`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4299 Enrolled Bill (ENR)]

        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 
intelligence-related activities of the United States Government, the 
Community Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes.

    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.
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 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 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.

                 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 
    Pinserting ``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 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);
            (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);
        (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 maintained 
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 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.
    (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 subject 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 
    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 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 document-by-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''.

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 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 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.


                              ``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:
    ``(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 para- 
Pgraph (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.''.
    (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 para- 
Pgraph (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.''.
    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:

``Sec. 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
        ``(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.
    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
            ``(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 procedures 
    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 Intelligence of the 
House of Representatives and the Select Committee on Intelligence of 
the Senate under the provisions of secPtion 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 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);
        ``(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 
    applications 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 
Papplication.
    ``(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 authorized 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 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 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 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 
authorized 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--
        ``(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 sec- Ption 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 Pcommitted.

                           ``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.''.
    (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:

``Sec. 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning 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.

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 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 Pparagraph (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 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--
        (1) to review the efficacy and appropriateness of the 
    activities of the United States intelligence community in the post-
    cold war global environment; and
        (2) to prepare and transmit the reports described in sec- Ption 
    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.
        (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 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 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.0
    (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 non-reimbursable 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.`