[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4299 Engrossed Amendment Senate (EAS)]

103d CONGRESS

  2d Session

                               H. R. 4299

_______________________________________________________________________

                               AMENDMENT
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                          August 12 (legislative day, August 11), 1994.
      Resolved, That the bill from the House of Representatives (H.R. 
4299) entitled ``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'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intelligence Authorization Act for 
Fiscal Year 1995''.

                    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 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 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 
intelligence activities of the elements listed in such section, are 
those specified in the classified Schedule of Authorizations prepared 
by the committee of conference to accompany S. 2082 of the One Hundred 
Third Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations described in subsection (a) 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 of Government.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--The Director of Central 
Intelligence may authorize the employment of civilian personnel in 
excess of the number of such personnel authorized for employment for 
fiscal year 1995 under section 102 of this Act, if the Director 
determines that such action is necessary to the performance of 
important intelligence functions, except that such number may not, for 
any element of the intelligence community, exceed 2 percent of the 
number of civilian personnel authorized under such section for such 
element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall promptly notify the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee 
on Intelligence of the Senate whenever the Director exercises the 
authority granted by subsection (a).
    (c) Intelligence Community Defined.--As used in subsection (a), the 
term ``intelligence community'' has the same meaning given to that term 
by section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401(4)).

SEC. 104. 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 $106,300,000. Of 
the amounts made available under this subsection, funds made available 
for the Advanced Research and Development Committee and the 
Environmental Task Force are authorized to remain available until 
September 30, 1996.
    (b) Authorized Personnel Levels.--The Community Management Account 
of the Director of Central Intelligence is authorized 221 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 Account 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 1 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.

    In addition to amounts authorized to be appropriated by this Act 
for the salary, pay, retirement, and other benefits of Federal 
employees, there are authorized to be appropriated such additional or 
supplemental amounts as may be necessary to cover increases in those 
benefits authorized by law for fiscal year 1995.

SEC. 302. RESTRICTION ON THE CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorizations of appropriations contained in this Act do not 
constitute authority for the conduct of any intelligence activity which 
is not otherwise authorized by the Constitution of the United States or 
by the laws of the United States.

SEC. 303. 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. 304. 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 to the congressional defense and 
intelligence committees a report setting forth a legislative proposal, 
coordinated as appropriate with elements of the intelligence community, 
which would provide for mandatory retirement for expiration of time in 
class, comparable to 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, and the intelligence elements 
of the Army, Navy, Air Force, and Marine Corps. The report shall 
include an assessment of the advisability and feasibility of 
instituting such a mandatory retirement policy, and of alternative 
means to achieve the objectives of a mandatory retirement policy. The 
report shall also include an assessment from the Secretary of Defense 
of the impact of a mandatory retirement policy for intelligence 
community civilian employees on all other Department of Defense 
civilian employees.
    (b) Definitions.--For purposes of this section--
            (1) the term ``congressional defense and intelligence 
        committees'' means 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; and
            (2) the term ``intelligence community'' has the same 
        meaning given to that term in section 3(4) of the National 
        Security Act of 1947 (50 U.S.C. 401(4)).

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. AMENDMENT OF SECTION 4(a) OF THE CIA ACT OF 1949.

    Section 4(a) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403e(a)) is amended in subparagraphs (A) and (C) of paragraph 
(5), by striking ``not the result of vicious habits, intemperance, or 
misconduct on his part,'' each place it appears.

SEC. 402. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.

    (a) Position Established.--The Central Intelligence Agency Act of 
1949 (50 U.S.C. 403a et seq.) is amended by adding at the end the 
following new section:

          ``general counsel of the central intelligence agency

    ``Sec. 20. (a) There is a General Counsel of the Central 
Intelligence Agency appointed from civilian life by the President, by 
and with the advice and consent of the Senate.
    ``(b) The General Counsel of the Central Intelligence Agency is the 
chief legal officer of the Central Intelligence Agency.
    ``(c) The General Counsel of the Central Intelligence Agency shall 
perform such functions as the Director of Central Intelligence may 
prescribe.''.
    (b) Pay for Position.--Section 5315 of title 5, United States Code, 
is amended by adding at the end the following:

        ``General Counsel of the Central Intelligence Agency.''.

                     TITLE V--DEPARTMENT OF DEFENSE

SEC. 501. CENTRAL IMAGERY OFFICE.

    (a) Amendments of the National Security Act of 1947.--(1) Section 
105(b)(2) of the National Security Act of 1947 (50 U.S.C. 403-5(b)(2)) 
is amended by striking ``a central imagery authority'' and inserting in 
lieu thereof ``the Central Imagery Office''.
    (2) 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) Civilian Personnel Management for the Central Imagery Office.--
(1) Subject to paragraph (2), the Secretary of Defense may exercise the 
authorities set forth in sections 1601 and 1604 of title 10, United 
States Code, pertaining to civilian officers and employees in the 
Defense Intelligence Agency, with respect to civilian officers and 
employees of the Central Imagery Office.
    (2)(A) Civilian personnel administrative support for officers and 
employees of the Central Imagery Office shall remain a responsibility 
of the Defense Intelligence Agency.
    (B) The authority provided in section 1604(e)(1) of title 10, 
United States Code, may, with respect to civilian officers and 
employees of the Central Imagery Office, be delegated by the Secretary 
of Defense only to the Deputy Secretary of Defense.

SEC. 502. PUBLIC AVAILABILITY OF CERTAIN MAPS, CHARTS, AND GEODETIC 
              DATA.

    Section 2796(b)(1)(C) of title 10, United States Code is amended by 
inserting ``jeopardize or interfere with ongoing military or 
intelligence operations, or'' after ``disclosed,''.

SEC. 503. AUTHORITY TO ESTABLISH A NATIONAL PUBLIC INFORMATION CENTER.

    Of the funds made available to the Secretary of Defense under this 
Act, the Secretary is authorized during fiscal year 1995 to expend not 
more than $3,000,000 to establish a National Public Information Center 
for the purpose of--
            (1) surveying, collecting, storing, distributing, and 
        presenting unclassified information, including information 
        retained by Government agencies as of the date of enactment of 
        this Act;
            (2) providing support for training in decision-making, and 
        for professional education in the Department of Defense and the 
        intelligence community (as defined in section 3(4) of the 
        National Security Act of 1947); and
            (3) informing more broadly the American public.

SEC. 504. LIMITATIONS ON FUNDING OF THE NATIONAL RECONNAISSANCE OFFICE.

    (a) Review of Project; Compliance with DOD Procurement and 
Contracting Procedures.--Of the funds made available by this Act for 
the National Reconnaissance Office under the classified Schedule of 
Authorizations referred to in section 102 of this Act--
            (1) $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 congressional intelligence committees; and
            (2) no such funds 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)--
                    (A) 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
                    (B) 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).
    (b) Waiver Procedures.--Not later than 30 days after making a 
determination under subsection (a)(2)(B), the President shall report in 
writing the determination to the congressional intelligence committees.
    (c) Specific Authorization and Appropriations Required.--Except to 
the extent and in the amounts specifically provided in an Act 
authorizing appropriations and in an appropriation Act, no funds made 
available under any provision of law may be obligated or expended for 
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) Definitions.--As used in this section:
            (1) congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means the Select 
        Committee on Intelligence of the Senate and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
            (2) national reconnaissance office headquarters building 
        project.--The term ``National Reconnaissance Office 
        Headquarters Building project'' means the project for the 
        headquarters buildings of the National Reconnaissance Office, 
        situated at the so-call 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.

               TITLE VI--FEDERAL BUREAU OF INVESTIGATION

SEC. 601. DISCLOSURE OF CONSUMER CREDIT REPORTS FOR COUNTERINTELLIGENCE 
              PURPOSES.

    Section 608 of the Fair Credit Reporting Act (15 U.S.C. 1681f) is 
amended--
            (1) by striking ``Notwithstanding'' and inserting ``(a) 
        Disclosure of Certain Identifying Information.--
        Notwithstanding''; and
            (2) by adding at the end the following new subsection:
    ``(b) Disclosures to the FBI for Counterintelligence Purposes.--
            ``(1) Consumer reports.--Notwithstanding the provisions of 
        section 604, a consumer reporting agency shall furnish a 
        consumer report to the Federal Bureau of Investigation when 
        presented with a written request for a consumer report, signed 
        by the Director of the Federal Bureau of Investigation, or the 
        Director's designee, which certifies compliance with this 
        subsection. The Director or the Director's designee may make 
        such a certification only if the Director or the Director's 
        designee has determined in writing that--
                    ``(A) such records are necessary for the conduct of 
                an authorized foreign counterintelligence 
                investigation; and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the consumer whose 
                consumer report is sought is a foreign power or an 
                agent of a foreign power, as defined in section 101 of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801).
            ``(2) Identifying information.--Notwithstanding the 
        provisions of section 604, a consumer reporting agency shall 
        furnish identifying information respecting a consumer, limited 
        to name, address, former addresses, places of employment, or 
        former places of employment, to the Federal Bureau of 
        Investigation when presented with a written request, signed by 
        the Director or the Director's designee, which certifies 
        compliance with this subsection. The Director or the Director's 
        designee may make such a certification only if the Director or 
        the Director's designee has determined in writing that--
                    ``(A) such information is necessary to the conduct 
                of an authorized counterintelligence investigation; and
                    ``(B) there is information giving reason to believe 
                that the consumer has been, or is about to be, in 
                contact with a foreign power or an agent of a foreign 
                power, as defined in section 101 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
            ``(3) Confidentiality.--No consumer reporting agency or 
        officer, employee, or agent of such consumer reporting agency 
        may disclose to any person, other than those officers, 
        employees, or agents of such agency necessary to fulfill the 
        requirement to disclose information to the Federal Bureau of 
        Investigation under this subsection, that the Federal Bureau of 
        Investigation has sought or obtained a consumer report or 
        identifying information respecting any consumer under paragraph 
        (1) or (2), nor shall such agency, officer, employee, or agent 
        include in any consumer report any information that would 
        indicate that the Federal Bureau of Investigation has sought or 
        obtained such a consumer report or identifying information.
            ``(4) Payment of fees.--The Federal Bureau of Investigation 
        shall, subject to the availability of appropriations, pay to 
        the consumer reporting agency assembling or providing credit 
        reports or identifying information in accordance with 
        procedures established under this title, a fee for 
        reimbursement for such costs as are reasonably necessary and 
        which have been directly incurred in searching, reproducing, or 
        transporting books, papers, records, or other data required or 
        requested to be produced under this subsection.
            ``(5) Limit on dissemination.--The Federal Bureau of 
        Investigation may not disseminate information obtained pursuant 
        to this subsection outside of the Federal Bureau of 
        Investigation, except to the Department of Justice as may be 
        necessary for the approval or conduct of a foreign 
        counterintelligence investigation, or, where the information 
        concerns a person subject to the Uniform Code of Military 
        Justice, to appropriate investigative authorities within the 
        military department concerned as may be necessary for the 
        conduct of a joint foreign counterintelligence investigation.
            ``(6) Rules of construction.--Nothing in this subsection 
        shall be construed to prohibit information from being furnished 
        by the Federal Bureau of Investigation pursuant to a subpoena 
        or court order, or in connection with a judicial or 
        administrative proceeding to enforce the provisions of this 
        Act. Nothing in this subsection shall be construed to authorize 
        or permit the withholding or information from Congress.
            ``(7) Reports to congress.--On a semiannual basis, the 
        Attorney General of the United States shall fully inform the 
        Permanent Select Committee on Intelligence and the Committee on 
        Banking, Finance and Urban Affairs of the House of 
        Representatives, and the Select Committee on Intelligence and 
        the Committee on Banking, Housing, and Urban Affairs of the 
        Senate concerning all requests made pursuant to paragraphs (1) 
        and (2).
            ``(8) Damages.--Any agency or department of the United 
        States obtaining or disclosing credit reports, records, or 
        information contained therein in violation of this subsection 
        is liable to the consumer to whom such records relate in an 
        amount equal to the sum of--
                    ``(A) $100, without regard to the volume of records 
                involved;
                    ``(B) any actual damages sustained by the consumer 
                as a result of the disclosure;
                    ``(C) if the violation is found to have been 
                willful or intentional, such punitive damages as a 
                court may allow; and
                    ``(D) in the case of any successful action to 
                enforce liability under this subsection, the costs of 
                the action, together with reasonable attorney fees, as 
                determined by the court.
            ``(9) Disciplinary actions for violations.--If a court 
        determines that any agency or department of the United States 
        has violated any provision of this subsection and the court 
        finds that the circumstances surrounding the violation raise 
        questions of whether or not an officer or employee of the 
        agency or department acted willfully or intentionally with 
        respect to the violation, the agency or department shall 
        promptly initiate a proceeding to determine whether or not 
        disciplinary action is warranted against the officer or 
        employee who was responsible for the violation.
            ``(10) Good-faith exception.--Any credit reporting agency 
        or agent or employee thereof making disclosure of credit 
        reports or identifying information pursuant to this subsection 
        in good-faith reliance upon a certificate of the Federal Bureau 
        of Investigation pursuant to provisions of this subsection 
        shall not be liable to any person for such disclosure under 
        this title, the constitution of any State, or any law or 
        regulation of any State or any political subdivision of any 
        State.
            ``(11) Limitation of remedies.--The remedies and sanctions 
        set forth in this subsection shall be the only judicial 
        remedies and sanctions for violation of this subsection.
            ``(12) Injunctive relief.--In addition to any other remedy 
        contained in this subsection, injunctive relief shall be 
        available to require compliance with the procedures of this 
        subsection. In the event of any successful action under this 
        subsection, costs together with reasonable attorney fees, as 
        determined by the court, may be recovered.''.

              TITLE VII--COUNTERINTELLIGENCE AND SECURITY

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Counterintelligence and Security 
Enhancements Act of 1994''.

SEC. 702. 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. 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 written 
        consent to the employing department or agency 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 five 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 conditions 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 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, except 
        that, wherever such information is derived from a classified 
        source, appropriate measures shall be taken to conceal the 
        identity of such source from the employee concerned.

            ``requests by authorized investigative agencies

    ``Sec. 802. (a)(1) Any authorized investigative agency may request 
from any financial agency, financial institution, or holding agency, or 
from any consumer credit 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 a 
person 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 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 5 years thereafter, permitting access 
        to financial records, other financial information, consumer 
        reports, and travel records; and
            ``(B)(i) there is information or allegations indicating 
        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 comes to the attention of the employing 
        agency indicating 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 successive orders, or the 
        Atomic Energy Act of 1954, to require protection against 
        unauthorized disclosure and that is so designated;
            ``(3) the term `consumer credit 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;
            ``(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 
        agency' 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 (until such 
        time as the Compact of Free Association is ratified), 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. 703. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.

    (a) Establishment of Counterintelligence Policy Board.--(1) 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.
    (2) The Board shall consist of the following individuals:
            (A) The Attorney General, who shall serve as Chair.
            (B) The Secretary of Defense.
            (C) The Director of Central Intelligence.
            (D) The Director of the Federal Bureau of Investigation.
            (E) The Assistant to the President for National Security 
        Affairs.
    (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) 
below, 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 source, which 
        indicates that classified information is being, or may have 
        been, deliberately 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 FBI is given complete 
        and timely access to its employees and records for purposes of 
        such investigative activities.
    (2) Except as provided in paragraph (3) below, the Director of the 
Federal Bureau of Investigation shall ensure that counterintelligence 
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 in advance with respect to any action taken by 
the Federal Bureau of Investigation involving the personnel, 
operations, or information of such department or agency after a report 
is provided pursuant to subparagraph (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 paragraphs (1) or 
(2), above, 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 of issuing such waiver, 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 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 
subsections 101 (a) and (b), respectively, of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801).

SEC. 704. DISCLOSURE OF CONSUMER CREDIT REPORTS FOR COUNTERINTELLIGENCE 
              PURPOSES.

    Section 608 of the Fair Credit Reporting Act (15 U.S.C. 1681f) is 
amended--
            (1) by striking ``Notwithstanding'' and inserting ``(a) 
        Disclosure of Certain Identifying Information.--
        Notwithstanding''; and
            (2) by adding at the end the following new subsection:
    ``(b) Disclosures to the FBI for Counterintelligence Purposes.--
            ``(1) Consumer reports.--Notwithstanding the provisions of 
        section 604, a consumer reporting agency shall furnish a 
        consumer report to the Federal Bureau of Investigation when 
        presented with a written request for a consumer report, signed 
        by the Director or Deputy Director of the Federal Bureau of 
        Investigation who certifies compliance with this subsection. 
        The Director or Deputy Director may make such a certification 
        only if he has determined in writing that--
                    ``(A) such records are necessary for the conduct of 
                an authorized foreign counterintelligence 
                investigation; and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the consumer whose 
                consumer report is sought is a foreign power or an 
                agent of a foreign power, as defined in section 101 of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801).
            ``(2) Identifying information.--Notwithstanding the 
        provisions of section 604, a consumer reporting agency shall 
        furnish identifying information respecting a consumer, limited 
        to name, address, former addresses, places of employment, or 
        former places of employment, to the Federal Bureau of 
        Investigation when presented with a written request, signed by 
        the Director or Deputy Director, which certifies compliance 
        with this subsection. The Director or Deputy Director may make 
        such certification only if the Director or Deputy Director has 
        determined in writing that--
                    ``(A) such information is necessary to the conduct 
                of an authorized foreign counterintelligence 
                investigation; and
                    ``(B) there is information giving reason to believe 
                that the consumer has been, or is about to be, in 
                contact with a foreign power or an agent of a foreign 
                power, as so defined.
            ``(3) Confidentiality.--No consumer reporting agency or 
        officer, employee, or agent of such consumer reporting agency 
        may disclose to any person, other than those officers, 
        employees, or agents of such agency necessary to fulfill the 
        requirement to disclose information to the Federal Bureau of 
        Investigation under this subsection, that the Federal Bureau of 
        Investigation has sought or obtained a consumer report or 
        identifying information respecting any consumer under paragraph 
        (1) or (2), nor shall such agency, officer, employee, or agent 
        include in any consumer report any information that would 
        indicate that the Federal Bureau of Investigation has sought or 
        obtained such a consumer report or identifying information.
            ``(4) Payment of fees.--The Federal Bureau of Investigation 
        may, subject to the availability of appropriations, pay to the 
        consumer reporting agency assembling or providing credit 
        reports or identifying information in accordance with this 
        title, a fee for reimbursement for such costs as are reasonably 
        necessary and which have been directly incurred in searching, 
        reproducing, or transporting books, papers, records, or other 
        data required or requested to be produced under this 
        subsection.
            ``(5) Limit on dissemination.--The Federal Bureau of 
        Investigation may not disseminate information obtained pursuant 
        to this subsection outside of the Federal Bureau of 
        Investigation, except to the Department of Justice or as may be 
        necessary for the conduct of a foreign counterintelligence 
        investigation.
            ``(6) Rules of construction.--Nothing in this subsection 
        shall be construed to prohibit information from being furnished 
        by the Federal Bureau of Investigation pursuant to a subpoena 
        or court order, or in connection with a judicial or 
        administrative proceeding to enforce the provisions of this 
        Act. Nothing in this subsection shall be construed to authorize 
        or permit the withholding of information from Congress.
            ``(7) Reports to congress.--On an annual basis, the 
        Attorney General of the United States 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 requests made pursuant to paragraphs (1) 
        and (2).
            ``(8) Damages.--Any agency or department of the United 
        States obtaining or disclosing credit reports, records, or 
        information contained therein in violation of this subsection 
        is liable to the consumer to whom such records relate in an 
        amount equal to the sum of--
                    ``(A) $100, without regard to the volume of records 
                involved;
                    ``(B) any actual damages sustained by the consumer 
                as a result of the disclosure;
                    ``(C) if the violation is found to have been 
                willful or intentional, such punitive damages as a 
                court may allow; and
                    ``(D) in the case of any successful action to 
                enforce liability under this subsection, the costs of 
                the action, together with reasonable attorney's fees, 
                as determined by the court.
            ``(9) Good faith exception.--Any credit reporting agency or 
        agent or employee thereof making disclosure of credit reports 
        or identifying information pursuant to this subsection in good 
        faith reliance upon a certificate of the Federal Bureau of 
        Investigation pursuant to this subsection shall not be liable 
        to any person for such disclosure under this title, the 
        constitution of any State, or any law or regulation of any 
        State or any political subdivision of any State. 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.
            ``(10) Limitation of remedies.--The remedies set forth in 
        this subsection shall be the only judicial remedies for 
        violation of this subsection.
            ``(11) Injunctive relief.--In addition to any other remedy 
        contained in this subsection, injunctive relief shall be 
        available to require compliance with the procedures of this 
        subsection. In the event of any successful action under this 
        subsection, costs of the action, together with reasonable 
        attorney's fees, as determined by the court, may be 
        recovered.''.

SEC. 705. 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 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 783(b) of title 50, United States 
                Code.''.
    (c) Clerical Amendments.--The items relating to chapter 24 in the 
table of chapters at the beginning of such title, and in the table of 
chapters at the beginning of part II of such title, are each amended by 
adding at the end the following: ``and espionage.''.

SEC. 706. ESPIONAGE NOT COMMITTED IN ANY DISTRICT.

    (a) In General.--Chapter 211 of title 18, United States Code, is 
amended by inserting after section 3238 the following new section:
``Sec. 3239. Espionage and related offenses not committed in any 
              district
    ``The trial for any offense involving a violation of--
            ``(1) section 793, 794, 798, 952, or 1030(a)(1) of this 
        title,
            ``(2) section 601 of the National Security Act of 1947 (50 
        U.S.C. 421), or
            ``(3) subsection (b) or (c) of section 4 of the Subversive 
        Activities Control Act of 1950 (50 U.S.C. 783 (b) or (c)), 
        begun or committed upon the high seas or elsewhere out of the 
        jurisdiction of any particular State or district,
may be in the District of Columbia or in any other district authorized 
by law.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 211 of such title is amended by inserting after the item 
relating to section 3238 the following:

``3239. Espionage and related offenses not committed in any 
                            district.''.

SEC. 707. 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 subsections:
    ``(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 
paragraph (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.
    ``(e) As used in subsection (d) of this section, 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 (until such time as the 
Compact of Free Association is ratified), and any other 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 
above 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 above 
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:
    ``(g)(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 
paragraph (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.''.

SEC. 708. 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) For purposes of subsections (b)(1) and (c)(1), an offense 
within the meaning of such subsections is established if the Attorney 
General certifies to the agency administering the annuity or retired 
pay concerned--
            ``(1) 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 with the United States, and that such conviction is 
        not being appealed or that final action has been taken on such 
        appeal;
            ``(2) 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
            ``(3) that such conviction occurred after the date of 
        enactment of this subsection.''.

SEC. 709. 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 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

 ``authorization of physical searches for foreign intelligence purposes

    ``Sec. 301. (a) 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 law, a judge 
of the court to whom application is made may grant an order in 
accordance with section 303 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.
    ``(b) 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 the 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 his 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).
    ``(c) 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.
    ``(d) 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. 302. (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); and
            ``(8) 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 
application.
    ``(c) The judge may require the applicant to furnish such other 
information as may be necessary to make the determinations required by 
section 303.

                         ``issuance of an order

    ``Sec. 303. (a) Upon an application made pursuant to section 302, 
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;
                    ``(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; and
                    ``(C) physical search of such premises or property 
                can reasonably be expected to yield foreign 
                intelligence information which cannot reasonably be 
                obtained by normal investigative means;
            ``(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 302, 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 302(a)(7)(E) and any other 
        information furnished under section 302(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 ninety 
days, whichever is less, except that an order under this section shall 
approve 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) Notwithstanding any other provision of this title, 
whenever the Attorney General reasonably determines that--
            ``(A) 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
            ``(B) the factual basis for issuance of an order under this 
        title to approve such a search exists,
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.
    ``(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 301.
    ``(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. 304. (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) No information acquired pursuant to this title shall be 
disclosed for law enforcement purposes unless such disclosure is 
accompanied by a statement that such information, or any information 
derived therefrom, may only be used in a criminal proceeding with the 
advance authorization of the Attorney General.
    ``(c) Whenever the United States intends to enter into evidence or 
otherwise use or disclose in any trial, hearing, or other proceeding in 
or before any court, department, officer, agency, regulatory body, or 
other authority of the United States, against an aggrieved person, any 
information obtained or derived from a physical search of the premises 
or property of that aggrieved person pursuant to the authority of this 
title, the United States shall, prior to the trial, hearing, or the 
other proceeding or at a 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.
    ``(d) 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 of the premises 
or property of that aggrieved person 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.
    ``(e)(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.
    ``(f) Whenever a court or other authority is notified pursuant to 
subsection (c) or (d), or whenever a motion is made pursuant to 
subsection (e), 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 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 only where such disclosure is necessary to make 
an accurate determination of the legality of the physical search.
    ``(g) If the United States district court pursuant to subsection 
(f) 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.
    ``(h) Orders granting motions or requests under subsection (g), 
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.
    ``(i) If an emergency execution of a physical search is authorized 
under section 303(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--
            ``(1) the fact of the application;
            ``(2) the period of the search; and
            ``(3) the fact that during the period information was or 
        was not obtained.
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. 305. 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 
an annual basis the Attorney General shall also provide to those 
committees a report setting forth with respect to the preceding 
calendar year--
            ``(1) the total number of applications made for orders 
        approving physical searches under this title; and
            ``(2) the total number of such orders either granted, 
        modified, or denied.

                              ``penalties

    ``Sec. 306. (a) Offense.--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) Defense.--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) Penalty.--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) Jurisdiction.--There is Federal jurisdiction over an offense 
under this section if the person committing the offense was an officer 
or employee of the United States at the time the offense was committed.

                           ``civil liability

    ``Sec. 307. Civil Action.--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 306 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. 308. Notwithstanding any other 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.

                             ``definitions

    ``Sec. 309. 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.
            ``(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 non-publicly 
                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; and
                    ``(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.
            ``(5) `Physical search' means any physical intrusion 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 `electronic surveillance', as defined in 
        section 101(f) of this Act.''.
    (b) Clerical Amendment.--The table of contents for 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. Authorization of physical searches for foreign intelligence 
                            purposes.
``Sec. 302. Application for an order.
``Sec. 303. Issuance of an order.
``Sec. 304. Use of information.
``Sec. 305. Congressional oversight.
``Sec. 306. Penalties.
``Sec. 307. Civil liability.
``Sec. 308. Authorization during time of war.
``Sec. 309. Definitions.

                       ``TITLE IV--EFFECTIVE DATE

``Sec. 401. Effective Date.''.
    (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 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. 710. 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) In General.--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 1 year, or both.
    ``(b) Definition.--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. 711. REPORTS ON FOREIGN INDUSTRIAL ESPIONAGE.

    (a) In General.--(1) 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) The President shall submit the report required under this 
subsection not later than 6 months after the date of the enactment of 
this Act.
    (b) Annual Update.--Not later than 1 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. 712 COUNTERNARCOTICS TARGETS FUNDING.

    Not less than $10,000,000 from the NSA base budget 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 Senate Select 
Committee on Intelligence and the House Permanent Select Committee on 
Intelligence 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.

  TITLE VIII--COMMISSION ON THE ROLES AND CAPABILITIES OF THE UNITED 
                     STATES INTELLIGENCE COMMUNITY

SEC. 801. 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. 802. 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.
            (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 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.--The President shall designate one of the members 
appointed from private life to serve as Chairman 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 
section 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.

SEC. 803. 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 
        section 804.
    (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.
            (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 
        the Central Intelligence Agency and what capabilities should it 
        retain for the future.
            (4) Whether the existing organization and management 
        framework of the Central Intelligence Agency provide the 
        optimal structure for the accomplishment of its mission.
            (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 the Governments of the United Kingdom, 
        Canada, Australia, France, Israel, Russia, and Germany.
            (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. 804. 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. 805. 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 section, 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 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. 806. PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is 
a private United States citizen shall be paid 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 appointment of a staff director shall be subject to the 
        approval of the Commission. No member of the staff shall be a 
        current officer or employee of the intelligence community.
            (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 non-reimbursable basis, any personnel of that department 
or agency to the Commission to assist it in carrying out its 
administrative and clerical functions, except that no person shall be 
detailed to the staff of the Commission who is an officer or employee 
of an intelligence agency.
    (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. 807. 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. 808. TERMINATION OF THE COMMISSION.

    The Commission shall terminate one month after the date of the 
submission of the report required by section 804(c).

SEC. 809. 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.

            Attest:






                                                             Secretary.

HR 4299 EAS----2
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HR 4299 EAS----9
HR 4299 EAS----10