[Congressional Record Volume 140, Number 112 (Friday, August 12, 1994)]
[Senate]
[Page S]
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[Congressional Record: August 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

                                 ______


          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1995

                                 ______


               DeCONCINI (AND OTHERS) AMENDMENT NO. 2553

  Mr. DeCONCINI (for himself, Mr. Warner, Mr. Glenn, Mr. D'Amato, Mr. 
Durenberger, Mr. Lugar, Mr. Kerrey, Mr. Bumpers, Mr. Graham, Mr. 
Chafee, and Mr. Bryan) proposed an amendment to the bill (S. 2082) to 
authorize appropriations for fiscal year 1995 for the intelligence 
activities of the U.S. Government and for the Central Intelligence 
Agency Retirement and Disability System, and for other purposes; as 
follows:

       At the end of the bill insert the following new title:

             ``TITLE VII--COUNTERINTELLIGENCE AND SECURITY

     SECTION 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 
     maintain 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 of 
     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 of 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 act 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 of 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 of 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 provide 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 address, 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 individuals 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 requiring by section 303.


                         ``issuance of an order

       ``Sec. 303. (a) Under 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 on 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 State 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 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. (a) 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.''.
                                 ______


                        COHEN AMENDMENT NO. 2554

  Mr. WARNER (for Mr. Cohen) proposed an amendment to amendment No. 
2553 proposed by Mr. DeConcini to the bill S. 2082, supra; as follows:

       At the end of the amendment, add the following:

     SEC.   . 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 
     subparagraph (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.
                                 ______


                DeCONCINI (AND ROBB) AMENDMENT NO. 2555

  Mr. DeCONCINI (for himself and Mr. Robb) proposed an amendment to 
amendment No. 2553 proposed by him to the bill S. 2082, supra; as 
follows:

       At the end of the amendment, add the following:
       Not less than $10 million from the NSA base budget shall be 
     transferred to U.S. Army signals intelligence activities 
     directed at counternarcotics targets. A detailed operations 
     plan with special emphasis on the U.S./Mexico border and 
     including the participation of the National Security Agency, 
     the Drug Enforcement Administration, the Federal Bureau of 
     Investigation, and the U.S. 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.
                                 ______


                 WARNER (AND OTHERS) AMENDMENT NO. 2556

  Mr. WARNER (for himself, Mr. Graham, Mr. DeConcini, Mr. Metzenbaum, 
Mr. Chafee, Mr. Cohen, Mr. Kerrey, Mr. Boren, Mr. Lugar, Mr. Bryan, Mr. 
Baucus, Mr. Durenberger, Mr. Pell, Mr. Lautenberg, Mr. Hatch, Mr. 
Johnston, Mr. Bumpers, Mrs. Boxer, Mr. Moynihan, Mr. Specter, Mr. 
Leahy, Mr. Robb, and Mr. Kerry) proposed an amendment to the bill S. 
2082, supra; as follows:

       At the end of the bill, add the following new title:
  TITLE ____--COMMISSION ON THE ROLES AND CAPABILITIES OF THE UNITED 
                     STATES INTELLIGENCE COMMUNITY

     SEC. ____01. 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. ____02. 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. ____03. 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 __04.
       (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. ____04. 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. ____05. 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. ____06. 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. ____07. 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. ____08. TERMINATION OF THE COMMISSION.

       The Commission shall terminate one month after the date of 
     the submission of the report required by section __04(c).

     SEC. ____09. 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.
                                 ______


               DeCONCINI (AND OTHERS) AMENDMENT NO. 2557

  Mr. DeCONCINI (for himself, Mr. Warner, Mr. Baucus, Mr. D'Amato, Mr. 
Boren, Mrs. Feinstein, Mr. Bryan, and Mr. Metzenbaum) proposed an 
amendment to the bill S. 2082, supra; as follows:

       On page 11, between lines 18 and 19, insert the following 
     new section:

     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.

                          ____________________