[Note: introductory information excerpted from a LegiSlate report, within
fair use guidelines.]
[Note: Personally I think it's VERY invasive, particularly since it is
meant to apply to ALL employees of the named agencies. It's also
obviously a knee-jerk reaction to the Ames incident.
The part I like least is:
>It would provide additional legal authority needed by the intelligence
>agencies and by the FBI to obtain access to records needed to
>counterintelligence investigations.
Libertarians will probably dislike this one a lot too:
>It would establish clear requirements to improve the relationship between the
>FBI and the CIA and other intelligence agencies."
Just what we need - if the left and right hand WILL actually know what the
other is doing, this could be bad. Imagine DigTel '95 with not just the
FBI but the NSA and CIA behind it too. - mech@eff.org]
US 103rd Congress, Senate Bill S1948 - Summary of action/sponsors
=================================================================
As of Friday, April 1, 1994, no committee hearings or other action
had been scheduled for this measure.
Pending Committee Schedules:
Currently, none
All Specified Actions:
03/17/94 -- In The SENATE
Introduced by DECONCINI (D-AZ)
Referred to Senate Select Committee on Intelligence
Remarks by DECONCINI (D-AZ) in "Congressional Record" (CR Page S-3224)
Full text of measure printed in "Congressional Record" (CR Page S-3224)
Remarks by WARNER (R-VA) in "Congressional Record" (CR Page S-3228)
Remarks by GRAHAM, BOB (D-FL) in "Congressional Record" (CR Page S-3229)
Remarks by BOREN (D-OK) in "Congressional Record" (CR Page S-3230)
Cosponsors:
Currently 12 total (6 Democrats, 6 Republicans)
Most recent addition was on Wednesday, March 23, 1994
------------------------------
03/17/94 -- 11 As Introduced
BAUCUS (D-MT) D'AMATO (R-NY) KERREY, BOB (D-NE)
BOREN (D-OK) GORTON (R-WA) MURKOWSKI (R-AK)
BRYAN, RICHARD (D-NV) GRAHAM, BOB (D-FL) WARNER (R-VA)
CHAFEE (R-RI) JOHNSTON, BENNETT (D-LA)
03/23/94 -- 1 Added
LUGAR (R-IN)
S1948 - Full text of bill
=========================
Full Text of Most Recent Version:
103d CONGRESS
2d Session
S. 1948
To amend the National Security Act of 1947 to improve the counterintelligence
and security posture of the United States intelligence community and to
enhance the investigative authority of the Federal Bureau of
Investigation in counterintelligence matters, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 17 (legislative day, February 22), 1994
Mr. DeConcini (for himself, Mr. Warner, Mr. Graham, Mr. Murkowski, Mr.
D'Amato, Mr. Kerrey, Mr. Gorton, Mr. Bryan, Mr. Chafee, Mr. Johnston, Mr.
Boren, and Mr. Baucus) introduced the following bill; which was read
twice and referred to the Select Committee on Intelligence
A BILL
To amend the National Security Act of 1947 to improve the counterintelligence
and security posture of the United States intelligence community and to
enhance the investigative authority of the Federal Bureau of
Investigation in counterintelligence matters, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Counterintelligence and Security
Enhancements Act of 1994".
SEC. 2. COUNTERINTELLIGENCE FOR EMPLOYEES OF AGENCIES IN THE INTELLIGENCE
COMMUNITY.
(a) In General.--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--COUNTERINTELLIGENCE FOR EMPLOYEES OF
AGENCIES IN THE INTELLIGENCE COMMUNITY
"DEFINITIONS
"Sec. 801. As used in this title:
"(1) The term 'head of an agency within the intelligence community'
includes the following:
"(A) The Director of Central Intelligence in the case of the
Central Intelligence Agency and the Office of the Director of Central
Intelligence.
"(B) The Director of the National Security Agency in the case of
such agency.
"(C) The Director of the Defense Intelligence Agency in the case
of such agency.
"(D) The head of the central imagery authority of the Department
of Defense in the case of such authority.
"(E) The Director of the National Reconnaissance Office in the
case of such office.
"(F) The Secretaries of the military departments in the case of
offices within such departments for the collection of specialized
national intelligence through reconnaissance program and in the case
of intelligence elements of the Army, Navy, Air Force, and Marine
Corps.
"(G) The Director of the Federal Bureau of Investigation in the
case of the intelligence elements of such bureau.
"(H) The Secretary of State, the Secretary of Treasury, and the
Secretary of Energy in the case of the intelligence elements within
the departments of each such Secretary, respectively.
"(2) The term 'critical intelligence position' means any position
within the intelligence community, the holder of which requires access to
critical intelligence information.
"(3) The term 'critical intelligence information' means--
"(A) classified information which reveals the identities of
covert agents of the intelligence community and the disclosure of
which to unauthorized persons would reasonably jeopardize the lives
or safety of such agents;
"(B) classified information concerning a technical collection
system of the intelligence community, the disclosure of which to
unauthorized persons would substantially negate or impair the
effectiveness of the system; or
"(C) classified information relating to a cryptographic system
for the protection of classified information of the United States,
the disclosure of which to unauthorized persons would substantially
negate or impair the effectiveness of the system.
"(4) The term 'covert agent' has the meaning given such term in
section 606(4).
"(5) The term 'technical collection system' means a system for the
collection, transmission, or exploitation of electronic signals,
emanations, or images by means that are not commercially available.
"(6) The term 'information relating to a cryptographic system' means
information relating to (i) the nature, preparation, content, or use of
any code, cipher, or other method of protecting communications of
classified information of the United States from interception by
unauthorized persons, or (ii) the design, construction, use, maintenance,
or repair of any equipment used to protect such communications from such
interception. Such term does not include information on the use of such
equipment for personal or office use.
"(7) The term 'authorized investigative agency' means an agency,
office, or element of the Federal Government authorized by law or
regulation to conduct investigations of employees of the intelligence
community for counterintelligence or security purposes.
"(8) The term 'employee' means any person who--
"(A) receives a salary or compensation of any kind from an agency
of the intelligence community;
"(B) is a contractor or unpaid consultant of such an agency; or
"(C) otherwise acts for or on behalf of such an agency.
"REQUIREMENTS FOR EMPLOYEES OF AGENCIES IN THE
INTELLIGENCE COMMUNITY
"Sec. 802. A person may not become an employee of an agency within the
intelligence community unless, before becoming such an employee, the person--
"(1) authorizes, in writing, the Secretary of the Treasury to
disclose the tax returns of the person, or information from such tax
returns, to a representative of an authorized investigative agency
specified in the document evidencing such authority during the period in
which the person is employed by the agency;
"(2) agrees, in writing, to permit a representative of such an
authorized investigative agency to inspect or obtain for purposes
authorized under this title copies of all records relating to bank
accounts, investment accounts, credit accounts, and assets having a value
of more than $10,000 in which the person, or any member of the immediate
family of the person, has a beneficial interest during such period; and
"(3) agrees, in writing, to permit a representative of such an
authorized investigative agency to inspect or obtain copies of all
records maintained by a governmental entity or a private entity relating
to the travel of the person to a foreign country.
"DESIGNATION OF CRITICAL INTELLIGENCE POSITIONS
"Sec. 803. Consistent with this title and in accordance with section 808,
the head of each agency within the intelligence community shall by regulation
designate each position within the agency which qualifies as a critical
intelligence position.
"REQUIREMENTS FOR EMPLOYEES IN CRITICAL INTELLIGENCE POSITIONS
"Sec. 804. (a) An employee of an agency within the intelligence community
may not hold a critical intelligence position unless, before holding such
position, such employee--
"(1) provides the authority and agreements referred to in paragraphs
(1), (2), and (3) of section 802; and
"(2) in accordance with the regulations prescribed under section
808--
"(A) provides the agency employing the employee with an
appropriate statement disclosing the nature and location of all bank
accounts, investment accounts, credit accounts, and assets valued at
more than $10,000 in which the employee, or any immediate member of
the family of the employee, has a beneficial interest;
"(B) agrees, in writing, to advise promptly the agency of any
changes which occur with respect to the nature or location of the
accounts or assets disclosed pursuant to subparagraph (A); and
"(C) agrees, in writing, to advise the agency employing the
employee, in advance, of any travel of the employee to a foreign
country if the travel is not authorized as part of the employee's
official duties in such position.
"(b) An employee providing an authorization and agreements under
subsection (a) shall agree that the authorization and agreement continue in
effect--
"(1) during the period in which the employee holds the critical
intelligence position for which the employee provides the authorization
and agreements; and
"(2) if the employee ceases holding such position, until the earlier
of--
"(A) the date 10 years after the date on which the employee
ceases holding such position; or
"(B) the date on which the employee ceases employment with the
Federal Government.
"RESPONSIBILITIES OF AUTHORIZED INVESTIGATIVE AGENCIES
"Sec. 805. (a) An appropriate authorized investigative agency shall, in
accordance with the regulations prescribed under section 808--
"(1) periodically review and verify the information provided and
disclosed under section 804 by persons holding critical intelligence
positions; and
"(2) if such review indicates the failure of any such person to
comply fully and completely with the requirements of such section,
conduct an appropriate inquiry with respect to such failure.
"(b)(1) If circumstances indicate the loss or compromise of critical
intelligence information, the head of the agency concerned shall immediately
advise the Federal Bureau of Investigation of such loss or compromise.
"(2) Upon notification under paragraph (1), the Federal Bureau of
Investigation, or any other appropriate authorized investigative agency with
the concurrence with the Federal Bureau of Investigation, may conduct
appropriate inquiries with respect to such loss or compromise.
"(c) Any inquiry under this section may include requests for information
from a governmental entity or from private entities. Such requests shall be
made in accordance with section 806.
"REQUESTS BY AUTHORIZED INVESTIGATIVE AGENCIES
"Sec. 806. (a)(1) Any authorized investigative agency may request from
any governmental entity, or from any private entity, such records or other
information as are necessary in order to conduct any authorized
counterintelligence inquiry or security inquiry, including inquiries under
section 805.
"(2) Each such request--
"(A) shall be accompanied by a written certification signed by the
head of the intelligence agency concerned, or the designee of the head of
the agency, and shall certify that--
"(i) the person concerned is an employee of the intelligence
agency;
"(ii) the request is being made pursuant to an authorized inquiry
or investigation; 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 the records or information to be reviewed; and
"(D) shall inform the recipient of the request of the prohibition
described in subsection (b).
"(b) 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, 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 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 of
the intelligence community 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) Subject to the availability of appropriations therefor, any agency
requesting records or information under this section may 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)(1) Except as provided in paragraph (2), an agency receiving records
or information pursuant to a request under this section may not disseminate
the records or information obtained pursuant to such request outside such
agency.
"(2) An agency may disseminate records or information referred to in
paragraph (1) only to the agency employing the employee who is the subject of
the records or information or to the Department of Justice for law
enforcement or counterintelligence purposes.
"(f) Any authorized investigative agency that discloses records or
information received pursuant to a request under this section in violation of
subsection (e)(1) shall be liable to the employee to whom the records relate
in an amount equal to the sum of--
"(1) $100, without regard to the volume of records involved;
"(2) any actual damages sustained by the employee as a result of the
disclosure;
"(3) if the violation is found to have been willful or intentional,
such punitive damages as the court may allow; and
"(4) in the case of any successful action to enforce liability, the
costs of the action, together with reasonable attorney fees, as
determined by the court.
"RESPONSIBILITIES OF THE FEDERAL BUREAU OF INVESTIGATION
"Sec. 807. (a) The Director of the Federal Bureau of Investigation shall
have overall responsibility for the conduct of counterintelligence and law
enforcement investigations involving persons in critical intelligence
positions. The Director shall coordinate all investigative activities (other
than routine inquiries for security purposes) undertaken with respect to such
persons by authorized investigative agencies.
"(b) The head of each agency within the intelligence community shall
ensure that the Director of the Federal Bureau of Investigation is provided
appropriate access to the employees and the records of the agency as may be
necessary to carry out authorized counterintelligence or law enforcement
investigations.
"IMPLEMENTING REGULATIONS
"Sec. 808. Not later than 6 months after the date of the enactment of
this Act, the Director of Central Intelligence shall issue regulations
applicable to all agencies of the intelligence community to implement the
provisions of this Act. Such regulations shall take effect not later than 6
months after the date of their issuance by the Director.
"OVERSIGHT
"Sec. 809. The Director of Central Intelligence shall submit to the
Select Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives a report on the
activities carried out under this title and the effectiveness of this title
in facilitating counterintelligence activities. The Director shall submit the
report on an annual basis.".
(b) Treatment of Incumbents of Covered Positions.--(1) Each employee of
an agency within the intelligence community shall carry out the requirements
of section 802 of the National Security Act of 1947, as added by subsection
(a), not later than 60 days after the issuance of the regulations required
under section 808 of such Act, as so added.
(2) The head of each agency within the intelligence community shall, upon
designating a position within the agency as a critical intelligence position
under section 803 of such Act, as so added, promptly inform the incumbent, if
any, of such position, and any persons being considered for such position, of
such designation.
(3) The head of each such agency shall require that each person who holds
a position in the agency so designated shall carry out the requirements of
section 804 of such Act, as so added, not later than 60 days after the date
of such designation.
(4) Notwithstanding any other provision of law, the head of each such
agency shall--
(A) terminate the employment of any employee of the agency, or any
incumbent in a critical intelligence position in the agency, who fails to
comply with the requirements set forth in paragraph (1) or (3), as the
case may be; and
(B) to the extent feasible--
(i) reassign such incumbent to a position of equal grade and
status within the agency that is not a critical intelligence
position; or
(ii) facilitate the reemployment of such employee in an agency
that is not an agency within the intelligence community.
(c) Treatment of Congressional Staff Having Access to Critical
Intelligence Information.--(1) Notwithstanding any other provision of law and
subject to paragraph (2), sections 802 and 804 of the National Security Act
of 1947, as added by subsection (a), shall apply to employees of Congress
whose positions of employment require access to critical intelligence
information.
(2) The leaders of each House of Congress shall jointly determine with
respect to such House--
(A) the employees of such House whose positions of employment require
access to critical intelligence information; and
(B) appropriate means of applying such sections to such employees.
(3) In this subsection:
(A) The term "critical intelligence information" has the meaning
given such term in section 801(3) of such Act, as so added.
(B) The term "leaders of each House of Congress" means the following:
(i) In the case of the Senate, the Majority Leader of the Senate
and the Minority Leader of the Senate.
(ii) In the case of the House of Representative, the Speaker of
the House of Representatives and the Minority Leader of the House of
Representatives.
SEC. 3. 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, who 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 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 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.
"(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 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 sanction 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.".
SEC. 4. FBI ACCESS TO TAX RETURNS FOR COUNTERINTELLIGENCE PURPOSES.
Section 6103(i) of the Internal Revenue Code of 1986 is amended by adding
at the end the following new paragraph:
"(9) Disclosure for counterintelligence purposes.--
"(A) In general.--Except as provided in paragraph (6), any return
or return information with respect to any specified taxable period or
periods shall, pursuant to and upon the grant of an ex parte order by
a district court judge issued pursuant to section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), be open (but
only to the extent necessary as provided in such order) to inspection
by, or disclosure to, officers and employees of the Department of
Justice who are personally and directly engaged in an authorized
counterintelligence investigation solely for the use of such officers
and employees in such investigation.
"(B) Application for order.--The Attorney General or the Deputy
Attorney General may authorize an application to a judge referred to
in subparagraph (A). Upon such application, such judge may grant such
an order if the judge determines on the basis of the facts submitted
by the applicant that--
"(i) there are specific and articulable facts giving reason
to believe that the person whose returns or return information 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);
"(ii) there is reasonable cause to believe that the return or
return information is or may be relevant to an authorized
counterintelligence investigation;
"(iii) the return or return information is sought exclusively
for use in an authorized counterintelligence investigation; and
"(iv) the information sought to be disclosed cannot
reasonably be obtained, under the circumstances, from another
source.".
SEC. 5. 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
classified information of 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 with
respect to such information 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 with respect to such information against the United States;
or
"(3) leading to the prevention or frustration of an act of espionage
with respect to such information against the United States.".
(b) Definitions.--Section 3077 of such title is amended by inserting at
the end thereof the following new paragraphs:
"(8) 'act of espionage' means an activity that is a violation of--
"(A) section 794 or 798 of title 18, United States Code; or
"(B) section 4 of the Subversive Activities Control Act of 1950
(50 U.S.C. 783).
"(9) '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.".
(c) Clerical Amendments.--The items relating to chapter 204 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. 6. JURISDICTION OF UNITED STATES COURTS TO TRY CASES INVOLVING ESPIONAGE
OUTSIDE THE UNITED STATES.
(a) In General.--Chapter 211 of title 18, United States Code, is amended
by inserting after section 3238 the following new section 3239:
"Sec. 3239. Jurisdiction of espionage outside the United States and related
offenses
"The trial for any offense involving a violation of--
"(1) section 793, 794, 798, 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 prosecuted in the District of
Columbia, or in the Eastern District of Virginia, 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. Jurisdiction of espionage outside the United States and related
offenses.".
SEC. 7. LESSER CRIMINAL OFFENSE FOR THE 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. 8. CRIMINAL FORFEITURE FOR VIOLATION OF CERTAIN ESPIONAGE LAWS.
(a) Title 18.--Section 798 of title 18, United States Code, is amended by
adding at the end the following new subsection:
"(d)(1) Any person convicted of a violation of this section shall forfeit
to the United States irrespective of any provision of State law--
"(A) any property constituting, or derived from, any proceeds the
person obtained, directly or indirectly, as the result of such violation;
and
"(B) any of the person's property used, or intended to be used, in
any manner or part, to commit, or to facilitate the commission of, such
violation.
"(2) The court, in imposing sentence on a defendant for a conviction of a
violation of this section, shall order that the defendant forfeit to the
United States all property described in 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.".
(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, United States Code,
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.".
