[106th Congress Public Law 567]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ567.106]
[[Page 114 STAT. 2831]]
Public Law 106-567
106th Congress
An Act
To authorize appropriations for <<NOTE: Dec. 27, 2000 - [H.R.
5630]>> fiscal year 2001 for intelligence and intelligence-related
activities of the United States Government, the Community Management
Account, and the Central Intelligence Agency Retirement and Disability
System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Intelligence Authorization Act for
Fiscal Year 2001.>> Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community management account.
Sec. 105. Transfer authority of the Director of Central Intelligence.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Subtitle A--Intelligence Community
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of the Congress on intelligence community contracting.
Sec. 304. National Security Agency voluntary separation.
Sec. 305. Authorization for travel on any common carrier for certain
intelligence collection personnel.
Sec. 306. Update of report on effects of foreign espionage on United
States trade secrets.
Sec. 307. POW/MIA analytic capability within the intelligence community.
Sec. 308. Applicability to lawful United States intelligence activities
of Federal laws implementing international treaties and
agreements.
Sec. 309. Limitation on handling, retention, and storage of certain
classified materials by the Department of State.
Sec. 310. Designation of Daniel Patrick Moynihan Place.
Subtitle B--Diplomatic Telecommunications Service Program Office (DTS-
PO)
Sec. 321. Reorganization of Diplomatic Telecommunications Service
Program Office.
Sec. 322. Personnel.
Sec. 323. Diplomatic Telecommunications Service Oversight Board.
Sec. 324. General provisions.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modifications to Central Intelligence Agency's central
services program.
[[Page 114 STAT. 2832]]
Sec. 402. Technical corrections.
Sec. 403. Expansion of Inspector General actions requiring a report to
Congress.
Sec. 404. Detail of employees to the National Reconnaissance Office.
Sec. 405. Transfers of funds to other agencies for acquisition of land.
Sec. 406. Eligibility of additional employees for reimbursement for
professional liability insurance.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Role of Director of Central Intelligence in experimental
personnel program for certain scientific and technical
personnel.
Sec. 502. Measurement and signature intelligence.
TITLE VI--COUNTERINTELLIGENCE MATTERS
Sec. 601. Short title.
Sec. 602. Orders for electronic surveillance under the Foreign
Intelligence Surveillance Act of 1978.
Sec. 603. Orders for physical searches under the Foreign Intelligence
Surveillance Act of 1978.
Sec. 604. Disclosure of information acquired under the Foreign
Intelligence Surveillance Act of 1978 for law enforcement
purposes.
Sec. 605. Coordination of counterintelligence with the Federal Bureau of
Investigation.
Sec. 606. Enhancing protection of national security at the Department of
Justice.
Sec. 607. Coordination requirements relating to the prosecution of cases
involving classified information.
Sec. 608. Severability.
TITLE VII--DECLASSIFICATION OF INFORMATION
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Public Interest Declassification Board.
Sec. 704. Identification, collection, and review for declassification of
information of archival value or extraordinary public
interest.
Sec. 705. Protection of national security information and other
information.
Sec. 706. Standards and procedures.
Sec. 707. Judicial review.
Sec. 708. Funding.
Sec. 709. Definitions.
Sec. 710. Sunset.
TITLE VIII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT
Sec. 801. Short title.
Sec. 802. Designation.
Sec. 803. Requirement of disclosure of records.
Sec. 804. Expedited processing of requests for Japanese Imperial
Government records.
Sec. 805. Effective date.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2001
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
[[Page 114 STAT. 2833]]
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2001, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
H.R. 4392 of the One Hundred Sixth Congress (House Report 106-969).
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to
the <<NOTE: President.>> President. The President shall provide for
suitable distribution of the Schedule, or of appropriate portions of the
Schedule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director of
the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian personnel in excess of
the number authorized for fiscal year 2001 under section 102 when the
Director of Central Intelligence determines that such action is
necessary to the performance of important intelligence functions, except
that the number of personnel employed in excess of the number authorized
under such section may not, for any element of the intelligence
community, exceed 2 percent of the number of civilian personnel
authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall promptly notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee on
Intelligence of the Senate whenever the Director exercises the authority
granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Community Management Account of the Director of
Central Intelligence for fiscal year 2001 the sum of $163,231,000.
Within such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for the Advanced Research
and Development Committee shall remain available until September 30,
2002.
(b) Authorized Personnel Levels.--The elements within the Community
Management Account of the Director of Central Intelligence are
authorized 313 full-time personnel as of September 30, 2001. Personnel
serving in such elements may be permanent employees of the Community
Management Account or personnel detailed from other elements of the
United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Community Management
Account by subsection (a), there are also authorized to be
appropriated for the Community Management Account for fiscal
year 2001 such additional amounts as are
[[Page 114 STAT. 2834]]
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts shall remain
available until September 30, 2002.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Community Management Account as of September 30, 2001, there are
hereby authorized such additional personnel for such elements as
of that date as are specified in the classified Schedule of
Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2001,
any officer or employee of the United States or a member of the Armed
Forces who is detailed to the staff of the Community Management Account
from another element of the United States Government shall be detailed
on a reimbursable basis, except that any such officer, employee, or
member may be detailed on a nonreimbursable basis for a period of less
than 1 year for the performance of temporary functions as required by
the Director of Central Intelligence.
(e) National <<NOTE: 21 USC 873 note.>> Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be appropriated
in subsection (a), $34,100,000 shall be available for the
National Drug Intelligence Center. Within such amount, funds
provided for research, development, test, and evaluation
purposes shall remain available until September 30, 2002, and
funds provided for procurement purposes shall remain available
until September 30, 2003.
(2) Transfer of funds.--The Director of Central Intelligence
shall transfer to the Attorney General funds available for the
National Drug Intelligence Center under paragraph (1). The
Attorney General shall utilize funds so transferred for the
activities of the National Drug Intelligence Center.
(3) Limitation.--Amounts available for the National Drug
Intelligence Center may not be used in contravention of the
provisions of section 103(d)(1) of the National Security Act of
1947 (50 U.S.C. 403-3(d)(1)).
(4) Authority.--Notwithstanding any other provision of law,
the Attorney General shall retain full authority over the
operations of the National Drug Intelligence Center.
SEC. 105. TRANSFER AUTHORITY OF THE DIRECTOR OF CENTRAL INTELLIGENCE.
(a) Limitation on Delegation of Authority of Departments To Object
to Transfers.--Section 104(d)(2) of the National Security Act of 1947
(50 U.S.C. 403-4(d)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by redesignating subparagraphs (A), (B), (C), (D), and
(E) as clauses (i), (ii), (iii), (iv), and (v), respectively;
(3) in clause (v), as so redesignated, by striking ``the
Secretary or head'' and inserting ``subject to subparagraph (B),
the Secretary or head''; and
(4) by adding at the end the following new subparagraph:
``(B)(i) Except as provided in clause (ii), the authority to object
to a transfer under subparagraph (A)(v) may not be delegated by the
Secretary or head of the department involved.
[[Page 114 STAT. 2835]]
``(ii) With respect to the Department of Defense, the authority to
object to such a transfer may be delegated by the Secretary of Defense,
but only to the Deputy Secretary of Defense.
``(iii) An objection to a transfer under subparagraph (A)(v) shall
have no effect unless submitted to the Director of Central Intelligence
in writing.''.
(b) Limitation on Delegation of Duties of Director of Central
Intelligence.--Section 104(d)(1) of such Act (50 U.S.C. 403-4(d)(1)) is
amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Director may only delegate any duty or authority given the
Director under this subsection to the Deputy Director of Central
Intelligence for Community Management.''.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2001 the sum of
$216,000,000.
TITLE III--GENERAL PROVISIONS
Subtitle A--Intelligence Community
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of the
United States.
SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of the Congress that the Director of Central
Intelligence should continue to direct that elements of the intelligence
community, whenever compatible with the national security interests of
the United States and consistent with operational and security concerns
related to the conduct of intelligence activities, and where fiscally
sound, should competitively award contracts in a manner that maximizes
the procurement of products properly designated as having been made in
the United States.
[[Page 114 STAT. 2836]]
SEC. 304. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION ACT.
(a) In General.--Title III of the National Security Act of 1947 (50
U.S.C. 405 et seq.) is amended by inserting at the beginning the
following new section 301:
``national security agency voluntary separation
``Sec. 301. <<NOTE: 50 USC 409a.>> (a) Short Title.--This section
may be cited as the `National Security Agency Voluntary Separation Act'.
``(b) Definitions.--For purposes of this section--
``(1) the term `Director' means the Director of the National
Security Agency; and
``(2) the term `employee' means an employee of the National
Security Agency, serving under an appointment without time
limitation, who has been currently employed by the National
Security Agency for a continuous period of at least 12 months
prior to the effective date of the program established under
subsection (c), except that such term does not include--
``(A) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the
Government; or
``(B) an employee having a disability on the basis
of which such employee is or would be eligible for
disability retirement under any of the retirement
systems referred to in subparagraph (A).
``(c) Establishment of Program.--Notwithstanding any other provision
of law, the Director, in his sole discretion, may establish a program
under which employees may, after October 1, 2000, be eligible for early
retirement, offered separation pay to separate from service voluntarily,
or both.
``(d) Early Retirement.--An employee who--
``(1) is at least 50 years of age and has completed 20 years
of service; or
``(2) has at least 25 years of service,
may, pursuant to regulations promulgated under this section, apply and
be retired from the National Security Agency and receive benefits in
accordance with chapter 83 or 84 of title 5, United States Code, if the
employee has not less than 10 years of service with the National
Security Agency.
``(e) Amount of Separation Pay and Treatment for Other Purposes.--
``(1) Amount.--Separation pay shall be paid in a lump sum
and shall be equal to the lesser of--
``(A) an amount equal to the amount the employee
would be entitled to receive under section 5595(c) of
title 5, United States Code, if the employee were
entitled to payment under such section; or
``(B) $25,000.
``(2) Treatment.--Separation pay shall not--
``(A) be a basis for payment, and shall not be
included in the computation, of any other type of
Government benefit; and
``(B) be taken into account for the purpose of
determining the amount of any severance pay to which an
individual may be entitled under section 5595 of title
5, United States Code, based on any other separation.
[[Page 114 STAT. 2837]]
``(f ) Reemployment Restrictions.--An employee who receives
separation pay under such program may not be reemployed by the National
Security Agency for the 12-month period beginning on the effective date
of the employee's separation. An employee who receives separation pay
under this section on the basis of a separation occurring on or after
the date of the enactment of the Federal Workforce Restructuring Act of
1994 (Public Law 103-236; 108 Stat. 111) and accepts employment with the
Government of the United States within 5 years after the date of the
separation on which payment of the separation pay is based shall be
required to repay the entire amount of the separation pay to the
National Security Agency. If the employment is with an Executive agency
(as defined by section 105 of title 5, United States Code), the Director
of the Office of Personnel Management may, at the request of the head of
the agency, waive the repayment if the individual involved possesses
unique abilities and is the only qualified applicant available for the
position. If the employment is with an entity in the legislative branch,
the head of the entity or the appointing official may waive the
repayment if the individual involved possesses unique abilities and is
the only qualified applicant available for the position. If the
employment is with the judicial branch, the Director of the
Administrative Office of the United States Courts may waive the
repayment if the individual involved possesses unique abilities and is
the only qualified applicant available for the position.
``(g) Bar on Certain Employment.--
``(1) Bar.--An employee may not be separated from service
under this section unless the employee agrees that the employee
will not--
``(A) act as agent or attorney for, or otherwise
represent, any other person (except the United States)
in any formal or informal appearance before, or, with
the intent to influence, make any oral or written
communication on behalf of any other person (except the
United States) to the National Security Agency; or
``(B) participate in any manner in the award,
modification, or extension of any contract for property
or services with the National Security Agency,
during the 12-month period beginning on the effective date of
the employee's separation from service.
``(2) Penalty.--An employee who violates an agreement under
this subsection shall be liable to the United States in the
amount of the separation pay paid to the employee pursuant to
this section multiplied by the proportion of the 12-month period
during which the employee was in violation of the agreement.
``(h) Limitations.--Under this program, early retirement and
separation pay may be offered only--
``(1) with the prior approval of the Director;
``(2) for the period specified by the Director; and
``(3) to employees within such occupational groups or
geographic locations, or subject to such other similar
limitations or conditions, as the Director may require.
``(i) Regulations.--Before an employee may be eligible for early
retirement, separation pay, or both, under this section, the Director
shall prescribe such regulations as may be necessary to carry out this
section.
[[Page 114 STAT. 2838]]
``( j) Reporting Requirements.--
``(1) Notification.--The Director may not make an offer of
early retirement, separation pay, or both, pursuant to this
section until 15 days after submitting to the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate a report
describing the occupational groups or geographic locations, or
other similar limitations or conditions, required by the
Director under subsection (h), and includes the proposed
regulations issued pursuant to subsection (i).
``(2) Annual report.--The Director shall submit to the
President and the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate an annual report on the effectiveness
and costs of carrying out this section.
``(k) Remittance of Funds.--In addition to any other payment that is
required to be made under subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, the National Security Agency shall remit to
the Office of Personnel Management for deposit in the Treasury of the
United States to the credit of the Civil Service Retirement and
Disability Fund, an amount equal to 15 percent of the final basic pay of
each employee to whom a voluntary separation payment has been or is to
be paid under this section. The remittance required by this subsection
shall be in lieu of any remittance required by section 4(a) of the
Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).''.
(b) Clerical Amendment.--The table of contents for title III of the
National Security Act of 1947 is amended by inserting at the beginning
the following new item:
``Sec. 301. National Security Agency voluntary separation.''.
SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER FOR CERTAIN
INTELLIGENCE COLLECTION PERSONNEL.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by adding at the end the following new
section:
``travel on any common carrier for certain intelligence collection
personnel
``Sec. 116 <<NOTE: 50 USC 404k.>> . (a) In General.--Notwithstanding
any other provision of law, the Director of Central Intelligence may
authorize travel on any common carrier when such travel, in the
discretion of the Director--
``(1) is consistent with intelligence community mission
requirements, or
``(2) is required for cover purposes, operational needs, or
other exceptional circumstances necessary for the successful
performance of an intelligence community mission.
``(b) Authorized Delegation of Duty.--The Director may only delegate
the authority granted by this section to the Deputy Director of Central
Intelligence, or with respect to employees of the Central Intelligence
Agency the Director may delegate such authority to the Deputy Director
for Operations.''.
[[Page 114 STAT. 2839]]
(b) Clerical Amendment.--The table of contents for the National
Security Act of 1947 is amended by inserting after the item relating to
section 115 the following new item:
``Sec. 116. Travel on any common carrier for certain intelligence
collection personnel.''.
SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN ESPIONAGE ON UNITED
STATES TRADE SECRETS.
Not <<NOTE: Deadline.>> later than 270 days after the date of the
enactment of this Act, the Director of Central Intelligence shall submit
to Congress a report that updates and revises, as necessary, the report
prepared by the Director pursuant to section 310 of the Intelligence
Authorization Act for Fiscal Year 2000 (Public Law 106-120; 113 Stat.
1606).
SEC. 307. POW/MIA ANALYTIC CAPABILITY WITHIN THE INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.), as amended by section 305(a), is further amended by
adding at the end the following:
``pow/mia analytic capability
``Sec. 117. <<NOTE: Establishment. 50 USC 404l.>> (a) Requirement.--
(1) The Director of Central Intelligence shall, in consultation with the
Secretary of Defense, establish and maintain in the intelligence
community an analytic capability with responsibility for intelligence in
support of the activities of the United States relating to individuals
who, after December 31, 1990, are unaccounted for United States
personnel.
``(2) The analytic capability maintained under paragraph (1) shall
be known as the `POW/MIA analytic capability of the intelligence
community'.
``(b) Unaccounted for United States personnel.--In this section, the
term `unaccounted for United States personnel' means the following:
``(1) Any missing person (as that term is defined in section
1513(1) of title 10, United States Code).
``(2) Any United States national who was killed while
engaged in activities on behalf of the United States and whose
remains have not been repatriated to the United States.''.
(b) Clerical Amendment.--The table of contents for the National
Security Act of 1947, as amended by section 305(b), is further amended
by inserting after the item relating to section 116 the following new
item:
``Sec. 117. POW/MIA analytic capability.''.
SEC. 308. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE ACTIVITIES
OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND
AGREEMENTS.
(a) In General.--The National Security Act of 1947 (50 U.S.C. 401 et
seq.) is amended by adding at the end the following new title:
[[Page 114 STAT. 2840]]
``TITLE X--ADDITIONAL MISCELLANEOUS PROVISIONS
``applicability to united states intelligence activities of federal laws
implementing international treaties and agreements
``Sec. 1001. <<NOTE: 50 USC 442.>> (a) In General.--No Federal law
enacted on or after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2001 that implements a treaty or other
international agreement shall be construed as making unlawful an
otherwise lawful and authorized intelligence activity of the United
States Government or its employees, or any other person to the extent
such other person is carrying out such activity on behalf of, and at the
direction of, the United States, unless such Federal law specifically
addresses such intelligence activity.
``(b) Authorized Intelligence Activities.--An intelligence activity
shall be treated as authorized for purposes of subsection (a) if the
intelligence activity is authorized by an appropriate official of the
United States Government, acting within the scope of the official duties
of that official and in compliance with Federal law and any applicable
Presidential directive.''.
(b) Clerical Amendment.--The table of contents for the National
Security Act of 1947 is amended by inserting at the end the following
new items:
``TITLE X--ADDITIONAL MISCELLANEOUS PROVISIONS
``Sec. 1001. Applicability to United States intelligence activities of
Federal laws implementing international treaties and
agreements.''.
SEC. 309. <<NOTE: 50 USC 435a.>> LIMITATION ON HANDLING, RETENTION, AND
STORAGE OF CERTAIN CLASSIFIED MATERIALS BY THE DEPARTMENT OF
STATE.
(a) Certification Regarding Full Compliance With Requirements.--The
Director of Central Intelligence shall certify to the appropriate
committees of Congress whether or not each covered element of the
Department of State is in full compliance with all applicable directives
of the Director of Central Intelligence relating to the handling,
retention, or storage of covered classified material.
(b) Limitation on Certification.--The Director of Central
Intelligence may not certify a covered element of the Department of
State as being in full compliance with the directives referred to in
subsection (a) if the covered element is currently subject to a waiver
of compliance with respect to any such directive.
(c) Report <<NOTE: Notification.>> on Noncompliance.--Whenever the
Director of Central Intelligence determines that a covered element of
the Department of State is not in full compliance with any directive
referred to in subsection (a), the Director shall promptly notify the
appropriate committees of Congress of such determination.
(d) Effects of <<NOTE: Effective date.>> Certification of Non-Full
Compliance.--(1) Subject to subsection (e), effective as of January 1,
2001, a covered element of the Department of State may not retain or
store covered classified material unless the Director has certified
under subsection (a) as of such date that the covered element is in full
compliance with the directives referred to in subsection (a).
(2) If the prohibition in paragraph (1) takes effect in accordance
with that paragraph, the prohibition shall remain in effect until
[[Page 114 STAT. 2841]]
the date on which the Director certifies under subsection (a) that the
covered element involved is in full compliance with the directives
referred to in that subsection.
(e) Waiver by Director of Central Intelligence.--(1) The Director of
Central Intelligence may waive the applicability of the prohibition in
subsection (d) to an element of the Department of State otherwise
covered by such prohibition if the Director determines that the waiver
is in the national security interests of the United States.
(2) <<NOTE: Reports.>> The Director shall submit to appropriate
committees of Congress a report on each exercise of the waiver authority
in paragraph (1).
(3) Each report under paragraph (2) with respect to the exercise of
authority under paragraph (1) shall set forth the following:
(A) The covered element of the Department of State addressed
by the waiver.
(B) The reasons for the waiver.
(C) The actions that will be taken to bring such element
into full compliance with the directives referred to in
subsection (a), including a schedule for completion of such
actions.
(D) The actions taken by the Director to protect any covered
classified material to be handled, retained, or stored by such
element pending achievement of full compliance of such element
with such directives.
(f ) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means
the following:
(A) The Select Committee on Intelligence and the
Committee on Foreign Relations of the Senate.
(B) The Permanent Select Committee on Intelligence
and the Committee on International Relations of the
House of Representatives.
(2) The term ``covered classified material'' means any
material classified at the Sensitive Compartmented Information
(SCI) level.
(3) The term ``covered element of the Department of State''
means each element of the Department of State that handles,
retains, or stores covered classified material.
(4) The term ``material'' means any data, regardless of
physical form or characteristic, including written or printed
matter, automated information systems storage media, maps,
charts, paintings, drawings, films, photographs, engravings,
sketches, working notes, papers, reproductions of any such
things by any means or process, and sound, voice, magnetic, or
electronic recordings.
(5) The term ``Sensitive Compartmented Information (SCI)
level'', in the case of classified material, means a level of
classification for information in such material concerning or
derived from intelligence sources, methods, or analytical
processes that requires such information to be handled within
formal access control systems established by the Director of
Central Intelligence.
SEC. 310. <<NOTE: 40 USC 1101 note.>> DESIGNATION OF DANIEL PATRICK
MOYNIHAN PLACE.
(a) Findings.--Congress finds that--
[[Page 114 STAT. 2842]]
(1) during the second half of the twentieth century, Senator
Daniel Patrick Moynihan promoted the importance of architecture
and urban planning in the Nation's Capital, particularly with
respect to the portion of Pennsylvania Avenue between the White
House and the United States Capitol (referred to in this
subsection as the ``Avenue'');
(2) Senator Moynihan has stressed the unique significance of
the Avenue as conceived by Pierre Charles L'Enfant to be the
``grand axis'' of the Nation's Capital as well as a symbolic
representation of the separate yet unified branches of the
United States Government;
(3) through his service to the Ad Hoc Committee on Federal
Office Space (1961-1962), as a member of the President's Council
on Pennsylvania Avenue (1962-1964), and as vice-chairman of the
President's Temporary Commission on Pennsylvania Avenue (1965-
1969), and in his various capacities in the executive and
legislative branches, Senator Moynihan has consistently and
creatively sought to fulfill President Kennedy's recommendation
of June 1, 1962, that the Avenue not become a ``solid phalanx of
public and private office buildings which close down completely
at night and on weekends,'' but that it be ``lively, friendly,
and inviting, as well as dignified and impressive'';
(4)(A) Senator Moynihan helped draft a Federal architectural
policy, known as the ``Guiding Principles for Federal
Architecture,'' that recommends a choice of designs that are
``efficient and economical'' and that provide ``visual testimony
to the dignity, enterprise, vigor, and stability'' of the United
States Government; and
(B) the Guiding Principles for Federal Architecture further
state that the ``development of an official style must be
avoided. Design must flow from the architectural profession to
the Government, and not vice versa.'';
(5) Senator Moynihan has encouraged--
(A) the construction of new buildings along the
Avenue, such as the Ronald Reagan Building and
International Trade Center; and
(B) the establishment of an academic institution
along the Avenue, namely the Woodrow Wilson
International Center for Scholars, a living memorial to
President Wilson; and
(6) as Senator Moynihan's service in the Senate concludes,
it is appropriate to commemorate his legacy of public service
and his commitment to thoughtful urban design in the Nation's
Capital.
(b) Designation.--The parcel of land located in the northwest
quadrant of Washington, District of Columbia, and described in
subsection (c) shall be known and designated as ``Daniel Patrick
Moynihan Place''.
(c) Boundaries.--The parcel of land described in this subsection is
the portion of Woodrow Wilson Plaza (as designated by Public Law 103-284
(108 Stat. 1448)) that is bounded--
(1) on the west by the eastern facade of the Ronald Reagan
Building and International Trade Center;
(2) on the east by the western facade of the Ariel Rios
Building;
[[Page 114 STAT. 2843]]
(3) on the north by the southern edge of the sidewalk
abutting Pennsylvania Avenue; and
(4) on the south by the line that extends west to the facade
of the Ronald Reagan Building and International Trade Center,
from the point where the west facade of the Ariel Rios Building
intersects the north end of the west hemicycle of that building.
(d) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the parcel of land
described in subsection (c) shall be deemed to be a reference to Daniel
Patrick Moynihan Place.
(e) Markers.--The Administrator of General Services shall erect
appropriate gateways or other markers in Daniel Patrick Moynihan Place
so denoting that place.
Subtitle B--Diplomatic Telecommunications Service Program Office (DTS-
PO)
SEC. 321. <<NOTE: 22 USC 7301.>> REORGANIZATION OF DIPLOMATIC
TELECOMMUNICATIONS SERVICE PROGRAM OFFICE.
(a) Reorganization.--Effective <<NOTE: Effective date.>> 60 days
after the date of the enactment of this Act, the Diplomatic
Telecommunications Service Program Office (DTS-PO) established pursuant
to title V of Public Law 102-140 shall be reorganized in accordance with
this subtitle.
(b) Purpose and Duties of DTS-PO.--The purpose and duties of DTS-PO
shall be to carry out a program for the establishment and maintenance of
a diplomatic telecommunications system and communications network
(hereinafter in this subtitle referred to as ``DTS'') capable of
providing multiple levels of service to meet the wide ranging needs of
all United States Government agencies and departments at diplomatic
facilities abroad, including national security needs for secure,
reliable, and robust communications capabilities.
SEC. 322. <<NOTE: 22 USC 7302.>> PERSONNEL.
(a) Establishment of Position of Chief Executive Officer.--
(1) In general.--Effective <<NOTE: Effective date.>> 60 days
after the date of the enactment of this Act, there is
established the position of Chief Executive Officer of the
Diplomatic Telecommunications Service Program Office
(hereinafter in this subtitle referred to as the ``CEO'').
(2) Qualifications.--
(A) In general.--The CEO shall be an individual
who--
(i) is a communications professional;
(ii) has served in the commercial
telecommunications industry for at least 7 years;
(iii) has an extensive background in
communications system design, maintenance, and
support and a background in organizational
management; and
(iv) submits to a background investigation and
possesses the necessary qualifications to obtain a
security clearance required to meet the highest
United States Government security standards.
[[Page 114 STAT. 2844]]
(B) Limitations.--The CEO may not be an individual
who was an officer or employee of DTS-PO prior to the
date of the enactment of this Act.
(3) Appointment authority.--The CEO of DTS-PO shall be
appointed by the Director of the Office of Management and
Budget.
(4) First appointment.--
(i) Deadline.--The first appointment under
this subsection shall be made not later than May
1, 2001.
(ii) Limitation on use of funds.--Of the funds
available for DTS-PO on the date of the enactment
of this Act, not more than 75 percent of such
funds may be obligated or expended until a CEO is
appointed under this subsection and assumes such
position.
(iii) May not be an officer or employee of
federal government.--The individual first
appointed as CEO under this subtitle may not have
been an officer or employee of the Federal
government during the 1-year period immediately
preceding such appointment.
(5) Vacancy.--In the event of a vacancy in the position of
CEO or during the absence or disability of the CEO, the Director
of the Office of Management and Budget may designate an officer
or employee of DTS-PO to perform the duties of the position as
the acting CEO.
(6) Authorities and duties.--
(A) In general.--The CEO shall have responsibility
for day-to-day management and operations of DTS, subject
to the supervision of the Diplomatic Telecommunication
Service Oversight Board established under this subtitle.
(B) Specific authorities.--In carrying out the
responsibility for day-to-day management and operations
of DTS, the CEO shall, at a minimum, have--
(i) final decision-making authority for
implementing DTS policy; and
(ii) final decision-making authority for
managing all communications technology and
security upgrades to satisfy DTS user
requirements.
(C) Certification regarding security.--The CEO shall
certify to the appropriate congressional committees that
the operational and communications security requirements
and practices of DTS conform to the highest security
requirements and practices required by any agency
utilizing the DTS.
(D) Reports to congress.--
(i) Semiannual reports.--Beginning
on <<NOTE: Effective date.>> August 1, 2001, and
every 6 months thereafter, the CEO shall submit to
the appropriate congressional committees of
jurisdiction a report regarding the activities of
DTS-PO during the preceding 6 months, the current
capabilities of DTS-PO, and the priorities of DTS-
PO for the subsequent 6-month period. Each report
shall include a discussion about any
administrative, budgetary, or management issues
that hinder the ability of DTS-PO to fulfill its
mandate.
[[Page 114 STAT. 2845]]
(ii) Other reports.--In addition to the report
required by clause (i), the CEO shall keep the
appropriate congressional committees of
jurisdiction fully and currently informed with
regard to DTS-PO activities, particularly with
regard to any significant security infractions or
major outages in the DTS.
(b) Establishment of Positions of Deputy Executive Officer.--
(1) In general.--There shall be <<NOTE: President.>> two
Deputy Executive Officers of the Diplomatic Telecommunications
Service Program Office, each to be appointed by the President.
(2) Duties.--The Deputy Executive Officers shall perform
such duties as the CEO may require.
(c) Termination of Positions of Director and Deputy Director.--
Effective upon the first appointment of a CEO pursuant to subsection
(a), the positions of Director and Deputy Director of DTS-PO shall
terminate.
(d) Employees of DTS-PO.--
(1) In general.--DTS-PO is authorized to have the following
employees: a CEO established under subsection (a), two Deputy
Executive Officers established under subsection (b), and not
more than four other employees.
(2) Applicability of certain civil service laws.--The CEO
and other officers and employees of DTS-PO may be appointed
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(3) Authority of director of omb to prescribe pay of
employees.--The Director of the Office of Management and Budget
shall prescribe the rates of basic pay for positions to which
employees are appointed under this section on the basis of their
unique qualifications.
(e) Staff of Federal Agencies.--
(1) In general.--Upon request of the CEO, the head of any
Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to DTS-
PO to assist it in carrying out its duties under this subtitle.
(2) Continuation of service.--An employee of a Federal
department or agency who was performing services on behalf of
DTS-PO prior to the effective date of the reorganization under
this subtitle shall continue to be detailed to DTS-PO after that
date, upon request.
SEC. 323. <<NOTE: 22 USC 7303.>> DIPLOMATIC TELECOMMUNICATIONS SERVICE
OVERSIGHT BOARD.
(a) Oversight Board Established.--
(1) In general.--There is hereby established the Diplomatic
Telecommunications Service Oversight Board (hereinafter in this
subtitle referred to as the ``Board'') as an instrumentality of
the United States with the powers and authorities herein
provided.
(2) Status.--The Board shall oversee and monitor the
operations of DTS-PO and shall be accountable for the duties
assigned to DTS-PO under this subtitle.
[[Page 114 STAT. 2846]]
(3) Membership.--
(A) In general.--The Board shall consist of three
members as follows:
(i) The Deputy Director of the Office of
Management and Budget.
(ii) Two <<NOTE: President.>> members to be
appointed by the President.
(B) Chairperson.--The chairperson of the Board shall
be the Deputy Director of the Office of Management and
Budget.
(C) Terms.--Members of the Board appointed by the
President shall serve at the pleasure of the President.
(D) Quorum required.--A quorum shall consist of all
members of the Board and all decisions of the Board
shall require a majority vote.
(4) Prohibition on compensation.--Members of the Board may
not receive additional pay, allowances, or benefits by reason of
their service on the Board.
(5) Duties and Authorities.--The Board shall have the
following duties and authorities with respect to DTS-PO:
(A) To review and approve overall strategies,
policies, and goals established by DTS-PO for its
activities.
(B) To review and approve financial plans, budgets,
and periodic financing requests developed by DTS-PO.
(C) To review the overall performance of DTS-PO on a
periodic basis, including its work, management
activities, and internal controls, and the performance
of DTS-PO relative to approved budget plans.
(D) To require from DTS-PO any reports, documents,
and records the Board considers necessary to carry out
its oversight responsibilities.
(E) To evaluate audits of DTS-PO.
(6) Limitation on authority.--The CEO shall have the
authority, without any prior review or approval by the Board, to
make such determinations as the CEO considers appropriate and
take such actions as the CEO considers appropriate with respect
to the day-to-day management and operation of DTS-PO and to
carry out the reforms of DTS-PO authorized by section 305 of the
Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (section 305 of
appendix G of Public Law 106-113).
SEC. 324. <<NOTE: 22 USC 7304.>> GENERAL PROVISIONS.
(a) Report to <<NOTE: Deadline.>> Congress.--Not later than March
1, 2001, the Director of the Office of Management and Budget shall
submit to the appropriate congressional committees of jurisdiction a
report which includes the following elements with respect to DTS-PO:
(1) Clarification of the process for the CEO to report to
the Board.
(2) Details of the CEO's duties and responsibilities.
(3) Details of the compensation package for the CEO and
other employees of DTS-PO.
(4) Recommendations to the Overseas Security Policy Board
(OSPB) for updates.
(5) Security standards for information technology.
(6) The upgrade precedence plan for overseas posts with
national security interests.
[[Page 114 STAT. 2847]]
(7) A spending plan for the additional funds provided for
the operation and improvement of DTS for fiscal year 2001.
(b) Notification <<NOTE: Applicability.>> Requirements.--The
notification requirements of sections 502 and 505 of the National
Security Act of 1947 shall apply to DTS-PO and the Board.
(c) Procurement Authority of DTS-PO.--The procurement authorities of
any of the users of DTS shall be available to the DTS-PO.
(d) Definition of appropriate congressional committees of
jurisdiction.--As used in this subtitle, the term ``appropriate
congressional committees of jurisdiction'' means the Committee on
Appropriations, the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate and the Committee on
Appropriations, the Committee on International Relations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
(e) Statutory Construction.--Nothing in this subtitle shall be
construed to negate or to reduce the statutory obligations of any United
States department or agency head.
(f ) Authorization of Appropriations for DTS-PO.--For each of the
fiscal years 2002 through 2006, there are authorized to be appropriated
directly to DTS-PO such sums as may be necessary to carry out the
management, oversight, and security requirements of this subtitle.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE AGENCY'S CENTRAL
SERVICES PROGRAM.
(a) Deposits in Central Services Working Capital Fund.--Subsection
(c)(2) of section 21 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403u(c)(2)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (H);
and
(2) by inserting after subparagraph (E) the following new
subparagraphs:
``(F) Receipts from individuals in reimbursement for utility
services and meals provided under the program.
``(G) Receipts from individuals for the rental of property
and equipment under the program.''.
(b) Clarification of Costs Recoverable Under Program.--Subsection
(e)(1) of that section is amended in the second sentence by inserting
``other than structures owned by the Agency'' after ``depreciation of
plant and equipment''.
(c) Financial Statements of Program.--Subsection (g)(2) of that
section is amended in the first sentence by striking ``annual audits
under paragraph (1)'' and inserting the following: ``financial
statements to be prepared with respect to the program. Office of
Management and Budget guidance shall also determine the procedures for
conducting annual audits under paragraph (1).''.
SEC. 402. TECHNICAL CORRECTIONS.
(a) Clarification Regarding Reports on Exercise of Authority.--
Section 17 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403q) is amended--
[[Page 114 STAT. 2848]]
(1) in subsection (d)(1), by striking subparagraph (E) and
inserting the following new subparagraph (E):
``(E) a description of the exercise of the subpoena
authority under subsection (e)(5) by the Inspector General
during the reporting period; and''; and
(2) in subsection (e)(5), by striking subparagraph (E).
(b) Terminology With Respect to Government Agencies.--Section
17(e)(8) of such Act (50 U.S.C. 403q(e)(8)) is amended by striking
``Federal'' each place it appears and inserting ``Government''.
SEC. 403. EXPANSION OF INSPECTOR GENERAL ACTIONS REQUIRING A REPORT TO
CONGRESS.
Section 17(d)(3) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(d)(3)) is amended by striking all that follows after
subparagraph (A) and inserting the following:
``(B) an investigation, inspection, or audit carried out by
the Inspector General should focus on any current or former
Agency official who--
``(i) holds or held a position in the Agency that is
subject to appointment by the President, by and with the
advise and consent of the Senate, including such a
position held on an acting basis; or
``(ii) holds or held the position in the Agency,
including such a position held on an acting basis, of--
``(I) Executive Director;
``(II) Deputy Director for Operations;
``(III) Deputy Director for Intelligence;
``(IV) Deputy Director for Administration; or
``(V) Deputy Director for Science and
Technology;
``(C) a matter requires a report by the Inspector General to
the Department of Justice on possible criminal conduct by a
current or former Agency official described or referred to in
subparagraph (B);
``(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any of the officials described in
subparagraph (B); or
``(E) <<NOTE: Notification.>> the Inspector General, after
exhausting all possible alternatives, is unable to obtain
significant documentary information in the course of an
investigation, inspection, or audit,
the Inspector General shall immediately notify and submit a report on
such matter to the intelligence committees.''.
SEC. 404. DETAIL OF EMPLOYEES TO THE NATIONAL RECONNAISSANCE OFFICE.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.)
is amended by adding at the end the following new section:
``detail of employees
``Sec. 22. <<NOTE: 50 USC 403v.>> The Director may--
``(1) detail any personnel of the Agency on a reimbursable
basis indefinitely to the National Reconnaissance Office without
regard to any limitation under law on the duration of details of
Federal Government personnel; and
[[Page 114 STAT. 2849]]
``(2) hire personnel for the purpose of any detail under
paragraph (1).''.
SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR ACQUISITION OF LAND.
(a) In General.--Section 5 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403f ) is amended by adding at the end the following new
subsection:
``(c) Transfers for Acquisition of Land.--(1) Sums appropriated or
otherwise made available to the Agency for the acquisition of land that
are transferred to another department or agency for that purpose shall
remain available for 3 years.
``(2) The <<NOTE: Reports.>> Director shall submit to the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives an annual
report on the transfers of sums described in paragraph (1).''.
(b) Conforming Stylistic Amendments.--That section is further
amended--
(1) in subsection (a), by inserting ``In General.--'' after
``(a)''; and
(2) in subsection (b), by inserting ``Scope of Authority for
Expenditure.--'' after ``(b)''.
(c) Applicability.--Subsection (c) of <<NOTE: 50 USC 403f
note.>> section 5 of the Central Intelligence Agency Act of 1949, as
added by subsection (a) of this section, shall apply with respect to
amounts appropriated or otherwise made available for the Central
Intelligence Agency for fiscal years after fiscal year 2000.
SEC. 406. <<NOTE: 5 USC prec. 5941 note.>> ELIGIBILITY OF ADDITIONAL
EMPLOYEES FOR REIMBURSEMENT FOR PROFESSIONAL LIABILITY
INSURANCE.
(a) In General.--Notwithstanding any provision of title VI, section
636 of the Treasury, Postal Service, and General Government
Appropriations Act, 1997 (5 U.S.C. prec. 5941 note), the Director of
Central Intelligence may--
(1) designate as qualified employees within the meaning of
subsection (b) of that section appropriate categories of
employees not otherwise covered by that subsection; and
(2) use appropriated funds available to the Director to
reimburse employees within categories so designated for one-half
of the costs incurred by such employees for professional
liability insurance in accordance with subsection (a) of that
section.
(b) Reports.--The Director of Central Intelligence shall submit to
the Select Committee on Intelligence of the Senate and the Permanent
Select Committee of Intelligence of the House of Representatives a
report on each designation of a category of employees under paragraph
(1) of subsection (a), including the approximate number of employees
covered by such designation and an estimate of the amount to be expended
on reimbursement of such employees under paragraph (2) of that
subsection.
[[Page 114 STAT. 2850]]
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. <<NOTE: 50 USC 403-5 note.>> ROLE OF DIRECTOR OF CENTRAL
INTELLIGENCE IN EXPERIMENTAL PERSONNEL PROGRAM FOR CERTAIN
SCIENTIFIC AND TECHNICAL PERSONNEL.
If the <<NOTE: Deadline.>> Director of Central Intelligence requests
that the Secretary of Defense exercise any authority available to the
Secretary under section 1101(b) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5 U.S.C.
3104 note) to carry out a program of special personnel management
authority at the National Imagery and Mapping Agency and the National
Security Agency in order to facilitate recruitment of eminent experts in
science and engineering at such agencies, the Secretary shall respond to
such request not later than 30 days after the date of such request.
SEC. 502. MEASUREMENT AND SIGNATURE INTELLIGENCE.
(a) Study of Options.--The Director of Central Intelligence shall,
in coordination with the Secretary of Defense, conduct a study of the
utility and feasibility of various options for improving the management
and organization of measurement and signature intelligence, including--
(1) the option of establishing a centralized tasking,
processing, exploitation, and dissemination facility for
measurement and signature intelligence;
(2) options for recapitalizing and reconfiguring the current
systems for measurement and signature intelligence; and
(3) the operation and maintenance costs of the various
options.
(b) Report.--Not later than <<NOTE: Deadline.>> April 1, 2001, the
Director and the Secretary shall jointly submit to the appropriate
committees of Congress a report on their findings as a result of the
study required by subsection (a). The report shall set forth any
recommendations that the Director and the Secretary consider
appropriate.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means the following:
(1) The Committee on Armed Services and the Select Committee
on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
TITLE VI--COUNTERINTELLIGENCE <<NOTE: Counter- intelligence Reform Act
of 2000. 50 USC 1801 note.>> MATTERS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Counterintelligence Reform Act of
2000''.
[[Page 114 STAT. 2851]]
SEC. 602. ORDERS FOR ELECTRONIC SURVEILLANCE UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Requirements Regarding Certain Applications.--Section 104 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is
amended by adding at the end the following new subsection:
``(e)(1)(A) Upon written request of the Director of the Federal
Bureau of Investigation, the Secretary of Defense, the Secretary of
State, or the Director of Central Intelligence, the Attorney General
shall personally review under subsection (a) an application under that
subsection for a target described in section 101(b)(2).
``(B) Except when disabled or otherwise unavailable to make a
request referred to in subparagraph (A), an official referred to in that
subparagraph may not delegate the authority to make a request referred
to in that subparagraph.
``(C) Each official referred to in subparagraph (A) with authority
to make a request under that subparagraph shall take appropriate actions
in advance to ensure that delegation of such authority is clearly
established in the event such official is disabled or otherwise
unavailable to make such request.
``(2)(A) <<NOTE: Notice.>> If as a result of a request under
paragraph (1) the Attorney General determines not to approve an
application under the second sentence of subsection (a) for purposes of
making the application under this section, the Attorney General shall
provide written notice of the determination to the official making the
request for the review of the application under that paragraph. Except
when disabled or otherwise unavailable to make a determination under the
preceding sentence, the Attorney General may not delegate the
responsibility to make a determination under that sentence. The Attorney
General shall take appropriate actions in advance to ensure that
delegation of such responsibility is clearly established in the event
the Attorney General is disabled or otherwise unavailable to make such
determination.
``(B) Notice with respect to an application under subparagraph (A)
shall set forth the modifications, if any, of the application that are
necessary in order for the Attorney General to approve the application
under the second sentence of subsection (a) for purposes of making the
application under this section.
``(C) Upon review of any modifications of an application set forth
under subparagraph (B), the official notified of the modifications under
this paragraph shall modify the application if such official determines
that such modification is warranted. Such official shall supervise the
making of any modification under this subparagraph. Except when disabled
or otherwise unavailable to supervise the making of any modification
under the preceding sentence, such official may not delegate the
responsibility to supervise the making of any modification under that
preceding sentence. Each such official shall take appropriate actions in
advance to ensure that delegation of such responsibility is clearly
established in the event such official is disabled or otherwise
unavailable to supervise the making of such modification.''.
(b) Probable Cause.--Section 105 of that Act (50 U.S.C. 1805) is
amended--
(1) by redesignating subsections (b), (c), (d), (e), (f ),
and (g) as subsections (c), (d), (e), (f ), (g), and (h),
respectively;
(2) by inserting after subsection (a) the following new
subsection (b):
[[Page 114 STAT. 2852]]
``(b) In determining whether or not probable cause exists for
purposes of an order under subsection (a)(3), a judge may consider past
activities of the target, as well as facts and circumstances relating to
current or future activities of the target.''; and
(3) in subsection (d), as redesignated by paragraph (1), by
striking ``subsection (b)(1)'' and inserting ``subsection
(c)(1)''.
SEC. 603. ORDERS FOR PHYSICAL SEARCHES UNDER THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) Requirements Regarding Certain Applications.--Section 303 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1823) is
amended by adding at the end the following new subsection:
``(d)(1)(A) Upon written request of the Director of the Federal
Bureau of Investigation, the Secretary of Defense, the Secretary of
State, or the Director of Central Intelligence, the Attorney General
shall personally review under subsection (a) an application under that
subsection for a target described in section 101(b)(2).
``(B) Except when disabled or otherwise unavailable to make a
request referred to in subparagraph (A), an official referred to in that
subparagraph may not delegate the authority to make a request referred
to in that subparagraph.
``(C) Each official referred to in subparagraph (A) with authority
to make a request under that subparagraph shall take appropriate actions
in advance to ensure that delegation of such authority is clearly
established in the event such official is disabled or otherwise
unavailable to make such request.
``(2)(A) If as a <<NOTE: Notice.>> result of a request under
paragraph (1) the Attorney General determines not to approve an
application under the second sentence of subsection (a) for purposes of
making the application under this section, the Attorney General shall
provide written notice of the determination to the official making the
request for the review of the application under that paragraph. Except
when disabled or otherwise unavailable to make a determination under the
preceding sentence, the Attorney General may not delegate the
responsibility to make a determination under that sentence. The Attorney
General shall take appropriate actions in advance to ensure that
delegation of such responsibility is clearly established in the event
the Attorney General is disabled or otherwise unavailable to make such
determination.
``(B) Notice with respect to an application under subparagraph (A)
shall set forth the modifications, if any, of the application that are
necessary in order for the Attorney General to approve the application
under the second sentence of subsection (a) for purposes of making the
application under this section.
``(C) Upon review of any modifications of an application set forth
under subparagraph (B), the official notified of the modifications under
this paragraph shall modify the application if such official determines
that such modification is warranted. Such official shall supervise the
making of any modification under this subparagraph. Except when disabled
or otherwise unavailable to supervise the making of any modification
under the preceding sentence, such official may not delegate the
responsibility to supervise the making of any modification under that
preceding sentence. Each such official shall take appropriate actions in
advance to ensure that delegation of such responsibility is clearly
established in the event such official is disabled or otherwise
unavailable to supervise the making of such modification.''.
[[Page 114 STAT. 2853]]
(b) Probable Cause.--Section 304 of that Act (50 U.S.C. 1824) is
amended--
(1) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f ), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) In determining whether or not probable cause exists for
purposes of an order under subsection (a)(3), a judge may consider past
activities of the target, as well as facts and circumstances relating to
current or future activities of the target.''.
SEC. 604. DISCLOSURE OF INFORMATION ACQUIRED UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978 FOR LAW ENFORCEMENT
PURPOSES.
(a) Inclusion of Information on Disclosure in Semiannual Oversight
Report.--Section 108(a) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1808(a)) is amended--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new paragraph:
``(2) Each report under the first sentence of paragraph (1) shall
include a description of--
``(A) each criminal case in which information acquired under
this Act has been passed for law enforcement purposes during the
period covered by such report; and
``(B) each criminal case in which information acquired under
this Act has been authorized for use at trial during such
reporting period.''.
(b) Report on <<NOTE: 50 USC 1806 note.>> Mechanisms for
Determinations of Disclosure of Information for Law Enforcement
Purposes.--(1) The Attorney General shall submit to the appropriate
committees of Congress a report on the authorities and procedures
utilized by the Department of Justice for determining whether or not to
disclose information acquired under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) for law enforcement
purposes.
(2) In this subsection, the term ``appropriate committees of
Congress'' means the following:
(A) The Select Committee on Intelligence and the Committee
on the Judiciary of the Senate.
(B) The Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
SEC. 605. COORDINATION OF COUNTERINTELLIGENCE WITH THE FEDERAL BUREAU OF
INVESTIGATION.
(a) Treatment of Certain Subjects of Investigation.--Subsection (c)
of section 811 of the Intelligence Authorization Act for Fiscal Year
1995 (50 U.S.C. 402a) is amended--
(1) in paragraphs (1) and (2), by striking ``paragraph (3)''
and inserting ``paragraph (5)'';
(2) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (5), (6), (7), and (8), respectively;
(3) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) The Director of the Federal Bureau of Investigation shall
submit to the head of the department or agency concerned a written
assessment of the potential impact of the actions of the department or
agency on a counterintelligence investigation.
``(B) The head of the department or agency concerned shall--
[[Page 114 STAT. 2854]]
``(i) use an assessment under subparagraph (A) as an aid in
determining whether, and under what circumstances, the subject
of an investigation under paragraph (1) should be left in place
for investigative purposes; and
``(ii) <<NOTE: Notification.>> notify in writing the
Director of the Federal Bureau of Investigation of such
determination.
``(C) The Director of the Federal Bureau of Investigation and the
head of the department or agency concerned shall continue to consult, as
appropriate, to review the status of an investigation covered by this
paragraph, and to reassess, as appropriate, a determination of the head
of the department or agency concerned to leave a subject in place for
investigative purposes.''; and
(4) in paragraph (5), as so redesignated, by striking
``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or
(3)''.
(b) Timely Provision of Information and Consultation on Espionage
Investigations.--Paragraph (2) of that subsection is further amended--
(1) by inserting ``in a timely manner'' after ``through
appropriate channels''; and
(2) by inserting ``in a timely manner'' after ``are
consulted''.
(c) Interference With Full Field Espionage Investigations.--That
subsection is further amended by inserting after paragraph (3), as
amended by subsection (a) of this section, the following new paragraph
(4):
``(4)(A) The <<NOTE: Notification.>> Federal Bureau of Investigation
shall notify appropriate officials within the executive branch,
including the head of the department or agency concerned, of the
commencement of a full field espionage investigation with respect to an
employee within the executive branch.
``(B) A department or agency may not conduct a polygraph
examination, interrogate, or otherwise take any action that is likely to
alert an employee covered by a notice under subparagraph (A) of an
investigation described in that subparagraph without prior coordination
and consultation with the Federal Bureau of Investigation.''.
SEC. 606. ENHANCING PROTECTION OF NATIONAL SECURITY AT THE DEPARTMENT OF
JUSTICE.
(a) Authorization for Increased Resources To Fulfill National
Security Mission of the Department of Justice.--There are authorized to
be appropriated to the Department of Justice for the activities of the
Office of Intelligence Policy and Review to help meet the increased
personnel demands to combat terrorism, process applications to the
Foreign Intelligence Surveillance Court, participate effectively in
counter-espionage investigations, provide policy analysis on national
security issues, and enhance secure computer and telecommunications
facilities--
(1) $7,000,000 for fiscal year 2001;
(2) $7,500,000 for fiscal year 2002; and
(3) $8,000,000 for fiscal year 2003.
(b) Availability of Funds.--(1) No funds authorized to be
appropriated by subsection (a) for the Office of Intelligence Policy and
Review for fiscal years 2002 and 2003 may be obligated or expended until
the date on which the Attorney General submits the report required by
paragraph (2) for the year involved.
(2)(A) <<NOTE: Reports.>> The Attorney General shall submit to the
committees of Congress specified in subparagraph (B) an annual report on
[[Page 114 STAT. 2855]]
the manner in which the funds authorized to be appropriated by
subsection (a) for the Office of Intelligence Policy and Review will be
used by that Office--
(i) to improve and strengthen its oversight of Federal
Bureau of Investigation field offices in the implementation of
orders under the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1801 et seq.); and
(ii) to streamline and increase the efficiency of the
application process under that Act.
(B) The committees of Congress referred to in this subparagraph are
the following:
(i) The Select Committee on Intelligence and the Committee
on the Judiciary of the Senate.
(ii) The Permanent Select Committee on Intelligence and the
Committee on the Judiciary of the House of Representatives.
(3) In <<NOTE: Reports.>> addition to the report required by
paragraph (2), the Attorney General shall also submit to the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives a report that
addresses the issues identified in the semiannual report of the Attorney
General to such committees under section 108(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) that was
submitted in April 2000, including any corrective actions with regard to
such <<NOTE: Classified information.>> issues. The report under this
paragraph shall be submitted in classified form.
(4) Funds made available pursuant to subsection (a), in any fiscal
year, shall remain available until expended.
(c) Report on <<NOTE: Deadline.>> Coordinating National Security and
Intelligence Functions Within the Department of Justice.--The Attorney
General shall report to the committees of Congress specified in
subsection (b)(2)(B) within 120 days on actions that have been or will
be taken by the Department to--
(1) promote quick and efficient responses to national
security issues;
(2) centralize a point-of-contact within the Department on
national security matters for external entities and agencies;
and
(3) coordinate the dissemination of intelligence information
within the appropriate components of the Department and the
formulation of policy on national security issues.
SEC. 607. COORDINATION REQUIREMENTS RELATING TO THE PROSECUTION OF CASES
INVOLVING CLASSIFIED INFORMATION.
The Classified Information Procedures Act (18 U.S.C. App.) is
amended by inserting after section 9 the following new section:
``coordination requirements relating to the prosecution of cases
involving classified information
``Sec. 9A. <<NOTE: 18 USC app. 9A.>> (a) Briefings Required.--The
Assistant Attorney General for the Criminal Division and the appropriate
United States attorney, or the designees of such officials, shall
provide briefings to the senior agency official, or the designee of such
official, with respect to any case involving classified information that
originated in the agency of such senior agency official.
[[Page 114 STAT. 2856]]
``(b) Timing of Briefings.--Briefings under subsection (a) with
respect to a case shall occur--
``(1) as soon as practicable after the Department of Justice
and the United States attorney concerned determine that a
prosecution or potential prosecution could result; and
``(2) at such other times thereafter as are necessary to
keep the senior agency official concerned fully and currently
informed of the status of the prosecution.
``(c) Senior Agency Official Defined.--In this section, the term
`senior agency official' has the meaning given that term in section 1.1
of Executive Order No. 12958.''.
SEC. 608. <<NOTE: 50 USC 1801 note.>> SEVERABILITY.
If any provision of this title (including an amendment made by this
title), or the application thereof, to any person or circumstance, is
held invalid, the remainder of this title (including the amendments made
by this title), and the application thereof, to other persons or
circumstances shall not be affected thereby.
TITLE VII--DECLASSIFICATION <<NOTE: Public Interest Declassification Act
of 2000. Records. Reports. 50 USC 435 note.>> OF INFORMATION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Public Interest Declassification
Act of 2000''.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) It is in the national interest to establish an
effective, coordinated, and cost-effective means by which
records on specific subjects of extraordinary public interest
that do not undermine the national security interests of the
United States may be collected, retained, reviewed, and
disseminated to Congress, policymakers in the executive branch,
and the public.
(2) Ensuring, through such measures, public access to
information that does not require continued protection to
maintain the national security interests of the United States is
a key to striking the balance between secrecy essential to
national security and the openness that is central to the proper
functioning of the political institutions of the United States.
SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) Establishment.--There is established within the executive branch
of the United States a board to be known as the ``Public Interest
Declassification Board'' (in this title referred to as the ``Board'').
(b) Purposes.--The purposes of the Board are as follows:
(1) To advise the President, the Assistant to the President
for National Security Affairs, the Director of the Office of
Management and Budget, and such other executive branch officials
as the Board considers appropriate on the systematic, thorough,
coordinated, and comprehensive identification, collection,
review for declassification, and release to Congress, interested
agencies, and the public of declassified records and materials
(including donated historical materials) that are of
[[Page 114 STAT. 2857]]
archival value, including records and materials of extraordinary
public interest.
(2) To promote the fullest possible public access to a
thorough, accurate, and reliable documentary record of
significant United States national security decisions and
significant United States national security activities in order
to--
(A) support the oversight and legislative functions
of Congress;
(B) support the policymaking role of the executive
branch;
(C) respond to the interest of the public in
national security matters; and
(D) promote reliable historical analysis and new
avenues of historical study in national security
matters.
(3) To provide recommendations to the President for the
identification, collection, and review for declassification of
information of extraordinary public interest that does not
undermine the national security of the United States, to be
undertaken in accordance with a declassification program that
has been established or may be established by the President by
Executive order.
(4) To advise the President, the Assistant to the President
for National Security Affairs, the Director of the Office of
Management and Budget, and such other executive branch officials
as the Board considers appropriate on policies deriving from the
issuance by the President of Executive orders regarding the
classification and declassification of national security
information.
(c) Membership.--(1) The Board shall be composed of nine individuals
appointed from among citizens of the United States who are preeminent in
the fields of history, national security, foreign policy, intelligence
policy, social science, law, or archives, including individuals who have
served in Congress or otherwise in the Federal Government or have
otherwise engaged in research, scholarship, or publication in such
fields on matters relating to the national security of the United
States, of whom--
(A) five <<NOTE: President.>> shall be appointed by the
President;
(B) one shall be appointed by the Speaker of the House of
Representatives;
(C) one shall be appointed by the majority leader of the
Senate;
(D) one shall be appointed by the minority leader of the
Senate; and
(E) one shall be appointed by the minority leader of the
House of Representatives.
(2)(A) Of the members initially appointed to the Board by the
President--
(i) three shall be appointed for a term of 4 years;
(ii) one shall be appointed for a term of 3 years; and
(iii) one shall be appointed for a term of 2 years.
(B) The members initially appointed to the Board by the Speaker of
the House of Representatives or by the majority leader of the Senate
shall be appointed for a term of 3 years.
(C) The members initially appointed to the Board by the minority
leader of the House of Representatives or the Senate shall be appointed
for a term of 2 years.
[[Page 114 STAT. 2858]]
(D) Any subsequent appointment to the Board shall be for a term of 3
years.
(3) A vacancy in the Board shall be filled in the same manner as the
original appointment. A member of the Board appointed to fill a vacancy
before the expiration of a term shall serve for the remainder of the
term.
(4) A member of the Board may be appointed to a new term on the
Board upon the expiration of the member's term on the Board, except that
no member may serve more than three full terms on the Board.
(d) Chairperson; Executive Secretary.--(1)(A) The President shall
designate one of the members of the Board as the Chairperson of the
Board.
(B) The term of service as Chairperson of the Board shall be 2
years.
(C) A member serving as Chairperson of the Board may be redesignated
as Chairperson of the Board upon the expiration of the member's term as
Chairperson of the Board, except that no member shall serve as
Chairperson of the Board for more than 6 years.
(2) The Director of the Information Security Oversight Office shall
serve as the Executive Secretary of the Board.
(e) Meetings.--The Board shall meet as needed to accomplish its
mission, consistent with the availability of funds. A majority of the
members of the Board shall constitute a quorum.
(f ) Staff.--Any employee of the Federal Government may be detailed
to the Board, with the agreement of and without reimbursement to the
detailing agency, and such detail shall be without interruption or loss
of civil, military, or foreign service status or privilege.
(g) Security.--(1) The members and staff of the Board shall, as a
condition of appointment to or employment with the Board, hold
appropriate security clearances for access to the classified records and
materials to be reviewed by the Board or its staff, and shall follow the
guidance and practices on security under applicable Executive orders and
Presidential or agency directives.
(2) The head of an agency shall, as a condition of granting access
to a member of the Board, the Executive Secretary of the Board, or a
member of the staff of the Board to classified records or materials of
the agency under this title, require the member, the Executive
Secretary, or the member of the staff, as the case may be, to--
(A) execute an agreement regarding the security of such
records or materials that is approved by the head of the agency;
and
(B) hold an appropriate security clearance granted or
recognized under the standard procedures and eligibility
criteria of the agency, including any special access approval
required for access to such records or materials.
(3) The members of the Board, the Executive Secretary of the Board,
and the members of the staff of the Board may not use any information
acquired in the course of their official activities on the Board for
nonofficial purposes.
(4) For purposes of any law or regulation governing access to
classified information that pertains to the national security of the
United States, and subject to any limitations on access arising under
section 706(b), and to facilitate the advisory functions of
[[Page 114 STAT. 2859]]
the Board under this title, a member of the Board seeking access to a
record or material under this title shall be deemed for purposes of this
subsection to have a need to know the contents of the record or
material.
(h) Compensation.--(1) Each member of the Board shall receive
compensation at a rate not to exceed the daily equivalent of the annual
rate of basic pay payable for positions at ES-1 of the Senior Executive
Service under section 5382 of title 5, United States Code, for each day
such member is engaged in the actual performance of duties of the Board.
(2) Members of the Board shall be allowed travel expenses, including
per diem in lieu of subsistence at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business in the
performance of the duties of the Board.
(i) Guidance; Annual Budget.--(1) On behalf of the President, the
Assistant to the President for National Security Affairs shall provide
guidance on policy to the Board.
(2) The Executive Secretary of the Board, under the direction of the
Chairperson of the Board and the Board, and acting in consultation with
the Archivist of the United States, the Assistant to the President for
National Security Affairs, and the Director of the Office of Management
and Budget, shall prepare the annual budget of the Board.
( j) Support.--The Information Security Oversight Office may support
the activities of the Board under this title. Such support shall be
provided on a reimbursable basis.
(k) Public Availability of Records and Reports.--(1) The Board shall
make available for public inspection records of its proceedings and
reports prepared in the course of its activities under this title to the
extent such records and reports are not classified and would not be
exempt from release under the provisions of section 552 of title 5,
United States Code.
(2) In making records and reports available under paragraph (1), the
Board shall coordinate the release of such records and reports with
appropriate officials from agencies with expertise in classified
information in order to ensure that such records and reports do not
inadvertently contain classified information.
(l) Applicability of Certain Administrative Laws.--The provisions of
the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
the activities of the Board under this title. However, the records of
the Board shall be governed by the provisions of the Federal Records Act
of 1950.
SEC. 704. IDENTIFICATION, COLLECTION, AND REVIEW FOR DECLASSIFICATION OF
INFORMATION OF ARCHIVAL VALUE OR EXTRAORDINARY PUBLIC
INTEREST.
(a) Briefings on Agency Declassification Programs.--(1) As requested
by the Board, or by the Select Committee on Intelligence of the Senate
or the Permanent Select Committee on Intelligence of the House of
Representatives, the head of any agency with the authority under an
Executive order to classify information shall provide to the Board, the
Select Committee on Intelligence of the Senate, or the Permanent Select
Committee on Intelligence of the House of Representatives, on an annual
basis, a summary briefing and report on such agency's progress and plans
in the declassification of national security information. Such briefing
shall
[[Page 114 STAT. 2860]]
cover the declassification goals set by statute, regulation, or policy,
the agency's progress with respect to such goals, and the agency's
planned goals and priorities for its declassification activities over
the next 2 fiscal years. Agency briefings and reports shall give
particular attention to progress on the declassification of records and
materials that are of archival value or extraordinary public interest to
the people of the United States.
(2)(A) The annual briefing and report under paragraph (1) for
agencies within the Department of Defense, including the military
departments and the elements of the intelligence community, shall be
provided on a consolidated basis.
(B) In this paragraph, the term ``elements of the intelligence
community'' means the elements of the intelligence community specified
or designated under section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)).
(b) Recommendations on Agency Declassification Programs.--(1) Upon
reviewing and discussing declassification plans and progress with an
agency, the Board shall provide to the head of the agency the written
recommendations of the Board as to how the agency's declassification
program could be improved. A copy of each recommendation shall also be
submitted to the Assistant to the President for National Security
Affairs and the Director of the Office of Management and Budget.
(2) <<NOTE: Public availability.>> Consistent with the provisions of
section 703(k), the Board's recommendations to the head of an agency
under paragraph (1) shall become public 60 days after such
recommendations are sent to the head of the agency under that paragraph.
(c) Recommendations on Special Searches for Records of Extraordinary
Public Interest.--(1) The Board shall also make recommendations to the
President regarding proposed initiatives to identify, collect, and
review for declassification classified records and materials of
extraordinary public interest.
(2) In making recommendations under paragraph (1), the Board shall
consider the following:
(A) The opinions and requests of Members of Congress,
including opinions and requests expressed or embodied in letters
or legislative proposals.
(B) The opinions and requests of the National Security
Council, the Director of Central Intelligence, and the heads of
other agencies.
(C) The opinions of United States citizens.
(D) The opinions of members of the Board.
(E) The impact of special searches on systematic and all
other on-going declassification programs.
(F) The costs (including budgetary costs) and the impact
that complying with the recommendations would have on agency
budgets, programs, and operations.
(G) The benefits of the recommendations.
(H) The impact of compliance with the recommendations on the
national security of the United States.
(d) President's <<NOTE: Publication.>> Declassification
Priorities.--(1) Concurrent with the submission to Congress of the
budget of the President each fiscal year under section 1105 of title 31,
United States Code, the Director of the Office of Management and Budget
shall publish a description of the President's declassification program
and priorities, together with a listing of the funds requested to
implement that program.
[[Page 114 STAT. 2861]]
(2) Nothing in this title shall be construed to substitute or
supersede, or establish a funding process for, any declassification
program that has been established or may be established by the President
by Executive order.
SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND OTHER
INFORMATION.
(a) In General.--Nothing in this title shall be construed to limit
the authority of the head of an agency to classify information or to
continue the classification of information previously classified by that
agency.
(b) Special Access Programs.--Nothing in this title shall be
construed to limit the authority of the head of an agency to grant or
deny access to a special access program.
(c) Authorities of Director of Central Intelligence.--Nothing in
this title shall be construed to limit the authorities of the Director
of Central Intelligence as the head of the intelligence community,
including the Director's responsibility to protect intelligence sources
and methods from unauthorized disclosure as required by section
103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6)).
(d) Exemptions to Release of Information.--Nothing in this title
shall be construed to limit any exemption or exception to the release to
the public under this title of information that is protected under
subsection (b) of section 552 of title 5, United States Code (commonly
referred to as the ``Freedom of Information Act''), or section 552a of
title 5, United States Code (commonly referred to as the ``Privacy
Act'').
(e) Withholding Information From Congress.--Nothing in this title
shall be construed to authorize the withholding of information from
Congress.
SEC. 706. STANDARDS AND PROCEDURES.
(a) Liaison.--(1) The head of each agency with the authority under
an Executive order to classify information and the head of each Federal
Presidential library shall designate an employee of such agency or
library to act as liaison to the Board for purposes of this title.
(2) The Board may establish liaison and otherwise consult with such
other historical and advisory committees as the Board considers
appropriate for purposes of this title.
(b) Limitations <<NOTE: Notification.>> on Access.--(1)(A) Except as
provided in paragraph (2), if the head of an agency or the head of a
Federal Presidential library determines it necessary to deny or restrict
access of the Board, or of the agency or library liaison to the Board,
to information contained in a record or material, in whole or in part,
the head of the agency or the head of the library shall promptly notify
the Board in writing of such determination.
(B) Each notice to the Board under subparagraph (A) shall include a
description of the nature of the records or materials, and a
justification for the determination, covered by such notice.
(2) In the case of a determination referred to in paragraph (1) with
respect to a special access program created by the Secretary of Defense,
the Director of Central Intelligence, or the head of any other agency,
the notification of denial of access under paragraph (1), including a
description of the nature of the Board's request for access, shall be
submitted to the Assistant to the President for National Security
Affairs rather than to the Board.
[[Page 114 STAT. 2862]]
(c) Discretion To Disclose.--At the conclusion of a declassification
review, the head of an agency may, in the discretion of the head of the
agency, determine that the public's interest in the disclosure of
records or materials of the agency covered by such review, and still
properly classified, outweighs the Government's need to protect such
records or materials, and may release such records or materials in
accordance with the provisions of Executive Order No. 12958 or any
successor order to such Executive order.
(d) Discretion To Protect.--At the conclusion of a declassification
review, the head of an agency may, in the discretion of the head of the
agency, determine that the interest of the agency in the protection of
records or materials of the agency covered by such review, and still
properly classified, outweighs the public's need for access to such
records or materials, and may deny release of such records or materials
in accordance with the provisions of Executive Order No. 12958 or any
successor order to such Executive order.
(e) Reports.--(1)(A) Except as provided in paragraph (2), the Board
shall annually submit to the appropriate congressional committees a
report on the activities of the Board under this title, including
summary information regarding any denials to the Board by the head of an
agency or the head of a Federal Presidential library of access to
records or materials under this title.
(B) In this paragraph, the term ``appropriate congressional
committees'' means the Select Committee on Intelligence and the
Committee on Governmental Affairs of the Senate and the Permanent Select
Committee on Intelligence and the Committee on Government Reform of the
House of Representatives.
(2) Notwithstanding paragraph (1), notice that the Board has been
denied access to records and materials, and a justification for the
determination in support of the denial, shall be submitted by the agency
denying the access as follows:
(A) In the case of the denial of access to a special access
program created by the Secretary of Defense, to the Committees
on Armed Services and Appropriations of the Senate and to the
Committees on Armed Services and Appropriations of the House of
Representatives.
(B) In the case of the denial of access to a special access
program created by the Director of Central Intelligence, or by
the head of any other agency (including the Department of
Defense) if the special access program pertains to intelligence
activities, or of access to any information and materials
relating to intelligence sources and methods, to the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives.
(C) In the case of the denial of access to a special access
program created by the Secretary of Energy or the Administrator
for Nuclear Security, to the Committees on Armed Services and
Appropriations and the Select Committee on Intelligence of the
Senate and to the Committees on Armed Services and
Appropriations and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 707. JUDICIAL REVIEW.
Nothing in this title limits the protection afforded to any
information under any other provision of law. This title is not
[[Page 114 STAT. 2863]]
intended and may not be construed to create any right or benefit,
substantive or procedural, enforceable against the United States, its
agencies, its officers, or its employees. This title does not modify in
any way the substantive criteria or procedures for the classification of
information, nor does this title create any right or benefit subject to
judicial review.
SEC. 708. FUNDING.
(a) Authorization of Appropriations.--There is hereby authorized to
be appropriated to carry out the provisions of this title amounts as
follows:
(1) For fiscal year 2001, $650,000.
(2) For each fiscal year after fiscal year 2001, such sums
as may be necessary for such fiscal year.
(b) Funding Requests.--The <<NOTE: President.>> President shall
include in the budget submitted to Congress for each fiscal year under
section 1105 of title 31, United States Code, a request for amounts for
the activities of the Board under this title during such fiscal year.
SEC. 709. DEFINITIONS.
In this title:
(1) Agency.--(A) Except as provided in subparagraph (B), the
term ``agency'' means the following:
(i) An Executive agency, as that term is defined in
section 105 of title 5, United States Code.
(ii) A military department, as that term is defined
in section 102 of such title.
(iii) Any other entity in the executive branch that
comes into the possession of classified information.
(B) The term does not include the Board.
(2) Classified material or record.--The terms ``classified
material'' and ``classified record'' include any correspondence,
memorandum, book, plan, map, drawing, diagram, pictorial or
graphic work, photograph, film, microfilm, sound recording,
videotape, machine readable records, and other documentary
material, regardless of physical form or characteristics, that
has been determined pursuant to Executive order to require
protection against unauthorized disclosure in the interests of
the national security of the United States.
(3) Declassification.--The term ``declassification'' means
the process by which records or materials that have been
classified are determined no longer to require protection from
unauthorized disclosure to protect the national security of the
United States.
(4) Donated historical material.--The term ``donated
historical material'' means collections of personal papers
donated or given to a Federal Presidential library or other
archival repository under a deed of gift or otherwise.
(5) Federal presidential library.--The term ``Federal
Presidential library'' means a library operated and maintained
by the United States Government through the National Archives
and Records Administration under the applicable provisions of
the Federal Records Act of 1950.
(6) National security.--The term ``national security'' means
the national defense or foreign relations of the United States.
[[Page 114 STAT. 2864]]
(7) Records or materials of extraordinary public interest.--
The term ``records or materials of extraordinary public
interest'' means records or materials that--
(A) demonstrate and record the national security
policies, actions, and decisions of the United States,
including--
(i) policies, events, actions, and decisions
which led to significant national security
outcomes; and
(ii) the development and evolution of
significant United States national security
policies, actions, and decisions;
(B) will provide a significantly different
perspective in general from records and materials
publicly available in other historical sources; and
(C) would need to be addressed through ad hoc record
searches outside any systematic declassification program
established under Executive order.
(8) Records of archival value.--The term ``records of
archival value'' means records that have been determined by the
Archivist of the United States to have sufficient historical or
other value to warrant their continued preservation by the
Federal Government.
SEC. 710. EFFECTIVE DATE; SUNSET.
(a) Effective Date.--This title shall take effect on the date that
is 120 days after the date of the enactment of this Act.
(b) Sunset.--The provisions of this title shall expire 4 years after
the date of the enactment of this Act, unless reauthorized by statute.
TITLE VIII--DISCLOSURE <<NOTE: Japanese Imperial Government Disclosure
Act of 2000. Classified information. Records. Reports. 5 USC 552
note.>> OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Japanese Imperial Government
Disclosure Act of 2000''.
SEC. 802. DESIGNATION.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given such
term under section 551 of title 5, United States Code.
(2) Interagency group.--The term ``Interagency Group'' means
the Nazi War Crimes and Japanese Imperial Government Records
Interagency Working Group established under subsection (b).
(3) Japanese imperial government records.--The term
``Japanese Imperial Government records'' means classified
records or portions of records that pertain to any person with
respect to whom the United States Government, in its sole
discretion, has grounds to believe ordered, incited, assisted,
or otherwise participated in the experimentation on, and
persecution of, any person because of race, religion, national
origin, or political opinion, during the period beginning
September 18, 1931, and ending on December 31, 1948, under the
direction of, or in association with--
[[Page 114 STAT. 2865]]
(A) the Japanese Imperial Government;
(B) any government in any area occupied by the
military forces of the Japanese Imperial Government;
(C) any government established with the assistance
or cooperation of the Japanese Imperial Government; or
(D) any government which was an ally of the Japanese
Imperial Government.
(4) Record.--The term ``record'' means a Japanese Imperial
Government record.
(b) Establishment of Interagency Group.--
(1) In general.--Not later
than <<NOTE: Deadline. President.>> 60 days after the date of
the enactment of this Act, the President shall designate the
Working Group established under the Nazi War Crimes Disclosure
Act (Public Law 105-246; 5 U.S.C. 552 note) to also carry out
the purposes of this title with respect to Japanese Imperial
Government records, and that Working Group shall remain in
existence for 3 years after the date on which this title takes
effect. Such Working Group is redesignated as the ``Nazi War
Crimes and Japanese Imperial Government Records Interagency
Working Group''.
(2) Membership.--Section 2(b)(2) of such Act is amended by
striking ``3 other persons'' and inserting ``4 other persons who
shall be members of the public, of whom 3 shall be persons
appointed under the provisions of this Act in effect on October
8, 1998.''.
(c) Functions.--Not later than <<NOTE: Deadline.>> 1 year after the
date of the enactment of this Act, the Interagency Group shall, to the
greatest extent possible consistent with section 803--
(1) <<NOTE: Public availability.>> locate, identify,
inventory, recommend for declassification, and make available to
the public at the National Archives and Records Administration,
all classified Japanese Imperial Government records of the
United States;
(2) coordinate with agencies and take such actions as
necessary to expedite the release of such records to the public;
and
(3) submit a report to Congress, including the Committee on
Government Reform and the Permanent Select Committee on
Intelligence of the House of Representatives, and the Committee
on the Judiciary and the Select Committee on Intelligence of the
Senate, describing all such records, the disposition of such
records, and the activities of the Interagency Group and
agencies under this section.
(d) Funding.--There is authorized to be appropriated such sums as
may be necessary to carry out the provisions of this title.
SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.
(a) Release of Records.--Subject to subsections (b), (c), and (d),
the Japanese Imperial Government Records Interagency Working Group shall
release in their entirety Japanese Imperial Government records.
(b) Exemptions.--An agency head may exempt from release under
subsection (a) specific information, that would--
(1) constitute an unwarranted invasion of personal privacy;
(2) reveal the identity of a confidential human source, or
reveal information about an intelligence source or method when
the unauthorized disclosure of that source or method
[[Page 114 STAT. 2866]]
would damage the national security interests of the United
States;
(3) reveal information that would assist in the development
or use of weapons of mass destruction;
(4) reveal information that would impair United States
cryptologic systems or activities;
(5) reveal information that would impair the application of
state-of-the-art technology within a United States weapon
system;
(6) reveal United States military war plans that remain in
effect;
(7) reveal information that would impair relations between
the United States and a foreign government, or undermine ongoing
diplomatic activities of the United States;
(8) reveal information that would impair the current ability
of United States Government officials to protect the President,
Vice President, and other officials for whom protection services
are authorized in the interest of national security;
(9) reveal information that would impair current national
security emergency preparedness plans; or
(10) violate a treaty or other international agreement.
(c) Applications of Exemptions.--
(1) In general.--In applying the exemptions provided in
paragraphs (2) through (10) of subsection (b), there shall be a
presumption that the public interest will be served by
disclosure and release of the records of the Japanese Imperial
Government. The exemption may be asserted only when the head of
the agency that maintains the records determines that disclosure
and release would be harmful to a specific interest identified
in the exemption. An agency head who makes such a determination
shall promptly report it to the committees of Congress with
appropriate jurisdiction, including the Committee on the
Judiciary and the Select Committee on Intelligence of the Senate
and the Committee on Government Reform and the Permanent Select
Committee on Intelligence of the House of Representatives.
(2) Application of title 5.--A determination by an agency
head to apply an exemption provided in paragraphs (2) through
(9) of subsection (b) shall be subject to the same standard of
review that applies in the case of records withheld under
section 552(b)(1) of title 5, United States Code.
(d) Records Related to Investigations or Prosecutions.--This section
shall not apply to records--
(1) related to or supporting any active or inactive
investigation, inquiry, or prosecution by the Office of Special
Investigations of the Department of Justice; or
(2) solely in the possession, custody, or control of the
Office of Special Investigations.
SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL
GOVERNMENT RECORDS.
For purposes of expedited processing under section 552(a)(6)(E) of
title 5, United States Code, any person who was persecuted in the manner
described in section 802(a)(3) and who requests a Japanese Imperial
Government record shall be deemed to have a compelling need for such
record.
[[Page 114 STAT. 2867]]
SEC. 805. EFFECTIVE DATE.
The provisions of this title shall take effect on the date that is
90 days after the date of the enactment of this Act.
Approved December 27, 2000.
LEGISLATIVE HISTORY--H.R. 5630 (H.R. 4392):
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HOUSE REPORTS: Nos. 106-620 accompanying H.R. 4392 (Comm on
Intelligence) and 106-969 accompanying H.R. 4392 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Nov. 13, considered and passed House.
Dec. 6, considered and passed Senate, amended.
Dec. 11, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):
Dec. 27, Presidential statement.
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