Summary: S.2089 — 106th Congress (1999-2000)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to Senate amended, 2nd committee reporting (07/20/2000)

Counterintelligence Reform Act of 2000 - Amends the Foreign Intelligence Surveillance Act of 1978 to require the Attorney General, upon the written request of the Director of the Federal Bureau of Investigation (FBI), the Secretary of Defense, the Secretary of State, or the Director of Central Intelligence, to make a personal review of any application for a court order for electronic surveillance of, or for a physical search relating to, anyone who knowingly engages in criminal clandestine intelligence gathering activities, sabotage, or terrorism for or on behalf of a foreign power. Prohibits any delegation of the authority to make such a request, except when the official is disabled or otherwise unavailable to make it. Requires each such official to take appropriate actions in advance to ensure that delegation of such authority is clearly established in the event of disability or unavailability.

(Sec. 2) Modifies procedures regarding the issuance of such a court order approving the electronic surveillance of a foreign power or foreign agent, or related physical search, to authorize the issuing judge to consider past activities of the target (as well as facts and circumstances relating to current or future activities of such target) in determining whether or not probable cause exists for issuance of the order.

(Sec. 4) Requires each semi-annual electronic surveillance report of the Attorney General to specified congressional intelligence committees to describe each criminal case in which information acquired under this Act has been passed for law enforcement purposes or been authorized for use at trial.

Directs the Attorney General to report to specified congressional committees on the authorities and procedures used by the Department of Justice for determining whether or not to disclose information acquired under such Act for law enforcement purposes.

(Sec. 5) Amends the Intelligence Authorization Act for Fiscal Year 1995 to require the FBI Director to submit to the head of the Federal department or agency concerned a written assessment of the potential impact of the actions of the department or agency on a counterintelligence investigation.

Requires the department or agency head to: (1) use the assessment as an aid in determining whether, and under what circumstances, the subject of such an investigation should be left in place for investigative purposes; and (2) notify the FBI Director of such determination. Requires both the FBI Director and the department or agency head to continue to consult to review the status of the investigation and reassess the determination to leave the subject in place for such purposes.

Directs the FBI to 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. Prohibits a department or agency from conducting a polygraph examination, interrogation, or otherwise taking any action likely to alert an employee considered a target without prior coordination with the FBI.

(Sec. 6) Authorizes appropriations to the Department of Justice for FY 2001 through 2003 for the activities of the Office of Intelligence Policy and Review to help meet the increased personnel demands to: (1) combat terrorism; (2) process applications to the Foreign Intelligence Surveillance Court; (3) participate effectively in counter-espionage investigations; (4) provide policy analysis on national security issues; and (5) enhance secure computer and telecommunications facilities.

Prohibits any obligation or expenditure of such funds until 30 days after submission of Attorney General reports to specified congressional committees on: (1) the manner in which such funds will be used to improve and strengthen the Office's oversight of FBI field offices in the implementation of orders under the Foreign Intelligence Surveillance Act of 1978, as well as increase the efficiency of the application process; and (2) the issues identified in the Attorney Generals's semiannual report of April 2000, including any corrective actions with regard to such issues.

Requires the Attorney General to report to specified congressional committees on actions that have been or will be taken by the Department of Justice 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. 7) Amends the Classified Information Procedures Act to require the Assistant Attorney General for the Criminal Division and the appropriate U.S. Attorney (or their designees) to provide timely briefings to the senior agency official (or designee) with respect to any case involving classified information that originated in the official's agency.