[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5630 Enrolled Bill (ENR)]

        H.R.5630

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
 To authorize appropriations for 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 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.
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.
        (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 
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 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 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.
    ``(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.

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. (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.
    ``(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.
    ``(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. (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.''.
    (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 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. (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:

             ``TITLE X--ADDITIONAL MISCELLANEOUS PROVISIONS


   ``applicability to united states intelligence activities of federal 
        laws implementing international treaties and agreements

    ``Sec. 1001. (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. 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 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 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 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) 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. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE.

    (a) Findings.--Congress finds that--
        (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;
        (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. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS SERVICE 
              PROGRAM OFFICE.

    (a) Reorganization.--Effective 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. PERSONNEL.

    (a) Establishment of Position of Chief Executive Officer.--
        (1) In general.--Effective 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.
            (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 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.
                (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 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. 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.
        (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 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. GENERAL PROVISIONS.

    (a) Report to 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.
        (7) A spending plan for the additional funds provided for the 
    operation and improvement of DTS for fiscal year 2001.
    (b) Notification 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--
        (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) 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. 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
        ``(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 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 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. 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.

         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.

    If the 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 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 MATTERS

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Counterintelligence Reform Act of 
2000''.

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) 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):
    ``(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 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 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 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--
        ``(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) 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 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) The Attorney General shall submit to the committees of 
Congress specified in subparagraph (B) an annual report on 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 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 
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 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. (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.
    ``(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. 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 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 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 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.
    (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 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 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) 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 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.
    (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 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.
    (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 
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 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.
        (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 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--
            (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 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 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) 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 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.

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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.