I
103D CONGRESS
2D SESSION
H. R. 4137
To amend the National Security Act of 1947 to improve counterintelligence
measures through enhanced security for classified information, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 24, 1994
Mr. HYDE (for himself and Mr. WILSON) introduced the following bill; which
was referred jointly to the Committees on Permanent Select Committee
on Intelligence, the Judiciary, Banking, Finance and Urban Affairs, and
Post Office and Civil Service
A BILL
To amend the National Security Act of 1947 to improve
counterintelligence measures through enhanced security
for classified information, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Counterintelligence
Improvements Act of 1994’’.
SEC. 2. AMENDMENT TO THE NATIONAL SECURITY ACT OF
1947.
(a) The National Security Act of 1947 (50 U.S.C.
401 et seq.) is amended by inserting at the end thereof
the following new title:
‘‘TITLE VIII—ACCESS TO TOP SECRET
INFORMATION
‘‘ELIGIBILITY FOR ACCESS TO TOP SECRET INFORMATION
‘‘SEC. 801. (a) The President and Vice President,
Members of the Congress, Justices of the Supreme Court
and judges of other courts of the United States established
pursuant to Article III of the Constitution, shall, by virtue
of their elected or appointed positions, be entitled to access
to Top Secret information needed for the performance of
their governmental functions without regard to the other
provisions of this title.
‘‘(b) Among employees of the United States Govern-
ment, access to Top Secret information shall be limited
to employees—
‘‘(1) who have been granted access to such in-
formation pursuant to this title;
‘‘(2) who are citizens of the United States who
require routine access to such information for the
performance of official governmental functions; and
‘‘(3) who have been determined to be trust-
worthy based upon a background investigation and
appropriate reinvestigations and have otherwise sat-
isfied the requirements of section 802, below.
‘‘(c) Access to Top Secret information by persons
other than those identified in subsections (a) and (b) shall
be permitted only in accordance with the regulations is-
sued by the President pursuant to section 802 below.
‘‘IMPLEMENTING REGULATIONS
‘‘Sec. 802. The President shall, within 180 days of
enactment of this title, issue regulations to implement this
title which shall be binding upon all departments, agen-
cies, and offices of the Executive branch. These regula-
tions shall, at a minimum, provide that:
‘‘(1) No employee of the United States Govern-
ment shall be given access to Top Secret information
owned, originated or possessed by the United States,
after the effective date of this title, by any depart-
ment, agency, or entity of the United States Govern-
ment unless such person has been subject to an ap-
propriate background investigation and has—
‘‘(A) provided consent to the investigative
agency responsible for conducting the security
investigation of such person, during the initial
background investigation and for such times as
access to such information is maintained, and
for 5 years thereafter, permitting access to—
ized contacts’ does not include contacts made
within the context of an authorized diplomatic
relationship. Failure by the employee to comply
with any of the requirements of this subsection
shall constitute grounds for denial or termi-
nation of access to the Top Secret information
concerned.
‘‘(2) All employees granted access to Top Secret
information pursuant to this subsection shall also be
subject to—
‘‘(A) additional background investigations
by appropriate governmental authorities during
the period of access at no less frequent interval
than every 5 years, except that any failure to
satisfy this requirement that is not solely attrib-
utable to the subject of the investigation shall
not result in a loss or denial of access; and
‘‘(B) investigation by appropriate govern-
mental authority at any time during the period
of access to ascertain whether such persons
continue to meet the requirements for access.
‘‘(3) Access to Top Secret information by cat-
egories of persons who do not meet the requirements
of paragraphs (1) and (2) of this section may be
permitted only where the President, or officials des-
ignated by the President for this purpose, determine
that such access is essential to protect or further the
national security interests of the United States.
‘‘(4) A single office within the Executive branch
shall be designated to monitor the implementation
and operation of this title within the Executive
branch. This office shall submit an annual report to
the President and appropriate committees of the
Congress, describing the operation of this title and
recommending needed improvements. A copy of the
regulations implementing this title shall be provided
to the Select Committee on Intelligence of the Sen-
ate and the Permanent Select Committee on Intel-
ligence of the House of Representatives thirty days
prior to their effective date.
‘‘WAIVERS FOR INDIVIDUAL CASES
‘‘SEC. 803. In extraordinary circumstances, when es-
sential to protect or further the national security interests
of the United States, the President (or officials designated
by the President for this purpose) may waive the provi-
sions of this title, or the provisions of the regulations is-
sued pursuant to section 802, above, in individual cases
involving persons who are citizens of the United States
or are persons admitted into the United States for perma-
nent residence: Provided, That all such waivers shall be
made a matter of record and reported to the office des-
ignated pursuant to section 802(4), above, and shall be
available for review by the Select Committee on Intel-
ligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives.
‘‘DEFINITIONS
‘‘SEC. 804. For purposes of this title—
‘‘(a) the term ‘national security’ refers to the
national defense and foreign relations of the United
States;
‘‘(b) the phrases ‘information classified in the
interest of national security’ or ‘classified informa-
tion’ means any information originated by or on be-
half of the United States Government, the unauthor-
ized disclosure of which would cause damage to the
national security, which has been marked and is con-
trolled pursuant to the Executive Order 12356 of
April 2, 1982, or successor orders, or the Atomic
Energy Act of 1954;
‘‘(c) the term ‘Top Secret information’ means
information classified in the interests of national se-
curity, the unauthorized disclosure of which would
cause exceptionally grave damage to the national se-
curity;
‘‘(d) 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, is an unpaid con-
sultant of the United States Government, or other-
wise acts for or on behalf of the United States Gov-
ernment, but does not include the President or Vice
President of the United States, Members of the Con-
gress of the United States, Justices of the Supreme
Court or judges of other federal courts established
pursuant to Article III of the Constitution; and
‘‘(e) the term ‘authorized investigative agency’
means an agency authorized by law or regulation to
conduct investigations of persons who are proposed
for access to Top Secret information to ascertain
whether such persons satisfy the criteria for obtain-
ing and retaining access to such information.
‘‘EFFECTIVE DATE
‘‘SEC. 805. This title shall take effect 180 days after
the date of its enactment.’’.
(b) The table of contents of the National Security Act
of 1947 is amended by adding at the end the following:
‘‘TITLE VIII—ACCESS TO TOP SECRET INFORMATION
‘‘Sec. 801. Eligibility for access to top secret information.
‘‘Sec. 802. Implementing regulations.
‘‘Sec. 803. Waivers for individual cases.
‘‘Sec. 804. Definitions.
‘‘Sec. 805. Effective date.’’.
SEC. 3. PROTECTION OF CRYPTOGRAPHIC INFORMATION.
(a) The National Security Act of 1947 (50 U.S.C.
401 et seq.), as amended by section 2, is further amended
by inserting at the end the following new title:
‘‘TITLE IX—PROTECTION OF CRYPTOGRAPHIC
INFORMATION
‘‘REQUIREMENTS FOR ACCESS TO CRYPTOGRAPHIC
INFORMATION
‘‘SEC. 901. (a)(1) Any employee of a department or
agency within the Executive branch who is granted access
to classified cryptographic information or routine, recur-
ring access to any space in which classified cryptographic
key is produced or processed, or is assigned responsibilities
as a custodian of classified cryptographic key, shall, as a
condition of receiving such access or being assigned such
responsibilities and at a minimum:
‘‘(A) Meet the requirements applicable to per-
sons having access to Top Secret information, as de-
fined in subsection 804(c) of this Act (as added by
section 2 of the Counterintelligence Improvements
Act of 1994).
‘‘(B) be subject to periodic polygraph examina-
tions conducted by appropriate governmental au-
thorities, limited in scope to questions of a counter-
intelligence nature, during the period of access.
‘‘(2) Failure to submit to an examination required
under paragraph (1) shall be grounds for removal from
access to cryptographic information or spaces.
‘‘(3) No person shall be removed from access to cryp-
tographic information or spaces based solely upon the in-
terpretation of the results produced by a polygraph instru-
ment, measuring physiological resources, unless, after fur-
ther investigation, the head of the department or agency
concerned determines the risk to the national security in
permitting such access to be so potentially grave that ac-
cess must nonetheless be denied.
‘‘(b) For purposes of this section—
‘‘(1) the term ‘classified cryptographic informa-
tion’ means any information classified by the United
States Government pursuant to law or Executive
order concerning the details of (A) the nature, prep-
aration, or use of any code, cipher, or cryptographic
system of the United States; or (B) the design, con-
struction, use, maintenance, or repair of any cryp-
tographic equipment, except that such term does not
include information concerning the use of cryp-
tographic systems or equipment required for per-
sonal or office use;
‘‘(2) the phrase ‘custodian of classified cryp-
tographic key’ means positions that require access to
classified cryptographic key beyond that required to
use or operate cryptographic equipment for personal
or office use, future editions of classified cryp-
tographic key, or classified cryptographic key used
for multiple devices;
‘‘(3) the term ‘classified cryptographic key’
means any information (usually a sequence of ran-
dom binary digits), in any form, classified by the
United States Government pursuant to law or Exec-
utive order that is used to set up and periodically
change the operations performed by any cryp-
tographic equipment;
‘‘(4) the term ‘cryptographic equipment’ means
any device, apparatus or appliance used, or pre-
pared, or planned for use by the United States for
the purpose of authenticating communications or
disguising or concealing the contents, significance,
or meanings of communications;
‘‘(5) the term ‘employee’ includes any person
who receives a salary or compensation of any kind
from a department or agency of the Executive
branch, or is a contractor or unpaid consultant of
such department or agency;
‘‘(6) the term ‘head of a department or agency’
refers to the highest official who exercises super-
visory control over the employee concerned, and does
not include any intermediate supervisory officials
who may otherwise qualify as heads of agencies
within departments; and
‘‘(7) the phrase ‘questions of a counterintel-
ligence nature’ means questions specified to the sub-
ject in advance of a polygraph examination solely to
ascertain whether the subject is engaged in, or plan-
ning, espionage against the United States on behalf
of a foreign government or knows persons who are
so engaged.
‘‘IMPLEMENTING REGULATIONS
‘‘SEC. 902. The President shall, within 180 days of
the date of enactment of this title, promulgate regulations
to implement the provisions of this title. The President
shall provide copies of such regulations to the Select Com-
mittee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Rep-
resentatives.’’.
(b) The table of contents of the National Security Act
of 1947 is amended by adding at the end the following:
‘‘TITLE IX—PROTECTION OF CRYPTOGRAPHIC INFORMATION
‘‘Sec. 901. Requirements for access to cryptographic information.
‘‘Sec. 902. Implementing regulations.’’.
SEC. 4. AMENDMENT TO RIGHT TO FINANCIAL PRIVACY
ACT.
Section 1104 of the Right to Financial Privacy Act
of 1978 (12 U.S.C. 3404) is amended by adding at the
end thereof the following new subsection:
‘‘(d)(1) Notwithstanding the provisions of subsection
(a), a customer who is the subject of a personnel security
investigation conducted by an authorized investigative
agency of the United States Government as a condition
of being granted or maintaining access to Top Secret in-
formation, as defined by section 804(c) of the National
Security Act of 1947 (as added by section 2 of the Coun-
terintelligence Improvements Act of 1994), may authorize
nonrevokable disclosure of all financial records maintained
by financial institutions for the period of the customer’s
access to such information and for up to 5 years after
access to such information has been terminated, by the
investigative agency responsible for the conduct of such
investigation, for an authorized security purpose.
‘‘(2) Such authority shall be contained in a signed
and dated statement of the customer which identifies the
financial records which are authorized to be disclosed.
Such statement may also authorize the disclosure of finan-
cial records of accounts opened during the period covered
by the consent agreement which are not identifiable at the
time such consent is provided. A copy of such statement
shall be provided by the investigative agency concerned to
the financial institution from which disclosure is sought,
together with the certification required pursuant to section
1103(b) (12 U.S.C. 3403(b)).
‘‘(3) The rights of the customer established by sub-
section (c), above, shall pertain to any disclosures made
pursuant to this subsection.
‘‘(4) On an annual basis, the office designated by
President pursuant to section 802(4) of the National Se-
curity Act of 1947 (as added by section 2 of the Counter-
intelligence Improvements Act of 1994), shall fully inform
the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on In-
telligence of the Senate concerning the number of requests
for financial records made pursuant to this section.’’.
SEC. 5. NEW CRIMINAL OFFENSE FOR THE POSSESSION OF
ESPIONAGE DEVICES.
(a) IN GENERAL.—Chapter 37 of title 18, United
States Code, is amended by inserting at the end thereof
the following new section:
‘‘POSSESSION OF ESPIONAGE DEVICES
‘‘SEC. 799a. Whoever knowingly maintains possession
of any electronic, mechanical, or other device or equipment
the design and capability of which renders it primarily
useful for the purpose of surreptitiously collecting or com-
municating information, with the intent of utilizing such
device or equipment to undertake actions which would vio-
late section 793, 794, 794a (as added by section 6 of the
Counterintelligence Improvements Act of 1994), or 798 of
this title, or section 783(b) of title 50, United States Code,
shall be fined in accordance with this title or imprisoned
not more than 5 years, or both.’’.
(b) AMENDMENTS TO TABLE OF SECTIONS.—The
table of sections for chapter 37 of title 18, United States
Code, is amended by adding at the end thereof the follow-
ing new item:
‘‘799a. Possession of espionage devices.’’.
SEC. 6. NEW OFFENSE FOR SALE OR TRANSFER TO FOR-
EIGN 
GOVERNMENTS 
DOCUMENTS 
AND
OTHER MATERIALS DESIGNATED AS TOP SE-
CRET.
(a) IN GENERAL.—Chapter 37 of title 18, United
States Code, is amended by inserting after section 794 the
following new section:
‘‘SALE OR TRANSFER OF DOCUMENTS OR MATERIALS
MARKED AS ‘TOP SECRET’
‘‘SEC. 794a. (a)(1) No person shall knowingly sell or
otherwise transfer for any valuable consideration to any
person whom he knows or has reason to believe to be an
agent or representative of a foreign government—
‘‘(A) any document, writing, code book, sketch,
photograph, map, model, instrument, equipment,
electronic storage media, or other material, or por-
tion thereof, knowing that it is marked or otherwise
designated in any manner, pursuant to applicable
law and Executive order, as ‘Top Secret’, or
‘‘(B) any such document, writing, code book,
sketch, photograph, map, model, instrument, equip-
ment, electronic storage media, or other material, or
portion thereof, which has had such marking or des-
ignation removed without authority and the person
making the sale or transfer is aware of such re-
moval.
‘‘(2) Paragraph (1) shall not be deemed to be violated
by a person who makes such transfer pursuant to applica-
ble law or executive branch authority.
‘‘(b) In any prosecution under this section, whether
or not the information or material in question has been
properly marked or designated as ‘TOP SECRET’ pursu-
ant to applicable law or Executive order shall not be an
element of the offense: Provided, however, That it shall
be a defense to any prosecution under this section that
the information or document in question has been offi-
cially released to the public by an authorized representa-
tive of the United States prior to the sale or transfer in
question.
‘‘(c) Violation of this section shall be punishable by
imprisonment for a maximum of 15 years.’’.
(b) AMENDMENTS TO TABLE OF SECTIONS.—The
table of sections for chapter 37 of title 18, United States
Code, is amended by inserting after the item relating to
section 794 the following new item:
‘‘794a. Sale or transfer of documents or materials marked as ‘Top Secret’.’’.
SEC. 7. LESSER CRIMINAL OFFENSE FOR THE REMOVAL OF
TOP SECRET DOCUMENTS BY GOVERNMENT
EMPLOYEES AND CONTRACTORS.
(a) IN GENERAL.—Chapter 93 of title 18, United
States Code, is amended by inserting at the end thereof
the following new section:
‘‘REMOVAL AND RETENTION OF ‘TOP SECRET’
DOCUMENTS OR MATERIAL
‘‘SEC. 1924. Whoever, being an officer, employee,
contractor or consultant, of the United States, and having,
by virtue of his office, employment, position, or contract,
becomes possessed of documents or materials classified at
the level of ‘Top Secret’ pursuant to applicable law or Ex-
ecutive order, knowingly removes such documents or mate-
rials without authority and retains such documents or ma-
terials at an unauthorized location shall be fined not more
than $1,000 (notwithstanding section 3571 of this title),
or imprisoned for not more than one year, or both.’’.
(b) AMENDMENT
TO TABLE
OF SECTIONS.—The
table of sections for chapter 93 of title 18, United States
Code, is amended by adding at the end thereof the follow-
ing new item:
‘‘1924. Removal of ‘Top Secret’ documents or material.’’.
SEC. 8. JURISDICTION OF UNITED STATES COURTS TO TRY
CASES INVOLVING ESPIONAGE OUTSIDE THE
UNITED STATES.
(a) Chapter 211 of title 18 of the United States Code
is amended by adding a new section 3239 as follows:
‘‘§ 3239. Jurisdiction for espionage and related of-
fenses
‘‘The trial for any offense involving a violation of—
‘‘(a) section 793, 794, 794a (as added by sec-
tion 6 of the Counterintelligence Improvements Act
of 1994), 798, 798a (as added by section 5 of the
Counterintelligence Improvements Act of 1994), or
subsection 1030(a)(1) of this title;
‘‘(b) section 601 of the National Security Act of
1947 as added by the Intelligence Identities Protec-
tion Act of 1982 (50 U.S.C. 421); or
‘‘(c) subsections 4(b) or 4(c) of the Subversive
Activities Control Act of 1950 (U.S.C. 783(b) or
783(c));
begun or committed upon the high seas or elsewhere out
of the jurisdiction of any particular state or district, may
be prosecuted in the District of Columbia, or in the East-
ern District of Virginia, or in any other district authorized
by law.’’.
(b) The chapter analysis for chapter 211 of title 18
of the United States Code is amended by striking out
‘‘[3239. Repealed.]’’
and inserting in lieu thereof:
‘‘3239. Jurisdiction for espionage and related offenses.’’.
SEC. 9. EXPANSION OF EXISTING STATUTE REGARDING
FORFEITURE OF COLLATERAL PROFITS OF
CRIME 
TO 
ADDITIONAL 
ESPIONAGE 
OF-
FENSES.
Section 3681 of title 18, United States Code, is
amended—
(1) in subsection (a), by striking out ‘‘section
794 of this title’’ and inserting in lieu thereof ‘‘sec-
tions 793, 794, 794a (as added by section 6 of the
Counterintelligence Improvements Act of 1994),
798, and 799a (as added by section 5 of the Coun-
terintelligence Improvements Act of 1994) of this
title and section 783 of title 50, United States
Code’’; and
(2) by adding at the end thereof the following
new subsection:
‘‘(e) For purposes of this section, convictions pursu-
ant to military courts-martial for offenses comparable to
violations of sections 793, 794, 794a (as added by section
6 of the Counterintelligence Improvements Act of 1994),
798, and 799a (as added by section 5 of the Counterintel-
ligence Improvements Act of 1994) of this title, or a viola-
tion of section 783 of title 50, or convictions by foreign
courts for offenses which, if perpetrated within the United
States, would constitute offenses under sections 793, 794,
794a (as added by section 6 of the Counterintelligence Im-
provements Act of 1994), 798, and 799a (as added by sec-
tion 5 of the Counterintelligence Improvements Act of
1994) of this title, or a violation of section 783 of title
50 shall be considered as convictions for which actions
may be ordered pursuant to this section.’’.
SEC. 10. DENIAL OF ANNUITIES OR RETIRED PAY TO PER-
SONS CONVICTED OF ESPIONAGE IN FOR-
EIGN COURTS INVOLVING UNITED STATES IN-
FORMATION.
Section 8312 of title 5, United States Code, is
amended by adding at the end thereof the following new
subsection:
‘‘(d) For purposes of subsections (b)(1) and (c)(1),
an offense within the meaning of such subsections is es-
tablished if the Attorney General certifies to the agency
employing or formerly employing the person concerned—
‘‘(2) that an individual subject to this chapter
has been convicted by an impartial court of appro-
priate jurisdiction within a foreign country in cir-
cumstances in which the conduct violates the provi-
sions 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;
‘‘(3) that such conviction was obtained in ac-
cordance with procedures that provided the defend-
ant due process rights comparable to such rights
provided by the United States Constitution, and
such conviction was based upon evidence which
would have been admissible in the courts of the
United States; and
‘‘(4) that such conviction occurred after the
date of enactment of this subsection.
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 paragraphs (1), (2), (3), herein, as certified by
the Attorney General, have not been satisfied in his or
her particular circumstances. Should the court determine
that any of these conditions has not been satisfied in such
case, the court shall order any annuity or retirement bene-
fit 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. 11. AUTHORIZING THE FBI TO OBTAIN CONSUMER RE-
PORTS 
ON 
PERSONS 
BELIEVED 
TO 
BE
AGENTS OF FOREIGN POWERS.
Section 608 of the Consumer Credit Protection Act
(15 U.S.C. 1681f) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘Notwithstand-
ing’’; and
(2) by inserting at the end thereof the following
new subsections:
‘‘(b) Notwithstanding the provisions of section 604,
a consumer reporting agency shall, upon request, furnish
a consumer report to the Federal Bureau of Investigation,
if the Director of the Federal Bureau of Investigation, or
the Director’s designee, certifies in writing to the
consumer reporting agency that such records are sought
in connection with an authorized foreign counterintel-
ligence investigation and that there are specific and
articulable facts giving reason to believe that the person
to whom the requested consumer report relates is an agent
of a foreign power, as defined in section 101 of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
‘‘(c) Notwithstanding the provisions of section 604,
a consumer reporting agency shall furnish identifying in-
formation respecting any consumer, limited to name, ad-
dress, former addresses, places of employment, or former
places of employment, to a representative of the Federal
Bureau of Investigation when presented with a written re-
quest signed by the Director of the Federal Bureau of In-
vestigation, or the Director’s designee, stating that the in-
formation is necessary to the conduct of an authorized for-
eign counterintelligence investigation.
‘‘(d) No consumer reporting agency, or officer, em-
ployee, or agent of such institution shall disclose to any
person that the Federal Bureau of Investigation has
sought or obtained a consumer report or identifying infor-
mation respecting any consumer under this section.
‘‘(e) On an annual basis the Director of the Federal
Bureau of Investigation shall fully inform the Permanent
Select Committee on Intelligence of the House of Rep-
resentatives and the Select Committee on Intelligence of
the Senate concerning all requests made under subsections
(b) and (c).’’.
SEC. 12. TO PROVIDE FOR REWARDS FOR INFORMATION
CONCERNING ESPIONAGE.
(a) IN GENERAL.—Chapter 204 of title 18, United
States Code, is amended—
(1) by inserting at the end of the chapter head-
ing ‘‘AND ESPIONAGE’’;
(2) in section 3071, by inserting ‘‘(a)’’ imme-
diately before ‘‘With respect to’’;
(3) in section 3071, adding at the end thereof
the following new subsection:
‘‘(b) With respect to acts of espionage involving or
directed at United States information classified in the in-
terest of national security, the Attorney General may re-
ward any individual who furnishes information—
‘‘(1) leading to the arrest or conviction, in any
country, of any individual or individuals for commis-
sion 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 conspir-
ing 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) AMOUNT OF REWARDS.—Section 3072 of title 18,
United States Code, is amended by striking out
‘‘$500,000’’ and inserting in lieu thereof ‘‘$1,000,000’’.
(c) DEFINITIONS.—Section 3077 of title 18, United
States Code, is amended by inserting at the end thereof
the following new paragraphs:
‘‘(8) ‘act of espionage’ means an activity that is
a violation of sections 794, 794a (as added by sec-
tion 6 of the Counterintelligence Improvements Act
of 1994), 798, or 799a (as added by section 5 of the
Counterintelligence Improvements Act of 1994) of
this title or section 783 of title 50, United States
Code.
‘‘(9) ‘United States information classified in the
interests of national security’ means information
originated, owned, or possessed by the United States
Government concerning the national defense and for-
eign relations of the United States that has been de-
termined pursuant to law or Executive order to re-
quire protection against unauthorized disclosure and
that has been so designated.’’.
SEC. 13. TO PROVIDE A COURT ORDER PROCESS FOR PHYS-
ICAL SEARCHES UNDERTAKEN FOR FOREIGN
INTELLIGENCE PURPOSES.
(a) The Foreign Intelligence Surveillance Act of 1978
is amended by inserting at the end thereof the following
new title:
‘‘TITLE IV—PHYSICAL SEARCHES WITHIN THE
UNITED STATES FOR FOREIGN INTEL-
LIGENCE PURPOSES
‘‘AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN
INTELLIGENCE PURPOSES
‘‘SEC. 401. (a) Applications for a court order under
this title are authorized if the President has, in writing,
empowered the Attorney General to approve applications
to the Foreign Intelligence Surveillance Court, and a judge
of that court to whom application is made may, notwith-
standing any other law, grant an order, in conformity with
section 403, approving a physical search in the United
States, for the purpose of collecting foreign intelligence in-
formation of—
‘‘(1) the property, information or material of a
foreign power as defined in section 101(a)(1), (2),
and (3) of this Act, or
‘‘(2) the premises, property, information or ma-
terial of an agent of a foreign power or a foreign
power as defined in section 101(a)(4), (5), and (6)
of this Act.
‘‘(b) The Foreign Intelligence Surveillance Court
shall have jurisdiction to hear applications for and grant
orders approving a physical search for the purpose of ob-
taining foreign intelligence information anywhere within
the United States under the procedures set forth in this
title, except that no judge shall hear the same application
which has been denied previously by another judge. If any
judge denies an application for an order authorizing a
physical search under this title, such judge shall provide
immediately for the record a written statement of each
reason for his decision and, on motion of the United
States, the record shall be transmitted, under seal, to the
Court of Review.
‘‘(c) The Court of Review shall have jurisdiction to
review the denial of any application made under this title.
If such court determines that the application was properly
denied, the Court shall immediately provide for the record
a written statement of each reason for its decision and,
on petition of the United States for a writ of certiorari,
the record shall be transmitted under seal to the Supreme
Court, which shall have jurisdiction to review such deci-
sion.
‘‘(d) Judicial proceedings under this title shall be con-
cluded as expeditiously as possible. The record of proceed-
ings under this title, including applications made and or-
ders granted, shall be maintained under security measures
established by the Chief Justice of the United States in
consultation with the Attorney General and the Director
of Central Intelligence.
‘‘APPLICATION FOR AN ORDER
‘‘SEC. 402. (a) Each application for an order approv-
ing 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 Attor-
ney General based upon the Attorney General’s finding
that it satisfied the criteria and requirements for such ap-
plication as set forth in this title. It shall include—
‘‘(1) the identity, if known, or a description of
the target of the search;
‘‘(2) the authority conferred on the Attorney
General by the President of the United States and
the approval of the Attorney General to make the
application;
‘‘(3) the identity of the Federal officer making
the application and a detailed description of the
premises or property to be searched and of the infor-
United States person only in accordance with the mini-
mization procedures required by this title. No information
acquired from a physical search pursuant to this title may
be used or disclosed by Federal officers or employees ex-
cept for lawful purposes.
‘‘(b) No information acquired pursuant to this title
shall be disclosed for law enforcement purposes unless
such disclosure is accompanied by a statement that such
information, or any information derived therefrom, may
only be used in a criminal proceeding with the advance
authorization of the Attorney General.
‘‘(c) 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 informa-
tion obtained or derived from a physical search of the
premises or property of that aggrieved person pursuant
to the authority of this title, the United States shall, prior
to the trial, hearing, or the other proceeding or at a rea-
sonable time prior to an effort to so disclose or so use
that information or submit it in evidence, notify the ag-
grieved 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.
‘‘(d) Whenever any State or political subdivision
thereof intends to enter into evidence or otherwise use of
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 subdivi-
sion thereof against an aggrieved person any information
obtained or derived from a physical search of the premises
or property of that aggrieved person pursuant to the au-
thority of this title, the State or political subdivision there-
of shall notify the aggrieved person, the court or other
authority in which the information is to be disclosed or
used, and the Attorney General that the State or political
subdivision thereof intends to so disclose or so use such
information.
‘‘(e) 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, regu-
latory body, or other authority of the United States, a
State, or a political subdivision thereof, may move to sup-
press the evidence obtained or derived from such search
on the grounds that—
‘‘(1) the information was unlawfully acquired;
or