(b) REPEAL OF PREDECESSOR AUTHORITY.—

(1) DEFENSE INTELLIGENCE AGENCY.—Paragraph (4) of section 1604(e) of title 10, United States Code, is repealed.

(2) NATIONAL SECURITY AGENCY.—Section 17 of the

National Security Agency Act of 1959 (50 U.S.C. 402 note)

is repealed.
H. R. 4299—21

SEC. 807. PROVIDING A COURT ORDER PROCESS FOR PHYSICAL

SEARCHES UNDERTAKEN FOR FOREIGN INTELLIGENCE

PURPOSES.

(a) AMENDMENT OF THE FOREIGN INTELLIGENCE SURVEILLANCE

ACT OF 1978.—The Foreign Intelligence Surveillance Act of 1978

(50 U.S.C. 1801 et seq.) is amended—

(1) by redesignating title III as title IV and section 301

as section 401, respectively;

(2) in section 401 (as so redesignated) by inserting ‘‘(other

than title III)’’ after ‘‘provisions of this Act’’; and

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

‘‘TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN

INTELLIGENCE PURPOSES

‘‘DEFINITIONS

‘‘SEC. 301. As used in this title:

‘‘(1) The terms ‘foreign power’, ‘agent of a foreign power’,

‘international terrorism’, ‘sabotage’, ‘foreign intelligence

information’, ‘Attorney General’, ‘United States person’, ‘United

States’, ‘person’, and ‘State’ shall have the same meanings

as in section 101 of this Act, except as specifically provided

by this title.

‘‘(2) ‘Aggrieved person’ means a person whose premises,

property, information, or material is the target of physical

search or any other person whose premises, property, information, or material was subject to physical search.

‘‘(3) ‘Foreign Intelligence Surveillance Court’ means the

court established by section 103(a) of this Act.

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

search, means—

‘‘(A) specific procedures, which shall be adopted by

the Attorney General, that are reasonably designed in light

of the purposes and technique of the particular physical

search, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons

consistent with the need of the United States to obtain,

produce, and disseminate foreign intelligence information;

‘‘(B) procedures that require that nonpublicly available

information, which is not foreign intelligence information,

as defined in section 101(e)(1) of this Act, shall not be

disseminated in a manner that identifies any United States

person, without such person’s consent, unless such person’s

identity is necessary to understand such foreign intelligence

information or assess its importance;

‘‘(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of

information that is evidence of a crime which has been,

is being, or is about to be committed and that is to be

retained or disseminated for law enforcement purposes;

and
H. R. 4299—22

‘‘(D) notwithstanding subparagraphs (A), (B), and (C), with respect to any physical search approved pursuant

to section 302(a), procedures that require that no information, material, or property of a United States person shall

be disclosed, disseminated, or used for any purpose or

retained for longer than 24 hours unless a court order

under section 304 is obtained or unless the Attorney General determines that the information indicates a threat

of death or serious bodily harm to any person.

‘‘(5) ‘Physical search’ means any physical intrusion within the United States into premises or property (including examination of the interior of property by technical means) that is

intended to result in a seizure, reproduction, inspection, or

alteration of information, material, or property, under circumstances in which a person has a reasonable expectation

of privacy and a warrant would be required for law enforcement

purposes, but does not include (A) ‘electronic surveillance’, as

defined in section 101(f) of this Act, or (B) the acquisition

by the United States Government of foreign intelligence

information from international or foreign communications, or

foreign intelligence activities conducted in accordance with

otherwise applicable Federal law involving a foreign electronic

communications system, utilizing a means other than electronic

surveillance as defined in section 101(f) of this Act.

‘‘AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN INTELLIGENCE

PURPOSES

‘‘SEC. 302. (a)(1) Notwithstanding any other provision of law, the President, acting through the Attorney General, may authorize

physical searches without a court order under this title to acquire

foreign intelligence information for periods of up to one year if— ‘‘(A) the Attorney General certifies in writing under oath that—

‘‘(i) the physical search is solely directed at premises, information, material, or property used exclusively by, or

under the open and exclusive control of, a foreign power

or powers (as defined in section 101(a) (1), (2), or (3)); ‘‘(ii) there is no substantial likelihood that the physical search will involve the premises, information, material,

or property of a United States person; and ‘‘(iii) the proposed minimization procedures with

respect to such physical search meet the definition of minimization procedures under paragraphs (1) through (4) of

section 301(4); and

‘‘(B) the Attorney General reports such minimization proce- dures and any changes thereto to the Permanent Select

Committee on Intelligence of the House of Representatives and

the Select Committee on Intelligence of the Senate at least

30 days before their effective date, unless the Attorney General

determines that immediate action is required and notifies the

committees immediately of such minimization procedures and

the reason for their becoming effective immediately.

‘‘(2) A physical search authorized by this subsection may be conducted only in accordance with the certification and minimization procedures adopted by the Attorney General. The Attorney

General shall assess compliance with such procedures and shall

report such assessments to the Permanent Select Committee on
H. R. 4299—23

Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate under the provisions of section 306.

‘‘(3) The Attorney General shall immediately transmit under

seal to the Foreign Intelligence Surveillance Court a copy of the

certification. Such certification shall be maintained under security

measures established by the Chief Justice of the United States

with the concurrence of the Attorney General, in consultation with

the Director of Central Intelligence, and shall remain sealed

unless—

‘‘(A) an application for a court order with respect to the

physical search is made under section 301(4) and section 303;

or

‘‘(B) the certification is necessary to determine the legality

of the physical search under section 305(g).

‘‘(4)(A) With respect to physical searches authorized by this

subsection, the Attorney General may direct a specified landlord,

custodian, or other specified person to—

‘‘(i) furnish all information, facilities, or assistance necessary to accomplish the physical search in such a manner

as will protect its secrecy and produce a minimum of interference with the services that such landlord, custodian, or other

person is providing the target of the physical search; and

‘‘(ii) maintain under security procedures approved by the

Attorney General and the Director of Central Intelligence any

records concerning the search or the aid furnished that such

person wishes to retain.

‘‘(B) The Government shall compensate, at the prevailing rate,

such landlord, custodian, or other person for furnishing such aid. ‘‘(b) Applications for a court order under this title are authorized

if the President has, by written authorization, empowered the Attorney General to approve applications to the Foreign Intelligence

Surveillance Court. Notwithstanding any other provision of law,

a judge of the court to whom application is made may grant an

order in accordance with section 304 approving a physical search

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

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

the purpose of collecting foreign intelligence information. ‘‘(c) The Foreign Intelligence Surveillance Court shall have

jurisdiction to hear applications for and grant orders approving

a physical search for the purpose of obtaining foreign intelligence

information anywhere within the United States under the procedures set forth in this title, except that no judge shall hear the

same application which has been denied previously by another

judge designated under section 103(a) of this Act. If any judge

so designated denies an application for an order authorizing a

physical search under this title, such judge shall provide immediately for the record a written statement of each reason for such

decision and, on motion of the United States, the record shall

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

section 103(b).

‘‘(d) The court of review established under section 103(b) shall

have jurisdiction to review the denial of any application made

under this title. If such court determines that the application was

properly denied, the court shall immediately provide for the record

a written statement of each reason for its decision and, on petition

of the United States for a writ of certiorari, the record shall be
H. R. 4299—24

transmitted under seal to the Supreme Court, which shall have

jurisdiction to review such decision.

‘‘(e) Judicial proceedings under this title shall be concluded

as expeditiously as possible. The record of proceedings under this

title, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice

of the United States in consultation with the Attorney General

and the Director of Central Intelligence.

‘‘APPLICATION FOR AN ORDER

‘‘SEC. 303. (a) Each application for an order approving a physical

search under this title shall be made by a Federal officer in writing

upon oath or affirmation to a judge of the Foreign Intelligence

Surveillance Court. Each application shall require the approval

of the Attorney General based upon the Attorney General’s finding

that it satisfies the criteria and requirements for such application

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

‘‘(1) the identity of the Federal officer making the application;

‘‘(2) the authority conferred on the Attorney General by

the President and the approval of the Attorney General to

make the application;

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

of the search, and a detailed description of the premises or

property to be searched and of the information, material, or

property to be seized, reproduced, or altered;

‘‘(4) a statement of the facts and circumstances relied upon

by the applicant to justify the applicant’s belief that—

‘‘(A) the target of the physical search is a foreign power

or an agent of a foreign power;

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

foreign intelligence information; and

‘‘(C) the premises or property to be searched is owned,

used, possessed by, or is in transit to or from a foreign

power or an agent of a foreign power;

‘‘(5) a statement of the proposed minimization procedures;

‘‘(6) a statement of the nature of the foreign intelligence

sought and the manner in which the physical search is to

be conducted;

‘‘(7) a certification or certifications by the Assistant to

the President for National Security Affairs or an executive

branch official or officials designated by the President from

among those executive branch officers employed in the area

of national security or defense and appointed by the President,

by and with the advice and consent of the Senate—

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

sought to be foreign intelligence information;

‘‘(B) that the purpose of the search is to obtain foreign

intelligence information;

‘‘(C) that such information cannot reasonably be

obtained by normal investigative techniques; ‘‘(D) that designates the type of foreign intelligence

information being sought according to the categories

described in section 101(e); and

‘‘(E) includes a statement explaining the basis for the

certifications required by subparagraphs (C) and (D);
H. R. 4299—25

‘‘(8) where the physical search involves a search of the residence of a United States person, the Attorney General

shall state what investigative techniques have previously been

utilized to obtain the foreign intelligence information concerned

and the degree to which these techniques resulted in acquiring

such information; and

‘‘(9) a statement of the facts concerning all previous applica- tions that have been made to any judge under this title involving any of the persons, premises, or property specified in the

application, and the action taken on each previous application.

‘‘(b) The Attorney General may require any other affidavit or certification from any other officer in connection with the

application. ‘‘(c) The judge may require the applicant to furnish such other information as may be necessary to make the determinations

required by section 304.

‘‘ISSUANCE OF AN ORDER

‘‘SEC. 304. (a) Upon an application made pursuant to section

303, the judge shall enter an ex parte order as requested or as

modified approving the physical search if the judge finds that— ‘‘(1) the President has authorized the Attorney General to approve applications for physical searches for foreign intelligence purposes; ‘‘(2) the application has been made by a Federal officer and approved by the Attorney General; ‘‘(3) on the basis of the facts submitted by the applicant there is probable cause to believe that— ‘‘(A) the target of the physical search is a foreign power or an agent of a foreign power, except that no United

States person may be considered an agent of a foreign

power solely upon the basis of activities protected by the

first amendment to the Constitution of the United States;

and

‘‘(B) the premises or property to be searched is owned, used, possessed by, or is in transit to or from an agent

of a foreign power or a foreign power;

‘‘(4) the proposed minimization procedures meet the definition of minimization contained in this title; and

‘‘(5) the application which has been filed contains all statements and certifications required by section 303, and, if the

target is a United States person, the certification or certifications are not clearly erroneous on the basis of the statement

made under section 303(a)(7)(E) and any other information

furnished under section 303(c).

‘‘(b) An order approving a physical search under this section shall—

‘‘(1) specify— ‘‘(A) the identity, if known, or a description of the target of the physical search; ‘‘(B) the nature and location of each of the premises

or property to be searched; ‘‘(C) the type of information, material, or property to be seized, altered, or reproduced; ‘‘(D) a statement of the manner in which the physical

search is to be conducted and, whenever more than one

physical search is authorized under the order, the author-
H. R. 4299—26

ized scope of each search and what minimization procedures shall apply to the information acquired by each

search; and

‘‘(E) the period of time during which physical searches

are approved; and

‘‘(2) direct—

‘‘(A) that the minimization procedures be followed;

‘‘(B) that, upon the request of the applicant, a specified

landlord, custodian, or other specified person furnish the

applicant forthwith all information, facilities, or assistance

necessary to accomplish the physical search in such a manner as will protect its secrecy and produce a minimum

of interference with the services that such landlord, custodian, or other person is providing the target of the physical

search;

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

maintain under security procedures approved by the Attorney General and the Director of Central Intelligence any

records concerning the search or the aid furnished that

such person wishes to retain;

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

rate, such landlord, custodian, or other person for furnishing such aid; and

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

search promptly report to the court the circumstances and

results of the physical search.

‘‘(c)(1) An order issued under this section may approve a physical search for the period necessary to achieve its purpose, or

for forty-five days, whichever is less, except that an order under

this section shall approve a physical search targeted against a

foreign power, as defined in paragraph (1), (2), or (3) of section

101(a), for the period specified in the application or for one year,

whichever is less.

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

granted on the same basis as the original order upon an application

for an extension and new findings made in the same manner

as required for the original order, except that an extension of

an order under this Act for a physical search targeted against

a foreign power, as defined in section 101(a) (5) or (6), or against

a foreign power, as defined in section 101(a)(4), that is not a

United States person, may be for a period not to exceed one year

if the judge finds probable cause to believe that no property of

any individual United States person will be acquired during the

period.

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

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

at any time after a physical search is carried out, the judge may

assess compliance with the minimization procedures by reviewing

the circumstances under which information concerning United

States persons was acquired, retained, or disseminated.

‘‘(d)(1)(A) Notwithstanding any other provision of this title,

whenever the Attorney General reasonably makes the determination specified in subparagraph (B), the Attorney General may

authorize the execution of an emergency physical search if—

‘‘(i) a judge having jurisdiction under section 103 is

informed by the Attorney General or the Attorney General’s
H. R. 4299—27

designee at the time of such authorization that the decision

has been made to execute an emergency search, and

‘‘(ii) an application in accordance with this title is made

to that judge as soon as practicable but not more than 24

hours after the Attorney General authorizes such search.

‘‘(B) The determination referred to in subparagraph (A) is a

determination that—

‘‘(i) an emergency situation exists with respect to the execution of a physical search to obtain foreign intelligence information before an order authorizing such search can with due

diligence be obtained, and

‘‘(ii) the factual basis for issuance of an order under this

title to approve such a search exists.

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

under paragraph (1), the Attorney General shall require that the

minimization procedures required by this title for the issuance

of a judicial order be followed.

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

search, the search shall terminate the earlier of—

‘‘(A) the date on which the information sought is obtained;

‘‘(B) the date on which the application for the order is

denied; or

‘‘(C) the expiration of 24 hours from the time of authorization by the Attorney General.

‘‘(4) In the event that such application for approval is denied,

or in any other case where the physical search is terminated and

no order is issued approving the search, no information obtained

or evidence derived from such search shall be received in evidence

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

in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United

States, a State, or political subdivision thereof, and no information

concerning any United States person acquired from such search

shall subsequently be used or disclosed in any other manner by

Federal officers or employees without the consent of such person,

except with the approval of the Attorney General, if the information

indicates a threat of death or serious bodily harm to any person.

A denial of the application made under this subsection may be

reviewed as provided in section 302.

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

shall be retained for a period of at least 10 years from the date

of the application.

‘‘USE OF INFORMATION

‘‘SEC. 305. (a) Information acquired from a physical search

conducted pursuant to this title concerning any United States person may be used and disclosed by Federal officers and employees

without the consent of the United States person only in accordance

with the minimization procedures required by this title. No information acquired from a physical search pursuant to this title may

be used or disclosed by Federal officers or employees except for

lawful purposes.

‘‘(b) Where a physical search authorized and conducted pursuant to section 304 involves the residence of a United States person,

and, at any time after the search the Attorney General determines

there is no national security interest in continuing to maintain

the secrecy of the search, the Attorney General shall provide notice
H. R. 4299—28

to the United States person whose residence was searched of the

fact of the search conducted pursuant to this Act and shall identify

any property of such person seized, altered, or reproduced during

such search.

‘‘(c) No information acquired pursuant to this title shall be

disclosed for law enforcement purposes unless such disclosure is

accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding

with the advance authorization of the Attorney General.

‘‘(d) Whenever the United States intends to enter into evidence

or otherwise use or disclose in any trial, hearing, or other proceeding

in or before any court, department, officer, agency, regulatory body,

or other authority of the United States, against an aggrieved person,

any information obtained or derived from a physical search pursuant to the authority of this title, the United States shall, prior

to the trial, hearing, or the other proceeding or at a reasonable

time prior to an effort to so disclose or so use that information

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

or other authority in which the information is to be disclosed

or used that the United States intends to so disclose or so use

such information.

‘‘(e) Whenever any State or political subdivision thereof intends

to enter into evidence or otherwise use or disclose in any trial,

hearing, or other proceeding in or before any court, department,

officer, agency, regulatory body, or other authority of a State or

a political subdivision thereof against an aggrieved person any

information obtained or derived from a physical search pursuant

to the authority of this title, the State or political subdivision

thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the

Attorney General that the State or political subdivision thereof

intends to so disclose or so use such information.

‘‘(f)(1) Any person against whom evidence obtained or derived

from a physical search to which he is an aggrieved person is

to be, or has been, introduced or otherwise used or disclosed in

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

department, officer, agency, regulatory body, or other authority

of the United States, a State, or a political subdivision thereof,

may move to suppress the evidence obtained or derived from such

search on the grounds that— ‘‘(A) the information was unlawfully acquired; or

‘‘(B) the physical search was not made in conformity with

an order of authorization or approval.

‘‘(2) Such a motion shall be made before the trial, hearing,

or other proceeding unless there was no opportunity to make such

a motion or the person was not aware of the grounds of the motion.

‘‘(g) Whenever a court or other authority is notified pursuant

to subsection (d) or (e), or whenever a motion is made pursuant

to subsection (f), or whenever any motion or request is made by

an aggrieved person pursuant to any other statute or rule of the

United States or any State before any court or other authority

of the United States or any State to discover or obtain applications

or orders or other materials relating to a physical search authorized

by this title or to discover, obtain, or suppress evidence or information obtained or derived from a physical search authorized by this

title, the United States district court or, where the motion is made

before another authority, the United States district court in the
H. R. 4299—29

same district as the authority shall, notwithstanding any other

provision of law, if the Attorney General files an affidavit under

oath that disclosure or any adversary hearing would harm the

national security of the United States, review in camera and ex

parte the application, order, and such other materials relating

to the physical search as may be necessary to determine whether

the physical search of the aggrieved person was lawfully authorized

and conducted. In making this determination, the court may disclose

to the aggrieved person, under appropriate security procedures

and protective orders, portions of the application, order, or other

materials relating to the physical search, or may require the Attorney General to provide to the aggrieved person a summary of

such materials, only where such disclosure is necessary to make

an accurate determination of the legality of the physical search. ‘‘(h) If the United States district court pursuant to subsection (g) determines that the physical search was not lawfully authorized

or conducted, it shall, in accordance with the requirements of law,

suppress the evidence which was unlawfully obtained or derived

from the physical search of the aggrieved person or otherwise

grant the motion of the aggrieved person. If the court determines

that the physical search was lawfully authorized or conducted,

it shall deny the motion of the aggrieved person except to the

extent that due process requires discovery or disclosure. ‘‘(i) Orders granting motions or requests under subsection (h), decisions under this section that a physical search was not lawfully

authorized or conducted, and orders of the United States district

court requiring review or granting disclosure of applications, orders,

or other materials relating to the physical search shall be final

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

several States except a United States Court of Appeals or the

Supreme Court. ‘‘(j)(1) If an emergency execution of a physical search is author- ized under section 304(d) and a subsequent order approving the

search is not obtained, the judge shall cause to be served on any

United States person named in the application and on such other

United States persons subject to the search as the judge may

determine in his discretion it is in the interests of justice to serve,

notice of—

‘‘(A) the fact of the application;

‘‘(B) the period of the search; and

‘‘(C) the fact that during the period information was or was not obtained.

‘‘(2) On an ex parte showing of good cause to the judge, the serving of the notice required by this subsection may be postponed

or suspended for a period not to exceed 90 days. Thereafter, on

a further ex parte showing of good cause, the court shall forego

ordering the serving of the notice required under this subsection.

‘‘CONGRESSIONAL OVERSIGHT

‘‘SEC. 306. On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence of

the House of Representatives and the Select Committee on Intelligence of the Senate concerning all physical searches conducted

pursuant to this title. On a semiannual basis the Attorney General

shall also provide to those committees and the Committees on

the Judiciary of the House of Representatives and the Senate a

report setting forth with respect to the preceding six-month period—
H. R. 4299—30

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

approving physical searches under this title;

‘‘(2) the total number of such orders either granted, modified, or denied; and

‘‘(3) the number of physical searches which involved

searches of the residences, offices, or personal property of

United States persons, and the number of occasions, if any,

where the Attorney General provided notice pursuant to section 305(b).

‘‘PENALTIES

‘‘SEC. 307. (a) A person is guilty of an offense if he intentionally—

‘‘(1) under color of law for the purpose of obtaining foreign

intelligence information, executes a physical search within the

United States except as authorized by statute; or

‘‘(2) discloses or uses information obtained under color of

law by physical search within the United States, knowing or

having reason to know that the information was obtained

through physical search not authorized by statute, for the purpose of obtaining intelligence information.

‘‘(b) It is a defense to a prosecution under subsection (a) that

the defendant was a law enforcement or investigative officer

engaged in the course of his official duties and the physical search

was authorized by and conducted pursuant to a search warrant

or court order of a court of competent jurisdiction.

‘‘(c) An offense described in this section is punishable by a

fine of not more than $10,000 or imprisonment for not more than

five years, or both. ‘‘(d) There is Federal jurisdiction over an offense under this

section if the person committing the offense was an officer or

employee of the United States at the time the offense was

committed.

‘‘CIVIL LIABILITY

‘‘SEC. 308. An aggrieved person, other than a foreign power

or an agent of a foreign power, as defined in section 101 (a) or

(b)(1)(A), respectively, of this Act, whose premises, property,

information, or material has been subjected to a physical search

within the United States or about whom information obtained by

such a physical search has been disclosed or used in violation

of section 307 shall have a cause of action against any person

who committed such violation and shall be entitled to recover—

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

of $1,000 or $100 per day for each day of violation, whichever

is greater;

‘‘(2) punitive damages; and

‘‘(3) reasonable attorney’s fees and other investigative and

litigation costs reasonably incurred.

‘‘AUTHORIZATION DURING TIME OF WAR

‘‘SEC. 309. Notwithstanding any other provision of law, the

President, through the Attorney General, may authorize physical

searches without a court order under this title to acquire foreign

intelligence information for a period not to exceed 15 calendar

days following a declaration of war by the Congress.’’.
H. R. 4299—31

(b) CLERICAL AMENDMENT.—The table of contents in the first

section of the Foreign Intelligence Surveillance Act of 1978 is

amended by striking the items relating to title III and inserting

the following:

‘‘TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR

FOREIGN INTELLIGENCE PURPOSES

‘‘Sec. 301. Definitions.

‘‘Sec. 302. Authorization of physical searches for foreign intelligence purposes.

‘‘Sec. 303. Application for an order.

‘‘Sec. 304. Issuance of an order.

‘‘Sec. 305. Use of information.

‘‘Sec. 306. Congressional oversight.

‘‘Sec. 307. Penalties.

‘‘Sec. 308. Civil liability.

‘‘Sec. 309. Authorization during time of war.

‘‘TITLE IV—EFFECTIVE DATE

‘‘Sec. 401. Effective date.’’.

(c) EFFECTIVE DATE.—The amendments made by subsections

(a) and (b) shall take effect 90 days after the date of enactment

of this Act, except that any physical search approved by the Attorney General of the United States to gather foreign intelligence

information shall not be deemed unlawful for failure to follow

the procedures of title III of the Foreign Intelligence Surveillance

Act of 1978 (as added by this Act), if that search is conducted

within 180 days after the date of enactment of this Act pursuant

to regulations issued by the Attorney General, which were in the

possession of the Select Committee on Intelligence of the Senate

and the Permanent Select Committee on Intelligence of the House

of Representatives before the date of enactment of this Act.

SEC. 808. LESSER CRIMINAL OFFENSE FOR UNAUTHORIZED REMOVAL

OF CLASSIFIED DOCUMENTS.

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

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

‘‘§ 1924. Unauthorized removal and retention of classified

documents or material

‘‘(a) Whoever, being an officer, employee, contractor, or consultant of the United States, and, by virtue of his office, employment,

position, or contract, becomes possessed of documents or materials

containing classified information of the United States, knowingly

removes such documents or materials without authority and with

the intent to retain such documents or materials at an unauthorized

location shall be fined not more than $1,000, or imprisoned for

not more than one year, or both.

‘‘(b) For purposes of this section, the provision of documents

and materials to the Congress shall not constitute an offense under

subsection (a).

‘‘(c) In this section, the term ‘classified information of the United

States’ means information originated, owned, or possessed by the

United States Government concerning the national defense or

foreign relations of the United States that has been determined

pursuant to law or Executive order to require protection against

unauthorized disclosure in the interests of national security.’’.
H. R. 4299—32

(b) CLERICAL AMENDMENT.—The table of sections at the begin- ning of such chapter is amended by adding at the end the following:

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

SEC. 809. REPORTS ON FOREIGN INDUSTRIAL ESPIONAGE.

(a) IN GENERAL.— (1) SUBMISSION AND CONTENTS.—In order to assist Congress in its oversight functions with respect to this Act and to improve

the awareness of United States industry of foreign industrial

espionage and the ability of such industry to protect against

such espionage, the President shall submit to Congress a report

that describes, as of the time of the report, the following: (A) The respective policy functions and operational roles of the agencies of the executive branch of the Federal

Government in identifying and countering threats to United

States industry of foreign industrial espionage, including

the manner in which such functions and roles are coordinated.

(B) The means by which the Federal Government communicates information on such threats, and on methods

to protect against such threats, to United States industry

in general and to United States companies known to be

targets of foreign industrial espionage. (C) The specific measures that are being or could be undertaken in order to improve the activities referred to

in subparagraphs (A) and (B), including proposals for any

modifications of law necessary to facilitate the undertaking

of such activities.

(D) The threat to United States industry of foreign

industrial espionage and any trends in that threat,

including—

(i) the number and identity of the foreign governments conducting foreign industrial espionage;

(ii) the industrial sectors and types of information

and technology targeted by such espionage; and

(iii) the methods used to conduct such espionage.

(2) DATE OF SUBMISSION.—The President shall submit the

report required under this subsection not later than six months

after the date of the enactment of this Act.

(b) ANNUAL UPDATE.—Not later than one year after the date

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

of each year thereafter, the President shall submit to Congress

a report updating the information referred to in paragraph (1)(D)

of that subsection.

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

the reports referred to in subsections (a) and (b) shall be submitted

in an unclassified form, but may be accompanied by a classified

appendix.

(d) REPORT UNDER DEFENSE PRODUCTION ACT.—Section

721(k)(1)(B) of the Defense Production Act of 1950 (50 U.S.C. App.

2170(k)(1)(B)) is amended by inserting ‘‘or directly assisted’’ after

‘‘directed’’.

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

industrial espionage’’ means industrial espionage conducted by a

foreign government or by a foreign company with direct assistance

of a foreign government against a private United States company

and aimed at obtaining commercial secrets.
H. R. 4299—33

SEC. 810. COUNTERNARCOTICS TARGETS FUNDING.

Not less than $5,000,000 from the base budget for the National

Security Agency shall be transferred to United States Army signals

intelligence activities directed at counternarcotics targets. A

detailed operations plan with special emphasis on the United States/

Mexico border and including the participation of the National Security Agency, the Drug Enforcement Administration, the Federal

Bureau of Investigation, and the United States Customs Service,

shall be provided to the Select Committee on Intelligence of the

Senate and the Permanent Select Committee on Intelligence of

the House of Representatives no later than November 15, 1994.

This plan shall include a detailed description of the planned targets

and the type of intelligence collection, dissemination, analysis and

tasking that will be included in these operations.

SEC. 811. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.

(a) ESTABLISHMENT OF COUNTERINTELLIGENCE POLICY BOARD.—

There is established within the executive branch of Government

a National Counterintelligence Policy Board (in this section referred

to as the ‘‘Board’’). The Board shall report to the President through

the National Security Council.

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

principal mechanism for—

(1) developing policies and procedures for the approval

of the President to govern the conduct of counterintelligence

activities; and

(2) resolving conflicts, as directed by the President, which

may arise between elements of the Government which carry

out such activities.

(c) COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH

THE FEDERAL BUREAU OF INVESTIGATION.—(1) Except as provided

in paragraph (3), the head of each department or agency within

the executive branch shall ensure that—

(A) the Federal Bureau of Investigation is advised immediately of any information, regardless of its origin, which

indicates that classified information is being, or may have

been, disclosed in an unauthorized manner to a foreign power

or an agent of a foreign power; (B) following a report made pursuant to subparagraph (A),

the Federal Bureau of Investigation is consulted with respect

to all subsequent actions which may be undertaken by the

department or agency concerned to determine the source of

such loss or compromise; and

(C) where, after appropriate consultation with the department or agency concerned, the Federal Bureau of Investigation

undertakes investigative activities to determine the source of

the loss or compromise, the Federal Bureau of Investigation

is given complete and timely access to the employees and

records of the department or agency concerned for purposes

of such investigative activities.

(2) Except as provided in paragraph (3), the Director of the

Federal Bureau of Investigation shall ensure that espionage

information obtained by the Federal Bureau of Investigation

pertaining to the personnel, operations, or information of departments or agencies of the executive branch, is provided through

appropriate channels to the department or agency concerned, and

that such departments or agencies are consulted with respect to
H. R. 4299—34

espionage investigations undertaken by the Federal Bureau of

Investigation which involve the personnel, operations, or information of such department or agency after a report has been provided

pursuant to paragraph (1)(A).

(3) Where essential to meet extraordinary circumstances affecting vital national security interests of the United States, the President may on a case-by-case basis waive the requirements of

paragraph (1) or (2), as they apply to the head of a particular

department or agency, or the Director of the Federal Bureau of

Investigation. Such waiver shall be in writing and shall fully state

the justification for such waiver. Within thirty days, the President

shall notify the Select Committee on Intelligence of the Senate

and the Permanent Select Committee on Intelligence of the House

of Representatives that such waiver has been issued, and at that

time or as soon as national security considerations permit, provide

these committees with a complete explanation of the circumstances

which necessitated such waiver.

(4) The Director of the Federal Bureau of Investigation shall,

in consultation with the Director of Central Intelligence and the

Secretary of Defense, report annually, beginning on February 1,

1995, and continuing each year thereafter, to the Select Committee

on Intelligence of the Senate and to the Permanent Select Committee on Intelligence of the House of Representatives and, in accordance with applicable security procedures, the Committees on the

Judiciary of the House of Representatives and the Senate with

respect to compliance with paragraphs (1) and (2) during the previous calendar year.

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

jurisdictional arrangements between the Federal Bureau of Investigation and the Department of Defense with respect to investigations of persons subject to the Uniform Code of Military Justice,

nor to impose additional reporting requirements upon the Department of Defense with respect to such investigations beyond those

required by existing law and executive branch policy.

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

‘‘agent of a foreign power’’ have the same meanings as set forth

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

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

TITLE IX—COMMISSION ON THE ROLES

AND CAPABILITIES OF THE UNITED

STATES INTELLIGENCE COMMUNITY

SEC. 901. ESTABLISHMENT.

There is established a commission to be known as the Commission on the Roles and Capabilities of the United States Intelligence

Community (hereafter in this title referred to as the ‘‘Commission’’).

SEC. 902. COMPOSITION AND QUALIFICATIONS.

(a) MEMBERSHIP.—(1) The Commission shall be composed of

17 members, as follows:

(A) Nine members shall be appointed by the President

from private life, no more than four of whom shall have previously held senior leadership positions in the intelligence
H. R. 4299—35

community and no more than five of whom shall be members

of the same political party.

(B) Two members shall be appointed by the majority leader

of the Senate, of whom one shall be a Member of the Senate

and one shall be from private life.

(C) Two members shall be appointed by the minority leader

of the Senate, of whom one shall be a Member of the Senate

and one shall be from private life.

(D) Two members shall be appointed by the Speaker of

the House of Representatives, of whom one shall be a Member

of the House and one shall be from private life.

(E) Two members shall be appointed by the Minority

Leader of the House of Representatives, of whom one shall

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

life.

(2) The members of the Commission appointed from private

life under paragraph (1) shall be persons of demonstrated ability

and accomplishment in government, business, law, academe,

journalism, or other profession, who have a substantial background

in national security matters.

(b) CHAIRMAN AND VICE CHAIRMAN.—The President shall designate two of the members appointed from private life to serve

as Chairman and Vice Chairman, respectively, of the Commission.

(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be

appointed for the life of the Commission. Any vacancy in the

Commission shall not affect its powers but shall be filled in the

same manner as the original appointment.

(d) DEADLINE FOR APPOINTMENTS.—The appointments required

by subsection (a) shall be made within 45 days after the date

of enactment of this Act.

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

the Chairman.

(2) The Commission shall hold its first meeting not later than

four months after the date of enactment of this Act.

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

a quorum, but a lesser number of members may hold hearings,

take testimony, or receive evidence. (g) SECURITY CLEARANCES.—Appropriate security clearances

shall be required for members of the Commission who are private

United States citizens. Such clearances shall be processed and

completed on an expedited basis by appropriate elements of the

executive branch of Government and shall, in any case, be completed

within 90 days of the date such members are appointed. (h) APPLICATION OF CERTAIN PROVISIONS OF LAW.—In light

of the extraordinary and sensitive nature of its deliberations, the

provisions of the Federal Advisory Committee Act (5 U.S.C. App.),

and the regulations prescribed by the Administrator of General

Services pursuant to that Act, shall not apply to the Commission.

Further, the provisions of section 552 of title 5, United States

Code (commonly known as the ‘‘Freedom of Information Act’’), shall

not apply to the Commission; however, records of the Commission

shall be subject to the Federal Records Act and, when transferred

to the National Archives and Records Agency, shall no longer be

exempt from the provisions of such section 552.

SEC. 903. DUTIES OF THE COMMISSION.

(a) IN GENERAL.—It shall be the duty of the Commission—
H. R. 4299—36

(1) to review the efficacy and appropriateness of the activities of the United States intelligence community in the postcold war global environment; and

(2) to prepare and transmit the reports described in section 904.

(b) IMPLEMENTATION.—In carrying out subsection (a), the

Commission shall specifically consider the following:

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

community in terms of providing support to the defense and

foreign policy establishments and how should these relate to

tactical intelligence activities.

(2) Whether the roles and missions of the intelligence

community should extend beyond the traditional areas of

providing support to the defense and foreign policy establishments, and, if so, what areas should be considered legitimate

for intelligence collection and analysis, and whether such areas

should include, for example, economic issues, environmental

issues, and health issues.

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

to the organizations of the intelligence community, including

the Central Intelligence Agency, and what capabilities should

these organizations retain for the future.

(4) Whether the existing organization and management

framework of the organizations of the intelligence community,

including the Central Intelligence Agency, provide the optimal

structure for the accomplishment of their missions.

(5) Whether existing principles and strategies governing

the acquisition and maintenance of intelligence collection

capabilities should be retained and what collection capabilities

should the Government retain to meet future contingencies.

(6) Whether intelligence analysis, as it is currently structured and executed, adds sufficient value to information otherwise available to the Government to justify its continuation,

and, if so, at what level of resources.

(7) Whether the existing decentralized system of intelligence analysis results in significant waste or duplication, and,

if so, what can be done to correct these deficiencies.

(8) Whether the existing arrangements for allocating available resources to accomplish the roles and missions assigned

to intelligence agencies are adequate.

(9) Whether the existing framework for coordinating among

intelligence agencies with respect to intelligence collection and

analysis and other activities, including training and operational

activities, provides an optimal structure for such coordination.

(10) Whether current personnel policies and practices of

intelligence agencies provide an optimal work force to satisfy

the needs of intelligence consumers.

(11) Whether resources for intelligence activities should

continue to be allocated as part of the defense budget or be

treated by the President and Congress as a separate budgetary

program.

(12) Whether the existing levels of resources allocated for

intelligence collection or intelligence analysis, or to provide

a capability to conduct covert actions, are seriously at variance

with United States needs.
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(13) Whether there are areas of redundant or overlapping

activity or areas where there is evidence of serious waste,

duplication, or mismanagement.

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

States intelligence activities be publicly disclosed.

(15) To what extent, if any, should the United States intelligence community collect information bearing upon private

commercial activity and the manner in which such information

should be controlled and disseminated.

(16) Whether counterintelligence policies and practices are

adequate to ensure that employees of intelligence agencies are

sensitive to security problems, and whether intelligence agencies themselves have adequate authority and capability to

address perceived security problems.

(17) The manner in which the size, missions, capabilities,

and resources of the United States intelligence community compare to those of other countries.

(18) Whether existing collaborative arrangements between

the United States and other countries in the area of intelligence

cooperation should be maintained and whether such arrangements should be expanded to provide for increased

burdensharing.

(19) Whether existing arrangements for sharing intelligence

with multinational organizations in support of mutually shared

objectives are adequate.

SEC. 904. REPORTS.

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

meeting of the Commission, the Commission shall transmit to the

congressional intelligence committees a report setting forth its plan

for the work of the Commission.

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

required by subsection (c), the Commission may issue such interim

reports as it finds necessary and desirable. (c) FINAL REPORT.—No later than March 1, 1996, the Commission shall submit to the President and to the congressional intelligence committees a report setting forth the activities, findings,

and recommendations of the Commission, including any recommendations for the enactment of legislation that the Commission

considers advisable. To the extent feasible, such report shall be

unclassified and made available to the public. Such report shall

be supplemented as necessary by a classified report or annex,

which shall be provided separately to the President and the congressional intelligence committees.

SEC. 905. POWERS.

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

or member of the Commission, may, for the purpose of carrying

out the provisions of this title, hold hearings, sit and act at times

and places, take testimony, receive evidence, and administer oaths

to the extent that the Commission or any panel or member considers

advisable.

(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission

may secure directly from any intelligence agency or from any other

Federal department or agency any information that the Commission

considers necessary to enable the Commission to carry out its

responsibilities under this section. Upon request of the Chairman
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of the Commission, the head of any such department or agency

shall furnish such information expeditiously to the Commission.

(c) POSTAL, PRINTING AND BINDING SERVICES.—The Commission

may use the United States mails and obtain printing and binding

services in the same manner and under the same conditions as

other departments and agencies of the Federal Government.

(d) SUBCOMMITTEES.—The Commission may establish panels

composed of less than the full membership of the Commission

for the purpose of carrying out the Commission’s duties. The actions

of each such panel shall be subject to the review and control

of the Commission. Any findings and determinations made by such

a panel shall not be considered the findings and determinations

of the Commission unless approved by the Commission.

(e) AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.—

Any member or agent of the Commission may, if authorized by

the Commission, take any action which the Commission is authorized to take under this title.

SEC. 906. PERSONNEL MATTERS.

(a) COMPENSATION OF MEMBERS.—Each member of the Commission who is a private United States citizen shall be paid, if

requested, at a rate equal to the daily equivalent of the annual

rate of basic pay payable for level V of the Executive Schedule

under section 5316 of title 5, United States Code, for each day

(including travel time) during which the member is engaged in

the performance of the duties of the Commission. All members

of the Commission who are Members of Congress shall serve without

compensation in addition to that received for their services as

Members of Congress. (b) TRAVEL EXPENSES.—Each member of the Commission shall

be allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter

I of chapter 57 of title 5, United States Code, while away from

their homes or regular places of business in the performance of

services for the Commission.

(c) STAFF.— (1) IN GENERAL.—The Chairman of the Commission may,

without regard to the provisions of title 5, United States Code,

governing appointments in the competitive service, appoint a

staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. The

staff director of the Commission shall be appointed from private

life, and such appointment shall be subject to the approval

of the Commission as a whole. No member of the professional

staff may be a current officer or employee of an intelligence

agency, except that up to three current employees of intelligence

agencies who are on rotational assignment to the Executive

Office of the President may serve on the Commission staff,

subject to the approval of the Commission as a whole.

(2) COMPENSATION.—The Chairman of the Commission may

fix the pay of the staff director and other personnel without

regard to the provisions of chapter 51 and subchapter III of

chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that

the rate of pay fixed under this paragraph for the staff director

may not exceed the rate payable for level V of the Executive

Schedule under section 5316 of such title and the rate of pay
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for other personnel may not exceed the maximum rate payable

for grade GS–15 of the General Schedule.

(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the

Chairman of the Commission, the head of any Federal department

or agency may detail, on a nonreimbursable basis, any personnel

of that department or agency to the Commission to assist it in

carrying out its administrative and clerical functions.

(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chairman of the Commission may procure temporary

and intermittent services under section 3109(b) of title 5, United

States Code, at rates for individuals which do not exceed the daily

equivalent of the annual rate of basic pay payable for level V

of the Executive Schedule under section 5316 of such title.

(f) ADMINISTRATIVE AND SUPPORT SERVICES.—The Director of

Central Intelligence shall furnish the Commission, on a nonreimbursable basis, any administrative and support services

requested by the Commission consistent with this title.

SEC. 907. PAYMENT OF COMMISSION EXPENSES.

The compensation, travel expenses, per diem allowances of

members and employees of the Commission, and other expenses

of the Commission shall be paid out of funds available to the

Director of Central Intelligence for the payment of compensation,

travel allowances, and per diem allowances, respectively, of employees of the Central Intelligence Agency.

SEC. 908. TERMINATION OF THE COMMISSION.

The Commission shall terminate one month after the date

of the submission of the report required by section 904(c).

SEC. 909. DEFINITIONS.

For purposes of this title—

(1) the term ‘‘intelligence agency’’ means any agency, office,

or element of the intelligence community;

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

meaning as set forth in section 3(4) of the National Security

Act of 1947 (50 U.S.C. 401a(4)); and

(3) the term ‘‘congressional intelligence committees’’ refers

to the Select Committee on Intelligence of the Senate and

the Permanent Select Committee on Intelligence of the House

of Representatives.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.