TABLE OF CONTENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000300010002-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 100
• Document Creation Date: December 15, 2016
• Document Release Date: May 18, 2004
• Sequence Number: 2
• Publication Date: June 7, 1979
• Content Type: REQ

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June 7, 1979
TABLE OF CONTENTS
Page
PART A: GENERAL PROVISIONS
Sec. 201. Statement of Purpose........
Sec. 202. Definitions ........................
PART B: AUTHORITY TO COLLECT, RETAIN AND
DISSEMINATE INFORMATION THAT CON-
CERNS UNITED STATES PERSONS
Subpart 1: GENERAL AUTHORITY
Sec. 211 ..... ........ .....................
Subpart 2: AUTHORITY TO COLLECT FOREIGN INTEL-
LENCE CONCERNING UNITED STATES
PERSONS ..........................
Sec. 213. General Authority to Collect Foreign
Intelligence ..........................
Sec. 214. Collection of Foreign Intelligence
Through Use of Extraordinary
Techniques Outside the United
States ............................
Sec. 215. Collection of Foreign Intelligence
Through Placing Employees in
United States Organizations.......
Sec. 216. Collection of Foreign Intelligence
Through Other Techniques...............
Sec. 217. Minimization of Incidentally
$ Acquired Information that Concerns
United States Persons.............
Subpart 3: AUTHORITY TO COLLECT COUNTER-
INTELLIGENCE AND COUNTERTERRORISt?1
INTELLIGENCE .........................
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Sec. 218. General Authority to Collect
Counterintelligence and Counter-
terrorism Intelligence...
Sec. 219. Collection of Counterintelligence
or Counterterrorism Intelligence
Through Use of Extraordinary
Techniques Outside the United
States ............................
Sec. 220. Collection of Counterintelligence
or Counterterrorism Intelligence
Through Placing Employees in
United States Organizations............
Sec. 221. Collection of Counterintelligence
or Counterterrorism Intelligence
Through Other Techniques...........
Subpart 4: AUTHORITY TO COLLECT OTHER INFOR-
MATION FOR INTELLIGENCE
PURPOSES .........................
Sec. 222. Authority to Collect Information
Concerning Potential Sources of
Intelligence or Operational
Assistance .................
Sec. 223. Authority to Collect Information
for Security Purposes..............
Subpart 5: EMERGENCY AND OTHER PROVISIONS...
Sec. 22-4. Emergency Procedures ..............
Sec. 225. Cooperative Arrangements...........
Sec. 22G. Destruction of Information
Collected Illegally ...............
PART C: SPECIAL ACTIVITIES
#Sec. 231. Authorization for Special
Activities ........................
Sec. 232. Approval for Special Activities...
Sec. 233. Congressional Notification.
Sec. 234. Prohibition on Assassination.......
Sec. 235. Repealer ..........................
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PART D: PRESIDENTIAL WAIVER OF RESTRICTIONS
Sec. 241 .....................................
PART E: ACTIVITIES UNDERTAKEN INDIRECTLY
Sec. 251 .....................................
PART F: REMEDIES
Sec. 261. General Civil Remedy Against the
United States ......................
Sec. 262. Special Civil Remedy for Activities
Outside the United States.............
Sec. 263. Criminal Sanction ..................
Sec. 264. Effect of Regulations and
Procedures ........................
Sec. 266. Suppression of Evidence............
Sec. 267. Exclusive Remedy ..................
Sec. 268. Fees and Costs.....................
Sec. 269. Jurisdiction .....................
Sec. 270. Statute of Limitations...
Sec. 271. Protection of Privileged
Communications ....................
Sec. 272. Administrative Rulemaking....
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TITLE II: LIMITATIONS ON INTELLIGENCE ACTIVITIES
PART A: GENERAL PROVISIONS
STATEMENT OF PURPOSE
Sec. 201. It is the purpose of this title -
(a) to provide statutory authorization for the. conduct
of intelligence activities that concern United States persons
or are performed within the. United States and that are neces-
sary for the conduct of the foreign relations or the protec-
tion of the national security of the United States;
(b) to establish statutory standards for United States
intelligence activities and effective means to ensure that
such activities are conducted in accordance with the Constitution and laws of the United States; and
(c) to delineate the responsibilities of government
officials for ensuring that the intelligence activities of
the United States are conducted in accordance with the Con-
stitution and laws of the United States.
DEFINITIONS
Sec. 202. (a) The definitions in Title I of this Act shall
apply to this title. References to law within this title
are to the laws of the United States.
(b) As used in this title -
(1) the term "collecting agency" means, with
respect to information, the department or agency that
collects the information.
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(2) the term "directed collection" means obtain-
ing information that concerns a United States person by re-
questing or directing any person to acquire such information
through exploiting or developing a relationship with a United
States person without disclosing that the information will
be conveyed to an intelligence entity. This term does not
include placing of employees under Sections 215 and 220.
(3) the term "employee" means a person employed-
by, assigned to or acting for an entity of the intelligence
community.
(4) the term "esse '-ial foreign intelligence"
means foreign intelligence that has been determined by the
National Security Council or a committee designated by the
National Security Council to be essential to the conduct of
the foreign relations or to the protection of the national
security of the United States.
(5) the term "extraordinary technique" means
foreign electronic surveillance, foreign physical search and
other techniques for which a warrant would be required if
undertaken for law enforcement purposes in the United
States.
(6) the term "foreign electronic surveillance"
means interception by electronic means of the .,;ire, oral, or
radio communications of a particular, known United States
person who is outside the United States with the intention
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of acquiring the communications of that person, or use of an
electronic or mechanical surveillance device to monitor the
activities of a particular, known United States person who
is outside the United States, in circumstances in which a
warrant would be required if undertaken for law enforcement
purposes in the United States, but does not include electro-
nic surveillance as defined in the Foreign Intelligence
Search and Surveillance Act, Stat.
(7) the term "foreign physical search" means any
search directed against a United States person who is
outside the United States or against the property of a
United States person that is located outside the United.
States and any opening of mail outside the United States and
outside United States postal channels of a known United
States person under circumstances in which a.warrant would
be required if undertaken for law enforcement purposes in
the United States.
(8) the term "foreign power" means -
(A) a foreign government or any component
thereof, whether or not recognized by the United States;
(B) a faction of a foreign nation or
f
nations not substantially composed of United.States persons;
(C) an entity that is openly acknowledged
by a foreign government or governments or, known to be
directed and controlled by such foreign government or
governments;
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(D) a group engaged in international ter-
rorism or activities in preparation therefor;
(E) a foreign based political. organization,
not substantially composed of United States persons.
(9) the term "important foreign intelligence"
means foreign intelligence that has been determined by the
National Security Council or a committee designated by the-
National Security Council to be important.to the conduct of
the foreign relations or the protection of the national
security of the United States..
(10) the term "mail cover" means systematic and
deliberate inspection and recording of information appearing
on the exterior of envelopes in the mails.
(11) the term "minimization procedures" means
procedures promulgated by the head of an entity of the
intelligence community in consultation with the Director of
National Intelligence and approved by the Attorney General (A) that are reasonably designed in light of
the purpose of the particular technique to minimize the
acquisition and retention and to 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
intelligence; and
(B) under which information-that is not pub-
licly available may be disseminated in a manner that
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identifies a United States person, without such person's
consent, only if such person's identity is necessary to
understand intelligence or to assess its importance,
provided that information that is evidence of a crime may be
disseminated for the purpose of preventing a crime or
enforcing the criminal law.
(12) the term "physical surveillance" means
unconsented, systematic and deliberate observation of .a
person by any means on a continuing basis, or unconsented
acquisition of a nonpublic communication by a person not a
party thereto'or visibly present thereat, through any means
not involving electronic surveillance.
PART B: AUTHORITY TO COLLECT, RETAIN AND
DISSEMINATE INFORMATION THAT CONCERNS UNITED STATES PERSONS
Subpart 1: General Authority
Sec. 211. (a) Information may be collected concerning
any United States person, and may be retained and dis-
seminated, by an entity of the intelligence community
for any foreign intelligence, counterintelligence or
counterterrorism intelligence purpose, or in connection
with any special activity, or other authorized function,
but only in accordance with this part and only to
fulfill a lawful function of that entity.
(b) Information concerning any United States
person may be collected by an entity of the intelligence
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community using any collection technique, and may be
retained and disseminated, with the consent of that
person.
(c) Publicly available information concerning any
United States person may be collected by an entity of
the intelligence community when such inforaiation.is
relevant to an authorized function of that entity, and
may be retained and disseminated.
(d) Activities to collect information that are
directed against a United States person by an entity
of the intelligence community shall be conducted by the
least intrusive means available that in the judgment of
the collecting agency will acquire intelligence of the
nature, reliability and timeliness that is required.
(e) Nothing in this title shall prohibit any entity
of the intelligence community from retaining and disseminating
information concerning any United States person if the in-
formation does not identify that person.
(f) Nothing in this title shall prohibit, limit or
otherwise affect the functions of any department or
agency that are not intelligence activities, other than
activities undertaken by entities of the intelligence
community to provide personnel, document, communications
or physical security..
(g) Nothing in this title shall affect any activity
undertaken by any entity of the intelligence community
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as an active or passive measure intended to protect the
security of its personnel, installations, activities,
equipment or classified information by use of security
guards, access controls, requirements for identification
credentials, or inspection of material carried by
persons entering or leaving its installations...
(h) Nothing in this title shall be construed to pro-
hibit voluntary provision of information to an entity of
the intelligence community by any person not employed by
or assigned to that entity.
Subpart 2: Authority To Collect Foreign
Intelligence Concerning United States Persons
GENERAL AUTHORITY TO COLLECT FOREIGN INTELLIGENCE
Sec. 213.
The entities of the intelligence community
are authorized to collect foreign intelligence that concerns
United States persons. Such foreign intelligence may be
collected without the consent of the United States person
concerned provided that --
(a) collection.is conducted to fulfill a lawful
function of the intelligence entity;
(b) collection involving use of extraordinary and
othjr specified techniques is conducted only in accordance
with this part; and
(c) collection involving these and any other
techniques is conducted only pursuant to procedures pro-
mulgated by the heads of the intelligence entities and
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approved by the Attorney General. The heads of the
intelligence entities shall make such procedures available
promptly after promulgation to the Senate Select Committee
on Intelligence and the House Permanent Select Committee on
Intelligence.
COLLECTION OF FOREIGN INTELLIGENCE THROUGH USE OF
EXTRAORDINARY TECHNIQUES OUTSIDE THE UNITED STATES
Sec. 214. (a) No entity of the intelligence community
may use extraordinary techniques directed against a .United
States person outside the United States to collect foreign
intelligence except pursuant to court order..
(b) Applications for an order from the court established
pursuant to Section 103(a) of the Foreign Intelligence Search
and Surveillance Act, Stat. , are authorized and,
notwithstanding any other law, a judge to whom an application
is made pursuant to this section may grant an order approving
use of an extraordinary technique directed against a United
States person to collect foreign intelligence.
(c) An order approving use of extraordinary techniques
pursuant to this section shall be granted if the court finds
that --
(1) a senior official designated by the President
has certified that the information sought is essential foreign
intelligence and that it is likely to be obtained as a result
of proposed use of an extraordinary technique against a United
States person;
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(2) there is probable cause to believe the United
States person against whom the extraordinary technique is to
be directed is in possession of, or, with respect to foreign
electronic surveillance, is about to receive, the information
sought;
(3) less intrusive means cannot reasonably be
expected to acquire intelligence of the nature, reliability
and timeliness that is required;
(4) the proposed minimization procedures meet
the definition of such procedures under Section. 203(b)(11) of
this title.
(d) The order of the court approving such use of
an extraordinary technique shall be in writing and
shall --
(1) specify the identity or description of the
United States person against whom the extraordinary technique
is to be directed;
(2) specify the nature and location of the property,
communications or activity to be the subject of the use of
extraordinary techniques and state whether physical entry
may be involved;
(3) specify a reasonable period, not to exceed
90 days, during which the use of an extraordinary technique
is authorized, provided that no order shall authorize more
than one unconsented entry into real property except for
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entries to install, repair, or remove surveillance devices;
(4) direct-. that minimization procedures be fol-
lowed.
(e) Extensions of an order issued under this section
may be granted on the same basis as an original order upon
an application for an extension and new findings made in the
same manner as required for an initial order..
(f) Use of extraordinary techniques by military com-
ponents directed against United States persons who are
subject to the Uniform Code of Military Justice, 10 U.S.C.
802, Art. 2, (1) through (10), may be authorized pursuant to
an order issued in conformance with subsections (c) (d) and
(e) of this section by a military judge appointed under the
Uniform Code of Military Justice.
(g) The procedural, administrative, and security pro-
visions established under the Foreign Intelligence Search
and Surveillance Act, Stat. shall be observed by a
court or military judge considering applications for use of
extraordinary techniques under this section.
(h) The court of review established pursuant to sec-
tion'103(b) of the Foreign Intelligence Search and Surveil-
lance Act, Stat. , shall have jurisdiction to
hear appeals from decisions with respect to applications for
use of extraordinary techniques under this section. Deci-
sions of the court of review shall be subject to review by
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the Supreme Court of the United States as provided in that
COLLECTION OF FOREIGN INTELLIGENCE THROUGH
PLACING EMPLOYEES IN UNITED STATES ORGANIZATIONS
Sec. 215. (a) No entity of the intelligence community
may place employees in an organization in the United States
or substantially composed of United States persons, without
-disclosure of the employee's intelligence affiliation, for
the purpose of collecting foreign intelligence except as
authorized by the Attorney General.
(b) The Attorney General. may authorize such activities
of employees based on a finding that --
(1) a senior official designated by the President
has certified that the information sought is essential
foreign intelligence;
(2) there is probable cause to believe that
information of this character is likely to be acquired
through the proposed activity;
(3) less intrusive means cannot acquire intel-
ligence of the nature,. reliability and timeliness that is
required;
(4) the proposed minimization procedures meet the
definition of such procedures under Section 203(b)(11) of
this title;
(5) the period of time during which the activity
is to continue is reasonable and no longer than 90 clays; and
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(6) the activity is not undertaken to interfere
with political activities engaged in or views expressed by
any United States person, the exercise of the right to
petition the government, or the exercise of any other right
protected by the Constitution or laws of the United
States.
(c) The Attorney General's authorization shall be in
writing and shall --
(1) specify the identity or description of the
organization or its members concerning which information is
intended to be collected;
(2) specify the period during which the activity
is authorized;
(3) direct that minimization procedures be
followed; and
(4) specifically ensure that such activity is
strictly limited and carefully controlled so as to protect
constitutional and legal rights.
(d) The Attorney General may grant extensions of an
authorization issued under this section on the same basis as
an original authorization upon application. for an extension
and 'new findings made in the same manner as required for an
initial authorization.
(e) Within the United States, the placing of employees
in United States organizations for the purpose of collecting
foreign i'telligence without disclosure of the employee's
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intelligence affiliation may be conducted only by the
Federal Bureau of Investigation, or by military components
when directed against persons subject to the Uniform Code of
Military Justice, 10 U.S.C. 802, Art. 2, (1) through (10).
(f) Nothing in this section shall restrict attendance
by employees at meetings of organizations that are
open to attendance by United States Government employees
acting in their official capacities, or the. collection
of foreign intelligence at any such meetings.
(g) Nothing in this section is intended to restrict
participation by employees in any organization without
disclosure of their intelligence affilation where such
participation is necessary to establish, enhance, or
maintain cover, or to recommend or assist in the
recruitment of employees or sources of information or
operational assistance.
COLLECTION OF FOREIGN INTELLIGENCE
THROUGH OTHER TECHNIQUES
Section 216. No entity of the intelligence community may
collect foreign intelligence through the use against a
United States person of mail covers, physical surveillance,
or directed collection unless an official designated by the
head of the entity has determined that the information
sought and likely to be obtained through the use of those
techniques constitutes important foreign intelligence that
cannot reasonably be acquired by use of less intrusive
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means. Within the United States, these techniques may be
directed against a United States person for the purpose of
collecting foreign intelligence only by the Federal Bureau of
Investigation, or by military components when directed
against persons subject to the Uniform Code of Military
Justice, 10 U.S.C. 802, Art. 2 (1) through (10).
MINIMIZATION OF INCIDENTIALLY ACQUIRED INFORMATION
THAT CONCERNS UNITED STATES PERSONS
Sec. 217. Any information concerning United States
persons that is obtained by any entity of the intelligence
community through interception by electronic means of any
wire, oral, or radio communications must be treated in
accordance with minimization procedures.
Subpart 3: Authority to Collect Counterintelligence
and Counterterrorism Intelligence
GENERAL AUTHORITY TO COLLECT COUNTERINTELLIGENCE
AND COUNTERTERRORISM INTELLIGENCE
Sec. 218. (a) The entities of the intelligence
community are authorized to collect counterintelligence and
counterterrorism intelligence that concerns United States
persons. Such intelligence may be collected without the
consent of the United States person concerned provided'
that --
(1) facts and circumstances indicate that the
person is or may be engaged in clandestine intelligence
activities on behalf of a foreign power or international
terrorist activity;
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(2) collection is conducted to fulfill a lawful
function of the intelligence entity; and
(3) collection involving use of extraordinary
techniques and other specified techniques is conducted only
in accordance with this subpart.
COLLECTION OF COUNTERINTELLIGENCE OR COUNTERTERRORISM
INTELLIGENCE THROUGH USE OF EXTRAORDINARY TECHNIQUES
OUTSIDE THE UNITED STATES
Sec. 219. (a) No entity of the intelligence community
may use extraordinary techniques directed against a United
States person outside the United States to collect counter-
intelligence or counterterrorism intelligence except
pursuant to court order.
(b) Applications for an order from the court
established pursuant to Section 103(a) of the Foreign Intel-
ligence Search and Surveillance Act,
are authorized and, notwithstanding any other law, a judge
to whom an application is made pursuant to this section may
grant, an order approving use of an extraordinary technique
directed against a United States person to collect counter-
intelligence or counterterrorism intelligence.
(c) An order approving use of extraordinary techniques
e
pursuant to this.section shall be granted if the court finds
(1) there is probable cause to believe that the
person is or may be engaged in clandestine intelligence
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activity on behalf of a foreign power or international
terrorist activity;
(2) significant counterintelligence or counter-
terrorism intelligence is likely to be obtained from use of
the extraordinary technique;
(3) less intrusive means cannot reasonably be
expected to acquire intelligence of the nature, reliability
and timeliness that.-is required; and -
(4) the proposed minimization procedures meet the
definition of such procedures under Section 203(b)(11) of
this title. -
(d) The requirements of Section 214(d), (e), (f), (g)
and (h) are applicable to the use of extraordinary
techniques to collect counterintelligence or counter-
terrorism intelligence.
COLLECTION OF COUNTERINTELLIGENCE OR COUNTER-
TERRORISM INTELLIGENCE THROUGH PLACING
EMPLOYEES IN UNITED STATES ORGANIZATIONS
Sec. 220. (a) No entity of the intelligence community
may place employees in an organization in the United States
or substantially composed of United States persons, without
disclosure of the employee?s intelligence affiliation, for
the purpose of collecting counterintelligence or counter-
terrorism intelligence except as authorized by this section.
(b) Such participation in organizations may be con-
ducted only pursuant to written procedures promulgated
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by the head of the entity of the intelligence community.
Such procedures shall --
(1) limit such participation to that necessary to
achieve the lawful objectives of the entity;
(2) ensure that such participation. serves signi-
ficant intelligence objectives;
(3) limit the scope, intensity and duration of
such'participation to that appropriate to the objective;
(4') provide for written approval of participation
and periodic review by a senior official of the entity;
(5) create independent means for audit and inspec-
tion of such participation;
(6) prevent interference with the exercise of
rights protected by the Constitution or laws.of the United
States;
(7) prevent interference in political activities
engaged in or views expressed by a United States person; and
(8) ensure that minimization procedures are fol.~
lowed where appropriate.
(c) Procedures prepared pursuant to subsection-(b)
shall be reviewed by the Attorney General and may not be put.
into effect without the approval of the Attorney General
COLLECTION OF COUNTERINTELLIGENCE OR COUNTERTERRORISM
INTELLIGENCE THROUGH OTHER TECHNIQUES
Sec. 221. Entities of the intelligence community may
collect counterintelligence or counterterrorism intelligence
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through the use against a United States person of mail
covers, physical surveillance, or directed collection under
procedures promulgated by the head of the entity and
approved by the Attorney General. Such procedures shall.
provide for review of counterintelligence or counter-
terrorism intelligence investigations utilizing any such
technique not less than once a year by a senior official of
the intelligence entity under the standard set out in
Section 218. The heads of intelligence entities shall make
such procedures available promptly after promulgation to the
Senate Select Committee on Intelligence and the House
Permanent Select Committee on Intelligence.
Subpart 4: Authority to Collect Other Information
for Intelligence Purposes.
AUTHORITY TO COLLECT INFORMATION CONCERNING
POTENTIAL SOURCES OF INTELLIGENCE OR
OPERATIONAL ASSISTANCE
Sec. 222. The entities of the intelligence community
are authorized to collect. information concerning United
States persons who are potential sources of intelligence or
operational assistance under procedures promulgated by the
head of the entity and approved by the Attorney General..
Such procedures shall limit the scope, intensity and
duration of such collection. to that required to determine
the suitability or credibility of the potential source.
Extraordinary techniques may not be used for collection
under this section.
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AUTHORITY TO COLLECT INFORi-1A IOC1 FOR
SECURITY PURPOSES
Sec. 223. The entities of the intelligence community
are authorized to collect information concerning United
States persons for the purpose of providing for the person-
nel security or the physical security of intelligence
activities under procedures promulgated by the head of the
entity and approved by the Attorney General. Such pro-
cedures shall limit the scope, intensity and duration of
such collection to that required to determine the suit-
ability or trustworthiness of employees, contractors, or -
applicants for employment or for access to classified in-
formation; to protect against breaches of security regula-
tions or contractual obligations by employees or former
employees; and to protect against direct or imminent threats
to the physical safety of personnel, installations, property,
documents or other materials related to intelligence
activities. Such procedures shall govern the categories of
persons who may be the subjects of such investigations by
particular agencies. Extraordinary techniques may not be
used for collection under this section.
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 Subpart 5: Emergency and Other Provisions
EMERGENCY PROCEDURES
Sec. 224. (a) Extraordinary techniques may be
directed against a United States person outside the United
States without a court order for a period not longer than 72
hours, provided that the head of the entity of the intel-
ligence community or the senior agency official or the
senior military officer in the country in which the extra-.
ordinary technique is to be used. approves its use and
determines that
(1) an emergency situation ex'.sts such that
essential foreign intelligence or significant counter-
intelligence or counterterrorism intelligence is likely to
be lost before a court order under Section. 214 or Section
219 could be obtained with due diligence; and
(2) the requirements of Section 214(c)(2) through
(4) or the requirements of Section 219(c) are met.
(b) An application for a court order shall be. made
within 72 hours of the initiation of the use of the extra-
ordinary technique.
(c) The use of an extraordinary technique under this
section shall be terminated when the information sought: is
obtained; when the application for a court order is denied;
or upon the expiration of the 72-hour period without
issuance of a court order, whichever occurs first.
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(d) Information concerning a United States person
obtained through use of an extraordinary technique before an
application for a court order is granted or denied shall be
.treated in accordance with the minimization procedures set
forth in the application for a court order and shall be
treated in accordance with Section 226 if the application
for a court order is denied.
COOPERATIVE ARRANGEMENTS
Sec. 225. (a) Notwithstanding the provisions of this
title, no agency, federal officer or employee may be
required to confirm or deny to a court the existence of any
cooperative or liaison relationship that any agency of the
United States Government may have with any foreign
government or component thereof; to identify to a court any
particulars of such cooperative or liaison relationship; or
to reveal to a court in any manner whether any information
used in support of an application under Section 214 or.
Section 219 was obtained directly or indirectly from such a
foreign government or component thereof or whether any
foreign government or component thereof may participate in
the proposed use of an extraordinary technique.
(b) In any case in which it is determined by the
Attorney General that a finding under Section 214(c)(2) or
Section 219(c)(1) or (2) would require the disclosure of
information protected by subsection (a) of this section, the
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Attorney General may submit a certification to the court
that the finding required by Section 214(c)(2) or Section
219(c)(1) or (2) has been made by the Attorney General based
.upon information protected by subsection (a) of this section.
The court shall substitute the Attorney General's certifica
tion for the finding required by SEction 214(c)(2) or Sec-
tion 219(c)(1) or (2) in considering the application for an
order.
DESTRUCTION OF INFORMATION
COLLECTED ILLEGALLY
Sec. 226. Information concerning a United States person
collected by a means or in a manner prohibited by this Title
shall be destroyed as soon as feasible after recognition and
may not be disseminated unless the.head of the collecting
agency or a designee determines that the information --
(1) should be retained for purposes of oversight,
accountability or redress;
(2) evidences danger to the physical safety of
any person and dissemination is limited to that necessary to
protect against such danger; or
(3) is relevant. to any administrative, civil or
criminal proceeding of which the collecting agency has prior
I
notice and dissemination is limited to that necessary for
such proceeding.
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PART C: SPECIAL ACTIVITLIES
AUTHORIZATION FOR SPECIAL ACTIVITIES
Sec. 231. (a) Special activities may be conducted
only by the Central Intelligence Agency, except that, when
military activities are involved or during a period of
hostilities, special activities may be conducted by the.
Department of Defense, and, in unusual circumstances when the
President determines that the intended United States
objective is more likely to be achieved, special activities
may be conducted by another department or agency.
(b) Support for any special activity may be provided
by any department or agency if the authority approving the
activity determines that the intended United States
objective is not likely to be achieved without such support.
APPROVAL FOR SPECIAL ACTIVITIES
Sec. 232. Special activities shall be reviewed and
approved only as follows:
(a) Any special activity that involves substantial
resources or risks may be conducted only after approval by
the President. Such approval shall be based upon a finding
by the President that the special activity is important to
the'national security of the United States and shall be
preceded by a review by the National Security Council or a
committee of the Council designated by the President for
that purpose.
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(b) Authority may be delegated by the President to a
committee of the National Security Council to approve any
category or type of special activity that does not. involve
substantial risks or resources. Such approval shall be
based on a finding by that committee that the special
activity will further the national security of the United
States.
(c) Presidential approval shall be required, based
upon a finding under subsection (a), of any special activity
of a category or type that could be approved under
subsection (b).but as to which any member of the committee
of the Council withholds approval on the basis that the
activity involves substantial resources or risks.
(d) Authority may be delegated by the President to the
Secretary of Defense to approve any special activity
conducted by the Armed Forces of the United States that
relates to existing or imminent hostilities involving the Armed
Forces of the United States.
CONGRESSIONAL NOTIFICATION
Sec. 233. The President shall notify the Permanent
Select Committee on Intelligence of the House of Representa-
tive's and the Select Committee on Intelligence of the Senate
on a timely basis of the facts and circumstances of any
approved special activity. This section shall not be
construed to require the approval of either committee prior
to the initiation of any special activity.
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PROHIBITION ON ASSASSINATION
Sec. 234. No person employed by or acting on behalf of
the United States Government shall engage or conspire to
engage in assassination.
REPEALER
Sec. 235. Section 2422 of Title 22, United States
Code, is repealed.
Part D: PRESIDENTIAL WAIVER OF RESTRICTIONS
Sec. 241. (a) The President may waive any or all of
the restrictions on intelligence activities set forth in
this title during any period -
(1) in which the United States is engaged in war
declared by Act of Congress; or
(2) covered by a report from the President to the
Congress under the War Powers Resolution, 87 Stat. 555, to
the extent necessary to carry out the activity that is the
subject of the report.
(b) When the President utilizes the waiver authority_
under this section, the President shall notify the Permanent
Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
the'Senate in a timely manner and inform those committees of
the facts and circumstances requiring the waiver.
PART E: ACTIVITIES UNDERTAKEN INDIRECTLY
Sec. 251. No entity of the intelligence community and
no employee of an entity of the intelligence community may
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request or otherwise knowingly encourage, directly or
indirectly, an individual, organization, or foreign govern-
ment to engage in any activity on behalf of the United States
Government in which such entity of the intelligence corn
munity is prohibited by this title from engaging;. provided
however that this restriction shall not prohibit. any entity
of the intelligence community from requesting a department
or agency of the United States Government to engage in an.
activity that is within the authorized functions of the
department or agency to which the request is made.
PART F: REMEDIES
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TITLE III: PHYSICAL SEARCHES WITHIN
TFIE UNITED STATES
AMENDMENT OF THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT
Sec. 301. The Foreign Intelligence Surveillance Act of'
1978, Stat. is amended as follows [indicated by
underscoring]:
To authorize searches and surveillance.to obtain fore;igr1._ _
intelligence information.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress._ssembled, That
this Act may be cited as the "Foreign Intel... fence Search
and Surveillance Act".
TITLE 1--PHYSICAL SEARCH AND ELECTRONIC SURVEILLANCE
WITHIN THE UNITED STATES FOR FOREIGN
INTELLIGENCE PURPOSES
Sec. 101. Definitions.
Sec. 102. Authorization for nh sical search and
electronic surveil lance -Yo--r foreign
intelligence purposes.
Sec. 103. Designation of judges.
Sec. 104. Application for an order.
Sec. 105. Issuance of an order.
Sec. 106. Use of information.
Sec. 107. Report of physical search and electronic
surveillance.
Sec. 108. Congressional oversight.
Sec. 109. Penalties.
Sec. 110. Civil liability.
Sec. 111. Authorization during time of war.
TITLE II CONFORMING AMENDMENTS
Sec. 201. Amendments to chapter 119 of title 18, United
States Code.
Sec. 301. Effective date.
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TITLE I--PHYSICAL SEARCH AND ELECTRONIC SURVEILLANCE WITHIN
THE UNITED STATES FOR FOREIGN INTELLIGENCE PURPOSES
Definitions
Sec. 101. As used in this title:
(a) "Foreign power" means--
(1) a foreign government or any component
thereof, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations,
not substantially composed of United States persons;
(3) an entity that is openly acknowledged by
a foreign government or governments to be directed
and controlled by such foreign government or governments;
'(4) a group engaged in international terrorism
or activities in preparation therefor;.
(5) a foreign-based political organization,
not substantially composed of United States persons;
or
(6) an entity that is- directed and con---
trolled by a foreign government or governments.
(b) "Agent of a foreign power" means--
(1) any person other than a United States
person, who--
(A) acts in the United States as an
officer or employee of a foreign power, or as
a member of a foreign power as defined in
subsection (a)(4);
(B) acts for or on behalf of a
foreign power which engages in clandestine
intelligence activities in the United States
contrary to the interests of the United States,
when the circumstances of such person's presence
in the United States indicate that such person
may engage in such activities in the United States,
or when such person knowingly aids or abets any
person in the conduct of such activities or
knowingly conspires with any'person to engage
in such activities; or
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(2) any person who--
(A) knowingly engages in clandestine
intelligence gathering activities for or on be-
half of a foreign power, which activities involve
or may involve a violation of the criminal
statutes of the United States;
(B) pursuant to the direction of an
intelligence service or network of a foreign power,
knowingly engages in any other clandestine intel-
ligence activities for or on behalf of such foreign
power, which activities involve or are about to
involve a violation of the criminal statutes- of--
the United States;
(C) knowingly engages in sabotage or
international terrorism, or activities that are
in preparation therefor, for or on behalf of a
foreign power; or
(D) knowingly aids or abets any person
in the conduct of activities described in subpara-
graph (A), (B), or (C) or knowingly conspires
with any person to engage in activities described
in subparagraph (A), (s), or (C),
(c) "International terrorism" means activities
that--
(1) involve violent acts or acts dangerous
to human life that are a violation of the criminal
laws of the United States or of any State, or
that would be a criminal violation if committed
within the jurisdiction of the United States or
any State;
(2) appear to be intended--
(A) to intimidate or coerce a. civilian
population;
(B) to influence the policy of a govern-
ment by intimidation or coercion; or
(C) to affect the conduct of a govern-
ment by assassination or kidnapping; and
(3) occur totally outside the United States,
or transcend national boundaries in terms of the
means by which they are accomplished, the persons
they appear intended to coerce or intimidate, or
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the locale in which their perpetrators operate or
seek asylum.
(d) "Sabotage" means activities that involve a
violation of chapter 105 of title 18, United.
States Code, or that would involve such a viola-
tion if committed against the United States.
(e) "Foreign intelligence information" means--
(1) information that relates to, and if
concerning a United States person is necessary to,
the ability of the United States to protect against--
(A) actual or potential attack or other
grave hostile acts of a foreign power or an agent of
a foreign power;
(B) sabotage or international terrorism b,-.
a foreign power or an agent of a foreign power;-or
(C)- clandestine intelligence activities by an
intelligence service or network of a foreign power
or by an agent of a foreign power; or
(2) information with respect-to a foreign
power or foreign territory that relates to,
and if concerning a United States person is
necessary to--
(A) the national defense or the security
of the United States; or
(B) the conduct of the foreign affairs of the
United States.
(f) "Electronic surveillance" means--
(1) the acquisition by an electronic,
mechanical, or other surveillance device of the
contents of any wire or radio communication sent
by or intended to be received by a particular, known
United States person who is in the United States, if
the contents are acquired by intentionally
targeting that United States person, under circum-
stances in which a person has a reasonable expecta-
tion of privacy and a warrant would be required
for law enforcement purposes;
(2) the acquisition by an electronic, mechanical,
or other surveillance device of the contents of
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any wire communication to or from a person in the
United States, without the consent of any party
thereto, if such acquisition occurs in the
United States;
(3) the intentional acquisition by an
electronic, mechanical, or other surveillance
device of the contents of any radio communica-
tion, under circumstances in which a person has
a reasonable expectation of privacy and a warrant
would be required for law enforcement purposes,
and if both the. sender and all intended recipients
are located within the United States; or
(4) the installation or use of an electronic,
mechanical, or other surveillance device in the
United States for monitoring to acquire information,
other than from a wire or radio communication,
under circumstances in which.a person has a
reasonable expectation of privacy and a warrant
Ad be required for law enforcement purposes.
(g) "Attorney General" means the Attorney
General of the United States (or Acting Attorney
General) or the Deputy Attorney General.
(h) "Minimization procedures" wt?h-respeet-te
e~eet enie-e vei lanee means--
(1) specific procedures, which shall be
adopted by the Attorney General, that are
reasonably designed in light of the purpose and
technique of the particular search or surveillance,
to minimize the acquisition and retention,
and prohibit the dissemination, of ncjnpublicly
available information concerning unconsenting
United States persons acquired as a result of
such search or surveillance consistent with the
need of the United States to obtain, produce, and
disseminate foreign intelligence information;
(2) procedures that require that nonpublicly
available information acquired as a result of such
search or surveillance which is not foreign
intelligence information, as defined in subsection
(c)(1), 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 foreign intel-
ligence information or assess its importance;
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(3) notwithstanding paragraphs (1) and (2),
procedures that allow for the retention and dis-
semination of information acquired as a result
of such search or surveillance that is evidence
of a crime which has been, is being, or is about
to be committed and that is to be retained or
disseminated for law enforcement purposes; and
(4) notwithstanding paragraphs (1), (2),
and (3), with respect to any physical search or.
electronic surveillance approved pursuant to
section 102(a), procedures that require that, for
a physical search, no information that concerns
a United States person, and for a surveillance,-
no contents of any communication to which a United
States person is a party, shall be disclosed,
disseminated, or used for any purpose or retained
for longer than twenty-four hours unless a court
order under section 105 is obtained or unless the
Attorney General determines.. that. the.- information.
indicates a threat of death or serious bodily
harm to any person.
(i) "United States person" means a citizen. of
the United States, an alien lawfully admitted for
permanent residence (as defined in Section 101(a)(20)
of the Immigration and Nationality Act), an unincor-
porated association a substantial number of members
of which are citizens of the United States or
aliens lawfully admitted for permanent resident,
or a corporation which is incorporated in the
United States, but does not include a corporation
or an association which is a foreign power as
defined in subsection (a)(1), (2), or (3).
(j) "United States", when used in a geographic
sense, means all areas under the territorial
sovereignty of the United States and the Trust
Territory of the Pacific Islands.
M. "Aggrieved person" means a person who is the
? target of physical search or electronic surveil-
lance or any other person whose communications or
activities were subject to physical search or
electronic surveillance.
(1) "Wire communication" means any communication
while it is being carried by a wire, cable, or
other like connection furnished or operated by
any person engaged as a common carrier in pro-
viding or operating such facilities for the
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transmission of interstate or _`oreign
communications.
(m) "Person" means any individual, including any
officer or employee of the Federal Government, or
any group, entity, association, corporation, or
foreign power.
(n) "Contents", when used with respect to a
communication, includes any information concerning the
identity of the parties to such communication or the
existence, substance, purport, or meaning of that
communication.
(o) "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.
(p) "Physical search" means anv search in the
United States and any opening-of-mail-in United
States postal channels, under circumstances in
which a warrant would be required if undertaken
for law
enforcement purposes.
AUTHORIZATION FOR PHYSICAL SEARCH AND ELECTRONIC
SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES
Sec. 102. (a)(1) Notwithstanding any other law, the
President, through the Attorney General, may authorize
hyscial search or electronic surveillance without a
court order under this title to acquire foreign intel-
ligence information for periods of up to one year if
the Attorney General certifies in writing under oath
that--
(A) the the physical search is
directed solely at property or premises under
the open and exclusive control of a foreign
power, as defined in section 101(a)(1)(2) or
(3), and no property of a known United States
person may be seized.
(B) the electronic surveillance is solely
directed at--
(i) the acquisition of the contents of
communications transmitted by means of communications used
exclusively between or among foreign powers, as defined
in section 101(a)(1), (2), or (3); or
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(ii) the acquisition of technical
intelligence, other than the spoken communications of
individuals, from property or premises under the
open and exclusive control of a foreign power,
as defined in section 101(a)(1), (2) or (3);
(C) there is no substantial likelihood
that the search will involve the property of a
United States person or the surveillance will acquire
the contents of any communication to which a United
States person is a party; and
(D) the proposed minimization procedures
with respect to such search or surveillance meet
the definition of minimization procedures under
section 101(h); and
if the Attorney General reports such minimization procedures
and any changes thereto to the House Permanent Select Com-
mittee on Intelligence and the Senate Select Committee on
Intelligence at least thirty days prior to their effective
date, unless the Attorney General determines immediate
action is required and notifies the committees immediately
of such minimization pro-~edures and the reason for their
becoming effective immec". ately.
(2) A physical search or electronic surveillance
authorized by this subsection may be conducted only in-
accordance with the Attorney General's certification and the
minimization procedures adopted by him. The Attorney
General shall assess compliance with such, procedures and
shall report such assessments to the House Permanent Select
Committee on Intelligence and the Senate Select Committee on
Intelligence under the provisions of section 108(a).
(3) The Attorney General shall immediately transmit
under seal to the court established under section 103(a) a
copy of his certification. Such certification shall be
maintained under security measures established by the Chief
Justice with the concurrence of the Attorney General, in
consultation with the Director of Central Intelligence, and
shall remain sealed unless--
(A) an application for a court order with
rspect to the surveillance is made under sections
101(h) (4) and 104; or
(B) the certification is-necessary to
determine the legality of the search or
surveillance under section 106(f).
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(4) With respect to ny'n`Tsis l
search or electronic surveillance
authorized by this subsection, the
Attorney General may direct a specified
communication or other common carrier,
landlord, custodian, or other person
to--
(A) furnish all information, facilities, or
technical assistance necessary to accomplish the
physical search or electronic surveillance in
such a manner as will protect its secrecy and
L,.Luauce a minimum of interference with the
services that such carrier, landlord,
custodian, or other person is providing its
customers; and
(B) maintain under security procedures
approved by the Attorney General and the Director
of Central Intelligence any records concerning
the search or surveil lance or. the _. aid - furnished-
with such carrier, landlord, custodian or
other person wishes to retain.
The Government shall compensate, at the prevailing rate,
such carrier, landlord, custodian, or other person for
furnishing such aid.
(b) 'Applications for a court order under this title
are authorized if the President has, by written authoriza-
tion, empowered the Attorney General to approve applications
to the court having jurisdiction under section 103, and a
judge to whom an application is made may, notwithstanding
any other law, grant an order in conformity with section
105, approving physical search or electronic surveillance
of a foreign power or an agent of a foreign power for the
purpose of obtaining foreign intelligence information,
except that the court shall not have jurisdiction to grant
any order approving physical search or electronic sur-
veillance directed solely as described in paagrapl-f~fA~-
ef- subsection (a) unless such surveillance may involve the
property or acquisition of communications of any United
States person.
(c) Applications to a military judge appointed
pursuant to the Uniform Code of Military Justice are
authorized and such a judge may grant an order in
conformity with Section 105 with respect to physical
search or electronic surveillance conducted
military components and directed against persons
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subject to the Uniform CodeofLil1ltary Justice, 10 U.S.C.
802(1) through (10)
Sec. 103. (a) The Chief Justice of the United States
shall publicly designate seven district court judges from
seven of the United States judicial circuits who shall
constitute a court which shall have jurisdiction to hear
applications for and grant orders approving physical.
search or electronic surveillance, anywhere within the
United States under the procedures set forth in this Act,
except that no judge designated under this subsection shall
hear the same application far-e~eete:~e-sxv i??an~e. under
this Act which has been denied previously by another judge
designated under this subsection. If any judge so
designated denies an application for an order aauthe-ria rig
e-lee4_-t-(5n.ie eu ve: la? ee under this Act, such judge shall
provide immediately for the record a written statement of
each reason for his decision and, ;Qn nOtion..,of the united
States, the record shall be = .nsmitte'd.; `uric er s-ea
to the
court of review established i,.i subsection (b).
(b) The Chief Justice shall publicly designate three
judges, one of whom shall be publicly designated as the pre-
siding judge., from the United Stat!ps_distr.i.ct.courts or_
courts of appeals who together shall comprise a court of
review which shall have jurisdiction to review the denial of
any application made under this. Act. If such court deter-
mines 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.
(c) Proceedings under this Act shall be conducted as
expeditiously as possible. The record of proceedings under
this Act, including applications made and orders granted,
shall be maintained under security measures established by
the Chief Justice in consultation with the Attorney General
and the Director of Central Intelligence.
(d) Each judge designated under this section shall so
serve for a maximum of seven years arid shall not be eligible
for redesignation except that the judges first designated
under subsection (a) shall be designated for terms of from
one to seven years so that one term expires each year, and
that judges first designated under subsection (b) shall be
designated for terms of three, five, and seven years.
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Sec. 104. (a) Each application for an order approving
physical search or electronic surveillance under this title
shall be made by a Federal officer in writing upon oath or
affirmation to a judge having jurisdiction under section
103. Each application shall require the approval of the
Attorney General based upon his finding that it satisfies
the criteria and requirements of such application as set
forth in this title. It shall include--
(1) the identity of the Federal officer
making the application;
(2) the authority conferred on the Attorney
General by the President of the United States and
the approval of the Attorney General to make the
applications;
(3) the identity, if knownr or. a
description of the target of electronic surveil-'
lance or the property or persons suject to
the physical search;
(4) a statement of the facts and
circumstances relied upon by the applicant to
justify belief that--
(A) the target of the r,;, "raw ical
search or electronic surveillance is a foreign
power or an agent of a foreign power; and
(B) each of the facilities, o-r places
or items of property at which the electronic
surveillance is directed is the property of, or
is being used by, or is about to be used by, a
foreign power or an agent of a foreign power;
(5) a statement of the proposed minimiza-
tion procedures;
(6) a detailed description of the nature of
the information sought and the type of pro, aerty_or
communications or activities to be subjected to
the search or surveillance;
(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 officers employed in. the
area of national security or defense and
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appointed by the President 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 or surveillance
is to obtain foreign intelligence information;
(C) that such information cannot reason-
ably 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) including a statement of the basis
for the certification that--
(i) the information sought is the
type of foreign intelligence information.designated;
(ii) such information cannot reason-
ably be obtained by normal investigative techniques;
(8) a statement of the means by which the
search or surveillance will be effected and, for
surveillance, a statement whether physical. entry
is required to effect the surveillance;
(9) a statement of the facts concerning all
previous applications involving the same tec! ni ue
that have been made to any judge under this
title involving any of the persons, property,
facilities, or places specified in the application,
and the action taken on each previous application;
(10) a statement of the period of time which the
the psical search will encompass or for which the
electronic surveillance is required to be maintained,
and if the nature of the intelligence gathering is such
that the approval of the use of physical search or
electronic surveillance under this title should not
automatically terminate when the described type
of information has first been obtained, a description
of facts supporting the belief that additional in-
formation of the same type will be obtained thereafter;
and
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(11) whenever more than one electronic,
mechanical or other surveillance device is to
be used with respect to a particular proposed
electronic surveillance, the coverage of the
devices involved and what minimization procedures
apply to information acquired by each device.
(b) Whenever the target of the physical search or
electronic surveillance is a foreign power, as defined in
section 101(a)(1), (2), or (3), and each of the facilities,
places or items of property at which the search or
surveillance is directed is owned, leased'-, or exclusively
used, or openly and exclusively controlled by that foreign--,
power, the application need not contain the information
required by paragraphs (6), (7)(E), (8), and (11) of
subsection (a), but shall state whether physical entry is
required to effect the search or surveillance and shall
contain such information about the search or surveillance
techniques and communications or other information
concerning United States persons likely to be obtained as
may be necessary to assess the proposed minimization--
procedures.
(c) The Attorney General may require any other
affidavit or certification from any other officer in
connection with the application.
(d) The judge any require the applicant to furnish
such other information as may be necessary to make the
determinations required by section 105.
Sec. 105. (a) Upon an application made pursuant to
section 104, the judge shall enter an ex paste order as
requested or as modified approving the physical search or
electronic surveillance if he finds that-
(1) the President has authorized the Attorney General
to approve applications for physical search or electronic
surveillance for foreign intelligence information;
(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 or electronic
surveillance is a foreign power or an agent of a foreign
power: Provided, That no United States person may be
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considered a foreign power or an agent of a foreign power
solely upon the basis of activities protected by the first
amendment to the Constitution of the United States; and
(B) each of the facilities, places, or items of
property at which the physical search or electronic
surveillance is directed is the property of, is being used
by, or is about to be used by, a foreign power or an agent
of a foreign power;
(4) the proposed minimization procedures meet the
definition of minimization procedures under section 101(h);
and
(5) the application which has been filed contains all
statements and certifications required by section 104 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 104(a)(7)(E) and any other
information furnished under section 104(d).
(b) An order approving physical search or electronic
surveillance under this section shall--
(1) specify-
(A) the identity physical search or, if
known, or a description of the target of the
electronic surveillance;
(B) the nature and location of each of the
'facilities., places or items of property at which
the physical search or electronic surveillance
will be directed;
(C) the type of information sought to be
acquired and the type of communications, activities
or property to be subjected to the search or sur-
veillance;
(D) the means by which the physical
isearch or electronic surveillance will be effected
and, whether physical entry will be used to effect
the search or surveillance;
(E) the period of time during which the
physical search or electronic su.rveillance'is
.approved; and
(F) whenever more than one electronic,
mechanical, or other surveillance device is to. be
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used with respect to a particular electronic
surveillance under the order, the authorized
coverage of the devices involved and what
minimization procedures shall apply to
information subject to acquisition by each
device; and
(2) direct-
(A) that the minimization procedures be
followed;
(B) that upon the request of the applicant
a specified communication or other common carrier,
landlord, custodian, or other specified person
furnish the applicant forthwith all information,
facilities, or technical assistance necessary to
accomplish the physical search or electronic
surveillance in such a manner as will protect its
secrecy and produce a minimum of interference
with the services that such carrier, landlord,
custodian, or other person is providing that
target of physical search or electronic surveillance;
(C) that such carrier, 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 surveillance or
the aid furnished that such person wishes to retain; and
(D) that the applicant, compensate, at the prevailing
rate, such carrier, landlord, custodian, or other person for
furnishing such aid.
(c) Whenever the target of the physical search or
electronic surveillance is a foreign power, as defined in
section l0l(a)(1), (2), or (3) and each of the facilities,
places or items of property at which the search or
surveillance is directed is owned, leased, exclusively used
or openly and exclusively controlled by that foreign power
the order need not contain the information required by
subparagraphs (C), (D), and (F) of subsection (b)(l), but
shall generally describe the information sought and the
communications, activities or property to be subjected to
the search or surveillance and for surveillances the type of
electronic surveillance involved including whether physical
entry is required.
(d)(1) An order issued under this section may
approve physical search or electronic surveillance for the
period necessary to achieve its purpose, or for ninety days,
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whichever is less, except that an order under this section
shall approve an electronic surveillance targeted against a
foreign power, as defined in section 101(a) (1), (2), or
(3), 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 an original
order upon an application for an extension and new findings
made in the same manner as required for an original order,
except that. an extension of an order under this Act for a
surveillance. 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 communication
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 physical search or electronic surveillance is
approved by an order or an extension, 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.
(c) Notwithstanding any other provision o.= this title,
when the Attorney General reasonably determines that
(1) an emergency situation exists with respect to
the use of physical search or electronic surveillance to
obtain foreign intelligence information before an order
authorizing such search or surveillance can with due
diligence be obtained; and
(2) the factual basis for issuance of an order under
this title to approve such search or surveillance exists;
he may authorize the emergency employment of physical
search or electronic surveillance if a judge having
jurisdiction under section 103 is informed by the Attorney
General or his designee at the time of such authorization
that the decision has been made to use emergency
physical search or electronic surveillance and if an
application in accordance with this title is made to that
judge as soon as practicable, but not more than twenty-four
hours after the Attorney General authorizes such search or
surveillance. If the Attorney General authorizes such
emergency employment of physical search or electronic
surveillance he shall require that the minimization
procedures required by this title for the issuance of a
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judical order be followed. In the absence of a judicial
order approving such }pasical search or electronic
surveillance the search or surveillance shall terminate when
the information sought is obtained, when the application for
the order is denied, or after the expiration of twenty-four
hours from the time of authorization by the Attorney
General, whichever is earliest. In the event that
such application for approval is denied, or in any other
case where the physical search or electronic surveillance is
terminated and no order is issued approving the search or
surveillance, no information obtained or evidence derived
from such search or surveillance 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 or surveillance shall subsequently be used or
disclosed in any other manner by Federal officers or
employees without the consent,' o.f. 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 103.
(f) Notwithstanding any other provision of this title,
officers, employees, or agents of the United States are
authorized in the normal course of their official duties to
conduct electronic surveillance not targeted against the
communications of any particular person or persons, under
procedures approved by the Attorney General, solely to-
(1) test the capability of electronic equipment, if-
(A) it is not reasonable to obtain the consent of
the persons incidentally subjected to the surveillance;
(B) the test is limited in extent and duration to
that necessary to determine the capability of the equipment;
(C) the contents of any communication acquired are
retained and used only for the purpose of determining the
capability of the equipment, are disclosed only to test
personnel, and are destroyed before or immediately upon
completion of the test and;
(D) Provided, That the test may exceed ninety days
only with the prior approval of the Attorney General;
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(2) determine the existence and capability of
electronic surveillance equipment being used by persons not
authorized to conduct electronic surveillance, if
(A) it is not reasonable to obtain the consent of
persons incidentally subjected to the surveillance
(B) such electronic surveillance is limited in
extent and duration to that necessary to determine the
existence and capability of such equipment; and
(C) any information acquired by such surveillance
is used only to enforce chapter 119 of title 18, United
States Code, or section 605 of the Communications Act of
1934, or to protect information from unauthorized
surveillance; or
(3) train intelligence personnel in the use of
electronic surveillance equipment, if-
(A) it is not reasonable to-
(i) obtain the consent of the persons
incidentally subjected to the surveillance;
(ii) train persons in the course of
surveillances otherwise authorized by this title; or
(iii) train persons in the use of such
equipment without engaging in electronic surveillance;
(B) such electronic surveillance is limited in
extent and duration to that necessary to train the personnel
in the use of the equipment; and
(C) no contents of any communication acquired are
retained or disseminated for any purpose, but are destroyed
as soon as reasonably possible.
(g) Certifications made by the Attorney General pursuant
to section 102(a) and applications made and orders granted
under this title shall be retained for a period of at least
ten years from the date of the certification or application.
I
Sec. 106. (a) Information acquired from physical search or
electronic surveillance 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
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otherwise privileged communication obtained in accordance
with, or in violation of, the provisions of this title shall
lose its privileged character. No information acquired from
physical search or electronic surveillance 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 authoriza-
tion of the Attorney General. .
(c) Whenever the Government 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 an electronic surveillance of,
,or physical search of the property of, that aggrieved person.
pursuant to the authority of this title, the Government
shall, prior to the trial, hearing, or other proceeding or
at a reasonable time prior to an effort to so disclose or so
use that infomation 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
Government 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 an electronic surveillance of,
or physical search of the 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) Any person against whom evidence obtained or derived
from physical search or electronic surveillance 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
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United States, a State, or a political subdivision thereof,
may move to suppress the evidence obtained or derived from
such physical search or electronic surveillance on the
grounds that-
(1) the information was unlawfully acquired; or
(2) the search or surveillance was not made in
conformity with an order of authorization or approval.
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 physical search or electronic'
surveillance or.to discover, obtain, or suppress evidence or
information obtained or derived from physical search or
electronic surveillance under this Act, 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 an 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 search or surveillance as may be necessary
to determine whether the search or surveillance of, 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 search or surveillance only
where such disclosure is necessary to make an. accurate
determination of the legality of the search or surveillance.
(g') If the United States district court pursuant to
subsection (f) determines that the search or surveillance
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
physical search or electronic surveillance of, the aggrieved
person or otherwise grant the motic;n of the aggrieved
person. If the court determines that the surveillance was
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lawfully authorized and 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 or an electronic surveillance was not lawfully
authorized or conducted, and orders of the Unit-ad States
district court requiring review or granting disclosure
of applications, orders, or other materials relating to a
search or surveillance shall be final orders and. binding
upon all courts of the United States and the several States
except a United States court of appeals and the Supreme
Court.
(i) In circumstances involving the unintentional
acquisition by an electronic, mechanical, or other
surveillance device of the contents of any radio
communication, under circumstances in which a person has a
reasonable expectation of privacy and a warrant would be_
required for law enforcement purposes, and if both the_.
sender and all intended recipients are located within the
United States, such contents shall be destroyed upon
recognition, unless the Attorney General determines that the
contents indicate a threat of death or serious bodily harm
to any person.
(j) If an emergency empeymen-er physical search or
electronic surveillance is authorized under section 105(e)
and a subsequent order approving the surveillance 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 physical search or
electronic surveillance as the judge may determine in his
discretion it is in the interest of justice to serve, notice
of-
(1) the fact of the application;
(2) the period of the search or surveillance; 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 ninety
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.
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REPORT OF PHYSICAL SEARCH AND ELECTRONIC SURVEILLANCE
Sec. 107. In April of each year, the Attorney General shall
transmit to the Administrative Office of the United States
Court and to Congress a report setting forth with respect to
the preceeding calendar year-
(a) the total number of applications made for orders
and extensions of orders approving physical search or
electronic surveillance under this title; and
(b) the total number of such orders and extensions
either granted, modified, or denied.
CONGRESSIONAL OVERSIGHT
Sec. 108. (a) On a semiannual basis the Attorney General
shall fully inform the House Permanent Select Committee on
Intelligence and the Senate Select Committee on Intelligence
concerning all physical searches and electronic surveillances
under this title. Nothing in this title shall be deemed. to
limit the authority and responsibility of the appropriate
committees of each House of Congress to obtain such information
as they may need to carry out their respective functions and
duties.
(b) On or before one year after the effective date of this
Act and on the same day each year for four years thereafter,
the Permanent Select Committee on Intelligence and the
Senate Select Committee on Intelligence shall report
respectively to the House of Representatives and the Senate
concerning the implementation of this Act. Said reports
shall include but not be limited to an analysis and
recommendations concerning whether this Act should be (1)
amended, (2) repealed, or (3) permitted to continue in
effect without amendment.
PENALTIES
Sec. 109. (a) OFFENSE.--A person is guilty of an offense if
he intentionally-
(1) engages in physical search or electronic
surveillance under color of law except as authorized by
statute; or
(2) discloses or uses information obtained under color
of law by physical search or electronic surveillance,
knowing or having reason to know that the information was
obtained through physical search or electronic surveillance
not authorized by statute.
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(b) DEFENSE.--It is a defense to a prosecution under
subsection (a) that the defendant was a law en`orcement or
infestigative officer engaged in the course of his official
duties and the physical search or electronic surveillance
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.
Sec. 110. 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, who has been
subjected to an '.lectronic surveillance or whose
property has been the subject of a physical search or about
whom information obtained' by electronic surveillance of such
person or physical search of such property has been
disclosed or used in violation of section 109 shall have a
cause of action against any person who committed such
violation and shall be entitled. to recover-
(a) actual damages, but not less than liquidated
damages of $1,000 or $100 per day for each day of violation,
whichever is greater;
(b) punitive damages;.and
(c) reasonable attorney's fees and other investigation
and litigation costs reasonably incurred.
Sec. 111. Notwithstanding any other law, the President,
through the Attorney General, may authorize physical
search or"-electronic surveillance without a court order
under this title to acquire foreign intelligence information
for a period not to exceed fifteen calendar days following a
declaration of war by the Congress.
AMENDMENTS TO CHAPTER 119 OF TITLE 18, UNITED STATES
Sec. 201. Chapter 119 of title 18, United States Code, is
amended as follows:
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(a) Section 2511(2)(a)(ii) is amended to read as
follows:
"(ii) Notwithstanding any other law, communication common
carriers, their officers, employees, and agents, landlords,
custodians, or other persons, are authorized to provide
information, facilities, or technical assistance to persons
authorized by law to intercept wire or oral communications
or to conduct electronic surveillance or to engage in
physical search as defined in section 101 of the Foreign
Intelligence Search and Surveillance Act of 1978, if the
common carrier, its officers, employees, or agents,
landlord, custodian, or other specified person, has been
provided with-
"(A) a court order directing such assistance signed by
the authorizing judge, or
"(B) a certification in writing by a person specified
in section-2518( ' 7)of this title or-the Attorney General of
the United States that no warrant or court order is required
by law, that all statutory requirements have been met, and
that the specified assistance is required,
setting forth the period of time during which the provision
of the information, facilities, or technical-assistance is.
authorized and specifying the information, facilities, or
technical assistance required. No communication common
carrier, officer, employee, or agent thereof, or landlord,
custodian, or other specified person shall disclose the
existence of any interception or surveillance, or the device
used to accomplish the interception or surveillance, or
physical search with respect to which the person has been
furnished an order or certification under this subparagraph,
except as may otherwise be required by legal process and
then only after prior notification to the Attorney General
or to the principal prosecuting attorney of a. State or any
political subdivision of a State, as may be appropriate.
Any violation of this. subparagraph by a communication-common
carrier or an officer, employee, or agent thereof, shall
render the carrier liable for the civil damages provided for
in section 2520. No cause of action shall lie in any court
against any communication common carrier, its officers,
employees, or agents, landlord, custodian, or other specified
person for providing information, facilities, or assistance
in accordance with the terms of an order or certification
under this subparagraph."
(b) Section 2511(2) is amended by adding at the end
thereof the following new provisions:
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"(e) Notwithstanding any other provision of this title or
section 605 or 606 of the Communications Act of 1934, it
shall not be unlawful for an officer, employee, or agent of
the United States in the normal course of his official duty
to conduct electronic surveillance, as defined in section
101 of the Foreign Intelligence Search and Surveillance Act
of 1978, as authorized by that Act.
"(f) Nothing contained in this chapter, or section 605 of
the Communications Act of 1934, shall be deemed to affect
the acquisition by the United States Government of foreign
intelligence information from international or foreign
communications by a means other than electronic surveillance
as defined in section 101 of the Foreign Intelligence
Search and Surveillance Act of 1978 and procedures in this
chapter and the Foreign Intelligence Search and Surveillance
Act of 1978 shall be the exclusive means bywhich electronic
surveillance, as defined in section 101 of such Act, and the
interception of domestic wire and oral communications may be
conducted.".
(c) Section 2511(3) is repealed.
(d) Section 2518(1) is amended by inserting "under
this chapter" after "communication".
(e) Section 2518(4) is amended by inserting "under
this chapter" after both appearances of "wire or oral
communication".
(f) Section 2518(9) is amended by striking out
"intercepted" and inserting "intercepted pursuant to this
chapter" after "communication."
(g) Section 2518(10) is amended by striking out
"intercepted" and inserting "intercepted pursuant to this
chapter" after the first appearance of "communication."
(h) Section 2519(3) is amended by inserting "pursuant
to this chapter" after "wire or oral communications" and
after "granted or denied."
TITLE III--EFFECTIVE DATE
Sec. 301. (a) The provisions of this Act and the amendments
made hereby shall become effective upon the date of enactment
of this Act, except that any electronic surveillance approved
by the Attorney General to gath r foreign intelligence infor-
mation shall not be deemed unlawful for failure to follow
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the procedures of this Act, if that surveillance is terminated
or an order approving that surveillance is obtained under
title I of this Act within ninety days following the designa-
tion of the first judge pursuant to section 103 of this Act.
(b) The provisions of the amendments of this Act made
hereby shall become effective ninety days after the date of
their enactment.
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TITLE V --.FEDERAL BUREAU OF INVESTIGATION
STATEMENT OF PURPOSE
Sec. 501. It is the purpose of this Act
(1) to authorize the Federal Bureau of Investigation,
subject to the supervision and control of the Attorney General,
to perform certain intelligence activities necessary for the
conduct of the foreign relations and the protection of the
national security of the United States;
(2) to delineate responsibilities of the Director of
the Federal Bureau of Investigation, and to confer upon the
director the authority necessary to fulfill those responsi-
bilities;
(3) to ensure that the intelligence activities of the
Federal Bureau of Investigation are properly and effectively
directed, regulated, coordinated; and administered; and
(4) to ensure that in the conduct of its intelligence
activities the Federal Bureau of Investigation is account
able to the Attorney General, the President, the Congress,
and the people of the United States and that those activi-
ties are conducted in a manner consistent with the Con-
stitution and laws of the United States..
Sec. 502. (a) All authorities, duties, and responsi-
bilities. of the Federal Bureau of Investigation (hereinafter
in this title referred to as the "Bureau") for the conduct
of intelligence activities, including law enforcement aspects
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of intelligence activities, shall be exercised in accordance
with this Act.
(b) All intelligence functions of the Bureau shall be
performed under the supervision and control of the Attorney
General. in exercising such supervision and control, the
Attorney General shall be guided by policies and priorities
established by the National Security Council and shall be
responsive to foreign intelligence collection objectives,
requirements, and plans promulgated by the Director of
National Intelligence.
(c) The Attorney-General and the Director of the
Federal Bureau of Investigation (hereinafter in this title
referred to as the "Director") shall review at least
annually the intelligence activities conducted or coordi-
nated by the Bureau to determine whether those activities
have been conducted in accordance with the requirements of
this Act and procedures approved by the Attorney General
pursuant to this Act.
(d) The Attorney General and the Director shall
publicly designate officials who shall have the same respon_--
sibilities and authorities with respect to the intelligence
activities of the Bureau as the general counsel and inspector
general of each entity of the intelligence community have
under section 151 of this Act with respect to the intel-
ligence activities of that entity.
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DUTIES OF THE DIRECTOR OF THE
FEDERAL BUREAU OF INVESTIGATION
Sec. 503. (a) It shall be the duty of the Director,
under the supervision and control of the Attorney General,
to -
(1) ensure that intelligence activities
conducted or coordinated by the Bureau are
carried out in conformity with the provisions of
this Act and with the Constitution and laws of
the United States and that such activities do not
abridge-any right protected by the Constitution
or laws of the United States;
(2) ensure that the intelligence activities
of the Bureau are properly and efficiently directed,
regulated, coordinated, and administered;
(3) keep the Attorney General fully and.
currently informed of all intelligence activities
conducted or coordinated by the Bureau and pro-
vide the Attorney General with any information
the Attorney General may request concerning such
activities;
(4) serve as the principal officer of the
Government for the conduct and coordination of
counterintelligence activities and counterter-
rorism intelligence activities within the United
States;
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(5) advise the Attorney General and the
National Security Council regarding the objec-
tives, priorities, direction, conduct, and
effectiveness of counterintelligence and counter-
terrorism intelligence activities within the
United States;
(6) assist the Attorney General and the
National Security Council-in the assessment of
the threat to United States interests from intel-
ligence activities within the United States of
foreign powers.and from international terrorist
activities within the United States; and
(7) perform with respect to the Bureau the
duties assigned elsewhere in this Act to the head
of each entity of the Intelligence Community..
(b) The Attorney General shall provide by regulation
which officials of the Bureau shall perform the duties of
the Director under this Act during the absence or disability
of the Director or during any temporary vacancy in the
Office of the Director..
COUNTERINTELLIGENCE AND COUNTERTERRORISM
INTELLIGENCE FUNCTIONS
Sec. 504. (a) The Bureau shall, in accordance with
procedures approved by the Attorney General, -
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(1) collect counterintelligence and counter-
terrorism intelligence from publicly available
sources, from any person willing voluntarily to
provide such intelligence, and, ..;hen appropriate,
by clandestine or technical means;
(2) conduct such countesrintelligence and
counterterrorism intelligence activities other
than collection of information as are necessary
to protect against espionage or any other
clandestine intelligence activity, sabotage, any
international. terrorist activity, or any assassi-
nation; and
(3) conduct, in coordination with the
Director.-of-National-Intelligence, liaison for
counterintelligence or counterterrorism intel-
ligence purposes with foreign governments
(b) The Bureau shall produce, analyze, disseminate
counterintelligence and counterterrorism intelligence
studies and reports and shall assist the Attorney General
and the National Security Council in the assessment of the
threat to United States interests from intelligence
activities within the United States of foreign powers and
from international terrorist activities within the United
States.
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(c) All Bureau counterintelligence and counterterrorism
intelligence activities outside the United States shall be
conducted in coordination with the Central Intelligence Agency
and with the approval of a properly designated official of
such agency. All requests for such approval shall be made
or confirmed in writing. Any such activities that are not
related directly to the responsibilities of the Bureau for
the conduct of counterintelligence or counterterrorism intel-
ligence activities within the united States shall. be conducted
only with the approval of the Attorney General or a designee
and shall be limited to
(1) counterintelligence or counterterrorism
intelligence activities in any foreign country
when requested by the government of that country;
(2) assistance to any law eriforcernent, Intel-
ligence, or security agency of a foreign govern-
ment in the collection of counterintelligence or
counterterrorism intelligence when requested by
such agency; or
(3) counterintelligence or counterterrorism.
intelligence activities conducted upon the request
of the Central Intelligence Agency or the Depart-
ment of Defense.
(d) (1) The Bureau shall be responsible for the coordi-
nation of all counterintelligence and counterterrorism intel-
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ligence activities conducted within the United States by any
other entity of the intelligence community.
(2) Such activities shall be conducted only with
the approval of a properly designated official of the Bureau
and only if the request for such approval -
(A) is made or confirmed in writ-
ing by a properly designated senior
official of the requesting entity;
(B) describes the activity to be
conducted; and
(C) sets forth the reasons why the
requesting activity wishes to conduct
such activity within the
(3) The Bureau shall provide the Attorney General
or a designee in a timely manner with copies of all requests
made to the Bureau under this subsection and shall, notify
the Attorney General or a designee in a timely manner of any
action taken by the Bureau with respect thereto.
(4) Any entity of the intelligence community con-
ducting any counterintelligence or counterterrorism intel-
ligence activity within the United States shall keep the
Bureau fully and currently informed regarding that activity.
(5) The requirements of paragraphs (2) through
(4) of this subsection shall not apply to counterintelligence
or counterterrorism intelligence activities of the military
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services directed solely against me ,,:Ders or retired members
of such military services, except for activities conducted
by clandestine or technical means out-side military installa-
tions.
FOREIGN INTELLIGENCE F lNCTIONS
Sec. 505. (a) The Bureau may, in accordance with pro-
cedures approved by the Attorney Genara.l, --
(1) collect foreign intelligence within the
United States from publicly available sources,
from any person willing voluntarily to provide
such intelligence,-and, when necessary, by
clandestine or technical means;
(2) conduct activities within. the United
States in support of the foreigni
intelligence
collection requirements o any other entity of
the intelligence community; and
(3) produce, analyze, and disseminate
foreign intelligence in coordination with the
Director of National Intelligence.
(b) Any Bureau collection of foreign. intelligence upon
the request of another entity of the intelligence community,.
or arty Bureau activity in support of the foreign intelligence
collection requirements of another entity of the intelligence
community, shall be conducted only upon the request, made or
confirmed in writing, of an official of such other entity
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who has been designated by the President to ma :e such
requests. The Bureau may not comply with any such request
unless such request --
(1) describes the information sought or the
support activity requested;
(2) certifies that the information sought
or the support activity requested is relevant to
the authorized functions and duties.of the re-
questing.enti.ty; and
(3) sets forth the reasons why the Bureau
is being requested ,o collect the. information or
conduct the support activity.
The Bureau shall provide the Attorney General or a designee
in a timely manner with copies of all such requests, and
shall conduct such support activity only with the approval
of the Director.
(c) The Bureau shall be responsible, in accordance
with procedures agreed upon by the Attorney General and the
Director,of National Intelligence, for the coordination of
all collection of foreign intelligence by clandestine or
technical means within the United States by any other entity
of the intelligence community.
COOPERATION WITH FOREIGN GOVERNZMENTS
Sec. 506. (a) The Bureau may, in accordance with pro-
cedures approved by the Attorney General, collect counter-
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intelligence and counterterrorism intelligence within the
United States upon the written request of any law enforce-
ment intelligence, or security agency of a foreign govern-
ment, and provide assistance to any officer of such agency
who is collecting intelligence within the United States..
The Bureau may not comply with any such request unless such
request specifies the purposes for which the intelligence or
assistance-is sought and -
(1) the Bureau would be authorized under
this Act to collect the intelligence or provide
the.assistance in the absence of any such request;
(2) the collection of the intelligence or
the provision of assistance pertains to foreign
persons and is approved by the Attorney General
or a designee after a written finding that, as a
matter of comity, such collection or assistance
is in the interests of the United States.
(b) The Bureau shall keep the Attorney General or a
designee fully and currently informed of all intelligence
collection within. the United States by officers or agencies
of foreign governments in which information or assistance is
furnished by the Bureau.
(c) The authority provided in subsection (a) of this
section is subject to the procedures, prohibitions, and re-
strictions contained in titles II and III of thi- Act.
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GENERAL AND SPECIAL ACTIVITIES
Sec. 507. (a) In carrying out its functions under
this title, the Bureau is authorized to
(1) procure or lease such property,
supplies, services, equipment, buildings, and
facilities, and construct or alter such buildings
and facilities, as may be necessary to carry out
its authorized.intelligence functions;
(2) establish, furnish, and maintain secure
cover for Bureau officers, employees, and sources
when necessary-to carry out its authorized intel-
ligence functions, in accordance with procedures
approved by the Attorney General;
(3)--.establish-and operate proprietaries
when necessary to support Bureau intelligence
activities, in accordance with procedures
approved by the Attorney General;
(4) deposit public moneys in banks or other
financial institutions when necessary to carry
out its authorized intelligence functions;
(5) conduct or contract for research,
'development, and procurement of technical systems
and devices relating to its authorized intel-
ligence functions;
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(6) protect from unauthorized disclosure,
in accordance with standards established by the
Director of National Intelligence under section
114, intelligence sources and Methods;
(7) perform such additional. functions as
are otherwise authorized by this Act to be.per
formed by each entity of the intelligence com-
munity.
(b) (1) Any proprietary established and operated by the
Bureau may be operated on a commercial basis to the extent
necessary to provide effective cover.. Any funds generated
by any such proprietary in excess of the amount necessary for
its operational requirements shall be deposited by the
Director into miscellaneous receipts of the Treasury.
(2) Whenever any Bureau proprietary whose net
value exceeds $50,000, is to be liquidated, sold, or other-
wise disposed of, the Bureau shall, as much in advance of
the liquidation, sale, or other disposition of the pro-
prietary as practicable and subject to such security
standards as the Director and the Attorney General shall
agree upon, report the circumstances of the intended
liquidation, sale, or other disposition to the Attorney
General and the Comptroller General of the United.States.
Any proceeds from any liquidation, sale, or other dis-
position of any Bureau proprietary, in whatever amount,
after all obligations of the proprietary have been met, shall
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be deposited by the Director into miscellaneous receipts of
the Treasury.
(c) The authority contained in clauses (1), (2), (3),
and.(4) of subsection (a) shall, except as otherwise pro-
vided in this Act,, be available to the Bureau notwithstanding
any other provision of law and shall not be modified, limited,
suspended, or superseded by any provision of law enacted
after the effective date of this title unless such provision
expressly cites the specific provision of subsection (a)
intended to be so modified, limited, suspended, or superseded..
(d) The Bureau is authorized, in accordance with pro-
cedures approved by the Attorney General, to procure or
lease property, goods, or services for its own use in such a
manner that the role of the Bureau is not apparent or publicly
acknowledged when public knowledge could inhibit or interfere
with-the secure conduct of an authorized intelligence function
of the Bureau.
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TITLE VI-- NATIONAL SECURITY AGENCY
PART A -- PURPOSES
STATE-1ENT OF PURPOSES
Sec. 601. It is the purpose of this title --
(1) to authorize, and provide guidance for, those sig-
nals intelligence and communications security activities
necessary for the conduct of the foreign. relations and the
protection of the national security of the United States;
(2) to ensure that signals intelligence and communica-
tions security activities are properly and effectively direc-
ted, regulated, coordinated and administered, and are organ-
ized and conducted so as to meet, in the most of cient manner,
the signals intelligence and communications security needs
of the United States;
(3) to establish by law the National Security Agency,
to provide for the appointment of a director of that Agency,
to delineate the responsibilities of such-director, and to
confer upon such director the authorities necessary to ful-
fill those responsibilities;
(4) to ensure that the National Security Agency is
accountable to the President, the Congress, and the people
of the United States and that the signals intelligence activ-
ities and communications security activities of the United
States are conducted in a manner consistent with the
Constitution and laws of the United States.
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PART B
ESTABLISHMENT OF AGENCY; DIRECTOR; DEPUTY DIRECTOR;
GENERAL COUNSEL; INSPECTOR GE=NERAL; DUTIES
ESTABLISHMENT OF NATIONAL SECURITY =AGE dCY; FUNCTION
Sec. 611. (a) There is established within the Depart-
ment of Defense an agency to be known as the National Security
Agency (hereinafter in this title referred to as the "Agency").
(b) It shall be the function of the Agency to conduct
signals intelligence activities and communications security
activities for the United States Government and to serve as
the principal agency of the United States signals intelligence
system.
(c) The functions of the Agency shall be carried out
under the direct supervision and control of the Secretary of
Defense and shall be accomplished under the provisions of
this Act and in conformity with the Constitution and laws of
the United States. In exercising supervision and control
over the Agency, the Secretary of Defense shall comply with
intelligence and communications security policies, needs,
and priorities established by the National Security Council
and with intelligence objectives and requirements established
by the Director of National Intelligence.
I DIRECTOR AND DEPUTY DIRECTOR
Sec. 612. (a) There shall be a Director of the National
Security Agency (hereinafter in this title referred to as
.the "Director"). There shall also be a Deputy Director of
the National Security Agency (hereinafter in this title referred
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to as the "Deputy Director') to assist the irec or in carry-
inch out the Director's functions under this Act.
(b) The Director and the Deputy Director shall be
appointed by the President, by and with the advice and consent
of the Senate. The Director and Deputy Director shall each
serve at the pleasure of the President. Either the Director
or Deputy Director shall be a person with cryptologic
experience. No person may serve as Director or Deputy Director
for a period of more than six years unless such person is
reappointed to that same office by the President, by and
with the advice and consent of the Senate. No person who
has served as Director or Deputy Director for a period of
less than six years and is subsequently appointed or
reappointed to that same office may serve in that office
under such appointment or reappointment for a terra of more
than six years. In no event may any person serve in. either
or both offices for more than a total of 12 years.
(c) At no time shall the two offices of Director and
Deputy Director be occupied simultaneously by commissioned
officers of the armed forces whether in an active or retired
status.
(d)(l) If a commissioned officer of the armed forces
is appointed as Director or Deputy Director, then ---
(A) in the performance of the duties of Director
or Deputy Director, as the case may be, the officer shall be
subject to no supervision, control, restriction, or prohibition
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 of the ordl~,Vea 4I rC 1 DP$5-q?988~ Q ROOdpO 7e United
States or any component thereof.; and
(B) that officer shall not possess or exercise
any supervision, control, powers, or -unct.ions (other than
such as that officer possesses, or is authorized or directed
to exercise, as Director, or Deputy Director) with respect -
to the Department of Defense, the military departments, or
the armed forces of the United States or any component thereof,
or with respect to any-of the personnel (military or civilian)
of any of the foregoing.
(2) Except as provided in this section, the appointment
to the office of Director or Deputy Director of a commissioned
officer of the armed forces, and acceptance or and service
in such an office by that officer, shall in no way affect
any status, office, rank, or grade that officer may occupy
or hold in the armed forces, or any emolument, prerequisite,
right, privilege, or benefit incident to or arising out of
any such status, office, rank, or grade. A commissioned
officer shall, while serving in the office of Director or
Deputy Director, continue to hold rank and grade not lower
than that in which that officer was serving at the time of
that officer's appointment as Director or Deputy Director.
1 (3) The rank or grade of any such commissioned officer
shall, during any period such officer occupies the office of
Director or Deputy Director, be in addition to the numbers
and percentages authorized for the military department of
which such officer is a member.
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 (ejppr~Yi d FD?ir e~ F 22~4~06~ $u I~- f85fflc ~$R Qp 002- civilian
or military, shall be compensated while serving as Director
or Deputy Director only from funds appropriated to the Depart-
ment of Defense.
(f) If a commissioned officer of the armed forces is
serving as Director or Deputy Director, that officer shall
be entitled, while so serving, to the difference, if any,
between the regular military. compensation (as defined in
section 101(25) of title 37, United States Code) to-which
that officer is entitled and the compensation provided for
that office. under subchapter II of chapter 53 of title 5,
United States Code. .
(g) The Deputy Director shall act in the place of the
Director during the absence or disability of the Director or
during any temporary vacancy in the office of the Director.
The Director shall provide by regulation which officials of
the Agency shall, whenever there is no Deputy Director, act
in the place of the Director during the absence or disability
of the Director or during any temporary vacancy in the office
of the Director.
(h) In computing the twelve-year limitation prescribed
in subsection (b) of this section, any service by a person
as Director or Deputy Director of the National Security Agency
as such agency existed on the day before the effective date
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DUTIES OF THE DIRECTOR
Sec. 613. (a) It shall be the duty of the Director
(1) serve as the principal signals intelligence officer
of the Government and the executive head of the National
Security Agency;
(2) ensure that the signals intelligence activities of
the United States Government are conducted in accordance
with the provisions of this Act and with the Constitution
and laws of the United States;
(3) direct and manage all cryptologic activities,
resources, personnel, and programs of the Agency;
(4) organize, maintain, direct and manage the United
.States signals intelligence system;
(5) in accordance with intelligence policies, needs,
and priorities established by the National Security Council
and with intelligence requirements and objectives promulgated
by the Director of National Intelligence, supervise, and
formulate and promulgate operational plans, policies, and
procedures for the conduct and control of, all signals intelli-
gence collection, processing, reporting, and dissemination
activities of the United States Government;
(6) ensure that signals intelligence is disseminated
promptly and under appropriate security safeguards only to
departments and agencies that require such intelligence for
their lawful functions and have been authorized by the
Presic~nt to receive such intelligence;
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(7) serve, under the Secretary of Defense, as the
principal communications security officer of the United States
Government and ensure that the communications security activities
of the United States Government are conducted in accordance
with the provisions of this Act and with the Constitution
and laws of the United States;
(8) fulfill the communications security requirements
of all departments and agencies based upon. policy guidance
from the National Security Council operating pursuant. to
section 121 of this-Act;
(9) consolidate, as necessary, the signals intelligence
and the communications security functions of the United States
Government for the purpose of achieving overall efficiency,
economy, and effectiveness;
(10) conduct such research and development in support
of signals intelligence and communications security activities
as may be necessary to meet the needs of departments and
agencies authorized to receive signals intelligence or which
require communications security assistance, or delegate
responsibility for such research and development to other
departments or agencies, and review research and development
conducted by any department or agency in. support of signals
intelligence and communications security activities;
(11) determine the manpower resources and administrative
support needed by the Agency to conduct effectively its
signals intelligence activities and, in accordance with such
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terms and conditions as shall be mutually agreed upon by the
Director of National Intelligence and the Secretary of Defense,
enter into agreements with other departments and agencies
for the provision of such manpower resources and administrative
support;
(12) determine the manpower resources and administrative
support needed by the Agency to conduct effectively its
communications security activities, and, based upon guidance
from the Secretary of Defense, enter into agreements with
other departments and agencies for the provision of such
manpower resources and administrative support;
(13) review all proposed budgets, programs, and resource
allocations for the signals intelligence activities of the
United States, prepare a proposed consolidated United States
signals intelligence program and budget for each fiscal year
based upon program and budget guidance from the Secretary of
Defense, and with respect to national intelligence activities
on programs and budget guidance from the Director of National
Intelligence, and submit each such proposed budget to the
Director of National Intelligence and the Secretary of Defense;
(14) review all proposed programs, budgets, and resource
allocations for the communications security activities of
the United States Government, prepare a proposed consolidated
Department of Defense communications security program and
budget for each fiscal year, and submit each such proposed
program and budget to the Secretary of Defense;
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(15) establish appropriate contro s nor unc s made
available to the Agency to carry out its authorized activities;
(16) ensure that cryptologic information is classified
in accordance with applicable law and Executive orders;.
(17) conduct liaison on cryptologic matters with foreign
governments and, when such matters involve national intelligence,
conduct such liaison in coordination with the Director of
National Intelligence;
(18) provide for such communications support and facilities
as may be necessary to (A) conduct signals intelligence-activities
in a timely and secure manner, and (B) ensure the expeditious
handling of critical information for the United States Govern-
ment;
(19) prescribe all cryptographic systems and techniques,
other than secret writing systems, to be used in any manner
by or on behalf of the United States Government and provide
for the centralized production and control of cryptographic
systems and materials to be used by the United States Govern
ment;
(20) evaluate, based, as appropriate, upon guidance
from the Attorney General, the vulnerability of United States
communications to interception and exploitation by unintended
recipients and, under the supervision of the Secretary of
Defense and in accordance with policy guidance from the
National Security Council operating pursuant to section 121
of this Act, institute appropriate measures to ensure the
confidentiality of such communications;
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 (21 )AppMvA fpr FjqL~f 00 3jOR 010~.~`i iely
fashion, all signals intelligence collected by any entity of
the United States Government;
(22) develop plans to ensure the responsiveness of the
United States signals intelligence system to the needs of
the Department of Defense, including the delegation of such
tasking authority as may be appropriate;
(23) provide the Director of National Intelligence with
such information on the activities of the Agency as the
Director of National Intelligence requires to fulfill his
statutory responsibilities;
(24) provide technical assistance to any other entity.
of the intelligence community engaged in lawful intelligence
activities;
(25) issue such rules, regulations, directives, and
procedures as may be necessary to implement this title; and
(26) perform with respect to the Agency the duties
assigned elsewhere in this Act to the head of each entity of
the Intelligence Community.
(b) It shall also be the duty of the Director to pre-
scribe and enforce for the United States signals intelligence
system and for the communications security activities of the
UnitId States Government security rules, regulations, procedures,
standards, and requirements with respect to personnel security
clearances, authorizations for access to facilities and infor-
mation, physical security of facilities, equipment., and infor-
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mation, and the transmission, processing, and reporting of
information, in order to protect signals intelligence and
communications security information from unauthorized dis-
closure. All such rules, regulations, procedures, standards,
and requirements shall be in accord with applicable law and
policy guidance from the Director of National Intelligence
with respect to signals intelligence activities and the Secre-
tary of Defense with respect to communications security
activities.
(c) To assist the Director in the fulfillment of his
responsibilities under this section, the heads of all departments
and agencies shall furnish the Director, upon request and in
accordance with applicable law, such data as the Director,
may require and the Director shall take appropriate steps to
maintain the confidentiality of any information which is so
provided.
GENERAL COUNSEL; INSPECTOR GENERAL
Sec. 614. (a) There shall be a General. Counsel of the
National Security Agency appointed by the President, by and
with the advice and consent of the Senate. The General Counsel
shall serve as the principal legal adviser to the Director
and shall have the responsibility and the authority to---
(1) review all activities of the Agency and advise the
Director on whether such activities are in conformity with
the laws of the United States, executive orders, presidential
directives and memoranda, and rules, regulations, and policies
applicable to the Agency;
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(2) review all proposed rules and regulations of the
Agency, including but not limited to any rule or regulation
proposed to implement the provisions of this Act, to'ensure
that any such rule or regulation is in conformity with the
laws of the United States, executive orders, and presidential
directives and memoranda;
(3) perform the same duties with respect to th Agency
as the general counsel of each entity of the Intelligence
Community is required to perform in the case of such entity
by section 151 of this Act; and
(4) perform such additional duties as the Director may
prescribe.
(b) There shall be an Inspector Genera]. of the National
Security Agency appointed by the Director. The Inspector
General shall have the responsibility and. the authority to --
(1) perform the same duties with respect to the Agency
as the inspector general of each entity of the Intelligence
Community is required to perform in the case of such entity
by section 151 of this Act; and
(2) perform such other duties as the Director may
prescribe, including the conduct of investigations to determine
in what respects the Agency may more effectively and efficiently
perform its lawful functions.
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GENERAL AND SPECIAL AUTHORITIES
OF THE AGENCY; AUTHORIZATION FOR APPROPRIATIONS
GENERAL AUTHORITIES OF THE AGENCY
Sec. 621. (a) In carrying out its functions under
this Act, the Agency is authorized to --
(1) transfer to and receive from other departments and
agencies funds for the sole purpose of carrying out functions
authorized by this title;
(2) exchange funds without regard to the provisions of
section 3651 of the Revised Statutes (31 U.S.C.. 543);
(3) reimburse other departments and. agencies of the
Government for personnel assigned or loaned to the Agency
and services furnished to the Agency.
(4) rent any premises within or outside the United
States necessary to carry out any function of the Agency
authorized under this title, and make such alterations, improve-
ments, and repairs to the premises of, or rented by, the
Agency as may be necessary without regard to any limitation
prescribed by law if the Director makes a written finding
that waiver of such limitation otherwise applicable to the
renting, alteration, improvement, or repair, as the case may
be,Iis necessary to the successful performance of the-Agency's
functions or the security of its activities..
(5) lease buildings to the Government without regard
to the limitations prescribed in section 322 of the Act en-
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titled "An Act making appropriations for the Legislative
Branch of the Government for the fiscal year ending 30 June
1933, and for other purposes," approved 30 June 1932 (40
U.S.C. 278a) or the provisions of section 2675 of title 10,
United States Code;
(6) acquire, construct, or alter building and facilities
(including family and bachelor housing in foreign countries
only) without regard to the Public Building Act of 1959 (40
U.S.C. 601615) or section 2682 of title 10, United States
Code;
(7) repair, operate, and maintain buildings, utilities,
facilities, and appurtenances;
(8) conduct health-service programs as authorized by
section 7901 of title 5, United States Code;
(9) in accordance with regulations approved by the
Director, transport officers and employees of the Agency in
Government-owned automotive equipment between their doraiciles
and places of employment where such personnel are engaged in
work that makes such transportation necessary, and transport
in such equipment, to and from school, children of Agency
personnel who have quarters for themselves and their families
at isolated stations outside the continental United States
i
where adequate public or private transportation is not
available;
(10) settle and pay claims of civilian and militry
personnel, as prescribed in Agency regulations consistent
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with the terms and conditions by which claims are settled
and paid under the Military Personnel and Civilian Employees'
Claims Act of 1964 (31 U.S.C. 240-243);
(11) pay, in accordance with regulations approved by
the Director, expenses of travel in connection with, and
expenses incident to attendance at meetings of professional,
technical, scientific, and other similar organizations when
such attendance would be a benefit to the conduct of the
work of the Agency;
(12) establish, furnish, and maintain, in coordination
with the Director of National Intelligence, secure cover for
Agency officers, employees, agents-and activities;
(13) direct the transfer, on a non-reimbursable basis
and after coordination with the head of the department or
agency involved, and in cases involving transfers for national
intelligence purposes with the Director of !National Intelli-
gence, of such cryptologic and cryptologic-related equipment
and supplies among entities of the Intelligence Community
and between entities of the Intelligence Community and depart-
ments and agencies as may be necessary for performance of
the functions authorized by this title, and pay expenses fo
arrangements with foreign countries for cryptologic support;
(14) perform inspection, audit, public affairs, legal,
and legislative services;
(15) protect, in accordance with standards established
by the Director of National Intelligence under section 114
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of this Act and with any other applicable statute or executive
order, materials and information related to intelligence
sources and methods;
(16) perform such additional functions as are otherwise
authorized by this Act to be performed by each entity of the
Intelligence Community; and
(17) exercise such other authorities available to the
Secretary of Defense as may be delegated by the Secretary of
Defense to the Agency.
(b) The authority contained in clause (12) of subsection
(a) shall, except as otherwise provided in this Act, be available
to the Agency notwithstanding any other provision of law and
shall not be modified, limited, suspended, or superseded by
any provision of law enacted after the effective date of
this title unless such provision expressly cites clause (12)
of subsection (a) and specifically indicates how such authority
is to be so modified, limited, suspended, or superseded.
(c) Notwithstanding the provisions of section 3678 of
the Revised Statutes (31 U.S.C. 623) any department or agency
may transfer to'or receive from the Agency any sum of money
approved by the Director of National Intelligence and the
Director of the Office of Management and Budget for use in
support of foreign cryptologic liaison functions authorized
by this title.
(d) The Agency may use as its seal of office the insignia
used by the Agency prior to the effective date of this title
and judicial notice shall be taken of such seal.
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(e) The Director may appoint and assign security officers
to police the installations and grounds of the Agency, where
such security officers shall have the same powers as sheriffs
and constables for the protection of persons and property,
to prevent breaches of the peace, to suppress affrays or
unlawful assemblies, and to enforce any rule or regulation
the Director may promulgate for the protection of such in-
stallations and grounds. The jurisdiction and police powers
of such security officers shall not, however, extend to the
service of civil process.
(f) The Director may authorize employees of the Agency
to carry firearms within the United States for courier pro-
tection purposes, for the protection, of the Director and
Deputy Director, and in exigent circumstances, such officials
of the Agency as the Director may designate, and for the
protection of any foreign person visiting the United States
under Agency auspices.
(g)(1) The Agency may appoint, promote, and separate
such personnel or contract for such personnel services as it
deems advisable, without regard to the provisions of title
5, United States Code, governing appointments to, promotions
in, and separations from the competitive services, and without
i
regard to the limitations on types of persons to be employed,
and fix the compensation of such personnel without regard to
the provisions of chapter 51 and subchapter III of chapter
53 of that title, relating to classification and General
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Schedule pay rates, but at rates not in excess of the rate
authorized for GS-18 by section 5332 of that title;
(2) Executive schedule positions within the Agency
other than the Director, Deputy Director, General Counsel,
and Inspector General, and positions in the grades of
GS-16, GS-17, and GS-18, other than those transferred to the
Agency under this Act shall be as authorized by law.
(3) Any Agency officer or employee who has been separated
under paragraph (1) may seek or accept employment in the
Government if declared eligible for such employment by the
United States Civil Service Commission; and that commission
may place such officer or employee in a position in the com-
petitive civil service in the same manner as an employee who
is transferred between two positions in the competitive ser-
vice, but only if such Agency officer or employee has served
with the Agency for at least one year continuously immediately
preceding such separation.
PROCUREMENT AUTHORITY
Sec. 622. (a) The Agency is authorized to procure
such property, supplies, services, equipment, and facilities
as may be necessary to carry out its functions under this
title.
(b) The provisions of chapter 137, relating to the
procurement of property and services, and. chapter 139, relating
to the procurement of research and development services, of
title 10, United States Code, shall apply to the procurement
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of property, services, and research and development services
by the Agency in the same manner and to the same extent such
chapters apply to the procurement of property, services, and
research and development services by the agencies named in
section 2303(a) of such title, except that the Director is
authorized, with the approval of the Secretary of Defense
and, in the case of any national intelligence activity, the
Director of National Intelligence, to waive the application
of any or all of the provisions of chapters 137 and 139 of
such title when the Director deems such action necessary to
the successful performance of any function of the Agency or
to protect the security of-activities of the Agency.
(c) The Agency is authorized, notwithstanding any other
provision of law, to procure property, goods, or services in
the name of the Department of Defense when public knowledge
of the Agency's sponsorship of such procurement would inhibit
or interfere with the secure conduct of an authorized Agency
function. Any participation. of the Department of Defense in
Agency procurement may also be concealed, in accordance with
section of this Act but notwithstanding any other
provision of law, when the Director finds such conclealment
necessary to protect the secure conduct of an authorized
Agency function.
PRINTING AND BINDING
Sec. 623. The Director is authorized to operate a full
scale printing plant, as defined by the Joint Committee on
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Printing of the Congress of the United States, for the
production of cryptologic and cryptologic. related materials,
subject to the rules of the Joint Committee on Printing of
the Congress.
EDUCATION AND TRAINING.
Sec. 624. The Director is authorized to establish and
insure compliance with standards for training necessary to
accomplish the cryptologic missions of the Government and to
arrange for, fund, or provide training as may be necessary
to accomplish the lawful functions of the Agency. The provisions
of-chapter 41 of title 5, United States Code, shall be applicable
in the conduct of such training, except that the Director is
authorized to waive the application of any or all such provisions
if the Director deems such action necessary because of the
unique mission and function of the Agency.
AUTHORIZATIONS FOR APPROPRIATIONS AND EXPENDITURES
Sec. 625. (a) Notwithstanding any other provision of.
law, funds made available to the Agency by appropriation or
otherwise may be expended for purposes necessary to carry
out the lawful functions of the Agency. No appropriated
funds may be expended for activities-which have not been
authorized by legislation enacted during the same or one of-
theltwo immediately preceding fiscal years, except that this
limitation shall not apply to funds appropriated by any
continuing resoltuion-or to funds expended under the authority
of sections 701-708 of title 31, United States Code.
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 (b~p~r:pyed F;PireRVga 2D/96I:
eLkf~PP 5- i 88R ?,c0 0 i -1vail.able
to the Agency for the purpose of meeting confidential, emergency,
or extraordinary expenses of the Agency, but any funds made
available to the Agency by the Secretry of Defense for such
a purpose may be made available only from funds appropriated
to the Secretary of Defense for the specific purpose of meeting
confidential, emergency, or extraordinary expenses.
(2) Any funds made available to the Agency by the
Secretary of Defense for meeting confidential, emergency,
and extraordinary expenses may be used only to meet the ex-
penses specified by the Secretary of Defense. The expenditure
of such funds shall be accounted for solely on the certificate
of the Director and every such certificate shall be deemed a
sufficient voucher for the amount certified therein, but
such expenditures may be made only for activities authorized
by this title or other law.
PART D
TRAVEL AND OTHER EXPENSES;
SPECIAL FACILITIES; RETIREMENT SYSTEM
TRAVEL, RELATED EXPENSES, AND DEATH GRATUITIES
FOR CERTAIN AGENCY PERSONNEL
Sec. 631. (a) As used in this section "employee" does
not include, unless otherwise specifically indicated, any
person working for the Agency under a contract or any person
who when initially employed is a resident in or a citizen of
a foreign country in which the station at which such person
is to be assigned to duty is located.
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 (b pp n~dfo~~Flpa e JTP/ nCI -RDP05-0AW PgpO00 nsul-
tation with the Director or National Intelligence, may approve,
the Agency may, with respect to employees assigned to duty
stations outside the United States, provide allowances and
other benefits in the same manner and under the same circum-
stances such allowances and other benefits are provided
employees of the Foreign Service under title IX of the
Foreign Service Act of 1946 (22 U.S.C. 1131-1158), and death
gratuities in the same manner and under the same circumstances
such gratuities are provided employees of the Foreign Service
under section 14 of the Act entitled "An Act to provide certain
basic authority for the Department of State", approved
August 1, 1956 (22 U.S.C. 2679a).
(c) (1) Whenever any provision of law relating to
travel and related expenses or death gratuities of employees
of the Foreign Service is enacted after the date of enactment
of this Act, is not enacted as an amendment to one of the
provisions referred to in subsection (b)(2) of this section,
and the President determines that it would be appropriate
for the purpose of maintaining conformity between provisions
of law relating to travel and related expenses and death
gratuities of the foreign Service and provisions of law re-
lating to travel and related expenses and death gratuities
of employees of the Agency, the President may, by executive
order, extend in whole or in part to employees of` the Agency
the allowances and benefits applicable to employees of the
Foreign Service by such provision of law.
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(2) An executive order issued pursuant to this subsection
shall have the force and effect of law and may be given retro-
active effect to a date not earlier than the effective date
of the corresponding provisions of law relating to Foreign
Service personnel. Any such order shall modify, supersede,
or render
inapplicable, as the case may be, to the extent inconsistent
therewith
(A) all provisions of law relating to travel,
related expenses, and death gratuities of employees of the
Agency enacted prior to the effective date of the provisions
of such executive order, and
(B) any provision of any prior executive order
issued under authority of this section.
(3) An executive order issued under the authority
of this subsection may not become effective until the expiration
of at least 60 days after the President submits the proposed
order to those committees of the Senate and House of Repre-
sentatives having jurisdiction over the subject matter of
the order.
(d) Notwithstanding the provisions of subsections
(b) and (c), and under such regulations as the Director, in
consultation with the Director of National. Intelligence,
shall approve, the Agency may pay expenses, benefits, and
allowances equivalent to those specifically authorized in
subsections (b) and (c) in any case in which the Director
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determines that, for reasons of operational necessity or
security, the means or method of paling expenses, benefits,
and allowances authorized in such subsections should not be
utilized.
COMMISSARY AND MESS SERVICES
AND RECREATION FACILITIES
Sec. 632. (a) The Director is authorized to establish
and maintain emergency commissary and. mess services in such
places outside the United States and in Alaska where, in the
Director's judgment, such services are necessary to ensure
the effective and efficient performance of the duties and
responsibilities of the Agency, but only if such services
are not otherwise available from other departments and agencies
of the Government. An amount equal to the amount expended
for any such services shall be returned to the Treasury as
miscellaneous receipts.
(b) The Director is authorized to assist in the estab-
lishment, maintenance, and operation, by officers and employees
of the Agency, of nonGovernment operated commissary and mess
services and recreation facilities at certain posts abroad,
including the furnishing of space, utilities, and properties
owned or leased by the United States for use by the Agency.
Comrrfissary and mess services and recreation facilities estab-
lished pursuant to this subsection shall be made available,
insofar as practicable, to officers and employees of other
Government agencies, employees of Government contractors,
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 and thrs~utiFl~rIQ?2@(b06:tC~~~P$dR080@Ot~7d states
or in Alaska. Such services and facilities shall not be
established in localities where another department or agency
operates similar services or facilities unless the Director
determines that such additional services or facilities are
necessary.
(c) Notwithstanding any other provision of law, charges
at any post outside the United States or in Alaska by a
commissary or mess service or recreation facility authorized
or assisted under this section shall be at the same rate for
all civilian and military personnel of the Government serviced
thereby, and all charges for supplies furnished to such a
facility by any department or agency shall be at the same
rate as that charged by the furnishing department or agency
to its civilian or military commissary or mess services or
recreation facilities.
RETIRE 4E~1T SYS T E 1
Sec. 633. Employees of the Agency shall participate in
the regular Federal Civil Service Retirement System provided
for under subchapter III of chapter 83 of title 5, United
States Code, except that title 5 of the United States Code
is amended as follows to provide for the participation of
certain Agency employees in such system under special condi-
tions.
(a) Section 8334 of title 5, United States Code, is
amended by adding at the end thereof the following:
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"(i) The National Security Agency will annually
reimburse the fund for additional expenditures incurred as a
result of retirement of employees under section 8336(i) of
this title."
(b) Section 8336 of title 5, United States Code, is
amended by adding the following new subsection (h) and re-
numbering present subsection (h) as subsection (i):
"(h) An employee of the National Security Agency
who has completed 15 years of service outside the United
States, or in training therefor, in duties determined by the
Director, National Security Agency to be either hazardous to
lif )r health or so specialized because of security require-
ments as to be clearly distinguishable from normal government
employment is entitled to an annuity after becoming 50 years
of age and completing 20 years of service."
(c) Section 8339(d) of title 5, United States Code, is
amended to read as follows:
"(d) The annuity of an employee retiring under
section 8335(g) or 8336(h) of this title is --
"(A) 2-1/2 percent of his average pay multi-
plied by so much of his total service as does not exceed 20
years; plus,
"(B) 2 percent of his average pay multiplied
by so much of his total service as exceeds 20 years."
(d) Section 8347(d) of title 5, United States Code, is
amended to read as follows:
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"(d) An adrlinistrative action or order affecting
the rights or interests of an individual or of the United
States under this subchapter may be appealed to the Commission
under procedures prescribed by the Commission, except that
any action affecting an employee who retires under section
8336(i) of this title may be appealed only to the Secretary
of Defense, whose decision is final and conclusive and is
not subject to review."
SPECIAL DELEGATION OF AUTHORITY;
PRESERVATION OF CERTAIN AUTHORITY AND RESPONSIBILITY
SPECIAL DELEGATION AUTHORITY;
MISCELLANEOUS PRESERVATION OF AUTHORITY AND RESPONSIBILITY
Sec_. 641. (a) In exercising control over all signals
intelligence activities of the United States, the Director
shall make special provision for the delegation of operational
control of specified signals intelligence activities required
to provide signals intelligence direct support to military
commanders or the heads of other departments and agencies of
the Government. Such special provision shall be made for
such period and for such activities as the Director determines
to be appropriate.
(b) Nothing in this title shall contravene the responsi--
bilities of any department or agency for the final evaluation
of signals intelligence, the synthesis of such intelligence
with intelligence from other sources, or the dissemination
of finished intelligence to users in accordance with prescribed.
security procedures.
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 (c~pp (~e 9jigRglf-lasp,-12pg4/@q/ P hoc ~o2 71tho ized
functions of any department or agency to organize and conduct
individual communications security activities other than the
development of cryptographic syste,.as, devices, ecuipment,
and procedures. Each department and agency concerned shall
be responsible for implementing all measures required to
assure communications security in accordance with security
rules, regulations, procedures, standards, and requirements
prescribed by the Director under the authority of section
613(b) of this Act.
(d) Nothing in this title shall contravene the authority
of the Central Intelligence Agency to conduct as approved by
the Director of National Intelligence after review by the
Director, clandestine signals intelligence operations in
support of clandestine activities; to conduct, in coordination
with the Director, clandestine operations designed to achieve
signals intelligence objectives; and. to prescribe unique
communications security methods and procedures, after review
by the Director, in support of clandestine activities.
(e) All elements of the United States signals intel-
ligence system shall conduct signals intelligence activities
in response to operational tasks assigned by the Director
and'in accordance with directives issued by the Director.
Except as authorized in subsection (a), no organization outside
the United States signals intelligence system may engage in
signals intelligence activities unless specifically authorized
to do so by the National Security Council.
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 ( f ~pprpov t ling in Is I For Releajeh2004/t06/t219 CsAhR~P85-O0988ROQ030O0d10002- ~ tending
or superseding the provisions of the Act entitled Act to
provide certain administrative authorities for the National
Security Agency, and for other purposes", approved May 29,
1959 (73 Stat. 63; 50 U.S.C. 402 note)..
(g) The provisions of sections 2 and 3 of the Act entitled
"An Act to fix the responsibilities of disbursing and certifying
officers, and for other purposes", approved December 29,
1941 (55 Stat. 875; 31 U.S.G. 82), shall apply to certifications
for payments and to payments made by or on behalf of th e
National Security Agency by certifying officers and employees
and by disbursing officers and employees under-the jurisdiction
of any military departments, notwithstanding the provisions
of section 4 of such Act (31 U.S.C. 82e).
(h) Clause (1) of section 552a(j) of title 5, United
States Code, is amended by inserting "or the National Security
Agency" after "Central lutelligence Agency".
PART F
TRANSFER OF PERSONNEL, PROPERTY, AND FUNCTIONS
Sec. 651. (a) All positions established in and personnel
employed by the National Security Agency, as in effect on
the'day before the effective date of this title, and all
obligations, contracts, properties, and records employed,
held, or used primarily in connection with any function to
be performed by the Agency under this title, are transferred
to the Director.
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(b) All orders, determinations, rules, regulations,
permits, contracts, certificates, licenses, and privileges
which have become effective in the exercise of functions
transferred under this title and which are in effect on the
day before the effective date of this title, shall continue
in effect until modified, terminated, superseded., set aside,
or repealed by the Director, or other appropriate Agency
officials, by any court of competent Jurisdiction, or by
operation of law.
(c) The provisions of this title shall not affect any
proceedings pending before the National Security Agency as
in effect prior to the effective date of this title.
(d) No suit, action, or other proceeding begun by or
against any officer in that officer's official capacity in
the National Security Agency, as in effect prior to the effec-
tive date of this title, shall abate by reason of enactment
of this title.
(e) With respect to any function transferred by this
title and exercised after the effective date of this title,
reference in any other Federal law to any department, agency,
office, or part thereof shall be deemed to refer to the depart-
ment, agency, or office in which such function is vested
pursuant to this title.
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TITLE VII--MISCELLANEOUS AMENDMENTS AND
EFFECTIVE DATE
AMENDMENT TO THE NATIONAL SECURITY ACT OF 1947
Sec. 701. The third paragraph of section 101(a) of the
National Security Act of 1947 (50 U.S.C. 402(a)) is amended
by deleting the period at the end thereof, substituting a.
semicolon, and adding the following:
"and to provide guidance and direction to the conduct
of all national intelligence, counterintelligence, and coun-
terterrorism activities of the United States
AMENDMENTS TO TITLE 5, UNITED STATES CODE
Sec-. 702. (a) Section 5313 of such title is amended
by striking out
"(15) Director of Central Intelligence." and in-
serting in lieu thereof
"(15) Director of National Intelligence."
(b) Section 5314 of such title is amended by striking
"(35) Deputy Director of Central Intelligence."
and inserting in lieu thereof
"(35) Deputy Director of National Intelligence."
r
(c) Section 5315 of such title is amended by adding at,
the end thereof the following:
"(122) Assistant Directors of National Intel--
ligence."
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EFFECTIVE DATE
Sec. 703. This Act shall become effective on the first
day of the sixth calendar month following the month in which
it is enacted.
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