H. R. 4299
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-four
An Act
To authorize appropriations for fiscal year 1995 for intelligence and intelligence-
related activities of the United States Government, the Community Management
Account, and the Central Intelligence Agency Retirement and Disability System,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence
Authorization Act for Fiscal Year 1995’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title and table of contents.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Community management account.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Intelligence community contracting.
Sec. 304. Repeal of restriction on intelligence cooperation with South Africa.
Sec. 305. Report regarding mandatory retirement for expiration of time in class.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Illness or injury requiring hospitalization.
Sec. 402. Inspector General of the Central Intelligence Agency.
Sec. 403. Advanced information presentation project.
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Central Imagery Office.
Sec. 502. Exception to public availability of certain Department of Defense maps,
charts, and geodetic data.
Sec. 503. Disclosure of governmental affiliation by Department of Defense intel-
ligence personnel outside of the United States.
Sec. 504. Exception from authority for obligation of certain unauthorized fiscal year
1994 Defense appropriations.
TITLE VI—CONSTRUCTION OF FACILITIES FOR THE INTELLIGENCE
COMMUNITY
Sec. 601. Limitations on funding of the National Reconnaissance Office.
Sec. 602. Limitation on construction of facilities to be used primarily by the intel-
ligence community.
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Sec. 603. Identification of constituent components of base intelligence budget.
Sec. 604. Definitions.
TITLE VII—CLASSIFICATION MANAGEMENT
Sec. 701. Classification and declassification of information.
Sec. 702. Declassification plan.
TITLE VIII—COUNTERINTELLIGENCE AND SECURITY
Sec. 801. Short title.
Sec. 802. Access to classified information.
Sec. 803. Rewards for information concerning espionage.
Sec. 804. Criminal forfeiture for violation of certain espionage laws.
Sec. 805. Denial of annuities or retired pay to persons convicted of espionage in for-
eign courts involving United States information.
Sec. 806. Postemployment assistance for certain terminated intelligence employees
of the Department of Defense.
Sec. 807. Providing a court order process for physical searches undertaken for for-
eign intelligence purposes.
Sec. 808. Lesser criminal offense for unauthorized removal of classified documents.
Sec. 809. Reports on foreign industrial espionage.
Sec. 810. Counternarcotics targets funding.
Sec. 811. Coordination of counterintelligence activities.
TITLE IX—COMMISSION ON THE ROLES AND CAPABILITIES OF THE
UNITED STATES INTELLIGENCE COMMUNITY
Sec. 901. Establishment.
Sec. 902. Composition and qualifications.
Sec. 903. Duties of the Commission.
Sec. 904. Reports.
Sec. 905. Powers.
Sec. 906. Personnel matters.
Sec. 907. Payment of Commission expenses.
Sec. 908. Termination of the Commission.
Sec. 909. Definitions.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
1995 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Govern-
ment:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The National Reconnaissance Office.
(6) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(7) The Department of State.
(8) The Department of the Treasury.
(9) The Department of Energy.
(10) The Federal Bureau of Investigation.
(11) The Drug Enforcement Administration.
(12) The Central Imagery Office.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.—
The amounts authorized to be appropriated under section 101,
and the authorized personnel ceilings as of September 30, 1995,
for the conduct of the intelligence and intelligence-related activities
of the elements listed in such section, are those specified in the
classified Schedule of Authorizations prepared to accompany the
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conference report on the bill H.R. 4299 of the One Hundred Third
Congress.
(b) AVAILABILITY
OF CLASSIFIED SCHEDULE
OF AUTHORIZA-
TIONS.—The Schedule of Authorizations shall be made available
to the Committees on Appropriations of the Senate and House
of Representatives and to the President. The President shall provide
for suitable distribution of the Schedule, or of appropriate portions
of the Schedule, within the executive branch.
SEC. 103. COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Community Management Account of
the Director of Central Intelligence for fiscal year 1995 the sum
of $86,900,000. Within such amounts authorized, funds identified
in the classified Schedule of Authorizations referred to in section
102(a) for the Advanced Research and Development Committee
and the Environmental Task Force shall remain available until
September 30, 1996.
(b) AUTHORIZED PERSONNEL LEVELS.—The Community Manage-
ment Account of the Director of Central Intelligence is authorized
241 full-time personnel as of September 30, 1995. Such personnel
of the Community Management Account may be permanent employ-
ees of the Community Management Account or personnel detailed
from other elements of the United States Government.
(c) REIMBURSEMENT.—During fiscal year 1995, any officer or
employee of the United States or a member of the Armed Forces
who is detailed to the Community Management Staff from another
element of the United States Government shall be detailed on
a reimbursable basis, except that any such officer, employee or
member may be detailed on a nonreimbursable basis for a period
of less than one year for the performance of temporary functions
as required by the Director of Central Intelligence.
TITLE 
II—CENTRAL 
INTELLIGENCE
AGENCY RETIREMENT AND DISABIL-
ITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 1995
the sum of $198,000,000.
TITLE III—GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this Act for salary, pay, retire-
ment, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary
for increases in such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be
deemed to constitute authority for the conduct of any intelligence
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activity which is not otherwise authorized by the Constitution or
laws of the United States.
SEC. 303. INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of Congress that the Director of Central Intel-
ligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security
interests of the United States and consistent with the operational
and security concerns related to the conduct of intelligence activi-
ties, and where fiscally sound, should award contracts in a manner
that would maximize the procurement of products properly des-
ignated as having been made in the United States.
SEC. 304. REPEAL OF RESTRICTION ON INTELLIGENCE COOPERATION
WITH SOUTH AFRICA.
Section 107 of the Intelligence Authorization Act for Fiscal
Year 1987 (Public Law 99–569) is repealed.
SEC. 305. REPORT 
REGARDING 
MANDATORY 
RETIREMENT 
FOR
EXPIRATION OF TIME IN CLASS.
(a) REPORT REQUIRED.—Not later than December 1, 1994, the
Director of Central Intelligence shall submit a report to the commit-
tees of Congress specified in subsection (d) on the advisability
of providing for mandatory retirement for expiration of time in
class in a manner comparable to that established by the applicable
provisions of section 607 of the Foreign Service Act of 1980 (22
U.S.C. 4007) for all civilian employees of the Central Intelligence
Agency, the National Security Agency, the Defense Intelligence
Agency, the National Reconnaissance Office, the Central Imagery
Office, and the intelligence elements of the Army, Navy, Air Force,
and Marine Corps.
(b) REQUIRED CONTENTS.—The report required by subsection
(a) shall include—
(1) an assessment of the feasibility of instituting such a
mandatory retirement policy and of alternative means to
achieve the objectives of such a mandatory retirement policy;
(2) an assessment which the Secretary of Defense shall
conduct of the impact of such a mandatory retirement policy
for intelligence community civilian employees on all other
Department of Defense civilian employees; and
(3) any appropriate legislative recommendations.
(c) COORDINATION.—The report required by subsection (a) shall
be coordinated as appropriate with elements of the intelligence
community (as defined in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401(4)).
(d) COMMITTEES OF CONGRESS.—The committees of Congress
referred to in subsection (a) are the Committees on Armed Services
of the Senate and House of Representatives, the Defense Sub-
committees of the Committees on Appropriations of the Senate
and House of Representatives, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on Intelligence
of the House of Representatives.
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TITLE IV—CENTRAL INTELLIGENCE
AGENCY
SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITALIZATION.
Section 4(a)(5) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403(e)(a)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘, not the result of vicious habits, intem-
perance, or misconduct on his part,’’;
(B) by striking ‘‘he shall deem’’ and inserting ‘‘the
Director deems’’;
(C) by striking ‘‘section 10 of the Act of March 3,
1933 (47 Stat. 1516; 5 U.S.C. 73b)’’ and inserting ‘‘section
5731 of title 5, United States Code’’;
(D) by striking ‘‘his recovery’’ and inserting ‘‘the recov-
ery of such officer or employee’’; and
(E) by striking ‘‘his return to his post’’ and inserting
‘‘the return to the post of duty of such officer or employee’’;
(2) in subparagraph (B), by striking ‘‘his opinion’’ both
places it appears and inserting ‘‘the opinion of the Director’’;
and
(3) in subparagraph (C), by striking ‘‘, not the result of
vicious habits, intemperance, or misconduct on his part,’’.
SEC. 402. INSPECTOR GENERAL OF THE CENTRAL INTELLIGENCE
AGENCY.
Section 17 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q) is amended—
(1) in subsection (b)(1)—
(A) by striking ‘‘or’’ after ‘‘analysis,’’; and
(B) by striking the period at the end thereof and insert-
ing ‘‘, or auditing.’’;
(2) in subsection (c)(1), by striking ‘‘to conduct’’ and
inserting ‘‘to plan, conduct’’;
(3) in subsection (d)(1)—
(A) by striking ‘‘June 30 and December 31’’ and insert-
ing ‘‘January 31 and July 31’’;
(B) by striking ‘‘period.’’ at the end of the first sentence
and inserting ‘‘periods ending December 31 (of the preced-
ing year) and June 30, respectively.’’; and
(C) by inserting ‘‘of receipt of such reports’’ after ‘‘thirty
days’’;
(4) in subsection (d)(3)(C), by inserting ‘‘inspection, or
audit,’’ after ‘‘investigation,’’;
(5) in subsection (d)(4), by inserting ‘‘or findings and rec-
ommendations’’ after ‘‘report’’; and
(6) in subsection (e)(6)—
(A) by striking ‘‘it is the sense of Congress that’’; and
(B) by striking ‘‘should’’ and inserting ‘‘shall’’.
SEC. 403. ADVANCED INFORMATION PRESENTATION PROJECT.
Of the funds made available under this Act, the Director of
Central Intelligence is authorized during fiscal year 1995 to expend
not more than $3,000,000 to develop products to demonstrate multi-
media and graphical data interface techniques on topics of general
interest to policy makers and the public. The products shall utilize
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unclassified Government information, augmented if appropriate by
commercially available information, and the project shall be limited
to the development of not more than six products. In carrying
out this section, the Director may acquire commercially available
technology. Not later than August 1, 1995, the Director shall submit
the products developed under this section to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate.
TITLE V—DEPARTMENT OF DEFENSE
INTELLIGENCE ACTIVITIES
SEC. 501. CENTRAL IMAGERY OFFICE.
(a) AMENDMENTS OF THE NATIONAL SECURITY ACT OF 1947.—
(1) Section 3(4)(E) of the National Security Act of 1947 (50 U.S.C.
401a(4)(E)) is amended by striking out ‘‘the central imagery author-
ity within the Department of Defense’’ and inserting in lieu thereof
‘‘the Central Imagery Office’’.
(2) Section 105(b)(2) of such Act (50 U.S.C. 403–5(b)(2)) is
amended by striking out ‘‘a central imagery authority’’ and inserting
in lieu thereof ‘‘the Central Imagery Office’’.
(3) Section 106(b) of such Act (50 U.S.C. 403–6(b)) is amended—
(A) in the subsection caption, by striking out ‘‘CENTRAL
IMAGERY AUTHORITY’’ and inserting in lieu thereof ‘‘CENTRAL
IMAGERY OFFICE’’; and
(B) by striking out ‘‘central imagery authority’’ and insert-
ing in lieu thereof ‘‘Central Imagery Office’’.
(b) TITLE 10, UNITED STATES CODE.—(1) Chapter 83 of title
10, United States Code, is amended as follows:
(A) By amending the heading of the chapter to read as
follows:
‘‘CHAPTER 83—DEFENSE INTELLIGENCE AGENCY AND
CENTRAL IMAGERY OFFICE CIVILIAN PERSONNEL’’.
(B) In section 1601—
(i) by inserting ‘‘and the Central Imagery Office’’ after
‘‘Defense Intelligence Agency’’ in subsection (a);
(ii) by inserting ‘‘or the Central Imagery Office’’ after
‘‘outside the Defense Intelligence Agency’’ and inserting
‘‘, the Central Imagery Office,’’ after ‘‘to the Defense Intel-
ligence Agency’’ in subsection (d); and
(iii) by inserting ‘‘and the Central Imagery Office’’ after
‘‘Defense Intelligence Agency’’ in subsection (e).
(C) In section 1602, by inserting ‘‘and Central Imagery
Office’’ after ‘‘Defense Intelligence Agency’’.
(D) In section 1604—
(i) by inserting ‘‘and the Central Imagery Office,’’ after
‘‘Defense Intelligence Agency’’ in subsection (a)(1);
(ii) by inserting ‘‘or the Central Imagery Office’’ after
‘‘Defense Intelligence Agency’’ in both places it occurs in
the second sentence of subsection (b);
(iii) by inserting ‘‘or the Central Imagery Office’’ after
‘‘Defense Intelligence Agency’’ in subsection (c);
(iv) by inserting ‘‘and the Central Imagery Office’’ after
‘‘Defense Intelligence Agency’’ in subsection (d);
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(v) by inserting ‘‘or the Central Imagery Office’’ after
‘‘Defense Intelligence Agency’’ in subsection (e)(1); and
(vi) in subsection (e)(3)—
(I) by amending the first sentence to read as fol-
lows: ‘‘The Secretary of Defense may delegate authority
under this subsection only to the Deputy Secretary
of Defense, the Director of the Defense Intelligence
Agency, the Director of the Central Imagery Office,
or all three.’’; and
(II) by striking ‘‘either’’ and inserting ‘‘any’’.
(2) The items relating to chapter 83 in the tables of chapters
at the beginning of subtitle A, and at the beginning of part II
of subtitle A, of title 10, United States Code, are amended to
read as follows:
‘‘83. Defense Intelligence Agency and Central Imagery Office Civilian Person-
nel .............................................................................................................. 1601’’.
(c) CHAPTER 23 OF TITLE 5.—Section 2302(a)(2)(C)(ii) of title
5, United States Code, is amended by inserting ‘‘the Central
Imagery Office,’’ after ‘‘Defense Intelligence Agency,’’.
(d) CHAPTER 31 OF TITLE 5.—Section 3132(a)(1)(B) of title 5,
United States Code, is amended by inserting ‘‘the Central Imagery
Office,’’ after ‘‘Defense Intelligence Agency,’’.
(e) CHAPTER 43 OF TITLE 5.—Section 4301(1)(B)(ii) of title 5,
United States Code, is amended by inserting ‘‘the Central Imagery
Office,’’ after ‘‘Defense Intelligence Agency,’’.
(f) CHAPTER 47 OF TITLE 5.—Section 4701(a)(1)(B) of title 5,
United States Code, is amended by inserting ‘‘the Central Imagery
Office,’’ after ‘‘Defense Intelligence Agency,’’.
(g) CHAPTER 51 OF TITLE 5.—Section 5102(a)(1) of title 5, United
States Code, is amended—
(1) by striking ‘‘or’’ at the end of clause (ix);
(2) by striking the period at the end of clause (x) and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(xi) the Central Imagery Office, Department of
Defense.’’.
(h) CHAPTER 51 OF TITLE 5.—Section 5342(a)(1) of title 5, United
States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (J);
(2) by inserting ‘‘or’’ after the semicolon at the end of
subparagraph (K); and
(3) by adding at the end the following:
‘‘(L) the Central Imagery Office, Department of
Defense;’’.
(i) ADDITIONAL
LEAVE
TRANSFER
PROGRAMS.—(1) Section
6339(a)(1) of title 5, United States Code, is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph
(F); and
(C) by inserting after subparagraph (D) the following new
subparagraph (E):
‘‘(E) the Central Imagery Office; and’’.
(2) Section 6339(a)(2) of such title is amended—
(A) by striking ‘‘and’’ at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph
(F);
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(C) by inserting after subparagraph (D) the following new
subparagraph (E):
‘‘(E) with respect to the Central Imagery Office, the
Director of the Central Imagery Office; and’’; and
(D) in subparagraph (F), as redesignated by subparagraph
(B) of this paragraph, by striking ‘‘paragraph (1)(E)’’ and insert-
ing ‘‘paragraph (1)(F)’’ both places it appears.
(j) CHAPTER 71 OF TITLE 5.—Section 7103(a)(3) of title 5, United
States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (F);
(2) by inserting ‘‘or’’ at the end of subparagraph (G); and
(3) by adding at the end the following:
‘‘(H) the Central Imagery Office;’’.
(k) CHAPTER 73 OF TITLE 5.—Section 7323(b)(2)(B)(i) of title
5, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subclause (XI); and
(2) by adding at the end the following:
‘‘(XIII) the Central Imagery Office; or’’.
(l) CHAPTER 75 OF TITLE 5.—Section 7511(b)(8) of title 5, United
States Code, is amended by inserting ‘‘the Central Imagery Office,’’
after ‘‘Defense Intelligence Agency,’’.
(m) ETHICS IN GOVERNMENT ACT OF 1978.—Section 105(a)(1)
of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended
by inserting ‘‘the Central Imagery Office,’’ after ‘‘Defense Intel-
ligence Agency,’’.
(n) EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988.—Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988 (29
U.S.C. 2006(b)(2)(A)(i)) is amended by inserting ‘‘the Central
Imagery Office,’’ after ‘‘Defense Intelligence Agency,’’.
SEC. 502. EXCEPTION TO PUBLIC AVAILABILITY OF CERTAIN DEPART-
MENT OF DEFENSE MAPS, CHARTS, AND GEODETIC DATA.
Section 2796(b)(1) of title 10, United States Code, is amended
by inserting ‘‘jeopardize or interfere with ongoing military or intel-
ligence operations or’’ in subparagraph (C) after ‘‘disclosed,’’.
SEC. 503. DISCLOSURE OF GOVERNMENTAL AFFILIATION BY DEPART-
MENT OF DEFENSE INTELLIGENCE PERSONNEL OUTSIDE
OF THE UNITED STATES.
(a) IN GENERAL.—Notwithstanding section 552a(e)(3) of title
5, United States Code, intelligence personnel of the Department
of Defense who are authorized by the Secretary of Defense to
collect intelligence from human sources shall not be required, when
making an initial assessment contact outside the United States,
to give notice of governmental affiliation to potential sources who
are United States persons.
(b) RECORDS.—Records concerning such contacts shall be main-
tained by the Department of Defense and made available upon
request to the appropriate committees of the Congress in accordance
with applicable security procedures. Such records shall include for
each such contact an explanation of why notice of government
affiliation could not reasonably be provided, the nature of the
information obtained from the United States person as a result
of the contact, and whether additional contacts resulted with the
person concerned.
(c) DEFINITIONS.—For the purposes of this section—
(1) the term ‘‘United States’’ includes the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana
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Islands, and any territory or possession of the United States;
and
(2) the term ‘‘United States person’’ means any citizen,
national, or permanent resident alien of the United States.
SEC. 504. EXCEPTION FROM AUTHORITY FOR OBLIGATION OF CER-
TAIN UNAUTHORIZED FISCAL YEAR 1994 DEFENSE APPRO-
PRIATIONS.
Section 1006 of the National Defense Authorization Act for
Fiscal Year 1995 shall not apply to amounts which remain available
for obligation on the date of the enactment of this Act for national
foreign intelligence programs, projects, and activities.
TITLE VI—CONSTRUCTION OF FACILI-
TIES FOR THE INTELLIGENCE COM-
MUNITY
SEC. 601. LIMITATIONS ON FUNDING OF THE NATIONAL RECONNAIS-
SANCE OFFICE.
(a) REVIEW OF PROJECT; COMPLIANCE WITH DOD PROCUREMENT
AND CONTRACTING PROCEDURES.—
(1) IN GENERAL.—Of the funds authorized to be made avail-
able by this Act for the National Reconnaissance Office under
the classified Schedule of Authorizations referred to in section
102—
(A) $50,000,000 out of the Miscellaneous Support
account of the Mission Support Consolidated Expenditure
Center may not be obligated or expended until the Director
of Central Intelligence and the Secretary of Defense have
completed a review of the National Reconnaissance Office
Headquarters Building project and the results of such
review have been disclosed to the intelligence committees;
and
(B) no such funds authorized to be made available
by this Act may be obligated or expended for the purchase
of any real property, or to contract for any construction
or acquisition, in connection with the construction of build-
ings or facilities, unless (and to the extent that)—
(i) such purchase or contract is made or entered
into in accordance with the policies and procedures
applicable to other elements of the Department of
Defense; or
(ii) the President determines that the national
security interest of the United States requires that
such policies and procedures shall not apply to a
particular purchase or contract and reports such deter-
mination in accordance with subsection (b).
(2) APPLICATION
OF
PROVISIONS.—Paragraph (1)(B) shall
not apply to contracts made or entered into for the purchase
of real property, or for construction or acquisition, before the
date of enactment of this Act.
(b) WAIVER PROCEDURES.—Not later than 30 days after making
a determination under subsection (a)(1)(B)(ii), the President shall
report in writing the determination to the intelligence committees.
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(c) SPECIFIC AUTHORIZATION AND APPROPRIATIONS REQUIRED.—
Except to the extent and in the amounts specifically provided in
an Act authorizing appropriations, in an appropriation Act, or in
accordance with established reprogramming procedures, no funds
made available under any provision of law may be obligated or
expended for the construction of the National Reconnaissance Office
Headquarters Building project if such funds would cause the total
amount obligated or expended for such project to exceed
$310,000,000.
(d) DEFINITION.—As used in this section, the term ‘‘National
Reconnaissance Office Headquarters Building project’’ means the
project for the headquarters buildings of the National Reconnais-
sance Office, situated at the so-called Westfields site, and includes
all construction and improvement of facilities (including ‘‘fit up’’)
and all actions related to the acquisition of land, communications,
computers, furniture and other building furnishings, and vehicle
parking facilities.
SEC. 602. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED
PRIMARILY BY THE INTELLIGENCE COMMUNITY.
(a) IN GENERAL.—
(1) IN GENERAL.—Except as provided in subsection (b), no
project for the construction of any facility to be used primarily
by personnel of any component of the intelligence community
which has an estimated Federal cost in excess of $750,000
may be undertaken in any fiscal year unless such project is
specifically identified as a separate item in the President’s
annual fiscal year budget request and is specifically authorized
by the Congress.
(2) NOTIFICATION.—In the case of a project for the construc-
tion of any facility to be used primarily by personnel of any
component of the intelligence community which has an esti-
mated Federal cost greater than $500,000 but less than
$750,000, or where any improvement project to such a facility
has an estimated Federal cost greater than $500,000, the Direc-
tor of Central Intelligence shall submit a notification to the
intelligence committees specifically identifying such project.
(b) EXCEPTION.—
(1) IN GENERAL.—Notwithstanding subsection (a) but sub-
ject to paragraphs (2) and (3), a project for the construction
of a facility to be used primarily by personnel of any component
of the intelligence community may be carried out if the Sec-
retary of Defense and the Director of Central Intelligence jointly
determine—
(A) that the project is vital to the national security
or to the protection of health, safety, or the quality of
the environment, and
(B) that the requirement for the project is so urgent
that deferral of the project for inclusion in the next Act
authorizing appropriations for the intelligence community
would be inconsistent with national security or the protec-
tion of health, safety, or environmental quality, as the
case may be.
(2) REPORT.—When a decision is made to carry out a
construction project under this subsection, the Secretary of
Defense and the Director of Central Intelligence jointly shall
submit a report in writing to the appropriate committees of
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Congress on that decision. Each such report shall include (A)
the justification for the project and the current estimate of
the cost of the project, (B) the justification for carrying out
the project under this subsection, and (C) a statement of the
source of the funds to be used to carry out the project. The
project may then be carried out only after the end of the
21-day period beginning on the date the notification is received
by such committees.
(3) PROJECTS PRIMARILY FOR CIA.—If a project referred to
in paragraph (1) is primarily for the Central Intelligence
Agency, the Director of Central Intelligence shall make the
determination and submit the report required by paragraphs
(1) and (2).
(4) LIMITATION.—A project carried out under this subsection
shall be carried out within the total amount of funds appro-
priated for intelligence and intelligence-related activities that
have not been obligated.
(c) APPLICATION.—This section shall not apply to any project
which is subject to subsection (a)(1)(A) or (c) of section 601.
SEC. 603. IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE
INTELLIGENCE BUDGET.
The Director of Central Intelligence shall include the same
level of budgetary detail for the Base Budget that is provided
for Ongoing Initiatives and New Initiatives to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate in the congres-
sional justification materials for the annual submission of the
National Foreign Intelligence Program of each fiscal year.
SEC. 604. DEFINITIONS.
As used in this title:
(1) INTELLIGENCE
COMMITTEES.—The term ‘‘intelligence
committees’’ means the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select Commit-
tee on Intelligence of the Senate.
(2) INTELLIGENCE
COMMUNITY.—The term ‘‘intelligence
community’’ has the same meaning given that term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE VII—CLASSIFICATION
MANAGEMENT
SEC. 701. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the President shall, by Executive order,
provide for the classification and declassification of information.
It is the sense of Congress that the Executive order should provide
for the following:
(1) The qualification of information for classification only
when its public disclosure would cause identifiable damage
to the national security.
(2) The declassification of information if the appropriate
authority within the Executive branch determines that the
Government’s interest in continuing to protect such information
H. R. 4299—12
is outweighed by the public’s interest in having the information
made available.
(3) The automatic declassification of information that is
more than 25 years old unless such information is within a
category designated by the President as requiring document-
by-document review to identify that information whose disclo-
sure to unauthorized persons would clearly damage the national
security.
(b) SUBMISSION TO CONGRESS; EFFECTIVE DATE.—The Executive
order referred to in subsection (a) may not take effect until after
30 days after the date on which such proposed Executive order
is submitted to the Permanent Select Committee on Intelligence
and the Committee on Government Operations of the House of
Representatives and the Select Committee on Intelligence and the
Committee on Governmental Affairs of the Senate.
SEC. 702. DECLASSIFICATION PLAN.
Each agency of the National Foreign Intelligence Program to
which is appropriated more than $1,000,000 in the security, counter-
measures, and related activities structural category for fiscal year
1995 shall allocate at least two percent of its total expenditure
in this structural category for fiscal year 1995 to the classification
management consolidated expenditure center, to be used for the
following activities:
(1) Development of a phased plan to implement declassifica-
tion guidelines contained in the Executive order which replaces
Executive Order 12356. Each such agency shall provide the
plan to Congress within 90 days after the beginning of fiscal
year 1995 or 90 days after the publication of such replacement
Executive order, whichever is later. This plan shall include
an accounting of the amount of archived material, levels of
classification, types of storage media and locations, review
methods to be employed, and estimated costs of the declassifica-
tion activity itself; as well as an assessment by the agency
of the appropriate types and amounts of information to be
maintained in the future, how it will be stored, safeguarded,
and reviewed, and the projected costs of these classification
management activities for the succeeding five years.
(2) Commencement of the process of declassification and
reduction of the amount of archived classified documents main-
tained by each agency.
(3) Submission of a report to the Permanent Select Commit-
tee on Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate within 90 days
after the end of fiscal year 1995 on the progress made in
carrying out paragraph (2), with reference to the plan required
by paragraph (1).
TITLE VIII—COUNTERINTELLIGENCE
AND SECURITY
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Counterintelligence and Security
Enhancements Act of 1994’’.
H. R. 4299—13
SEC. 802. ACCESS TO CLASSIFIED INFORMATION.
(a) AMENDMENT OF THE NATIONAL SECURITY ACT OF 1947.—
The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended
by adding at the end the following new title:
‘‘TITLE VIII—ACCESS TO CLASSIFIED INFORMATION
‘‘PROCEDURES
‘‘SEC. 801. (a) Not later than 180 days after the date of enact-
ment of this title, the President shall, by Executive order or regula-
tion, establish procedures to govern access to classified information
which shall be binding upon all departments, agencies, and offices
of the executive branch of Government. Such procedures shall,
at a minimum—
‘‘(1) provide that, except as may be permitted by the Presi-
dent, no employee in the executive branch of Government may
be given access to classified information by any department,
agency, or office of the executive branch of Government unless,
based upon an appropriate background investigation, such
access is determined to be clearly consistent with the national
security interests of the United States;
‘‘(2) establish uniform minimum requirements governing
the scope and frequency of background investigations and
reinvestigations for all employees in the executive branch of
Government who require access to classified information as
part of their official responsibilities;
‘‘(3) provide that all employees in the executive branch
of Government who require access to classified information
shall be required as a condition of such access to provide
to the employing department or agency written consent which
permits access by an authorized investigative agency to relevant
financial records, other financial information, consumer reports,
and travel records, as determined by the President, in accord-
ance with section 802 of this title, during the period of access
to classified information and for a period of three years there-
after;
‘‘(4) provide that all employees in the executive branch
of Government who require access to particularly sensitive
classified information, as determined by the President, shall
be required, as a condition of maintaining access to such
information, to submit to the employing department or agency,
during the period of such access, relevant information concern-
ing their financial condition and foreign travel, as determined
by the President, as may be necessary to ensure appropriate
security; and
‘‘(5) establish uniform minimum standards to ensure that
employees in the executive branch of Government whose access
to classified information is being denied or terminated under
this title are appropriately advised of the reasons for such
denial or termination and are provided an adequate opportunity
to respond to all adverse information which forms the basis
for such denial or termination before final action by the depart-
ment or agency concerned.
‘‘(b)(1) Subsection (a) shall not be deemed to limit or affect
the responsibility and power of an agency head pursuant to other
law or Executive order to deny or terminate access to classified
H. R. 4299—14
information if the national security so requires. Such responsibility
and power may be exercised only when the agency head determines
that the procedures prescribed by subsection (a) cannot be invoked
in a manner that is consistent with the national security.
‘‘(2) Upon the exercise of such responsibility, the agency head
shall submit a report to the Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select Committee
on Intelligence of the Senate.
‘‘REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES
‘‘SEC. 802. (a)(1) Any authorized investigative agency may
request from any financial agency, financial institution, or holding
company, or from any consumer reporting agency, such financial
records, other financial information, and consumer reports as may
be necessary in order to conduct any authorized law enforcement
investigation, counterintelligence inquiry, or security determination.
Any authorized investigative agency may also request records main-
tained by any commercial entity within the United States pertaining
to travel by an employee in the executive branch of Government
outside the United States.
‘‘(2) Requests may be made under this section where—
‘‘(A) the records sought pertain to a person who is or
was an employee in the executive branch of Government
required by the President in an Executive order or regulation,
as a condition of access to classified information, to provide
consent, during a background investigation and for such time
as access to the information is maintained, and for a period
of not more than three years thereafter, permitting access
to financial records, other financial information, consumer
reports, and travel records; and
‘‘(B)(i) there are reasonable grounds to believe, based on
credible information, that the person is, or may be, disclosing
classified information in an unauthorized manner to a foreign
power or agent of a foreign power;
‘‘(ii) information the employing agency deems credible
indicates the person has incurred excessive indebtedness or
has acquired a level of affluence which cannot be explained
by other information known to the agency; or
‘‘(iii) circumstances indicate the person had the capability
and opportunity to disclose classified information which is
known to have been lost or compromised to a foreign power
or an agent of a foreign power.
‘‘(3) Each such request—
‘‘(A) shall be accompanied by a written certification signed
by the department or agency head or deputy department or
agency head concerned, or by a senior official designated for
this purpose by the department or agency head concerned
(whose rank shall be no lower than Assistant Secretary or
Assistant Director), and shall certify that—
‘‘(i) the person concerned is or was an employee within
the meaning of paragraph (2)(A);
‘‘(ii) the request is being made pursuant to an author-
ized inquiry or investigation and is authorized under this
section; and
‘‘(iii) the records or information to be reviewed are
records or information which the employee has previously
H. R. 4299—15
agreed to make available to the authorized investigative
agency for review;
‘‘(B) shall contain a copy of the agreement referred to
in subparagraph (A)(iii);
‘‘(C) shall identify specifically or by category the records
or information to be reviewed; and
‘‘(D) shall inform the recipient of the request of the prohibi-
tion described in subsection (b).
‘‘(b) Notwithstanding any other provision of law, no govern-
mental or private entity, or officer, employee, or agent of such
entity, may disclose to any person, other than those officers, employ-
ees, or agents of such entity necessary to satisfy a request made
under this section, that such entity has received or satisfied a
request made by an authorized investigative agency under this
section.
‘‘(c)(1) Notwithstanding any other provision of law (other than
section 6103 of the Internal Revenue Code of 1986), an entity
receiving a request for records or information under subsection
(a) shall, if the request satisfies the requirements of this section,
make available such records or information within 30 days for
inspection or copying, as may be appropriate, by the agency request-
ing such records or information.
‘‘(2) Any entity (including any officer, employee, or agent
thereof) that discloses records or information for inspection or copy-
ing pursuant to this section in good faith reliance upon the certifi-
cations made by an agency pursuant to this section shall not be
liable for any such disclosure to any person under this title, the
constitution of any State, or any law or regulation of any State
or any political subdivision of any State.
‘‘(d) Any agency requesting records or information under this
section may, subject to the availability of appropriations, reimburse
a private entity for any cost reasonably incurred by such entity
in responding to such request, including the cost of identifying,
reproducing, or transporting records or other data.
‘‘(e) An agency receiving records or information pursuant to
a request under this section may disseminate the records or
information obtained pursuant to such request outside the agency
only—
‘‘(1) to the agency employing the employee who is the
subject of the records or information;
‘‘(2) to the Department of Justice for law enforcement or
counterintelligence purposes; or
‘‘(3) with respect to dissemination to an agency of the
United States, if such information is clearly relevant to the
authorized responsibilities of such agency.
‘‘(f) Nothing in this section may be construed to affect the
authority of an investigative agency to obtain information pursuant
to the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.)
or the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).
‘‘EXCEPTIONS
‘‘SEC. 803. Except as otherwise specifically provided, the provi-
sions of this title shall not apply to the President and Vice President,
Members of the Congress, Justices of the Supreme Court, and
Federal judges appointed by the President.
H. R. 4299—16
‘‘DEFINITIONS
‘‘SEC. 804. For purposes of this title—
‘‘(1) the term ‘authorized investigative agency’ means an
agency authorized by law or regulation to conduct a counter-
intelligence investigation or investigations of persons who are
proposed for access to classified information to ascertain
whether such persons satisfy the criteria for obtaining and
retaining access to such information;
‘‘(2) the term ‘classified information’ means any information
that has been determined pursuant to Executive Order No.
12356 of April 2, 1982, or successor orders, or the Atomic
Energy Act of 1954, to require protection against unauthorized
disclosure and that is so designated;
‘‘(3) the term ‘consumer reporting agency’ has the meaning
given such term in section 603 of the Consumer Credit Protec-
tion Act (15 U.S.C. 1681a);
‘‘(4) the term ‘employee’ includes any person who receives
a salary or compensation of any kind from the United States
Government, is a contractor of the United States Government
or an employee thereof, is an unpaid consultant of the United
States Government, or otherwise acts for or on behalf of the
United States Government, except as otherwise determined
by the President;
‘‘(5) the terms ‘financial agency’ and ‘financial institution’
have the meanings given to such terms in section 5312(a)
of title 31, United States Code, and the term ‘holding company’
has the meaning given to such term in section 1101(6) of
the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401);
‘‘(6) the terms ‘foreign power’ and ‘agent of a foreign power’
have the same meanings as set forth in sections 101 (a) and
(b), respectively, of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801); and
‘‘(7) the term ‘State’ means each of the several States
of the United States, the District of Columbia, the Common-
wealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the United States Virgin Islands, Guam,
American Samoa, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau,
and any other possession of the United States.’’.
(b) CLERICAL
AMENDMENT.—The table of contents of the
National Security Act of 1947 is amended by adding at the end
the following:
‘‘TITLE VIII—ACCESS TO CLASSIFIED INFORMATION
‘‘Sec. 801. Procedures.
‘‘Sec. 802. Requests by authorized investigative agencies.
‘‘Sec. 803. Exceptions.
‘‘Sec. 804. Definitions.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect 180 days after the date of enactment
of this Act.
SEC. 803. REWARDS FOR INFORMATION CONCERNING ESPIONAGE.
(a) REWARDS.—Section 3071 of title 18, United States Code,
is amended—
(1) by inserting ‘‘(a)’’ before ‘‘With respect to’’; and
(2) by adding at the end the following new subsection:
H. R. 4299—17
‘‘(b) With respect to acts of espionage involving or directed
at the United States, the Attorney General may reward any individ-
ual who furnishes information—
‘‘(1) leading to the arrest or conviction, in any country,
of any individual or individuals for commission of an act of
espionage against the United States;
‘‘(2) leading to the arrest or conviction, in any country,
of any individual or individuals for conspiring or attempting
to commit an act of espionage against the United States; or
‘‘(3) leading to the prevention or frustration of an act of
espionage against the United States.’’.
(b) DEFINITIONS.—Section 3077 of such title is amended—
(1) by striking ‘‘and’’ at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(8) ‘act of espionage’ means an activity that is a violation
of—
‘‘(A) section 793, 794, or 798 of title 18, United States
Code; or
‘‘(B) section 4 of the Subversive Activities Control Act
of 1950.’’.
(c) CLERICAL AMENDMENTS.—(1) The item relating to chapter
204 in the table of chapters for part II of such title is amended
to read as follows:
‘‘204. Rewards for information concerning terrorist acts and espio-
nage .......................................................................................................... 3071’’.
(2) The heading for chapter 204 of such title is amended to
read as follows:
‘‘CHAPTER 204—REWARDS FOR INFORMATION
CONCERNING TERRORIST ACTS AND ESPIONAGE’’.
SEC. 804. CRIMINAL FORFEITURE FOR VIOLATION OF CERTAIN ESPIO-
NAGE LAWS.
(a) IN GENERAL.—Section 798 of title 18, United States Code,
is amended by adding at the end the following new subsection:
‘‘(d)(1) Any person convicted of a violation of this section shall
forfeit to the United States irrespective of any provision of State
law—
‘‘(A) any property constituting, or derived from, any pro-
ceeds 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 defend-
ant forfeit to the United States all property described in para-
graph (1).
‘‘(3) Except as provided in paragraph (4), the provisions of
subsections (b), (c), and (e) through (p) of section 413 of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853 (b), (c), and (e)–(p)), shall apply to—
‘‘(A) property subject to forfeiture under this subsection;
‘‘(B) any seizure or disposition of such property; and
H. R. 4299—18
‘‘(C) any administrative or judicial proceeding in relation
to such property,
if not inconsistent with this subsection.
‘‘(4) Notwithstanding section 524(c) of title 28, there shall be
deposited in the Crime Victims Fund established under section
1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all
amounts from the forfeiture of property under this subsection
remaining after the payment of expenses for forfeiture and sale
authorized by law.
‘‘(5) As used in this subsection, the term ‘State’ means any
State of the United States, the District of Columbia, the Common-
wealth of Puerto Rico, the Trust Territory of the Pacific Islands,
and any territory or possession of the United States.’’.
(b) AMENDMENTS FOR CONSISTENCY IN APPLICATION OF FORFEIT-
URE UNDER TITLE 18.—(1) Section 793(h)(3) of such title is amended
in the matter preceding subparagraph (A) by striking out ‘‘(o)’’
each place it appears and inserting in lieu thereof ‘‘(p)’’.
(2) Section 794(d)(3) of such title is amended in the matter
preceding subparagraph (A) by striking out ‘‘(o)’’ each place it
appears and inserting in lieu thereof ‘‘(p)’’.
(c) SUBVERSIVE ACTIVITIES CONTROL ACT.—Section 4 of the
Subversive Activities Control Act of 1950 (50 U.S.C. 783) is amended
by adding at the end the following new subsection:
‘‘(e)(1) Any person convicted of a violation of this section shall
forfeit to the United States irrespective of any provision of State
law—
‘‘(A) any property constituting, or derived from, any pro-
ceeds 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 defend-
ant forfeit to the United States all property described in para-
graph (1).
‘‘(3) Except as provided in paragraph (4), the provisions of
subsections (b), (c), and (e) through (p) of section 413 of the Com-
prehensive Drug Abuse Prevention and Control Act of 1970 (21
U.S.C. 853 (b), (c), and (e)–(p)) shall apply to—
‘‘(A) property subject to forfeiture under this subsection;
‘‘(B) any seizure or disposition of such property; and
‘‘(C) any administrative or judicial proceeding in relation
to such property,
if not inconsistent with this subsection.
‘‘(4) Notwithstanding section 524(c) of title 28, there shall be
deposited in the Crime Victims Fund established under section
1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) all
amounts from the forfeiture of property under this subsection
remaining after the payment of expenses for forfeiture and sale
authorized by law.
‘‘(5) As used in this subsection, the term ‘State’ means any
State of the United States, the District of Columbia, the Common-
wealth of Puerto Rico, the Trust Territory of the Pacific Islands,
and any territory or possession of the United States.’’.
H. R. 4299—19
SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PERSONS CON-
VICTED OF ESPIONAGE IN FOREIGN COURTS INVOLVING
UNITED STATES INFORMATION.
Section 8312 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:
‘‘(d)(1) For purposes of subsections (b)(1) and (c)(1), an offense
within the meaning of such subsections is established if the Attor-
ney General of the United States certifies to the agency administer-
ing the annuity or retired pay concerned—
‘‘(A) that an individual subject to this chapter has been
convicted by an impartial court of appropriate jurisdiction
within a foreign country in circumstances in which the conduct
violates the provisions of law enumerated in subsections (b)(1)
and (c)(1), or would violate such provisions had such conduct
taken place within the United States, and that such conviction
is not being appealed or that final action has been taken
on such appeal;
‘‘(B) that such conviction was obtained in accordance with
procedures that provided the defendant due process rights com-
parable to such rights provided by the United States Constitu-
tion, and such conviction was based upon evidence which would
have been admissible in the courts of the United States; and
‘‘(C) that such conviction occurred after the date of enact-
ment of this subsection.
‘‘(2) Any certification made pursuant to this subsection shall
be subject to review by the United States Court of Claims based
upon the application of the individual concerned, or his or her
attorney, alleging that any of the conditions set forth in subpara-
graphs (A), (B), or (C) of paragraph (1), as certified by the Attorney
General, have not been satisfied in his or her particular cir-
cumstances. Should the court determine that any of these conditions
has not been satisfied in such case, the court shall order any
annuity or retirement benefit to which the person concerned is
entitled to be restored and shall order that any payments which
may have been previously denied or withheld to be paid by the
department or agency concerned.’’.
SEC. 806. POSTEMPLOYMENT 
ASSISTANCE 
FOR 
CERTAIN 
TERMI-
NATED INTELLIGENCE EMPLOYEES OF THE DEPARTMENT
OF DEFENSE.
(a) CONSOLIDATION AND EXTENSION OF AUTHORITY.—
(1) IN GENERAL.—Chapter 81 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 1599. Postemployment assistance: certain terminated intel-
ligence employees
‘‘(a) AUTHORITY.—Subject to subsection (c), the Secretary of
Defense may, in the case of any individual who is a qualified
former intelligence employee, use appropriated funds—
‘‘(1) to assist that individual in finding and qualifying for
employment other than in an intelligence component of the
Department of Defense;
‘‘(2) to assist that individual in meeting the expenses of
treatment of medical or psychological disabilities of that individ-
ual; and
H. R. 4299—20
‘‘(3) to provide financial support to that individual during
periods of unemployment.
‘‘(b) QUALIFIED FORMER INTELLIGENCE EMPLOYEES.—For pur-
poses of this section, a qualified former intelligence employee is
an individual who was employed as a civilian employee of the
Department of Defense in a sensitive position in an intelligence
component of the Department of Defense—
‘‘(1) who has been found to be ineligible for continued
access to information designated as ‘Sensitive Compartmented
Information’ and employment with the intelligence component;
or
‘‘(2) whose employment with the intelligence component
has been terminated.
‘‘(c) CONDITIONS.—Assistance may be provided to a qualified
former intelligence employee under subsection (a) only if the Sec-
retary determines that such assistance is essential to—
‘‘(1) maintain the judgment and emotional stability of the
qualified former intelligence employee; and
‘‘(2) avoid circumstances that might lead to the unlawful
disclosure of classified information to which the qualified former
intelligence employee had access.
‘‘(d) DURATION OF ASSISTANCE.—Assistance may not be provided
under this section in the case of any individual after the end
of the five-year period beginning on the date of the termination
of the employment of the individual with an intelligence component
of the Department of Defense.
‘‘(e) ANNUAL REPORT.—(1) The Secretary of Defense shall sub-
mit to the congressional committees specified in paragraph (2)
an annual report with respect to any expenditure made under
this section.
‘‘(2) The committees referred to in paragraph (1) are the
following:
‘‘(A) The Committees on Armed Services and Appropria-
tions and the Permanent Select Committee on Intelligence of
the House of Representatives.
‘‘(B) The Committees on Armed Services and Appropria-
tions and the Select Committee on Intelligence of the Senate.
‘‘(f) DEFINITION.—In this section, the term ‘intelligence compo-
nent of the Department of Defense’ means any of the following:
‘‘(1) The National Security Agency.
‘‘(2) The Defense Intelligence Agency.
‘‘(3) The National Reconnaissance Office.
‘‘(4) The Central Imagery Office.
‘‘(5) The intelligence components of any of the military
departments.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding at the end
the following new item:
‘‘1599. Postemployment assistance: certain terminated intelligence employees.’’.
(b) REPEAL OF PREDECESSOR AUTHORITY.—
(1) DEFENSE INTELLIGENCE AGENCY.—Paragraph (4) of sec-
tion 1604(e) of title 10, United States Code, is repealed.
(2) NATIONAL
SECURITY
AGENCY.—Section 17 of the
National Security Agency Act of 1959 (50 U.S.C. 402 note)
is repealed.
H. R. 4299—21
SEC. 807. PROVIDING A COURT ORDER PROCESS FOR PHYSICAL
SEARCHES UNDERTAKEN FOR FOREIGN INTELLIGENCE
PURPOSES.
(a) AMENDMENT OF THE FOREIGN INTELLIGENCE SURVEILLANCE
ACT OF 1978.—The Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.) is amended—
(1) by redesignating title III as title IV and section 301
as section 401, respectively;
(2) in section 401 (as so redesignated) by inserting ‘‘(other
than title III)’’ after ‘‘provisions of this Act’’; and
(3) by inserting after title II the following new title:
‘‘TITLE III—PHYSICAL SEARCHES WITH-
IN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES
‘‘DEFINITIONS
‘‘SEC. 301. As used in this title:
‘‘(1) The terms ‘foreign power’, ‘agent of a foreign power’,
‘international 
terrorism’, 
‘sabotage’, 
‘foreign 
intelligence
information’, ‘Attorney General’, ‘United States person’, ‘United
States’, ‘person’, and ‘State’ shall have the same meanings
as in section 101 of this Act, except as specifically provided
by this title.
‘‘(2) ‘Aggrieved person’ means a person whose premises,
property, information, or material is the target of physical
search or any other person whose premises, property, informa-
tion, or material was subject to physical search.
‘‘(3) ‘Foreign Intelligence Surveillance Court’ means the
court established by section 103(a) of this Act.
‘‘(4) ‘Minimization procedures’ with respect to physical
search, means—
‘‘(A) specific procedures, which shall be adopted by
the Attorney General, that are reasonably designed in light
of the purposes and technique of the particular physical
search, to minimize the acquisition and retention, and pro-
hibit the dissemination, of nonpublicly available informa-
tion concerning unconsenting United States persons
consistent with the need of the United States to obtain,
produce, and disseminate foreign intelligence information;
‘‘(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information,
as defined in section 101(e)(1) of this Act, shall not be
disseminated in a manner that identifies any United States
person, without such person’s consent, unless such person’s
identity is necessary to understand such foreign intelligence
information or assess its importance;
‘‘(C) notwithstanding subparagraphs (A) and (B), proce-
dures that allow for the retention and dissemination of
information that is evidence of a crime which has been,
is being, or is about to be committed and that is to be
retained or disseminated for law enforcement purposes;
and
H. R. 4299—22
‘‘(D) notwithstanding subparagraphs (A), (B), and (C),
with respect to any physical search approved pursuant
to section 302(a), procedures that require that no informa-
tion, material, or property of a United States person shall
be disclosed, disseminated, or used for any purpose or
retained for longer than 24 hours unless a court order
under section 304 is obtained or unless the Attorney Gen-
eral determines that the information indicates a threat
of death or serious bodily harm to any person.
‘‘(5) ‘Physical search’ means any physical intrusion within
the United States into premises or property (including examina-
tion of the interior of property by technical means) that is
intended to result in a seizure, reproduction, inspection, or
alteration of information, material, or property, under cir-
cumstances in which a person has a reasonable expectation
of privacy and a warrant would be required for law enforcement
purposes, but does not include (A) ‘electronic surveillance’, as
defined in section 101(f) of this Act, or (B) the acquisition
by the United States Government of foreign intelligence
information from international or foreign communications, or
foreign intelligence activities conducted in accordance with
otherwise applicable Federal law involving a foreign electronic
communications system, utilizing a means other than electronic
surveillance as defined in section 101(f) of this Act.
‘‘AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN INTELLIGENCE
PURPOSES
‘‘SEC. 302. (a)(1) Notwithstanding any other provision of law,
the President, acting through the Attorney General, may authorize
physical searches without a court order under this title to acquire
foreign intelligence information for periods of up to one year if—
‘‘(A) the Attorney General certifies in writing under oath
that—
‘‘(i) the physical search is solely directed at premises,
information, material, or property used exclusively by, or
under the open and exclusive control of, a foreign power
or powers (as defined in section 101(a) (1), (2), or (3));
‘‘(ii) there is no substantial likelihood that the physical
search will involve the premises, information, material,
or property of a United States person; and
‘‘(iii) the proposed minimization procedures with
respect to such physical search meet the definition of mini-
mization procedures under paragraphs (1) through (4) of
section 301(4); and
‘‘(B) the Attorney General reports such minimization proce-
dures and any changes thereto to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate at least
30 days before their effective date, unless the Attorney General
determines that immediate action is required and notifies the
committees immediately of such minimization procedures and
the reason for their becoming effective immediately.
‘‘(2) A physical search authorized by this subsection may be
conducted only in accordance with the certification and minimiza-
tion procedures adopted by the Attorney General. The Attorney
General shall assess compliance with such procedures and shall
report such assessments to the Permanent Select Committee on
H. R. 4299—23
Intelligence of the House of Representatives and the Select Commit-
tee on Intelligence of the Senate under the provisions of sec-
tion 306.
‘‘(3) The Attorney General shall immediately transmit under
seal to the Foreign Intelligence Surveillance Court a copy of the
certification. Such certification shall be maintained under security
measures established by the Chief Justice of the United States
with the concurrence of the Attorney General, in consultation with
the Director of Central Intelligence, and shall remain sealed
unless—
‘‘(A) an application for a court order with respect to the
physical search is made under section 301(4) and section 303;
or
‘‘(B) the certification is necessary to determine the legality
of the physical search under section 305(g).
‘‘(4)(A) With respect to physical searches authorized by this
subsection, the Attorney General may direct a specified landlord,
custodian, or other specified person to—
‘‘(i) furnish all information, facilities, or assistance nec-
essary to accomplish the physical search in such a manner
as will protect its secrecy and produce a minimum of inter-
ference with the services that such landlord, custodian, or other
person is providing the target of the physical search; and
‘‘(ii) maintain under security procedures approved by the
Attorney General and the Director of Central Intelligence any
records concerning the search or the aid furnished that such
person wishes to retain.
‘‘(B) The Government shall compensate, at the prevailing rate,
such landlord, custodian, or other person for furnishing such aid.
‘‘(b) Applications for a court order under this title are authorized
if the President has, by written authorization, empowered the Attor-
ney General to approve applications to the Foreign Intelligence
Surveillance Court. Notwithstanding any other provision of law,
a judge of the court to whom application is made may grant an
order in accordance with section 304 approving a physical search
in the United States of the premises, property, information, or
material of a foreign power or an agent of a foreign power for
the purpose of collecting foreign intelligence information.
‘‘(c) The Foreign Intelligence Surveillance Court shall have
jurisdiction to hear applications for and grant orders approving
a physical search for the purpose of obtaining foreign intelligence
information anywhere within the United States under the proce-
dures set forth in this title, except that no judge shall hear the
same application which has been denied previously by another
judge designated under section 103(a) of this Act. If any judge
so designated denies an application for an order authorizing a
physical search under this title, such judge shall provide imme-
diately for the record a written statement of each reason for such
decision and, on motion of the United States, the record shall
be transmitted, under seal, to the court of review established under
section 103(b).
‘‘(d) The court of review established under section 103(b) shall
have jurisdiction to review the denial of any application made
under this title. If such court determines that the application was
properly denied, the court shall immediately provide for the record
a written statement of each reason for its decision and, on petition
of the United States for a writ of certiorari, the record shall be
H. R. 4299—24
transmitted under seal to the Supreme Court, which shall have
jurisdiction to review such decision.
‘‘(e) Judicial proceedings under this title shall be concluded
as expeditiously as possible. The record of proceedings under this
title, including applications made and orders granted, shall be main-
tained under security measures established by the Chief Justice
of the United States in consultation with the Attorney General
and the Director of Central Intelligence.
‘‘APPLICATION FOR AN ORDER
‘‘SEC. 303. (a) Each application for an order approving a physical
search under this title shall be made by a Federal officer in writing
upon oath or affirmation to a judge of the Foreign Intelligence
Surveillance Court. Each application shall require the approval
of the Attorney General based upon the Attorney General’s finding
that it satisfies the criteria and requirements for such application
as set forth in this title. Each application shall include—
‘‘(1) the identity of the Federal officer making the applica-
tion;
‘‘(2) the authority conferred on the Attorney General by
the President and the approval of the Attorney General to
make the application;
‘‘(3) the identity, if known, or a description of the target
of the search, and a detailed description of the premises or
property to be searched and of the information, material, or
property to be seized, reproduced, or altered;
‘‘(4) a statement of the facts and circumstances relied upon
by the applicant to justify the applicant’s belief that—
‘‘(A) the target of the physical search is a foreign power
or an agent of a foreign power;
‘‘(B) the premises or property to be searched contains
foreign intelligence information; and
‘‘(C) the premises or property to be searched is owned,
used, possessed by, or is in transit to or from a foreign
power or an agent of a foreign power;
‘‘(5) a statement of the proposed minimization procedures;
‘‘(6) a statement of the nature of the foreign intelligence
sought and the manner in which the physical search is to
be conducted;
‘‘(7) a certification or certifications by the Assistant to
the President for National Security Affairs or an executive
branch official or officials designated by the President from
among those executive branch officers employed in the area
of national security or defense and appointed by the President,
by and with the advice and consent of the Senate—
‘‘(A) that the certifying official deems the information
sought to be foreign intelligence information;
‘‘(B) that the purpose of the search is to obtain foreign
intelligence information;
‘‘(C) that such information cannot reasonably be
obtained by normal investigative techniques;
‘‘(D) that designates the type of foreign intelligence
information being sought according to the categories
described in section 101(e); and
‘‘(E) includes a statement explaining the basis for the
certifications required by subparagraphs (C) and (D);
H. R. 4299—25
‘‘(8) where the physical search involves a search of the
residence of a United States person, the Attorney General
shall state what investigative techniques have previously been
utilized to obtain the foreign intelligence information concerned
and the degree to which these techniques resulted in acquiring
such information; and
‘‘(9) a statement of the facts concerning all previous applica-
tions that have been made to any judge under this title involv-
ing any of the persons, premises, or property specified in the
application, and the action taken on each previous application.
‘‘(b) The Attorney General may require any other affidavit
or certification from any other officer in connection with the
application.
‘‘(c) The judge may require the applicant to furnish such other
information as may be necessary to make the determinations
required by section 304.
‘‘ISSUANCE OF AN ORDER
‘‘SEC. 304. (a) Upon an application made pursuant to section
303, the judge shall enter an ex parte order as requested or as
modified approving the physical search if the judge finds that—
‘‘(1) the President has authorized the Attorney General
to approve applications for physical searches for foreign intel-
ligence purposes;
‘‘(2) the application has been made by a Federal officer
and approved by the Attorney General;
‘‘(3) on the basis of the facts submitted by the applicant
there is probable cause to believe that—
‘‘(A) the target of the physical search is a foreign power
or an agent of a foreign power, except that no United
States person may be considered an agent of a foreign
power solely upon the basis of activities protected by the
first amendment to the Constitution of the United States;
and
‘‘(B) the premises or property to be searched is owned,
used, possessed by, or is in transit to or from an agent
of a foreign power or a foreign power;
‘‘(4) the proposed minimization procedures meet the defini-
tion of minimization contained in this title; and
‘‘(5) the application which has been filed contains all state-
ments and certifications required by section 303, and, if the
target is a United States person, the certification or certifi-
cations are not clearly erroneous on the basis of the statement
made under section 303(a)(7)(E) and any other information
furnished under section 303(c).
‘‘(b) An order approving a physical search under this section
shall—
‘‘(1) specify—
‘‘(A) the identity, if known, or a description of the
target of the physical search;
‘‘(B) the nature and location of each of the premises
or property to be searched;
‘‘(C) the type of information, material, or property to
be seized, altered, or reproduced;
‘‘(D) a statement of the manner in which the physical
search is to be conducted and, whenever more than one
physical search is authorized under the order, the author-
H. R. 4299—26
ized scope of each search and what minimization proce-
dures shall apply to the information acquired by each
search; and
‘‘(E) the period of time during which physical searches
are approved; and
‘‘(2) direct—
‘‘(A) that the minimization procedures be followed;
‘‘(B) that, upon the request of the applicant, a specified
landlord, custodian, or other specified person furnish the
applicant forthwith all information, facilities, or assistance
necessary to accomplish the physical search in such a man-
ner as will protect its secrecy and produce a minimum
of interference with the services that such landlord, custo-
dian, or other person is providing the target of the physical
search;
‘‘(C) that such landlord, custodian, or other person
maintain under security procedures approved by the Attor-
ney General and the Director of Central Intelligence any
records concerning the search or the aid furnished that
such person wishes to retain;
‘‘(D) that the applicant compensate, at the prevailing
rate, such landlord, custodian, or other person for furnish-
ing such aid; and
‘‘(E) that the Federal officer conducting the physical
search promptly report to the court the circumstances and
results of the physical search.
‘‘(c)(1) An order issued under this section may approve a phys-
ical search for the period necessary to achieve its purpose, or
for forty-five days, whichever is less, except that an order under
this section shall approve a physical search targeted against a
foreign power, as defined in paragraph (1), (2), or (3) of section
101(a), for the period specified in the application or for one year,
whichever is less.
‘‘(2) Extensions of an order issued under this title may be
granted on the same basis as the original order upon an application
for an extension and new findings made in the same manner
as required for the original order, except that an extension of
an order under this Act for a physical search targeted against
a foreign power, as defined in section 101(a) (5) or (6), or against
a foreign power, as defined in section 101(a)(4), that is not a
United States person, may be for a period not to exceed one year
if the judge finds probable cause to believe that no property of
any individual United States person will be acquired during the
period.
‘‘(3) At or before the end of the period of time for which
a physical search is approved by an order or an extension, or
at any time after a physical search is carried out, the judge may
assess compliance with the minimization procedures by reviewing
the circumstances under which information concerning United
States persons was acquired, retained, or disseminated.
‘‘(d)(1)(A) Notwithstanding any other provision of this title,
whenever the Attorney General reasonably makes the determina-
tion specified in subparagraph (B), the Attorney General may
authorize the execution of an emergency physical search if—
‘‘(i) a judge having jurisdiction under section 103 is
informed by the Attorney General or the Attorney General’s
H. R. 4299—27
designee at the time of such authorization that the decision
has been made to execute an emergency search, and
‘‘(ii) an application in accordance with this title is made
to that judge as soon as practicable but not more than 24
hours after the Attorney General authorizes such search.
‘‘(B) The determination referred to in subparagraph (A) is a
determination that—
‘‘(i) an emergency situation exists with respect to the execu-
tion of a physical search to obtain foreign intelligence informa-
tion before an order authorizing such search can with due
diligence be obtained, and
‘‘(ii) the factual basis for issuance of an order under this
title to approve such a search exists.
‘‘(2) If the Attorney General authorizes an emergency search
under paragraph (1), the Attorney General shall require that the
minimization procedures required by this title for the issuance
of a judicial order be followed.
‘‘(3) In the absence of a judicial order approving such a physical
search, the search shall terminate the earlier of—
‘‘(A) the date on which the information sought is obtained;
‘‘(B) the date on which the application for the order is
denied; or
‘‘(C) the expiration of 24 hours from the time of authoriza-
tion by the Attorney General.
‘‘(4) In the event that such application for approval is denied,
or in any other case where the physical search is terminated and
no order is issued approving the search, no information obtained
or evidence derived from such search shall be received in evidence
or otherwise disclosed in any trial, hearing, or other proceeding
in or before any court, grand jury, department, office, agency, regu-
latory body, legislative committee, or other authority of the United
States, a State, or political subdivision thereof, and no information
concerning any United States person acquired from such search
shall subsequently be used or disclosed in any other manner by
Federal officers or employees without the consent of such person,
except with the approval of the Attorney General, if the information
indicates a threat of death or serious bodily harm to any person.
A denial of the application made under this subsection may be
reviewed as provided in section 302.
‘‘(e) Applications made and orders granted under this title
shall be retained for a period of at least 10 years from the date
of the application.
‘‘USE OF INFORMATION
‘‘SEC. 305. (a) Information acquired from a physical search
conducted pursuant to this title concerning any United States per-
son may be used and disclosed by Federal officers and employees
without the consent of the United States person only in accordance
with the minimization procedures required by this title. No informa-
tion acquired from a physical search pursuant to this title may
be used or disclosed by Federal officers or employees except for
lawful purposes.
‘‘(b) Where a physical search authorized and conducted pursu-
ant to section 304 involves the residence of a United States person,
and, at any time after the search the Attorney General determines
there is no national security interest in continuing to maintain
the secrecy of the search, the Attorney General shall provide notice
H. R. 4299—28
to the United States person whose residence was searched of the
fact of the search conducted pursuant to this Act and shall identify
any property of such person seized, altered, or reproduced during
such search.
‘‘(c) No information acquired pursuant to this title shall be
disclosed for law enforcement purposes unless such disclosure is
accompanied by a statement that such information, or any informa-
tion derived therefrom, may only be used in a criminal proceeding
with the advance authorization of the Attorney General.
‘‘(d) Whenever the United States intends to enter into evidence
or otherwise use or disclose in any trial, hearing, or other proceeding
in or before any court, department, officer, agency, regulatory body,
or other authority of the United States, against an aggrieved person,
any information obtained or derived from a physical search pursu-
ant to the authority of this title, the United States shall, prior
to the trial, hearing, or the other proceeding or at a reasonable
time prior to an effort to so disclose or so use that information
or submit it in evidence, notify the aggrieved person and the court
or other authority in which the information is to be disclosed
or used that the United States intends to so disclose or so use
such information.
‘‘(e) Whenever any State or political subdivision thereof intends
to enter into evidence or otherwise use or disclose in any trial,
hearing, or other proceeding in or before any court, department,
officer, agency, regulatory body, or other authority of a State or
a political subdivision thereof against an aggrieved person any
information obtained or derived from a physical search pursuant
to the authority of this title, the State or political subdivision
thereof shall notify the aggrieved person, the court or other author-
ity in which the information is to be disclosed or used, and the
Attorney General that the State or political subdivision thereof
intends to so disclose or so use such information.
‘‘(f)(1) Any person against whom evidence obtained or derived
from a physical search to which he is an aggrieved person is
to be, or has been, introduced or otherwise used or disclosed in
any trial, hearing, or other proceeding in or before any court,
department, officer, agency, regulatory body, or other authority
of the United States, a State, or a political subdivision thereof,
may move to suppress the evidence obtained or derived from such
search on the grounds that—
‘‘(A) the information was unlawfully acquired; or
‘‘(B) the physical search was not made in conformity with
an order of authorization or approval.
‘‘(2) Such a motion shall be made before the trial, hearing,
or other proceeding unless there was no opportunity to make such
a motion or the person was not aware of the grounds of the motion.
‘‘(g) Whenever a court or other authority is notified pursuant
to subsection (d) or (e), or whenever a motion is made pursuant
to subsection (f), or whenever any motion or request is made by
an aggrieved person pursuant to any other statute or rule of the
United States or any State before any court or other authority
of the United States or any State to discover or obtain applications
or orders or other materials relating to a physical search authorized
by this title or to discover, obtain, or suppress evidence or informa-
tion obtained or derived from a physical search authorized by this
title, the United States district court or, where the motion is made
before another authority, the United States district court in the
H. R. 4299—29
same district as the authority shall, notwithstanding any other
provision of law, if the Attorney General files an affidavit under
oath that disclosure or any adversary hearing would harm the
national security of the United States, review in camera and ex
parte the application, order, and such other materials relating
to the physical search as may be necessary to determine whether
the physical search of the aggrieved person was lawfully authorized
and conducted. In making this determination, the court may disclose
to the aggrieved person, under appropriate security procedures
and protective orders, portions of the application, order, or other
materials relating to the physical search, or may require the Attor-
ney General to provide to the aggrieved person a summary of
such materials, only where such disclosure is necessary to make
an accurate determination of the legality of the physical search.
‘‘(h) If the United States district court pursuant to subsection
(g) determines that the physical search was not lawfully authorized
or conducted, it shall, in accordance with the requirements of law,
suppress the evidence which was unlawfully obtained or derived
from the physical search of the aggrieved person or otherwise
grant the motion of the aggrieved person. If the court determines
that the physical search was lawfully authorized or conducted,
it shall deny the motion of the aggrieved person except to the
extent that due process requires discovery or disclosure.
‘‘(i) Orders granting motions or requests under subsection (h),
decisions under this section that a physical search was not lawfully
authorized or conducted, and orders of the United States district
court requiring review or granting disclosure of applications, orders,
or other materials relating to the physical search shall be final
orders and binding upon all courts of the United States and the
several States except a United States Court of Appeals or the
Supreme Court.
‘‘(j)(1) If an emergency execution of a physical search is author-
ized under section 304(d) and a subsequent order approving the
search is not obtained, the judge shall cause to be served on any
United States person named in the application and on such other
United States persons subject to the search as the judge may
determine in his discretion it is in the interests of justice to serve,
notice of—
‘‘(A) the fact of the application;
‘‘(B) the period of the search; and
‘‘(C) the fact that during the period information was or
was not obtained.
‘‘(2) On an ex parte showing of good cause to the judge, the
serving of the notice required by this subsection may be postponed
or suspended for a period not to exceed 90 days. Thereafter, on
a further ex parte showing of good cause, the court shall forego
ordering the serving of the notice required under this subsection.
‘‘CONGRESSIONAL OVERSIGHT
‘‘SEC. 306. On a semiannual basis the Attorney General shall
fully inform the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on Intel-
ligence of the Senate concerning all physical searches conducted
pursuant to this title. On a semiannual basis the Attorney General
shall also provide to those committees and the Committees on
the Judiciary of the House of Representatives and the Senate a
report setting forth with respect to the preceding six-month period—
H. R. 4299—30
‘‘(1) the total number of applications made for orders
approving physical searches under this title;
‘‘(2) the total number of such orders either granted, modi-
fied, or denied; and
‘‘(3) the number of physical searches which involved
searches of the residences, offices, or personal property of
United States persons, and the number of occasions, if any,
where the Attorney General provided notice pursuant to sec-
tion 305(b).
‘‘PENALTIES
‘‘SEC. 307. (a) A person is guilty of an offense if he inten-
tionally—
‘‘(1) under color of law for the purpose of obtaining foreign
intelligence information, executes a physical search within the
United States except as authorized by statute; or
‘‘(2) discloses or uses information obtained under color of
law by physical search within the United States, knowing or
having reason to know that the information was obtained
through physical search not authorized by statute, for the pur-
pose of obtaining intelligence information.
‘‘(b) It is a defense to a prosecution under subsection (a) that
the defendant was a law enforcement or investigative officer
engaged in the course of his official duties and the physical search
was authorized by and conducted pursuant to a search warrant
or court order of a court of competent jurisdiction.
‘‘(c) An offense described in this section is punishable by a
fine of not more than $10,000 or imprisonment for not more than
five years, or both.
‘‘(d) There is Federal jurisdiction over an offense under this
section if the person committing the offense was an officer or
employee of the United States at the time the offense was
committed.
‘‘CIVIL LIABILITY
‘‘SEC. 308. An aggrieved person, other than a foreign power
or an agent of a foreign power, as defined in section 101 (a) or
(b)(1)(A), respectively, of this Act, whose premises, property,
information, or material has been subjected to a physical search
within the United States or about whom information obtained by
such a physical search has been disclosed or used in violation
of section 307 shall have a cause of action against any person
who committed such violation and shall be entitled to recover—
‘‘(1) actual damages, but not less than liquidated damages
of $1,000 or $100 per day for each day of violation, whichever
is greater;
‘‘(2) punitive damages; and
‘‘(3) reasonable attorney’s fees and other investigative and
litigation costs reasonably incurred.
‘‘AUTHORIZATION DURING TIME OF WAR
‘‘SEC. 309. Notwithstanding any other provision of law, the
President, through the Attorney General, may authorize physical
searches without a court order under this title to acquire foreign
intelligence information for a period not to exceed 15 calendar
days following a declaration of war by the Congress.’’.
H. R. 4299—31
(b) CLERICAL AMENDMENT.—The table of contents in the first
section of the Foreign Intelligence Surveillance Act of 1978 is
amended by striking the items relating to title III and inserting
the following:
‘‘TITLE III—PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR
FOREIGN INTELLIGENCE PURPOSES
‘‘Sec. 301. Definitions.
‘‘Sec. 302. Authorization of physical searches for foreign intelligence purposes.
‘‘Sec. 303. Application for an order.
‘‘Sec. 304. Issuance of an order.
‘‘Sec. 305. Use of information.
‘‘Sec. 306. Congressional oversight.
‘‘Sec. 307. Penalties.
‘‘Sec. 308. Civil liability.
‘‘Sec. 309. Authorization during time of war.
‘‘TITLE IV—EFFECTIVE DATE
‘‘Sec. 401. Effective date.’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect 90 days after the date of enactment
of this Act, except that any physical search approved by the Attor-
ney General of the United States to gather foreign intelligence
information shall not be deemed unlawful for failure to follow
the procedures of title III of the Foreign Intelligence Surveillance
Act of 1978 (as added by this Act), if that search is conducted
within 180 days after the date of enactment of this Act pursuant
to regulations issued by the Attorney General, which were in the
possession of the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives before the date of enactment of this Act.
SEC. 808. LESSER CRIMINAL OFFENSE FOR UNAUTHORIZED REMOVAL
OF CLASSIFIED DOCUMENTS.
(a) IN GENERAL.—Chapter 93 of title 18, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1924. Unauthorized removal and retention of classified
documents or material
‘‘(a) Whoever, being an officer, employee, contractor, or consult-
ant of the United States, and, by virtue of his office, employment,
position, or contract, becomes possessed of documents or materials
containing classified information of the United States, knowingly
removes such documents or materials without authority and with
the intent to retain such documents or materials at an unauthorized
location shall be fined not more than $1,000, or imprisoned for
not more than one year, or both.
‘‘(b) For purposes of this section, the provision of documents
and materials to the Congress shall not constitute an offense under
subsection (a).
‘‘(c) In this section, the term ‘classified information of the United
States’ means information originated, owned, or possessed by the
United States Government concerning the national defense or
foreign relations of the United States that has been determined
pursuant to law or Executive order to require protection against
unauthorized disclosure in the interests of national security.’’.
H. R. 4299—32
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following:
‘‘1924. Unauthorized removal and retention of classified documents or material.’’.
SEC. 809. REPORTS ON FOREIGN INDUSTRIAL ESPIONAGE.
(a) IN GENERAL.—
(1) SUBMISSION AND CONTENTS.—In order to assist Congress
in its oversight functions with respect to this Act and to improve
the awareness of United States industry of foreign industrial
espionage and the ability of such industry to protect against
such espionage, the President shall submit to Congress a report
that describes, as of the time of the report, the following:
(A) The respective policy functions and operational
roles of the agencies of the executive branch of the Federal
Government in identifying and countering threats to United
States industry of foreign industrial espionage, including
the manner in which such functions and roles are coordi-
nated.
(B) The means by which the Federal Government
communicates information on such threats, and on methods
to protect against such threats, to United States industry
in general and to United States companies known to be
targets of foreign industrial espionage.
(C) The specific measures that are being or could be
undertaken in order to improve the activities referred to
in subparagraphs (A) and (B), including proposals for any
modifications of law necessary to facilitate the undertaking
of such activities.
(D) The threat to United States industry of foreign
industrial espionage and any trends in that threat,
including—
(i) the number and identity of the foreign govern-
ments conducting foreign industrial espionage;
(ii) the industrial sectors and types of information
and technology targeted by such espionage; and
(iii) the methods used to conduct such espionage.
(2) DATE OF SUBMISSION.—The President shall submit the
report required under this subsection not later than six months
after the date of the enactment of this Act.
(b) ANNUAL UPDATE.—Not later than one year after the date
referred to in paragraph (2) of subsection (a), and on the expiration
of each year thereafter, the President shall submit to Congress
a report updating the information referred to in paragraph (1)(D)
of that subsection.
(c) FORM OF REPORTS.—To the maximum extent practicable,
the reports referred to in subsections (a) and (b) shall be submitted
in an unclassified form, but may be accompanied by a classified
appendix.
(d) REPORT
UNDER
DEFENSE
PRODUCTION
ACT.—Section
721(k)(1)(B) of the Defense Production Act of 1950 (50 U.S.C. App.
2170(k)(1)(B)) is amended by inserting ‘‘or directly assisted’’ after
‘‘directed’’.
(e) DEFINITION.—For the purposes of this section, ‘‘foreign
industrial espionage’’ means industrial espionage conducted by a
foreign government or by a foreign company with direct assistance
of a foreign government against a private United States company
and aimed at obtaining commercial secrets.
H. R. 4299—33
SEC. 810. COUNTERNARCOTICS TARGETS FUNDING.
Not less than $5,000,000 from the base budget for the National
Security Agency shall be transferred to United States Army signals
intelligence activities directed at counternarcotics targets. A
detailed operations plan with special emphasis on the United States/
Mexico border and including the participation of the National Secu-
rity Agency, the Drug Enforcement Administration, the Federal
Bureau of Investigation, and the United States Customs Service,
shall be provided to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives no later than November 15, 1994.
This plan shall include a detailed description of the planned targets
and the type of intelligence collection, dissemination, analysis and
tasking that will be included in these operations.
SEC. 811. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.
(a) ESTABLISHMENT OF COUNTERINTELLIGENCE POLICY BOARD.—
There is established within the executive branch of Government
a National Counterintelligence Policy Board (in this section referred
to as the ‘‘Board’’). The Board shall report to the President through
the National Security Council.
(b) FUNCTION OF THE BOARD.—The Board shall serve as the
principal mechanism for—
(1) developing policies and procedures for the approval
of the President to govern the conduct of counterintelligence
activities; and
(2) resolving conflicts, as directed by the President, which
may arise between elements of the Government which carry
out such activities.
(c) COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH
THE FEDERAL BUREAU OF INVESTIGATION.—(1) Except as provided
in paragraph (3), the head of each department or agency within
the executive branch shall ensure that—
(A) the Federal Bureau of Investigation is advised imme-
diately of any information, regardless of its origin, which
indicates that classified information is being, or may have
been, disclosed in an unauthorized manner to a foreign power
or an agent of a foreign power;
(B) following a report made pursuant to subparagraph (A),
the Federal Bureau of Investigation is consulted with respect
to all subsequent actions which may be undertaken by the
department or agency concerned to determine the source of
such loss or compromise; and
(C) where, after appropriate consultation with the depart-
ment or agency concerned, the Federal Bureau of Investigation
undertakes investigative activities to determine the source of
the loss or compromise, the Federal Bureau of Investigation
is given complete and timely access to the employees and
records of the department or agency concerned for purposes
of such investigative activities.
(2) Except as provided in paragraph (3), the Director of the
Federal Bureau of Investigation shall ensure that espionage
information obtained by the Federal Bureau of Investigation
pertaining to the personnel, operations, or information of depart-
ments or agencies of the executive branch, is provided through
appropriate channels to the department or agency concerned, and
that such departments or agencies are consulted with respect to
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espionage investigations undertaken by the Federal Bureau of
Investigation which involve the personnel, operations, or informa-
tion of such department or agency after a report has been provided
pursuant to paragraph (1)(A).
(3) Where essential to meet extraordinary circumstances affect-
ing vital national security interests of the United States, the Presi-
dent may on a case-by-case basis waive the requirements of
paragraph (1) or (2), as they apply to the head of a particular
department or agency, or the Director of the Federal Bureau of
Investigation. Such waiver shall be in writing and shall fully state
the justification for such waiver. Within thirty days, the President
shall notify the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representatives that such waiver has been issued, and at that
time or as soon as national security considerations permit, provide
these committees with a complete explanation of the circumstances
which necessitated such waiver.
(4) The Director of the Federal Bureau of Investigation shall,
in consultation with the Director of Central Intelligence and the
Secretary of Defense, report annually, beginning on February 1,
1995, and continuing each year thereafter, to the Select Committee
on Intelligence of the Senate and to the Permanent Select Commit-
tee on Intelligence of the House of Representatives and, in accord-
ance with applicable security procedures, the Committees on the
Judiciary of the House of Representatives and the Senate with
respect to compliance with paragraphs (1) and (2) during the pre-
vious calendar year.
(5) Nothing in this section may be construed to alter the existing
jurisdictional arrangements between the Federal Bureau of Inves-
tigation and the Department of Defense with respect to investiga-
tions of persons subject to the Uniform Code of Military Justice,
nor to impose additional reporting requirements upon the Depart-
ment of Defense with respect to such investigations beyond those
required by existing law and executive branch policy.
(6) As used in this section, the terms ‘‘foreign power’’ and
‘‘agent of a foreign power’’ have the same meanings as set forth
in sections 101 (a) and (b), respectively, of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
TITLE IX—COMMISSION ON THE ROLES
AND CAPABILITIES OF THE UNITED
STATES INTELLIGENCE COMMUNITY
SEC. 901. ESTABLISHMENT.
There is established a commission to be known as the Commis-
sion on the Roles and Capabilities of the United States Intelligence
Community (hereafter in this title referred to as the ‘‘Commission’’).
SEC. 902. COMPOSITION AND QUALIFICATIONS.
(a) MEMBERSHIP.—(1) The Commission shall be composed of
17 members, as follows:
(A) Nine members shall be appointed by the President
from private life, no more than four of whom shall have pre-
viously held senior leadership positions in the intelligence
H. R. 4299—35
community and no more than five of whom shall be members
of the same political party.
(B) Two members shall be appointed by the majority leader
of the Senate, of whom one shall be a Member of the Senate
and one shall be from private life.
(C) Two members shall be appointed by the minority leader
of the Senate, of whom one shall be a Member of the Senate
and one shall be from private life.
(D) Two members shall be appointed by the Speaker of
the House of Representatives, of whom one shall be a Member
of the House and one shall be from private life.
(E) Two members shall be appointed by the Minority
Leader of the House of Representatives, of whom one shall
be a Member of the House and one shall be from private
life.
(2) The members of the Commission appointed from private
life under paragraph (1) shall be persons of demonstrated ability
and accomplishment in government, business, law, academe,
journalism, or other profession, who have a substantial background
in national security matters.
(b) CHAIRMAN AND VICE CHAIRMAN.—The President shall des-
ignate two of the members appointed from private life to serve
as Chairman and Vice Chairman, respectively, of the Commission.
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers but shall be filled in the
same manner as the original appointment.
(d) DEADLINE FOR APPOINTMENTS.—The appointments required
by subsection (a) shall be made within 45 days after the date
of enactment of this Act.
(e) MEETINGS.—(1) The Commission shall meet at the call of
the Chairman.
(2) The Commission shall hold its first meeting not later than
four months after the date of enactment of this Act.
(f) QUORUM.—Nine members of the Commission shall constitute
a quorum, but a lesser number of members may hold hearings,
take testimony, or receive evidence.
(g) SECURITY CLEARANCES.—Appropriate security clearances
shall be required for members of the Commission who are private
United States citizens. Such clearances shall be processed and
completed on an expedited basis by appropriate elements of the
executive branch of Government and shall, in any case, be completed
within 90 days of the date such members are appointed.
(h) APPLICATION
OF CERTAIN PROVISIONS
OF LAW.—In light
of the extraordinary and sensitive nature of its deliberations, the
provisions of the Federal Advisory Committee Act (5 U.S.C. App.),
and the regulations prescribed by the Administrator of General
Services pursuant to that Act, shall not apply to the Commission.
Further, the provisions of section 552 of title 5, United States
Code (commonly known as the ‘‘Freedom of Information Act’’), shall
not apply to the Commission; however, records of the Commission
shall be subject to the Federal Records Act and, when transferred
to the National Archives and Records Agency, shall no longer be
exempt from the provisions of such section 552.
SEC. 903. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—It shall be the duty of the Commission—
H. R. 4299—36
(1) to review the efficacy and appropriateness of the activi-
ties of the United States intelligence community in the post-
cold war global environment; and
(2) to prepare and transmit the reports described in sec-
tion 904.
(b) IMPLEMENTATION.—In carrying out subsection (a), the
Commission shall specifically consider the following:
(1) What should be the roles and missions of the intelligence
community in terms of providing support to the defense and
foreign policy establishments and how should these relate to
tactical intelligence activities.
(2) Whether the roles and missions of the intelligence
community should extend beyond the traditional areas of
providing support to the defense and foreign policy establish-
ments, and, if so, what areas should be considered legitimate
for intelligence collection and analysis, and whether such areas
should include, for example, economic issues, environmental
issues, and health issues.
(3) What functions, if any, should continue to be assigned
to the organizations of the intelligence community, including
the Central Intelligence Agency, and what capabilities should
these organizations retain for the future.
(4) Whether the existing organization and management
framework of the organizations of the intelligence community,
including the Central Intelligence Agency, provide the optimal
structure for the accomplishment of their missions.
(5) Whether existing principles and strategies governing
the acquisition and maintenance of intelligence collection
capabilities should be retained and what collection capabilities
should the Government retain to meet future contingencies.
(6) Whether intelligence analysis, as it is currently struc-
tured and executed, adds sufficient value to information other-
wise available to the Government to justify its continuation,
and, if so, at what level of resources.
(7) Whether the existing decentralized system of intel-
ligence analysis results in significant waste or duplication, and,
if so, what can be done to correct these deficiencies.
(8) Whether the existing arrangements for allocating avail-
able resources to accomplish the roles and missions assigned
to intelligence agencies are adequate.
(9) Whether the existing framework for coordinating among
intelligence agencies with respect to intelligence collection and
analysis and other activities, including training and operational
activities, provides an optimal structure for such coordination.
(10) Whether current personnel policies and practices of
intelligence agencies provide an optimal work force to satisfy
the needs of intelligence consumers.
(11) Whether resources for intelligence activities should
continue to be allocated as part of the defense budget or be
treated by the President and Congress as a separate budgetary
program.
(12) Whether the existing levels of resources allocated for
intelligence collection or intelligence analysis, or to provide
a capability to conduct covert actions, are seriously at variance
with United States needs.
H. R. 4299—37
(13) Whether there are areas of redundant or overlapping
activity or areas where there is evidence of serious waste,
duplication, or mismanagement.
(14) To what extent, if any, should the budget for United
States intelligence activities be publicly disclosed.
(15) To what extent, if any, should the United States intel-
ligence community collect information bearing upon private
commercial activity and the manner in which such information
should be controlled and disseminated.
(16) Whether counterintelligence policies and practices are
adequate to ensure that employees of intelligence agencies are
sensitive to security problems, and whether intelligence agen-
cies themselves have adequate authority and capability to
address perceived security problems.
(17) The manner in which the size, missions, capabilities,
and resources of the United States intelligence community com-
pare to those of other countries.
(18) Whether existing collaborative arrangements between
the United States and other countries in the area of intelligence
cooperation should be maintained and whether such arrange-
ments 
should 
be 
expanded 
to 
provide 
for 
increased
burdensharing.
(19) Whether existing arrangements for sharing intelligence
with multinational organizations in support of mutually shared
objectives are adequate.
SEC. 904. REPORTS.
(a) INITIAL REPORT.—Not later than two months after the first
meeting of the Commission, the Commission shall transmit to the
congressional intelligence committees a report setting forth its plan
for the work of the Commission.
(b) INTERIM REPORTS.—Prior to the submission of the report
required by subsection (c), the Commission may issue such interim
reports as it finds necessary and desirable.
(c) FINAL REPORT.—No later than March 1, 1996, the Commis-
sion shall submit to the President and to the congressional intel-
ligence committees a report setting forth the activities, findings,
and recommendations of the Commission, including any rec-
ommendations for the enactment of legislation that the Commission
considers advisable. To the extent feasible, such report shall be
unclassified and made available to the public. Such report shall
be supplemented as necessary by a classified report or annex,
which shall be provided separately to the President and the congres-
sional intelligence committees.
SEC. 905. POWERS.
(a) HEARINGS.—The Commission or, at its direction, any panel
or member of the Commission, may, for the purpose of carrying
out the provisions of this title, hold hearings, sit and act at times
and places, take testimony, receive evidence, and administer oaths
to the extent that the Commission or any panel or member considers
advisable.
(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission
may secure directly from any intelligence agency or from any other
Federal department or agency any information that the Commission
considers necessary to enable the Commission to carry out its
responsibilities under this section. Upon request of the Chairman
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of the Commission, the head of any such department or agency
shall furnish such information expeditiously to the Commission.
(c) POSTAL, PRINTING AND BINDING SERVICES.—The Commission
may use the United States mails and obtain printing and binding
services in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(d) SUBCOMMITTEES.—The Commission may establish panels
composed of less than the full membership of the Commission
for the purpose of carrying out the Commission’s duties. The actions
of each such panel shall be subject to the review and control
of the Commission. Any findings and determinations made by such
a panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(e) AUTHORITY
OF INDIVIDUALS TO ACT
FOR COMMISSION.—
Any member or agent of the Commission may, if authorized by
the Commission, take any action which the Commission is author-
ized to take under this title.
SEC. 906. PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Each member of the Commis-
sion who is a private United States citizen shall be paid, if
requested, at a rate equal to the daily equivalent of the annual
rate of basic pay payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in
the performance of the duties of the Commission. All members
of the Commission who are Members of Congress shall serve without
compensation in addition to that received for their services as
Members of Congress.
(b) TRAVEL EXPENSES.—Each member of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(c) STAFF.—
(1) IN GENERAL.—The Chairman of the Commission may,
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, appoint a
staff director and such additional personnel as may be nec-
essary to enable the Commission to perform its duties. The
staff director of the Commission shall be appointed from private
life, and such appointment shall be subject to the approval
of the Commission as a whole. No member of the professional
staff may be a current officer or employee of an intelligence
agency, except that up to three current employees of intelligence
agencies who are on rotational assignment to the Executive
Office of the President may serve on the Commission staff,
subject to the approval of the Commission as a whole.
(2) COMPENSATION.—The Chairman of the Commission may
fix the pay of the staff director and other personnel without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to classifica-
tion of positions and General Schedule pay rates, except that
the rate of pay fixed under this paragraph for the staff director
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title and the rate of pay
H. R. 4299—39
for other personnel may not exceed the maximum rate payable
for grade GS–15 of the General Schedule.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the
Chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the Commission to assist it in
carrying out its administrative and clerical functions.
(e) PROCUREMENT
OF TEMPORARY
AND INTERMITTENT SERV-
ICES.—The Chairman of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay payable for level V
of the Executive Schedule under section 5316 of such title.
(f) ADMINISTRATIVE AND SUPPORT SERVICES.—The Director of
Central Intelligence shall furnish the Commission, on a non-
reimbursable basis, any administrative and support services
requested by the Commission consistent with this title.
SEC. 907. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, per diem allowances of
members and employees of the Commission, and other expenses
of the Commission shall be paid out of funds available to the
Director of Central Intelligence for the payment of compensation,
travel allowances, and per diem allowances, respectively, of employ-
ees of the Central Intelligence Agency.
SEC. 908. TERMINATION OF THE COMMISSION.
The Commission shall terminate one month after the date
of the submission of the report required by section 904(c).
SEC. 909. DEFINITIONS.
For purposes of this title—
(1) the term ‘‘intelligence agency’’ means any agency, office,
or element of the intelligence community;
(2) the term ‘‘intelligence community’’ shall have the same
meaning as set forth in section 3(4) of the National Security
Act of 1947 (50 U.S.C. 401a(4)); and
(3) the term ‘‘congressional intelligence committees’’ refers
to the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.