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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1948 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1948

       To amend the National Security Act of 1947 to improve the 
     counterintelligence and security posture of the United States 
 intelligence community and to enhance the investigative authority of 
the Federal Bureau of Investigation in counterintelligence matters, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             March 17 (legislative day, February 22), 1994

Mr. DeConcini (for himself, Mr. Warner, Mr. Graham, Mr. Murkowski, Mr. 
 D'Amato, Mr. Kerrey, Mr. Gorton, Mr. Bryan, Mr. Chafee, Mr. Johnston, 
  Mr. Boren, and Mr. Baucus) introduced the following bill; which was 
    read twice and referred to the Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL

 
       To amend the National Security Act of 1947 to improve the 
     counterintelligence and security posture of the United States 
 intelligence community and to enhance the investigative authority of 
the Federal Bureau of Investigation in counterintelligence matters, 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.

    This Act may be cited as the ``Counterintelligence and Security 
Enhancements Act of 1994''.

SEC. 2. COUNTERINTELLIGENCE FOR EMPLOYEES OF AGENCIES IN THE 
              INTELLIGENCE COMMUNITY.

    (a) In General.--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--COUNTERINTELLIGENCE FOR EMPLOYEES OF AGENCIES IN THE 
                         INTELLIGENCE COMMUNITY

                             ``definitions

    ``Sec. 801. As used in this title:
            ``(1) The term `head of an agency within the intelligence 
        community' includes the following:
                    ``(A) The Director of Central Intelligence in the 
                case of the Central Intelligence Agency and the Office 
                of the Director of Central Intelligence.
                    ``(B) The Director of the National Security Agency 
                in the case of such agency.
                    ``(C) The Director of the Defense Intelligence 
                Agency in the case of such agency.
                    ``(D) The head of the central imagery authority of 
                the Department of Defense in the case of such 
                authority.
                    ``(E) The Director of the National Reconnaissance 
                Office in the case of such office.
                    ``(F) The Secretaries of the military departments 
                in the case of offices within such departments for the 
                collection of specialized national intelligence through 
                reconnaissance program and in the case of intelligence 
                elements of the Army, Navy, Air Force, and Marine 
                Corps.
                    ``(G) The Director of the Federal Bureau of 
                Investigation in the case of the intelligence elements 
                of such bureau.
                    ``(H) The Secretary of State, the Secretary of 
                Treasury, and the Secretary of Energy in the case of 
                the intelligence elements within the departments of 
                each such Secretary, respectively.
            ``(2) The term `critical intelligence position' means any 
        position within the intelligence community, the holder of which 
        requires access to critical intelligence information.
            ``(3) The term `critical intelligence information' means--
                    ``(A) classified information which reveals the 
                identities of covert agents of the intelligence 
                community and the disclosure of which to unauthorized 
                persons would reasonably jeopardize the lives or safety 
                of such agents;
                    ``(B) classified information concerning a technical 
                collection system of the intelligence community, the 
                disclosure of which to unauthorized persons would 
                substantially negate or impair the effectiveness of the 
                system; or
                    ``(C) classified information relating to a 
                cryptographic system for the protection of classified 
                information of the United States, the disclosure of 
                which to unauthorized persons would substantially 
                negate or impair the effectiveness of the system.
            ``(4) The term `covert agent' has the meaning given such 
        term in section 606(4).
            ``(5) The term `technical collection system' means a system 
        for the collection, transmission, or exploitation of electronic 
        signals, emanations, or images by means that are not 
        commercially available.
            ``(6) The term `information relating to a cryptographic 
        system' means information relating to (i) the nature, 
        preparation, content, or use of any code, cipher, or other 
        method of protecting communications of classified information 
        of the United States from interception by unauthorized persons, 
        or (ii) the design, construction, use, maintenance, or repair 
        of any equipment used to protect such communications from such 
        interception. Such term does not include information on the use 
        of such equipment for personal or office use.
            ``(7) The term `authorized investigative agency' means an 
        agency, office, or element of the Federal Government authorized 
        by law or regulation to conduct investigations of employees of 
        the intelligence community for counterintelligence or security 
        purposes.
            ``(8) The term `employee' means any person who--
                    ``(A) receives a salary or compensation of any kind 
                from an agency of the intelligence community;
                    ``(B) is a contractor or unpaid consultant of such 
                an agency; or
                    ``(C) otherwise acts for or on behalf of such an 
                agency.

 ``requirements for employees of agencies in the intelligence community

    ``Sec. 802. A person may not become an employee of an agency within 
the intelligence community unless, before becoming such an employee, 
the person--
            ``(1) authorizes, in writing, the Secretary of the Treasury 
        to disclose the tax returns of the person, or information from 
        such tax returns, to a representative of an authorized 
        investigative agency specified in the document evidencing such 
        authority during the period in which the person is employed by 
        the agency;
            ``(2) agrees, in writing, to permit a representative of 
        such an authorized investigative agency to inspect or obtain 
        for purposes authorized under this title copies of all records 
        relating to bank accounts, investment accounts, credit 
        accounts, and assets having a value of more than $10,000 in 
        which the person, or any member of the immediate family of the 
        person, has a beneficial interest during such period; and
            ``(3) agrees, in writing, to permit a representative of 
        such an authorized investigative agency to inspect or obtain 
        copies of all records maintained by a governmental entity or a 
        private entity relating to the travel of the person to a 
        foreign country.

            ``designation of critical intelligence positions

    ``Sec. 803. Consistent with this title and in accordance with 
section 808, the head of each agency within the intelligence community 
shall by regulation designate each position within the agency which 
qualifies as a critical intelligence position.

    ``requirements for employees in critical intelligence positions

    ``Sec. 804. (a) An employee of an agency within the intelligence 
community may not hold a critical intelligence position unless, before 
holding such position, such employee--
            ``(1) provides the authority and agreements referred to in 
        paragraphs (1), (2), and (3) of section 802; and
            ``(2) in accordance with the regulations prescribed under 
        section 808--
                    ``(A) provides the agency employing the employee 
                with an appropriate statement disclosing the nature and 
                location of all bank accounts, investment accounts, 
                credit accounts, and assets valued at more than $10,000 
                in which the employee, or any immediate member of the 
                family of the employee, has a beneficial interest;
                    ``(B) agrees, in writing, to advise promptly the 
                agency of any changes which occur with respect to the 
                nature or location of the accounts or assets disclosed 
                pursuant to subparagraph (A); and
                    ``(C) agrees, in writing, to advise the agency 
                employing the employee, in advance, of any travel of 
                the employee to a foreign country if the travel is not 
                authorized as part of the employee's official duties in 
                such position.
    ``(b) An employee providing an authorization and agreements under 
subsection (a) shall agree that the authorization and agreement 
continue in effect--
            ``(1) during the period in which the employee holds the 
        critical intelligence position for which the employee provides 
        the authorization and agreements; and
            ``(2) if the employee ceases holding such position, until 
        the earlier of--
                    ``(A) the date 10 years after the date on which the 
                employee ceases holding such position; or
                    ``(B) the date on which the employee ceases 
                employment with the Federal Government.

        ``responsibilities of authorized investigative agencies

    ``Sec. 805. (a) An appropriate authorized investigative agency 
shall, in accordance with the regulations prescribed under section 
808--
            ``(1) periodically review and verify the information 
        provided and disclosed under section 804 by persons holding 
        critical intelligence positions; and
            ``(2) if such review indicates the failure of any such 
        person to comply fully and completely with the requirements of 
        such section, conduct an appropriate inquiry with respect to 
        such failure.
    ``(b)(1) If circumstances indicate the loss or compromise of 
critical intelligence information, the head of the agency concerned 
shall immediately advise the Federal Bureau of Investigation of such 
loss or compromise.
    ``(2) Upon notification under paragraph (1), the Federal Bureau of 
Investigation, or any other appropriate authorized investigative agency 
with the concurrence with the Federal Bureau of Investigation, may 
conduct appropriate inquiries with respect to such loss or compromise.
    ``(c) Any inquiry under this section may include requests for 
information from a governmental entity or from private entities. Such 
requests shall be made in accordance with section 806.

            ``requests by authorized investigative agencies

    ``Sec. 806. (a)(1) Any authorized investigative agency may request 
from any governmental entity, or from any private entity, such records 
or other information as are necessary in order to conduct any 
authorized counterintelligence inquiry or security inquiry, including 
inquiries under section 805.
    ``(2) Each such request--
            ``(A) shall be accompanied by a written certification 
        signed by the head of the intelligence agency concerned, or the 
        designee of the head of the agency, and shall certify that--
                    ``(i) the person concerned is an employee of the 
                intelligence agency;
                    ``(ii) the request is being made pursuant to an 
                authorized inquiry or investigation; 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 the records or information to be 
        reviewed; and
            ``(D) shall inform the recipient of the request of the 
        prohibition described in subsection (b).
    ``(b) 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, 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 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 of the intelligence community 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) Subject to the availability of appropriations therefor, any 
agency requesting records or information under this section may 
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)(1) Except as provided in paragraph (2), an agency receiving 
records or information pursuant to a request under this section may not 
disseminate the records or information obtained pursuant to such 
request outside such agency.
    ``(2) An agency may disseminate records or information referred to 
in paragraph (1) only to the agency employing the employee who is the 
subject of the records or information or to the Department of Justice 
for law enforcement or counterintelligence purposes.
    ``(f) Any authorized investigative agency that discloses records or 
information received pursuant to a request under this section in 
violation of subsection (e)(1) shall be liable to the employee to whom 
the records relate in an amount equal to the sum of--
            ``(1) $100, without regard to the volume of records 
        involved;
            ``(2) any actual damages sustained by the employee as a 
        result of the disclosure;
            ``(3) if the violation is found to have been willful or 
        intentional, such punitive damages as the court may allow; and
            ``(4) in the case of any successful action to enforce 
        liability, the costs of the action, together with reasonable 
        attorney fees, as determined by the court.

       ``responsibilities of the federal bureau of investigation

    ``Sec. 807. (a) The Director of the Federal Bureau of Investigation 
shall have overall responsibility for the conduct of 
counterintelligence and law enforcement investigations involving 
persons in critical intelligence positions. The Director shall 
coordinate all investigative activities (other than routine inquiries 
for security purposes) undertaken with respect to such persons by 
authorized investigative agencies.
    ``(b) The head of each agency within the intelligence community 
shall ensure that the Director of the Federal Bureau of Investigation 
is provided appropriate access to the employees and the records of the 
agency as may be necessary to carry out authorized counterintelligence 
or law enforcement investigations.

                       ``implementing regulations

    ``Sec. 808. Not later than 6 months after the date of the enactment 
of this Act, the Director of Central Intelligence shall issue 
regulations applicable to all agencies of the intelligence community to 
implement the provisions of this Act. Such regulations shall take 
effect not later than 6 months after the date of their issuance by the 
Director.

                              ``oversight

    ``Sec. 809. The Director of Central Intelligence shall submit to 
the Select Committee on Intelligence of the Senate and the Permanent 
Select Committee on Intelligence of the House of Representatives a 
report on the activities carried out under this title and the 
effectiveness of this title in facilitating counterintelligence 
activities. The Director shall submit the report on an annual basis.''.
    (b) Treatment of Incumbents of Covered Positions.--(1) Each 
employee of an agency within the intelligence community shall carry out 
the requirements of section 802 of the National Security Act of 1947, 
as added by subsection (a), not later than 60 days after the issuance 
of the regulations required under section 808 of such Act, as so added.
    (2) The head of each agency within the intelligence community 
shall, upon designating a position within the agency as a critical 
intelligence position under section 803 of such Act, as so added, 
promptly inform the incumbent, if any, of such position, and any 
persons being considered for such position, of such designation.
    (3) The head of each such agency shall require that each person who 
holds a position in the agency so designated shall carry out the 
requirements of section 804 of such Act, as so added, not later than 60 
days after the date of such designation.
    (4) Notwithstanding any other provision of law, the head of each 
such agency shall--
            (A) terminate the employment of any employee of the agency, 
        or any incumbent in a critical intelligence position in the 
        agency, who fails to comply with the requirements set forth in 
        paragraph (1) or (3), as the case may be; and
            (B) to the extent feasible--
                    (i) reassign such incumbent to a position of equal 
                grade and status within the agency that is not a 
                critical intelligence position; or
                    (ii) facilitate the reemployment of such employee 
                in an agency that is not an agency within the 
                intelligence community.
    (c) Treatment of Congressional Staff Having Access to Critical 
Intelligence Information.--(1) Notwithstanding any other provision of 
law and subject to paragraph (2), sections 802 and 804 of the National 
Security Act of 1947, as added by subsection (a), shall apply to 
employees of Congress whose positions of employment require access to 
critical intelligence information.
    (2) The leaders of each House of Congress shall jointly determine 
with respect to such House--
            (A) the employees of such House whose positions of 
        employment require access to critical intelligence information; 
        and
            (B) appropriate means of applying such sections to such 
        employees.
    (3) In this subsection:
            (A) The term ``critical intelligence information'' has the 
        meaning given such term in section 801(3) of such Act, as so 
        added.
            (B) The term ``leaders of each House of Congress'' means 
        the following:
                    (i) In the case of the Senate, the Majority Leader 
                of the Senate and the Minority Leader of the Senate.
                    (ii) In the case of the House of Representative, 
                the Speaker of the House of Representatives and the 
                Minority Leader of the House of Representatives.

SEC. 3. DISCLOSURE OF CONSUMER CREDIT REPORTS FOR COUNTERINTELLIGENCE 
              PURPOSES.

    Section 608 of the Fair Credit Reporting Act (15 U.S.C. 1681f) is 
amended--
            (1) by striking ``Notwithstanding'' and inserting ``(a) 
        Disclosure of Certain Identifying Information.--
        Notwithstanding''; and
            (2) by adding at the end the following new subsection:
    ``(b) Disclosures to the FBI for Counterintelligence Purposes.--
            ``(1) Consumer reports.--Notwithstanding the provisions of 
        section 604, a consumer reporting agency shall furnish a 
        consumer report to the Federal Bureau of Investigation when 
        presented with a written request for a consumer report, signed 
        by the Director of the Federal Bureau of Investigation, or the 
        Director's designee, who certifies compliance with this 
        subsection. The Director or the Director's designee may make 
        such a certification only if the Director or the Director's 
        designee has determined in writing that--
                    ``(A) such records are necessary for the conduct of 
                an authorized foreign counterintelligence 
                investigation; and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the consumer whose 
                consumer report is sought is a foreign power or an 
                agent of a foreign power, as defined in section 101 of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801).
            ``(2) Identifying information.--Notwithstanding the 
        provisions of section 604, a consumer reporting agency shall 
        furnish identifying information respecting a consumer, limited 
        to name, address, former addresses, places of employment, or 
        former places of employment, to the Federal Bureau of 
        Investigation when presented with a written request, signed by 
        the Director or the Director's designee, which certifies 
        compliance with this subsection. The Director or the Director's 
        designee may make such a certification only if the Director or 
        the Director's designee has determined in writing that--
                    ``(A) such information is necessary to the conduct 
                of an authorized counterintelligence investigation; and
                    ``(B) there is information giving reason to believe 
                that the consumer has been, or is about to be, in 
                contact with a foreign power or an agent of a foreign 
                power, as so defined.
            ``(3) Confidentiality.--No consumer reporting agency or 
        officer, employee, or agent of such consumer reporting agency 
        may disclose to any person, other than those officers, 
        employees, or agents of such agency necessary to fulfill the 
        requirement to disclose information to the Federal Bureau of 
        Investigation under this subsection, that the Federal Bureau of 
        Investigation has sought or obtained a consumer report or 
        identifying information respecting any consumer under paragraph 
        (1) or (2), nor shall such agency, officer, employee, or agent 
        include in any consumer report any information that would 
        indicate that the Federal Bureau of Investigation has sought or 
        obtained such a consumer report or identifying information.
            ``(4) Payment of fees.--The Federal Bureau of Investigation 
        shall, subject to the availability of appropriations, pay to 
        the consumer reporting agency assembling or providing credit 
        reports or identifying information in accordance with 
        procedures established under this title, a fee for 
        reimbursement for such costs as are reasonably necessary and 
        which have been directly incurred in searching, reproducing, or 
        transporting books, papers, records, or other data required or 
        requested to be produced under this subsection.
            ``(5) Limit on dissemination.--The Federal Bureau of 
        Investigation may not disseminate information obtained pursuant 
        to this subsection outside of the Federal Bureau of 
        Investigation, except to the Department of Justice as may be 
        necessary for the approval or conduct of a foreign 
        counterintelligence investigation.
            ``(6) Rules of construction.--Nothing in this subsection 
        shall be construed to prohibit information from being furnished 
        by the Federal Bureau of Investigation pursuant to a subpoena 
        or court order, or in connection with a judicial or 
        administrative proceeding to enforce the provisions of this 
        Act. Nothing in this subsection shall be construed to authorize 
        or permit the withholding of information from Congress.
            ``(7) Reports to congress.--On a semiannual basis, the 
        Attorney General of the United States shall fully inform the 
        Permanent Select Committee on Intelligence and the Committee on 
        Banking, Finance and Urban Affairs of the House of 
        Representatives, and the Select Committee on Intelligence and 
        the Committee on Banking, Housing, and Urban Affairs of the 
        Senate concerning all requests made pursuant to paragraphs (1) 
        and (2).
            ``(8) Damages.--Any agency or department of the United 
        States obtaining or disclosing credit reports, records, or 
        information contained therein in violation of this subsection 
        is liable to the consumer to whom such records relate in an 
        amount equal to the sum of--
                    ``(A) $100, without regard to the volume of records 
                involved;
                    ``(B) any actual damages sustained by the consumer 
                as a result of the disclosure;
                    ``(C) if the violation is found to have been 
                willful or intentional, such punitive damages as a 
                court may allow; and
                    ``(D) in the case of any successful action to 
                enforce liability under this subsection, the costs of 
                the action, together with reasonable attorney fees, as 
                determined by the court.
            ``(9) Disciplinary actions for violations.--If a court 
        determines that any agency or department of the United States 
        has violated any provision of this subsection and the court 
        finds that the circumstances surrounding the violation raise 
        questions of whether or not an officer or employee of the 
        agency or department acted willfully or intentionally with 
        respect to the violation, the agency or department shall 
        promptly initiate a proceeding to determine whether or not 
        disciplinary action is warranted against the officer or 
        employee who was responsible for the violation.
            ``(10) Good-faith exception.--Any credit reporting agency 
        or agent or employee thereof making disclosure of credit 
        reports or identifying information pursuant to this subsection 
        in good-faith reliance upon a certificate of the Federal Bureau 
        of Investigation pursuant to provisions of this subsection 
        shall not be liable to any person for such disclosure under 
        this title, the constitution of any State, or any law or 
        regulation of any State or any political subdivision of any 
        State.
            ``(11) Limitation of remedies.--The remedies and sanction 
        set forth in this subsection shall be the only judicial 
        remedies and sanctions for violation of this subsection.
            ``(12) Injunctive relief.--In addition to any other remedy 
        contained in this subsection, injunctive relief shall be 
        available to require compliance with the procedures of this 
        subsection. In the event of any successful action under this 
        subsection, costs together with reasonable attorney fees, as 
        determined by the court, may be recovered.''.

SEC. 4. FBI ACCESS TO TAX RETURNS FOR COUNTERINTELLIGENCE PURPOSES.

    Section 6103(i) of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new paragraph:
            ``(9) Disclosure for counterintelligence purposes.--
                    ``(A) In general.--Except as provided in paragraph 
                (6), any return or return information with respect to 
                any specified taxable period or periods shall, pursuant 
                to and upon the grant of an ex parte order by a 
                district court judge issued pursuant to section 103 of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1803), be open (but only to the extent necessary 
                as provided in such order) to inspection by, or 
                disclosure to, officers and employees of the Department 
                of Justice who are personally and directly engaged in 
                an authorized counterintelligence investigation solely 
                for the use of such officers and employees in such 
                investigation.
                    ``(B) Application for order.--The Attorney General 
                or the Deputy Attorney General may authorize an 
                application to a judge referred to in subparagraph (A). 
                Upon such application, such judge may grant such an 
                order if the judge determines on the basis of the facts 
                submitted by the applicant that--
                            ``(i) there are specific and articulable 
                        facts giving reason to believe that the person 
                        whose returns or return information is sought 
                        is a foreign power or an agent of a foreign 
                        power, as defined in section 101 of the Foreign 
                        Intelligence Surveillance Act of 1978 (50 
                        U.S.C. 1801);
                            ``(ii) there is reasonable cause to believe 
                        that the return or return information is or may 
                        be relevant to an authorized 
                        counterintelligence investigation;
                            ``(iii) the return or return information is 
                        sought exclusively for use in an authorized 
                        counterintelligence investigation; and
                            ``(iv) the information sought to be 
                        disclosed cannot reasonably be obtained, under 
                        the circumstances, from another source.''.

SEC. 5. 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 
classified information of 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 with respect to such information 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 with respect to such information 
        against the United States; or
            ``(3) leading to the prevention or frustration of an act of 
        espionage with respect to such information against the United 
        States.''.
    (b) Definitions.--Section 3077 of such title is amended by 
inserting at the end thereof the following new paragraphs:
            ``(8) `act of espionage' means an activity that is a 
        violation of--
                    ``(A) section 794 or 798 of title 18, United States 
                Code; or
                    ``(B) section 4 of the Subversive Activities 
                Control Act of 1950 (50 U.S.C. 783).
            ``(9) `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.''.
    (c) Clerical Amendments.--The items relating to chapter 204 in the 
table of chapters at the beginning of such title, and in the table of 
chapters at the beginning of part II of such title, are each amended by 
adding at the end the following: ``and espionage''.

SEC. 6. JURISDICTION OF UNITED STATES COURTS TO TRY CASES INVOLVING 
              ESPIONAGE OUTSIDE THE UNITED STATES.

    (a) In General.--Chapter 211 of title 18, United States Code, is 
amended by inserting after section 3238 the following new section 3239:
``Sec. 3239. Jurisdiction of espionage outside the United States and 
              related offenses
    ``The trial for any offense involving a violation of--
            ``(1) section 793, 794, 798, or 1030(a)(1) of this title;
            ``(2) section 601 of the National Security Act of 1947 (50 
        U.S.C. 421); or
            ``(3) subsection (b) or (c) of section 4 of the Subversive 
        Activities Control Act of 1950 (50 U.S.C. 783 (b) or (c)),
begun or committed upon the high seas or elsewhere out of the 
jurisdiction of any particular State or district, may be prosecuted in 
the District of Columbia, or in the Eastern District of Virginia, or in 
any other district authorized by law.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 211 of such title is amended by inserting after the item 
relating to section 3238 the following:

``3239. Jurisdiction of espionage outside the United States and related 
                            offenses.''.

SEC. 7. LESSER CRIMINAL OFFENSE FOR THE 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) In General.--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 1 year, or both.
    ``(b) Definition.--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. 8. CRIMINAL FORFEITURE FOR VIOLATION OF CERTAIN ESPIONAGE LAWS.

    (a) Title 18.--Section 798 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(d)(1) Any person convicted of a violation of this section shall 
forfeit to the United States irrespective of any provision of State 
law--
            ``(A) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as the 
        result of such violation; and
            ``(B) any of the person's property used, or intended to be 
        used, in any manner or part, to commit, or to facilitate the 
        commission of, such violation.
    ``(2) The court, in imposing sentence on a defendant for a 
conviction of a violation of this section, shall order that the 
defendant forfeit to the United States all property described in 
paragraph (1).
    ``(3) Except as provided in paragraph (4), the provisions of 
subsections (b), (c), and (e) through (p) of section 413 of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 
853 (b), (c), and (e)-(p)) shall apply to--
            ``(A) property subject to forfeiture under this subsection;
            ``(B) any seizure or disposition of such property; and
            ``(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.''.
    (b) Amendments for Consistency in Application of Forfeiture Under 
Title 18.--(1) Section 793(h)(3) of such title is amended in the matter 
above 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 above 
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:
    ``(g)(1) Any person convicted of a violation of this section shall 
forfeit to the United States irrespective of any provision of State 
law--
            ``(A) any property constituting, or derived from, any 
        proceeds the person obtained, directly or indirectly, as the 
        result of such violation; and
            ``(B) any of the person's property used, or intended to be 
        used, in any manner or part, to commit, or to facilitate the 
        commission of, such violation.
    ``(2) The court, in imposing sentence on a defendant for a 
conviction of a violation of this section, shall order that the 
defendant forfeit to the United States all property described in 
paragraph (1).
    ``(3) Except as provided in paragraph (4), the provisions of 
subsections (b), (c), and (e) through (p) of section 413 of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 
853 (b), (c), and (e)-(p)) shall apply to--
            ``(A) property subject to forfeiture under this subsection;
            ``(B) any seizure or disposition of such property; and
            ``(C) any administrative or judicial proceeding in relation 
        to such property, if not inconsistent with this subsection.
    ``(4) Notwithstanding section 524(c) of title 28, United States 
Code, 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.''.

                                 <all>

S 1948 IS----2
S 1948 IS----3
```