Intelligence Authorization Act for Fiscal Year 1995
PL 103-359 (H.R.4299), enacted 10/14/1994

PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3423 
Public Law 103-359 
103d Congress 
An Act 
To authorize appropriations for fiscal year 1995 for intelligence and intelligence-
related activities of the United States Government, the Community Management 
Oct. 14, 1994 
Account, and the Central Intelligence Agency Retirement and Disability System, 
[H.R. 4299] 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Intelligence 
Authorization 
Act for Fiscal 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
Year 1995. 
(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. Repealof 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 iiyury 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-OONSTRUCTION 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. 
108 STAT. 3424 
PUBLIC LAW 103-359—OCT. 14, 1994 
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 espionajge laws. 
Sec. 805. Denial of annuities or retired pay to persons convicted of espionage in for-
eign courts involving United States information. 
Sec. 806. Postemplojmient 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. Countemarcotics targets fiinding. 
Sec. 811. Coordination of counterintelligence activities. 
TITLE K—COMMISSION ON THE ROLES AND CAPABILITIES OF THE 
UNITED STATES INTELLIGENCE COMMUNITY 
Sec. 901. Esteblishment. 
Sec. 902. Composition and qualifications. 
Sec. 903. Duties of the Commission. 
Sec. 904. Reports. 
Sec. 905. Powers. 
Sec. 906. Personnel matters. 
Sec. 907. Pa3rment 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 inteUigence and inteUigence-related 
activities of the following elements of the United States Grovern-
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 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3425 
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 
108 STAT. 3426 
PUBLIC LAW 103-359—OCT. 14, 1994 
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 Fiscsd 
22 use 5072a. 
Year 1987 (PubUc 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. 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3427 
TITLE IV—CENTRAL INTELLIGENCE 
AGENCY 
SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITAUZATION. 
Section 4(a)(5) of the Central Intelligence Agency Act of 1949 
(50 U.S.C. 403(e)(a)) is amended— 
50 USC 403e. 
(1) in subparagraph (A)— 
(A) by striking ", not the result of vicious habits, intem-
perEince, 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 
108 STAT. 3428 
PUBLIC LAW 103-359—OCT. 14, 1994 
unclassified Grovemment 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" sifter 
"Defense Intelhgence 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 Centrsd 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); 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3429 
(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(l)(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); 
108 STAT. 3430 
PUBLIC LAW 103-359—OCT. 14, 1994 
(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". 
(1) 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 Grovemment 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. 602. 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,". 
10 use 424 note. 
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 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3431 
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. 604. EXCEPTION FROM AUTHORITY FOR OBUGATION 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 D O D 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 (IXB) 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 (aXlXBXii), the President shall 
report in writing the determination to the intelligence committees. 
President. 
Reports. 
II 
108 STAT. 3432 
PUBLIC LAW 103-359—OCT. 14, 1994 
(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 totsd 
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. 
50 u s e 403-2b. 
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 
)roject for the construction of any facility to be used primarily 
)y 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 
PUBLIC LAW 103-359—(Xrr. 14, 1994 
108 STAT. 3433 
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, 2ind (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 
(l)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. roENTIFICATION OF CONSTITUENT COMPONENTS OF BASE 
50 USC 403-3 
INTELLIGENCE BUDGET. 
note. 
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. 
50 USC 403-2b 
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 President, 
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 
Grovemment's interest in continuing to protect such information 
108 STAT. 3434 
PUBLIC LAW 103-359—OCT. 14, 1994 
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 Grovemment Operations of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on Grovemmental 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 
Counter-
intell^ence and 
Security 
Enhancements 
Act of 1994. 
50 u s e 401 note. 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Counterintelligence and Security 
Enhancements Act of 1994". 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3435 
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- 
President, 
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 
79-194 O—95-26 : QL 3 Part 4 
108 STAT. 3436 
PUBLIC LAW 103-359—OCT. 14, 1994 
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. 
Reports. 
"(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 
50 use 436. 
"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 Grovernment 
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 
PUBLIC LAW 103-359—OCT. 14,1994 
108 STAT. 3437 
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 
.... A•^^^-..r ..,;;. 
"SEC. 803. Except as otherwise specifically provided, the provi- 50 USC 437. 
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. 
108 STAT. 3438 
PUBLIC LAW 103-359—OCT. 14, 1994 
"DEFINITIONS 
50 use 438. 
"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 
Grovernment, is a contractor of the United States Government 
or an employee thereof, is an unpaid consultant of the United 
States Grovemment, 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.". 
50 use 435 note. 
(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: 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3439 
"(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— 
18 use 3077. 
(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: 
'^04. 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 Courts, 
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 
108 STAT. 3440 
PUBLIC LAW 103-359—OCT. 14, 1994 
"(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. 
Courts. 
"(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.". 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3441 
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 
108 STAT. 3442 
PUBLIC LAW 103-359—OCT. 14, 1994 
"(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 emplojnnent 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) 
£in 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. 
^sj^W»-
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3443 
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 50USC1801 
as section 401, respectively; 
"°**' 
(2) in section 401 (as so redesignated) by inserting "(other 
than title III)" sifter "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: 
50 USC 1821. 
"(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 
108 STAT. 3444 
PUBLIC LAW 103-359—OCT. 14, 1994 
"(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 or 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 Grovemment 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 
50 use 1822. 
"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 
t h a t -
'll) 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 proceaures under paragraphs (1) through (4) of 
section 301(4); and 
Reports. 
"(B) the Attorney CJeneral 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-
Reports. 
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 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3445 
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 Courts, 
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 
108 STAT. 3446 
PUBLIC LAW 103-359—OCT. 14, 1994 
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 
50 use 1823. 
"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 (Jeneral 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); 
PUBLIC LAW 103-359—(3CT. 14,1994 
108 STAT. 3447 
"(8) where the physical search involves a search of the 
residence of a United States person, the Attorney GrenergJ 
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 
50 USC 1824. 
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 Greneral 
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 w v 
search is to be conducted and, whenever more than one 
. 
r / 
physical search is authorized under the order, the author-
108 STAT. 3448 
PUBLIC LAW 103-359-OCT. 14, 1994 
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 tEwgeted 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 msLkes the determina-
tion specified in subparagraph (B), the Attorney Greneral may 
authorize the execution of an emergency physicsd search if— 
"(i) a judge having jurisdiction under section 103 is 
informed by the Attorney General or the Attorney Greneral's 
PUBLIC LAW 103-359—OCT. 14,1994 
108 STAT. 3449 
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 bat 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 50 USC1825. 
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- Notification, 
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 
108 STAT. 3450 
PUBLIC LAW 103-359—OCT. 14, 1994 
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 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3451 
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 Greneral to provide to the aggrieved person a summary of 
such materials, only where such disclosure is necessary to msike 
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)(l) 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 
50 USC 1826. 
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 
Reports, 
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— 
108 STAT. 3452 
PUBLIC LAW 103-359—OCT. 14, 1994 
"(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 
50 use 1827. 
"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 
50 use 1828. 
"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 
50 use 1829. 
"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.". 
PUBLIC LAW 103-359—OCT. 14,1994 
108 STAT. 3453 
(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 Uability. 
"Sec. 309. Authorization during time of war. 
"TITLE IV—EFFECTIVE DATE 
"Sec. 401. Effective date.". 
(c) EFFECTIVE DATE.—^The amendments made by subsections 
50 USC 1821 
(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 
2ind the Permanent Select Committee on Intelligence of the House 
of Representatives before the date of enactment of this Act. 
SEC. 808. LESSER CRBVUNAL 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 classiHed 
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 materisils 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 Grovemment 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.". 
108 STAT. 3454 
PUBLIC LAW 103-359—OCT. 14, 1994 
50 u s e app. 
2170b. 
President. 
President. 
(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) AtwUAL 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)(l)(B) of the Defense Production Act of 1950 (50 U.S.C. App. 
2170(k)(l)(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 compsiny 
and aimed at obtaining commercial secrets. 
PUBLIC LAW 103-359—OCT. 14,1994 
108 STAT. 3455 
SEC. 810. COUNTERNARCOTICS TARGETS FUNDING. 
Not less than $5,000,000 from the base budget for the National 
Security Agency shall be transferred to Unifed 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 tj^e of intelligence collection, dissemination, analysis and 
tasking that will be included in these operations. 
SEC. 811. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES. 
50 USC 402a. 
(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 
108 STAT. 3456 
PUBLIC LAW 103-359—OCT. 14, 1994 
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 
President. 
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). 
5
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t
e TITLE IX—COMMISSION ON THE ROLES 
AND CAPABILITIES OF THE UNITED 
STATES INTELLIGENCE COMMUNITY 
SEC. 901. ESTABUSHMENT. 
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 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3457 
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 
i 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- President, 
ignate two of the members appointed from private life to serve 
as Chairman and Vice Chairman, respectively, of the Commission. 
(c) PERIOD OF Appoii'n'MENT; 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 CLEAIL^NCES.—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— 
108 STAT. 3458 
PUBLIC LAW 103-359—OCT. 14, 1994 
(1) to review the efficacy and appropriateness of the activi-
ties of the United States intelligence cbmmunity 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. 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3459 
(13) Whether there are areas of redundant or overlapping 
activity or areas where there is evidence of serious waste, 
dupHcation, 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 sifter 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 
108 STAT. 3460 
PUBLIC LAW 103-359—OCT. 14, 1994 
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 
PUBLIC LAW 103-359—OCT. 14, 1994 
108 STAT. 3461 
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. T E R M I N A T I O N 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. 
Approved October 14,1994. 
L E G I S L A T I V E H I S T O R Y — H . R . 4299 (S. 2056) (S. 2082): 
HOUSE REPORTS: No. 103-541, Pt. 1 (Permanent Select Comm. on Intelligence) and 
103-753 (Comm. of Conference). 
S E N A T E REPORTS: No. 103-256 (Select Comm. on Intelligence) and 103-295 
(Comm. on Armed Services), both accompanying S. 2082, and 
103-296 accompanying S. 2056 (Select Comm. on Intelligence). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
July 19, 20, considered and passed House. 
Aug. 12, considered and passed Senate, amended, in lieu of S. 2082. 
Sept. 30, House and Senate agreed to conference report.