II

Calendar No. 502

103D CONGRESS

2D SESSION S. 2056

[Report No. 103–296]

To amend the National Security Act of 1947 to improve the counterintelligence and security posture of the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 2, 1994

Mr. DECONCINI (for himself and Mr. WARNER) (by request) introduced the

following bill; which was read twice and referred to the Select Committee

on Intelligence

JUNE 30 (legislative day, JUNE 7), 1994

Reported by Mr. DECONCINI, with amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the National Security Act of 1947 to improve

the counterintelligence and security posture of the United

States, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Counterintelligence

5 and Security Enhancements Act of 1994’’.
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1 SEC. 2. AMENDMENT TO THE NATIONAL SECURITY ACT OF

2 1947.

3 The National Security Act of 1947 (50 U.S.C. 401

4 et seq.) is amended by inserting at the end thereof the

5 following new title:

6 ‘‘TITLE VIII—ACCESS TO CLASSIFIED

7 INFORMATION

8 ‘‘SEC. 801. The provisions of this title shall not apply

9 to the President and Vice President, Members of the Con10 gress, Justices of the Supreme Court, and Federal judges

11 appointed by the President.

12 ‘‘SEC. 802. The President shall, within one hundred

13 and eighty days of enactment of this title, direct the issu14 ance of a regulation to govern access to classified informa15 tion which shall be binding upon all departments, agen16 cies, and offices of the executive branch.

17 ‘‘SEC. 803. Except as may be provided for in the reg18 ulation issued under section 802 of this title, no person

19 shall be given access to classified information, after the

20 effective date of this title, by any department, agency, or

21 office of the executive branch unless, based upon an appro22 priate background investigation, such access is determined

23 to be clearly consistent with the interests of national secu24 rity.
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1 ‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES

2 ‘‘SEC. 804. (a)(1) Any authorized investigative agen3 cy may request from any financial agency, financial insti4 tution, or holding company, as defined in section 5312 of

5 the Currency and Foreign Transactions Reporting Act (31

6 U.S.C. 5312, as amended) or section 1101 of the Right

7 to Financial Privacy Act of 1978 (12 U.S.C. 3401), or

8 from any consumer credit reporting agency, as defined in

9 section 603 of the Consumer Credit Protection Act (15

10 U.S.C. 1681a), such financial records, other financial in11 formation, and consumer reports as are necessary in order

12 to conduct any authorized law enforcement investigation,

13 counterintelligence inquiry, or security determination. Any

14 authorized investigative agency may also request records

15 maintained by any commercial entity within the United

16 States pertaining to travel by a person outside the United

17 States.

18 ‘‘(2) Requests may be made under this section

19 where—

20 ‘‘(A) the records sought pertain to a person

21 who is or was an employee required by the President

22 in an Executive order, as a condition of access to

23 classified information, to provide consent, during a

24 background investigation and for such time as ac25 cess to the information is maintained, and for not
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1 more than 5 years thereafter, permitting access to

2 financial records, other financial information,

3 consumer reports, and travel records; and

4 ‘‘(B) there is information or allegations indicat5 ing that the person is, or may be, disclosing classi6 fied information in an unauthorized manner to a for7 eign power or agent of a foreign power, or an issue

8 of otherwise unexplained affluence or excessive in9 debtedness arises in the course of any background

10 investigation or reinvestigation.

11 ‘‘(3) Each such request—

12 ‘‘(A) shall be accompanied by a written certifi13 cation signed by the department or agency head or

14 deputy department or agency head concerned and

15 shall certify that—

16 ‘‘(i) the person concerned is or was an em17 ployee within the meaning of subparagraph

18 (2)(A) above;

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

20 an authorized inquiry or investigation and is

21 authorized under this section; and

22 ‘‘(iii) the records or information to be re23 viewed are records or information which the

24 employee has previously agreed to make avail-
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1 able to the authorized investigative agency for

2 review;

3 ‘‘(B) shall contain a copy of the agreement re4 ferred to in subparagraph (A)(iii);

5 ‘‘(C) shall identify specifically or by category

6 the records or information to be reviewed; and

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

8 the prohibition described in subsection (b).

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

10 governmental or private entity, or officer, employee, or

11 agent of such entity, may disclose to any person, other

12 than those officers, employees, or agents of such entity

13 necessary to satisfy a request made under this section,

14 that such entity has received or satisfied a request made

15 by an authorized investigative agency under this section.

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

17 except section 6103 of title 26, United States Code, an

18 entity receiving a request for records or information under

19 subsection (a) shall, if the request satisfies the require20 ments of this section, make available such records or infor21 mation within thirty days for inspection or copying, as

22 may be appropriate, by the agency requesting such records

23 or information.

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

25 agent thereof) that discloses records or information for in-
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1 spection or copying pursuant to this section in good faith

2 reliance upon the certifications made by an agency pursu3 ant to this section shall not be liable for any such disclo4 sure to any person under this title, the constitution of any

5 State, or any law or regulation of any State or any politi6 cal subdivision of any State.

7 ‘‘(d) Subject to the availability of appropriations

8 therefor, any agency requesting records or information

9 under this section may reimburse a private entity for any

10 cost reasonably incurred by such entity in responding to

11 such request, including the cost of identifying, reproduc12 ing, or transporting records or other data.

13 ‘‘(e) An agency receiving records or information pur14 suant to a request under this section may disseminate the

15 records or information obtained pursuant to such request

16 outside the agency only to the agency employing the em17 ployee who is the subject of the records or information,

18 to the Department of Justice for law enforcement or coun19 terintelligence purposes, or, with respect to dissemination

20 to an agency of the United States, only if such information

21 is clearly relevant to the authorized responsibilities of such

22 agency.

23 ‘‘(f) Nothing in this section shall affect the authority

24 of an investigative agency to obtain information pursuant

25 to the Right to Financial Privacy Act (12 U.S.C. 3401
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1 et seq.) or the Fair Credit Reporting Act (15 U.S.C. 1681

2 et seq.).

3 ‘‘DEFINITIONS

4 ‘‘SEC. 805. For purposes of this title—

5 ‘‘(a) the phrase ‘classified information’ means

6 any information that has been determined pursuant

7 to Executive Order No. 12356 of April 2, 1982, or

8 successor orders, or the Atomic Energy Act of 1954,

9 to require protection against unauthorized disclosure

10 and that is so designated;

11 ‘‘(b) the term ‘employee’ includes any person

12 who receives a salary or compensation of any kind

13 from the United States Government, is a contractor

14 of the United States Government or an employee

15 thereof, is an unpaid consultant of the United States

16 Government, or otherwise acts for or on behalf of

17 the United States Government;

18 ‘‘(c) the term ‘authorized investigative agency’

19 means an agency authorized by law or regulation to

20 conduct a counterintelligence investigation or inves21 tigations of persons who are proposed for access to

22 classified information to ascertain whether such per23 sons satisfy the criteria for obtaining and retaining

24 access to such information; and

25 ‘‘(d) the term ‘State’ means any State of the

26 United States, the District of Columbia, the Com-
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1 monwealth of Puerto Rico, the Trust Territory of

2 the Pacific Islands, and any territory or possession

3 of the United States.

4 ‘‘EFFECTIVE DATE

5 ‘‘SEC. 806. This title shall take effect one hundred

6 eighty days after the date of its enactment.’’.

7 SEC. 3. DISCLOSURE OF CONSUMER CREDIT REPORTS FOR

8 COUNTERINTELLIGENCE PURPOSES.

9 Section 608 of the Fair Credit Reporting Act (15

10 U.S.C. 1681f) is amended—

11 (1) by striking ‘‘Notwithstanding’’ and insert12 ing ‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING IN13 FORMATION.—Notwithstanding’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(b) DISCLOSURES TO THE FBI FOR COUNTER17 INTELLIGENCE PURPOSES.—

18 ‘‘(1) CONSUMER REPORTS.—Notwithstanding

19 the provisions of section 604, a consumer reporting

20 agency shall furnish a consumer report to the Fed21 eral Bureau of Investigation when presented with a

22 written request for a consumer report, signed by the

23 Director or Deputy Director of the Federal Bureau

24 of Investigation who certifies compliance with this

25 subsection. The Director or Deputy Director may
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1 make such a certification only if he has determined

2 in writing that—

3 ‘‘(A) such records are necessary for the

4 conduct of an authorized foreign counterintel5 ligence investigation; and

6 ‘‘(B) there are specific and articulable

7 facts giving reason to believe that the consumer

8 whose consumer report is sought is a foreign

9 power or an agent of a foreign power, as de10 fined in section 101 of the Foreign Intelligence

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

12 ‘‘(2) IDENTIFYING INFORMATION.—Notwith13 standing the provisions of section 604, a consumer

14 reporting agency shall furnish identifying informa15 tion respecting a consumer, limited to name, ad16 dress, former addresses, places of employment, or

17 former places of employment, to the Federal Bureau

18 of Investigation when presented with a written re19 quest, signed by the Director or Deputy Director,

20 which certifies compliance with this subsection. The

21 Director or Deputy Director may make such certifi22 cation only if the Director or Deputy Director has

23 determined in writing that—
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1 ‘‘(A) such information is necessary to the

2 conduct of an authorized foreign counterintel3 ligence investigation; and

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

5 believe that the consumer has been, or is about

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

7 agent of a foreign power, as so defined.

8 ‘‘(3) CONFIDENTIALITY.—No consumer report9 ing agency or officer, employee, or agent of such

10 consumer reporting agency may disclose to any per11 son, other than those officers, employees, or agents

12 of such agency necessary to fulfill the requirement

13 to disclose information to the Federal Bureau of In14 vestigation under this subsection, that the Federal

15 Bureau of Investigation has sought or obtained a

16 consumer report or identifying information respect17 ing any consumer under paragraph (1) or (2), nor

18 shall such agency, officer, employee, or agent include

19 in any consumer report any information that would

20 indicate that the Federal Bureau of Investigation

21 has sought or obtained such a consumer report or

22 identifying information.

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

24 of Investigation may, subject to the availability of

25 appropriations, pay to the consumer reporting agen-
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1 cy assembling or providing credit reports or identify2 ing information in accordance with this title, a fee

3 for reimbursement for such costs as are reasonably

4 necessary and which have been directly incurred in

5 searching, reproducing, or transporting books, pa6 pers, records, or other data required or requested to

7 be produced under this subsection.

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

9 Bureau of Investigation may not disseminate infor10 mation obtained pursuant to this subsection outside

11 of the Federal Bureau of Investigation, except to the

12 Department of Justice or as may be necessary for

13 the conduct of a foreign counterintelligence inves14 tigation.

15 ‘‘(6) RULES OF CONSTRUCTION.—Nothing in

16 this subsection shall be construed to prohibit infor17 mation from being furnished by the Federal Bureau

18 of Investigation pursuant to a subpoena or court

19 order, or in connection with a judicial or administra20 tive proceeding to enforce the provisions of this Act.

21 Nothing in this subsection shall be construed to au22 thorize or permit the withholding of information

23 from Congress.

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

25 basis, the Attorney General of the United States
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1 shall fully inform the Permanent Select Committee

2 on Intelligence of the House of Representatives and

3 the Select Committee on Intelligence of the Senate

4 concerning all requests made pursuant to para5 graphs (1) and (2).

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

7 the United States obtaining or disclosing credit re8 ports, records, or information contained therein in

9 violation of this subsection is liable to the consumer

10 to whom such records relate in an amount equal to

11 the sum of—

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

13 of records involved;

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

15 consumer as a result of the disclosure;

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

17 willful or intentional, such punitive damages as

18 a court may allow; and

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

20 enforce liability under this subsection, the costs

21 of the action, together with reasonable attor22 ney’s fees, as determined by the court.

23 ‘‘(9) GOOD FAITH EXCEPTION.—Any credit re24 porting agency or agent or employee thereof making

25 disclosure of credit reports or identifying informa-
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1 tion pursuant to this subsection in good faith reli2 ance upon a certificate of the Federal Bureau of In3 vestigation pursuant to this subsection shall not be

4 liable to any person for such disclosure under this

5 title, the constitution of any State, or any law or

6 regulation of any State or any political subdivision

7 of any State. As used in this subsection, the term

8 ‘State’ means any State of the United States, the

9 District of Columbia, the Commonwealth of Puerto

10 Rico, the Trust Territory of the Pacific Islands, and

11 any territory or possession of the United States.

12 ‘‘(10) LIMITATION OF REMEDIES.—The rem13 edies set forth in this subsection shall be the only ju14 dicial remedies for violation of this subsection.

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

16 other remedy contained in this subsection, injunctive

17 relief shall be available to require compliance with

18 the procedures of this subsection. In the event of

19 any successful action under this subsection, costs of

20 the action, together with reasonable attorney’s fees,

21 as determined by the court, may be recovered.’’.

22 SEC. 4. REWARDS FOR INFORMATION CONCERNING ESPIO23 NAGE.

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

25 States Code, is amended—
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1 (1) by inserting ‘‘(a)’’ before ‘‘With respect to’’;

2 and

3 (2) by adding at the end the following new sub4 section:

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

6 directed at the United States, the Attorney General may

7 reward any individual who furnishes information—

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

9 country, of any individual or individuals for commis10 sion of an act of espionage against the United

11 States;

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

13 country, of any individual or individuals for conspir14 ing or attempting to commit an act of espionage

15 against the United States; or

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

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

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

19 amended by inserting at the end thereof the following new

20 paragraph:

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

22 a violation of—

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

24 United States Code;
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1 ‘‘(B) section 783(b) of title 50, United

2 States Code; or

3 ‘‘(C) section 4 of the Subversive Activities

4 Control Act of 1950 (50 U.S.C. 783).’’.

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

6 chapter 24 in the table of chapters at the beginning of

7 such title, and in the table of chapters at the beginning

8 of part II of such title, are each amended by adding at

9 the end the following: ‘‘and espionage.’’.

10 SEC. 5. ESPIONAGE NOT COMMITTED IN ANY DISTRICT.

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

12 States Code, is amended by inserting after section 3238

13 the following new section:

14 ‘‘SEC. 3239. Espionage and related offenses not com15 mitted in any district.

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

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

18 of this title;

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

20 1947 (50 U.S.C. 421); or

21 ‘‘(3) subsection (b) or (c) of section 4 of the

22 Subversive Activities Control Act of 1950 (50 U.S.C.

23 783 (b) or (c)), begun or committed upon the high

24 seas or elsewhere out of the jurisdiction of any par25 ticular State or district, may be in the District of
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1 Columbia or in any other district authorized by

2 law.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of chapter 211 of such title is amended

5 by inserting after the item relating to section 3238 the

6 following: ‘‘3239. Jurisdiction of espionage outside the

7 United States and related offenses.’’.

8 SEC. 6. CRIMINAL FORFEITURE FOR VIOLATION OF CER9 TAIN ESPIONAGE LAWS.

10 (a) Section 798 of title 18, United States Code, is

11 amended by adding at the end the following new sub12 sections:

13 ‘‘(d)(1) Any person convicted of a violation of this

14 section shall forfeit to the United States irrespective of

15 any provision of State law—

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

17 any proceeds the person obtained, directly or indi18 rectly, as the result of such violation; and

19 ‘‘(B) any of the person’s property used, or in20 tended to be used, in any manner or part, to com21 mit, or to facilitate the commission of, such viola22 tion.

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

24 for a conviction of a violation of this section, shall order
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1 that the defendant forfeit to the United States all property

2 described in paragraph (1).

3 ‘‘(3) Except as provided in paragraph (4), the provi4 sions of subsections (b), (c), and (e) through (p) of section

5 413 of the Comprehensive Drug Abuse Prevention and

6 Control Act of 1970 (21 U.S.C. 853 (b), (c), and (e)–(p))

7 shall apply to—

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

9 subsection;

10 ‘‘(B) any seizure or disposition of such prop11 erty; and

12 ‘‘(C) any administrative or judicial proceeding

13 in relation to such property, if not inconsistent with

14 this subsection.

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

16 shall be deposited in the Crime Victims Fund established

17 under section 1402 of the Victims of Crime Act of 1984

18 (42 U.S.C. 10601) all amounts from the forfeiture of

19 property under this subsection remaining after the pay20 ment of expenses for forfeiture and sale authorized by law.

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

22 term ‘State’ means any State of the United States, the

23 District of Columbia, the Commonwealth of Puerto Rico,

24 the Trust Territory of the Pacific Islands, and any terri25 tory or possession of the United States.’’.
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1 (b) AMENDMENTS FOR CONSISTENCY IN APPLICA2 TION OF FORFEITURE UNDER TITLE 18.—(1) Section

3 793(h)(3) of such title is amended in the matter above

4 subparagraph (A) by striking out ‘‘(o)’’ each place it ap5 pears and inserting in lieu thereof ‘‘(p)’’.

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

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

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

9 (c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Sec10 tion 4 of the Subversive Activities Control Act of 1950

11 (50 U.S.C. 783) is amended by adding at the end the fol12 lowing new subsection:

13 ‘‘(g)(1) Any person convicted of a violation of this

14 section shall forfeit to the United States irrespective of

15 any provision of State law—

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

17 any proceeds the person obtained, directly or indi18 rectly, as the result of such violation; and

19 ‘‘(B) any of the person’s property used, or in20 tended to be used, in any manner or part, to com21 mit, or to facilitate the commission of, such viola22 tion.

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

24 for a conviction of a violation of this section, shall order
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1 that the defendant forfeit to the United States all property

2 described in paragraph (1).

3 ‘‘(3) Except as provided in paragraph (4), the provi4 sions of subsections (b), (c), and (e) through (p) of section

5 413 of the Comprehensive Drug Abuse Prevention and

6 Control Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p))

7 shall apply to—

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

9 subsection;

10 ‘‘(B) any seizure or disposition of such prop11 erty; and

12 ‘‘(C) any administrative or judicial proceeding

13 in relation to such property, if not inconsistent with

14 this subsection.

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

16 shall be deposited in the Crime Victims Fund established

17 under section 1402 of the Victims of Crime Act of 1984

18 (42 U.S.C. 10601) all amounts from the forfeiture of

19 property under this subsection remaining after the pay20 ment of expenses for forfeiture and sale authorized by

21 law.’’.
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1 SEC. 7. DENIAL OF ANNUITIES OR RETIRED PAY TO PER2 SONS CONVICTED OF ESPIONAGE IN FOR3 EIGN COURTS INVOLVING UNITED STATES IN4 FORMATION.

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

6 amended by adding at the end thereof the following new

7 section—

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

9 an offense within the meaning of such subsections is es10 tablished if the Attorney General certifies to the agency

11 administering the annuity or retired pay concerned—

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

13 has been convicted by an impartial court of appro14 priate jurisdiction within a foreign country in cir15 cumstances in which the conduct violates the provi16 sions of law enumerated in subsections (b)(1) and

17 (c)(1), or would violate such provisions had such

18 conduct taken place with the United States, and

19 that such conviction is not being appealed or that

20 final action has been taken on such appeal;

21 ‘‘(2) that such conviction was obtained in ac22 cordance with procedures that provided the defend23 ant due process rights comparable to such rights

24 provided by the United States Constitution, and

25 such conviction was based upon evidence which
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1 would have been admissible in the courts of the

2 United States; and

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

4 date of enactment of this subsection.’’.

5 SECTION 1. SHORT TITLE.

6 This Act may be cited as the ‘‘Counterintelligence and

7 Security Enhancements Act of 1994’’.

8 SEC. 2. ACCESS TO CLASSIFIED INFORMATION.

9 (a) AMENDMENT OF THE NATIONAL SECURITY ACT OF

10 1947.—The National Security Act of 1947 (50 U.S.C. 401

11 et seq.) is amended by adding at the end the following new

12 title:

13 ‘‘TITLE VIII—ACCESS TO CLASSIFIED

14 INFORMATION

15 ‘‘PROCEDURES

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

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

18 order or regulation, establish procedures to govern access

19 to classified information which shall be binding upon all

20 departments, agencies, and offices of the executive branch

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

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

23 the President, no employee in the executive branch of

24 Government may be given access to classified infor25 mation by any department, agency, or office of the ex-
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1 ecutive branch of Government unless, based upon an

2 appropriate background investigation, such access is

3 determined to be clearly consistent with the national

4 security interests of the United States;

5 ‘‘(2) establish uniform minimum requirements

6 governing the scope and frequency of background in7 vestigations and reinvestigations for all employees in

8 the executive branch of Government who require ac9 cess to classified information as part of their official

10 responsibilities;

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

12 branch of Government who require access to classified

13 information shall be required as a condition of such

14 access to provide written consent to the employing de15 partment or agency which permits access by an au16 thorized investigative agency to relevant financial

17 records, other financial information, consumer re18 ports, and travel records, as determined by the Presi19 dent, in accordance with section 802 of this title, dur20 ing the period of access to classified information and

21 for a period of five years thereafter;

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

23 branch of Government who require access to particu24 larly sensitive classified information, as determined

25 by the President, shall be required, as a condition of
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1 maintaining access to such information, to submit to

2 the employing department or agency, during the pe3 riod of such access, relevant information concerning

4 their financial conditions and foreign travel, as deter5 mined by the President, as may be necessary to en6 sure appropriate security; and

7 ‘‘(5) establish uniform minimum standards to

8 ensure that employees whose access to classified infor9 mation is being denied or terminated under this title

10 are appropriately advised of the reasons for such de11 nial or termination and are provided an adequate op12 portunity to respond to all adverse information which

13 forms the basis for such denial or termination before

14 final action by the department or agency concerned,

15 except that, wherever such information is derived

16 from a classified source, appropriate measures shall

17 be taken to conceal the identity of such source from

18 the employee concerned.

19 ‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES

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

21 may request from any financial agency, financial institu22 tion, or holding agency, or from any consumer credit re23 porting agency, such financial records, other financial in24 formation, and consumer reports as may be necessary in

25 order to conduct any authorized law enforcement investiga26 tion, counterintelligence inquiry, or security determination.
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1 Any authorized investigative agency may also request

2 records maintained by any commercial entity within the

3 United States pertaining to travel by a person outside the

4 United States.

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

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

7 is or was an employee required by the President in

8 an Executive order or regulation, as a condition of

9 access to classified information, to provide consent,

10 during a background investigation and for such time

11 as access to the information is maintained, and for

12 a period of not more than 5 years thereafter, permit13 ting access to financial records, other financial infor14 mation, consumer reports, and travel records; and

15 ‘‘(B)(i) there is information or allegations indi16 cating that the person is, or may be, disclosing classi17 fied information in an unauthorized manner to a for18 eign power or agent of a foreign power;

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

20 employing agency indicating the person has incurred

21 excessive indebtedness or has acquired a level of afflu22 ence which cannot be explained by other information

23 known to the agency; or

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

25 capability and opportunity to disclose classified in-
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1 formation which is known to have been lost or com2 promised to a foreign power or an agent of a foreign

3 power.

4 ‘‘(3) Each such request—

5 ‘‘(A) shall be accompanied by a written certifi6 cation signed by the department or agency head or

7 deputy department or agency head concerned, or by

8 a senior official designated for this purpose by the de9 partment or agency head concerned (whose rank shall

10 be no lower than Assistant Secretary or Assistant Di11 rector), and shall certify that—

12 ‘‘(i) the person concerned is or was an em13 ployee within the meaning of paragraph (2)(A);

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

15 an authorized inquiry or investigation and is

16 authorized under this section; and

17 ‘‘(iii) the records or information to be re18 viewed are records or information which the em19 ployee has previously agreed to make available to

20 the authorized investigative agency for review;

21 ‘‘(B) shall contain a copy of the agreement re22 ferred to in subparagraph (A)(iii);

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

24 records or information to be reviewed; and
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1 ‘‘(D) shall inform the recipient of the request of

2 the prohibition described in subsection (b).

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

4 governmental or private entity, or officer, employee, or

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

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

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

8 has received or satisfied a request made by an authorized

9 investigative agency under this section.

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

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

12 1986), an entity receiving a request for records or informa13 tion under subsection (a) shall, if the request satisfies the

14 requirements of this section, make available such records or

15 information within 30 days for inspection or copying, as

16 may be appropriate, by the agency requesting such records

17 or information.

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

19 agent thereof) that discloses records or information for in20 spection or copying pursuant to this section in good faith

21 reliance upon the certifications made by an agency pursu22 ant to this section shall not be liable for any such disclosure

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

24 or any law or regulation of any State or any political sub25 division of any State.
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1 ‘‘(d) Any agency requesting records or information

2 under this section may, subject to the availability of appro3 priations, reimburse a private entity for any cost reason4 ably incurred by such entity in responding to such request,

5 including the cost of identifying, reproducing, or transport6 ing records or other data.

7 ‘‘(e) An agency receiving records or information pur8 suant to a request under this section may disseminate the

9 records or information obtained pursuant to such request

10 outside the agency only—

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

12 is the subject of the records or information;

13 ‘‘(2) to the Department of Justice for law en14 forcement or counterintelligence purposes; or

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

16 of the United States, if such information is clearly

17 relevant to the authorized responsibilities of such

18 agency.

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

20 the authority of an investigative agency to obtain informa21 tion pursuant to the Right to Financial Privacy Act (12

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

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

24 ‘‘EXCEPTIONS

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

26 the provisions of this title shall not apply to the President
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1 and Vice President, Members of the Congress, Justices of

2 the Supreme Court, and Federal judges appointed by the

3 President.

4 ‘‘DEFINITIONS

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

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

7 means an agency authorized by law or regulation to

8 conduct a counterintelligence investigation or inves9 tigations of persons who are proposed for access to

10 classified information to ascertain whether such per11 sons satisfy the criteria for obtaining and retaining

12 access to such information;

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

14 information that has been determined pursuant to

15 Executive Order No. 12356 of April 2, 1982, or suc16 cessive orders, or the Atomic Energy Act of 1954, to

17 require protection against unauthorized disclosure

18 and that is so designated;

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

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

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

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

23 who receives a salary or compensation of any kind

24 from the United States Government, is a contractor

25 of the United States Government or an employee

26 thereof, is an unpaid consultant of the United States
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1 Government, or otherwise acts for or on behalf of the

2 United States Government;

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

4 institution’ have the meanings given to such terms in

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

6 the term ‘holding agency’ has the meaning given to

7 such term in section 1101(6) of the Right to Finan8 cial Privacy Act of 1978 (12 U.S.C. 3401);

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

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

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

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

13 1801); and

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

15 States of the United States, the District of Columbia,

16 the Commonwealth of Puerto Rico, the Commonwealth

17 of the Northern Mariana Islands, the United States

18 Virgin Islands, Guam, American Samoa, the Repub19 lic of the Marshall Islands, the Federated States of

20 Micronesia, and the Republic of Palau (until such

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

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

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

24 the National Security Act of 1947 is amended by adding

25 at the end the following:
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‘‘TITLE VIII—ACCESS TO CLASSIFIED INFORMATION

‘‘Sec. 801. Procedures.

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

‘‘Sec. 803. Exceptions.

‘‘Sec. 804. Definitions.’’.

1 (c) EFFECTIVE DATE.—The amendments made by sub2 sections (a) and (b) shall take effect 180 days after the date

3 of enactment of this Act.

4 SEC. 3. COORDINATION OF COUNTERINTELLIGENCE AC5 TIVITIES.

6 (a) ESTABLISHMENT OF COUNTERINTELLIGENCE POL7 ICY BOARD.—(1) There is established within the executive

8 branch of Government a National Counterintelligence Pol9 icy Board (in this section referred to as the ‘‘Board’’). The

10 Board shall report to the President through the National

11 Security Council.

12 (2) The Board shall consist of the following individ13 uals:

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

15 Chair.

16 (B) The Secretary of Defense.

17 (C) The Director of Central Intelligence.

18 (D) The Director of the Federal Bureau of Inves19 tigation.

20 (E) The Assistant to the President for National

21 Security Affairs.
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1 (b) FUNCTION OF THE BOARD.—The Board shall serve

2 as the principal mechanism for—

3 (1) developing policies and procedures for the ap4 proval of the President to govern the conduct of coun5 terintelligence activities; and

6 (2) resolving conflicts, as directed by the Presi7 dent, which may arise between elements of the Gov8 ernment which carry out such activities.

9 (c) COORDINATION OF COUNTERINTELLIGENCE MAT10 TERS WITH THE FEDERAL BUREAU OF INVESTIGATION.—

11 (1) The head of each department or agency within the exec12 utive branch of Government shall ensure that—

13 (A) the Federal Bureau of Investigation is ad14 vised immediately of any information, regardless of

15 its source, which indicates that classified information

16 is being, or may have been, disclosed in an unauthor17 ized manner to a foreign power or an agent of a for18 eign power;

19 (B) following a report made pursuant to sub20 paragraph (A), the Federal Bureau of Investigation is

21 consulted with respect to all subsequent actions which

22 may be undertaken by the department or agency con23 cerned to determine the source of such loss or com24 promise; and
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1 (C) where, after appropriate consultation with

2 the department or agency concerned, the Federal Bu3 reau of Investigation undertakes investigative activi4 ties to determine the source of the loss or compromise,

5 the Bureau is given complete and timely access to its

6 employees and records for purposes of such investiga7 tive activities.

8 (2) Beginning on February 1, 1995, and each year

9 thereafter, the Director of the Federal Bureau of Investiga10 tion shall, in consultation with the Director of Central In11 telligence and the Secretary of Defense, submit a report to

12 the Select Committee on Intelligence of the Senate and to

13 the Permanent Select Committee on Intelligence of the

14 House of Representatives with respect to compliance with

15 paragraph (1) during the preceding calendar year.

16 (3) Nothing in this subsection may be construed to

17 alter the existing jurisdictional arrangements between the

18 Federal Bureau of Investigation and the Department of De19 fense with respect to investigations of persons subject to the

20 Uniform Code of Military Justice, nor to impose additional

21 reporting requirements upon the Department of Defense

22 with respect to such investigations other than those required

23 by existing law and executive branch policy.

24 (4) As used in this subsection, the terms ‘foreign power’

25 and ‘agent of a foreign power’ have the same meanings as
33

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1 set forth in sections 101(a) and (b), respectively, of the For2 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

3 SEC. 4. DISCLOSURE OF CONSUMER CREDIT REPORTS FOR

4 COUNTERINTELLIGENCE PURPOSES.

5 Section 608 of the Fair Credit Reporting Act (15

6 U.S.C. 1681f) is amended—

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

8 ‘‘(a) DISCLOSURE OF CERTAIN IDENTIFYING INFOR9 MATION.—Notwithstanding’’; and

10 (2) by adding at the end the following new sub11 section:

12 ‘‘(b) DISCLOSURES TO THE FBI FOR COUNTERINTEL13 LIGENCE PURPOSES.—

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

15 provisions of section 604, a consumer reporting agen16 cy shall furnish a consumer report to the Federal Bu17 reau of Investigation when presented with a written

18 request for a consumer report, signed by the Director

19 or Deputy Director of the Federal Bureau of Inves20 tigation who certifies compliance with this subsection.

21 The Director or Deputy Director may make such a

22 certification only if he has determined in writing

23 that—
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1 ‘‘(A) such records are necessary for the con2 duct of an authorized foreign counterintelligence

3 investigation; and

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

5 giving reason to believe that the consumer whose

6 consumer report is sought is a foreign power or

7 an agent of a foreign power, as defined in sec8 tion 101 of the Foreign Intelligence Surveillance

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

10 ‘‘(2) IDENTIFYING INFORMATION.—Notwithstand11 ing the provisions of section 604, a consumer report12 ing agency shall furnish identifying information re13 specting a consumer, limited to name, address, former

14 addresses, places of employment, or former places of

15 employment, to the Federal Bureau of Investigation

16 when presented with a written request, signed by the

17 Director or Deputy Director, which certifies compli18 ance with this subsection. The Director or Deputy Di19 rector may make such certification only if the Direc20 tor or Deputy Director has determined in writing

21 that—

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

23 conduct of an authorized foreign counterintel24 ligence investigation; and
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1 ‘‘(B) there is information giving reason to

2 believe that the consumer has been, or is about

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

4 agent of a foreign power, as so defined.

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

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

7 reporting agency may disclose to any person, other

8 than those officers, employees, or agents of such agen9 cy necessary to fulfill the requirement to disclose in10 formation to the Federal Bureau of Investigation

11 under this subsection, that the Federal Bureau of In12 vestigation has sought or obtained a consumer report

13 or identifying information respecting any consumer

14 under paragraph (1) or (2), nor shall such agency, of15 ficer, employee, or agent include in any consumer re16 port any information that would indicate that the

17 Federal Bureau of Investigation has sought or ob18 tained such a consumer report or identifying infor19 mation.

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

21 Investigation may, subject to the availability of ap22 propriations, pay to the consumer reporting agency

23 assembling or providing credit reports or identifying

24 information in accordance with this title, a fee for re25 imbursement for such costs as are reasonably nec-
36

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1 essary and which have been directly incurred in

2 searching, reproducing, or transporting books, papers,

3 records, or other data required or requested to be pro4 duced under this subsection.

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

6 Bureau of Investigation may not disseminate infor7 mation obtained pursuant to this subsection outside of

8 the Federal Bureau of Investigation, except to the De9 partment of Justice or as may be necessary for the

10 conduct of a foreign counterintelligence investigation.

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

12 subsection shall be construed to prohibit information

13 from being furnished by the Federal Bureau of Inves14 tigation pursuant to a subpoena or court order, or in

15 connection with a judicial or administrative proceed16 ing to enforce the provisions of this Act. Nothing in

17 this subsection shall be construed to authorize or per18 mit the withholding of information from Congress.

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

20 basis, the Attorney General of the United States shall

21 fully inform the Permanent Select Committee on In22 telligence of the House of Representatives and the Se23 lect Committee on Intelligence of the Senate concern24 ing all requests made pursuant to paragraphs (1) and

25 (2).
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1 ‘‘(8) DAMAGES.—Any agency or department of

2 the United States obtaining or disclosing credit re3 ports, records, or information contained therein in

4 violation of this subsection is liable to the consumer

5 to whom such records relate in an amount equal to

6 the sum of—

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

8 records involved;

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

10 consumer as a result of the disclosure;

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

12 willful or intentional, such punitive damages as

13 a court may allow; and

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

15 enforce liability under this subsection, the costs

16 of the action, together with reasonable attorney’s

17 fees, as determined by the court.

18 ‘‘(9) GOOD FAITH EXCEPTION.—Any credit re19 porting agency or agent or employee thereof making

20 disclosure of credit reports or identifying information

21 pursuant to this subsection in good faith reliance

22 upon a certificate of the Federal Bureau of Investiga23 tion pursuant to this subsection shall not be liable to

24 any person for such disclosure under this title, the

25 constitution of any State, or any law or regulation
38

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1 of any State or any political subdivision of any

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

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

4 Columbia, the Commonwealth of Puerto Rico, the

5 Trust Territory of the Pacific Islands, and any terri6 tory or possession of the United States.

7 ‘‘(10) LIMITATION OF REMEDIES.—The remedies

8 set forth in this subsection shall be the only judicial

9 remedies for violation of this subsection.

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

11 other remedy contained in this subsection, injunctive

12 relief shall be available to require compliance with the

13 procedures of this subsection. In the event of any suc14 cessful action under this subsection, costs of the ac15 tion, together with reasonable attorney’s fees, as deter16 mined by the court, may be recovered.’’.

17 SEC. 5. REWARDS FOR INFORMATION CONCERNING ESPIO18 NAGE.

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

20 Code, is amended—

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

22 and

23 (2) by adding at the end the following new sub24 section:
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1 ‘‘(b) With respect to acts of espionage involving or di2 rected at the United States, the Attorney General may re3 ward any individual who furnishes information—

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

5 country, of any individual or individuals for commis6 sion of an act of espionage against the United States;

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

8 country, of any individual or individuals for conspir9 ing or attempting to commit an act of espionage

10 against the United States; or

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

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

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

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

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

16 a violation of—

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

18 United States Code; or

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

20 States Code.’’.

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

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

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

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

25 the following: ‘‘and espionage.’’.
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1 SEC. 6. ESPIONAGE NOT COMMITTED IN ANY DISTRICT.

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

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

4 following new section:

5 ‘‘§ 3239. Espionage and related offenses not committed

6 in any district

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

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

9 this title,

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

11 1947 (50 U.S.C. 421), or

12 ‘‘(3) subsection (b) or (c) of section 4 of the Sub13 versive Activities Control Act of 1950 (50 U.S.C. 783

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

15 elsewhere out of the jurisdiction of any particular

16 State or district,

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

18 authorized by law.’’.

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

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

21 inserting after the item relating to section 3238 the follow22 ing:

‘‘3239. Espionage and related offenses not committed in any district.’’.
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1 SEC. 7. CRIMINAL FORFEITURE FOR VIOLATION OF CER2 TAIN ESPIONAGE LAWS.

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

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

5 new subsections:

6 ‘‘(d)(1) Any person convicted of a violation of this sec7 tion shall forfeit to the United States irrespective of any

8 provision of State law—

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

10 any proceeds the person obtained, directly or indi11 rectly, as the result of such violation; and

12 ‘‘(B) any of the person’s property used, or in13 tended to be used, in any manner or part, to commit,

14 or to facilitate the commission of, such violation.

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

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

17 that the defendant forfeit to the United States all property

18 described in paragraph (1).

19 ‘‘(3) Except as provided in paragraph (4), the provi20 sions of subsections (b), (c), and (e) through (p) of section

21 413 of the Comprehensive Drug Abuse Prevention and Con22 trol Act of 1970 (21 U.S.C. 853 (b), (c), and (e)–(p)) shall

23 apply to—

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

25 subsection;
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1 ‘‘(B) any seizure or disposition of such property;

2 and

3 ‘‘(C) any administrative or judicial proceeding

4 in relation to such property if not inconsistent with

5 this subsection.

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

7 shall be deposited in the Crime Victims Fund established

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

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

10 under this subsection remaining after the payment of ex11 penses for forfeiture and sale authorized by law.

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

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

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

15 the Commonwealth of the Northern Mariana Islands, the

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

17 Republic of the Marshall Islands, the Federated States of

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

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

20 possession of the United States.’’.

21 (b) AMENDMENTS FOR CONSISTENCY IN APPLICATION

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

23 of such title is amended in the matter above subparagraph

24 (A) by striking out ‘‘(o)’’ each place it appears and insert25 ing in lieu thereof ‘‘(p)’’.
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1 (2) Section 794(d)(3) of such title is amended in the

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

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

4 (c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Section

5 4 of the Subversive Activities Control Act of 1950 (50

6 U.S.C. 783) is amended by adding at the end the following

7 new subsection:

8 ‘‘(g)(1) Any person convicted of a violation of this sec9 tion shall forfeit to the United States irrespective of any

10 provision of State law—

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

12 any proceeds the person obtained, directly or indi13 rectly, as the result of such violation; and

14 ‘‘(B) any of the person’s property used, or in15 tended to be used, in any manner or part, to commit,

16 or to facilitate the commission of, such violation.

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

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

19 that the defendant forfeit to the United States all property

20 described in paragraph (1).

21 ‘‘(3) Except as provided in paragraph (4), the provi22 sions of subsections (b), (c), and (e) through (p) of section

23 413 of the Comprehensive Drug Abuse Prevention and Con24 trol Act of 1970 (21 U.S.C. 853(b), (c), and (e)–(p)) shall

25 apply to—
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1 ‘‘(A) property subject to forfeiture under this

2 subsection;

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

4 and

5 ‘‘(C) any administrative or judicial proceeding

6 in relation to such property, if not inconsistent with

7 this subsection.

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

9 shall be deposited in the Crime Victims Fund established

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

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

12 under this subsection remaining after the payment of ex13 penses for forfeiture and sale authorized by law.’’.

14 SEC. 8. DENIAL OF ANNUITIES OR RETIRED PAY TO PER15 SONS CONVICTED OF ESPIONAGE IN FOREIGN

16 COURTS INVOLVING UNITED STATES INFOR17 MATION.

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

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

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

21 offense within the meaning of such subsections is established

22 if the Attorney General certifies to the agency administering

23 the annuity or retired pay concerned—

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

25 has been convicted by an impartial court of appro-
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1 priate jurisdiction within a foreign country in cir2 cumstances in which the conduct violates the provi3 sions of law enumerated in subsections (b)(1) and

4 (c)(1), or would violate such provisions had such con5 duct taken place with the United States, and that

6 such conviction is not being appealed or that final ac7 tion has been taken on such appeal;

8 ‘‘(2) that such conviction was obtained in ac9 cordance with procedures that provided the defendant

10 due process rights comparable to such rights provided

11 by the United States Constitution, and such convic12 tion was based upon evidence which would have been

13 admissible in the courts of the United States; and

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

15 of enactment of this subsection.’’.

16 SEC. 9. PROVIDING A COURT ORDER PROCESS FOR PHYS17 ICAL SEARCHES UNDERTAKEN FOR FOREIGN

18 INTELLIGENCE PURPOSES.

19 (a) AMENDMENT OF THE FOREIGN INTELLIGENCE

20 SURVEILLANCE ACT OF 1978.—The Foreign Intelligence

21 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amend22 ed—

23 (1) by redesignating title III as title IV and sec24 tion 301 as section 401, respectively;
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1 (2) in section 401 (as redesignated) by inserting

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

3 and

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

5 title:

6 ‘‘TITLE III—PHYSICAL SEARCHES

7 WITHIN THE UNITED STATES

8 FOR FOREIGN INTELLIGENCE

9 PURPOSES

10 ‘‘AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN

11 INTELLIGENCE PURPOSES

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

13 this title are authorized if the President has, by written au14 thorization, empowered the Attorney General to approve ap15 plications to the Foreign Intelligence Surveillance Court.

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

17 whom application is made may grant an order in accord18 ance with section 303 approving a physical search in the

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

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

21 for the purpose of collecting foreign intelligence informa22 tion.

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

24 have jurisdiction to hear applications for and grant orders

25 approving a physical search for the purpose of obtaining
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1 foreign intelligence information anywhere within the Unit2 ed States under the procedures set forth in this title, except

3 that no judge shall hear the same application which has

4 been denied previously by another judge designated under

5 section 103(a) of the Act. If any judge so designated denies

6 an application for an order authorizing a physical search

7 under this title, such judge shall provide immediately for

8 the record a written statement of each reason for his deci9 sion and, on motion of the United States, the record shall

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

11 under section 103(b).

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

13 103(b) shall have jurisdiction to review the denial of any

14 application made under this title. If such court determines

15 that the application was properly denied, the court shall

16 immediately provide for the record a written statement of

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

18 States for a writ of certiorari, the record shall be transmit19 ted under seal to the Supreme Court, which shall have juris20 diction to review such decision.

21 ‘‘(d) Judicial proceedings under this title shall be con22 cluded as expeditiously as possible. The record of proceed23 ings under this title, including applications made and or24 ders granted, shall be maintained under security measures

25 established by the Chief Justice of the United States in con-
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1 sultation with the Attorney General and the Director of

2 Central Intelligence.

3 ‘‘APPLICATION FOR AN ORDER

4 ‘‘SEC. 302. (a) Each application for an order approv5 ing a physical search under this title shall be made by a

6 Federal officer in writing upon oath or affirmation to a

7 judge of the Foreign Intelligence Surveillance Court. Each

8 application shall require the approval of the Attorney Gen9 eral based upon the Attorney General’s finding that it satis10 fies the criteria and requirements for such application as

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

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

13 the application;

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

15 General by the President and the approval of the At16 torney General to make the application;

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

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

19 the premises or property to be searched and of the in20 formation, material, or property to be seized, repro21 duced, or altered;

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

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

24 belief that—

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

26 foreign power or an agent of a foreign power;
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1 ‘‘(B) the premises or property to be searched

2 contains foreign intelligence information; and

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

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

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

6 power;

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

8 procedures;

9 ‘‘(6) a statement of the nature of the foreign in10 telligence sought and the manner in which the phys11 ical search is to be conducted;

12 ‘‘(7) a certification or certifications by the As13 sistant to the President for National Security Affairs

14 or an executive branch official or officials designated

15 by the President from among those executive branch

16 officers employed in the area of national security or

17 defense and appointed by the President, by and with

18 the advice and consent of the Senate—

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

20 information sought to be foreign intelligence in21 formation;

22 ‘‘(B) that the purpose of the search is to ob23 tain foreign intelligence information;
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1 ‘‘(C) that such information cannot reason2 ably be obtained by normal investigative tech3 niques;

4 ‘‘(D) that designates the type of foreign in5 telligence information being sought according to

6 the categories described in section 101(e); and

7 ‘‘(E) includes a statement explaining the

8 basis for the certifications required by subpara9 graphs (C) and (D); and

10 ‘‘(8) a statement of the facts concerning all pre11 vious applications that have been made to any judge

12 under this title involving any of the persons, prem13 ises, or property specified in the application, and the

14 action taken on each previous application.

15 ‘‘(b) The Attorney General may require any other affi16 davit or certification from any other officer in connection

17 with the application.

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

19 such other information as may be necessary to make the

20 determinations required by section 303.

21 ‘‘ISSUANCE OF AN ORDER

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

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

24 requested or as modified approving the physical search if

25 the judge finds that—
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1 ‘‘(1) the President has authorized the Attorney

2 General to approve applications for physical searches

3 for foreign intelligence purposes;

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

5 officer and approved by the Attorney General;

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

7 applicant there is probable cause to believe that—

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

9 foreign power or an agent of a foreign power, ex10 cept that no United States person may be con11 sidered an agent of a foreign power solely upon

12 the basis of activities protected by the first

13 amendment to the Constitution of the United

14 States;

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

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

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

18 power; and

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

20 property can reasonably be expected to yield for21 eign intelligence information which cannot rea22 sonably be obtained by normal investigative

23 means;
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1 ‘‘(4) the proposed minimization procedures meet

2 the definition of minimization contained in this title;

3 and

4 ‘‘(5) the application which has been filed con5 tains all statements and certifications required by sec6 tion 302, and, if the target is a United States person,

7 the certification or certifications are not clearly erro8 neous on the basis of the statement made under sec9 tion 302(a)(7)(E) and any other information fur10 nished under section 302(c).

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

12 section shall—

13 ‘‘(1) specify—

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

15 of the target of the physical search;

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

17 premises or property to be searched;

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

19 property to be seized, altered, or reproduced;

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

21 the physical search is to be conducted and, when22 ever more than one physical search is authorized

23 under the order, the authorized scope of each

24 search and what minimization procedures shall
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1 apply to the information acquired by each

2 search; and

3 ‘‘(E) the period of time during which phys4 ical searches are approved; and

5 ‘‘(2) direct—

6 ‘‘(A) that the minimization procedures be

7 followed;

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

9 a specified landlord, custodian, or other specified

10 person furnish the applicant forthwith all infor11 mation, facilities, or assistance necessary to ac12 complish the physical search in such a manner

13 as will protect its secrecy and produce a mini14 mum of interference with the services that such

15 landlord, custodian, or other person is providing

16 the target of the physical search;

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

18 person maintain under security procedures ap19 proved by the Attorney General and the Director

20 of Central Intelligence any records concerning

21 the search or the aid furnished that such person

22 wishes to retain;

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

24 prevailing rate, such landlord, custodian, or

25 other person for furnishing such aid; and
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1 ‘‘(E) that the Federal officer conducting the

2 physical search promptly report to the court the

3 circumstances and results of the physical search.

4 ‘‘(c)(1) An order issued under this section may ap5 prove a physical search for the period necessary to achieve

6 its purpose, or for ninety days, whichever is less, except

7 that an order under this section shall approve physical

8 search targeted against a foreign power, as defined in para9 graph (1), (2), or (3) of section 101(a), for the period speci10 fied in the application or for one year, whichever is less.

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

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

13 an application for an extension and new findings made in

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

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

16 search targeted against a foreign power, as defined in sec17 tion 101(a) (5) or (6), or against a foreign power, as de18 fined in section 101(a)(4), that is not a United States per19 son, may be for a period not to exceed one year if the judge

20 finds probable cause to believe that no property of any indi21 vidual United States person will be acquired during the pe22 riod.

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

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

25 or at any time after a physical search is carried out, the
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1 judge may assess compliance with the minimization proce2 dures by reviewing the circumstances under which informa3 tion concerning United States persons was acquired, re4 tained, or disseminated.

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

6 title, whenever the Attorney General reasonably determines

7 that—

8 ‘‘(A) an emergency situation exists with respect

9 to the execution of a physical search to obtain foreign

10 intelligence information before an order authorizing

11 such search can with due diligence be obtained, and

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

13 under this title to approve such a search exists,

14 the Attorney General may authorize the execution of an

15 emergency physical search if—

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

17 103 is informed by the Attorney General or the Attor18 ney General’s designee at the time of such authoriza19 tion that the decision has been made to execute an

20 emergency search, and

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

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

23 more than 24 hours after the Attorney General au24 thorizes such search.
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1 ‘‘(2) If the Attorney General authorizes an emergency

2 search under paragraph (1), the Attorney General shall re3 quire that the minimization procedures required by this

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

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

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

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

8 obtained;

9 ‘‘(B) the date on which the application for the

10 order is denied; or

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

12 authorization by the Attorney General.

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

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

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

16 no information obtained or evidence derived from such

17 search shall be received in evidence or otherwise disclosed

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

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

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

21 States, a State, or political subdivision thereof, and no in22 formation concerning any United States person acquired

23 from such search shall subsequently be used or disclosed in

24 any other manner by Federal officers or employees without

25 the consent of such person, except with the approval of the
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1 Attorney General, if the information indicates a threat of

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

3 the application made under this subsection may be reviewed

4 as provided in section 301.

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

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

7 the date of the application.

8 ‘‘USE OF INFORMATION

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

10 search conducted pursuant to this title concerning any

11 United States person may be used and disclosed by Federal

12 officers and employees without the consent of the United

13 States person only in accordance with the minimization

14 procedures required by this title. No information acquired

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

16 or disclosed by Federal officers or employees except for law17 ful purposes.

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

19 shall be disclosed for law enforcement purposes unless such

20 disclosure is accompanied by a statement that such infor21 mation, or any information derived therefrom, may only

22 be used in a criminal proceeding with the advance author23 ization of the Attorney General.

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

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

26 or other proceeding in or before any court, department, offi-
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1 cer, agency, regulatory body, or other authority of the Unit2 ed States, against an aggrieved person, any information ob3 tained or derived from a physical search of the premises

4 or property of that aggrieved person pursuant to the author5 ity of this title, the United States shall, prior to the trial,

6 hearing, or the other proceeding or at a reasonable time

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

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

9 the court or other authority in which the information is

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

11 so disclose or so use such information.

12 ‘‘(d) Whenever any State or political subdivision there13 of intends to enter into evidence or otherwise use or disclose

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

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

16 authority of a State or a political subdivision thereof

17 against an aggrieved person any information obtained or

18 derived from a physical search of the premises or property

19 of that aggrieved person pursuant to the authority of this

20 title, the State or political subdivision thereof shall notify

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

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

23 General that the State or political subdivision thereof in24 tends to so disclose or so use such information.
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1 ‘‘(e)(1) Any person against whom evidence obtained or

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

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

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

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

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

7 a political subdivision thereof, may move to suppress the

8 evidence obtained or derived from such search on the

9 grounds that—

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

11 or

12 ‘‘(B) the physical search was not made in con13 formity with an order of authorization or approval.

14 ‘‘(2) Such a motion shall be made before the trial, hear15 ing, or other proceeding unless there was no opportunity

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

17 grounds of the motion.

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

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

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

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

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

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

24 State to discover or obtain applications or orders or other

25 materials relating to a physical search authorized by this
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1 title or to discover, obtain, or suppress evidence or informa2 tion obtained or derived from a physical search authorized

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

4 motion is made before another authority, the United States

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

6 notwithstanding any other law, if the Attorney General files

7 an affidavit under oath that disclosure or any adversary

8 hearing would harm the national security of the United

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

10 order, and such other materials relating to the physical

11 search as may be necessary to determine whether the phys12 ical search of the aggrieved person was lawfully authorized

13 and conducted. In making this determination, the court

14 may disclose to the aggrieved person, under appropriate se15 curity procedures and protective orders, portions of the ap16 plication, order, or other materials relating to the physical

17 search only where such disclosure is necessary to make an

18 accurate determination of the legality of the physical search.

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

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

21 lawfully authorized or conducted, it shall, in accordance

22 with the requirements of law, suppress the evidence which

23 was unlawfully obtained or derived from the physical search

24 of the aggrieved person or otherwise grant the motion of

25 the aggrieved person. If the court determines that the phys-
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1 ical search was lawfully authorized or conducted, it shall

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

3 that due process requires discovery or disclosure.

4 ‘‘(h) Orders granting motions or requests under sub5 section (g), decisions under this section that a physical

6 search was not lawfully authorized or conducted, and orders

7 of the United States district court requiring review or

8 granting disclosure of applications, orders, or other mate9 rials relating to the physical search shall be final orders

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

11 several States except a United States Court of Appeals or

12 the Supreme Court.

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

14 is authorized under section 303(d) and a subsequent order

15 approving the search is not obtained, the judge shall cause

16 to be served on any United States person named in the ap17 plication and on such other United States persons subject

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

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

20 ‘‘(1) the fact of the application;

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

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

23 was or was not obtained.

24 On an ex parte showing of good cause to the judge, the serv25 ing of the notice required by this subsection may be post-
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1 poned or suspended for a period not to exceed 90 days.

2 Thereafter, on a further ex parte showing of good cause,

3 the court shall forego ordering the serving of the notice re4 quired under this subsection.

5 ‘‘CONGRESSIONAL OVERSIGHT

6 ‘‘SEC. 305. On a semiannual basis the Attorney Gen7 eral shall fully inform the Permanent Select Committee on

8 Intelligence of the House of Representatives and the Select

9 Committee on Intelligence of the Senate concerning all

10 physical searches conducted pursuant to this title. On an

11 annual basis the Attorney General shall also provide to

12 those committees a report setting forth with respect to the

13 preceding calendar year—

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

15 orders approving physical searches under this title;

16 and

17 ‘‘(2) the total number of such orders either grant18 ed, modified, or denied.

19 ‘‘PENALTIES

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

21 offense if he intentionally—

22 ‘‘(1) under color of law for the purpose of obtain23 ing foreign intelligence information, executes a phys24 ical search within the United States except as author25 ized by statute; or
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1 ‘‘(2) discloses or uses information obtained under

2 color of law by physical search within the United

3 States, knowing or having reason to know that the in4 formation was obtained through physical search not

5 authorized by statute, for the purpose of obtaining in6 telligence information.

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

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

9 or investigative officer engaged in the course of his official

10 duties and the physical search was authorized by and con11 ducted pursuant to a search warrant or court order of a

12 court of competent jurisdiction.

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

14 punishable by a fine of not more than $10,000 or imprison15 ment for not more than five years, or both.

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

17 over an offense under this section if the person committing

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

19 at the time the offense was committed.

20 ‘‘CIVIL LIABILITY

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

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

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

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

25 been subjected to a physical search within the United States

26 or about whom information obtained by such a physical
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1 search has been disclosed or used in violation of section 306

2 shall have a cause of action against any person who com3 mitted such violation and shall be entitled to recover—

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

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

6 violation, whichever is greater;

7 ‘‘(2) punitive damages; and

8 ‘‘(3) reasonable attorney’s fees and other inves9 tigative and litigation costs reasonably incurred.

10 ‘‘AUTHORIZATION DURING TIME OF WAR

11 ‘‘SEC. 308. Notwithstanding any other law, the Presi12 dent, through the Attorney General, may authorize physical

13 searches without a court order under this title to acquire

14 foreign intelligence information for a period not to exceed

15 15 calendar days following a declaration of war by the Con16 gress.

17 ‘‘DEFINITIONS

18 ‘‘SEC. 309. As used in this title:

19 ‘‘(1) The terms ‘foreign power’, ‘agent of a for20 eign power’, ‘international terrorism’, ‘sabotage’, ‘for21 eign intelligence information’, ‘Attorney General’,

22 ‘United States person’, ‘United States’, ‘person’, and

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

24 101 of this Act.

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

26 premises, property, information, or material is the
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1 target of physical search or any other person whose

2 premises, property, information, or material was sub3 ject to physical search.

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

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

6 Act.

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

8 physical search, means—

9 ‘‘(A) specific procedures, which shall be

10 adopted by the Attorney General, that are rea11 sonably designed in light of the purposes and

12 technique of the particular physical search, to

13 minimize the acquisition and retention, and pro14 hibit the dissemination, of nonpublicly available

15 information concerning unconsenting United

16 States persons consistent with the need of the

17 United States to obtain, produce, and dissemi18 nate foreign intelligence information;

19 ‘‘(B) procedures that require that non-pub20 licly available information, which is not foreign

21 intelligence information, as defined in section

22 101(e) (1) of this Act, shall not be disseminated

23 in a manner that identifies any United States

24 person, without such person’s consent, unless

25 such person’s identity is necessary to understand
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1 such foreign intelligence information or assess its

2 importance; and

3 ‘‘(C) notwithstanding subparagraphs (A)

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

5 and dissemination of information that is evi6 dence of a crime which has been, is being, or is

7 about to be committed and that is to be retained

8 or disseminated for law enforcement purposes.

9 ‘‘(5) ‘Physical search’ means any physical intru10 sion into premises or property (including examina11 tion of the interior of property by technical means)

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

13 inspection, or alteration of information, material, or

14 property, under circumstances in which a person has

15 a reasonable expectation of privacy and a warrant

16 would be required for law enforcement purposes, but

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

18 section 101(f) of this Act.’’.

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

20 the Foreign Intelligence Surveillance Act of 1978 is amend21 ed by striking the items relating to title III and inserting

22 the following:

‘‘TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES

FOR FOREIGN INTELLIGENCE PURPOSES

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

‘‘Sec. 302. Application for an order.

‘‘Sec. 303. Issuance of an order.

‘‘Sec. 304. Use of information.
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‘‘Sec. 305. Congressional oversight.

‘‘Sec. 306. Penalties.

‘‘Sec. 307. Civil liability.

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

‘‘Sec. 309. Definitions.

‘‘TITLE IV—EFFECTIVE DATE

‘‘Sec. 401. Effective Date.’’.

1 (c) EFFECTIVE DATE.—The amendments made by sub2 sections (a) and (b) shall take effect 90 days after the date

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

4 approved by the Attorney General to gather foreign intel5 ligence information shall not be deemed unlawful for failure

6 to follow the procedures of title III of the Foreign Intel7 ligence Surveillance Act of 1978 (as added by this Act), if

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

9 enactment of this Act pursuant to regulations issued by the

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

11 Committee on Intelligence of the Senate and the Permanent

12 Select Committee on Intelligence of the House of Represent13 atives before the date of enactment of this Act.

14 SEC. 10. LESSER CRIMINAL OFFENSE FOR UNAUTHORIZED

15 REMOVAL OF CLASSIFIED DOCUMENTS.

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

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

18 new section:
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1 ‘‘§ 1924. Unauthorized removal and retention of clas2 sified documents or material

3 ‘‘(a) IN GENERAL.—Whoever, being an officer, em4 ployee, contractor, or consultant of the United States, and,

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

6 becomes possessed of documents or materials containing

7 classified information of the United States, knowingly re8 moves such documents or materials without authority and

9 with the intent to retain such documents or materials at

10 an unauthorized location shall be fined not more than

11 $1,000, or imprisoned for not more than 1 year, or both.

12 ‘‘(b) DEFINITION.—In this section, the term ‘classified

13 information of the United States’ means information origi14 nated, owned, or possessed by the United States Government

15 concerning the national defense or foreign relations of the

16 United States that has been determined pursuant to law

17 or Executive order to require protection against unauthor18 ized disclosure in the interests of national security.’’.

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

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

21 end the following:

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

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Calendar No. 502

103D CONGRESS

2D SESSION S. 2056

[Report No. 103–296]

A BILL

To amend the National Security Act of 1947 to imof the United States, and for other purposes. prove the counterintelligence and security posture

JUNE 30 (legislative day, JUNE 7), 1994

Reported with an amendment