legislation: 103-s-2056
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 103-s-2056 | 103 | s | 2056 | Counterintelligence and Security Enhancements Act of 1994 | Armed Forces and National Security | 1994-05-02 | 1994-08-12 | See also H.R. 4299. | Senate | Sen. DeConcini, Dennis [D-AZ] | AZ | D | D000185 | 10 | Counterintelligence and Security Enhancements Act of 1994 - Amends the National Security Act of 1947 to add a new title VIII concerning access to classified defense information. Directs the President to establish procedures governing access to such information which shall be binding on all executive departments, agencies, and offices. Prohibits providing any executive employee access to such information unless, based upon an appropriate background investigation, such access is determined to be consistent with national security interests. Requires such procedures to: (1) establish uniform minimum requirements for the scope and frequency of background investigations for all employees who require access to such information in the performance of their duties; (2) require employee consent to agency access to relevant financial, consumer, and travel information; and (3) establish standards for advising employees of the reasons for denial of access to classified information. Allows any authorized investigative agency to request from any financial institution or credit reporting agency such financial information as necessary to conduct law enforcement investigations, counterintelligence inquiries, or security determinations. Allows such investigative agencies to request travel records with respect to travel outside the United States. Outlines request conditions and limitations. Provides for the confidentiality of information received. States that the provisions of title VIII shall not apply to the President, Vice President, Members of Congress, Supreme Court Justices, and Federal judges appointed by the President. (Sec. 3) Establishes within the executive branch a National Counterintelligence Policy Board to: (1) develop policies and procedures for the approval of the President to govern the conduct of counterintelligence activities; and (2) resolve conflicts which may arise between governmental elements which carry out such activities. Requires the coordination of such counterintelligence matters with the Federal Bureau of Investigation, with required annual reports. (Sec. 7) Provides for: (1) the forfeiture of property for violation of certain espionage laws; and (2) the denial of Federal annuities or retired pay to persons convicted in foreign courts of espionage involving U.S. information. (Sec. 9) Amends the Foreign Intelligence Surveillance Act of 1978 to add a new title III concerning physical searches within the United States for foreign intelligence purposes. Grants the Foreign Intelligence Surveillance Court jurisdiction to hear applications for orders approving a physical search in order to obtain foreign intelligence information anywhere within the United States. Provides an exception and allows for the review of denied applications under other provisions of the Act. Requires applications to be approved by the Attorney and to include: (1) the identity of the target of the search and the information sought to be seized; and (2) a certification that the information sought is foreign intelligence information which cannot be obtained by normal investigative techniques. Outlines information required to be included within a court order approving such a search. Limits the period for conducting an approved search, with extensions under certain circumstances. Allows the Attorney General, in emergency circumstances, to authorize the execution of an emergency physical search, as long as an application for such search is submitted to a judge having jurisdiction within 24 hours after such search. Prohibits information obtained from such a search from being used against the person involved if the proceeding application is denied. Allows information appropriately acquired to be used and disclosed by Federal officers and employees for lawful purposes without the consent of the U.S. person only in accordance with certain minimization procedures provided under the Act (procedures designed to minimize unlawful or unnecessary harm to the person involved). Directs the United States, or a State or political subdivision thereof, to disclose to the person and the appropriate court that it intends to use information so obtained. Allows the aggrieved party to move to suppress such evidence, with a hearing on such motion by the appropriate U.S. district court. Provides: (1) congressional oversight concerning such searches; (2) penalties for misuse of search powers (with defenses); (3) civil actions by aggrieved persons for unlawful searches (allowing for actual and punitive damages and attorney's fees); and (4) authority for the President to conduct physical searches without a court order for up to 15 days following a declaration of war by the Congress. (Sec. 10) Amends the Federal criminal code to provide civil and criminal penalties for the unauthorized removal by a U.S. officer, employee, contractor, or consultant of classified documents or materials. | 2025-01-14T19:06:24Z |