Summary: H.R.4137 — 103rd Congress (1993-1994)All Information (Except Text)

There is one summary for H.R.4137. Bill summaries are authored by CRS.

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Introduced in House (03/24/1994)

Counterintelligence Improvements Act of 1994 - Amends the National Security Act of 1947 to establish requirements for access to "top secret" information (access). Entitles the President and Vice President, Members of the Congress, Justices of the Supreme Court, and Article III judges to access information needed for the performance of their governmental functions without regard to the other provisions of this Act.

Restricts access among Government employees to those who are U.S. citizens who require routine access for the performance of official governmental functions and who have been determined to be trustworthy based upon background investigations.

Permits access by others only as permitted in accordance with specified regulations issued by the President which: (1) require of such individuals background investigations and consent to the examination of financial and foreign travel records, as well as the reporting of unauthorized contacts with foreign nationals; (2) provide follow-up investigations; (3) allow access by others for national security reasons; and (4) provide implementation and reporting requirements.

Sets forth provisions authorizing waivers for national security reasons.

Requires, as conditions of access to classified cryptographic information, that persons: (1) meet the requirements applicable to those having access to top secret information; and (2) be subject, during the period of such access, to periodic polygraph examinations limited in scope to questions of a counterintelligence nature.

Amends the Right to Financial Privacy Act to permit a customer who is the subject of a personnel security investigation conducted by an authorized investigative Government agency as a condition of being granted or maintaining access to top secret information to authorize nonrevocable disclosure of all financial records maintained by financial institutions to the appropriate governmental authorities for the period of the customer's access and for up to five years after such access has been terminated. (Under current law, a person may consent to access to his or her financial records for a period of three months.)

Makes it a crime to possess espionage devices with intent to violate the espionage statutes and to sell top secret documents or materials to foreign governments, with exceptions and a defense that the information was public. Makes it a misdemeanor for a U.S. officer, employer, or contractor to knowingly remove top secret documents and retain them at an unauthorized location.

Amends the Federal criminal code to: (1) grant specified U.S. courts jurisdiction to try cases involving espionage and related offenses begun or committed outside the United States; and (2) extend coverage of the special forfeiture provision (permitting the Attorney General to file suit to recover the profits of certain crimes) to additional crimes of espionage and to espionage convictions in foreign courts for misconduct that would constitute offenses under U.S. espionage laws.

Permits the Government to deny retirement pay to U.S. retirees in the civil service, Foreign Service, and Central Intelligence Agency retirement and disability systems who are convicted of espionage in foreign courts which involve U.S. national defense information, subject to certification by the Attorney General as to the presence of certain procedural safeguards for such individuals.

Amends the Consumer Credit Protection Act to require consumer reporting agencies, upon request, to furnish: (1) consumer reports to the FBI pursuant to a written certification by the Director of the FBI that the records are sought for an authorized foreign counterintelligence investigation and that the person to whom such reports relate is believed to be a foreign agent; and (2) identifying information respecting any consumer at the Director's request when necessary to the conduct of an authorized counterintelligence investigation. Prohibits such agencies from divulging to the consumer that the FBI has sought or obtained such information.

Authorizes the Attorney General to pay rewards of up to $1 million for information leading to: (1) the arrest or conviction of any individual for committing, or conspiring or attempting to commit, espionage; or (2) the prevention or frustration of an act of espionage against the United States.

Amends the Foreign Intelligence Surveillance Act of 1978 to provide a court order process, similar to that required for electronic surveillance, for physical searches for foreign intelligence purposes. Sets forth: (1) reporting requirements; (2) penalties for intentional violations of search or nondisclosure requirements; and (3) provisions for civil actions, including punitive damages, for violations with respect to an unauthorized search or the disclosure of information arising out of an unauthorized search.