[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 4299 Enrolled Bill (ENR)]
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To authorize appropriations for fiscal year 1995 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 1995''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Community management account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Intelligence community contracting.
Sec. 304. Repeal of restriction on intelligence cooperation with South
Africa.
Sec. 305. Report regarding mandatory retirement for expiration of time
in class.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Illness or injury requiring hospitalization.
Sec. 402. Inspector General of the Central Intelligence Agency.
Sec. 403. Advanced information presentation project.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Central Imagery Office.
Sec. 502. Exception to public availability of certain Department of
Defense maps, charts, and geodetic data.
Sec. 503. Disclosure of governmental affiliation by Department of
Defense intelligence personnel outside of the United States.
Sec. 504. Exception from authority for obligation of certain
unauthorized fiscal year 1994 Defense appropriations.
TITLE VI--CONSTRUCTION OF FACILITIES FOR THE INTELLIGENCE COMMUNITY
Sec. 601. Limitations on funding of the National Reconnaissance Office.
Sec. 602. Limitation on construction of facilities to be used primarily
by the intelligence community.
Sec. 603. Identification of constituent components of base intelligence
budget.
Sec. 604. Definitions.
TITLE VII--CLASSIFICATION MANAGEMENT
Sec. 701. Classification and declassification of information.
Sec. 702. Declassification plan.
TITLE VIII--COUNTERINTELLIGENCE AND SECURITY
Sec. 801. Short title.
Sec. 802. Access to classified information.
Sec. 803. Rewards for information concerning espionage.
Sec. 804. Criminal forfeiture for violation of certain espionage laws.
Sec. 805. Denial of annuities or retired pay to persons convicted of
espionage in foreign courts involving United States
information.
Sec. 806. Postemployment assistance for certain terminated intelligence
employees of the Department of Defense.
Sec. 807. Providing a court order process for physical searches
undertaken for foreign intelligence purposes.
Sec. 808. Lesser criminal offense for unauthorized removal of classified
documents.
Sec. 809. Reports on foreign industrial espionage.
Sec. 810. Counternarcotics targets funding.
Sec. 811. Coordination of counterintelligence activities.
TITLE IX--COMMISSION ON THE ROLES AND CAPABILITIES OF THE UNITED STATES
INTELLIGENCE COMMUNITY
Sec. 901. Establishment.
Sec. 902. Composition and qualifications.
Sec. 903. Duties of the Commission.
Sec. 904. Reports.
Sec. 905. Powers.
Sec. 906. Personnel matters.
Sec. 907. Payment of Commission expenses.
Sec. 908. Termination of the Commission.
Sec. 909. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1995
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(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 conference report on the bill
H.R. 4299 of the One Hundred Third Congress.
(b) Availability of Classified Schedule of Authorizations.--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 Management 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 employees 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 DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
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, retirement,
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 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
Intelligence 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 activities,
and where fiscally sound, should award contracts in a manner that would
maximize the procurement of products properly designated as having been
made in the United States.
SEC. 304. REPEAL OF RESTRICTION ON INTELLIGENCE COOPERATION WITH
SOUTH AFRICA.
Section 107 of the Intelligence Authorization Act for Fiscal Year
1987 (Public Law 99-569) is repealed.
SEC. 305. REPORT REGARDING MANDATORY RETIREMENT FOR EXPIRATION OF
TIME IN CLASS.
(a) Report Required.--Not later than December 1, 1994, the Director
of Central Intelligence shall submit a report to the committees 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 Subcommittees 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.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. ILLNESS OR INJURY REQUIRING HOSPITALIZATION.
Section 4(a)(5) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403(e)(a)) is amended--
(1) in subparagraph (A)--
(A) by striking ``, not the result of vicious habits,
intemperance, 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
recovery 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 inserting
``, or auditing.'';
(2) in subsection (c)(1), by striking ``to conduct'' and
Pinserting ``to plan, conduct'';
(3) in subsection (d)(1)--
(A) by striking ``June 30 and December 31'' and inserting
``January 31 and July 31'';
(B) by striking ``period.'' at the end of the first
sentence and inserting ``periods ending December 31 (of the
preceding 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
recommendations'' 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 multimedia and
graphical data interface techniques on topics of general interest to
policy makers and the public. The products shall utilize unclassified
Government information, augmented if appropriate by commercially
available information, and the project shall be limited to the
development of not more than six products. In carrying out this
section, the Director may acquire commercially available technology.
Not later than August 1, 1995, the Director shall submit the products
developed under this section to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. CENTRAL IMAGERY OFFICE.
(a) Amendments of the National Security Act of 1947.--(1) Section
3(4)(E) of the National Security Act of 1947 (50 U.S.C. 401a(4)(E)) is
amended by striking out ``the central imagery authority 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 inserting
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
Intelligence Agency'' in subsection (d); and
(iii) by inserting ``and the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (e).
(C) In section 1602, by inserting ``and Central Imagery
Office'' after ``Defense Intelligence Agency''.
(D) In section 1604--
(i) by inserting ``and the Central Imagery Office,'' after
``Defense Intelligence Agency'' in subsection (a)(1);
(ii) by inserting ``or the Central Imagery Office'' after
``Defense Intelligence Agency'' in both places it occurs in the
second sentence of subsection (b);
(iii) by inserting ``or the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (c);
(iv) by inserting ``and the Central Imagery Office'' after
``Defense Intelligence Agency'' in subsection (d);
(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 follows:
``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 Personnel...............................................1601''.
(c) Chapter 23 of Title 5.--Section 2302(a)(2)(C)(ii) of title 5,
United States Code, is amended by inserting ``the Central Imagery
Office,'' after ``Defense Intelligence Agency,''.
(d) Chapter 31 of Title 5.--Section 3132(a)(1)(B) of title 5,
United States Code, is amended by inserting ``the Central Imagery
Office,'' after ``Defense Intelligence Agency,''.
(e) Chapter 43 of Title 5.--Section 4301(1)(B)(ii) of title 5,
United States Code, is amended by inserting ``the Central Imagery
Office,'' after ``Defense Intelligence Agency,''.
(f) Chapter 47 of Title 5.--Section 4701(a)(1)(B) of title 5,
United States Code, is amended by inserting ``the Central Imagery
Office,'' after ``Defense Intelligence Agency,''.
(g) Chapter 51 of Title 5.--Section 5102(a)(1) of title 5, United
States Code, is amended--
(1) by striking ``or'' at the end of clause (ix);
(2) by striking the period at the end of clause (x) and
inserting ``; or''; and
(3) by adding at the end the following:
``(xi) the Central Imagery Office, Department of
Defense.''.
(h) Chapter 51 of Title 5.--Section 5342(a)(1) of title 5, United
States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (J);
(2) by inserting ``or'' after the semicolon at the end of
subparagraph (K); and
(3) by adding at the end the following:
``(L) the Central Imagery Office, Department of Defense;''.
(i) Additional Leave Transfer Programs.--(1) Section 6339(a)(1) of
title 5, United States Code, is amended--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F); and
(C) by inserting after subparagraph (D) the following new
subparagraph (E):
``(E) the Central Imagery Office; and''.
(2) Section 6339(a)(2) of such title is amended--
(A) by striking ``and'' at the end of subparagraph (D);
(B) by redesignating subparagraph (E) as subparagraph (F);
(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 inserting
``paragraph (1)(F)'' both places it appears.
(j) Chapter 71 of Title 5.--Section 7103(a)(3) of title 5, United
States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (F);
(2) by inserting ``or'' at the end of subparagraph (G); and
(3) by adding at the end the following:
``(H) the Central Imagery Office;''.
(k) Chapter 73 of Title 5.--Section 7323(b)(2)(B)(i) of title 5,
United States Code, is amended--
(1) by striking ``or'' at the end of subclause (XI); and
(2) by adding at the end the following:
``(XIII) the Central Imagery Office; or''.
(l) Chapter 75 of Title 5.--Section 7511(b)(8) of title 5, United
States Code, is amended by inserting ``the Central Imagery Office,''
after ``Defense Intelligence Agency,''.
(m) Ethics in Government Act of 1978.--Section 105(a)(1) of the
Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by
inserting ``the Central Imagery Office,'' after ``Defense Intelligence
Agency,''.
(n) Employee Polygraph Protection Act of 1988.--Section
7(b)(2)(A)(i) of the Employee Polygraph Protection Act of 1988 (29
U.S.C. 2006(b)(2)(A)(i)) is amended by inserting ``the Central Imagery
Office,'' after ``Defense Intelligence Agency,''.
SEC. 502. EXCEPTION TO PUBLIC AVAILABILITY OF CERTAIN DEPARTMENT 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
intelligence operations or'' in subparagraph (C) after ``disclosed,''.
SEC. 503. DISCLOSURE OF GOVERNMENTAL AFFILIATION BY DEPARTMENT 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 maintained
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 Islands, and
any territory or possession of the United States; and
(2) the term ``United States person'' means any citizen,
national, or permanent resident alien of the United States.
SEC. 504. EXCEPTION FROM AUTHORITY FOR OBLIGATION OF CERTAIN
UNAUTHORIZED FISCAL YEAR 1994 DEFENSE APPROPRIATIONS.
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 FACILITIES FOR THE INTELLIGENCE COMMUNITY
SEC. 601. LIMITATIONS ON FUNDING OF THE NATIONAL RECONNAISSANCE
OFFICE.
(a) Review of Project; Compliance With DOD Procurement and
Contracting Procedures.--
(1) In general.--Of the funds authorized to be made available
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 buildings 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 determination in
accordance with subsection (b).
(2) Application of provisions.--Paragraph (1)(B) shall not
apply to contracts made or entered into for the purchase of real
property, or for construction or acquisition, before the date of
enactment of this Act.
(b) Waiver Procedures.--Not later than 30 days after making a
determination under subsection (a)(1)(B)(ii), the President shall
report in writing the determination to the intelligence committees.
(c) Specific Authorization and Appropriations Required.--Except to
the extent and in the amounts specifically provided in an Act
authorizing appropriations, in an appropriation Act, or in accordance
with established reprogramming procedures, no funds made available
under any provision of law may be obligated or expended for the
construction of the National Reconnaissance Office Headquarters
Building project if such funds would cause the total amount obligated
or expended for such project to exceed $310,000,000.
(d) Definition.--As used in this section, the term ``National
Reconnaissance Office Headquarters Building project'' means the project
for the headquarters buildings of the National Reconnaissance Office,
situated at the so-called Westfields site, and includes all
construction and improvement of facilities (including ``fit up'') and
all actions related to the acquisition of land, communications,
computers, furniture and other building furnishings, and vehicle
parking facilities.
SEC. 602. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED
PRIMARILY BY THE INTELLIGENCE COMMUNITY.
(a) In General.--
(1) In general.--Except as provided in subsection (b), no
project for the construction of any facility to be used primarily
by personnel of any component of the intelligence community which
has an estimated Federal cost in excess of $750,000 may be
undertaken in any fiscal year unless such project is specifically
identified as a separate item in the President's annual fiscal year
budget request and is specifically authorized by the Congress.
(2) Notification.--In the case of a project for the
construction of any facility to be used primarily by personnel of
any component of the intelligence community which has an estimated
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 Director of Central Intelligence
shall submit a notification to the intelligence committees
specifically identifying such project.
(b) Exception.--
(1) In general.--Notwithstanding subsection (a) but subject 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 Secretary 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 protection 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
Congress on that decision. Each such report shall include (A) the
justification for the project and the current estimate of the cost
of the project, (B) the justification for carrying out the project
under this subsection, and (C) a statement of the source of the
funds to be used to carry out the project. The project may then be
carried out only after the end of the 21-day period beginning on
the date the notification is received by such committees.
(3) Projects primarily for cia.--If a project referred to in
paragraph (1) is primarily for the Central Intelligence Agency, the
Director of Central Intelligence shall make the determination and
submit the report required by paragraphs (1) and (2).
(4) Limitation.--A project carried out under this subsection
shall be carried out within the total amount of funds appropriated
for intelligence and intelligence-related activities that have not
been obligated.
(c) Application.--This section shall not apply to any project which
is subject to subsection (a)(1)(A) or (c) of section 601.
SEC. 603. IDENTIFICATION OF CONSTITUENT COMPONENTS OF BASE
INTELLIGENCE BUDGET.
The Director of Central Intelligence shall include the same level
of budgetary detail for the Base Budget that is provided for Ongoing
Initiatives and New Initiatives to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate in the congressional justification
materials for the annual submission of the National Foreign
Intelligence Program of each fiscal year.
SEC. 604. DEFINITIONS.
As used in this title:
(1) Intelligence committees.--The term ``intelligence
committees'' means the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) Intelligence community.--The term ``intelligence
community'' has the same meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
TITLE VII--CLASSIFICATION MANAGEMENT
SEC. 701. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the President shall, by Executive order, provide for the
classification and declassification of information. It is the sense of
Congress that the Executive order should provide for the following:
(1) The qualification of information for classification only
when its public disclosure would cause identifiable damage to the
national security.
(2) The declassification of information if the appropriate
authority within the Executive branch determines that the
Government's interest in continuing to protect such information 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 disclosure to
unauthorized persons would clearly damage the national security.
(b) Submission to Congress; Effective Date.--The Executive order
referred to in subsection (a) may not take effect until after 30 days
after the date on which such proposed Executive order is submitted to
the Permanent Select Committee on Intelligence and the Committee on
Government Operations of the House of Representatives and the Select
Committee on Intelligence and the Committee on Governmental Affairs of
the Senate.
SEC. 702. DECLASSIFICATION PLAN.
Each agency of the National Foreign Intelligence Program to which
is appropriated more than $1,000,000 in the security, countermeasures,
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 declassification
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 declassification 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 maintained
by each agency.
(3) Submission of a report to the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate within 90 days after the
end of fiscal year 1995 on the progress made in carrying out
paragraph (2), with reference to the plan required by paragraph
(1).
TITLE VIII--COUNTERINTELLIGENCE AND SECURITY
SEC. 801. SHORT TITLE.
This title may be cited as the ``Counterintelligence and Security
Enhancements Act of 1994''.
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 enactment
of this title, the President shall, by Executive order or regulation,
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
President, 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 accordance with section 802 of
this title, during the period of access to classified information
and for a period of three years thereafter;
``(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 concerning 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 department 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 information
if the national security so requires. Such responsibility and power may
be exercised only when the agency head determines that the procedures
prescribed by subsection (a) cannot be invoked in a manner that is
consistent with the national security.
``(2) Upon the exercise of such responsibility, the agency head
shall submit a report to the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on
Intelligence of the Senate.
``requests by authorized investigative agencies
``Sec. 802. (a)(1) Any authorized investigative agency may request
from any financial agency, financial institution, or holding company,
or from any consumer reporting agency, such financial records, other
financial information, and consumer reports as may be necessary in
order to conduct any authorized law enforcement investigation,
counterintelligence inquiry, or security determination. Any authorized
investigative agency may also request records maintained by any
commercial entity within the United States pertaining to travel by an
employee in the executive branch of Government outside the United
States.
``(2) Requests may be made under this section where--
``(A) the records sought pertain to a person who is or was an
employee in the executive branch of Government required by the
President in an Executive order or regulation, as a condition of
access to classified information, to provide consent, during a
background investigation and for such time as access to the
information is maintained, and for a period of not more than three
years thereafter, permitting access to financial records, other
financial information, consumer reports, and travel records; and
``(B)(i) there are reasonable grounds to believe, based on
credible information, that the person is, or may be, disclosing
classified information in an unauthorized manner to a foreign power
or agent of a foreign power;
``(ii) information the employing agency deems credible
indicates the person has incurred excessive indebtedness or has
acquired a level of affluence which cannot be explained by other
information known to the agency; or
``(iii) circumstances indicate the person had the capability
and opportunity to disclose classified information which is known
to have been lost or compromised to a foreign power or an agent of
a foreign power.
``(3) Each such request--
``(A) shall be accompanied by a written certification signed by
the department or agency head or deputy department or agency head
concerned, or by a senior official designated for this purpose by
the department or agency head concerned (whose rank shall be no
lower than Assistant Secretary or Assistant Director), and shall
certify that--
``(i) the person concerned is or was an employee within the
meaning of paragraph (2)(A);
``(ii) the request is being made pursuant to an authorized
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 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
prohibition described in subsection (b).
``(b) Notwithstanding any other provision of law, no governmental
or private entity, or officer, employee, or agent of such entity, may
disclose to any person, other than those officers, employees, or agents
of such entity necessary to satisfy a request made under this section,
that such entity has received or satisfied a request made by an
authorized investigative agency under this section.
``(c)(1) Notwithstanding any other provision of law (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 requesting such records or information.
``(2) Any entity (including any officer, employee, or agent
thereof) that discloses records or information for inspection or
copying pursuant to this section in good faith reliance upon the
certifications made by an agency pursuant to this section shall not be
liable for any such disclosure to any person under this title, the
constitution of any State, or any law or regulation of any State or any
political subdivision of any State.
``(d) Any agency requesting records or information under this
section may, subject to the availability of appropriations, reimburse a
private entity for any cost reasonably incurred by such entity in
responding to such request, including the cost of identifying,
reproducing, or transporting records or other data.
``(e) An agency receiving records or information pursuant to a
request under this section may disseminate the records or information
obtained pursuant to such request outside the agency only--
``(1) to the agency employing the employee who is the subject
of the records or information;
``(2) to the Department of Justice for law enforcement or
counterintelligence purposes; or
``(3) with respect to dissemination to an agency of the United
States, if such information is clearly relevant to the authorized
responsibilities of such agency.
``(f) Nothing in this section may be construed to affect the
authority of an investigative agency to obtain information pursuant to
the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.).
``exceptions
``Sec. 803. Except as otherwise specifically provided, the
provisions 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.
``definitions
``Sec. 804. For purposes of this title--
``(1) the term `authorized investigative agency' means an
agency authorized by law or regulation to conduct a
counterintelligence 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 Protection
Act (15 U.S.C. 1681a);
``(4) the term `employee' includes any person who receives a
salary or compensation of any kind from the United States
Government, is a contractor of the United States Government or an
employee thereof, is an unpaid consultant of the United States
Government, or otherwise acts for or on behalf of the United States
Government, except as otherwise determined by the President;
``(5) the terms `financial agency' and `financial institution'
have the meanings given to such terms in section 5312(a) of title
31, United States Code, and the term `holding company' has the
meaning given to such term in section 1101(6) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401);
``(6) the terms `foreign power' and `agent of a foreign power'
have the same meanings as set forth in sections 101 (a) and (b),
respectively, of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801); and
``(7) the term `State' means each of the several States of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, the United
States Virgin Islands, Guam, American Samoa, the Republic of the
Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau, and any other possession of the United
States.''.
(b) Clerical Amendment.--The table of contents of the National
Security Act of 1947 is amended by adding at the end the following:
``TITLE VIII--ACCESS TO CLASSIFIED INFORMATION
``Sec. 801. Procedures.
``Sec. 802. Requests by authorized investigative agencies.
``Sec. 803. Exceptions.
``Sec. 804. Definitions.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 180 days after the date of enactment of this Act.
SEC. 803. REWARDS FOR INFORMATION CONCERNING ESPIONAGE.
(a) Rewards.--Section 3071 of title 18, United States Code, is
amended--
(1) by inserting ``(a)'' before ``With respect to''; and
(2) by adding at the end the following new subsection:
``(b) With respect to acts of espionage involving or directed at
the United States, the Attorney General may reward any individual who
furnishes information--
``(1) leading to the arrest or conviction, in any country, of
any individual or individuals for commission of an act of espionage
against the United States;
``(2) leading to the arrest or conviction, in any country, of
any individual or individuals for conspiring or attempting to
commit an act of espionage against the United States; or
``(3) leading to the prevention or frustration of an act of
espionage against the United States.''.
(b) Definitions.--Section 3077 of such title is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(8) `act of espionage' means an activity that is a violation
of--
``(A) section 793, 794, or 798 of title 18, United States
Code; or
``(B) section 4 of the Subversive Activities Control Act of
1950.''.
(c) Clerical Amendments.--(1) The item relating to chapter 204 in
the table of chapters for part II of such title is amended to read as
follows:
``204. Rewards for information concerning terrorist acts and
espionage........................................................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 ESPIONAGE
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 proceeds
the person obtained, directly or indirectly, as the result of such
violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that the
defendant forfeit to the United States all property described in para-
Pgraph (1).
``(3) Except as provided in paragraph (4), the provisions of
subsections (b), (c), and (e) through (p) of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
853 (b), (c), and (e)-(p)), shall apply to--
``(A) property subject to forfeiture under this subsection;
``(B) any seizure or disposition of such property; and
``(C) any administrative or judicial proceeding in relation to
such property,
if not inconsistent with this subsection.
``(4) Notwithstanding section 524(c) of title 28, there shall be
deposited in the Crime Victims Fund established under section 1402 of
the Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts from the
forfeiture of property under this subsection remaining after the
payment of expenses for forfeiture and sale authorized by law.
``(5) As used in this subsection, the term `State' means any State
of the United States, the District of Columbia, the Commonwealth 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 Forfeiture 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 proceeds
the person obtained, directly or indirectly, as the result of such
violation; and
``(B) any of the person's property used, or intended to be
used, in any manner or part, to commit, or to facilitate the
commission of, such violation.
``(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that the
defendant forfeit to the United States all property described in para-
Pgraph (1).
``(3) Except as provided in paragraph (4), the provisions of
subsections (b), (c), and (e) through (p) of section 413 of the
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C.
853 (b), (c), and (e)-(p)) shall apply to--
``(A) property subject to forfeiture under this subsection;
``(B) any seizure or disposition of such property; and
``(C) any administrative or judicial proceeding in relation to
such property,
if not inconsistent with this subsection.
``(4) Notwithstanding section 524(c) of title 28, there shall be
deposited in the Crime Victims Fund established under section 1402 of
the Victims of Crime Act of 1984 (42 U.S.C. 10601) all amounts from the
forfeiture of property under this subsection remaining after the
payment of expenses for forfeiture and sale authorized by law.
``(5) As used in this subsection, the term `State' means any State
of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Trust Territory of the Pacific Islands, and any
territory or possession of the United States.''.
SEC. 805. DENIAL OF ANNUITIES OR RETIRED PAY TO PERSONS CONVICTED
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 Attorney
General of the United States certifies to the agency administering 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
comparable to such rights provided by the United States
Constitution, and such conviction was based upon evidence which
would have been admissible in the courts of the United States; and
``(C) that such conviction occurred after the date of enactment
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 subparagraphs (A),
(B), or (C) of paragraph (1), as certified by the Attorney General,
have not been satisfied in his or her particular circumstances. Should
the court determine that any of these conditions has not been satisfied
in such case, the court shall order any annuity or retirement 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 TERMINATED
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:
``Sec. 1599. Postemployment assistance: certain terminated intelligence
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
individual; and
``(3) to provide financial support to that individual during
periods of unemployment.
``(b) Qualified Former Intelligence Employees.--For purposes of
this section, a qualified former intelligence employee is an individual
who was employed as a civilian employee of the Department of Defense in
a sensitive position in an intelligence component of the Department of
Defense--
``(1) who has been found to be ineligible for continued access
to information designated as `Sensitive Compartmented Information'
and employment with the intelligence component; or
``(2) whose employment with the intelligence component has been
terminated.
``(c) Conditions.--Assistance may be provided to a qualified former
intelligence employee under subsection (a) only if the Secretary
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 submit to
the congressional committees specified in paragraph (2) an annual
report with respect to any expenditure made under this section.
``(2) The committees referred to in paragraph (1) are the
following:
``(A) The Committees on Armed Services and Appropriations and
the Permanent Select Committee on Intelligence of the House of
Representatives.
``(B) The Committees on Armed Services and Appropriations and
the Select Committee on Intelligence of the Senate.
``(f) Definition.--In this section, the term `intelligence
component 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 section
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.
SEC. 807. PROVIDING A COURT ORDER PROCESS FOR PHYSICAL SEARCHES
UNDERTAKEN FOR FOREIGN INTELLIGENCE PURPOSES.
(a) Amendment of the Foreign Intelligence Surveillance Act of
1978.--The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.) is amended--
(1) by redesignating title III as title IV and section 301 as
section 401, respectively;
(2) in section 401 (as so redesignated) by inserting ``(other
than title III)'' after ``provisions of this Act''; and
(3) by inserting after title II the following new title:
``TITLE III--PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES
``definitions
``Sec. 301. As used in this title:
``(1) The terms `foreign power', `agent of a foreign power',
`international terrorism', `sabotage', `foreign intelligence
information', `Attorney General', `United States person', `United
States', `person', and `State' shall have the same meanings as in
section 101 of this Act, except as specifically provided by this
title.
``(2) `Aggrieved person' means a person whose premises,
property, information, or material is the target of physical search
or any other person whose premises, property, information, 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 prohibit the
dissemination, of nonpublicly available information 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), procedures
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
``(D) notwithstanding subparagraphs (A), (B), and (C), with
respect to any physical search approved pursuant to section
302(a), procedures that require that no information, 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 General 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 examination of
the interior of property by technical means) that is intended to
result in a seizure, reproduction, inspection, or alteration of
information, material, or property, under circumstances in which a
person has a reasonable expectation of privacy and a warrant would
be required for law enforcement purposes, but does not include (A)
`electronic surveillance', as defined in section 101(f) of this
Act, or (B) the acquisition by the United States Government of
foreign intelligence information from international or foreign
communications, or foreign intelligence activities conducted in
accordance with otherwise applicable Federal law involving a
foreign electronic communications system, utilizing a means other
than electronic surveillance as defined in section 101(f) of this
Act.
``AUTHORIZATION OF PHYSICAL SEARCHES FOR FOREIGN INTELLIGENCE
PURPOSES
``Sec. 302. (a)(1) Notwithstanding any other provision of law, the
President, acting through the Attorney General, may authorize physical
searches without a court order under this title to acquire foreign
intelligence information for periods of up to one year if--
``(A) the Attorney General certifies in writing under oath
that--
``(i) the physical search is solely directed at premises,
information, material, or property used exclusively by, or
under the open and exclusive control of, a foreign power or
powers (as defined in section 101(a) (1), (2), or (3));
``(ii) there is no substantial likelihood that the physical
search will involve the premises, information, material, or
property of a United States person; and
``(iii) the proposed minimization procedures with respect
to such physical search meet the definition of minimization
procedures under paragraphs (1) through (4) of section 301(4);
and
``(B) the Attorney General reports such minimization procedures
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 minimization
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 Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate under the provisions of secPtion 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
necessary to accomplish the physical search in such a manner as
will protect its secrecy and produce a minimum of interference 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 Attorney 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 procedures 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 immediately for the record a
written statement of each reason for such decision and, on motion of
the United States, the record shall be transmitted, under seal, to the
court of review established under section 103(b).
``(d) The court of review established under section 103(b) shall
have jurisdiction to review the denial of any application made under
this title. If such court determines that the application was properly
denied, the court shall immediately provide for the record a written
statement of each reason for its decision and, on petition of the
United States for a writ of certiorari, the record shall be 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 maintained
under security measures established by the Chief Justice of the United
States in consultation with the Attorney General and the Director of
Central Intelligence.
``APPLICATION FOR AN ORDER
``Sec. 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
application;
``(2) the authority conferred on the Attorney General by the
President and the approval of the Attorney General to make the
application;
``(3) the identity, if known, or a description of the target of
the search, and a detailed description of the premises or property
to be searched and of the information, material, or property to be
seized, reproduced, or altered;
``(4) a statement of the facts and circumstances relied upon by
the applicant to justify the applicant's belief that--
``(A) the target of the physical search is a foreign power
or an agent of a foreign power;
``(B) the premises or property to be searched contains
foreign intelligence information; and
``(C) the premises or property to be searched is owned,
used, possessed by, or is in transit to or from a foreign power
or an agent of a foreign power;
``(5) a statement of the proposed minimization procedures;
``(6) a statement of the nature of the foreign intelligence
sought and the manner in which the physical search is to be
conducted;
``(7) a certification or certifications by the Assistant to the
President for National Security Affairs or an executive branch
official or officials designated by the President from among those
executive branch officers employed in the area of national security
or defense and appointed by the President, by and with the advice
and consent of the Senate--
``(A) that the certifying official deems the information
sought to be foreign intelligence information;
``(B) that the purpose of the search is to obtain foreign
intelligence information;
``(C) that such information cannot reasonably be obtained
by normal investigative techniques;
``(D) that designates the type of foreign intelligence
information being sought according to the categories described
in section 101(e); and
``(E) includes a statement explaining the basis for the
certifications required by subparagraphs (C) and (D);
``(8) where the physical search involves a search of the
residence of a United States person, the Attorney General shall
state what investigative techniques have previously been utilized
to obtain the foreign intelligence information concerned and the
degree to which these techniques resulted in acquiring such
information; and
``(9) a statement of the facts concerning all previous
applications that have been made to any judge under this title
involving 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
Papplication.
``(c) The judge may require the applicant to furnish such other
information as may be necessary to make the determinations required by
section 304.
``ISSUANCE OF AN ORDER
``Sec. 304. (a) Upon an application made pursuant to section 303,
the judge shall enter an ex parte order as requested or as modified
approving the physical search if the judge finds that--
``(1) the President has authorized the Attorney General to
approve applications for physical searches for foreign intelligence
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 definition
of minimization contained in this title; and
``(5) the application which has been filed contains all
statements and certifications required by section 303, and, if the
target is a United States person, the certification or
certifications are not clearly erroneous on the basis of the
statement made under section 303(a)(7)(E) and any other information
furnished under section 303(c).
``(b) An order approving a physical search under this section
shall--
``(1) specify--
``(A) the identity, if known, or a description of the
target of the physical search;
``(B) the nature and location of each of the premises or
property to be searched;
``(C) the type of information, material, or property to be
seized, altered, or reproduced;
``(D) a statement of the manner in which the physical
search is to be conducted and, whenever more than one physical
search is authorized under the order, the authorized scope of
each search and what minimization procedures 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 manner as
will protect its secrecy and produce a minimum of interference
with the services that such landlord, custodian, 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 Attorney
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 furnishing
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 physical
search for the period necessary to achieve its purpose, or for forty-
five days, whichever is less, except that an order under this section
shall approve a physical search targeted against a foreign power, as
defined in paragraph (1), (2), or (3) of section 101(a), for the period
specified in the application or for one year, whichever is less.
``(2) Extensions of an order issued under this title may be granted
on the same basis as the original order upon an application for an
extension and new findings made in the same manner as required for the
original order, except that an extension of an order under this Act for
a physical search targeted against a foreign power, as defined in
section 101(a) (5) or (6), or against a foreign power, as defined in
section 101(a)(4), that is not a United States person, may be for a
period not to exceed one year if the judge finds probable cause to
believe that no property of any individual United States person will be
acquired during the period.
``(3) At or before the end of the period of time for which a
physical search is approved by an order or an extension, or at any time
after a physical search is carried out, the judge may assess compliance
with the minimization procedures by reviewing the circumstances under
which information concerning United States persons was acquired,
retained, or disseminated.
``(d)(1)(A) Notwithstanding any other provision of this title,
whenever the Attorney General reasonably makes the determination
specified in subparagraph (B), the Attorney General may authorize the
execution of an emergency physical search if--
``(i) a judge having jurisdiction under section 103 is informed
by the Attorney General or the Attorney General's designee at the
time of such authorization that the decision has been made to
execute an emergency search, and
``(ii) an application in accordance with this title is made to
that judge as soon as practicable but not more than 24 hours after
the Attorney General authorizes such search.
``(B) The determination referred to in subparagraph (A) is a
determination that--
``(i) an emergency situation exists with respect to the
execution of a physical search to obtain foreign intelligence
information 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 authorization
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, regulatory body,
legislative committee, or other authority of the United States, a
State, or political subdivision thereof, and no information concerning
any United States person acquired from such search shall subsequently
be used or disclosed in any other manner by Federal officers or
employees without the consent of such person, except with the approval
of the Attorney General, if the information indicates a threat of death
or serious bodily harm to any person. A denial of the application made
under this subsection may be reviewed as provided in section 302.
``(e) Applications made and orders granted under this title shall
be retained for a period of at least 10 years from the date of the
application.
``USE OF INFORMATION
``Sec. 305. (a) Information acquired from a physical search
conducted pursuant to this title concerning any United States person
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 information 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 pursuant 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 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 information
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 pursuant 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 authority in
which the information is to be disclosed or used, and the Attorney
General that the State or political subdivision thereof intends to so
disclose or so use such information.
``(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 information 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 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
Attorney General to provide to the aggrieved person a summary of such
materials, only where such disclosure is necessary to make an accurate
determination of the legality of the physical search.
``(h) If the United States district court pursuant to subsection
(g) determines that the physical search was not lawfully authorized or
conducted, it shall, in accordance with the requirements of law,
suppress the evidence which was unlawfully obtained or derived from the
physical search of the aggrieved person or otherwise grant the motion
of the aggrieved person. If the court determines that the physical
search was lawfully authorized or conducted, it shall deny the motion
of the aggrieved person except to the extent that due process requires
discovery or disclosure.
``(i) Orders granting motions or requests under subsection (h),
decisions under this section that a physical search was not lawfully
authorized or conducted, and orders of the United States district court
requiring review or granting disclosure of applications, orders, or
other materials relating to the physical search shall be final orders
and binding upon all courts of the United States and the several States
except a United States Court of Appeals or the Supreme Court.
``(j)(1) If an emergency execution of a physical search is
authorized under section 304(d) and a subsequent order approving the
search is not obtained, the judge shall cause to be served on any
United States person named in the application and on such other United
States persons subject to the search as the judge may determine in his
discretion it is in the interests of justice to serve, notice of--
``(A) the fact of the application;
``(B) the period of the search; and
``(C) the fact that during the period information was or was
not obtained.
``(2) On an ex parte showing of good cause to the judge, the
serving of the notice required by this subsection may be postponed or
suspended for a period not to exceed 90 days. Thereafter, on a further
ex parte showing of good cause, the court shall forego ordering the
serving of the notice required under this subsection.
``CONGRESSIONAL OVERSIGHT
``Sec. 306. On a semiannual basis the Attorney General shall fully
inform the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate
concerning all physical searches conducted pursuant to this title. On a
semiannual basis the Attorney General shall also provide to those
committees and the Committees on the Judiciary of the House of
Representatives and the Senate a report setting forth with respect to
the preceding six-month period--
``(1) the total number of applications made for orders
approving physical searches under this title;
``(2) the total number of such orders either granted, modified,
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- Ption 305(b).
``PENALTIES
``Sec. 307. (a) A person is guilty of an offense if he
intentionally--
``(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 purpose 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 Pcommitted.
``civil liability
``Sec. 308. An aggrieved person, other than a foreign power or an
agent of a foreign power, as defined in section 101 (a) or (b)(1)(A),
respectively, of this Act, whose premises, property, information, or
material has been subjected to a physical search within the United
States or about whom information obtained by such a physical search has
been disclosed or used in violation of section 307 shall have a cause
of action against any person who committed such violation and shall be
entitled to recover--
``(1) actual damages, but not less than liquidated damages of
$1,000 or $100 per day for each day of violation, whichever is
greater;
``(2) punitive damages; and
``(3) reasonable attorney's fees and other investigative and
litigation costs reasonably incurred.
``authorization during time of war
``Sec. 309. Notwithstanding any other provision of law, the
President, through the Attorney General, may authorize physical
searches without a court order under this title to acquire foreign
intelligence information for a period not to exceed 15 calendar days
following a declaration of war by the Congress.''.
(b) Clerical Amendment.--The table of contents in the first section
of the Foreign Intelligence Surveillance Act of 1978 is amended by
striking the items relating to title III and inserting the following:
``TITLE III--PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES
``Sec. 301. Definitions.
``Sec. 302. Authorization of physical searches for foreign intelligence
purposes.
``Sec. 303. Application for an order.
``Sec. 304. Issuance of an order.
``Sec. 305. Use of information.
``Sec. 306. Congressional oversight.
``Sec. 307. Penalties.
``Sec. 308. Civil liability.
``Sec. 309. Authorization during time of war.
``TITLE IV--EFFECTIVE DATE
``Sec. 401. Effective date.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect 90 days after the date of enactment of this Act,
except that any physical search approved by the Attorney General of the
United States to gather foreign intelligence information shall not be
deemed unlawful for failure to follow the procedures of title III of
the Foreign Intelligence Surveillance Act of 1978 (as added by this
Act), if that search is conducted within 180 days after the date of
enactment of this Act pursuant to regulations issued by the Attorney
General, which were in the possession of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives before the date of
enactment of this Act.
SEC. 808. LESSER CRIMINAL OFFENSE FOR UNAUTHORIZED REMOVAL OF
CLASSIFIED DOCUMENTS.
(a) In General.--Chapter 93 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 1924. Unauthorized removal and retention of classified documents
or material
``(a) Whoever, being an officer, employee, contractor, or
consultant of the United States, and, by virtue of his office,
employment, position, or contract, becomes possessed of documents or
materials containing classified information of the United States,
knowingly removes such documents or materials without authority and
with the intent to retain such documents or materials at an
unauthorized location shall be fined not more than $1,000, or
imprisoned for not more than one year, or both.
``(b) For purposes of this section, the provision of documents and
materials to the Congress shall not constitute an offense under
subsection (a).
``(c) In this section, the term `classified information of the
United States' means information originated, owned, or possessed by the
United States Government concerning the national defense or foreign
relations of the United States that has been determined pursuant to law
or Executive order to require protection against unauthorized
disclosure in the interests of national security.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``1924. Unauthorized removal and retention of classified documents or
material.''.
SEC. 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 coordinated.
(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 governments
conducting foreign industrial espionage;
(ii) the industrial sectors and types of information
and technology targeted by such espionage; and
(iii) the methods used to conduct such espionage.
(2) Date of Submission.--The President shall submit the report
required under this subsection not later than six months after the
date of the enactment of this Act.
(b) Annual Update.--Not later than one year after the date referred
to in paragraph (2) of subsection (a), and on the expiration of each
year thereafter, the President shall submit to Congress a report
updating the information referred to in paragraph (1)(D) of that
subsection.
(c) Form of Reports.--To the maximum extent practicable, the
reports referred to in subsections (a) and (b) shall be submitted in an
unclassified form, but may be accompanied by a classified appendix.
(d) Report Under Defense Production Act.--Section 721(k)(1)(B) of
the Defense Production Act of 1950 (50 U.S.C. App. 2170(k)(1)(B)) is
amended by inserting ``or directly assisted'' after ``directed''.
(e) Definition.--For the purposes of this section, ``foreign
industrial espionage'' means industrial espionage conducted by a
foreign government or by a foreign company with direct assistance of a
foreign government against a private United States company and aimed at
obtaining commercial secrets.
SEC. 810. COUNTERNARCOTICS TARGETS FUNDING.
Not less than $5,000,000 from the base budget for the National
Security Agency shall be transferred to United States Army signals
intelligence activities directed at counternarcotics targets. A
detailed operations plan with special emphasis on the United States/
Mexico border and including the participation of the National Security
Agency, the Drug Enforcement Administration, the Federal Bureau of
Investigation, and the United States Customs Service, shall be provided
to the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives no
later than November 15, 1994. This plan shall include a detailed
description of the planned targets and the type of intelligence
collection, dissemination, analysis and tasking that will be included
in these operations.
SEC. 811. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.
(a) Establishment of Counterintelligence Policy Board.--There is
established within the executive branch of Government a National
Counterintelligence Policy Board (in this section referred to as the
``Board''). The Board shall report to the President through the
National Security Council.
(b) Function of the Board.--The Board shall serve as the principal
mechanism for--
(1) developing policies and procedures for the approval of the
President to govern the conduct of counterintelligence activities;
and
(2) resolving conflicts, as directed by the President, which
may arise between elements of the Government which carry out such
activities.
(c) Coordination of Counterintelligence Matters With the Federal
Bureau of Investigation.--(1) Except as provided in paragraph (3), the
head of each department or agency within the executive branch shall
ensure that--
(A) the Federal Bureau of Investigation is advised immediately
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 department
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 departments 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 espionage investigations undertaken by
the Federal Bureau of Investigation which involve the personnel,
operations, or information of such department or agency after a report
has been provided pursuant to paragraph (1)(A).
(3) Where essential to meet extraordinary circumstances affecting
vital national security interests of the United States, the President
may on a case-by-case basis waive the requirements of Pparagraph (1) or
(2), as they apply to the head of a particular department or agency, or
the Director of the Federal Bureau of Investigation. Such waiver shall
be in writing and shall fully state the justification for such waiver.
Within thirty days, the President shall notify the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives that such waiver has been
issued, and at that time or as soon as national security considerations
permit, provide these committees with a complete explanation of the
circumstances which necessitated such waiver.
(4) The Director of the Federal Bureau of Investigation shall, in
consultation with the Director of Central Intelligence and the
Secretary of Defense, report annually, beginning on February 1, 1995,
and continuing each year thereafter, to the Select Committee on
Intelligence of the Senate and to the Permanent Select Committee on
Intelligence of the House of Representatives and, in accordance 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 previous calendar year.
(5) Nothing in this section may be construed to alter the existing
jurisdictional arrangements between the Federal Bureau of Investigation
and the Department of Defense with respect to investigations of persons
subject to the Uniform Code of Military Justice, nor to impose
additional reporting requirements upon the Department of Defense with
respect to such investigations beyond those required by existing law
and executive branch policy.
(6) As used in this section, the terms ``foreign power'' and
``agent of a foreign power'' have the same meanings as set forth in
sections 101 (a) and (b), respectively, of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
TITLE IX--COMMISSION ON THE ROLES AND CAPABILITIES OF THE UNITED STATES
INTELLIGENCE COMMUNITY
SEC. 901. ESTABLISHMENT.
There is established a commission to be known as the Commission 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 previously held
senior leadership positions in the intelligence community and no
more than five of whom shall be members of the same political
party.
(B) Two members shall be appointed by the majority leader of
the Senate, of whom one shall be a Member of the Senate and one
shall be from private life.
(C) Two members shall be appointed by the minority leader of
the Senate, of whom one shall be a Member of the Senate and one
shall be from private life.
(D) Two members shall be appointed by the Speaker of the House
of Representatives, of whom one shall be a Member of the House and
one shall be from private life.
(E) Two members shall be appointed by the Minority Leader of
the House of Representatives, of whom one shall be a Member of the
House and one shall be from private life.
(2) The members of the Commission appointed from private life under
paragraph (1) shall be persons of demonstrated ability and
accomplishment in government, business, law, academe, journalism, or
other profession, who have a substantial background in national
security matters.
(b) Chairman and Vice Chairman.--The President shall designate two
of the members appointed from private life to serve as Chairman and
Vice Chairman, respectively, of the Commission.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers but shall be filled in the same manner as the
original appointment.
(d) Deadline for Appointments.--The appointments required by
subsection (a) shall be made within 45 days after the date of enactment
of this Act.
(e) Meetings.--(1) The Commission shall meet at the call of the
Chairman.
(2) The Commission shall hold its first meeting not later than four
months after the date of enactment of this Act.
(f) Quorum.--Nine members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings, take
testimony, or receive evidence.
(g) Security Clearances.--Appropriate security clearances shall be
required for members of the Commission who are private United States
citizens. Such clearances shall be processed and completed on an
expedited basis by appropriate elements of the executive branch of
Government and shall, in any case, be completed within 90 days of the
date such members are appointed.
(h) Application of Certain Provisions of Law.--In light of the
extraordinary and sensitive nature of its deliberations, the provisions
of the Federal Advisory Committee Act (5 U.S.C. App.), and the
regulations prescribed by the Administrator of General Services
pursuant to that Act, shall not apply to the Commission. Further, the
provisions of section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act''), shall not apply to the
Commission; however, records of the Commission shall be subject to the
Federal Records Act and, when transferred to the National Archives and
Records Agency, shall no longer be exempt from the provisions of such
section 552.
SEC. 903. DUTIES OF THE COMMISSION.
(a) In General.--It shall be the duty of the Commission--
(1) to review the efficacy and appropriateness of the
activities of the United States intelligence community in the post-
cold war global environment; and
(2) to prepare and transmit the reports described in sec- Ption
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 establishments, 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
structured and executed, adds sufficient value to information
otherwise available to the Government to justify its continuation,
and, if so, at what level of resources.
(7) Whether the existing decentralized system of intelligence
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 available
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.
(13) Whether there are areas of redundant or overlapping
activity or areas where there is evidence of serious waste,
duplication, or mismanagement.
(14) To what extent, if any, should the budget for United
States intelligence activities be publicly disclosed.
(15) To what extent, if any, should the United States
intelligence 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 agencies
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 compare 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 arrangements
should be expanded to provide for increased burdensharing.
(19) Whether existing arrangements for sharing intelligence
with multinational organizations in support of mutually shared
objectives are adequate.
SEC. 904. REPORTS.
(a) Initial Report.--Not later than two months after the first
meeting of the Commission, the Commission shall transmit to the
congressional intelligence committees a report setting forth its plan
for the work of the Commission.
(b) Interim Reports.--Prior to the submission of the report
required by subsection (c), the Commission may issue such interim
reports as it finds necessary and desirable.
(c) Final Report.--No later than March 1, 1996, the Commission
shall submit to the President and to the congressional intelligence
committees a report setting forth the activities, findings, and
recommendations of the Commission, including any recommendations 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 congressional 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 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 authorized to take under this title.
SEC. 906. PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission 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 necessary 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 classification 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 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.0
(e) Procurement of Temporary and Intermittent Services.--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 employees of the Central
Intelligence Agency.
SEC. 908. TERMINATION OF THE COMMISSION.
The Commission shall terminate one month after the date of the
submission of the report required by section 904(c).
SEC. 909. DEFINITIONS.
For purposes of this title--
(1) the term ``intelligence agency'' means any agency, office,
or element of the intelligence community;
(2) the term ``intelligence community'' shall have the same
meaning as set forth in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)); and
(3) the term ``congressional intelligence committees'' refers
to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
