[Congressional Record Volume 146, Number 126 (Wednesday, October 11, 2000)]
[House]
[Pages H9709-H9723]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


  CONFERENCE REPORT ON H.R. 4392, INTELLIGENCE AUTHORIZATION ACT FOR 
                            FISCAL YEAR 2001

  Mr. Goss submitted the following conference report and statement on 
the bill (H.R. 4392) 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:

                  Conference Report (H. Rept. 106-969)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4392), 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 having met, after full and 
     free conference, have agreed to recommend and do recommend to 
     their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     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. Prohibition on unauthorized disclosure of classified 
              information.
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.
Sec. 311. National Security Agency voluntary separation.

 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.

[[Page H9710]]

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Contracting authority for the National Reconnaissance Office.
Sec. 502. Role of Director of Central Intelligence in experimental 
              personnel program for certain scientific and technical 
              personnel.
Sec. 503. 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.
       (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.

[[Page H9711]]

     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. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF 
                   CLASSIFIED INFORMATION.

       (a) In General.--Chapter 37 of title 18, United States 
     Code, is amended--
       (1) by redesignating section 798A as section 798B; and
       (2) by inserting after section 798 the following new 
     section 798A:

     ``Sec. 798A. Unauthorized disclosure of classified 
       information

       ``(a) Prohibition.--Whoever, being an officer or employee 
     of the United States, a former or retired officer or employee 
     of the United States, any other person with authorized access 
     to classified information, or any other person formerly with 
     authorized access to classified information, knowingly and 
     willfully discloses, or attempts to disclose, any classified 
     information acquired as a result of such person's authorized 
     access to classified information to a person (other than an 
     officer or employee of the United States) who is not 
     authorized access to such classified information, knowing 
     that the person is not authorized access to such classified 
     information, shall be fined under this title, imprisoned not 
     more than 3 years, or both.
       ``(b) Construction of Prohibition.--Nothing in this section 
     shall be construed to establish criminal liability for 
     disclosure of classified information in accordance with 
     applicable law to the following:
       ``(1) Any justice or judge of a court of the United States 
     established pursuant to article III of the Constitution of 
     the United States.
       ``(2) The Senate or House of Representatives, or any 
     committee or subcommittee thereof, or joint committee 
     thereof, or any Member of Congress.
       ``(3) A person or persons acting on behalf of a foreign 
     power (including an international organization) if the 
     disclosure--
       ``(A) is made by an officer or employee of the United 
     States who has been authorized to make the disclosure; and
       ``(B) is within the scope of such officer's or employee's 
     duties.
       ``(4) Any other person authorized to receive the classified 
     information.
       ``(c) Definitions.--In this section:
       ``(1) The term `authorized', in the case of access to 
     classified information, means having authority or permission 
     to have access to the classified information pursuant to the 
     provisions of a statute, Executive order, regulation, or 
     directive of the head of any department or agency who is 
     empowered to classify information, an order of any United 
     States court, or a provision of any Resolution of the Senate 
     or Rule of the House of Representatives which governs release 
     of classified information by such House of Congress.
       ``(2) The term `classified information' means information 
     or material properly classified and clearly marked or 
     represented, or that the person knows or has reason to 
     believe has been properly classified by appropriate 
     authorities, pursuant to the provisions of a statute or 
     Executive order, as requiring protection against unauthorized 
     disclosure for reasons of national security.
       ``(3) The term `officer or employee of the United States' 
     means the following:
       ``(A) An officer or employee (as those terms are defined in 
     sections 2104 and 2105 of title 5).
       ``(B) An officer or enlisted member of the Armed Forces (as 
     those terms are defined in section 101(b) of title 10).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of that chapter is amended by striking the item 
     relating to section 798A and inserting the following new 
     items:

``798A. Unauthorized disclosure of classified information.
``798B. Temporary extension of section 794.''.

     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.

[[Page H9712]]

       (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.

     SEC. 311. 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

[[Page H9713]]

     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.''.
 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 2 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), 2 Deputy 
     Executive Officers established under subsection (b), and not 
     more than 4 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

[[Page H9714]]

     accountable for the duties assigned to DTS-PO under this 
     subtitle.
       (3) Membership.--
       (A) In general.--The Board shall consist of 3 members as 
     follows:
       (i) The Deputy Director of the Office of Management and 
     Budget.
       (ii) 2 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

[[Page H9715]]

     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. CONTRACTING AUTHORITY FOR THE NATIONAL 
                   RECONNAISSANCE OFFICE.

       (a) In General.--The National Reconnaissance Office 
     (``NRO'') shall negotiate, write, execute, and manage 
     contracts for launch vehicle acquisition or launch that 
     affect or bind the NRO and to which the United States is a 
     party.
       (b) Effective Date.--This section shall apply to any 
     contract described in subsection (a) that is entered into 
     after the date of the enactment of this Act.
       (c) Retroactivity.--This section shall not apply to any 
     contract described in subsection (a) in effect as of the date 
     of the enactment of this Act.

     SEC. 502. 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. 503. 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--

[[Page H9716]]

       (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.

[[Page H9717]]

       (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 four years;
       (ii) one shall be appointed for a term of three years; and
       (iii) one shall be appointed for a term of two 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 three 
     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 two years.
       (D) Any subsequent appointment to the Board shall be for a 
     term of three 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 two 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 six 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 
     two 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:

[[Page H9718]]

       (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 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 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;

[[Page H9719]]

       (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 four 
     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.
       And the Senate agree to the same.
     From the Permanent Select Committee on Intelligence, for 
     consideration of the House bill and the Senate amendment, and 
     modifications committed to conference:
     Porter J. Goss,
     Jerry Lewis,
     Bill McCollum,
     Michael N. Castle,
     Sherwood L. Boehlert,
     C.F. Bass,
     Jim Gibbons,
     Ray LaHood,
     Heather Wilson,
     Julian C. Dixon,
     Sanford D. Bishop, Jr.,
     Norman Sisisky,
     Gary A. Condit,
     Tim Roemer,
     Alcee L. Hastings,
     From the Committee on Armed Services, for consideration of 
     defense tactical intelligence and related activities:
     Floyd Spence,
     Bob Stump,
     Ike Skelton,
                                Managers on the Part of the House.

     Richard C. Shelby,
     Richard G. Lugar,
     Jon Kyl,
     James Inhofe,
     Orrin G. Hatch,
     Pat Roberts,
     Connie Mack,
     From the Committee on Armed Services:
     John Warner,
     Richard H. Bryan,
     Bob Graham,
     John F. Kerry,
     Max Baucus,
     Chuck Robb,
     Frank R. Lautenberg,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 4392) to authorize 
     appropriations for fiscal year 2001 for intelligence and the 
     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, submit the following joint statement to the 
     House and the Senate in explanation of the effect of the 
     action agreed upon by the managers and recommended in the 
     accompanying conference report:
       The managers agree that the congressionally directed 
     actions described in the House

[[Page H9720]]

     bill, the Senate amendment, the respective committee reports, 
     and classified annexes accompanying H.R. 4392 and S. 2507, 
     should be undertaken to the extent that such congressionally 
     directed actions are not amended, altered, or otherwise 
     specifically addressed in either this Joint Explanatory 
     Statement or in the classified annex to the conference report 
     on the bill H.R. 4392.

             Report of the National Commission on Terrorism

       Pursuant to Public Law 105-277, the National Commission on 
     Terrorism, chaired by former Ambassador L. Paul Bremer III, 
     submitted its report to Congress in June 2000. The managers 
     commend the Commission for its effort and contribution on 
     this critical issue.
       Many of the Commission's findings strongly support 
     positions Congress has taken. The Commission report 
     reinforces the assessment by Congress of the scope and 
     evolving nature of the international terrorist threat. The 
     Commission further highlights the managers' view that good 
     intelligence is one of the best tools against international 
     terrorism, and that there is an urgent need to rebuild the 
     NSA.
       The Commission determined that some policies and other 
     restrictions are hindering efforts to counter terrorism. For 
     example, the Commission highlighted--with concern--the 
     complex manner in which the Justice Department implements the 
     Foreign Intelligence Surveillance Act (FISA). It noted, 
     however, that the Attorney General managed to streamline the 
     Department's processes for considering FISA warrants-still in 
     a manner fully consistent with the law-in order to address 
     the myriad terrorist threats during the millennium period. 
     The Commission noted that the United States government was 
     much more effective in pursuing terrorists during that 
     period. The managers appreciate the Commission's support for 
     the efforts of all involved in countering the millennium 
     threats.
       The Commission recommended the elimination of the 1995 DCI 
     guidelines requiring approvals from CIA headquarters before 
     terrorist informants who have human rights violations in 
     their background can be recruited. The rationale stated by 
     the Commissioners was that it should be understood by all in 
     the Intelligence Community that aggressive recruitment of 
     human intelligence sources is one of the highest priorities. 
     The managers share this priority, and will continue to 
     examine the implementation of these important guidelines. The 
     managers are concerned, however, that there may be intangible 
     impediments to recruitment of such terrorist informants. For 
     instance, there may be some in CIA headquarters who 
     believe that Congress and the American public will not 
     support a CIA relationship with a ``terrorist organization 
     insider,'' or close associates of terrorists, even though 
     such persons may often be in the best or only position to 
     provide valuable counterterrorism intelligence. The 
     managers applaud the determined effort of the CIA to 
     ensure that all case officers understand the commitment of 
     the Agency to the recruitment of persons with access to 
     information on terrorist organizations or access to the 
     organizations themselves. The managers also insist that 
     appropriate recruitment of such sources receives the 
     continued and necessary support from CIA management at all 
     levels.
       Unquestionably, a robust and effective intelligence effort 
     will, from time to time, require U.S. interaction with 
     extremely dangerous and truly unsavory characters. After all, 
     it is an unfortunate matter of fact that individuals with 
     reputable backgrounds rarely yield the key intelligence leads 
     that are critical to the counterterrorist efforts of the 
     United States.
       The managers strongly support an aggressive 
     counterterrorism program, and urge all intelligence officers 
     to continue their heroic efforts to deter terrorist 
     activities against U.S. citizens and interests at home and 
     around the world.

                    Title I--Intelligence Activities


               SEC. 101. AUTHORIZATION FOR APPROPRIATIONS

       Section 101 of the conference report lists the departments, 
     agencies, and other elements of the United States government 
     for whose intelligence and intelligence-related activities 
     the Act authorizes appropriations for fiscal year 2001. 
     Section 101 is identical to section 101 of the House bill and 
     section 101 of the Senate amendment.


            SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS

       Section 102 of the conference report makes clear that the 
     details of the amounts authorized to be appropriated for 
     intelligence and intelligence-related activities and 
     applicable personnel ceilings covered under this title for 
     fiscal year 2001 are contained in a classified Schedule of 
     Authorizations. The classified Schedule of Authorizations is 
     incorporated into the Act by this section. 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 classified annex provides the details 
     of the Schedule. Section 102 is identical to section 102 of 
     the House bill and section 102 of the Senate amendment.


                SEC. 103. PERSONNEL CEILING ADJUSTMENTS

       Section 103 of the conference report authorizes the 
     Director of Central Intelligence, with the approval of the 
     Director of the Office of Management and Budget, in fiscal 
     year 2001 to authorize employment of civilian personnel in 
     excess of the personnel ceilings applicable to the components 
     of the Intelligence Community under section 102 by an amount 
     not to exceed two percent of the total of the ceilings 
     applicable under section 102. The Director of Central 
     Intelligence may exercise this authority only if necessary to 
     the performance of important intelligence functions. Any 
     exercise of this authority must be reported to the 
     intelligence committees of the Congress.
       The managers emphasize that the authority conferred by 
     section 103 is not intended to permit wholesale increases in 
     personnel strength in any intelligence component. Rather, the 
     section provides the Director of Central Intelligence with 
     flexibility to adjust personnel levels temporarily for 
     contingencies and for overages caused by an imbalance between 
     hiring of new employees and attrition of current employees. 
     The managers do not expect the Director of Central 
     Intelligence to allow heads of intelligence components to 
     plan to exceed levels set in the Schedule of Authorizations 
     except for the satisfaction of clearly identified hiring 
     needs that are consistent with the authorization of personnel 
     strengths in this bill. In no case is this authority to be 
     used to provide for positions denied by this bill. Section 
     103 is identical to section 103 of the House bill and section 
     103 of the Senate amendment.


                 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT

       Section 104 of the conference report authorizes 
     appropriations for the Community Management Account (CMA) of 
     the Director of Central Intelligence (DCI) and sets the 
     personnel end-strength for the Intelligence Community 
     management staff for fiscal year 2001.
       Subsection (a) authorizes appropriations of $163, 231,000 
     for fiscal year 2001 for the activities of the CMA of the 
     DCI. This amount includes funds identified for the Advanced 
     Research and Development Committee and the Advanced 
     Technology Group, which shall remain available until 
     September 30, 2002.
       Subsection (b) authorizes 313 full-time personnel for the 
     Community Management Staff for fiscal year 2001 and provides 
     that such personnel may be permanent employees of the Staff 
     or detailed from various elements of the United States 
     government.
       Subsection (c) authorizes additional appropriations and 
     personnel for the CMA as specified in the classified Schedule 
     of Authorizations and permits these additional amounts to 
     remain available through September 30, 2002.
       Subsection (d) requires that, except as provided in Section 
     113 of the National Security Act of 1947, or for temporary 
     situations of less than one year, personnel from another 
     element of the United States government be detailed to an 
     element of the CMA on a reimbursable basis.
       Subsection (e) authorizes $34,100,000 of the amount 
     authorized in subsection (a) to be made available for the 
     National Drug Intelligence Center (NDIC). Subsection (e) 
     requires the DCI to transfer these funds to the Department of 
     Justice to be used for NDIC activities under the authority of 
     the Attorney General and subject to section 103(d)(1) of the 
     National Security Act. Subsection (e) is similar to 
     subsection (e) of the House bill and subsection (e) of the 
     Senate amendment.
       The managers note that since Fiscal Year 1997 the Community 
     Management Account has included authorization for 
     appropriations for the National Drug Intelligence Center 
     (NDIC). Over that time, the funding level for the NDIC has 
     remained unchanged. The committees periodically have 
     expressed concern about the effectiveness of NDIC and its 
     ability to fulfill the role for which it was created. The 
     managers are encouraged, however, by the NDIC's recent 
     improved performance and by the refocused role for the 
     organization, which was outlined in the Administration's 
     General Counterdrug Intelligence Plan earlier this year. The 
     managers agree to provide $7.1 million over the requested 
     amount for the NDIC and instruct the Director of the NDIC to 
     provide a spending plan to the intelligence committees and to 
     the appropriations committees within 90 days of enactment of 
     this Act.


  SEC. 105. TRANSFER AUTHORITY OF THE DIRECTOR OF CENTRAL INTELLIGENCE

       Section 105 is identical to Section 105 of the House bill. 
     The Senate amendment had no similar provision. The Senate 
     recedes.

 Title II--Central Intelligence Agency Retirement and Disability System


               SEC. 201. AUTHORIZATION OF APPROPRIATIONS

       Section 201 is identical to Section 201 of the Senate 
     amendment and section 201 of the House bill.

                     Title III--General Provisions

                   Subtitle A--Intelligence Community


SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
                                  LAW

       Section 301 is identical to section 301 of the Senate 
     amendment and section 301 of the House bill.


      SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES

       Section 302 is identical to section 302 of the Senate 
     amendment and section 302 of the House bill.


 SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING

       Section 303 is identical to section 303 of the House bill. 
     The Senate amendment had no similar provision. The Senate 
     recedes to the House provision.

[[Page H9721]]

    SEC. 304. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF CLASSIFIED 
                              INFORMATION

       Section 304 is identical to section 303 of the Senate 
     amendment. The House bill had no similar provision. The House 
     recedes.
       Unauthorized disclosures of sensitive intelligence 
     information are of great concern. Such disclosures, 
     regardless of whether they involve an intelligence 
     ``success'' or ``failure,'' can compromise irreplaceable 
     sources and methods, and in some cases, can directly endanger 
     lives.
       The managers note that the current Executive Order 
     governing classified national security information (E.O. 
     12958) requires that, in order to classify information, the 
     original classifying authority must determine that 
     unauthorized disclosure of the information reasonably could 
     be expected to result in damage to the national security and 
     the original classification authority must be able to 
     identify or describe the damage. The managers further note 
     that the current Executive Order specifically prohibits the 
     classification of information in order to conceal violations 
     of law, inefficiency, or administrative error or to prevent 
     embarrassment to the government.
       It is the intent of the managers that the government may 
     meet its burden of proof under this statute by proving that 
     the information was classified under the applicable statute 
     or Executive Order. The government should not be required to 
     prove that damage to the national security actually has or 
     will result from the unauthorized disclosure. Subsection 
     (c)(2) is not intended by the managers to create a defense 
     based on a technical error in the classification markings, or 
     the lack thereof, or to create a right of the defendant to 
     dispute the propriety of the President's classification 
     decision. The managers believe that requiring the government 
     to prove that the classified information is or has been 
     properly classified under an applicable statute or Executive 
     Order strikes the appropriate balance between protecting only 
     that information that would damage the national security if 
     disclosed and not creating a burden of proof that is so great 
     that the government could never meet its burden without 
     having to disclose unnecessarily additional classified 
     information.


        SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER

       Section 305 is similar to Section 304 of the House bill. 
     The Senate amendment had no similar provision. The Senate 
     recedes, with amendment.
       Section 4(b)(3) of the CIA Act of 1949, as amended, 
     provides the DCI with authority to promulgate regulations 
     governing travel requirements for CIA officers and other 
     federal government employees or members of the Armed Services 
     detailed to the CIA.
       Subject to regulation, CIA employees and detailees to the 
     CIA may be permitted to use non-American-flag airlines when 
     it is determined to be essential to satisfy mission 
     requirements. The managers believe that this type of 
     flexibility is necessary for other personnel of the 
     Intelligence Community carrying out intelligence community 
     mission requirements, given the nature of the work of the 
     Intelligence Community. This provision is not intended to 
     supersede the CIA's current regulation relating to this 
     matter. Rather, it is a complementary provision meant to 
     ensure an appropriate level of latitude to the Intelligence 
     Community to carry out the critically important activities in 
     pursuit and defense of the national security.


   SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN ESPIONAGE ON U.S.

       Section 306 is similar to Section 306 of the House bill. 
     The Senate amendment had no similar provision. The Senate 
     recedes, with technical amendment.


   SEC. 307 POW/MIA ANALYTIC CAPABILITY IN THE INTELLIGENCE COMMUNITY

       Section 307 is similar to Section 304 of the Senate 
     amendment. The House bill had no similar provision. The House 
     recedes, with technical modifications.


SEC. 308. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE ACTIVITIES 
   OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS

       Section 308 is identical to Sec. 305 of the Senate 
     amendment. The House had no similar provision. The House 
     recedes.
       The managers note that section 308 applies only to 
     intelligence activities of the United States. By its clear 
     terms, this provision deals solely with the application of 
     U.S. law to U.S. intelligence activities. Unquestionably, it 
     does not address the issue of the lawfulness of such 
     activities under the laws of foreign countries. It is also 
     not meant to suggest that a person violating the laws of the 
     United States may claim any authorization from a foreign 
     government as justification for a violation of a U.S. law, or 
     as a defense in a prosecution for such violation.


    SEC. 309. LIMITS ON HANDLING, RETENTION, AND STORAGE OF CERTAIN 
            CLASSIFIED MATERIALS BY THE DEPARTMENT OF STATE

       Section 309 is identical to Section 306 of the Senate 
     amendment. The House addressed this issue in the classified 
     annex to the report accompanying the bill H.R. 4392, but had 
     no similar statutory proposal. The House recedes.


         SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE

       Section 310 is nearly identical to Section 309 of the 
     Senate amendment. The House had no similar provision. The 
     House recedes, with technical amendments. The managers agreed 
     to technical modifications pertaining to the exact 
     description and location of the parcel of land in Washington, 
     D.C., to be designated in honor of the retiring senior 
     Senator from the State of New York.


    SEC. 311. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION PAY ACT

       Neither the House bill nor the Senate amendment contained 
     similar provisions.
       Section 311 establishes the ``National Security Agency 
     Voluntary Separation Act.'' This provision grants to the 
     Director of the National Security Agency (NSA) the authority 
     to establish a program for early retirement and voluntary 
     separation pay for NSA employees. The provision allows the 
     Director to either offer early retirement for employees who 
     are at least 50 years of age and have 20 years of service, or 
     who have at least 25 years of service, regardless of age. The 
     Director is also permitted to offer $25,000 in separation pay 
     to eligible applicants. The Director is empowered to deny an 
     employee's application for benefit under this section.
       The NSA is in a unique period of transition, the success of 
     which will affect the overall capabilities of the 
     Intelligence Community for the next several decades. The 
     Director of Central Intelligence has claimed that the 
     modernization of NSA is his number one priority. There are 
     several aspects to the NSA modernization effort that range 
     from overhauling technical collection, to restructuring 
     acquisition, to new personnel programs, including major 
     outsourcing initiatives. The Director needs the flexibility 
     to institute whatever personnel changes he deems necessary if 
     NSA modernization is to be successful. This provision will 
     give him that needed flexibility. This section is modeled 
     after the CIA Voluntary Separation Pay Act (Public Law 103-
     36).
       The managers understand that such authority could be seen 
     as setting a precedent, and that other agencies may wish to 
     have such authorities as well. In the managers' view, the 
     situation at NSA is unique, not only in the enormity of the 
     task of modernization, but also in the direct impact on 
     national security should NSA modernization fail. Therefore, 
     the managers believe that this is a necessary step to take 
     for the specific circumstance confronting the NSA.

 Subtitle B--Diplomatic Telecommunications Service Program Office (DTS-
                                  PO)


   SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS SERVICE 
                             PROGRAM OFFICE

       Section 321 reorganizes the Diplomatic Telecommunications 
     Service Program Office (DTS-PO). The managers agree that the 
     current DTS-PO management and Diplomatic Telecommunication 
     Service (DTS) operations structure is fundamentally flawed 
     and believe that a new construct for managing the DTS is 
     necessary. They further agree that retaining the current DTS-
     PO organization, but with a new management approach, is the 
     best means for improving DTS support to all U.S. government 
     users. Funding has been authorized in this legislation for 
     the purposes of overhauling the DTS-PO management and 
     correcting communications and security deficiencies within 
     the DTS.
       The current organizational structure requires that both the 
     DTS-PO Director and Deputy Director concur on technical, 
     funding, and operational issues before actions can be taken. 
     This management-by-consensus approach abrogates the authority 
     of the Director to make final decisions. It is clear to the 
     managers that this management approach is not working, and 
     that the parent organizations inherently lack the ability, 
     and the will, to work together to resolve their mutual DTS 
     issues of concern. Further, it is clear to the managers that 
     the Office of Management and Budget has been frustrated in 
     its obligations to ensure that executive branch organizations 
     work together. Of significant concern is that, as currently 
     operated, DTS-PO has exhibited substantial interruptions in 
     service and presents serious security concerns for the 
     protection of sensitive government communications. Because of 
     these concerns, the managers, and the Chairmen and Ranking 
     Minority Members of the other committees of jurisdiction, 
     believe that a new management structure for DTS-PO is 
     required and decidedly overdue. Similarly, they are of the 
     view that a transition to a more modern and effective 
     telecommunications system, based on commercial best-business 
     practices, is warranted.


      SEC. 322. CHIEF EXECUTIVE OFFICER AND OTHER DTS-PO PERSONNEL

       Section 322 establishes the position of Chief Executive 
     Officer (CEO) and a DTS board of directors. The CEO is to be 
     ultimately responsible for the management of the DTS-PO and 
     operation of the DTS. The managers direct the OMB to recruit 
     and hire a communications professional from outside the DTS-
     PO and the U.S. government for appointment as the CEO. This 
     appointment is to be made no later than May 1, 2001. The CEO 
     is granted the authorities necessary for managing, ensuring 
     funding for, and operating the DTS, the DTS-PO, and their 
     personnel. It is the managers' intent that the CEO will be 
     the final decision authority for implementing necessary 
     changes to the DTS, and for managing all communications, 
     technology, and security upgrades to satisfy DTS United 
     States user requirements. The managers further direct the CEO 
     to certify that the operational and security requirements and 
     practices of DTS conform to the highest security requirements 
     and practices required

[[Page H9722]]

     by any U.S. government agency utilizing the DTS.
       Consistent with 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), the CEO shall: (1) ensure that those 
     enhancements of, and the provision of service for, 
     telecommunications capabilities that involve the national 
     security interests of the United States receive the highest 
     prioritization; (2) confirm the termination of all leases for 
     satellite systems located at posts in criteria countries, 
     unless all maintenance and servicing of the satellite system 
     is undertaken by United States citizens who have received 
     appropriate security clearances; and (3) implement a system 
     of charges for utilization of bandwidth by all participating 
     agencies, and institute a comprehensive charge-back system to 
     recover all, or substantially all, of the other costs of 
     telecommunications services provided through the DTS to each 
     agency.
       Beginning August 1, 2001, and every six months thereafter, 
     the CEO shall submit a report to the oversight committees 
     regarding the activities of DTS-PO during the preceding six 
     months, the current capabilities of DTS-PO, and the 
     priorities of DTS-PO for the subsequent six month period. The 
     semi-annual report shall include a discussion of any 
     administrative, budgetary, legislative, or management issues 
     that hinder the ability of DTS-PO to fulfill its mandate.
       Upon the appointment of a CEO on May 1, 2001, the current 
     positions of Director and Deputy Director of DTS-PO shall be 
     eliminated. To assist the CEO, and to perform such duties as 
     the CEO may require, there shall be two Deputy Executive 
     Officers. The DTS-PO management staff will consist of not 
     more than four other employees. The Director of the Office of 
     Management and Budget (OMB) shall prescribe the rates of 
     basic pay for the CEO, the two Deputy Executive Officers, and 
     any other DTS-PO employees.


    SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT BOARD

       Section 323 establishes a Diplomatic Telecommunications 
     Service Oversight Board (``the Board''). The Board shall 
     perform an oversight function with respect to DTS, DTS-PO, 
     and the CEO. Specifically, the Board shall be empowered to 
     review and approve: overall strategies, policies and goals 
     established by DTS-PO; financial plans, budgets and periodic 
     financing requests developed by DTS-PO; overall performance 
     relative to approved budget plans; any DTS-PO reports, 
     documents, and records; and audits of DTS-PO. The CEO will be 
     responsible to this three-member board, which will be chaired 
     by the Deputy Director of OMB. The two other board members 
     shall be appointed by the President, as indicated in the 
     classified annex to this bill. Decisions and directives of 
     the Board shall require a majority vote of the Board. 
     Although the Board will exercise oversight of, and provide 
     management direction to, the CEO, the managers have 
     authorized the CEO to control the day-to-day management and 
     operations of DTS-PO and the DTS.


        SEC. 324. REPORTING REQUIREMENTS AND GENERAL PROVISIONS

       Section 324 requires that the Director of the OMB submit a 
     report to the oversight committees not later than March 1, 
     2001. This report shall provide details on steps taken by the 
     executive branch to restructure DTS-PO's management, to 
     enhance the security practices of agencies participating in 
     the DTS, and to develop a spending plan for the additional 
     funds provided for the operation and improvement of DTS for 
     fiscal year 2001.
       The managers have determined that the most flexible 
     procurement authority available to DTS-PO users shall be 
     available to the DTS-PO. The notification requirements of 
     sections 502, 504, and 505 of the National Security Act of 
     1947, as amended (50 U.S.C. 413a, 414, and 415, respectively) 
     shall apply to DTS-PO, the CEO, and the Board.
       It is the intent of Congress that the CEO shall have total 
     and immediate insight into the complete operations of current 
     and future DTS-PO and DTS operations. The managers expect the 
     Secretary of State and the head of the other agency users to 
     ensure this access. Likewise, Congress intends that the CEO 
     can request the assistance of the Inspectors General of any 
     agency user of the DTS and DTS-PO. The CEO should receive all 
     reports from the IGs that relate to security of applicable 
     overseas facilities and the DTS.
       It is the intent of Congress that the Secretary of State, 
     and the head of any other agency user of DTS, shall support 
     the decisions and recommendations of the CEO in keeping with 
     the current operation and transition of the DTS system. The 
     CEO is expected to report any difficulties or obstacles 
     presented by the agency users of the DTS in the 
     implementation of these provisions.

                 Title IV--Central Intelligence Agency


   SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE AGENCY'S CENTRAL 
                            SERVICE PROGRAM

       Section 401 is similar to Section 401 of the House bill and 
     Section 403 of the Senate Amendment. The Senate recedes, with 
     a technical modification.
       There is concern among the managers relating to the costs 
     levied by the Central Services Program upon the Langley 
     Children's Center. These costs, for various and miscellaneous 
     items or services provided by the Central Services Program to 
     the non-profit Center, seem overly burdensome. The Center is 
     of great utility to the dedicated and hard-working parents 
     employed by the CIA. It is the expectation of the managers 
     that the Central Services Program, in an effort to recoup 
     costs, would not impose costs that would have an adverse 
     impact on the continuity of the services provided by the 
     Langley Children's Center.


                    SEC. 402. TECHNICAL CORRECTIONS

       The House bill and the Senate amendment contained similar 
     provisions. The Senate recedes to the House, with technical 
     modifications.


SEC. 403. EXPANSION OF INSPECTOR GENERAL ACTIONS REQUIRING A REPORT TO 
                                CONGRESS

       Section 403 is similar to Section 401 of the Senate 
     amendment. The House had no similar provision. The House 
     recedes, with technical modifications.
       The conferees intend that this additional reporting 
     requirement identified in the new Section 17(d)(3)(B) will 
     arise when an investigation, inspection, or audit carried out 
     by the Inspector General focuses upon the official identified 
     in (i) or (ii), specifically, as opposed to an investigation, 
     inspection, or audit of the office that the official heads, 
     with only incidental references to the official.


  SEC. 404. DETAIL OF EMPLOYEES TO THE NATIONAL RECONNAISSANCE OFFICE

       Section 404 is identical to Section 404 of the Senate 
     amendment. The House had no similar provision. The House 
     recedes. The managers request that the DCI supply the 
     intelligence committees with a report to be submitted 
     annually, beginning October 1, 2001, that includes the number 
     of detailees assigned pursuant to this provision and a 
     description of the positions filled by the detailees.


 SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR ACQUISITION OF LAND

       Section 405 is similar to Section 405 of the Senate 
     amendment. The House had no similar provision. The House 
     recedes, with a technical amendment.


  SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR REIMBURSEMENT FOR 
                    PROFESSIONAL LIABILITY INSURANCE

       Section 406 is identical to Section 406 of the Senate 
     amendment. The House had no similar provision. The House 
     recedes.

         Title V--Department of Defense Intelligence Activities


 SEC. 501. CONTRACTING AUTHORITY FOR THE NATIONAL RECONNAISSANCE OFFICE

       Section 501 is similar to Section 502 of the House bill. 
     The Senate amendment had no similar provision. The Senate 
     recedes, with a technical amendment.


  SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN EXPERIMENTAL 
    PERSONNEL PROGRAM FOR CERTAIN SCIENTIFIC AND TECHNICAL PERSONNEL

       Section 502 is identical to Section 502 of the Senate 
     amendment. The House had no similar provision. The House 
     recedes.


            SEC. 503. MEASUREMENT AND SIGNATURE INTELLIGENCE

       Section 503 is identical to Section 506 of the Senate 
     amendment. The House had no similar provision. The House 
     recedes.

                 Title VI--Counterintelligence Matters


             The ``Counterintelligence Reform Act of 2000''

       Title VI includes Title VI of the Senate amendment. This 
     language is similar to S. 2089, introduced on February 24, 
     2000. The bill was reported by the Senate Select Committee on 
     Intelligence on July 20, 2000 (S. Report No. 106-352). The 
     Senate Judiciary Committee had previously acted favorably 
     upon the bill. The House had no similar provision. The House 
     recedes, with minor modifications.
       Title VI, as passed by the Senate on October 2, 2000, 
     included a limitation on the obligation and expenditure of 
     funds authorized to be appropriated for fiscal year 2001 for 
     the Office of Intelligence Policy and Review (OIPR) within 
     the Department of Justice until two reports were submitted to 
     the appropriate committees. These reports were to describe 
     the use to which the funds would be put in order to improve 
     the efficiency of the FBI and the OIPR in the application and 
     implementation process under the Foreign Intelligence 
     Surveillance Act. In anticipation of passage of the Senate 
     amendment, the Department of Justice submitted a draft 
     version of the required reports to the congressional 
     committees. Given the prompt response, the limitation for the 
     obligation and expenditure of fiscal year 2001 funds is 
     removed. The managers have left in place, however, the 
     similar limitation on funds for fiscal years 2002 and 2003, 
     pending the receipt of the recurring annual report required 
     by section 606(b)(2).

               Title VII--Declassification of Information


              ``The Public Interest Declassification Act''

       Title VII includes Title VIII of the Senate amendment. This 
     title was based on the bills H.R. 3152 and S. 1801, 
     introduced in the House and Senate in the 106th Congress, 
     respectively. The House had no similar provision. The House 
     recedes, with technical amendments.
       Section 701 states that the title may be cited as the 
     ``Public Interest Declassification Act of 2000.'' Section 702 
     makes findings concerning the importance of public access to 
     information that does not require continued

[[Page H9723]]

     protection to maintain the national security interests of the 
     United States. Section 703 establishes a nine-person board to 
     advise the President and other senior executive branch 
     officials on classification and declassification policies, 
     particularly on policies concerning the systematic, thorough, 
     coordinated, and comprehensive review for declassification of 
     records and materials that are of archival value, including 
     records and materials of extraordinary public interest. The 
     Board is also charged with promoting the fullest possible 
     public access to a thorough, accurate, and reliable 
     documentary record of significant US national security 
     decisions and significant US national security activities.
       Section 704 sets forth the requirement that heads of 
     agencies with the authority to classify information must 
     brief the Board on an annual basis, at the request of the 
     Board or the intelligence oversight committees, on such 
     agency's declassification policies and practices. The Board 
     is to provide the agency with its recommendations on how the 
     agency's declassification program could be improved. The 
     Board is also responsible for making recommendations to the 
     President on initiatives to identify, collect, and review for 
     declassification classified records and materials of 
     extraordinary public interest. The section also requires the 
     Director of the Office of Management and Budget to publish a 
     description of the President's declassification program and 
     priorities, together with a listing of funds requested to 
     implement that program, concurrent with the submission to 
     Congress of the President's budget each fiscal year.
       Sections 705, 706, and 707 set forth the standards 
     governing access to and protection of national security 
     information and other information covered under this title. 
     Section 708 provides an authorization of appropriations for 
     the Board. Section 709 sets forth definitions of the terms 
     used in Title VII. The effective date of Title VII is 120 
     days after the date of enactment of the Act. The provisions 
     of the title expire four years after the date of enactment of 
     the Act.

 Title VIII--Disclosure of Information on Japanese Imperial Government


 The ``Nazi War Crimes and Japanese Imperial Government Disclosure Act 
                               of 2000''

       Title VIII is similar to title VII of the Senate amendment, 
     which was identical to the language of H.R. 3561 and S. 1902. 
     The House had no similar provision. The House recedes, with 
     modifications.
       The modifications require that the interagency working 
     group established pursuant to the Nazi War Crimes Disclosure 
     Act of 1999 (P.L. 105-246) be expanded and assigned the 
     responsibility of also carrying out the requirements of this 
     title. The managers decided this was the most cost-effective 
     approach, rather than establishing a new interagency working 
     group.
     From the Permanent Select Committee on Intelligence, for 
     consideration of the House bill and the Senate amendment, and 
     modifications committed to conference:
     Porter J. Goss,
     Jerry Lewis,
     Bill McCollum,
     Michael N. Castle,
     Sherwood L. Boehlert,
     C.F. Bass,
     Jim Gibbons,
     Ray LaHood,
     Heather Wilson,
     Julian C. Dixon,
     Sanford D. Bishop, Jr.,
     Norman Sisisky,
     Gary A. Condit,
     Tim Roemer,
     Alcee L. Hastings,
     From the Committee on Armed Services, for consideration of 
     defense tactical intelligence and related activities:
     Floyd Spence,
     Bob Stump,
     Ike Skelton,
                                Managers on the Part of the House.

     Richard C. Shelby,
     Richard G. Lugar,
     Jon Kyl,
     James Inhofe,
     Orrin G. Hatch,
     Pat Roberts,
     Connie Mack,
     From the Committee on Armed Services:
     John Warner,
     Richard H. Bryan,
     Bob Graham,
     John F. Kerry,
     Max Baucus,
     Chuck Robb,
     Frank R. Lautenberg,
     Managers on the Part of the Senate.

                          ____________________