Text: H.R.5630 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-567 (12/27/2000)

 
[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):
---------------------------------------------------------------------------

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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