[Congressional Record Volume 146, Number 145 (Monday, November 13, 2000)]
[House]
[Pages H11852-H11865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2001--VETO MESSAGE FROM 
                   THE PRESIDENT OF THE UNITED STATES

  The SPEAKER pro tempore laid before the House the following veto 
message from the President of the United States:

To the House of Representatives:
  Today, I am disapproving H.R. 4392, the ``Intelligence Authorization 
Act for Fiscal Year 2001,'' because of one badly flawed provision that 
would have made a felony of unauthorized disclosures of classified 
information. Although well intentioned, that provision is overbroad and 
may unnecessarily chill legitimate activities that are at the heart of 
a democracy.
  I agree that unauthorized disclosures can be extraordinarily harmful 
to United States national security interests and that far too many such 
disclosures occur. I have been particularly concerned about their 
potential effects on the sometimes irreplaceable intelligence sources 
and methods on which we rely to acquire accurate and timely information 
I need in order to make the most appropriate decisions on matters of 
national security. Unauthorized disclosures damage our intelligence 
relationships abroad, compromise intelligence gathering, jeopardize 
lives, and increase the threat of terrorism. As Justice Steward stated 
in the Pentagon Papers case, ``it is elementary that the successful 
conduct of international diplomacy and the maintenance of an effective 
national defense require both confidentiality and secrecy. Other 
nations can hardly deal with this Nation in an atmosphere of mutual 
trust unless they can be assured that their confidences will be kept . 
. . and the development of considered and intelligent international 
policies would be impossible if those charged with their formulation 
could not communicate with each other freely.'' Those who disclose 
classified information inappropriately thus commit a gross breach of 
the public trust and may recklessly put our national security at risk. 
To the extent that existing sanctions have proven insufficient to 
address and deter unauthorized disclosures, they should be 
strengthened. What is in dispute is not the gravity of the problem, but 
the best way to respond to it.
  In addressing this issue, we must never forget that the free flow of 
information is essential to a democratic society. Justice Stewart also 
wrote in the Pentagon Papers case that ``the only effective restraint 
upon executive policy in the areas of national defense and 
international affairs may lie in an enlightened citizenry--in an 
informed and critical public opinion which alone can here protect the 
values of democratic government.''
  Justice Brandeis reminded us that ``those who won our independence 
believed . . . that public discussion is a political duty; and that 
this should be a fundamental principle of the American government,'' 
His words caution that we must always tread carefully when considering 
measures that may limit public discussion--even when those measures are 
intended to achieve laudable, indeed necessary, goals.
  As President, therefore, it is my obligation to protect not only our 
Government's vital information from improper disclosure, but also to 
protect the rights of citizens to receive the information necessary for 
democracy to work. Furthering these two goals requires a careful 
balancing, which must be assessed in light of our system of classifying 
information over a range of categories. This legislation does not 
achieve the proper balance. For example, there is a serious risk that 
this legislation would tend to have a chilling effect on those who 
engage in legitimate activities. A desire to avoid the risk that their 
good faith choice of words--their exercise of judgment--could become 
the subject of a criminal referral for prosecution might discourage 
Government officials from engaging even in appropriate public 
discussion, press briefings, or other legitimate official activities. 
Similarly, the legislation may unduly restrain the ability of former 
Government officials to teach, write, or engage in any activity aimed 
at building public understanding of complex issues. Incurring such 
risks is unnecessary and inappropriate in a society built on freedom of 
expression and the consent of the governed and is particularly 
inadvisable in a context in which the range of classified materials is 
so extensive. In such circumstances, this criminal provision would, in 
my view, create an undue chilling effect.
  The problem is compounded because this provision was passed without 
benefit of public hearings--a particular concern given that is is the 
public that this law seeks ultimately to protect. The Administration 
shares the process burden since its deliberations lacked the 
thoroughness this provision warranted, which in turn led to a failure 
to apprise the Congress of the concerns I am expressing today.
  I deeply appreciate the sincere efforts of Members of Congress to 
address

[[Page H11853]]

the problem of unauthorized disclosures and I fully share their 
commitment. When the Congress returns, I encourage it to send me this 
bill with this provision deleted and I encourage the Congress as soon 
as possible to pursue a more narrowly drawn provision tested in public 
hearings so that those they represent can also be heard on this 
important issue.
  Since the adjournment of the congress has prevented my return of H.R. 
4392 within the meaning of Article I, section 7, clause 2 of the 
Constitution, my withholding of approval from the bill precludes its 
becoming law. The Pocket Veto Case, 279 U.S. 655 (1929). In addition to 
withholding my signature and thereby invoking my constitutional power 
to ``pocket veto'' bills during an adjournment of the Congress, to 
avoid litigation, I am also sending H.R. 4392 to the House of 
Representatives with my objections, to leave no possible doubt that I 
have vetoed the measure.
                                                  William J. Clinton.  
                                     The White House, November 4, 2000.

                              {time}  1845

  The SPEAKER pro tempore (Mr. Pease). The objections of the President 
will be spread at large upon the Journal, and the veto message and the 
bill will be printed as a House document.
  On September 19, 2000, the Speaker inserted in the Extensions of 
Remarks portion of the Record a copy of a letter dated September 7, 
2000, signed jointly by him and the Democratic leader and addressed to 
the President of the United States, expressing their views on the 
limits of the ``pocket-veto'' power and including a similar letter from 
Speaker Foley and Republican leader Michel sent to President Bush on 
November 21, 1989. Without objection, that correspondence is reinserted 
at this point in the Record, since no response has been received to the 
September 7, 2000, letter and the same assertion by the President of 
``pocket-veto'' power during an intrasession adjournment of Congress to 
a day certain is contained in the veto message just read to the House.
                                    Congress of the United States,


                                     House of Representatives,

                                Washington, DC, September 7, 2000.
     Hon. William J. Clinton,
     The President, The White House, Washington, DC.
       Dear Mr. President: This is in response to your actions on 
     H.R. 4810, the Marriage Tax Relief Reconciliation Act of 
     2000, and H.R. 8, the Death Tax Elimination Act of 2000. On 
     August 5, 2000, you returned H.R. 4810 to the House of 
     Representatives without your approval and with a message 
     stating your objections to its enactment. On August 31, 2000, 
     you returned H.R. 8 to the House of Representatives without 
     your approval and with a message stating your objections to 
     its enactment. In addition, however, in both cases you 
     included near the end of your message the following:
       Since the adjournment of the Congress has prevented my 
     return of [the respective bill] within the meaning of Article 
     I, section 7, clause 2 of the Constitution, my withholding of 
     approval from the bill precludes its becoming law. The Pocket 
     Veto Case, 279 U.S. 655 (1929). In addition to withholding my 
     signature and thereby invoking my constitutional power to 
     ``pocket veto'' bills during an adjournment of the Congress, 
     to avoid litigation, I am also sending [the respective bill] 
     to the House of Representatives with my objections, to leave 
     no possible doubt that I have vetoed the measure.
       President Bush similarly asserted a pocket-veto authority 
     during an intersession adjournment with respect to H.R. 2712 
     of the 101st Congress but, by nevertheless returning the 
     enrollment, similarly permitted the Congress to reconsider it 
     in light of his objections, as contemplated by the 
     Constitution. Your allusion to the existence of a pocket-veto 
     power during even an intrasession adjournment continues to be 
     most troubling. We find that assertion to be inconsistent 
     with the return-veto that it accompanies. We also find that 
     assertion to be inconsistent with your previous use of the 
     return-veto under similar circumstances but without similar 
     dictum concerning the pocket-veto. On January 9, 1996, you 
     stated your disapproval of H.R. 4 of the 104th Congress and, 
     on January 10, 1996--the tenth Constitutional day after its 
     presentment--returned the bill to the Clerk of the House. At 
     the time, the House stood adjourned to a date certain 12 days 
     hence. Your message included no dictum concerning the pocket-
     veto.
       We enclose a copy of a letter dated November 21, 1989, from 
     Speaker Foley and Minority Leader Michel to President Bush. 
     That letter expressed the profound concern of the bipartisan 
     leaderships over the assertion of a pocket veto during an 
     intrasession adjournment. That letter states in pertinent 
     part that ``[s]uccessive Presidential administrations since 
     1974 have, in accommodation of Kennedy v. Sampson, exercised 
     the veto power during intrasession adjournments only by 
     messages returning measures to the Congress.'' It also states 
     our belief that it is not ``constructive to resurrect 
     constitutional controversies long considered as settled, 
     especially without notice or consultation.'' The Congress, on 
     numerous occasions, has reinforced the stance taken in that 
     letter by including in certain resolutions of adjournment 
     language affirming to the President the absence of ``pocket 
     veto'' authority during adjournments between its first and 
     second sessions. The House and the Senate continue to 
     designate the Clerk of the House and the Secretary of the 
     Senate, respectively, as their agents to receive messages 
     from the President during periods of adjournment. Clause 2(h) 
     of rule II, Rules of the House of Representatives; House 
     Resolution 5, 106th Congress, January 6, 1999; the standing 
     order of the Senate of January 6, 1999. In Kennedy v. 
     Sampson, 511 F.2d 430 (D.C. Cir. 1974), the court held that 
     the ``pocket veto'' is not constitutionally available during 
     an intrasession adjournment of the Congress if a 
     congressional agent is appointed to receive veto messages 
     from the President during such adjournment.
       On these premises we find your assertion of a pocket veto 
     power during an intrasession adjournment extremely 
     troublesome. Such assertions should be avoided, in 
     appropriate deference to such judicial resolution of the 
     question as has been possible within the bounds of 
     justifiability.
       Meanwhile, citing the precedent of January 23, 1990, 
     relating to H.R. 2712 of the 101st Congress, the House 
     yesterday treated both H.R. 4810 and H.R. 8 as having been 
     returned to the originating House, their respective returns 
     not having been prevented by an adjournment within the 
     meaning of article I, section 7, clause 2 of the 
     Constitution.
           Sincerely,
                                                J. Dennis Hastert,
                                                          Speaker.
                                              Richard A. Gephardt,
     Democratic Leader.
                                  ____



                                Congress of the United States,

                                Washington, DC, November 21, 1989.
     Hon. George Bush,
     President of the United States, The White House, Washington, 
         DC.
       Dear Mr. President: This is in response to your action on 
     House Joint Resolution 390. On August 16, 1989, you issued a 
     memorandum of disapproval asserting that you would ``prevent 
     H.J. Res. 390 from becoming a law by withholding (your) 
     signature from it.'' You did not return the bill to the House 
     of Representatives.
       House Joint Resolution 390 authorized a ``hand enrollment'' 
     of H.R. 1278, the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989, by waiving the requirement that 
     the bill be printed on parchment. The hand enrollment option 
     was requested by the Department of the Treasury to insure 
     that the mounting daily costs of the savings-and-loan crisis 
     could be stemmed by the earliest practicable enactment of 
     H.R. 1278. In the end, a hand enrollment was not necessary 
     since the bill was printed on parchment in time to be 
     presented to you in that form.
       We appreciate your judgment that House Joint Resolution 390 
     was, in the end, unnecessary. We believe, however, that you 
     should communicate any such veto by a message returning the 
     resolution to the Congress since the intrasession pocket veto 
     is constitutionally infirm.
       In Kennedy v. Sampson, the United States Court of Appeals 
     held that ``pocket veto'' is not constitutionally available 
     during an intrasession adjournment of the Congress if a 
     congressional agent is appointed to receive veto messages 
     from the President during such adjournment. 511 F.2d 430 
     (D.C. Cir. 1974). In the standing rules of the House, the 
     Clerk is duly authorized to receive messages from the 
     President at any time that the House is not in session. 
     (Clause 5, Rule III, Rules of the House of Representatives; 
     House Resolution 5, 101st Congress, January 3, 1989.)
       Successive Presidential administrations since 1974 have, in 
     accommodation of Kennedy v. Sampson, exercised the veto power 
     during intrasession adjournments only by messages returning 
     measures to the Congress.
       We therefore find your assertion of a pocket veto power 
     during an intrasession adjournment extremely troublesome. We 
     do not think it constructive to resurrect constitutional 
     controversies long considered as settled, especially without 
     notice of consultation. It is our hope that you might join us 
     in urging the Archivist to assign a public law number to 
     House Joint Resolution 390, and that you might eschew the 
     notion of an intrasession pocket veto power, in appropriate 
     deference to the judicial resolution of that question.
           Sincerely,
                                                  Thomas S. Foley,
                                                          Speaker.
                                                 Robert H. Michel,
                                                Republican Leader.

  There was no objection.
  Mr. GOSS. Mr. Speaker, I ask unanimous consent that the message, 
together with the accompanying bill, be referred to the Permanent 
Select Committee on Intelligence.

[[Page H11854]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. GOSS. Mr. Speaker, I ask unanimous consent that the House 
discharge the Permanent Select Committee on Intelligence from further 
consideration of, and hereby pass, H.R. 5630.
  The Clerk read the title of the bill.
  The text of H.R. 5630 is as follows:

                               H.R. 5630

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2001''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community management account.
Sec. 105. Transfer authority of the Director of Central Intelligence.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                     TITLE III--GENERAL PROVISIONS

                   Subtitle A--Intelligence Community

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of the Congress on intelligence community contracting.
Sec. 304. National Security Agency voluntary separation.
Sec. 305. Authorization for travel on any common carrier for certain 
              intelligence collection personnel.
Sec. 306. Update of report on effects of foreign espionage on United 
              States trade secrets.
Sec. 307. POW/MIA analytic capability within the intelligence 
              community.
Sec. 308. Applicability to lawful United States intelligence activities 
              of Federal laws implementing international treaties and 
              agreements.
Sec. 309. Limitation on handling, retention, and storage of certain 
              classified materials by the Department of State.
Sec. 310. Designation of Daniel Patrick Moynihan Place.

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

Sec. 321. Reorganization of Diplomatic Telecommunications Service 
              Program Office.
Sec. 322. Personnel.
Sec. 323. Diplomatic Telecommunications Service Oversight Board.
Sec. 324. General provisions.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Modifications to Central Intelligence Agency's central 
              services program.
Sec. 402. Technical corrections.
Sec. 403. Expansion of Inspector General actions requiring a report to 
              Congress.
Sec. 404. Detail of employees to the National Reconnaissance Office.
Sec. 405. Transfers of funds to other agencies for acquisition of land.
Sec. 406. Eligibility of additional employees for reimbursement for 
              professional liability insurance.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. 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 (House Report 106-
     969).
       (b) Availability of Classified Schedule of 
     Authorizations.--The Schedule of Authorizations shall be made 
     available to the Committees on Appropriations of the Senate 
     and House of Representatives and to the President. The 
     President shall provide for suitable distribution of the 
     Schedule, or of appropriate portions of the Schedule, within 
     the executive branch.

     SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

       (a) Authority for Adjustments.--With the approval of the 
     Director of the Office of Management and Budget, the Director 
     of Central Intelligence may authorize employment of civilian 
     personnel in excess of the number authorized for fiscal year 
     2001 under section 102 when the Director of Central 
     Intelligence determines that such action is necessary to the 
     performance of important intelligence functions, except that 
     the number of personnel employed in excess of the number 
     authorized under such section may not, for any element of the 
     intelligence community, exceed 2 percent of the number of 
     civilian personnel authorized under such section for such 
     element.
       (b) Notice to Intelligence Committees.--The Director of 
     Central Intelligence shall promptly notify the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives and the Select Committee on Intelligence of 
     the Senate whenever the Director exercises the authority 
     granted by this section.

     SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Community Management Account of 
     the Director of Central Intelligence for fiscal year 2001 the 
     sum of $163,231,000. Within such amount, funds identified in 
     the classified Schedule of Authorizations referred to in 
     section 102(a) for the Advanced Research and Development 
     Committee shall remain available until September 30, 2002.
       (b) Authorized Personnel Levels.--The elements within the 
     Community Management Account of the Director of Central 
     Intelligence are authorized 313 full-time personnel as of 
     September 30, 2001. Personnel serving in such elements may be 
     permanent employees of the Community Management Account or 
     personnel detailed from other elements of the United States 
     Government.
       (c) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Community 
     Management Account by subsection (a), there are also 
     authorized to be appropriated for the Community Management 
     Account for fiscal year 2001 such additional amounts as are 
     specified in the classified Schedule of Authorizations 
     referred to in section 102(a). Such additional amounts shall 
     remain available until September 30, 2002.
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Community Management Account as of September 30,

[[Page H11855]]

     2001, there are hereby authorized such additional personnel 
     for such elements as of that date as are specified in the 
     classified Schedule of Authorizations.
       (d) Reimbursement.--Except as provided in section 113 of 
     the National Security Act of 1947 (50 U.S.C. 404h), during 
     fiscal year 2001, any officer or employee of the United 
     States or a member of the Armed Forces who is detailed to the 
     staff of the Community Management Account from another 
     element of the United States Government shall be detailed on 
     a reimbursable basis, except that any such officer, employee, 
     or member may be detailed on a nonreimbursable basis for a 
     period of less than 1 year for the performance of temporary 
     functions as required by the Director of Central 
     Intelligence.
       (e) National Drug Intelligence Center.--
       (1) In general.--Of the amount authorized to be 
     appropriated in subsection (a), $34,100,000 shall be 
     available for the National Drug Intelligence Center. Within 
     such amount, funds provided for research, development, test, 
     and evaluation purposes shall remain available until 
     September 30, 2002, and funds provided for procurement 
     purposes shall remain available until September 30, 2003.
       (2) Transfer of funds.--The Director of Central 
     Intelligence shall transfer to the Attorney General funds 
     available for the National Drug Intelligence Center under 
     paragraph (1). The Attorney General shall utilize funds so 
     transferred for the activities of the National Drug 
     Intelligence Center.
       (3) Limitation.--Amounts available for the National Drug 
     Intelligence Center may not be used in contravention of the 
     provisions of section 103(d)(1) of the National Security Act 
     of 1947 (50 U.S.C. 403-3(d)(1)).
       (4) Authority.--Notwithstanding any other provision of law, 
     the Attorney General shall retain full authority over the 
     operations of the National Drug Intelligence Center.

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

       (a) Limitation on Delegation of Authority of Departments To 
     Object to Transfers.--Section 104(d)(2) of the National 
     Security Act of 1947 (50 U.S.C. 403-4(d)(2)) is amended--
       (1) by inserting ``(A)'' after ``(2)'';
       (2) by redesignating subparagraphs (A), (B), (C), (D), and 
     (E) as clauses (i), (ii), (iii), (iv), and (v), respectively;
       (3) in clause (v), as so redesignated, by striking ``the 
     Secretary or head'' and inserting ``subject to subparagraph 
     (B), the Secretary or head''; and
       (4) by adding at the end the following new subparagraph:
       ``(B)(i) Except as provided in clause (ii), the authority 
     to object to a transfer under subparagraph (A)(v) may not be 
     delegated by the Secretary or head of the department 
     involved.
       ``(ii) With respect to the Department of Defense, the 
     authority to object to such a transfer may be delegated by 
     the Secretary of Defense, but only to the Deputy Secretary of 
     Defense.
       ``(iii) An objection to a transfer under subparagraph 
     (A)(v) shall have no effect unless submitted to the Director 
     of Central Intelligence in writing.''.
       (b) Limitation on Delegation of Duties of Director of 
     Central Intelligence.--Section 104(d)(1) of such Act (50 
     U.S.C. 403-4(d)(1)) is amended--
       (1) by inserting ``(A)'' after ``(1)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) The Director may only delegate any duty or authority 
     given the Director under this subsection to the Deputy 
     Director of Central Intelligence for Community Management.''.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 2001 the sum of $216,000,000.

                     TITLE III--GENERAL PROVISIONS

                   Subtitle A--Intelligence Community

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

       Appropriations authorized by this Act for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

     SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this Act shall not 
     be deemed to constitute authority for the conduct of any 
     intelligence activity which is not otherwise authorized by 
     the Constitution or the laws of the United States.

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

       It is the sense of the Congress that the Director of 
     Central Intelligence should continue to direct that elements 
     of the intelligence community, whenever compatible with the 
     national security interests of the United States and 
     consistent with operational and security concerns related to 
     the conduct of intelligence activities, and where fiscally 
     sound, should competitively award contracts in a manner that 
     maximizes the procurement of products properly designated as 
     having been made in the United States.

     SEC. 304. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION ACT.

       (a) In General.--Title III of the National Security Act of 
     1947 (50 U.S.C. 405 et seq.) is amended by inserting at the 
     beginning the following new section 301:


            ``national security agency voluntary separation

       ``Sec. 301. (a) Short Title.--This section may be cited as 
     the `National Security Agency Voluntary Separation Act'.
       ``(b) Definitions.--For purposes of this section--
       ``(1) the term `Director' means the Director of the 
     National Security Agency; and
       ``(2) the term `employee' means an employee of the National 
     Security Agency, serving under an appointment without time 
     limitation, who has been currently employed by the National 
     Security Agency for a continuous period of at least 12 months 
     prior to the effective date of the program established under 
     subsection (c), except that such term does not include--
       ``(A) a reemployed annuitant under subchapter III of 
     chapter 83 or chapter 84 of title 5, United States Code, or 
     another retirement system for employees of the Government; or
       ``(B) an employee having a disability on the basis of which 
     such employee is or would be eligible for disability 
     retirement under any of the retirement systems referred to in 
     subparagraph (A).
       ``(c) Establishment of Program.--Notwithstanding any other 
     provision of law, the Director, in his sole discretion, may 
     establish a program under which employees may, after October 
     1, 2000, be eligible for early retirement, offered separation 
     pay to separate from service voluntarily, or both.
       ``(d) Early Retirement.--An employee who--
       ``(1) is at least 50 years of age and has completed 20 
     years of service; or
       ``(2) has at least 25 years of service,

     may, pursuant to regulations promulgated under this section, 
     apply and be retired from the National Security Agency and 
     receive benefits in accordance with chapter 83 or 84 of title 
     5, United States Code, if the employee has not less than 10 
     years of service with the National Security Agency.
       ``(e) Amount of Separation Pay and Treatment for Other 
     Purposes.--
       ``(1) Amount.--Separation pay shall be paid in a lump sum 
     and shall be equal to the lesser of--
       ``(A) an amount equal to the amount the employee would be 
     entitled to receive under section 5595(c) of title 5, United 
     States Code, if the employee were entitled to payment under 
     such section; or
       ``(B) $25,000.
       ``(2) Treatment.--Separation pay shall not--
       ``(A) be a basis for payment, and shall not be included in 
     the computation, of any other type of Government benefit; and
       ``(B) be taken into account for the purpose of determining 
     the amount of any severance pay to which an individual may be 
     entitled under section 5595 of title 5, United States Code, 
     based on any other separation.
       ``(f ) Reemployment Restrictions.--An employee who receives 
     separation pay under such program may not be reemployed by 
     the National Security Agency for the 12-month period 
     beginning on the effective date of the employee's separation. 
     An employee who receives separation pay under this section on 
     the basis of a separation occurring on or after the date of 
     the enactment of the Federal Workforce Restructuring Act of 
     1994 (Public Law 103-236; 108 Stat. 111) and accepts 
     employment with the Government of the United States within 5 
     years after the date of the separation on which payment of 
     the separation pay is based shall be required to repay the 
     entire amount of the separation pay to the National Security 
     Agency. If the employment is with an Executive agency (as 
     defined by section 105 of title 5, United States Code), the 
     Director of the Office of Personnel Management may, at the 
     request of the head of the agency, waive the repayment if the 
     individual involved possesses unique abilities and is the 
     only qualified applicant available for the position. If the 
     employment is with an entity in the legislative branch, the 
     head of the entity or the appointing official may waive the 
     repayment if the individual involved possesses unique 
     abilities and is the only qualified applicant available for 
     the position. If the employment is with the judicial branch, 
     the Director of the Administrative Office of the United 
     States Courts may waive the repayment if the individual 
     involved possesses unique abilities and is the only qualified 
     applicant available for the position.
       ``(g) Bar on Certain Employment.--
       ``(1) Bar.--An employee may not be separated from service 
     under this section unless the employee agrees that the 
     employee will not--
       ``(A) act as agent or attorney for, or otherwise represent, 
     any other person (except the United States) in any formal or 
     informal appearance before, or, with the intent to influence, 
     make any oral or written communication on behalf of any other 
     person (except the United States) to the National Security 
     Agency; or
       ``(B) participate in any manner in the award, modification, 
     or extension of any contract for property or services with 
     the National Security Agency,

     during the 12-month period beginning on the effective date of 
     the employee's separation from service.
       ``(2) Penalty.--An employee who violates an agreement under 
     this subsection shall be

[[Page H11856]]

     liable to the United States in the amount of the separation 
     pay paid to the employee pursuant to this section multiplied 
     by the proportion of the 12-month period during which the 
     employee was in violation of the agreement.
       ``(h) Limitations.--Under this program, early retirement 
     and separation pay may be offered only--
       ``(1) with the prior approval of the Director;
       ``(2) for the period specified by the Director; and
       ``(3) to employees within such occupational groups or 
     geographic locations, or subject to such other similar 
     limitations or conditions, as the Director may require.
       ``(i) Regulations.--Before an employee may be eligible for 
     early retirement, separation pay, or both, under this 
     section, the Director shall prescribe such regulations as may 
     be necessary to carry out this section.
       ``( j) Reporting Requirements.--
       ``(1) Notification.--The Director may not make an offer of 
     early retirement, separation pay, or both, pursuant to this 
     section until 15 days after submitting to the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives and the Select Committee on Intelligence of 
     the Senate a report describing the occupational groups or 
     geographic locations, or other similar limitations or 
     conditions, required by the Director under subsection (h), 
     and includes the proposed regulations issued pursuant to 
     subsection (i).
       ``(2) Annual report.--The Director shall submit to the 
     President and the Permanent Select Committee on Intelligence 
     of the House of Representatives and the Select Committee on 
     Intelligence of the Senate an annual report on the 
     effectiveness and costs of carrying out this section.
       ``(k) Remittance of Funds.--In addition to any other 
     payment that is required to be made under subchapter III of 
     chapter 83 or chapter 84 of title 5, United States Code, the 
     National Security Agency shall remit to the Office of 
     Personnel Management for deposit in the Treasury of the 
     United States to the credit of the Civil Service Retirement 
     and Disability Fund, an amount equal to 15 percent of the 
     final basic pay of each employee to whom a voluntary 
     separation payment has been or is to be paid under this 
     section. The remittance required by this subsection shall be 
     in lieu of any remittance required by section 4(a) of the 
     Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 
     note).''.
       (b) Clerical Amendment.--The table of contents for title 
     III of the National Security Act of 1947 is amended by 
     inserting at the beginning the following new item:

``Sec. 301. National Security Agency voluntary separation.''.

     SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER FOR 
                   CERTAIN INTELLIGENCE COLLECTION PERSONNEL.

       (a) In General.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.) is amended by adding at the end 
     the following new section:


  ``travel on any common carrier for certain intelligence collection 
                               personnel

       ``Sec. 116. (a) In General.--Notwithstanding any other 
     provision of law, the Director of Central Intelligence may 
     authorize travel on any common carrier when such travel, in 
     the discretion of the Director--
       ``(1) is consistent with intelligence community mission 
     requirements, or
       ``(2) is required for cover purposes, operational needs, or 
     other exceptional circumstances necessary for the successful 
     performance of an intelligence community mission.
       ``(b) Authorized Delegation of Duty.--The Director may only 
     delegate the authority granted by this section to the Deputy 
     Director of Central Intelligence, or with respect to 
     employees of the Central Intelligence Agency the Director may 
     delegate such authority to the Deputy Director for 
     Operations.''.
       (b) Clerical Amendment.--The table of contents for the 
     National Security Act of 1947 is amended by inserting after 
     the item relating to section 115 the following new item:

``Sec. 116. Travel on any common carrier for certain intelligence 
              collection personnel.''.

     SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN ESPIONAGE ON 
                   UNITED STATES TRADE SECRETS.

       Not later than 270 days after the date of the enactment of 
     this Act, the Director of Central Intelligence shall submit 
     to Congress a report that updates and revises, as necessary, 
     the report prepared by the Director pursuant to section 310 
     of the Intelligence Authorization Act for Fiscal Year 2000 
     (Public Law 106-120; 113 Stat. 1606).

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

       (a) In General.--Title I of the National Security Act of 
     1947 (50 U.S.C. 402 et seq.), as amended by section 305(a), 
     is further amended by adding at the end the following:


                     ``pow/mia analytic capability

       ``Sec. 117. (a) Requirement.--(1) The Director of Central 
     Intelligence shall, in consultation with the Secretary of 
     Defense, establish and maintain in the intelligence community 
     an analytic capability with responsibility for intelligence 
     in support of the activities of the United States relating to 
     individuals who, after December 31, 1990, are unaccounted for 
     United States personnel.
       ``(2) The analytic capability maintained under paragraph 
     (1) shall be known as the `POW/MIA analytic capability of the 
     intelligence community'.
       ``(b) Unaccounted for United States personnel.--In this 
     section, the term `unaccounted for United States personnel' 
     means the following:
       ``(1) Any missing person (as that term is defined in 
     section 1513(1) of title 10, United States Code).
       ``(2) Any United States national who was killed while 
     engaged in activities on behalf of the United States and 
     whose remains have not been repatriated to the United 
     States.''.
       (b) Clerical Amendment.--The table of contents for the 
     National Security Act of 1947, as amended by section 305(b), 
     is further amended by inserting after the item relating to 
     section 116 the following new item:

``Sec. 117. POW/MIA analytic capability.''.

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

       (a) In General.--The National Security Act of 1947 (50 
     U.S.C. 401 et seq.) is amended by adding at the end the 
     following new title:

             ``TITLE X--ADDITIONAL MISCELLANEOUS PROVISIONS


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

       ``Sec. 1001. (a) In General.--No Federal law enacted on or 
     after the date of the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2001 that implements a 
     treaty or other international agreement shall be construed as 
     making unlawful an otherwise lawful and authorized 
     intelligence activity of the United States Government or its 
     employees, or any other person to the extent such other 
     person is carrying out such activity on behalf of, and at the 
     direction of, the United States, unless such Federal law 
     specifically addresses such intelligence activity.
       ``(b) Authorized Intelligence Activities.--An intelligence 
     activity shall be treated as authorized for purposes of 
     subsection (a) if the intelligence activity is authorized by 
     an appropriate official of the United States Government, 
     acting within the scope of the official duties of that 
     official and in compliance with Federal law and any 
     applicable Presidential directive.''.
       (b) Clerical Amendment.--The table of contents for the 
     National Security Act of 1947 is amended by inserting at the 
     end the following new items:

             ``TITLE X--ADDITIONAL MISCELLANEOUS PROVISIONS

``Sec. 1001. Applicability to United States intelligence activities of 
              Federal laws implementing international treaties and 
              agreements.''.

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

       (a) Certification Regarding Full Compliance With 
     Requirements.--The Director of Central Intelligence shall 
     certify to the appropriate committees of Congress whether or 
     not each covered element of the Department of State is in 
     full compliance with all applicable directives of the 
     Director of Central Intelligence relating to the handling, 
     retention, or storage of covered classified material.
       (b) Limitation on Certification.--The Director of Central 
     Intelligence may not certify a covered element of the 
     Department of State as being in full compliance with the 
     directives referred to in subsection (a) if the covered 
     element is currently subject to a waiver of compliance with 
     respect to any such directive.
       (c) Report on Noncompliance.--Whenever the Director of 
     Central Intelligence determines that a covered element of the 
     Department of State is not in full compliance with any 
     directive referred to in subsection (a), the Director shall 
     promptly notify the appropriate committees of Congress of 
     such determination.
       (d) Effects of Certification of Non-Full Compliance.--(1) 
     Subject to subsection (e), effective as of January 1, 2001, a 
     covered element of the Department of State may not retain or 
     store covered classified material unless the Director has 
     certified under subsection (a) as of such date that the 
     covered element is in full compliance with the directives 
     referred to in subsection (a).
       (2) If the prohibition in paragraph (1) takes effect in 
     accordance with that paragraph, the prohibition shall remain 
     in effect until the date on which the Director certifies 
     under subsection (a) that the covered element involved is in 
     full compliance with the directives referred to in that 
     subsection.
       (e) Waiver by Director of Central Intelligence.--(1) The 
     Director of Central Intelligence may waive the applicability 
     of the prohibition in subsection (d) to an element of the 
     Department of State otherwise covered by such prohibition if 
     the Director determines that the waiver is in the national 
     security interests of the United States.
       (2) The Director shall submit to appropriate committees of 
     Congress a report on each exercise of the waiver authority in 
     paragraph (1).
       (3) Each report under paragraph (2) with respect to the 
     exercise of authority under paragraph (1) shall set forth the 
     following:
       (A) The covered element of the Department of State 
     addressed by the waiver.

[[Page H11857]]

       (B) The reasons for the waiver.
       (C) The actions that will be taken to bring such element 
     into full compliance with the directives referred to in 
     subsection (a), including a schedule for completion of such 
     actions.
       (D) The actions taken by the Director to protect any 
     covered classified material to be handled, retained, or 
     stored by such element pending achievement of full compliance 
     of such element with such directives.
       (f ) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means 
     the following:
       (A) The Select Committee on Intelligence and the Committee 
     on Foreign Relations of the Senate.
       (B) The Permanent Select Committee on Intelligence and the 
     Committee on International Relations of the House of 
     Representatives.
       (2) The term ``covered classified material'' means any 
     material classified at the Sensitive Compartmented 
     Information (SCI) level.
       (3) The term ``covered element of the Department of State'' 
     means each element of the Department of State that handles, 
     retains, or stores covered classified material.
       (4) The term ``material'' means any data, regardless of 
     physical form or characteristic, including written or printed 
     matter, automated information systems storage media, maps, 
     charts, paintings, drawings, films, photographs, engravings, 
     sketches, working notes, papers, reproductions of any such 
     things by any means or process, and sound, voice, magnetic, 
     or electronic recordings.
       (5) The term ``Sensitive Compartmented Information (SCI) 
     level'', in the case of classified material, means a level of 
     classification for information in such material concerning or 
     derived from intelligence sources, methods, or analytical 
     processes that requires such information to be handled within 
     formal access control systems established by the Director of 
     Central Intelligence.

     SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE.

       (a) Findings.--Congress finds that--
       (1) during the second half of the twentieth century, 
     Senator Daniel Patrick Moynihan promoted the importance of 
     architecture and urban planning in the Nation's Capital, 
     particularly with respect to the portion of Pennsylvania 
     Avenue between the White House and the United States Capitol 
     (referred to in this subsection as the ``Avenue'');
       (2) Senator Moynihan has stressed the unique significance 
     of the Avenue as conceived by Pierre Charles L'Enfant to be 
     the ``grand axis'' of the Nation's Capital as well as a 
     symbolic representation of the separate yet unified branches 
     of the United States Government;
       (3) through his service to the Ad Hoc Committee on Federal 
     Office Space (1961-1962), as a member of the President's 
     Council on Pennsylvania Avenue (1962-1964), and as vice-
     chairman of the President's Temporary Commission on 
     Pennsylvania Avenue (1965-1969), and in his various 
     capacities in the executive and legislative branches, Senator 
     Moynihan has consistently and creatively sought to fulfill 
     President Kennedy's recommendation of June 1, 1962, that the 
     Avenue not become a ``solid phalanx of public and private 
     office buildings which close down completely at night and on 
     weekends,'' but that it be ``lively, friendly, and inviting, 
     as well as dignified and impressive'';
       (4)(A) Senator Moynihan helped draft a Federal 
     architectural policy, known as the ``Guiding Principles for 
     Federal Architecture,'' that recommends a choice of designs 
     that are ``efficient and economical'' and that provide 
     ``visual testimony to the dignity, enterprise, vigor, and 
     stability'' of the United States Government; and
       (B) the Guiding Principles for Federal Architecture further 
     state that the ``development of an official style must be 
     avoided. Design must flow from the architectural profession 
     to the Government, and not vice versa.'';
       (5) Senator Moynihan has encouraged--
       (A) the construction of new buildings along the Avenue, 
     such as the Ronald Reagan Building and International Trade 
     Center; and
       (B) the establishment of an academic institution along the 
     Avenue, namely the Woodrow Wilson International Center for 
     Scholars, a living memorial to President Wilson; and
       (6) as Senator Moynihan's service in the Senate concludes, 
     it is appropriate to commemorate his legacy of public service 
     and his commitment to thoughtful urban design in the Nation's 
     Capital.
       (b) Designation.--The parcel of land located in the 
     northwest quadrant of Washington, District of Columbia, and 
     described in subsection (c) shall be known and designated as 
     ``Daniel Patrick Moynihan Place''.
       (c) Boundaries.--The parcel of land described in this 
     subsection is the portion of Woodrow Wilson Plaza (as 
     designated by Public Law 103-284 (108 Stat. 1448)) that is 
     bounded--
       (1) on the west by the eastern facade of the Ronald Reagan 
     Building and International Trade Center;
       (2) on the east by the western facade of the Ariel Rios 
     Building;
       (3) on the north by the southern edge of the sidewalk 
     abutting Pennsylvania Avenue; and
       (4) on the south by the line that extends west to the 
     facade of the Ronald Reagan Building and International Trade 
     Center, from the point where the west facade of the Ariel 
     Rios Building intersects the north end of the west hemicycle 
     of that building.
       (d) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     parcel of land described in subsection (c) shall be deemed to 
     be a reference to Daniel Patrick Moynihan Place.
       (e) Markers.--The Administrator of General Services shall 
     erect appropriate gateways or other markers in Daniel Patrick 
     Moynihan Place so denoting that place.

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

     SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS 
                   SERVICE PROGRAM OFFICE.

       (a) Reorganization.--Effective 60 days after the date of 
     the enactment of this Act, the Diplomatic Telecommunications 
     Service Program Office (DTS-PO) established pursuant to title 
     V of Public Law 102-140 shall be reorganized in accordance 
     with this subtitle.
       (b) Purpose and Duties of DTS-PO.--The purpose and duties 
     of DTS-PO shall be to carry out a program for the 
     establishment and maintenance of a diplomatic 
     telecommunications system and communications network 
     (hereinafter in this subtitle referred to as ``DTS'') capable 
     of providing multiple levels of service to meet the wide 
     ranging needs of all United States Government agencies and 
     departments at diplomatic facilities abroad, including 
     national security needs for secure, reliable, and robust 
     communications capabilities.

     SEC. 322. PERSONNEL.

       (a) Establishment of Position of Chief Executive Officer.--
       (1) In general.--Effective 60 days after the date of the 
     enactment of this Act, there is established the position of 
     Chief Executive Officer of the Diplomatic Telecommunications 
     Service Program Office (hereinafter in this subtitle referred 
     to as the ``CEO'').
       (2) Qualifications.--
       (A) In general.--The CEO shall be an individual who--
       (i) is a communications professional;
       (ii) has served in the commercial telecommunications 
     industry for at least 7 years;
       (iii) has an extensive background in communications system 
     design, maintenance, and support and a background in 
     organizational management; and
       (iv) submits to a background investigation and possesses 
     the necessary qualifications to obtain a security clearance 
     required to meet the highest United States Government 
     security standards.
       (B) Limitations.--The CEO may not be an individual who was 
     an officer or employee of DTS-PO prior to the date of the 
     enactment of this Act.
       (3) Appointment authority.--The CEO of DTS-PO shall be 
     appointed by the Director of the Office of Management and 
     Budget.
       (4) First appointment.--
       (i) Deadline.--The first appointment under this subsection 
     shall be made not later than May 1, 2001.
       (ii) Limitation on use of funds.--Of the funds available 
     for DTS-PO on the date of the enactment of this Act, not more 
     than 75 percent of such funds may be obligated or expended 
     until a CEO is appointed under this subsection and assumes 
     such position.
       (iii) May not be an officer or employee of federal 
     government.--The individual first appointed as CEO under this 
     subtitle may not have been an officer or employee of the 
     Federal government during the 1-year period immediately 
     preceding such appointment.
       (5) Vacancy.--In the event of a vacancy in the position of 
     CEO or during the absence or disability of the CEO, the 
     Director of the Office of Management and Budget may designate 
     an officer or employee of DTS-PO to perform the duties of the 
     position as the acting CEO.
       (6) Authorities and duties.--
       (A) In general.--The CEO shall have responsibility for day-
     to-day management and operations of DTS, subject to the 
     supervision of the Diplomatic Telecommunication Service 
     Oversight Board established under this subtitle.
       (B) Specific authorities.--In carrying out the 
     responsibility for day-to-day management and operations of 
     DTS, the CEO shall, at a minimum, have--
       (i) final decision-making authority for implementing DTS 
     policy; and
       (ii) final decision-making authority for managing all 
     communications technology and security upgrades to satisfy 
     DTS user requirements.
       (C) Certification regarding security.--The CEO shall 
     certify to the appropriate congressional committees that the 
     operational and communications security requirements and 
     practices of DTS conform to the highest security requirements 
     and practices required by any agency utilizing the DTS.
       (D) Reports to congress.--
       (i) Semiannual reports.--Beginning on August 1, 2001, and 
     every 6 months thereafter, the CEO shall submit to the 
     appropriate congressional committees of jurisdiction a report 
     regarding the activities of DTS-PO during the preceding 6 
     months, the current capabilities of DTS-PO, and the 
     priorities of DTS-PO for the subsequent 6-month period. Each 
     report shall include a discussion about any administrative, 
     budgetary, or management issues that hinder the ability of 
     DTS-PO to fulfill its mandate.

[[Page H11858]]

       (ii) Other reports.--In addition to the report required by 
     clause (i), the CEO shall keep the appropriate congressional 
     committees of jurisdiction fully and currently informed with 
     regard to DTS-PO activities, particularly with regard to any 
     significant security infractions or major outages in the DTS.
       (b) Establishment of Positions of Deputy Executive 
     Officer.--
       (1) In general.--There shall be two Deputy Executive 
     Officers of the Diplomatic Telecommunications Service Program 
     Office, each to be appointed by the President.
       (2) Duties.--The Deputy Executive Officers shall perform 
     such duties as the CEO may require.
       (c) Termination of Positions of Director and Deputy 
     Director.--Effective upon the first appointment of a CEO 
     pursuant to subsection (a), the positions of Director and 
     Deputy Director of DTS-PO shall terminate.
       (d) Employees of DTS-PO.--
       (1) In general.--DTS-PO is authorized to have the following 
     employees: a CEO established under subsection (a), two Deputy 
     Executive Officers established under subsection (b), and not 
     more than four other employees.
       (2) Applicability of certain civil service laws.--The CEO 
     and other officers and employees of DTS-PO may be appointed 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, and 
     may be paid without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates.
       (3) Authority of director of omb to prescribe pay of 
     employees.--The Director of the Office of Management and 
     Budget shall prescribe the rates of basic pay for positions 
     to which employees are appointed under this section on the 
     basis of their unique qualifications.
       (e) Staff of Federal Agencies.--
       (1) In general.--Upon request of the CEO, the head of any 
     Federal department or agency may detail, on a reimbursable 
     basis, any of the personnel of that department or agency to 
     DTS-PO to assist it in carrying out its duties under this 
     subtitle.
       (2) Continuation of service.--An employee of a Federal 
     department or agency who was performing services on behalf of 
     DTS-PO prior to the effective date of the reorganization 
     under this subtitle shall continue to be detailed to DTS-PO 
     after that date, upon request.

     SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT 
                   BOARD.

       (a) Oversight Board Established.--
       (1) In general.--There is hereby established the Diplomatic 
     Telecommunications Service Oversight Board (hereinafter in 
     this subtitle referred to as the ``Board'') as an 
     instrumentality of the United States with the powers and 
     authorities herein provided.
       (2) Status.--The Board shall oversee and monitor the 
     operations of DTS-PO and shall be accountable for the duties 
     assigned to DTS-PO under this subtitle.
       (3) Membership.--
       (A) In general.--The Board shall consist of three members 
     as follows:
       (i) The Deputy Director of the Office of Management and 
     Budget.
       (ii) Two members to be appointed by the President.
       (B) Chairperson.--The chairperson of the Board shall be the 
     Deputy Director of the Office of Management and Budget.
       (C) Terms.--Members of the Board appointed by the President 
     shall serve at the pleasure of the President.
       (D) Quorum required.--A quorum shall consist of all members 
     of the Board and all decisions of the Board shall require a 
     majority vote.
       (4) Prohibition on compensation.--Members of the Board may 
     not receive additional pay, allowances, or benefits by reason 
     of their service on the Board.
       (5) Duties and Authorities.--The Board shall have the 
     following duties and authorities with respect to DTS-PO:
       (A) To review and approve overall strategies, policies, and 
     goals established by DTS-PO for its activities.
       (B) To review and approve financial plans, budgets, and 
     periodic financing requests developed by DTS-PO.
       (C) To review the overall performance of DTS-PO on a 
     periodic basis, including its work, management activities, 
     and internal controls, and the performance of DTS-PO relative 
     to approved budget plans.
       (D) To require from DTS-PO any reports, documents, and 
     records the Board considers necessary to carry out its 
     oversight responsibilities.
       (E) To evaluate audits of DTS-PO.
       (6) Limitation on authority.--The CEO shall have the 
     authority, without any prior review or approval by the Board, 
     to make such determinations as the CEO considers appropriate 
     and take such actions as the CEO considers appropriate with 
     respect to the day-to-day management and operation of DTS-PO 
     and to carry out the reforms of DTS-PO authorized by section 
     305 of the Admiral James W. Nance and Meg Donovan Foreign 
     Relations Authorization Act, Fiscal Years 2000 and 2001 
     (section 305 of appendix G of Public Law 106-113).

     SEC. 324. GENERAL PROVISIONS.

       (a) Report to Congress.--Not later than March 1, 2001, the 
     Director of the Office of Management and Budget shall submit 
     to the appropriate congressional committees of jurisdiction a 
     report which includes the following elements with respect to 
     DTS-PO:
       (1) Clarification of the process for the CEO to report to 
     the Board.
       (2) Details of the CEO's duties and responsibilities.
       (3) Details of the compensation package for the CEO and 
     other employees of DTS-PO.
       (4) Recommendations to the Overseas Security Policy Board 
     (OSPB) for updates.
       (5) Security standards for information technology.
       (6) The upgrade precedence plan for overseas posts with 
     national security interests.
       (7) A spending plan for the additional funds provided for 
     the operation and improvement of DTS for fiscal year 2001.
       (b) Notification Requirements.--The notification 
     requirements of sections 502 and 505 of the National Security 
     Act of 1947 shall apply to DTS-PO and the Board.
       (c) Procurement Authority of DTS-PO.--The procurement 
     authorities of any of the users of DTS shall be available to 
     the DTS-PO.
       (d) Definition of appropriate congressional committees of 
     jurisdiction.--As used in this subtitle, the term 
     ``appropriate congressional committees of jurisdiction'' 
     means the Committee on Appropriations, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate and the Committee on Appropriations, the 
     Committee on International Relations, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (e) Statutory Construction.--Nothing in this subtitle shall 
     be construed to negate or to reduce the statutory obligations 
     of any United States department or agency head.
       (f ) Authorization of Appropriations for DTS-PO.--For each 
     of the fiscal years 2002 through 2006, there are authorized 
     to be appropriated directly to DTS-PO such sums as may be 
     necessary to carry out the management, oversight, and 
     security requirements of this subtitle.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

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

       (a) Deposits in Central Services Working Capital Fund.--
     Subsection (c)(2) of section 21 of the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 403u(c)(2)) is amended--
       (1) by redesignating subparagraph (F) as subparagraph (H); 
     and
       (2) by inserting after subparagraph (E) the following new 
     subparagraphs:
       ``(F) Receipts from individuals in reimbursement for 
     utility services and meals provided under the program.
       ``(G) Receipts from individuals for the rental of property 
     and equipment under the program.''.
       (b) Clarification of Costs Recoverable Under Program.--
     Subsection (e)(1) of that section is amended in the second 
     sentence by inserting ``other than structures owned by the 
     Agency'' after ``depreciation of plant and equipment''.
       (c) Financial Statements of Program.--Subsection (g)(2) of 
     that section is amended in the first sentence by striking 
     ``annual audits under paragraph (1)'' and inserting the 
     following: ``financial statements to be prepared with respect 
     to the program. Office of Management and Budget guidance 
     shall also determine the procedures for conducting annual 
     audits under paragraph (1).''.

     SEC. 402. TECHNICAL CORRECTIONS.

       (a) Clarification Regarding Reports on Exercise of 
     Authority.--Section 17 of the Central Intelligence Agency Act 
     of 1949 (50 U.S.C. 403q) is amended--
       (1) in subsection (d)(1), by striking subparagraph (E) and 
     inserting the following new subparagraph (E):
       ``(E) a description of the exercise of the subpoena 
     authority under subsection (e)(5) by the Inspector General 
     during the reporting period; and''; and
       (2) in subsection (e)(5), by striking subparagraph (E).
       (b) Terminology With Respect to Government Agencies.--
     Section 17(e)(8) of such Act (50 U.S.C. 403q(e)(8)) is 
     amended by striking ``Federal'' each place it appears and 
     inserting ``Government''.

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

       Section 17(d)(3) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403q(d)(3)) is amended by striking all that 
     follows after subparagraph (A) and inserting the following:
       ``(B) an investigation, inspection, or audit carried out by 
     the Inspector General should focus on any current or former 
     Agency official who--
       ``(i) holds or held a position in the Agency that is 
     subject to appointment by the President, by and with the 
     advise and consent of the Senate, including such a position 
     held on an acting basis; or
       ``(ii) holds or held the position in the Agency, including 
     such a position held on an acting basis, of--
       ``(I) Executive Director;
       ``(II) Deputy Director for Operations;
       ``(III) Deputy Director for Intelligence;
       ``(IV) Deputy Director for Administration; or
       ``(V) Deputy Director for Science and Technology;
       ``(C) a matter requires a report by the Inspector General 
     to the Department of Justice on possible criminal conduct by 
     a current or former Agency official described or referred to 
     in subparagraph (B);

[[Page H11859]]

       ``(D) the Inspector General receives notice from the 
     Department of Justice declining or approving prosecution of 
     possible criminal conduct of any of the officials described 
     in subparagraph (B); or
       ``(E) the Inspector General, after exhausting all possible 
     alternatives, is unable to obtain significant documentary 
     information in the course of an investigation, inspection, or 
     audit,

     the Inspector General shall immediately notify and submit a 
     report on such matter to the intelligence committees.''.

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

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a 
     et seq.) is amended by adding at the end the following new 
     section:


                         ``detail of employees

       ``Sec. 22. The Director may--
       ``(1) detail any personnel of the Agency on a reimbursable 
     basis indefinitely to the National Reconnaissance Office 
     without regard to any limitation under law on the duration of 
     details of Federal Government personnel; and
       ``(2) hire personnel for the purpose of any detail under 
     paragraph (1).''.

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

       (a) In General.--Section 5 of the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 403f ) is amended by adding at 
     the end the following new subsection:
       ``(c) Transfers for Acquisition of Land.--(1) Sums 
     appropriated or otherwise made available to the Agency for 
     the acquisition of land that are transferred to another 
     department or agency for that purpose shall remain available 
     for 3 years.
       ``(2) The Director shall submit to the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives an annual 
     report on the transfers of sums described in paragraph 
     (1).''.
       (b) Conforming Stylistic Amendments.--That section is 
     further amended--
       (1) in subsection (a), by inserting ``In General.--'' after 
     ``(a)''; and
       (2) in subsection (b), by inserting ``Scope of Authority 
     for Expenditure.--'' after ``(b)''.
       (c) Applicability.--Subsection (c) of section 5 of the 
     Central Intelligence Agency Act of 1949, as added by 
     subsection (a) of this section, shall apply with respect to 
     amounts appropriated or otherwise made available for the 
     Central Intelligence Agency for fiscal years after fiscal 
     year 2000.

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

       (a) In General.--Notwithstanding any provision of title VI, 
     section 636 of the Treasury, Postal Service, and General 
     Government Appropriations Act, 1997 (5 U.S.C. prec. 5941 
     note), the Director of Central Intelligence may--
       (1) designate as qualified employees within the meaning of 
     subsection (b) of that section appropriate categories of 
     employees not otherwise covered by that subsection; and
       (2) use appropriated funds available to the Director to 
     reimburse employees within categories so designated for one-
     half of the costs incurred by such employees for professional 
     liability insurance in accordance with subsection (a) of that 
     section.
       (b) Reports.--The Director of Central Intelligence shall 
     submit to the Select Committee on Intelligence of the Senate 
     and the Permanent Select Committee of Intelligence of the 
     House of Representatives a report on each designation of a 
     category of employees under paragraph (1) of subsection (a), 
     including the approximate number of employees covered by such 
     designation and an estimate of the amount to be expended on 
     reimbursement of such employees under paragraph (2) of that 
     subsection.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

     SEC. 501. 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

[[Page H11860]]

     and circumstances relating to current or future activities of 
     the target.''; and
       (3) in subsection (d), as redesignated by paragraph (1), by 
     striking ``subsection (b)(1)'' and inserting ``subsection 
     (c)(1)''.

     SEC. 603. ORDERS FOR PHYSICAL SEARCHES UNDER THE FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT OF 1978.

       (a) Requirements Regarding Certain Applications.--Section 
     303 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1823) is amended by adding at the end the following 
     new subsection:
       ``(d)(1)(A) Upon written request of the Director of the 
     Federal Bureau of Investigation, the Secretary of Defense, 
     the Secretary of State, or the Director of Central 
     Intelligence, the Attorney General shall personally review 
     under subsection (a) an application under that subsection for 
     a target described in section 101(b)(2).
       ``(B) Except when disabled or otherwise unavailable to make 
     a request referred to in subparagraph (A), an official 
     referred to in that subparagraph may not delegate the 
     authority to make a request referred to in that subparagraph.
       ``(C) Each official referred to in subparagraph (A) with 
     authority to make a request under that subparagraph shall 
     take appropriate actions in advance to ensure that delegation 
     of such authority is clearly established in the event such 
     official is disabled or otherwise unavailable to make such 
     request.
       ``(2)(A) If as a result of a request under paragraph (1) 
     the Attorney General determines not to approve an application 
     under the second sentence of subsection (a) for purposes of 
     making the application under this section, the Attorney 
     General shall provide written notice of the determination to 
     the official making the request for the review of the 
     application under that paragraph. Except when disabled or 
     otherwise unavailable to make a determination under the 
     preceding sentence, the Attorney General may not delegate the 
     responsibility to make a determination under that sentence. 
     The Attorney General shall take appropriate actions in 
     advance to ensure that delegation of such responsibility is 
     clearly established in the event the Attorney General is 
     disabled or otherwise unavailable to make such determination.
       ``(B) Notice with respect to an application under 
     subparagraph (A) shall set forth the modifications, if any, 
     of the application that are necessary in order for the 
     Attorney General to approve the application under the second 
     sentence of subsection (a) for purposes of making the 
     application under this section.
       ``(C) Upon review of any modifications of an application 
     set forth under subparagraph (B), the official notified of 
     the modifications under this paragraph shall modify the 
     application if such official determines that such 
     modification is warranted. Such official shall supervise the 
     making of any modification under this subparagraph. Except 
     when disabled or otherwise unavailable to supervise the 
     making of any modification under the preceding sentence, such 
     official may not delegate the responsibility to supervise the 
     making of any modification under that preceding sentence. 
     Each such official shall take appropriate actions in advance 
     to ensure that delegation of such responsibility is clearly 
     established in the event such official is disabled or 
     otherwise unavailable to supervise the making of such 
     modification.''.
       (b) Probable Cause.--Section 304 of that Act (50 U.S.C. 
     1824) is amended--
       (1) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f ), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In determining whether or not probable cause exists 
     for purposes of an order under subsection (a)(3), a judge may 
     consider past activities of the target, as well as facts and 
     circumstances relating to current or future activities of the 
     target.''.

     SEC. 604. DISCLOSURE OF INFORMATION ACQUIRED UNDER THE 
                   FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 
                   FOR LAW ENFORCEMENT PURPOSES.

       (a) Inclusion of Information on Disclosure in Semiannual 
     Oversight Report.--Section 108(a) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended--
       (1) by inserting ``(1)'' after ``(a)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Each report under the first sentence of paragraph (1) 
     shall include a description of--
       ``(A) each criminal case in which information acquired 
     under this Act has been passed for law enforcement purposes 
     during the period covered by such report; and
       ``(B) each criminal case in which information acquired 
     under this Act has been authorized for use at trial during 
     such reporting period.''.
       (b) Report on Mechanisms for Determinations of Disclosure 
     of Information for Law Enforcement Purposes.--(1) The 
     Attorney General shall submit to the appropriate committees 
     of Congress a report on the authorities and procedures 
     utilized by the Department of Justice for determining whether 
     or not to disclose information acquired under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) for law enforcement purposes.
       (2) In this subsection, the term ``appropriate committees 
     of Congress'' means the following:
       (A) The Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate.
       (B) The Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.

     SEC. 605. COORDINATION OF COUNTERINTELLIGENCE WITH THE 
                   FEDERAL BUREAU OF INVESTIGATION.

       (a) Treatment of Certain Subjects of Investigation.--
     Subsection (c) of section 811 of the Intelligence 
     Authorization Act for Fiscal Year 1995 (50 U.S.C. 402a) is 
     amended--
       (1) in paragraphs (1) and (2), by striking ``paragraph 
     (3)'' and inserting ``paragraph (5)'';
       (2) by redesignating paragraphs (3), (4), (5), and (6) as 
     paragraphs (5), (6), (7), and (8), respectively;
       (3) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3)(A) The Director of the Federal Bureau of 
     Investigation shall submit to the head of the department or 
     agency concerned a written assessment of the potential impact 
     of the actions of the department or agency on a 
     counterintelligence investigation.
       ``(B) The head of the department or agency concerned 
     shall--
       ``(i) use an assessment under subparagraph (A) as an aid in 
     determining whether, and under what circumstances, the 
     subject of an investigation under paragraph (1) should be 
     left in place for investigative purposes; and
       ``(ii) notify in writing the Director of the Federal Bureau 
     of Investigation of such determination.
       ``(C) The Director of the Federal Bureau of Investigation 
     and the head of the department or agency concerned shall 
     continue to consult, as appropriate, to review the status of 
     an investigation covered by this paragraph, and to reassess, 
     as appropriate, a determination of the head of the department 
     or agency concerned to leave a subject in place for 
     investigative purposes.''; and
       (4) in paragraph (5), as so redesignated, by striking 
     ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), 
     or (3)''.
       (b) Timely Provision of Information and Consultation on 
     Espionage Investigations.--Paragraph (2) of that subsection 
     is further amended--
       (1) by inserting ``in a timely manner'' after ``through 
     appropriate channels''; and
       (2) by inserting ``in a timely manner'' after ``are 
     consulted''.
       (c) Interference With Full Field Espionage 
     Investigations.--That subsection is further amended by 
     inserting after paragraph (3), as amended by subsection (a) 
     of this section, the following new paragraph (4):
       ``(4)(A) The Federal Bureau of Investigation shall notify 
     appropriate officials within the executive branch, including 
     the head of the department or agency concerned, of the 
     commencement of a full field espionage investigation with 
     respect to an employee within the executive branch.
       ``(B) A department or agency may not conduct a polygraph 
     examination, interrogate, or otherwise take any action that 
     is likely to alert an employee covered by a notice under 
     subparagraph (A) of an investigation described in that 
     subparagraph without prior coordination and consultation with 
     the Federal Bureau of Investigation.''.

     SEC. 606. ENHANCING PROTECTION OF NATIONAL SECURITY AT THE 
                   DEPARTMENT OF JUSTICE.

       (a) Authorization for Increased Resources To Fulfill 
     National Security Mission of the Department of Justice.--
     There are authorized to be appropriated to the Department of 
     Justice for the activities of the Office of Intelligence 
     Policy and Review to help meet the increased personnel 
     demands to combat terrorism, process applications to the 
     Foreign Intelligence Surveillance Court, participate 
     effectively in counter-espionage investigations, provide 
     policy analysis on national security issues, and enhance 
     secure computer and telecommunications facilities--
       (1) $7,000,000 for fiscal year 2001;
       (2) $7,500,000 for fiscal year 2002; and
       (3) $8,000,000 for fiscal year 2003.
       (b) Availability of Funds.--(1) No funds authorized to be 
     appropriated by subsection (a) for the Office of Intelligence 
     Policy and Review for fiscal years 2002 and 2003 may be 
     obligated or expended until the date on which the Attorney 
     General submits the report required by paragraph (2) for the 
     year involved.
       (2)(A) The Attorney General shall submit to the committees 
     of Congress specified in subparagraph (B) an annual report on 
     the manner in which the funds authorized to be appropriated 
     by subsection (a) for the Office of Intelligence Policy and 
     Review will be used by that Office--
       (i) to improve and strengthen its oversight of Federal 
     Bureau of Investigation field offices in the implementation 
     of orders under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.); and
       (ii) to streamline and increase the efficiency of the 
     application process under that Act.
       (B) The committees of Congress referred to in this 
     subparagraph are the following:
       (i) The Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate.
       (ii) The Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.
       (3) In addition to the report required by paragraph (2), 
     the Attorney General shall also submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the

[[Page H11861]]

     House of Representatives a report that addresses the issues 
     identified in the semiannual report of the Attorney General 
     to such committees under section 108(a) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) 
     that was submitted in April 2000, including any corrective 
     actions with regard to such issues. The report under this 
     paragraph shall be submitted in classified form.
       (4) Funds made available pursuant to subsection (a), in any 
     fiscal year, shall remain available until expended.
       (c) Report on Coordinating National Security and 
     Intelligence Functions Within the Department of Justice.--The 
     Attorney General shall report to the committees of Congress 
     specified in subsection (b)(2)(B) within 120 days on actions 
     that have been or will be taken by the Department to--
       (1) promote quick and efficient responses to national 
     security issues;
       (2) centralize a point-of-contact within the Department on 
     national security matters for external entities and agencies; 
     and
       (3) coordinate the dissemination of intelligence 
     information within the appropriate components of the 
     Department and the formulation of policy on national security 
     issues.

     SEC. 607. COORDINATION REQUIREMENTS RELATING TO THE 
                   PROSECUTION OF CASES INVOLVING CLASSIFIED 
                   INFORMATION.

       The Classified Information Procedures Act (18 U.S.C. App.) 
     is amended by inserting after section 9 the following new 
     section:


   ``coordination requirements relating to the prosecution of cases 
                    involving classified information

       ``Sec. 9A. (a) Briefings Required.--The Assistant Attorney 
     General for the Criminal Division and the appropriate United 
     States attorney, or the designees of such officials, shall 
     provide briefings to the senior agency official, or the 
     designee of such official, with respect to any case involving 
     classified information that originated in the agency of such 
     senior agency official.
       ``(b) Timing of Briefings.--Briefings under subsection (a) 
     with respect to a case shall occur--
       ``(1) as soon as practicable after the Department of 
     Justice and the United States attorney concerned determine 
     that a prosecution or potential prosecution could result; and
       ``(2) at such other times thereafter as are necessary to 
     keep the senior agency official concerned fully and currently 
     informed of the status of the prosecution.
       ``(c) Senior Agency Official Defined.--In this section, the 
     term `senior agency official' has the meaning given that term 
     in section 1.1 of Executive Order No. 12958.''.

     SEC. 608. SEVERABILITY.

       If any provision of this title (including an amendment made 
     by this title), or the application thereof, to any person or 
     circumstance, is held invalid, the remainder of this title 
     (including the amendments made by this title), and the 
     application thereof, to other persons or circumstances shall 
     not be affected thereby.

               TITLE VII--DECLASSIFICATION OF INFORMATION

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Public Interest 
     Declassification Act of 2000''.

     SEC. 702. FINDINGS.

       Congress makes the following findings:
       (1) It is in the national interest to establish an 
     effective, coordinated, and cost-effective means by which 
     records on specific subjects of extraordinary public interest 
     that do not undermine the national security interests of the 
     United States may be collected, retained, reviewed, and 
     disseminated to Congress, policymakers in the executive 
     branch, and the public.
       (2) Ensuring, through such measures, public access to 
     information that does not require continued protection to 
     maintain the national security interests of the United States 
     is a key to striking the balance between secrecy essential to 
     national security and the openness that is central to the 
     proper functioning of the political institutions of the 
     United States.

     SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.

       (a) Establishment.--There is established within the 
     executive branch of the United States a board to be known as 
     the ``Public Interest Declassification Board'' (in this title 
     referred to as the ``Board'').
       (b) Purposes.--The purposes of the Board are as follows:
       (1) To advise the President, the Assistant to the President 
     for National Security Affairs, the Director of the Office of 
     Management and Budget, and such other executive branch 
     officials as the Board considers appropriate on the 
     systematic, thorough, coordinated, and comprehensive 
     identification, collection, review for declassification, and 
     release to Congress, interested agencies, and the public of 
     declassified records and materials (including donated 
     historical materials) that are of archival value, including 
     records and materials of extraordinary public interest.
       (2) To promote the fullest possible public access to a 
     thorough, accurate, and reliable documentary record of 
     significant United States national security decisions and 
     significant United States national security activities in 
     order to--
       (A) support the oversight and legislative functions of 
     Congress;
       (B) support the policymaking role of the executive branch;
       (C) respond to the interest of the public in national 
     security matters; and
       (D) promote reliable historical analysis and new avenues of 
     historical study in national security matters.
       (3) To provide recommendations to the President for the 
     identification, collection, and review for declassification 
     of information of extraordinary public interest that does not 
     undermine the national security of the United States, to be 
     undertaken in accordance with a declassification program that 
     has been established or may be established by the President 
     by Executive order.
       (4) To advise the President, the Assistant to the President 
     for National Security Affairs, the Director of the Office of 
     Management and Budget, and such other executive branch 
     officials as the Board considers appropriate on policies 
     deriving from the issuance by the President of Executive 
     orders regarding the classification and declassification of 
     national security information.
       (c) Membership.--(1) The Board shall be composed of nine 
     individuals appointed from among citizens of the United 
     States who are preeminent in the fields of history, national 
     security, foreign policy, intelligence policy, social 
     science, law, or archives, including individuals who have 
     served in Congress or otherwise in the Federal Government or 
     have otherwise engaged in research, scholarship, or 
     publication in such fields on matters relating to the 
     national security of the United States, of whom--
       (A) five shall be appointed by the President;
       (B) one shall be appointed by the Speaker of the House of 
     Representatives;
       (C) one shall be appointed by the majority leader of the 
     Senate;
       (D) one shall be appointed by the minority leader of the 
     Senate; and
       (E) one shall be appointed by the minority leader of the 
     House of Representatives.
       (2)(A) Of the members initially appointed to the Board by 
     the President--
       (i) three shall be appointed for a term of 4 years;
       (ii) one shall be appointed for a term of 3 years; and
       (iii) one shall be appointed for a term of 2 years.
       (B) The members initially appointed to the Board by the 
     Speaker of the House of Representatives or by the majority 
     leader of the Senate shall be appointed for a term of 3 
     years.
       (C) The members initially appointed to the Board by the 
     minority leader of the House of Representatives or the Senate 
     shall be appointed for a term of 2 years.
       (D) Any subsequent appointment to the Board shall be for a 
     term of 3 years.
       (3) A vacancy in the Board shall be filled in the same 
     manner as the original appointment. A member of the Board 
     appointed to fill a vacancy before the expiration of a term 
     shall serve for the remainder of the term.
       (4) A member of the Board may be appointed to a new term on 
     the Board upon the expiration of the member's term on the 
     Board, except that no member may serve more than three full 
     terms on the Board.
       (d) Chairperson; Executive Secretary.--(1)(A) The President 
     shall designate one of the members of the Board as the 
     Chairperson of the Board.
       (B) The term of service as Chairperson of the Board shall 
     be 2 years.
       (C) A member serving as Chairperson of the Board may be 
     redesignated as Chairperson of the Board upon the expiration 
     of the member's term as Chairperson of the Board, except that 
     no member shall serve as Chairperson of the Board for more 
     than 6 years.
       (2) The Director of the Information Security Oversight 
     Office shall serve as the Executive Secretary of the Board.
       (e) Meetings.--The Board shall meet as needed to accomplish 
     its mission, consistent with the availability of funds. A 
     majority of the members of the Board shall constitute a 
     quorum.
       (f ) Staff.--Any employee of the Federal Government may be 
     detailed to the Board, with the agreement of and without 
     reimbursement to the detailing agency, and such detail shall 
     be without interruption or loss of civil, military, or 
     foreign service status or privilege.
       (g) Security.--(1) The members and staff of the Board 
     shall, as a condition of appointment to or employment with 
     the Board, hold appropriate security clearances for access to 
     the classified records and materials to be reviewed by the 
     Board or its staff, and shall follow the guidance and 
     practices on security under applicable Executive orders and 
     Presidential or agency directives.
       (2) The head of an agency shall, as a condition of granting 
     access to a member of the Board, the Executive Secretary of 
     the Board, or a member of the staff of the Board to 
     classified records or materials of the agency under this 
     title, require the member, the Executive Secretary, or the 
     member of the staff, as the case may be, to--
       (A) execute an agreement regarding the security of such 
     records or materials that is approved by the head of the 
     agency; and
       (B) hold an appropriate security clearance granted or 
     recognized under the standard procedures and eligibility 
     criteria of the agency, including any special access approval 
     required for access to such records or materials.
       (3) The members of the Board, the Executive Secretary of 
     the Board, and the members of the staff of the Board may not 
     use

[[Page H11862]]

     any information acquired in the course of their official 
     activities on the Board for nonofficial purposes.
       (4) For purposes of any law or regulation governing access 
     to classified information that pertains to the national 
     security of the United States, and subject to any limitations 
     on access arising under section 706(b), and to facilitate the 
     advisory functions of the Board under this title, a member of 
     the Board seeking access to a record or material under this 
     title shall be deemed for purposes of this subsection to have 
     a need to know the contents of the record or material.
       (h) Compensation.--(1) Each member of the Board shall 
     receive compensation at a rate not to exceed the daily 
     equivalent of the annual rate of basic pay payable for 
     positions at ES-1 of the Senior Executive Service under 
     section 5382 of title 5, United States Code, for each day 
     such member is engaged in the actual performance of duties of 
     the Board.
       (2) Members of the Board shall be allowed travel expenses, 
     including per diem in lieu of subsistence at rates authorized 
     for employees of agencies under subchapter I of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of the duties 
     of the Board.
       (i) Guidance; Annual Budget.--(1) On behalf of the 
     President, the Assistant to the President for National 
     Security Affairs shall provide guidance on policy to the 
     Board.
       (2) The Executive Secretary of the Board, under the 
     direction of the Chairperson of the Board and the Board, and 
     acting in consultation with the Archivist of the United 
     States, the Assistant to the President for National Security 
     Affairs, and the Director of the Office of Management and 
     Budget, shall prepare the annual budget of the Board.
       ( j) Support.--The Information Security Oversight Office 
     may support the activities of the Board under this title. 
     Such support shall be provided on a reimbursable basis.
       (k) Public Availability of Records and Reports.--(1) The 
     Board shall make available for public inspection records of 
     its proceedings and reports prepared in the course of its 
     activities under this title to the extent such records and 
     reports are not classified and would not be exempt from 
     release under the provisions of section 552 of title 5, 
     United States Code.
       (2) In making records and reports available under paragraph 
     (1), the Board shall coordinate the release of such records 
     and reports with appropriate officials from agencies with 
     expertise in classified information in order to ensure that 
     such records and reports do not inadvertently contain 
     classified information.
       (l) Applicability of Certain Administrative Laws.--The 
     provisions of the Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the activities of the Board under 
     this title. However, the records of the Board shall be 
     governed by the provisions of the Federal Records Act of 
     1950.

     SEC. 704. IDENTIFICATION, COLLECTION, AND REVIEW FOR 
                   DECLASSIFICATION OF INFORMATION OF ARCHIVAL 
                   VALUE OR EXTRAORDINARY PUBLIC INTEREST.

       (a) Briefings on Agency Declassification Programs.--(1) As 
     requested by the Board, or by the Select Committee on 
     Intelligence of the Senate or the Permanent Select Committee 
     on Intelligence of the House of Representatives, the head of 
     any agency with the authority under an Executive order to 
     classify information shall provide to the Board, the Select 
     Committee on Intelligence of the Senate, or the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, on an annual basis, a summary briefing and 
     report on such agency's progress and plans in the 
     declassification of national security information. Such 
     briefing shall cover the declassification goals set by 
     statute, regulation, or policy, the agency's progress with 
     respect to such goals, and the agency's planned goals and 
     priorities for its declassification activities over the next 
     2 fiscal years. Agency briefings and reports shall give 
     particular attention to progress on the declassification of 
     records and materials that are of archival value or 
     extraordinary public interest to the people of the United 
     States.
       (2)(A) The annual briefing and report under paragraph (1) 
     for agencies within the Department of Defense, including the 
     military departments and the elements of the intelligence 
     community, shall be provided on a consolidated basis.
       (B) In this paragraph, the term ``elements of the 
     intelligence community'' means the elements of the 
     intelligence community specified or designated under section 
     3(4) of the National Security Act of 1947 (50 U.S.C. 
     401a(4)).
       (b) Recommendations on Agency Declassification Programs.--
     (1) Upon reviewing and discussing declassification plans and 
     progress with an agency, the Board shall provide to the head 
     of the agency the written recommendations of the Board as to 
     how the agency's declassification program could be improved. 
     A copy of each recommendation shall also be submitted to the 
     Assistant to the President for National Security Affairs and 
     the Director of the Office of Management and Budget.
       (2) Consistent with the provisions of section 703(k), the 
     Board's recommendations to the head of an agency under 
     paragraph (1) shall become public 60 days after such 
     recommendations are sent to the head of the agency under that 
     paragraph.
       (c) Recommendations on Special Searches for Records of 
     Extraordinary Public Interest.--(1) The Board shall also make 
     recommendations to the President regarding proposed 
     initiatives to identify, collect, and review for 
     declassification classified records and materials of 
     extraordinary public interest.
       (2) In making recommendations under paragraph (1), the 
     Board shall consider the following:
       (A) The opinions and requests of Members of Congress, 
     including opinions and requests expressed or embodied in 
     letters or legislative proposals.
       (B) The opinions and requests of the National Security 
     Council, the Director of Central Intelligence, and the heads 
     of other agencies.
       (C) The opinions of United States citizens.
       (D) The opinions of members of the Board.
       (E) The impact of special searches on systematic and all 
     other on-going declassification programs.
       (F) The costs (including budgetary costs) and the impact 
     that complying with the recommendations would have on agency 
     budgets, programs, and operations.
       (G) The benefits of the recommendations.
       (H) The impact of compliance with the recommendations on 
     the national security of the United States.
       (d) President's Declassification Priorities.--(1) 
     Concurrent with the submission to Congress of the budget of 
     the President each fiscal year under section 1105 of title 
     31, United States Code, the Director of the Office of 
     Management and Budget shall publish a description of the 
     President's declassification program and priorities, together 
     with a listing of the funds requested to implement that 
     program.
       (2) Nothing in this title shall be construed to substitute 
     or supersede, or establish a funding process for, any 
     declassification program that has been established or may be 
     established by the President by Executive order.

     SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND 
                   OTHER INFORMATION.

       (a) In General.--Nothing in this title shall be construed 
     to limit the authority of the head of an agency to classify 
     information or to continue the classification of information 
     previously classified by that agency.
       (b) Special Access Programs.--Nothing in this title shall 
     be construed to limit the authority of the head of an agency 
     to grant or deny access to a special access program.
       (c) Authorities of Director of Central Intelligence.--
     Nothing in this title shall be construed to limit the 
     authorities of the Director of Central Intelligence as the 
     head of the intelligence community, including the Director's 
     responsibility to protect intelligence sources and methods 
     from unauthorized disclosure as required by section 103(c)(6) 
     of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6)).
       (d) Exemptions to Release of Information.--Nothing in this 
     title shall be construed to limit any exemption or exception 
     to the release to the public under this title of information 
     that is protected under subsection (b) of section 552 of 
     title 5, United States Code (commonly referred to as the 
     ``Freedom of Information Act''), or section 552a of title 5, 
     United States Code (commonly referred to as the ``Privacy 
     Act'').
       (e) Withholding Information From Congress.--Nothing in this 
     title shall be construed to authorize the withholding of 
     information from Congress.

     SEC. 706. STANDARDS AND PROCEDURES.

       (a) Liaison.--(1) The head of each agency with the 
     authority under an Executive order to classify information 
     and the head of each Federal Presidential library shall 
     designate an employee of such agency or library to act as 
     liaison to the Board for purposes of this title.
       (2) The Board may establish liaison and otherwise consult 
     with such other historical and advisory committees as the 
     Board considers appropriate for purposes of this title.
       (b) Limitations on Access.--(1)(A) Except as provided in 
     paragraph (2), if the head of an agency or the head of a 
     Federal Presidential library determines it necessary to deny 
     or restrict access of the Board, or of the agency or library 
     liaison to the Board, to information contained in a record or 
     material, in whole or in part, the head of the agency or the 
     head of the library shall promptly notify the Board in 
     writing of such determination.
       (B) Each notice to the Board under subparagraph (A) shall 
     include a description of the nature of the records or 
     materials, and a justification for the determination, covered 
     by such notice.
       (2) In the case of a determination referred to in paragraph 
     (1) with respect to a special access program created by the 
     Secretary of Defense, the Director of Central Intelligence, 
     or the head of any other agency, the notification of denial 
     of access under paragraph (1), including a description of the 
     nature of the Board's request for access, shall be submitted 
     to the Assistant to the President for National Security 
     Affairs rather than to the Board.
       (c) Discretion To Disclose.--At the conclusion of a 
     declassification review, the head of an agency may, in the 
     discretion of the head of the agency, determine that the 
     public's interest in the disclosure of records or materials 
     of the agency covered by such review, and still properly 
     classified, outweighs the Government's need to protect such 
     records or materials, and may release

[[Page H11863]]

     such records or materials in accordance with the provisions 
     of Executive Order No. 12958 or any successor order to such 
     Executive order.
       (d) Discretion To Protect.--At the conclusion of a 
     declassification review, the head of an agency may, in the 
     discretion of the head of the agency, determine that the 
     interest of the agency in the protection of records or 
     materials of the agency covered by such review, and still 
     properly classified, outweighs the public's need for access 
     to such records or materials, and may deny release of such 
     records or materials in accordance with the provisions of 
     Executive Order No. 12958 or any successor order to such 
     Executive order.
       (e) Reports.--(1)(A) Except as provided in paragraph (2), 
     the Board shall annually submit to the appropriate 
     congressional committees a report on the activities of the 
     Board under this title, including summary information 
     regarding any denials to the Board by the head of an agency 
     or the head of a Federal Presidential library of access to 
     records or materials under this title.
       (B) In this paragraph, the term ``appropriate congressional 
     committees'' means the Select Committee on Intelligence and 
     the Committee on Governmental Affairs of the Senate and the 
     Permanent Select Committee on Intelligence and the Committee 
     on Government Reform of the House of Representatives.
       (2) Notwithstanding paragraph (1), notice that the Board 
     has been denied access to records and materials, and a 
     justification for the determination in support of the denial, 
     shall be submitted by the agency denying the access as 
     follows:
       (A) In the case of the denial of access to a special access 
     program created by the Secretary of Defense, to the 
     Committees on Armed Services and Appropriations of the Senate 
     and to the Committees on Armed Services and Appropriations of 
     the House of Representatives.
       (B) In the case of the denial of access to a special access 
     program created by the Director of Central Intelligence, or 
     by the head of any other agency (including the Department of 
     Defense) if the special access program pertains to 
     intelligence activities, or of access to any information and 
     materials relating to intelligence sources and methods, to 
     the Select Committee on Intelligence of the Senate and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (C) In the case of the denial of access to a special access 
     program created by the Secretary of Energy or the 
     Administrator for Nuclear Security, to the Committees on 
     Armed Services and Appropriations and the Select Committee on 
     Intelligence of the Senate and to the Committees on Armed 
     Services and Appropriations and the Permanent Select 
     Committee on Intelligence of the House of Representatives.

     SEC. 707. JUDICIAL REVIEW.

       Nothing in this title limits the protection afforded to any 
     information under any other provision of law. This title is 
     not intended and may not be construed to create any right or 
     benefit, substantive or procedural, enforceable against the 
     United States, its agencies, its officers, or its employees. 
     This title does not modify in any way the substantive 
     criteria or procedures for the classification of information, 
     nor does this title create any right or benefit subject to 
     judicial review.

     SEC. 708. FUNDING.

       (a) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to carry out the provisions of 
     this title amounts as follows:
       (1) For fiscal year 2001, $650,000.
       (2) For each fiscal year after fiscal year 2001, such sums 
     as may be necessary for such fiscal year.
       (b) Funding Requests.--The President shall include in the 
     budget submitted to Congress for each fiscal year under 
     section 1105 of title 31, United States Code, a request for 
     amounts for the activities of the Board under this title 
     during such fiscal year.

     SEC. 709. DEFINITIONS.

       In this title:
       (1) Agency.--(A) Except as provided in subparagraph (B), 
     the term ``agency'' means the following:
       (i) An Executive agency, as that term is defined in section 
     105 of title 5, United States Code.
       (ii) A military department, as that term is defined in 
     section 102 of such title.
       (iii) Any other entity in the executive branch that comes 
     into the possession of classified information.
       (B) The term does not include the Board.
       (2) Classified material or record.--The terms ``classified 
     material'' and ``classified record'' include any 
     correspondence, memorandum, book, plan, map, drawing, 
     diagram, pictorial or graphic work, photograph, film, 
     microfilm, sound recording, videotape, machine readable 
     records, and other documentary material, regardless of 
     physical form or characteristics, that has been determined 
     pursuant to Executive order to require protection against 
     unauthorized disclosure in the interests of the national 
     security of the United States.
       (3) Declassification.--The term ``declassification'' means 
     the process by which records or materials that have been 
     classified are determined no longer to require protection 
     from unauthorized disclosure to protect the national security 
     of the United States.
       (4) Donated historical material.--The term ``donated 
     historical material'' means collections of personal papers 
     donated or given to a Federal Presidential library or other 
     archival repository under a deed of gift or otherwise.
       (5) Federal presidential library.--The term ``Federal 
     Presidential library'' means a library operated and 
     maintained by the United States Government through the 
     National Archives and Records Administration under the 
     applicable provisions of the Federal Records Act of 1950.
       (6) National security.--The term ``national security'' 
     means the national defense or foreign relations of the United 
     States.
       (7) Records or materials of extraordinary public 
     interest.--The term ``records or materials of extraordinary 
     public interest'' means records or materials that--
       (A) demonstrate and record the national security policies, 
     actions, and decisions of the United States, including--
       (i) policies, events, actions, and decisions which led to 
     significant national security outcomes; and
       (ii) the development and evolution of significant United 
     States national security policies, actions, and decisions;
       (B) will provide a significantly different perspective in 
     general from records and materials publicly available in 
     other historical sources; and
       (C) would need to be addressed through ad hoc record 
     searches outside any systematic declassification program 
     established under Executive order.
       (8) Records of archival value.--The term ``records of 
     archival value'' means records that have been determined by 
     the Archivist of the United States to have sufficient 
     historical or other value to warrant their continued 
     preservation by the Federal Government.

     SEC. 710. EFFECTIVE DATE; SUNSET.

       (a) Effective Date.--This title shall take effect on the 
     date that is 120 days after the date of the enactment of this 
     Act.
       (b) Sunset.--The provisions of this title shall expire 4 
     years after the date of the enactment of this Act, unless 
     reauthorized by statute.

 TITLE VIII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Japanese Imperial 
     Government Disclosure Act of 2000''.

     SEC. 802. DESIGNATION.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given such 
     term under section 551 of title 5, United States Code.
       (2) Interagency group.--The term ``Interagency Group'' 
     means the Nazi War Crimes and Japanese Imperial Government 
     Records Interagency Working Group established under 
     subsection (b).
       (3) Japanese imperial government records.--The term 
     ``Japanese Imperial Government records'' means classified 
     records or portions of records that pertain to any person 
     with respect to whom the United States Government, in its 
     sole discretion, has grounds to believe ordered, incited, 
     assisted, or otherwise participated in the experimentation 
     on, and persecution of, any person because of race, religion, 
     national origin, or political opinion, during the period 
     beginning September 18, 1931, and ending on December 31, 
     1948, under the direction of, or in association with--
       (A) the Japanese Imperial Government;
       (B) any government in any area occupied by the military 
     forces of the Japanese Imperial Government;
       (C) any government established with the assistance or 
     cooperation of the Japanese Imperial Government; or
       (D) any government which was an ally of the Japanese 
     Imperial Government.
       (4) Record.--The term ``record'' means a Japanese Imperial 
     Government record.
       (b) Establishment of Interagency Group.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the President shall designate the 
     Working Group established under the Nazi War Crimes 
     Disclosure Act (Public Law 105-246; 5 U.S.C. 552 note) to 
     also carry out the purposes of this title with respect to 
     Japanese Imperial Government records, and that Working Group 
     shall remain in existence for 3 years after the date on which 
     this title takes effect. Such Working Group is redesignated 
     as the ``Nazi War Crimes and Japanese Imperial Government 
     Records Interagency Working Group''.
       (2) Membership.--Section 2(b)(2) of such Act is amended by 
     striking ``3 other persons'' and inserting ``4 other persons 
     who shall be members of the public, of whom 3 shall be 
     persons appointed under the provisions of this Act in effect 
     on October 8, 1998.''.
       (c) Functions.--Not later than 1 year after the date of the 
     enactment of this Act, the Interagency Group shall, to the 
     greatest extent possible consistent with section 803--
       (1) locate, identify, inventory, recommend for 
     declassification, and make available to the public at the 
     National Archives and Records Administration, all classified 
     Japanese Imperial Government records of the United States;
       (2) coordinate with agencies and take such actions as 
     necessary to expedite the release of such records to the 
     public; and
       (3) submit a report to Congress, including the Committee on 
     Government Reform and

[[Page H11864]]

     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.

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  Mr. DIXON. Mr. Speaker, reserving the right to object, and I shall 
not object, I yield to the gentleman from Florida so that he might 
explain more fully what he is requesting of the House.
  Mr. GOSS. Mr. Speaker, I thank my friend, the ranking member, for 
yielding; and I would be happy to explain the request.
  As Members have just heard, the President vetoed the intelligence 
authorization bill, H.R. 4392. In doing so, the President cited a 
single provision, the prohibition on unauthorized disclosure of 
classified information, which we have just heard in the reading, as 
well intentioned but unacceptable in its current form. It is worth 
noting that the President accepted a share of the blame for the 
administration's, and I quote, ``failure to apprise the Congress of the 
concerns'' he expressed in his veto message as the bill was making its 
way through the legislative process.
  But the veto message concludes by encouraging Congress to, and again 
I quote, ``send me this bill with this provision deleted.''
  So at this late date, it is my belief that the best course of action 
is to do just that, to remove the one provision and send the 
authorization back to the President for his signature. The bill before 
us, H.R. 5630, is identical to the version of H.R. 4392 that passed the 
House and the Senate on October 12 of this year with one major 
exception. The language, formerly section 304, prohibiting the 
unauthorized disclosure of classified information has been removed in 
its entirety.
  All the other provisions remain the same. I would stress that it is 
my intent that the provisions in H.R. 5630 be implemented in accordance 
with the recommendations contained in the conference report that 
accompanied H.R. 4392.
  Passage of H.R. 5630 by the House today would send the revised 
version of the fiscal year 2001 Intelligence Authorization Act to the 
Senate for what I hope will be a speedy consideration and passage in 
that body.
  I want to thank the gentleman from California (Mr. Dixon), the 
ranking member, along with the gentleman from California (Mr. Lewis), 
the vice chairman, our appropriator, for cosponsoring H.R. 5630. I 
believe that all we want is to get this important bill back to the 
President for his signature.
  Mr. DIXON. Mr. Speaker, further reserving the right to object, I 
yield to the gentleman from New York (Mr. Nadler) for a colloquy with 
the chairman of the committee.
  Mr. NADLER. Mr. Speaker, one provision in this bill purports to 
expand the Nazi War Criminal Records Disclosure Act to include war 
crimes committed by the Imperial Japanese during World War II. The 
problem with this, as I see it, is that under title VIII of the bill, 
the CIA is given the power to exempt automatically all its operational 
files on Japanese war criminals from declassification. So it seems that 
the bill, or the conference report, sets up a double standard. CIA 
operational files relating to Nazi war crimes must be disclosed, but 
CIA operational files relating to Japanese war crimes may be absolutely 
shielded from disclosure.
  In addition to that, some people read title VIII as shielding Nazi 
war crimes operational files from disclosure as well since title VIII 
explicitly covers allies of Imperial Japan, and Nazi Germany obviously 
was an ally of Imperial Japan.
  Now, I know that the intent of the sponsors of the bill and the 
intent of the bill is to expand the Nazi War Crimes Disclosure Act to 
cover Japanese war crimes. I am somewhat concerned that inadvertently 
it may be shielding operational files of the CIA with respect to 
Japanese war crimes and maybe even going so far as to shield that with 
respect to Nazi war crimes. I would ask the gentleman what he can tell 
me to assure me that obviously it is not the intent or that this is not 
the effect.
  Mr. GOSS. Mr. Speaker, if the gentleman from California will yield, I 
am very happy to confirm exactly that point. That is not the intent, to 
create a double standard. The intent was to create a uniformity of 
protection for classified information. We think we got it right. If it 
turns out that is wrong and there is something demonstrable, obviously 
we are prepared to go back and reaffirm our intent and make sure that 
that intent happens. There is no double standard. I think we discussed 
this not only in committee but in the discussion on the floor when we 
passed the bill. I think my comments are consistent, and, I hope, 
helpful.
  Mr. NADLER. I thank the gentleman. I trust he will look into this 
because I am reflecting the concerns of one of the authors of the 
original Nazi War Crimes Disclosure Act, a former Member of this body, 
Liz Holtzman, who sent me a memo on this and called my office about it. 
It does seem to give a shield to operational details of the CIA with 
respect to Japanese war crimes. I can think of no reason. I cannot 
imagine that an American spy against

[[Page H11865]]

Japan in World War II needs protection from disclosure at this point. 
If that were disclosed, he would probably be a hero. The Imperial 
Japanese are not looking for him at this point. So I hope that this 
will be looked into in conference and corrected if need be.
  Mr. GOSS. If the gentleman will continue to yield, I want to assure 
the gentleman that I believe this is a nonproblem. If it turns out I am 
wrong, and I do not think I will be, I will be certainly a part of the 
solution.
  Mr. NADLER. I thank the gentleman.
  Mr. DIXON. Mr. Speaker, further reserving the right to object, I 
believe it is important to underscore the point the gentleman from 
Florida (Mr. Goss) has made. It is certainly my expectation that the 
recommendations contained in the Statement of Managers which 
accompanied the conference report on H.R. 4392 will be accorded the 
same weight by the executive branch interpreting H.R. 5630 as would 
have been the case had H.R. 4392 been enacted. The Statement of 
Managers reflects the intent of Congress on how intelligence programs 
and activities authorized for fiscal year 2001 are to be conducted.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.

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